"Amicus Curiae", MK to Consider or Ignore?

As of this afternoon there were 21 "amicus curiae" submitted to the Constitutional Court. To what extent did the Constitutional Court judges consider it?

KOMPAS

Constitutional Justice, Arief Hidayat, emphasized that it would not be good if the President as the head of state and the symbol of the state was presented at the Constitutional Court trial.

The thoughts of PDI-P General Chair Megawati Soekarnoputri in the form of an opinion article published in the daily Kompas have recently been resubmitted as amicus curiae or friend of the court in election results dispute cases President 2024. Amicus curiae Megawati was handed over by PDI-P Secretary General (Sekjen) Hasto Kristiyanto and PDI-P DPP Chair Djarot Saiful Hidayat at the Constitutional Court Building, Jakarta, Tuesday (16/4/2024).

In the introduction to her amicus curiae, Megawati invited the Indonesian people to pray that the hammer of the Constitutional Court would not be a sledgehammer, but a golden hammer, as national hero RA Kartini said in 1911. , "After rain comes sunshine". In this way, the dawn of democracy that has been fought for a long time ago will reappear and will be remembered continuously by generations of the Indonesian people.

On the same day, four student organizations also submittedamicus curiae. They come from the Justicia Student Council of the Faculty of Law (FH) Gadjah Mada University, the Student Executive Board (BEM) FH Diponegoro University, BEM FH Padjadjaran University, and BEM FH Airlangga University.The amicus curiaecontains the concerns of faculty students law regarding the conduct of the 2024 Election.

Previously, the amicus curiae was also proposed by the Alliance of Academics and Civil Society, which has 303 members from academic circles and civil society, on March 28 2024. The Alliance considered that Gibran Rakabuming Raka did not meet the requirements as a vice presidential candidate and asked the Constitutional Court not to hesitate to declare disqualification to vice presidential candidate number 02.

Also read: MK that starts, MK that ends

KOMPAS

Chairperson of the Indonesian Democratic Party of Struggle Megawati Soekarnoputri submitted the amicus curiae or friend of the court to the Constitutional Court regarding the dispute over the results of the 2024 Presidential and Vice Presidential Election.

Apart from that, the amicus curiae was also submitted to the Constitutional Court judges by author Ayu Utami who represented 159 artists and cultural figures in Indonesia on April 1 2024. The artists expressed their support for the Constitutional Court not to hesitate to disqualify the Prabowo-Gibran pair.

Megawati invites the people of Indonesia to pray that the gavel of the Constitutional Court is not a hammer of destruction, but rather a golden gavel, as spoken by national hero RA Kartini in 1911.

On the same day, amicus curiae was also handed over by the Center for Legal and Social Justice Studies at Gadjah Mada University (UGM) together with a number of lecturers from the UGM Faculty of Law. The Amicus curiae contains strong indications of fraudulent practices in the implementation of the 2024 presidential election.

On Wednesday (17/4/2024), the amicus curiae was conveyed by the Indonesian American Lawyers Association (IALA) to the Constitutional Court. According to IALA, the Constitutional Court is an institution capable of returning democratic principles to Indonesian society. Therefore, it is hoped that the decline in democracy due to the weakening of the MK will be immediately overcome by the MK.

Also today, several figures calling themselves the Indonesian Citizens Group also submitted their amicus curiae to the MK. They hope that the Constitutional Court will straighten out the nation's journey to return to the constitutional track. At least, as of Wednesday afternoon, there were 21 friends of the court recorded regarding the hearing the 2024 Presidential Election dispute which was submitted to the Constitutional Court.

KOMPAS/IQBAL BASYARI

Academician from Jakarta State University, Ubedilah Badrun (left), and Professor of Legal Anthropology at the University of Indonesia Tulisyowati Irianto (right) show the amicus curiae file which was submitted to the Constitutional Court, Thursday (28/3/2024).

MK spokesperson, Fajar Laksono Suroso, said that the written conclusions submitted by the parties were an inseparable part of the case file. This conclusion together with the statement submitted by amicus curiae will also be considered by the judge (Kompas, 17/4/2024).

"Amicus curiae" is the consideration of the panel of judges

Looking back a little, amicus curiae also emerged in the trial of the shooting case of Brigadier J or Nofriansyah Yosua Hutabarat. At that time, the prosecutor charged Bharada E alias Richard Eliezer Pudihang Lumiu with 12 years in prison.

Regarding this demand, the Indonesian Academic Alliance then submitted an amicus curiae to the panel of judges and expressed its support for Richard. The same thing was done by civil society groups, namely the Institute for Criminal Justice Reform (ICJR), Public Interest Lawyer Network (Pilnet), as well as the Institute for Community Studies and Advocacy (Elsam). They emphasize the importance of honesty as the beginning of justice.

Also read: Propose "Amicus Curiae", 303 Figures Ask MK Not to Hesitate to Disqualify Gibran

Then, in its decision, the panel of judges apparently took into account theamicus curiaegiven by the individual or group. Support for Richard is seen as a form of love for the nation and state, as well as representing the hopes of society (Kompas, 16/2/2024).

KOMPAS

The Alliance of Indonesian Academics filed an amicus curiae, asking for justice for Richard Eliezer.

So it's one piece of evidence

The question is, to what extent will the amicus curiae or friend of the court be considered by constitutional judges in the 2024 presidential election dispute?

Former Constitutional Justice, Maruarar Siahaan, when contacted on Wednesday (17/4/2024) said that the concept of friend of the court or amicus curiae has developed in the legal system in countries such as the United States, England and several other countries. The position of amicus curiae is neutral or independent and takes the form of providing input to judges regarding a legal issue or broader interests.

According to Maruarar, this is in line with the Law on Judicial Power in Indonesia, which obligates judges to explore, follow, and understand the legal values and sense of justice that exist within society. For example, in the past, judges were actively involved in researching unwritten customary law which served as a guide for the community's way of life.

The question is, is it really the people who determine the process? That certainly needs to be tested. And one of the many pieces of evidence is 'amicus curiae'.

For the Constitutional Court, said Maruarar, as long as the things stated contain the truth, then amicus curiae can be seen as a form of evidence. Because, so far, the Constitutional Court has been able to invite related parties, either directly or indirectly, to provide views on certain issues or matters because the Constitutional Court's decisions will have an impact on all Indonesian citizens.

"The Constitutional Court's decision will not only concern the presidential and vice presidential candidates, but will concern the entire nation because in a democracy the highest power rests with the people. The question is, is it true that in this process the people decide? Of course it must be testable. "And one of the many pieces of evidence is amicus curiae," said Maruarar.

KOMPAS/HERU SRI KUMORO

Maruarar Siahaan and Harjono listened to the answers of one of the candidates for the constitutional judge selection proposed by the president at the Ministry of State Secretariat Building in Jakarta on Wednesday (11/12/2019).

Exploring the sense of justice in society

In this case, Maruarar believes that the Constitutional Court judges will consider the weight of every input or statement given. Maruarar also hopes that the judges will be independent, neutral, and brave in facing the risks of their verdict.

The Constitutional Court judge will consider the weight of every input or statement given. Maruarar also hopes that the judge will be independent, remain neutral, and be brave in facing the risks of their decision.

Separately, the Director of the Center for Constitutional Studies (Pusako) of the Faculty of Law, Andalas University, Charles Simabura, is of the view that amicus curiae is an initiative of citizens or certain parties to voice what they feel or contain a statement of attitude on something. On the other hand, this is in line with the obligation for judges to explore the growing sense of justice in society.

What should be noted, according to Charles, is that the parties who submitted amicus curiae were also not careless. Apart from having concern, they also have the capacity or ability and have integrity. Because, when deciding to become a friend of the court, what is at stake is integrity.

Also read: ”Amicus Curiae” and Human Rights Protection

"Judges should appreciate this because amicus curiae is meant to help judges listen to the voices or aspirations of the community," said Charles.

DIAN DEWI PURNAMASARI

Lecturer at the Faculty of Law, Andalas University, Padang, Charles Simabura.

For Charles, amicus curiae is a form of public participation. Whether this amicus curiae will be taken into consideration by the judge or not depends on the judge's independence. What is certain is that the Indonesian people are waiting for the decision that will be taken by the guardians of the constitution.