Urgensi Pengaturan Amicus Curiae Dalam Sistem Peradilan Pidana Di Indonesia ( Studi Perbandingan Dengan Amerika Serikat

Yeremia, Dennis (2024) Urgensi Pengaturan Amicus Curiae Dalam Sistem Peradilan Pidana Di Indonesia ( Studi Perbandingan Dengan Amerika Serikat. Undergraduate thesis, UPN Veteran Jawa Timur.

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Abstract

Amicus curiae originates from Ancient Roman Law during the reign of the Ancient Roman Empire. Amicus Curiae, or more commonly known as a friend of the court, is an opinion or perspective on a particular case due to having a strong interest in the subject matter of the case This The concept of amicus curiae began to be used in Indonesia through the Indonesian Constitutional Court. Since the establishment of the Indonesian Constitutional Court in 2003 as an independent constitutional judiciary, the role of the Indonesian Constitutional Court has been very important in interpreting laws against the constitution of the state of Indonesia and resolving existing constitutional disputes. This study aims to find out about the use of amicus curiae in Indonesia, but the use of amicus curiae within the criminal justice system does not yet have specific regulations. This research shows how the use of amicus curiae in Indonesia differs from that in the United States, where the United States has specific regulations regarding amicus curiae in their national laws. In the methodology stage, this study involves the analysis of legal concepts, case studies, and legislation. Data analysis was carried out by examining laws in relation to existing cases both in Indonesia and the United States. The urgency of this research is the specific regulation regarding amicus curiae for Indonesia compared to the United States. The results of the research show that the use of amicus curiae has already occurred frequently in criminal cases in Indonesia. The application of the amicus curiae concept in criminal trials in Indonesia is not yet regulated. The status of amicus curiae in the Indonesian legal system remains unclear. In criminal trials in Indonesia, the application of the amicus curiae concept is sometimes considered by judges, while at other times, it is not considered at all. Keywords : Amicus curiae ; Comparison

Item Type:

Thesis (Undergraduate)

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