The Role Of Amicus Curiae In The Criminal Case Evidence System In Indonesia

Abstract

This study examines the role of amicus curiae in Indonesia’s criminal evidence system and explores the opportunities for its internalization within criminal procedural law. The absence of explicit regulation in the Indonesian Criminal Procedure Code (KUHAP) has created a legal vacuum, although public participation through amicus curiae has the potential to enrich judicial reasoning. This research employs a normative legal method with statutory, conceptual, comparative, and case approaches, utilizing primary, secondary, and tertiary legal materials collected through library research. The findings indicate that amicus curiae plays a significant participatory role in strengthening judicial objectivity, yet it has not gained formal legitimacy within positive law. Article 180 of the KUHAP provides only interpretative space for judges, unlike Poland, which explicitly regulates amicus curiae under Articles 90–91 of the Kodeks Postępowania Karnego. Therefore, a strategic step is needed to internalize the amicus curiae principle into the Draft Criminal Procedure Code (RUU KUHAP) by affirming judicial authority, developing a conceptual foundation within its academic manuscript, and establishing technical guidelines through a Supreme Court Regulation (PERMA). The government and the Supreme Court should also promote training for law enforcement officials to understand amicus curiae as an epistemic instrument of evidence. By adopting Poland’s practice, Indonesia can build a more transparent, accountable, and just criminal justice system aligned with the principle of due process of law.