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Journal : Amicus Curiae

PERAN PEMERINTAH DAERAH KABUPATEN PURWAKARTA DALAM MENCEGAH, MENANGANI DAN MEMULIHKAN PERMASALAHAN LINGKUNGAN: The Role of the Regional Government of Purwakarta Regency in Preventing, Handling and Restoring Environmental Problems Tsalsa Fitriyani Zulkarnain; Ninuk Wijiningsih
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.v2i3.24001

Abstract

One of the duties of the Purwakarta Regency Regional Government is supervision related to the environmental sector as stated in Law 23 of 2014 concerning Regional Government. Identification problems of this research are: how the implementation of the duties and functions of the Regional Government of Purwakarta Regency in preventing, handling, and restoring environmental problems according to applicable laws and regulations and how the implementation of the duties and functions of the Regional Government of Purwakarta Regency in preventing, handling and restoring environmental problems in the case of industrial waste leakage. The type of research used is normative legal research with secondary data as the main data and primary data in the form of interviews as supporting data. The nature of the research is descriptive, analyzed qualitatively and the conclusion used is deductive The result and conclusion of this research is that PT Indorama Synthetic does not carry out the administrative sanctions given and the Purwakarta Regency Environmental Agency does not supervise the implementation of administrative sanctions.
KEWENANGAN PEMERINTAH DAERAH KOTA BOGOR DALAM PENGENDALIAN PEREDARAN MINUMAN BERALKOHOL: The Authority of Bogor City Government in Controlling the Distribution of Alcoholoc Beverages Siti Nur Rizqiah; Ninuk Wijiningsih
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.v2i3.24008

Abstract

The Bogor City Government has the authority to control the circulation of alcoholic drinks through Bogor Mayor Regulation Number 121 of 2022. This regulation aims to regulate the distribution, licensing, supervision and control of alcoholic drinks in order to maintain public order and protect the public from the negative impacts of alcohol consumption. In its implementation, supervision is carried out by the Bogor City Civil Service Police Unit and the Industry and Trade Service. In its implementation, this policy still faces various obstacles, including the practice of bribery in licensing, misuse of distribution permits, and the continued distribution of illegal alcoholic beverages. The identification problem with this research is that law enforcement carried out through raids is often not effective due to information leaks which enable business actors to avoid legal action. In addition, new challenges arise with the development of online commerce which makes it difficult to monitor the distribution of illegal alcoholic beverages. This type of research is normative juridical, descriptive in nature, using secondary data as main data and primary data as supporting data, as well as drawing deductive conclusions to analyze the effectiveness of policies to control the circulation of alcoholic beverages in Bogor City. The research results and conclusion show that although this regulation has been made comprehensively, its implementation still requires improvements in the aspects of supervision, inter-agency coordination, and education to the public to ensure the effectiveness of the policy in the long term.
PEMBENTUKAN PERATURAN KEPALA OTORITA IBU KOTA NUSANTARA SEBAGAI PRODUK HUKUM DAERAH BERDASARKAN UNDANG-UNDANG NOMOR 12 TAHUN 2011: Formation of Regulations of The Head of The Nusantara Capital Authority as a Regional Legal Product Based on Law Number 12 of 2011 Alfian Kelen; Ninuk Wijiningsih
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.v2i3.24033

Abstract

Indonesia has officially moved the nation's capital with the issuance of Law Number 3 of 2022 (UU IKN) whereby the nation's capital moves from Jakarta to the Archipelago Capital (IKN) in East Kalimantan Province. As a region with special autonomy, IKN has a special regional government as well. IKN is led and managed (Head of the IKN Authority) who has a ministry-level position who has the right to set regulations for administering the IKN regional government. The identification problem of this research is to analyze the suitability of the mechanism for establishing the Regulation of the Head of the Archipelago Capital Authority with Law Number 12 of 2011. The type of research used is normative legal research. The nature of descriptive research uses secondary data as the main data. Using qualitative data analysis and drawing conclusions deductively. The result and conclusion of the research shows that the mechanism for establishing regulations for the Head of the IKN Authority’s position is not regulated, if the formatting of regulations is unclear and does not comply with the techniques for drafting legislation, the regulations can be canceled based on Article 9 of Law No.12 of 2011.
KONTRIBUSI RETRIBUSI PEMOTONGAN HEWAN DALAM UPACARA ADAT RAMBU SOLO TERHADAP PAD DI KABUPATEN TORAJA UTARA TAHUN 2021-2022 KONTRIBUSI RETRIBUSI PEMOTONGAN HEWAN DALAM UPACARA ADAT RAMBU SOLO TERHADAP PAD DI KABUPATEN TORAJA UTARA TAHUN 2021-2022 Azaria Claresta; Ninuk Wijiningsih
AMICUS CURIAE Vol. 2 No. 4 (2025): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v2i4.24689

Abstract

The animal slaughter levy is the highest contribution related to traditional ceremonies. The formulation of the problem is whether the procedure for collecting regional levies on the slaughter of animals in the Rambu Solo' ceremony in North Toraja district is in accordance with PERBUP TORUT No. 31 of 2021 and whether the regional levy on the slaughter of animals in the Rambu Solo' traditional ceremony in 2021-2022 contributes to PAD in North Toraja district. This research is a normative legal research, with an analytical descriptive nature. Using secondary data in the form of primary and secondary legal materials. The data was analyzed qualitatively with deductive conclusions. The conclusion is that the contribution of the Animal Slaughter Levy in the Rambu Solo' Traditional Ceremony to PAD in Toraja Regency has increased significantly based on 2021-2022. In 2021-2022, it shows an increase of 4.3% from 2021. Although there has been an increase in levy revenue, the levy results in 2021-2022 did not reach the target given by the government. The obstacle to this does not happen is due to the small location of slaughterhouses, slaughterhouse rates tend to be high, uneven socialization in the community, thick culture and inadequate law enforcement and regulations.
PERBANDINGAN PEMILIHAN GUBERNUR DI INDONESIA DAN FILIPINA: Comparison of Governor Elections in Indonesia and the Philippines Alviansyah; Ninuk Wijiningsih
AMICUS CURIAE Vol. 2 No. 4 (2025): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v2i4.24694

Abstract

The Philippines is a democratic country in Asia. The Republic of Indonesia has similarities and differences with the Republic of the Philippines. The main problem discussed in this research is what are the differences and similarities in gubernatorial elections in Indonesia and the Philippines? and what are the advantages and disadvantages of gubernatorial elections in Indonesia and the Philippines? The research was conducted using normative legal research methods, with secondary data supported by primary data. The nature of the research is descriptive and conclusions are drawn using a deductive method. Based on the research results, there are similarities regarding the gubernatorial election, namely that they are both elected by the people where there are polling places (TPS), the leadership area is equivalent to the province, and the difference is that candidates for governor in the Philippines are required to stay in the area they will lead for 6 months while in Indonesia they do not. . Apart from that, the advantage of the gubernatorial election in Indonesia is that the timing of the regional elections with elections is different. The advantage of the gubernatorial election in the Philippines is that the votes are counted using machines.
PERAN BADAN PERWAKILAN RAKYAT DAN BADAN PERADILAN DALAM PEMBERHENTIAN PRESIDEN DAN/ATAU WAKIL PRESIDEN (STUDI PERBANDINGAN DI INDONESIA DAN AMERIKA SERIKAT): The Role of the People's Representative Council and the Judiciary in the Impeachment of the President and/or Vice President (A Comparative Study between Indonesia and the United States) Chrystyan Nadin Cleviandra Hidayat; Ninuk Wijiningsih
AMICUS CURIAE Vol. 2 No. 4 (2025): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v2i4.24961

Abstract

The manifestation of popular sovereignty in a country necessitates the role of a representative body in the impeachment of the president and/or vice president. However, it is also common for countries to involve judicial institutions in the impeachment process. The research questions in this research are: How do the roles of representative bodies in Indonesia and the United States compare in the impeachment of the president and/or vice president? And how does the involvement of judicial institutions in the impeachment of the president and/or vice president differ between Indonesia and the United States? The research method used is normative legal research, with a descriptive writing approach. Data types include secondary data with primary legal materials, secondary legal materials, and tertiary legal materials, and conclusions are drawn using deductive logic. The findings reveal that the representative bodies in Indonesia and the United States have similarities in initiating the impeachment of the president and/or vice president, and that the decision to impeach is only a removal from office. However, in Indonesia, one chamber, the Regional Representative Council, does not play a role in the impeachment of the president and/or vice president. In contrast, both the House of Representatives and the Senate in the United States have roles in the impeachment process. The comparison of judicial roles shows a clear difference. The Supreme Court of the United States does not play a role in the impeachment process, whereas the Constitutional Court of Indonesia does.
PERBANDINGAN LEMBAGA EKSEKUTIF DI INDONESIA DAN KOREA SELATAN: A Comparison of Executive Institutions in Indonesia and South Korea Aley Zaenal Gozali; Ninuk Wijiningsih
AMICUS CURIAE Vol. 2 No. 4 (2025): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v2i4.24989

Abstract

Indonesia and South Korea are contries that implement a presidential system where there is a separation of powers, namely the executive, legislative, and Judiciary based on the principle “Checks and Balances”. This principle is reflected in the 1945 constitution of the Republik of Indonesia and the constitutions of the Republic of Indonesia and Sound Korea. The formulation of the problem in this study is 1) The similarities and differences of executive institutions in Indonesia and South Korea? 2) What are the advantages and disadvantages of executive institution in Indonesia and South Korea?. This study uses normative research, which is descriptive sourced from secondary data and primary data, using deductive logic conclusions. The conclusions of this study is, 1) Executive institutions in principle Indonesia and South Korea have many similarities in function, dutties and authorities. The difference can be observed in the terms used for the president’s companion. In Indonesia, the presidencial candidate is referres to as the vice president is accompanied bt yhe prime minister. 2) In general, executive institutions in Indonesia and South Korea still leave shortcomings, namely, conflicts between the executive and legislature tend to be possible given the absence of high state institutions that ultimately make decisions on policies seem long, due to check and balance.