Legal Literacy - In some practices in court, the news often broadcasts a body that is present in court to provide input on ongoing cases. This body is not a party involved in the case. They are Amicus Curiae or also commonly referred to as friends of the court. Who are they?

Who is Amicus Curiae?

Amicus Curiae or friend of the court is a legal concept that provides space for third parties to provide their legal opinions to the court. Amicus Curiae is not part of the parties in the case, but its role is as a party who feels they have an interest or pay attention to the case.

Amicus Curiae can consist of individuals or a combination of several institutions or organizations. The judge will use the legal opinion submitted by them as consideration for examining and deciding ongoing cases. The legal opinion given is not an intervention, but only as non-binding input. The opinion given is also not an act of resistance. This opinion can be submitted in writing or orally.

The practice of Amicus Curiae in the judiciary generally develops and is practiced in the legal system Common Law. Indonesia itself is a country with a legal system Civil Law. This is why regulations regarding the practice of Amicus Curiae are not regulated in the judicial system.

However, in several notes that have been given to the court, these parties take the legal basis in Article 5 paragraph (1) of Law Number 48 of 2009 concerning Judicial Power which states that Judges and Constitutional Judges have an obligation to explore, follow, and understand legal values and also a sense of justice that lives in society.

It can also be seen in Article 14 paragraph (4) of the Constitutional Court Regulation Number 06/PMK/2005 which states that regarding related parties who have an indirect interest are: 1). Parties who, due to their position, main duties, and functions, need to be heard; and 2). Parties who need to be heard as ad informandum, namely parties whose rights and/or authorities are not directly affected by the subject matter of the application, but because of their high concern for the application in question.

Then in Article 180 paragraph (1) of the Criminal Procedure Code it is stated that if it is necessary to clarify the issues that arise in court, the presiding judge may ask for expert information and may also ask for new material to be submitted by those concerned. The phrase "by those concerned" indirectly refers to Amicus Curiae.