TEMPO.CO, Jakarta – The Constitutional Court (MK) receives the files friend of the court or Friend of the Court from the General Chairman of the Indonesian Democratic Party of Struggle (PDIP) Megawatts Soekarnoputr and the Student Action Board (BEM) of the Faculty of Law (FH) from four universities in Indonesia.
Four GOOD submitted documents at II MK Building, Jakarta, on Tuesday, 16 April 2024 the Student Council of Justicia FH at Gadjah Mada University (UGM), BEM FH Padjadjaran University (Unpad), BEM FH Diponegoro University (Undip), and BEM FH Airlangga University (Unair).
In handing over the files, the Movement Commissioner for the UGM Justicia FH Student Council, Muhammad Emir Bernadine, was a representative of the four BEM.
At the same time, the recipients of the files from the Constitutional Court were represented by the Head of the Department of Secretariat and Foreign Cooperation of the AACC Immanuel Hutasoit and the Head of the Department of Public Relations and Domestic Cooperation Andi Hakim.
Immanuel said he welcomed the eight amicus curiae documents they received, which will be sent to the Panel of Judges through an administrative mechanism.
Andi also said that the document would be widely presented to the Panel of Judges.
Immanuel and Andi expressed their gratitude for MK’s support through amicus curiae.
Emir, who represented BEM, explained that they submitted the amicus curiae as a moral responsibility and responsibility for the presidential election and the general election as a whole.
They hope that the Constitutional Court will consider the points they expressed in the document, including, among other things, the cancellation of KPU order No. 360 of 2024 regarding the Decision of Results General Elections and general presidential elections to be held again with independence and integrity.
They also suggested that the panel of judges should act gradually by prioritizing substantive justice and propriety in decisions, as well as deciding PPU cases or presidential election disputes based on conscience and rejects intervention.
Notice
Mengenal Friend of the Court
Based on a scientific article titled Position of Amicus Curiae in the Judicial System in Indonesia, Amicus Curiae is a third party interested in a case, who gives his legal opinion in court. Amicus Curiae only makes comments and does not make a challenge.
Even if it is not clearly regulated in Indonesia, the legal basis for adopting the concept is friend of the court in Indonesia there is Article 5 paragraph (1) of Law Number 4 of 2009 regarding Judiciary. This article is the basis for judges to determine the strength of evidence.
Constitutional Court Regulation No. 06/PMK/2005 on Procedural Guidelines in Legal Review Cases also states that related parties with indirect interests are parties whose statements, main duties and activities are required to be heard, or parties whose statements must be heard as ad informandum, that is a party whose rights and/or authority are not directly affected by the subject matter of the application but because of their serious concern about that request.
Although the use of amicus curiae is commonly used in countries that adhere to the system common lawnot the system civil law as Indonesia, this custom is rarely used or practiced in Indonesia.
Therefore, in the Indonesian judiciary, Amicus Curiae is not regulated in detail, but it is the legal basis for the adoption of the concept. friend of the court in Indonesia there is Article 5 paragraph (1) of Law Number 4 of 2009 regarding Judiciary.
ANANDA BINTANG I AMELIA RAHIMA SARI
Editor’s Choice: Anies recommends Amicus Curiae Megawati
2024-04-17 13:22:05
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