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.

Amicus Curiae is present to bring and represent the sense of justice that exists in society. They help Judges to see the feelings and thoughts that exist in society regarding a case, so that Judges can broaden their views regarding the legal values that live in that society.

The Practice of Amicus Curiae in the Judiciary in Indonesia

Erasmus Napitupulu, Head of ICJR (Institute for Criminal Justice Reform) submitting an Amicus Curiae or friend of the court letter to the South Jakarta District Court as a line of support for Richcard Eliezer, one of the defendants in the premeditated murder of Brigadier Nofriansyah Yoshua Hutabarat or Brigadier J. The Amicus Curiae was sent with the aim of reducing Eliezer's sentence. In the letter of support, it is clear on the front page that ICJR wrote the sentence "Honesty of heart must be appreciated".

Not alone, ICJR joined hands with PILNET and ELSAM in this action. Erasmus assessed that Richcard had an important role in dismantling the false scenario of the other 4 defendants. Thus, according to him, it would be very appropriate if Eliezer received a lighter sentence than the other defendants.

Erasmus said that ICJR sent Amicus Curiae as a form of support from the public to the court, so that the court could give the fairest possible decision. During the trial process, ICJR initially assessed that the judge and public prosecutor treated Richcard Eliezer or Bharada E well. However, when the prosecutor demanded that Eliezer be sentenced to 12 years in prison, ICJR assessed that inconsistencies began to appear within the prosecutor.

For Erasmus, a light sentence against Bharada E is important for the practice of Indonesian justice in the future. He said that the Amicus Curiae launched at the trial to help Richcard Eliezer is basically to campaign for Justice Colllaborator in subsequent cases. The aim is for the public to understand that being a Justice Collaborator is systematically protected, and will be considered in court decisions.

“Our interest is not only about Bharada E, not about this case, but it is related to an important message to be conveyed to the public. That don't be afraid to give information, to uncover big cases. It is also important for judges and prosecutors to support Justice Collaborator because it will be difficult if they both do not support the system in court, especially in large cases such as corruption and narcotics which are very organized and difficult to uncover”.

“So, so that the judge knows that the judge is not walking alone. That there is a large system that we must save, namely the system Justice Collaborator". Don't let anyone say what's the point of being Justice Collaborator", already tired in court, uncovering the truth, but the demands or decisions are still heavy”. said Erasmus Napitupulu on Monday, January 30, 2023.