The Urgency of Amicus Curiae in Court as a Basis for Judges’ Consideration in Making Fair Decisions

Sahuri Lasmadi 1, Angga Aldila Gusman 2, Moh Hasyim Asy’ari 3, & Aisyah 4

https://doi.org/10.62271/pjc.16.4.1313.1324

Abstract

Judges play a crucial role in law enforcement, needing to understand and apply societal values in their decisions, as law serves humanity. The concept of Amicus Curiae, or “friends of the court,” refers to contributions from those not directly involved in a case but who have a significant interest in its legal issues. This study examines the importance of implementing Amicus Curiae in Indonesia’s legal system to optimize justice and its impact on formulating fair decisions. Using a normative juridical approach, the research analyzes legal documents, case studies, and relevant literature through qualitative techniques. The findings suggest that incorporating Amicus Curiae can enhance judicial transparency, provide broader legal perspectives, and lead to more balanced judgments. This integration could improve the quality of judicial decisions, bolster public confidence in the judiciary, expand access to justice, and ensure outcomes align more closely with societal values. Ultimately, fostering a more inclusive legal environment through Amicus Curiae can empower marginalized voices, contributing to a more equitable judicial process. As such, it is essential for legal stakeholders to recognize and support the integration of Amicus Curiae in Indonesia’s legal framework.

Keywords: Amicus curiae, justice, judges, legal application, judges’ considerations, law enforcement.