What Is Amicus Curiae In Criminal Justice? This Is The Role And Basis Of The Law

Illustration of criminal justice (Photo: Rizky AP/VOI)

YOGYAKARTA - The term amicus theft often appears in court cases of law. Amicus steal is a term contained in the criminal justice system. Many do not know what amicus stole is.

The term amicus stealae also appeared in the trial of the murder case of Brigadier J carried out by Ferdy Sambo. In the trial, amicus stoleae was present as a supporter of the defendant Richard Total Pudihang Lumiu.

A total of 112 academics, both lecturers and professors from various universities, declared themselves as amicuscurae for Bharada E who was one of the defendants in the legal case. Hundreds of these people joined the Indonesian Academic Alliance and conveyed their support to the South Jakarta District Court (PN) since February 6, 2023.

So what is amicus stealing and his role in the judiciary? Here's an explanation you need to know.

Amicus stole is also referred to as a court friend or friends of court. Meanwhile, the plural form of the term is amicicuree.

Based on Britannica, amicus steals in Latin means 'political friend'. Amicus steals is someone who helps the court by providing information or advice on legal questions or facts.

The person who became an amicus steals is not a party in a lawsuit that has an immediate interest in the outcome of the lawsuit. Amicus stole was allowed to participate as a party in the lawsuit.

Amicus stoleae can be said to be a party that feels interested in a case so that it contributes its legal opinion to the court. However, amicus steals can only be involved in providing opinions. They have no right to oppose or force judges.

In countries that implement a common law legal system, the content of amicus theft is commonly found. In addition, these mechanisms or practices are also found in Indonesia as a country that adheres to the civil law system.

Amicus steals in Indonesia has a legal basis regulated in Law Number 48 of 2009 concerning Judicial Power. Article 5 Paragraph 1 of Law Number 48 of 2009 reads:

The judge and constitutional judge must explore, follow and understand the legal values and a sense of justice that lives in society.

Amicus stole is generally involved in court related to public cases with broad interests, for example in civil rights cases. Amicus theft can be made by individuals or organizations that have no direct connection with cases in court.

Amicus stole often serves to raise awareness to judges in court based on the information that has been collected. The information is related to the ongoing case at trial.

Amicus stole a war as a third party who feels they have an interest in a legal case. Amicus stole can submit his legal opinion to support or strengthen legal analysis and become the judge's consideration.

The legal opinion submitted by amicus steals generally includes information that has been neglected or has not been attached, but is important for cases currently underway in the trial. Documents containing opinions or information from amicus steal are referred to as amicus briefings.

An amicus steals generally cannot participate unless they get permission from the court. Most courts rarely publish people to appear in this capacity. One can apply as an amicus steal if both parties agree or if allowed by the court.

In court, amicus curiae will provide information or arguments that are usually in the form of a briefing. Amicus Brief is generally filed at the appeal level, although it can also be filed in a lawsuit that was postponed at the court level. To submit a directive, an amicus stealae must obtain a court permit or all parties agree to his filing.

That is what review is amicus stealing and its role. The mechanism of amicus stealing in Indonesia has been regulated in the law. Amicus stole is a third party who has a role in providing opinions or arguments for cases that are running in court.

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