Indonesian lawyers in US send amicus curiae to court alleging election fraud

Source – April 17, 2024
Bhirawa Jayasidayatra (right) hands over amicus curiae to Constitutional Court – April 17, 2024 (Kompas)

Ihsanuddin, Jakarta – On Wednesday April 17 the Indonesian Lawyers Association in America (IALA) submitted an amicus curiae in relation to the 2024 presidential election (Pilpres) dispute hearings currently taking place at the Constitutional Court.

IALA representative Bhirawa Jayasidayatra said that the submission of the friends of the court document was done based on a study conducted by IALA on fraud in the 2024 elections.

"On this occasion today we have prepared an amicus curiae to the Constitutional Court on several matters", Jayasidayatra said when speaking at Constitutional Court building in Central Jakarta on Wednesday after handing over the amicus curiae.

He said that a number of things were conveyed, namely the concerns of the Diaspora abroad over the organisation of the elections that were not free, confidential, honest or fair. "Especially in the United States", he added.

In addition, the IALA noted allegations of fraud that was structured, systematic and massive in the holding of the elections overseas.

The events and facts on the ground, said Jayasidayatra, showed that fraud occurred which harmed Indonesian citizens abroad. There were a number of irregularities such as the ballots received already being marked for a certain presidential candidate ticket.

"This gave rise a very massive level of confusion yes, among our people abroad, such that it was able to damage the integrity of the election organisers", said Jayasidayatra.

The IALA's submission of an amicus curiae adds to the list of friends of the court documents that have been received by the Constitutional Court during the election dispute hearings.

An amicus curiae is a legal practice that makes it possible for a third party outside of the litigating parties to be involved in a trial. In Indonesian, an amicus curiae is better known as sahabat pengadilan or friend of the court.

The opinions in an amicus curiae can later be used to strengthen a legal analysis and as material for the judges.

Constitutional Court spokesperson Fajar Laksono has revealed that this is the first time that the court has received so many amicus curiae related to a dispute over a presidential election result.

"This is the first time, the 2004, 2009, 2014, 2019 Pilpres, only this time has there been amicus curiae, and even, before there weren’t any, this time there is even a lot", said Laksono on Tuesday April 16.

Fajar admitted that he is currently recapitulating the number of amicus curiae that have come into the Constitutional Court up until today, but he estimates that there are more than 10.

[Translated by James Balowski. The original title of the article was "Asosiasi Pengacara Indonesia di AS Serahkan "Amicus Curiae" Sengketa Pilpres ke MK".]