Amicus Curiae Briefs Keep Coming

Islamic brotherhood of Madura East Java religious and community figures saying a prayer after submitting their amicus curiae brief, Friday (4/19/2024). Photo by MKRI/Teguh.

JAKARTA (MKRI) — Individual and groups of members of society are still coming to the Constitutional Court (MK) to volunteer as amici curiae or friends of the Court until Friday, April 19, 2024. The amicus curiae briefs or statements concern the 2024 presidential election results disputes.

Djafar Shodiq Zaini submitted an amicus curiae statement on behalf of Madura East Java religious and community figures. The statement was their effort to contribute to saving the nation and state’s future from the deterioration of democracy and disintegration.

Irma Apriliana and Farah Aulia submitted an amicus curiae statement on behalf of voters at TPS (polling station) 073 of Pondok Cabe Village of South Tangerang City, Banten Province. They asserted their standing and opinion as citizens and voters in the 2024 presidential election regarding the presidential election dispute cases.

“We came to the Constitutional Court for the [presidential election dispute] cases submitted to the Court. Hopefully [this effort] can urge the Court to making decisions without intervention, but purely based on evidence. And [hopefully] the Court not merely be a court of numbers,” Irma said to the head of the public relations division of the 2024 election results dispute taskforce Immanuel Hutasoit in the Court’s second building.

Perkumpulan Pemuda Madani also filed their legal opinion on the limits of the Court’s authority in handling the 2024 presidential election results disputes. They submitted the amicus curiae brief based on Article 5 paragraph (1) of Law No. 48 of 2009 on Judicial Power, which reads, “Judges and constitutional justices are obliged to explore, follow, and understand legal values and a sense of justice within society.”

On this day, the Court also received amicus curiae briefs from Elemen Bangsa Berbasis Masjid, Barikade 98, Association of Alumni of Mercu Buana University, Aliansi Masyarakat Peduli Hukum dan Demokrasi, Ezrinal Azis, Henrykus Sihaloho, Konfederasi Ketum Seluruh Indonesia, Konfederasi Pejuang Bela Negara (KPBN), and Luckfi Nurcholis. The Court also received a statement from the Islamic Brotherhood Front, GNPF Ulema, and PA 212 through Son Haji Said. They showed full support of the reveal of the quality of the 2024 election through election dispute cases, which hopefully has been in line with the constitutional mandate.

“We came here [to show] concern for the nation and state. We would only like to seek truth and justice. The Madura community and all Muslims in Indonesia fully support the constitutional justices. Their decisions will direct the fate of the nation,” Said emphasized.

Amicus curiae means friend of the court. They are any parties who pay special attention to any case being handled in court. Their involvement is limited to providing opinion on the case.

Head of the Legal Affairs and Registrar Administration Bureau Fajar Laksono emphasized that the constitutional justices have their full authority and discretion to follow up on the amicus curiae briefs, whether or not to consider them in deciding cases. This channel is the public’s opportunity to voice their aspirations on any cases being adjudicated in the Constitutional Court, especially the presidential election results disputes.

“There are many possibilities for these amicus curiae briefs. They could be considered in decision-making, or partially discussed, or even not considered at all due to irrelevance. This is the constitutional justices’ discretion,” Fajar explained.

He added that the constitutional justices are considering those that the Court received by April 16 at 16:00 WIB, which is the deadline for the submission of concluding statements for the petitioners, respondent, relevant party, and the Elections Supervisory Body (Bawaslu). However, it cannot reject those submitted past the deadline.

As of Friday, the Court has received 48 amicus curiae briefs regarding the 2024 presidential election results disputes submitted directly to the Court staff, through email, or by postal service. Here is the list:

  1. Brawijaya (Barisan Kebenaran untuk Demokrasi)
  2. Tim Pembela Demokrasi Indonesia (TPDI)
  3. TOP GUN
  4. Alliance of Academics and Civil Society
  5. Center for Law and Social Justice of the Law Faculty of Gadjah Mada University (UGM)
  6. Pandji R. Hadinoto
  7. Busyro Muqoddas, Saut Situmorang, Feri Amsari, Usman Hamid, Abraham Samad, and others
  8. Students organizations of Gadjah Mada University (UGM), Padjajaran University (Unpad), Diponegoro (Undip), and Airlangga University
  9. Megawati Soekarnoputri, Hasto Kristiyanto
  10. Indonesian Young Advocates Forum (FAMI)
  11. Indonesian Constitutional Rights Advocates Foundation (Yakin)
  12. Alliance of Enforcers of Indonesian Democracy (APDI)
  13. Stefanus Hendriyanto
  14. Komunitas Cinta Pemilu Jujur dan Adil (KCP-JURDIL)
  15. Indonesian American Lawyers Association (IALA)
  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
  24. Gen. (retired) Tyasno Sudarto, Lt. Gen. (retired) Soeharto, Dindin S. Maolani, Rizal Fadillah, Dr. Marwan Batubara, Maj. Gen. (retired) Soenarko, M. Mursalin, Syafril Sjofyan M.M.
  25. Impian Indonesia
  26. Religious and community figures Pastor Victor Rembeth, Habib Muchsin Al Athas, Muhammad A.S. Hikam, Yanuar Nugroho, A. Shephard Supit
  27. Arief Poyuono (chairman of the Federation of BUMN Workers Unions, chairman of patrons of the Palm Oil Plasma Farmers Association) and Arifin Nur Cahyono (chairman of the Indonesian Anti-Corruption Committee, secretary-general of the Palm Oil Plasma Farmers Association)
  28. Students senate of Driyarkara Philosophy College
  29. A forum of retired military and police officials
  30. J.B. Soebtoro
  31. Henry Sitanggang & Partners
  32. Sutarno and Wisran
  33. Activists of the 1998 Reformation
  34. Secretary-General of the Small and Medium-Scale Business Communication Forum of Indonesia (FK PKMI)
  35. Cross-provincial Coalition of Actions to Save Indonesia (KAMI)
  36. Islamic and community figures of Madura East Java
  37. Elemen Bangsa Berbasis Masjid
  38. 98 Barricade
  39. Solidarity group of voters of TPS 073 of Pondok Cabe Village
  40. Alumni Association of Mercu Buana University
  41. Aliansi Masyarakat Peduli Hukum dan Demokrasi
  42. Ir. Ezrinal Azis M.Sc.
  43. Dr. Henrykus Sihaloho
  44. Perhimpunan Pemuda Madani
  45. Konfederasi Ketum Seluruh Indonesia
  46. Konfederasi Pejuang Bela Negara (KPBN)
  47. Luckfi Nurcholis
  48. Bambang Prasanto

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 has finished examining both cases. The Court will render its judgment on April 22.

Author       : Sri Pujianti/Utami Argawati/Mimi Kartika
Editor        : Lulu Anjarsari P.
Translator  : Yuniar Widiastuti (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.

Friday, April 19, 2024 | 18:55 WIB 104