Jakarta, Legal Literacy - A total of 303 figures who are members of the Alliance of Academics and Civil Society have submitted themselves as friends of the court (amicus curiae) to the Constitutional Court in the case of disputes over the results of the presidential and vice-presidential elections. They expect the Constitutional Court to consider disqualifying the Prabowo Subianto-Gibran Rakabuming Raka pair without hesitation.
In this effort, Professor of Legal Anthropology at the University of Indonesia, Sulistyowati Irianto, and lecturer at the State University of Jakarta, Ubedilah Badrun, submitted the amicus curiae documents to the Constitutional Court on Thursday (28/3/2024). They represent 303 figures consisting of professors, academics, and members of civil society. The submitted document contains 17 pages and is addressed to the eight Constitutional Court judges who are handling two cases of disputes over the results of the presidential and vice-presidential elections.
Sulistyowati stated, "We sincerely hope that the Constitutional Court judges will not only ensure justice in the formal procedural aspect, but also in the substantive aspect. We want a holistic assessment of this case, considering the entire process, because the final result is highly dependent on that process."
Contents of the Amicus Curiae Document
In the received amicus curiae document, the figures provided three conclusions and recommendations to the eight Constitutional Court judges. First, they asserted that the General Elections Commission (KPU) misinterpreted Constitutional Court Decision Number 90/PUU-XXI/2023 which stipulated the vice-presidential candidate number 2, Gibran Rakabuming Raka. Second, the KPU's error in interpreting the decision caused the determination of Gibran in KPU Decree No. 1632/2023 to be null and void because Gibran did not meet the requirements extended by Constitutional Court Decision Number 90/PUU-XXI/2023. Finally, they asserted that the Constitutional Court should not hesitate to disqualify Gibran for not meeting the requirements as a vice-presidential candidate, in accordance with the Constitutional Court's precedent in previous decisions.
Ubedilah emphasized that amicus curiae is an important part of public participation, especially from scholars, professors, academics, and civil society. These conclusions and recommendations were made after in-depth discussions and considerations based on scientific knowledge.
Furthermore, the professors and academics felt it necessary to speak out because they have academic freedom and the responsibility to convey their views to the public. They hope that their amicus curiae can provide support for the Constitutional Court judges in deciding cases that have a significant impact on the fate of 280 million Indonesian people.
Ubedilah added, "We hope to encounter the truth of scientific knowledge and justice in the Constitutional Court, so that the Constitutional Court judges can listen to our views as friends of the court."
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