Proceedings of the 4th International Conference on Law, Social Sciences, Economics, and Education, ICLSSEE 2024, 25 May 2024, Jakarta, Indonesia

Research Article

Amicus Curiae in The Judicial System in Indonesia A Case Study of The Dispute of Domain Decision of The Constitutional Court Number 1/PHPU.PRES-XXII/2024: The Results of The General Election of The President and Vice President in 2024

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  • @INPROCEEDINGS{10.4108/eai.25-5-2024.2349351,
        author={Abidin  Fikri and Megawati  Barthos},
        title={Amicus Curiae in The Judicial System in Indonesia A Case Study of The Dispute of Domain Decision of The Constitutional Court Number 1/PHPU.PRES-XXII/2024: The Results of The General Election of The President and Vice President in 2024},
        proceedings={Proceedings of the 4th International Conference on Law, Social Sciences, Economics, and Education, ICLSSEE 2024, 25 May 2024, Jakarta, Indonesia},
        publisher={EAI},
        proceedings_a={ICLSSEE},
        year={2024},
        month={8},
        keywords={amicus curiae judicial system in indonesia dispute case on the results of the 2024 presidential and vice-presidential election constitutional court decision number 1/phpupres-xxii/2024},
        doi={10.4108/eai.25-5-2024.2349351}
    }
    
  • Abidin Fikri
    Megawati Barthos
    Year: 2024
    Amicus Curiae in The Judicial System in Indonesia A Case Study of The Dispute of Domain Decision of The Constitutional Court Number 1/PHPU.PRES-XXII/2024: The Results of The General Election of The President and Vice President in 2024
    ICLSSEE
    EAI
    DOI: 10.4108/eai.25-5-2024.2349351
Abidin Fikri1,*, Megawati Barthos1
  • 1: Universitas Borobudur
*Contact email: abidinfikri001@gmail.com

Abstract

The judicial process plays a crucial role in resolving political disputes, especially concerning general election results. Disputes over the 2024 presidential election in Indonesia highlight the importance of Amicus Curiae, independent parties providing expertise in the judicial process. This article examines the urgency, legal basis, and practical implications of Amicus Curiae's involvement in election disputes, offering suggestions to enhance their role in upholding law and democracy in Indonesia. Strengthening Amicus Curiae's role aims to make the judicial process more transparent, objective, and accountable, reinforcing a just democracy. This normative research employed legal and conceptual methodologies, using secondary data analyzed descriptively and qualitatively. Conclusions were drawn deductively, focusing on Amicus Curiae's impact in the 2024 election dispute (Constitutional Court Decision Number 1/PHPU. PRES-XXII/2024). The research found that Amicus Curiae's presence is vital for a fair, objective, and transparent judicial process. By offering independent views and expertise, Amicus Curiae enhances discussions at the Constitutional Court, ensuring well-considered decisions. National and constitutional regulations support Amicus Curiae participation, emphasizing transparency, openness, and equal access to justice.