Getting To Know Amicus Curiae, Megawati Soekarnoputri's Letter In The 2024 Presidential Election Dispute

PDIP Secretary General Hasto Kristiyanto submitted the file for the submission of PDIP Chairman Megawati Sukarnoputri as an amicus for the 2024 presidential election dispute trial at the Jakarta Constitutional Court Building. (VOI/Rizky Aditya Pramana)

JAKARTA - Megawati Soekarnoputri officially submitted an amicus theft letter or court friend to the Constitutional Court (MK) represented by the Secretary-General of the PDI-P Hasto Kristiyanto and the Chairman of the PDIP DPP Djarot Syaiful Hidayat.

The amicus theft document from the PDIP General Chair was sent to the Constitutional Court on Tuesday (16/4/2024) for the dispute over the General Election Results (PHPU) of the Presidential Election. In the amicus theft, Megawati asked the entire community to pray that the decision taken by the Constitutional Court in the presidential election case was not like a hammer but a golden hammer.

"As Ibu Kartini said in 1911: 'After the dark comes light', so that the dawn of democracy that we have fought for from the beginning, reappears and will be remembered continuously by the generation of the Indonesian nation," said Hasto reading the writings of megawati.

The Constitutional Court is currently investigating two cases related to the 2024 Presidential PHPU. Both cases were filed by pair number 01 Anies Baswedan-Muhaimin Iskandar and candidate pair number 03 Ganjar Pranowo-Mahfud MD. The Constitutional Court scheduled the two cases to be decided on April 22.

The termamicus stole is often heard in the ears of the public after Megawati filed it earlier this week. In 2023, a number of parties have also filed a crime against Richard Totaling Pudihang Lumiu or Bharada E in the case of the murder of Ferdy Sambo against Brigadier J.

A total of 122 scholars consisting of professors and lecturers from leading universities in the country who are members of the Indonesian Academic Alliance declared themselves as amicus stealingae to the South Jakarta District Court (PN) on February 6, 2023. In addition, the bonds of alumni of the Faculty of Law, Trisakti University also submitted a court friend letter to support Richard Total.

The termamicus steals comes from Latin which means 'friend of the court' or court friend.

According to criminal law observer Masykur Isnan,amicus stealing or a court friend is a legal concept that allows third parties with an interest in a case to give their legal opinion to the court, not act as parties in litigants, but provide input that can be considered by the judge.

In contrast to intervention, the involvement ofamicusftiae is only limited to giving opinions that will later be used by the judge as one of the considerations in deciding cases. Amicus theft is usually filed in court related to public cases with broad interests, such as civil rights cases.

At first,amicus stole from the Roman Law tradition. But since the ninth century, this practice has been commonly adopted in countries with a commmon law system. In its development, the use ofamicus theft is also widely found in countries with a civil law system like in Indonesia.

In general, the legal basis associated as the basis for accepting the concept of Amicus Curiae in Indonesia is Article 5 paragraph (1) of Law Number 48 of 2009 concerning Judicial Power (UU of Judiciary Power) which confirms that The judge and constitutional judge must explore, follow, and understand the legal values and a sense of justice that lives in society'.

Another rule that becomes the basis is Article 14 paragraph (4) of Constitutional Court Regulation Number 06/PMK/2005 stated that related parties with indirect interests, as well as Article 180 of the Criminal Code paragraph (1).

Masykur Isnan added, "amicus stealing can be done individually or organizationally, has a role in the trial, can provide input to the court without being a party in the case. The concept of Amicus Curiae has been partially accepted and recognized in several regulations, including Constitutional Court Regulation Number 06/PMK/2005.

"Amicus stole what Megawati did, what is of concern is whether there is a conflict of interest in the case," said Masykur Isnan to VOI.

"We both understand that there is a role of the PDI-P in the case (paslon 3), but on the other hand, what should not be forgotten is that the legal goal is not only to talk about legal certainty, there is also justice and benefit, to become meaningful or not. STOre will be returned to the panel of judges," he added.

It should be noted that the position ofamicus theft is as a party that has a limited interest in providing opinions or legal opinion. Amicus stole cannot be categorized as evidence, and is not also said to be an expert witness or witness.

However, the opinion of dariamicus curiaeini can be considered by the judge in the judicial process. This is done to help judges to be fair and wise in deciding a case.

Megawati Soekarnoputri is not the only person who volunteered as an amicuscuree or a court friend in the 2024 election lawsuit case. MK spokesman Fajar Laksono said that there were five applications foramicus theft this year, more than the previous election.

"I think this is indeed the most stolen, today we only received 5 amicuses," Fajar told reporters at the Constitutional Court Building, Central Jakarta, Tuesday (16/4/2024).

Citing the official website of the Constitutional Court, on the same day, the Indonesian Young Advocate Forum (FAMI) expressed support for constitutional judges in deciding the dispute over the results of the 2024 presidential election.

Then, there are also the Indonesian Democratic Enforcement Alliance (APDI), the Indonesian Constitutional Rights Advocate Foundation (Yakin), and Stefanus Hendrianto who each volunteered to become Amicus Curiae related to the 2024 Presidential PHPU.

Previously, on April 1, 2024, artists Butet Kertaredjasa along with 180 artists and cultural observers volunteered asamicus stole to the Constitutional Court. Several well-known artists such as Ayu Utami and Agus Noor participated in this initiative.