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This Android application is an explanation of being a friend of justice. A guide to preparing an amicus brief by Siti Aminah. In Pdf format.

Our legal system does not recognize Amicus Curiae or Amici Curiae or often called friends of the court in English, although several civil society organizations have tried to use amicus curiae in several cases that attract public attention, such as cases of rights violations. human rights (HAM). Several countries have recognized and accommodated amici curiae in their legal systems, such as Argentina and Honduras which recognize and accommodate amici curiae in their civil procedural laws.

There is no standard definition of Amici Curiae, but what is found on Wikipedia might provide an idea of ​​the scope of Amici Curiae, namely someone who is not a party to the case, who offers information that bears on the case but who has not been solicited by anyone of the parties to assist a court. Amici Curiae refers to a person/institution who is not a party/requested by the parties in a court case, who provides information about the law and the case being heard independently with the aim of assisting the court.

The function of Amici Curiae is not just to assist the court, but also to advance the development of the law itself, as Salmon LJ argued in the case of Allen v Sir Alfred McAlpine & Sons Ltd [1968] 2 QB 229 at p. 266 F-G at the Supreme Court of the United States (US): I had always understood that the role of an amicus curiae was to help the court by expounding the law impartially, or if one of the parties were unrepresented, by advancing the legal arguments on his behalf .

Furthermore, this Amici curiae is to provide an overview of the law and the case, especially its impact on parties other than the parties who are not involved in the case in court, and also to assess the law and the case independently. In fact, the tradition of amici curiae originates from the continental European legal system (civil law) during the Roman law era according to some jurists, but it is more recently the Anglo Saxon legal system (common law) that has accommodated many amici curiae.

At the domestic level, there is a need to accommodate and recognize the existence of amici curiae. It must be admitted that amici curiae has not been accommodated in our legal system, especially cases related to public interests such as human rights violations and corruption. Perhaps, in the future our law or court precedent will need to recognize and accommodate amici curiae which aims to help the court explain the substance of the law and the cases that are being heard independently.


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