Jakarta –
PDIP General Chair Megawati Soekarnoputri volunteered as friend of the court or friends of the court to the Constitutional Court (MK) to dispute the results of the 2024 presidential election. In this case, one of the applicants for the 2024 presidential election dispute is the presidential and vice presidential candidates promoted by PDIP, Ganjar Pranowo-Mahfud Md.
“I, Hasto Kristiyanto, together with Mas Djarot Saiful Hidayat, was assigned by Mrs. Megawati Soekarnoputri with a power of attorney as follows. My arrival is to submit the opinion of a friend of the court from an Indonesian citizen, namely Mrs. Megawati Soekarnoputri, so that Mrs. Mega, in her capacity as an Indonesian citizen, submits herself as friend of the court or friends of the court,” said Secretary General of the PDI Perjuangan, Hasto Kristiyanto, at the Constitutional Court Building, Central Jakarta, Tuesday (16/4/2024).
Hasto said Megawati also submitted a handwritten letter to the MK. He hopes that the Constitutional Court’s decision will create justice that can explain the nation and state. Meanwhile, the Constitutional Court Representative who received the letter stated that he would submit the letter to Chief Constitutional Justice Suhartoyo.
ADVERTISEMENT
SCROLL TO CONTINUE WITH CONTENT
So what is Amicus curiae? The legal term ‘amicus curiae’ comes from Latin which literally means ‘friend of the court’. Quoted from the official website of the Constitutional Court of the Republic of Indonesia (MKRI), friend of the court is a legal concept that allows third parties, namely those who feel an interest in a case, to provide their legal opinions to the court.
A friend of the court usually filed for cases that are under appeal and issues of public interest such as social issues or civil liberties that are being debated, where the judge’s decision will have a broad impact on people’s rights. In friend of the courtparties who feel interested in a matter give their opinion to the court.
Asal-usul Friend of the Court
The origins of the term ‘amicus curiae’ come from Roman Law. Since the 9th century, practice friend of the court It is starting to become commonplace in countries with a ‘common law’ legal system, especially in appellate courts or in large and important cases.
Then in the 17th and 18th centuries, there was widespread participation in friend of the court recorded on All England Report. Based on this report, several related figures friend of the court namely, among other things, that:
- Main function friend of the court is to clarify factual issues, explain legal issues and represent certain groups.
- A friend of the court related to facts and legal issues, should not be made by a lawyer (lawyer).
- A friend of the court not related to the plaintiff or defendant, but has an interest in a case.
- Permission to participate as friend of the court.
Friend of the Court from Indonesia
Even though it’s practical friend of the court commonly used in countries with systems common lawdoes not mean this practice friend of the court does not exist or is not implemented in Indonesia, with the system civil law. If we refer to the main points friend of the court namely to help judges to be fair and wise in deciding cases, this has been recognized and practiced in the legal system in Indonesia.
The obligation of judges to “explore, follow and understand the legal values and sense of justice that exist in society” has been stipulated in Article 5 Paragraph (1) of Law (UU) Number 4 of 2009 concerning Judicial Power. This applies to all judges throughout the judiciary and court levels in Indonesia.
Practice friend of the court in Indonesia it has also been used in many cases. Practice opportunities friend of the court in the criminal justice system in Indonesia, it can also refer to Article 180 Paragraph (1) of Law Number 8 of 1981 concerning the Criminal Procedure Code (KUHAP).
“In cases where it is necessary to clarify the question that arises in the court session, the presiding judge can ask for expert testimony and can also ask for new material to be submitted by those who are interested.”
So it is necessary to understand that position friend of the court is a party whose interests are limited to providing opinions or legal opinions. In this case friend of the court cannot be categorized as evidence, nor can it be said to be a witness or expert witness.
However, the opinion of friend of the court This can be a consideration for the judge in the judicial process. This is done to help judges be fair and wise in deciding a case.
Watch the video ‘A handwritten letter from Megawati to the Constitutional Court Judge’:
(wia/idn)