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Amicus Curiae
Published by Universitas Trisakti
ISSN : -     EISSN : 30472504     DOI : https://doi.org/10.25105/amicus.v1i1
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Amicus Curiae menyediakan wadah bagi para akademisi, praktisi hukum, dan peneliti untuk berbagi pengetahuan, temuan, dan pemikiran terbaru di bidang hukum. Dengan mempublikasikan artikel-artikel yang berkualitas dan terkini, Amicus Curiae membantu menyebarkan pengetahuan hukum yang relevan dan penting bagi pembangunan hukum dan kebijakan di Indonesia. Hal ini memungkinkan para pemangku kepentingan, seperti pemerintah, pengadilan, praktisi hukum, dan masyarakat umum, untuk mengakses dan memanfaatkan pengetahuan tersebut dalam proses pengambilan keputusan dan implementasi kebijakan. Dengan mendorong pemikiran hukum yang berkualitas dan progresif, Amicus Curiae membantu mengembangkan pandangan baru, solusi hukum yang lebih baik, dan pendekatan yang lebih efektif dalam menangani masalah-masalah hukum yang kompleks di Indonesia. Dengan demikian, Amicus Curiae dapat membantu menciptakan lingkungan hukum yang lebih stabil, adil, dan berkelanjutan yang mendorong pertumbuhan dan pembangunan yang berkelanjutan di Indonesia. Amicus Curiae terbit online secara berkala 4 kali dalam satu tahun.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 69 Documents
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Search results for , issue "Vol. 1 No. 2 (2024): Amicus Curiae" : 69 Documents clear
PEMIDANAAN TERHADAP PELAKU TINDAK PIDANA TANPA HAK MENDISTRIBUSIKAN GAMBAR PORNOGRAFI DISERTAI PEMERASAN: Conviction of Criminal Offenders Without The Right To Distribute Pornographic Images Accompanied by Extortion Ahmad Muhajir; Vientje Ratna Multiwijaya
AMICUS CURIAE Vol. 1 No. 2 (2024): Amicus Curiae
Publisher : Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v1i2.19738

Abstract

Punishment of Perpetrators of Crimes Without the Right to Distribute Pornographic Images accompanied by Extortion with the study of decision number 619/Pid.Sus/2021/PN Jkt.Sel. The main issues are 1) How is the sentence of the judge in decision number 619/Pid.Sus/2021/PN Jkt.Sel appropriate or not based on Article 27 (4) jo. Article 45 (4) of electronic information and transaction law? 2) Are the criminal sanctions against the perpetrators in decision number 619/Pid.Sus/2021/PN Jkt.Sel in accordance with the purpose of punishment? This study uses a normative research type that is descriptive using secondary data which is analyzed qualitatively by drawing deductive conclusions. The conclusions of the study are 1) Judge conviction in decision number 619/Pid.Sus/2021/PN Jkt.Sel based on Article 27 (4) jo. Article 45 (4) of electronic information and transaction law is incorrect. 2) The criminal sanction against the perpetrator in decision number 619/Pid.Sus/2021/PN Jkt.Sel is not in accordance with the purpose of sentencing. The results of this study are related to legal facts and criminal purposes 3R and 1D, so the perpetrator should be subject to Article 27 (4) jo. Article 45 (4) of the electronic information and transaction law jo. Article 368 of the Criminal Code with 6 years in prison
PENGARUH KEBIJAKAN ONE CHINA POLICY TERHADAP KEDAULATAN WILAYAH NEGARA TAIWAN DITINJAU DARI HUKUM INTERNASIONA: The Influence of the One China Policy on Taiwan’s Territorial Sovereignty From the Perspective of International Law Hamdi Firdaus Firman; Aji Wibowo
AMICUS CURIAE Vol. 1 No. 2 (2024): Amicus Curiae
Publisher : Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v1i2.19743

Abstract

Article 1 paragraph 1 of the 1933 Montevideo Convention Concerning State Rights and Duties explains that if a country is recognized as a sovereign country it must fulfill the conditions described therein, then the problem is what causes the One China Policy to threaten the territorial sovereignty of Taiwan according to law international law and how legal settlements can be carried out by Taiwan to be able to maintain the sovereignty of its country's territory from the One China Policy. Answering these two problems can be overcome by the method used by conducting normative legal research on the sources of international law on which they are based. Data processing is done qualitatively, for drawing conclusions using a deductive mindset. Based on the analysis that has been done, it can be concluded that 1) Taiwan can be recognized as a country, but due to the lack of recognition from other countries, China is still seeking reunification with Taiwan 2) Taiwan can carry out legal settlements in order to maintain its sovereign territory 3) China's recognition of Taiwan is not justified because the country has been formed since before the recognition of the country.
PERBANDINGAN SISTEM KEPARTAIAN DAN KAITANNYA DALAM PEMILIHAN PRESIDEN DI INDONESIA DAN FILIPINA: Comparison Of Participation Systems And Its Relationships In Presidential Elections In Indonesia And Philippines Irawan Ro Darmansyah; Tri Sulistyowati
AMICUS CURIAE Vol. 1 No. 2 (2024): Amicus Curiae
Publisher : Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v1i2.19744

Abstract

The emergence of political parties in a country can determine its political system. Each democratic countries has its own way to elaborate their peoples right to vote and to elaborate any political parties to carry their strong member as President and Vice President in an election. This research used normative juridical research and comparative method where the conclusion were drawn using deductive method. In this research, two democratic country will be compared. Indonesia and Philippines has many similarities trough the differences in their political party system related to presidential election. Multi party system is used in both countries. There are similarities in the form of implementation of voting rights, nominating candidates through political parties, and nominating parties as election participants. Therefore the difference is known in the authority of the election commission, presidency period, the threshold for presidential nomination, the election round system, the vote counting mechanism, and the voting system. This differences and similarities generate values that can be developed such as general conditions for the establishment of political parties, the presidential thresholds, and utilize a vote counting machines to calculate the results of vote recapitulation.
PENERAPAN ASAS KELANGSUNGAN USAHA (BUSINESS GOING CONCERN) DALAM SISTEM HUKUM KEPAILITAN INDONESIA: Application of the Business Going Concern Principle in the Indonesian Bankruptcy Law System Izra Charistulus Manangi; Arif Wicaksana
AMICUS CURIAE Vol. 1 No. 2 (2024): Amicus Curiae
Publisher : Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v1i2.19748

Abstract

One of the four principles stipulated by Law Number 37 of 2004 concerning Bankruptcy and Suspension of Obligations for Debt Payment is the Business Continuity Principle. The concept of business continuity which is also called "Business Going Concern" focuses on the continued existence of the debtor company, so that it is hoped that bankruptcy will not occur. The problem is how to implement Law Number 37 of 2004 concerning the Principles of Business Continuity; Meanwhile, data processing was carried out qualitatively, normative research was carried out to find answers to these problems, and deductive methods were used to draw conclusions. The existing analysis results in the conclusion that Article 179 to Article 184 of Law Number 37 of 2004 justifies the application of the Business Continuity Principle.
TINJAUAN YURIDIS MENGENAI KLAIM ASURANSI JIWA YANG TIDAK DIBAYARKAN OLEH ASURANSI JIWA BERSAMA BUMIPUTERA 1912: Juridical Review of Life Insurance Claims That Are Not Paid By Asuransi Jiwa Bersama Bumiputera 1912 Khalisha Erfira Septianita; Suci Lestari
AMICUS CURIAE Vol. 1 No. 2 (2024): Amicus Curiae
Publisher : Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v1i2.19753

Abstract

AJB Bumiputera 1912 does not pay the insurance claims of its policyholders, especially the policies belonging to Mrs. Marlindawati and Mr. Rudhi Mukhtar. The problem is how is the form of AJB Bumiputera 1912's responsibility for non-payment of insurance claims to its policyholders based on insurance law. The research method used is normative, descriptive-analytic in nature, the main data is secondary data supported by interviews, the method of collecting data is by means of literature studies and interviews, qualitative analysis and the method of drawing conclusions is by means of a deductive method. The conclusion of the research is that according to insurance law AJBB must be responsible based on Article 40 paragraph (1) POJK 69/2016, but because AJBB is in the form of a joint venture, Article 33 paragraph (5) AD AJBB regulates losses to be borne by the policyholder as well. Suggestion: AJBB to immediately resolve its liquidity problems and fulfill its obligations and its policyholders can use deliberations to reach a consensus, mediation and arbitration, and file for PKPU or bankruptcy.
PENYELESAIAN SENGKETA PHK TANPA PERUNDINGAN BIPARTIT PADA PENGADILAN NEGERI KOTA SEMARANG (STUDI PUTUSAN NOMOR 56/PDT.SUS-PHI/2019/PN SMG): Settlement of Layoff Disputes Without Bipartite Negotiations at the Semarang City District Court (Study of Decision Number 56/Pdt.Sus-PHI/2019/PN Smg) Kania Adriani; Yogo Pamungkas
AMICUS CURIAE Vol. 1 No. 2 (2024): Amicus Curiae
Publisher : Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v1i2.19754

Abstract

Termination of employment is an event that is very feared for employees because it involves loss of livelihood. One of the disputes in industrial is the layoff dispute. In the settlement of layoff disputes, there are several stages carried out, including Bipartite, which stage cannot be missed by both parties, whis stage of industrial relations dispute settlement must be carried out. The problems in this study are how the process of resolving layoff disputes between Fauzizah and PT Hansae Ace Apparel and whether the process of resolving layoff disputes between Fauzizah and PT Hansae Ace Apparel is in accordance with Law Number 2 of 2004. To get the answers above, a type of research is used. Normative law based.
TINJAUAN YURIDIS PEMBERHENTIAN TIDAK HORMAT APARATUR SIPIL NEGARA KARENA MELAKUKAN PIDANA KORUPSI: Juridical Review Disrespectful Dismissal of State Civil Apparatus for Committing Corruption Crimes Rivi Pratama Putra; Andari Yurikosari
AMICUS CURIAE Vol. 1 No. 2 (2024): Amicus Curiae
Publisher : Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v1i2.19762

Abstract

Every State Civil Apparatus (ASN) has an obligation to always be able to comply with all codes of ethics and regulations that govern, namely the Laws. The Disrespectful Dismissal Case committed by Daduk Agustyanta, Daduk Agustyanta's brother is a Civil Servant (PNS). The formulation of the problem in the case of Daduk Agustyanta's brother is whether the dismissal process does not respect the State Civil Apparatus based on decision Number 24/G/2021/PTUN.Sby in accordance with BKN Regulation Number 3 of 2020 concerning Technical Instructions for Dismissal of Civil Servants and what are the legal consequences for State Civil Apparatuses that are proven commit acts of corruption. Secondary and primary data are used as research supporting data, and normative law is used for descriptive research methods. using qualitative analysis and making conclusions with deductive logic. The results of the study showed that Daduk Agustyanta's brother had been dishonorably discharged based on Law Number 5 of 2014 concerning the State Civil Apparatus. Based on the discussion, the law has binding legal force because it is in accordance with the statutory hierarchy. In conclusion, the dismissal process handed down to brother Daduk Agustyanta was in accordance with the flow of dismissal stipulated in Law Number 5 of 2014 concerning State Civil Apparatuses and the legal consequences received by brother Daduk Agustyanta for committing a Corruption Crime, namely being dishonorably discharged and brother Daduk Agustyanta lost his employment rights and pension rights
ANALISIS YURIDIS TERHADAP PEMBAGIAN HARTA PENINGGALAN ALMARHUM LEMAN KEPADA AHLI WARISNYA MENURUT KUHPERDATA (STUDI PUTUSAN PENGADILAN NEGERI MEDAN NOMOR 43/PDT.G/2020/PN.MDN): Juridical Analysis of the Distribution of the Deep Leman’s Assets to His Heirs According to the Court of Data (Study of State Court Decisions Medan Number 43/PDT.G/2020/PN.MDN) Namira Nur Azzahra; Endang Suparsetyani
AMICUS CURIAE Vol. 1 No. 2 (2024): Amicus Curiae
Publisher : Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Inheritance law contains the determination of who will become the heir. However, the inheritance problem itself cannot be separated from the existence of disputes regarding the distribution of inheritance to the heirs, especially if in the distribution of inheritance there is a will made by the heir, this was also experienced by the late Leman's family, the issues discussed were 1) How distribution of the inheritance of the late Leman to his heirs according to the Civil Code, 2) Whether the contents of the Decision of the Medan District Court Number 43/Pdt.G/2020/Pn.Mdn concerning the distribution of the inheritance of the late Leman to his heirs are appropriate or not according to the Civil Code, conduct research by using analytical descriptive research, where the results of the research were through qualitative and drawing conclusions using the deductive method resulting in the conclusion that 1) The distribution of the assets of the late Leman according to the Civil Code, namely Mrs. Tan Bie Tju (5/8) share, Edison (1/8) share, Verawati (1/8) share, Lilis Leman (1/8) share, and Cindy Chandra do not receive inheritance shares because there is no provision in the Civil Code that regulates the distribution of inheritance to adopted children, 2) The content of the decision of the Medan District Court Number 43/Pdt.G/2020/Pn.Mdn concerning the distribution of the inheritance of the late Lemman to his heirs is not in accordance with the Civil Code.
PEMIDANAAN PELAKU TINDAK PIDANA PERCOBAAN PEMBUNUHAN DENGAN RENCANA LEBIH DAHULU (PUTUSAN NOMOR. 214/Pid.B/2021/PN Pkb): Criminal of the Criminal of Attempted Murder with Previous Plan (Decision Number 214/Pid.B/2021/PN Pkb) Chandra Dwijaya Sumule; Vientje Ratna Multiwidjaja
AMICUS CURIAE Vol. 1 No. 2 (2024): Amicus Curiae
Publisher : Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v1i2.19765

Abstract

The conviction of the defendant for attempted murder with premeditation is a punishment for the actions of the suspect who was emotional because he was ridiculed by the victim and intended to kill the victim then took a knife into the suspect's boat and stabbed the victim in the neck and then it was not finished because at that time someone flashed a flashlight towards the suspect so the suspect ran away , Based on the study of the decision number 214/Pid.b/PN Pkb. The problems in this study are (1) How is the punishment for the perpetrators of attempted murder with advance planning appropriate based on Article 338 in conjunction with Article 53 of the Criminal Code? and (2) Is the sentence imposed by the judge in accordance with the purpose of sentencing? This research was conducted using a normative legal research type that is descriptive in nature, using primary legal materials, secondary by collecting data from literature studies which are analyzed qualitatively and drawing conclusions using deductive logic. The conclusions of this study are (1) The conviction of the perpetrators of attempted murder with prior planning is not appropriate based on Article 338 jo 53 of the Criminal Code and (2) The conviction by the judge is not in accordance with the purpose of sentencing. The results of this study are related to the facts of the trial and the purpose of the 3R+1D punishment and 13.4 years imprisonment, so the perpetrators should be subject to Article 340 in conjunction with 53 of the Criminal Code.
RESTORATIVE JUSTICE TERHADAP PELAKU TINDAK PIDANA PENGANIAYAAN (STUDI PUTUSAN NO. 63/PID.B/2021/PN.SKM): Restorative Justice Towards The Prepetrator Of Persecution (Study Of Decision No. 63/Pid.B/2021/Pn.Skm) Putri Rizki Utami; Vientje Ratna Multiwijaya
AMICUS CURIAE Vol. 1 No. 2 (2024): Amicus Curiae
Publisher : Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v1i2.19770

Abstract

Restorative Justice is an effort to resolve criminal acts by bringing together both parties to find a fair solution. The use of Restorative Justice by the judge against the perpetrators of the criminal act of persecution in this case is not appropriate, because peace has been made outside the court and there is no determination of the judge in advance. The subject matter raised based on Decision Number 63/Pid.B/2021/PN. Skm is whether restorative justice against perpetrators of criminal acts of persecution based on Article 351 paragraph (1) of the Criminal Code is considered appropriate or not? (Decision No. 63/Pid.B/2021/PN. Skm) and; Are criminal sanctions in the form of release from lawsuits in accordance with the purpose of prosecution? (Decision No. 63/Pid.B/2021/PN. Skm). This study used a normative research method known as descriptive analysis, which relied on secondary data collected through literature review and analyzed qualitatively to reach the following conclusions: (1) Restorative Justice shall not be applied to those responsible for the crime of persecution under Article 351 paragraph (1) of the Criminal Code. (2) Criminal sanctions in the form of release from lawsuits are not in accordance with the purpose of prosecution. The results of the study associated with the implementation of restorative justice stated that there must be an out-of-court determination first and based on the purpose of 3R + 1D prosecution, the defendant should be a subject to prosecution based on Article 351 paragraph (1) concerning persecution.

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