Amicus Curiae in Passing
BRIEFING PAPER NO. 22010
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Then in the 17th and 18th centuries, broad participation in amicus curiae
was noted in the All England Report. From this report we learn of several descriptions connected
with amicus curiae: a. The irst function of amicus curiae is to clarify factual
issues, explain legal issues and represent certain groups;
b. amicus curiae , in connection with facts and legal
issues, does not have to be done by a lawyer; c. amicus curiae
is not related to the plaintif or the defendant; however, they have an interest in a speciic
case; d. permission [is needed] to participate as amicus curiae
11. In the United States of America, before the Green v. Biddle case at the start of the 19th century, the court
did not allow the participation of amicus curiae for a long time during court proceedings. However, since the start
of the 20th century, amicus curiae has played an important role in landmark cases in the history of law in the United
States, such as, in civil rights and abortion cases. In fact, in a study done in 1998, amicus curiae
, was used in more than 90 of the cases handled by the Supreme Court.
12. The latest development in the practice of amicus curiae is the application of amicus curiae in resolving international
disputes, used by both state institutions and international organizations.
13. In Indonesia, though, amicus curiae is not yet well-known
or used, either by academicians or practitioners. Up to the
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AMICUS CURIAE
present day, only two amicus curiae have been submited in an Indonesian Court - amicus curiae that was submited
by activist groups for press freedom who proposed amicus curiae
to the Supreme Court connected with the review of the case of Time magazine versus Soeharto,
and amicus curiae in the case of “Upi Asmaradana” in the District Court of Makasar, wherein amicus curiae was
presented as additional information to the judge who investigated the case.
14. Amicus curiae is not yet known in the legal system of
Indonesia.Nevertheless, Article 28 section 1 Law No.4 Year 2004 on Judicial Powers states: The judge is obliged to
dig into, follow, and understand legal values and the sense of justice that is alive among the people
” This can be held on to as the legal basis for iling for amicus curiae. Therefore
it is not excessive to use this mechanism as a strategy in clarifying legal and constitutional principles, particularly
in cases that involve controversial laws or articles.