PENGARUH AMICUS CURIAE TERHADAP PUTUSAN HAKIM MENURUT SISTEM PERADILAN PIDANA DI INDONESIA

Abstract

Amicus Curie is a term that means "friend of the court" or what is known as
Friend of the Court. Amicus curiae is filed by someone who is not a party involved
in a case in a judicial process. Amicus curiae is a way to provide an opinion, and
not to fight, but amicus curiae gives influence to the judge in ensuring additional
points of view and relevant information in his considerations. The judicial system
in Indonesia is not yet clearly regulated, but the legal basis for accepting amicus
curiae in Indonesia is in article 5 paragraph (1) of Law no. 48 of 2009 concerning
judicial power, which states that judges and constitutional justices are obliged to
explore, follow and understand the legal values and sense of justice that exist in
society. The aim of this research was to determine the influence of amicus curiae in
the criminal justice system and to find out the legal provisions for amicus curiae in
the future in the criminal justice system in Indonesia.
This research is normative legal research supported by secondary data,
carried out by using library materials as the main focus. Also called doctrinal legal
research, namely legal research that uses data based on library research by taking
quotations from reading books, or supporting books that are related to the problem
to be researched. Thus, this research uses secondary data sources consisting of
primary, secondary and tertiary legal materials. Thisresearch also uses qualitative
data analysis and produces descriptive data.
The results of the study concluded that amicus curiae had an influence on
judges' decisions which had different results. In several decisions, the participation
of the amicus curiae plays an important role in the judge giving the decision so that
the opinions and views expressed influence the final outcome of the decision, but in
some cases the amicus curiae is completely ignored for various reasons, one of
which isthat the defendants have fulfilled the elements of a criminal act so the judge
does not accept the amicus curiae. This and amicus curiae require new, clearer
regulations on criminal matters, which will make it easier for judges to express
opinions from amicus curiae into a decision.
Keywords: Influence – Amicus curiae– Judge's decision.