ESTD PERPUSTAKAAN UNTAD
ESTD PERPUSTAKAAN UNTAD
| JudulIMPLIKASI HUKUM PENGGUNAAN PRINSIP AMICUS CURIAE DALAM SISTEM HUKUM PIDANA DAN IMPLIKASINYA TERHADAP PERLINDUNGAN HAM |
| Nama: JUWIPA HARIYANTI |
| Tahun: 2025 |
| Abstrak The problems in this research are: 1) What are the legal implications of using the amicus curiae principle in the Indonesian criminal justice process? 2) What are the implications of amicus curiae for the protection of human rights? The objectives of this research are: To explore and analyze the legal implications of using the amicus curiae principle in the Indonesian criminal justice process. To explore and analyze the implications of amicus curiae for the protection of human rights. This type of legal research is considered normative legal research. The author's conclusion is: The amicus curiae principle has not been explicitly regulated in Indonesian criminal procedure law, particularly in the Criminal Procedure Code (KUHAP). However, its existence is indirectly recognized through Article 5 paragraph (1) of Law No. Law No. 48 of 2009 concerning Judicial Power empowers judges to explore legal values and a sense of justice prevalent in society. Amicus curiae are not considered valid evidence under the Criminal Procedure Code (KUHAP). This results in opinions expressed by amicus curiae not having the same evidentiary force as other formal evidence. The legal implications of the absence of explicit provisions for amicus curiae in the KUHAP give rise to several legal implications, including the non-recognition of amicus curiae as formal evidence, the weak legal standing of amicus curiae, and their use relying solely on the judge's discretion. The primary implication of amicus curiae for human rights protection is that they provide an additional perspective to the court. Amicus curiae have positive implications for human rights protection. They help ensure that human rights issues are seriously considered in the judicial process and contribute to the creation of better justice. |