Islamic Law Perspective on the Application of Amicus Curiae in Criminal Courts in Indonesia as A Dialectic of Justice

Abstract

The application of Amicus Curiae in criminal courts in Indonesia increasingly demonstrates its role as a form of public participation in the law enforcement process, even though it is not explicitly regulated in criminal procedure law. This condition encourages the need for a study from an Islamic law perspective that places justice as the main principle in case resolution. This study aims to analyze Islamic law's view of the application of Amicus Curiae in criminal trials in Indonesia and to examine its existence in the examination of criminal cases in court. The research method used is a qualitative approach with a normative juridical research type through a literature study of relevant legal materials, which are analyzed descriptively and analytically. The results of the study show that from an Islamic law perspective, Amicus Curiae is urgent because it can assist judges in realizing substantive justice through more objective and welfare-oriented considerations. The novelty of this study lies in linking the concept of Amicus Curiae with the principle of justice in Islamic law. This study is expected to contribute theoretically and practically to the development of the criminal justice system in Indonesia.