DEPUTY Chair of the Prabowo-Gibran Legal Team and Constitutional Law Expert Fahri Bachmid gave an opinion regarding the efforts of various parties who submitted themselves as “amicus curiae” at the Constitutional Court (MK).
Through PDIP Secretary General Hasto Kristiyanto on Tuesday (16/4) PDIP General Chairperson Megawati Soekarnoputri has volunteered to become a Friend of the Court or “Amicus Curiae” and conveyed her thoughts or opinions on the 2024 Presidential and Vice Presidential Election Results Dispute (PHPU) case. being handled by the Constitutional Court at this time.
“Related to the phenomenon of several parties trying to propose themselves as Amicus Curiae at the end of the trial when the Constitutional Court Panel of Judges had held a Judges’ Deliberation Meeting (RPH) to make the Constitutional Court’s decision, in my opinion, this is another form of true interventionism towards the Constitutional Court’s judicial institution, which is framed as in legal format or Amicus Curiae institutions,” said Fahri Bachmid in his statement received in Jakarta, Wednesday (17/4).
Fahri is of the opinion that in legal terminology and the practice of general judicial institutions, amicus curiae is a party who feels an interest in a case being examined and provides his legal opinion to the court. The involvement of interested parties or elements in a case is limited to providing opinions,
“And the practice of using the “amicus curiae” institution generically is usually used in countries that use a “common law” legal system and is not very commonly used in countries with a “civil law system” including Indonesia, but in essence the practice “as it is not prohibited if used in our national legal system,” he said.
Fahri explained that juridically, the concept of “amicus curiae” in Indonesia is the provision of Article 5 paragraph (1) of Law no. 48 of 2009 concerning Judicial Power, which states that Constitutional Judges and Justices are obliged to explore, follow and understand the legal values and sense of justice that exist in society. and practically in law, in fact the practice of “amicus curiae” is more likely to be practiced in judicial bodies below the Supreme Court,
“The vague institution of amicus curiae can actually be seen and practiced in law review trials at the Constitutional Court based on the provisions of the Constitutional Court’s procedural law, interested third parties can register and provide opinions in the judicial review process. This concept is actually slightly identical. with the practice of amicus curiae adopted by countries with a common law legal system,” he said.
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Fahri explained that Megawati carried out the disguised legal means of amicus curiae or other forms of actual intervention into the MK judicial institution in a very crucial phase. Where the Constitutional Court judges are carrying out the RPH (judges’ deliberation meeting) regarding the 2024 Presidential Election PHPU.
“So let the judges decide the a quo case objectively, by prioritizing the principle of impartiality ‘not supporting any of the sides involved in an argument’ because in principle the judge has been enriched with facts and evidence that have been clearly revealed in the trial, we hope “The Constitutional Court as far as possible avoids this contemporary phenomenon of amicus curiae,” concluded Fahri. (Z-8)
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