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All Journal Pendas : Jurnah Ilmiah Pendidikan Dasar Awang Long Law Review Widya Aksara: Jurnal Agmaa Hindu Jawa Dwipa Reformasi Hukum Trisakti Jurnal Penjaminan Mutu JURNAL RUANG HUKUM Equivalent : Journal of Economic, Accounting and Management Amicus Curiae PENG: Jurnal Ekonomi dan Manajemen Jurnal Ekonomi Manajemen Dan Bisnis (JEMB) Jurnal Citra Pendidikan JPKM Cahaya Negeriku
Setyaningsih
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Religion Humanities Computer Science & IT Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Mathematics Social Sciences Other

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Journal : Amicus Curiae

 1 
PEMBATALAN PERKAWINAN KARENA KAWIN PAKSA MENURUT HUKUM KELUARGA ISLAM DI INDONESIA : Marriage Cancellation Due To Forced Marriage According To Islamic Family Law In Indonesia Husen, Nur Afni; Setyaningsih
AMICUS CURIAE Vol. 1 No. 1 (2024): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v1i1.19642

Abstract

The Tangerang Religious Court has decided to cancel marriage due to forced marriage with Number 2801/Pdt.G/2018/PA.Tng where the husband requests to cancel the marriage because the marriage was carried out by force. The 2 (two) main issues raised are whether forced marriages can be used as a reason for annulment of marriages based on Islamic family law in Indonesia and whether the decision of the Tangerang Religious Court is in accordance with Islamic family law in Indonesia or not. The research was conducted normatively with the nature of descriptive-analytical research and drawing conclusions using deductive logic methods. Forced marriage causes disputes in the household, so it can be a reason for filing an annulment of marriage. Tangerang Religious Court Decision No. 2801/Pdt.G.2018/PA.Tng states that the marriage annulment is granted so that, in this case, the marriage annulment has fulfilled the reasons according to the provisions of Article 71 letter (f) Compilation of Islamic Law which was caused by coercion. Thus, the decision is appropriate based on a review of Islamic family law in Indonesia.
ANALISIS YURIDIS TERHADAP PENCATATAN PERKAWINAN BEDA AGAMA DITINJAU DARI HUKUM PERKAWINAN DI INDONESIA (STUDI PUTUSAN PENGADILAN NEGERI SURABAYA ANTARA RIZAL ADIKARA DAN EKA DEBORA SIDAURUK): Juridical Analysis of Interreligious Marriage Registration in View from Marriage Law in Indonesia (Study of Surabaya District Court Decisions Between Rizal Adikara and Eka Debora Sidauruk Ashidiqi, Muhammad Hafidz; Setyaningsih
AMICUS CURIAE Vol. 1 No. 2 (2024): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v1i2.19817

Abstract

Interfaith marriage is controversial in society due to the absence of regulation according to the Marriage Law.  Based on Article 2 paragraph (1) of Law No. 1 of 1974, however, in fact, there are still many interfaith marriages in society, one of which is in the decision of the Surabaya District Court.  With the study of the decision no 916/Pdt.p/2022/PN.Sby.  The 2 main issues are whether the determination of interfaith marriages can be registered according to the marriage law in force in Indonesia and whether in court decision No. 916/Pdt.P/2022/PN.Sby.Hakim who has decided to grant permission for interfaith marriages is in accordance with the rules of marriage law in Indonesia.  The research method used is a normative juridical type, with the nature of the research being descriptive and concluding using deductive logic.  Registration of marriages for interfaith marriages cannot be recorded, and the judge's decision is not by the provisions of
PELANGGARAN PRINSIP KEHATI-HATIAN DALAM HILANGNYA DANA NASABAH BANK SULSELBAR: Violation of the Prudential Principle in the Loss of Bank Sulselbar Customer Funds Al Rabbani, Muhammad Irfan; Setyaningsih
AMICUS CURIAE Vol. 2 No. 1 (2025): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/yxjms326

Abstract

Violations of the precautionary principle in the case of lost customer funds at Bank Sulselbar. Banks are responsible for maintaining liquidity and public trust by implementing the precautionary principle. However, the phishing case in Bank Sulselbar's mobile banking service shows that the bank did not apply the precautionary principle by not blocking hacked customer accounts. As a result, the customer lost Rp. 131.485.906 while the bank only offered compensation of Rp. Rp.45.479.406. This research found that Bank Sulselbar violated Article 29 paragraph (2) of Law No. 10/1998 concerning Banking and Article 20A Paragraph (1) of Law No. 4/2023 concerning Development and Strengthening of the Financial Sector. That the method used in this research is to use normative research methods carried out on legal principles related to the subject of the research, in this case the violation of the precautionary principle in the loss of funds from Bank Sulselbar customers. The conclusion is that negligence in implementing the precautionary principle causes significant losses for customers and damages public trust in banks. That banks must increase security and maintain public trust by tightening operational procedures and improving risk management systems to prevent similar incidents in the future.
PENGALIHAN INVESTASI TABUNGAN DEPOSITO MENJADI PRODUK ASURANSI YANG DIKAITKAN DENGAN INVESTASI (PAYDI): The (Conversion/Transformation) of Deposit Savings Investment into Investment-Linked Insurance Products (PAYDI) Dafi, Alleina Syarifa; Setyaningsih
AMICUS CURIAE Vol. 2 No. 1 (2025): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/337a1v98

Abstract

The banking industry plays a crucial role in the economy.Banks or banking institutions have the function of collecting and channeling public funds, and one of the banking activities regulated by Law Number 10 of 1998 on Banking is the collection of funds from the public in the form of time deposits and deposit certificates. On the other hand, in this modern era, an insurance institution not only acts as a protection or coverage provider for insured objects, but also serves as a means for investment. Insurance companies now offer many Investment-Linked Insurance Products (PAYDI), commonly known as 'unit-linked' products, which combine life insurance and investment services simultaneously. The concept of PAYDI allows for collaboration between banks and insurance companies, integrating two distinct activities into a cooperative relationship known as bancassurance. PAYDI offers attractive profit potentials for policyholders, but on the other hand, it may encounter obstacles in its implementation if PAYDI is made with the involvement of bank(bancassurance) and through the redirection outside the business model that has been regulated in the regulations of the legislation, such as assets linked through the transfer of investments like Deposits involving PT Asuransi Jiwasraya with a customer of a bank that has a cooperative relationship with PT Asuransi Jiwasraya. This study is a normative study with descriptive characteristics to be further analyzed qualitatively to find out whether the transfer of investment forms of deposits to PAYDI is permitted along with the provisions governing it, then drawn the deductive conclusion that such transfer is not specifically regulated in the regulations of the legislation and becomes possible only on the basis of agreement of the parties.
ANALISIS YURIDIS DISPENSASI PERKAWINAN PADA ANAK DI BAWAH UMUR DALAM HUKUM KELUARGA MENURUT PERATURAN PERUNDANG-UNDANGAN: Juridical Analysis Of Marriage Dispensation For Minors In Family Law According To Statutory Regulations Shucy Widya Shapitri; Setyaningsih
AMICUS CURIAE Vol. 2 No. 3 (2025): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v2i3.24271

Abstract

In conducting a marriage, it must fulfill the legal requirements of marriage, one of which includes the age requirement. Dispensation to marry is an exception to the provisions of the legal regulations contained in the material requirements of marriage. The problem discussed is whether a minor can obtain dispensation to marry in family law according to Indonesian laws and regulations and whether Stipulation Number 0228/Pdt.P/2020/PA.Pkj and Stipulation Number 9/Pdt.P/2021/PA.Tas regarding dispensation to marry a minor are in accordance with Family Law regulations according to Indonesian laws and regulations. The research method used is normative law using secondary data sourced from primary legal materials and secondary legal materials, analytical descriptive research nature, and deductive inference. Based on the results of the study, a minor can get dispensation to marry from the Court as in Article 7 paragraph (2) of Law Number 16 of 2019 and Article 1 paragraph (5) of PERMA Number 5 of 2019. Determination Number 0228/Pdt.P/2020/PA.Pkj is in accordance with statutory regulations because in deciding the case the judge has considered the Marriage Law and the Child Protection Law. Meanwhile, Determination Number 9/Pdt.P/2021/PA.Tas is not in accordance with the laws and regulations because the judge hasn’t considered the Child Protection Law in deciding the marriage dispensation case.
Co-Authors Al Rabbani, Muhammad Irfan Amalita Puji Anggitasari Anandita Hanny Wardhaya Ashidiqi, Muhammad Hafidz Astuti, Ni Luh Putu Wiardani Budiadnya, Putu Dafi, Alleina Syarifa Edy Wibowo Fadhillah Balqis Dasril Farida Setyaningsih Fiona Khairunnisa Gayatri Sindi Mahesti Gilang Anggara Hanum Rachmi Adesti Husen, Nur Afni I Gusti Wayan Murjana Yasa I Made Sudana Ida Ayu Gede Wahyu Wedanthi Layara, Nikmah Mochammad Maldini Agustian Muhamad Ari Fadjar Sakti Muhammad Febrian Rouf Novia, Mia Nurcahyo, Andrian Dwi Pujowati, Octalina Kus Purhadi Purwandari Putri Kusuma Handayani Putu Budiadnya Reny Puji Pangestu Retno Wati Santi Saputri, Indah Sari, I Wayan Putu Sherien Defrinanda Shidiq, Yusril Shucy Widya Shapitri Sri Surachmi Subawa, I Wayan Tudy Sugiman Sujaelanto Sunarso SURYANI Titin Sutarti Wisnu Wardani, Dewi Ayu Yuni Ratnasari