Kedudukan Amicus Curiae (Sahabat Pengadilan) dalam Pertimbangan Hakim Menurut Sistem Peradilan Pidana di Indonesia (Studi Putusan Nomor 371/Pid.B/2020/PN.Jkt.Utr)

Abstract

Amicus curiae (friend of the court) is a third party who has an interest in a case being handled by the court and provides legal opinion as input to the judge without intending to go against the law. In Indonesia, the concept of amicus curiae has not been explicitly regulated, but its legal basis can be seen in Article 5 paragraph (1) of Law No. 48 of 2009 concerning Judicial Power which mandates judges to explore and understand legal values and a sense of justice that lives in society. The problem for this study is the regulation of amicus curiae in the Indonesian criminal justice system, the position of amicus curiae (friend of the court) to provide considerations to judges in decision number 371/Pid.B/2020/PN.JKT.UTR and how the influence of amicus curiae in providing considerations to judges in deciding a case. This research uses a normative juridical approach and is descriptive in nature with a statutory approach method. Data is obtained through literature study with data collection techniques in the form of official documents, books, scientific journals, and other literature sources. Data analysis is done qualitatively The results of this study state that the concept of amicus curiae is common and often done in assisting judges in making decisions. Amicus curiae as a consideration for judges in the judicial practice of criminal cases when associated with evidence regulated in Article 184 paragraph (1) of the Criminal Procedure Code, can be categorized as clue evidence. Regarding this clue evidence, it can be said that clues from various evidence cannot be obtained by the judge without thinking about the correspondence between one fact and another. In decision number 371/Pid.B/2020/PN.JKT.UTR, the amicus curiae submitted by kontraS was accepted but the Panel of Judges did not consider it on the grounds that the criminal justice system in Indonesia in the Criminal Procedure Code does not recognize what is called Amicus Curiae, but in judicial practice there are several facts where Amicus Curiae submitted by related parties does not directly enter into the subject matter.