The Arrangement of the Amicus Curiae in the Judicial System and Its Implications for the Consideration of Constitutional Judges in the Dispute over the Results of the 2024 Presidential Election

Abstract

This research examines amicus curiae in the Indonesian judicial system, especially in the case of a dispute over the results of the 2024 Presidential General Election. The method used is normative legal research with a conceptual approach and comparative approach. Amicus curiae, or friends of the court, is an instrument that allows third parties, who are not directly involved in litigation, to provide views or information to the court. Although not explicitly regulated in law, amicus curiae has been accepted in court practice, such as at the Constitutional Court in disputes over election results. In the context of the 2024 PHPU, amicus curiae contributions provide an in-depth look at the legal and social aspects associated with electoral procedures as well as consideration of complex legal issues and safeguard the integrity of the judicial process. Although amicus curiae is not legal evidence, it serves as a consideration that enriches the process of rechtsvinding and supports fairer and more transparent decisions. However, there are challenges in establishing the legal status of amicus curiae in the Indonesian legal system, as there is no clear regulation regarding its position. Therefore, it is important to have a more structured and legally certain regulation so that amicus curiae can function effectively in supporting the achievement of substantive justice.