KEDUDUKAN AMICUS CURIAE DALAM PUTUSAN HAKIM MENURUT SISTEM PERADILAN PIDANA INDONESIA (PUTUSAN PN JAKARTA SELATAN 798/PID.B/2022/PN JKT.SEL)

In this thesis, the author examines the role of amicus curiae as a consideration for judges in criminal case decisions in Indonesia. This theme was chosen due to the application of the amicus curiae concept as a consideration for judges in criminal court practice in Indonesia, even though conceptually its implementation is more common in common law countries. In Indonesia, there is still a lack of clear regulation regarding the mechanism for implementing the amicus curiae concept. This research addresses two urgent issues: the role of amicus curiae in the Indonesian judicial system and judicial considerations in decisions, focusing on the case of PN Jakarta Selatan 798/PID.B/2022/PN JKT.SEL. The study employs a normative juridical research method, collecting data from e-books, national and international e-journals, and credible articles related to the issue under investigation. The findings indicate that although the opinions of amicus curiae cannot serve as a legal basis, their presence provides additional perspectives that enrich legal discussions and assist judges in understanding complex issues. The analysis shows that the role of amicus curiae contributes to the enhancement of legal considerations' quality, despite procedural limitations. This research recommends increasing the recognition and acceptance of the role of amicus curiae in Indonesia's criminal justice system and reviewing the regulations that restrict their opinions from being used as evidence. This is expected to improve procedural justice and the quality of judicial decisions.