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All Journal JUSTITIA JURNAL HUKUM Jurnal Kajian Pembaruan Hukum i-Latinnotary Journal: Internasional Journal of Latin Notary
Mohamad, Ani Munirah
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Humanities Astronomy Education Law, Crime, Criminology & Criminal Justice Social Sciences Other

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The Legal Position of Amicus Curiae's Opinion on Criminal Judicial Processes in Indonesia Krisnalita, Louisa Yesami; Mutiarany, Mutiarany; Sharon, Grace; Mohamad, Ani Munirah
JUSTITIA JURNAL HUKUM Vol 6 No 1 (2022): justitia jurnal hukum
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justitia.v7i1.12807

Abstract

Amicus curiae comes from the Latin "amicus" which means "friend" and "curiae" which means "court". In English it is called "Friends Of Court" in Indonesian it is called Friends of Court. Amicus curiae is derived from Roman law, which was later developed and practiced in the common law system, which allows courts to invite third parties to provide information or legal facts relating to unfamiliar issues. Amicus curiae's opinion, when displayed in court, can increase the judge's confidence in the criminal evidence system. Regarding the Amicus curiae's opinion, there is no regulation in the provisions of the criminal procedural law so that the judge is still hesitant to use the Amicus curiae's opinion. The research method used is normative juridical. The results of the research in writing that because Amicus curiae does not yet have clear rules in the judiciary in Indonesia, it is difficult for judges to consider the opinion of Amicus curiae submitted in court and also difficult to relate to the evidence contained in Article 184 of the Criminal Procedure Code because The Amicus curiae does not yet have a clear form in the Indonesian judiciary
The Legal Position of Amicus Curiae's Opinion on Criminal Judicial Processes in Indonesia Krisnalita, Louisa Yesami; Mutiarany, Mutiarany; Sharon, Grace; Mohamad, Ani Munirah
JUSTITIA JURNAL HUKUM Vol 6 No 1 (2022): justitia jurnal hukum
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justitia.v7i1.12807

Abstract

Amicus curiae comes from the Latin "amicus" which means "friend" and "curiae" which means "court". In English it is called "Friends Of Court" in Indonesian it is called Friends of Court. Amicus curiae is derived from Roman law, which was later developed and practiced in the common law system, which allows courts to invite third parties to provide information or legal facts relating to unfamiliar issues. Amicus curiae's opinion, when displayed in court, can increase the judge's confidence in the criminal evidence system. Regarding the Amicus curiae's opinion, there is no regulation in the provisions of the criminal procedural law so that the judge is still hesitant to use the Amicus curiae's opinion. The research method used is normative juridical. The results of the research in writing that because Amicus curiae does not yet have clear rules in the judiciary in Indonesia, it is difficult for judges to consider the opinion of Amicus curiae submitted in court and also difficult to relate to the evidence contained in Article 184 of the Criminal Procedure Code because The Amicus curiae does not yet have a clear form in the Indonesian judiciary
Revocation of Land Gifts for Breach of Filial Responsibility: A Comparative Study of Indonesia and India Sharon, Grace; Mohamad, Ani Munirah; Nugraha, Xavier; Wibisono, Jeniffer Avrillya; Prihandono, Yoga
Jurnal Kajian Pembaruan Hukum Vol. 5 No. 1 (2025): January-June 2025
Publisher : University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jkph.v5i1.53695

Abstract

The transfer of land rights through gifts within familial relationships often entails obligations of filial responsibility, particularly the duty of children to care for their elderly parents. As the increasing disputes over property transfers within familial relationships, this study addresses the legal grounds and consequences of revoking land gift agreements in Indonesia and India when recipients fail to fulfil their filial obligations. So the urgency of the results of this research can help to renew civil law in Indonesia, in particular, and add to the literature as a more general research concept. This article is a normative legal research methodology with statutory, conceptual, and comparative approaches. The findings reveal a doctrinal divergence: Indonesian law mandates explicit conditions within the gift deed to allow revocation based on filial neglect, emphasising a textual interpretation under Article 1688 of the Indonesian Civil Code. Conversely, Indian law, notably through Article 23 of the Welfare of Parents and Senior Citizens Act, recognises both explicit and implicit filial duties as valid grounds for annulment, facilitating broader judicial protection for elderly donors. The study highlights the restrictive scope of Indonesian legal enforcement compared to the more flexible, purposive judicial approach in India, which prioritises substantive justice and familial welfare. These insights suggest that Indonesian legal reforms could benefit from adopting similar flexibility to strengthen safeguards for elderly parents, mitigate intra-family conflicts, and ensure equitable intergenerational property transfers, because the similarity between Indonesia and India is the application of a legal system influenced by customary law.
Security in islamic finance shariah compliance and the new civil court's approach to dispute resolution Mohamad, Ani Munirah; Md Nor, Mohd Zakhiri; Rachmawati, Irma
International Journal of Latin Notary Vol. 4 No. 1 (2023): Internasional Journal of Latin Notary, September 2023
Publisher : Magister Kenotariatan Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61968/journal.v4i1.61

Abstract

Malaysia has a dual financial system that includes both conventional banking and Islamic banking. Over time, Islamic banking has evolved to the point where it has enticed traditional banks to offer Shariah-compliant products as well. However, even though conventional banks have provided Shariah-compliant products, the Islamic bank's obligation to provide Islamic banking services remains. The goal of this article is to look at the measures in the Islamic Financial Services Act 2013 that assure Shariah-compliance security for Islamic banks. This paper also investigates the current approach of civil courts in resolving disputes. The qualitative research methodology was used in this paper. The phenomenology method was used in the research design. Data will be gathered from journals, statutes, and case law. The data will be analyzed using the content analysis method. This paper concludes that it is a heavy-duty of every Islamic bank to ensure Shariah compliance security, and the current civil court approach is that the Islamic banking agreement is still enforceable even if it does not comply with Shariah law. Islamic banking agreements that are in accordance with Shariah law or are not perfectly in accordance with Shariah law are both valid and legal
Co-Authors Grace Sharon Louisa Yesami Krisnalita Maruf, Irma Rachmawati Md Nor, Mohd Zakhiri Mutiarany Nugraha, Xavier Prihandono, Yoga Wibisono, Jeniffer Avrillya