IALA and Habieb Rizieq Serve as Amicus Curiae for Constitutional Court

IALA and Habieb Rizieq Serve as Amicus Curiae in Constitutional Court's In the Presidential and Vice Presidential Election Results Dispute (PHPU) case in 2024, many have applied to be Amicus Curiae or called Friends of the Court at the Constitutional Court (MK), including the Indonesian American Lawyers Association (IALA),  which was directly accepted by the Head Coordinator of the Public Relations Working Unit for PHPU 2024, Immanuel Hutasoit, at Second Building  of the Constitutional Court in Jakarta. 

JAKARTA, MKRI - Indonesian American Lawyers Association (IALA) has served to become Amicus Curiae or Friends of the Court, at the Constitutional Court (MK). The Amicus Curiae enrollment is related to the 2024 Presidential and Vice Presidential Election Results Dispute (PHPU) case under review by the constitutional justices. 

Furthermore, IALA submitted a legal opinion regarding the dispute over the presidential and vice presidential election results (Pilpres) at the Constitutional Court (MK). IALA's attorney and representative in Jakarta, Bhirawa Jayasidayatra Arifi, stated that this action was taken to supervise and support the conduct of the 2024 General Election (Pemilu), which upholds the principles of Direct, General, Free, Secret, Honest, and Fair (Luber dan Jurdil).

As an association with members consisting of attorneys, legal practitioners, and legal experts of the Indonesian diaspora across the United States, previously, they also issued an open letter to the General Election Commission of the Republic of Indonesia (KPU RI). According to Bhirawa, this action is one of the tangible evidence of IALA's commitment to realizing the representation of Indonesian civil society abroad in overseeing domestic elections under the norms, ethics, and provisions of applicable laws and regulations.

“One of the backgrounds for the preparation and submission of our Amicus Curiae is the result of a study on several events that are considered to potentially degrade the legitimacy of the work results of the Indonesia Constitutional Court as an institution which is one of the main products of the reform era, where previously in the New Order era, democratic principles were only carried out as formalities and the government essentially constituted an authoritarian 'democratic' regime," said Bhirawa in a press statement on Wednesday (4/17/2024).

“Over the years, the Constitutional Court has been regarded as a leading institution both in Indonesia and internationally, capable of reinstating democratic principles within Indonesian society. Therefore, the perception of a regression in democratic principles due to the weakening of the Constitutional Court is an issue that must be addressed promptly before it's too late.”, he added.

According to Bhirawa, during the election process, IALA conducted a comparative study to observe the 2024 election process from the perspective of comparing conflict of laws procedures, particularly in the context of the laws and regulations concerning the jurisdiction and authority of various election organizing bodies and apparatuses in Indonesia, including the Constitutional Court of Indonesia, in the context of deciding the requirements for presidential and vice-presidential candidates.

Here is the list of 23 amicus curiae briefs submitted to the Court as per Wednesday, April 17:

  1. Brawijaya (Barisan Kebenaran Untuk Demokrasi)

  2. Tim Pembela Demokrasi Indonesia (TPDI)

  3. TOP GUN

  4. Aliansi Akademisi dan Masyarakat Sipil

  5. Pusat Kajian Hukum dan Keadilan Sosial (Center For Law and Social) FH UGM

  6. Pandji R Hadinoto

  7. Busyro Muqoddas, Saut Situmorang, Feri Amsari, Usman Hamid, Abraham Samad, dll.

  8. Organisasi Mahasiswa UGM-UNPAD-UNDIP-AIRLANGGA

  9. Megawati Soekarnoputri 

  10. Forum Advokat Muda Indonesia (FAMI)

  11. Yayasan Advokasi Hak Konstitusional Indonesia (YAKIN)

  12. Aliansi Penegak Demokrasi Indonesia (APDI)

  13. Amicus Stefanus Hendriyanto

  14. Komunitas Cinta Pemilu Jujur dan Adil (KCP-JURDIL)


  16. Reza Indragiri Amriel

  17. Gerakan Rakyat Penyelamat Indonesia dengan Perubahan

  18. Burhan Saidi Chaniago (Mahasiswa STIH GPL Jakarta)

  19. Tim Advokasi Peduli Hukum Indonesia

  20. M. Subhan

  21. Gerakan Rakyat Menggugat (GRAM)

  22. Tuan Guru Deri Sulthanul Qulub

  23. Habib Rizieq Shihab, Din Syamsudin, Ahmad Shabri Lubis, Yusuf Martak, dan Munarman.

The Constitutional Court is currently examining two cases related to the 2024 presidential election results dispute. These cases were filed by Presidential Ticket 01 Anies Rasyid Baswedan-Muhaimin Iskandar with Case Number 1/PHPU.PRES-XXII/2024 and Presidential Ticket 03 Ganjar Pranowo-Mahfud MD with Case Number 2/PHPU.PRES-XXII/2024. The Constitutional Court has scheduled the two cases to be decided on April 22.(*)

Also read:

Megawati Soekarnoputri to Be Amicus Curiae

Civil Society Coalition Demands President Jokowi and Officials Summonsed

Alliance of Academics and Civil Society Become Amicus Curiae for Constitutional Court

Author : Utami Argawati, Sri Pujianti, Mimi Kartika
Editor : Lulu Anjarsari P.

Translator : Muhammad Ariva, Jessica Rivena Meilania (YW/RA)

Disclaimer: The original version of the news is in Indonesian. In case of any differences between the English and the Indonesian versions, the Indonesian version will prevail.

Wednesday, April 17, 2024 | 20:11 WIB 182