The urgency of establishing a legal basis for amicus curiae in the administrative court system

Abstract

Background: In the current developments and evidentiary mechanisms, one of the interesting things is the application of amicus curiae (friend of the judiciary). The application of amicus curiae has actually been widely used in Indonesia, especially in cases of administrative disputes. Even though it is widely used, there are no regulations regarding amicus curiae that specifically regulate its use, such as the time period for filing it or who can submit an amicus curiae. This article aims to explain the urgency of establishing a legal basis related to the application of amicus curiae in the State Administrative Court system. Methods: Writing this article uses normative legal research methods with a statutory approach and a comparative approach. The target comparison countries are America and France. Findings: From the research results, it was found that the application of amicus curiae has been widely used by judges in deciding disputes in the field of state administration, but to date there is no legal basis that specifically regulates amicus curiae, thus creating a legal vacuum in terms of the criteria for people who can file amicus curiae. , the standard format or form of amicus curiae, as well as the time period for submitting amicus curiae. Conclusion: This study emphasizes the necessity of establishing a legal framework to govern the use of amicus curiae in the State Administrative Court system. Clear regulations outlining eligibility, submission timelines, and formats are crucial to ensuring transparency and enhancing the judicial process in administrative disputes. It is recommended that the government draw upon the practices of other nations, such as the United States and France, to develop a comprehensive legal framework for amicus curiae in Indonesia. Novelty/Originality: By comparing the practices in the United States and France, this article offers practical insights and recommendations for enhancing the role of amicus curiae in enriching judicial decisions, a topic that has not been thoroughly addressed in the Indonesian legal context.