The Position and Role of Amicus Curiae in Protecting Women in the Criminal Justice System in Indonesia

Abstract

The submission of an amicus curiae can be considered an informal acknowledgement, as there is no legal basis that clearly recognizes the use of amicus curiae. When carrying out their considerations, judges exercise their authority by providing considerations that are implemented wisely. Judges are assumed to always know everything about the law, when the judge does not know, the judge's duty is to find out first. The importance of amicus curiae is limited to providing an opinion or legal opinion. Amicus curiae is not mentioned in the evidence available in the Criminal Procedure Code. Because the power of proof lies in Article 183 of the Criminal Procedure Code. Amicus curiae is also necessary in the process of law enforcement, especially in protecting the rights of women in conflict with the law. This writing uses a sociological or empirical legal research type. Based on the study conducted, it can be seen that the role and position of amicus curiae legally in criminal justice regulations in Indonesia regarding the protection of women in conflict with the law do not yet have legal certainty. The role of amicus curiae is very important in supporting the relevance of the world of justice as a place to realize justice for people who are in litigation amidst the social dynamics of society which continue to develop in a complex manner, however, this has not been balanced with clear regulations regarding the position and role of amicus curiae, such a situation clearly results in legal uncertainty for the position and role of amicus curiae in the national criminal procedural law system.