Juridical Review Of The Position Of Justice Collaborator And Amicus Curiae In Judge’s Decision Number: 798/Pid.B/2022/Pn.Jkt.Sel
- DOI
- 10.2991/978-2-38476-362-7_23How to use a DOI?
- Keywords
- justice collaborator; amicus curiae; premeditated murder
- Abstract
Decision No. 798/Pid. B/2022/PN. Jkt.Sel is one of the decisions in Indonesia that is interesting to analyze. The decision is questionable, because it will bring good precedents or bad precedents in law enforcement in Indonesia in the future. The decision fulfills the three objectives of law enforcement, namely legal certainty, legal benefit, and a sense of justice in Indonesia. The verdict states that Bharada E has been proven legally and convincingly to have participated in premeditated murder. In the prosecutor’s indictment, Bharada E was charged with 12 years in prison, but the judge decided with a much lighter verdict of 1.5 years. The consideration of the judge was that the defendant was a justice collaborator who dared to reveal a major case involving the police institution so that the case became clear and revealed. In addition, the submission of amicus curaie in the verdict was also a consideration that alleviated the defendant because many supported the judge to impose a lighter sentence on Bharada E. This research uses normative research methods with the aim of knowing the position of the defendant as a justice collaborator and the influence of amicus curae in relation to the independence of judges in Decision No.789/Pid B/2022/PN.Jkt. Sel. The results showed that the position of the defendant as a Justice Collaborator could be a bad precedent, but on the other hand it was very necessary to reveal a case that was considered quite large because it involved the POLRI institution. While the position of Amicus Curiae has not been clearly regulated in Indonesian legislation, as long as the independence of judges is maintained from outside parties, in this case Amicus Curaie may be used as a judge’s consideration. This study suggests the need for judges’ consideration in accepting justice collaborators by considering the facts of the trial and the need for confirmation of the rules related to amicus curiae in Indonesia.
- Copyright
- © 2025 The Author(s)
- Open Access
- Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.
Cite this article
TY - CONF AU - Ratri Novita Jessica Widya Erdianti Larossa AU - Wasis Suprayitno PY - 2025 DA - 2025/02/28 TI - Juridical Review Of The Position Of Justice Collaborator And Amicus Curiae In Judge’s Decision Number: 798/Pid.B/2022/Pn.Jkt.Sel BT - Proceedings of the International Conference on Law Reform (5th Inclar 2024) PB - Atlantis Press SP - 153 EP - 160 SN - 2352-5398 UR - https://doi.org/10.2991/978-2-38476-362-7_23 DO - 10.2991/978-2-38476-362-7_23 ID - Larossa2025 ER -