KEDUDUKAN AMICUS CURIAE SEBAGAI PERTIMBANGAN HUKUM HAKIM DALAM PERSIDANGAN RICHARD ELIEZER (Studi Kasus Putusan Nomor : 798/Pid.B/2022/PN.Jkt.Sel)

Abstract

The emergence of amicus curiae in Decision Number: 798/Pi.B/2022/PN.Jkt.Sel. constitutes an unusual legal occurrence. As a civil law country, Indonesia does not formally recognize this concept, which is generally applied in common law jurisdictions. This research focuses on the position of amicus curiae in Indonesia and the reasons for its appearance in the aforementioned decision. The aim is to determine the role of amicus curiae in Indonesia’s system of evidence and judiciary, as well as the factors that led to its inclusion in Decision Number: 798/Pid.B/2022/PN.Jkt.Sel. This study adopts a normative legal research method with legislative and conceptual approaches. The position of amicus curiae has not been specifically regulated within Indonesia’s evidentiary law. However, it may be applied based on judicial discretion and Article 5 paragraph (1) of the Law on Judicial
Power, thereby making its use possible in criminal proceedings.Them appearance of amicus curiae in this decision was triggered by a discrepancy between the sentence sought by the public prosecutor and the contribution of the defendant, who also acted as a cooperating witness. Amicus curiae is not a form of evidence but rather a means of public participation in assisting the court in its decision-making process.To achieve progressive legal reform, the existence of amicus curiae should be supported by a clear legal basis. This is essential to ensure that its application in the criminal justice system provides protection, supports fair decision-making, and fosters legal certainty.