Record Number of Amicus Curiae Briefs in the 2024 Presidential Election Dispute at the Constitutional Court

Head of the Legal Affairs and Registrar Administration Bureau Fajar Laksono talking to the press, Thursday (4/18/2024). Photo by MKRI/Teguh.

JAKARTA (MKRI) — Since handling the Case of the Dispute over the 2024 Presidential and Vice Presidential Election Result Dispute (PHPU 2024) up to April 17, 2024, the Constitutional Court (MK) has received 23 applications for Amicus Curiae or Friend of the Court status. The surge of individuals eager to participate as Amicus Curiae has become a notable phenomenon in the 2024 Election Result Dispute. This marks the highest number of Amicus Curiae appearances in the history of the court's handling of election result disputes. This was reported by Fajar Laksono, Head of the Legal Affair and Registrar Administration Bureau of the Constitutional Court (MK), during an interview on Thursday April 18, 2024 at Constitutional Court.

“This demonstrates the public attention and widespread community interest in monitoring the cases being adjudicated by the Constitutional Court," mentioned Fajar.”

Fajar explained that Amicus Curiae are not parties to the litigation at the Constitutional Court, but are members of the community who show attention in the 2024 Presidential Election Result Dispute currently being handled by the Constitutional Court. Based on this consideration, he stated that the Constitutional Court does not prohibit Amicus Curiae from submitting their aspirations.

“However, based on the policy adopted by the Panel of Constitutional Justices, only the Amicus Curiae submissions accepted by the Constitutional Court by 16:00 WIB on April 16, 2024, will be discussed and considered in the deliberation and decision-making of the case," detailed Fajar, who is also the spokesperson for the Constitutional Court.

Fajar continued that the Panel of Justices has agreed that only the Amicus Curiae submissions received by the Constitutional Court by 16:00 WIB on April 16, 2024, will be considered. This is in alignment with the deadline for the submission of final arguments by the Petitioners, Respondents, Related Parties, and the Election Supervisory Body (Bawaslu) on the same date and time. Nevertheless, the Constitutional Court will still accept Amicus Curiae applications submitted after April 16, 2024.

When asked about the influence of Amicus Curiae on the decision, Fajar stated that it ultimately falls entirely within the authority of the constitutional justices.

"There are many possible positions for the Amicus Curiae. It's possible that their input could be fully considered in the decision-making process. Alternatively, some of their contributions might be considered during discussions, or perhaps none at all if deemed irrelevant. It really is entirely up to the constitutional justice," Fajar mentioned.

As of Wednesday afternoon April 17, 2024, the Constitutional Court has recorded receiving 23 Amicus Curiae submissions regarding the 2024 Presidential Election Result Dispute from various sectors of society, including academics, cultural figures, artists, advocates, and students, representing institutional, group, and individual perspectives.

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)  of  Law Faculty of UGM

  6. Pandji R Hadinoto

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

  8. Students organizations of UGM-UNPAD-UNDIP-AIRLANGGA

  9. Megawati Soekarnoputri & Hasto Kristiyanto

  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 (student of 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, and Munarman

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

IALA and Habieb Rizieq Serve as Amicus Curiae for Constitutional Court

The Court is hearing election results dispute cases No. 1/PHPU.PRES-XXII/2024 by Presidential Ticket 01 Anies Rasyid Baswedan-Muhaimin Iskandar and No. 2/PHPU.PRES-XXII/2024 by Presidential Ticket 03 Ganjar Pranowo-Mahfud MD. The Court will render its judgment on April 22.

Author : Mimi Kartika/L.A.P.
Editor : Lulu Anjarsari P.
Translator : Gabrielle Karinawati (FS/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.

Thursday, April 18, 2024 | 11:50 WIB 96