Legal Literacy - This article investigates the role and application of amicus curiae, or 'friend of the court,' in the Indonesian judicial system. We will explore the legal basis, functions, and debates regarding the acceptance of friends of the court in Indonesia, providing guidance for legal practitioners, and answering common questions about the topic.

Introduction

Amicus curiae, which means "friend of the court" in Latin, is a legal concept in which individuals or groups not directly involved in a case can provide views, information, or expertise that can assist the court in making fair and appropriate decisions. In Indonesia, this role has not been specifically regulated in legislation, but has been accepted in judicial practice, especially in cases that have broad social or legal impact.

The purpose of a friend of the court is to assist the court in considering all relevant legal aspects in a case, so that the court can make a fair and appropriate decision.

The concept of amicus curiae in Indonesia is based on Article 5 paragraph (1) of Law Number 48 of 2009 concerning Judicial Power. This article affirms that judges and constitutional judges are obliged to explore, follow, and understand the legal values and sense of justice that live in society. This opens the way for judges to receive and consider the opinions of friends of the court in their decision-making process.

Amicus Curiae Friend of the Court in the Indonesian Legal System
Image Illustration by Editors / Source: DALLE