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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 41 Documents
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Search results for , issue "Vol. 2 No. 1 (2025): Amicus Curiae" : 41 Documents clear
RESTITUSI SEBAGAI HAK PEMULIHAN KORBAN KEJAHATAN: KELEBIHAN DAN KEKURANGANNYA: Restitution as a Form of Recovery For Crime Victims: Strengths and Weaknesses Aisyah, Putri Romadhatul; Widjajanti, Ermania
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/xvy9t556

Abstract

Restitution is also said to be a form of recovery for crime victims that is recognized in the legal systems of many countries, including Indonesia. The concept of restitution aims to return victims to their original position before the crime occurred through providing compensation and other forms of recovery. This journal discusses the importance of restitution as a victim's right to recovery in a criminal act. The research results show that although restitution is recognized as a victim's right, its implementation is often hampered by various factors, including low understanding among law enforcement officials and limited access to information for victims. Other challenges include the economic constraints faced by perpetrators in paying restitution, as well as the lack of effective mechanisms to enforce restitution payments. This journal also highlights the important role of the Witness and Victim Protection Agency (LPSK) in helping victims apply for and obtain restitution as a form of carrying out their duties and permits, although there is still much that needs to be improved in terms of outreach and operational procedures. This article examines 2 (two) legal issues, namely: first, why every perpetrator of a crime must provide restitution to the victim; second, what are the obstacles in implementing the provision of restitution to victims? This journal uses legal research with a normative approach and supporting data in the form of interviews, which aims to find internet-based solutions so that victims can receive their rights, a sense of justice and recovery.
TANGGUNG JAWAB PENGGUNAAN DATA PRIBADI OLEH PENYELENGGARA SISTEM ELEKTRONIK DALAM LAYANAN PINJAMAN ONLINE: Responsibility for the Use of Personal Data by Electronic System Operators in Online Lending Services Yuga, Reinhaldy Ivancka; Hummerson, Andi Widiatno
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/ncewzp73

Abstract

In this era of rapidly developing digital life, the use of information technology has become commonplace. One such development is the emergence of online lending services. These services use electronic systems to conduct their business, including the use of consumers' personal data. Online lending providers that utilize electronic systems are also classified as electronic system operators. In practice, crimes related to personal data, particularly in the online lending sector, are rampant. The responsibility of electronic system operators regarding the use of personal data includes ensuring that their systems are reliable, secure, and responsible for system operations, having a legitimate and clear basis for data processing, providing complete information to the personal data subjects, and maintaining the confidentiality and security of their consumers' data by implementing personal data protection principles. Failure to fulfill the obligations of electronic system operators may result in administrative sanctions, such as written warnings, temporary suspension of activities, deletion of personal data, restriction of products/services, freezing of products/services, dismissal of management, administrative fines, revocation of product licenses, and revocation of business licenses.
KEWAJIBAN NOTIFIKASI AKUISISI OLEH PERUSAHAAN (STUDI PERBANDINGAN: INDONESIA DENGAN REPUBLIK RAKYAT TIONGKOK): Requirement of Acquisition Notification by Companies (Comparative Study: Indonesia And The People's Republic Of China) Valois, Yoana Thersia Listoravina; Nurbaiti, Siti
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/zzckc606

Abstract

In the midst of the progress of the business world today, competition between companies is getting tougher in order to keep up with the times. One way to grow is by making acquisitions. In the acquisition process, companies must provide notification to the Business Competition Authority. This research examines the issue of how the obligation of company acquisition notification between Indonesia and the People's Republic of China? The method used in this research is normative legal research, descriptive in nature, using secondary data, data collection is done by means of literature study, analysed qualitatively and deductive conclusions are drawn. The results illustrate that there are similarities and differences regarding notification obligations in Indonesia, which use the Post-Notification system based on Article 29 of Law 5/1999 and Pre-Notification based on Article 10 of Government Regulation 57/2010.Business actors will be subject to a sanction of IDR 1 billion per day of delay. Meanwhile, the People's Republic of China uses the Pre-Notification system based on Article 26 of the AML. Business actors may also be subject to a fine of RMB 500,000 if they do not carry out notification obligations.
PENENTUAN PEMENANG TENDER YANG BERPOTENSI MELANGGAR LARANGAN PERSEKONGKOLAN TENDER: Determination Of Tender Winners Who Have The Potential To Violate The Prohibition Of Tender Conspiracy Rahmadhani, Zahra Fide; Anggraini, Anna Maria Tri
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/yyesfc12

Abstract

The global economy requires Indonesia to grow as a force in the new economy. This is expected to support national development and create a competitive market situation among them. This condition causes competition, can run in a healthy and unhealthy way.  One of the activities that can cause unfair business competition is the process of procurement of goods and/or services, known as tenders. In fact, many business actors run tenders with bad intentions, which is called tender conspiracy. Using normative legal methods by collecting library materials from primary, secondary and tertiary materials to produce descriptive data, then ending with a conclusion using the concept of agreement based on the Civil Code that conspiracy is a prohibited agreement. . In determining the winner of the tender, what is considered to be a violation of Article 22 is vertical conspiracy because it results in unhealthy business competition. This shows that there must be updates in the provisions regarding business competition, especially provisions regarding bid rigging, and tender selection must be carried out through appropriate and accurate procedures. For example, the selection of the tender committee must be qualified, have integrity and be honest in carrying out the tender. Settlement in cases of conspiracy to determine tender winners can be implemented using a per se illegal approach carried out by the KPPU to assess business activities that violate the provisions of Law Number 5/1999
PENGATURAN DOKTRIN SINGLE ECONOMIC ENTITY: STUDI PERBANDINGAN INDONESIA DAN UNI EROPA: Regulation of the Single Economic Entity Doctrine: A Comparative Study between Indonesia and the European Union Wati, Widiya; Anggraini, Anna Maria Tri
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/rw69yg41

Abstract

Competition law has rapidly evolved alongside the dynamics of trade conducted by businesses. One notable development in Indonesia is the understanding of the Single Economic Entity (SEE) doctrine. This doctrine is often opposed by corporate law regimes that uphold the independence of companies. Therefore, it is crucial to examine how companies can be considered a single economic entity and how regulations differ between Indonesia and the European Union. This study employs a normative approach, using descriptive legal comparison with secondary data such as literature, regulations, and competition authority decisions from both regions. Data is analyzed qualitatively with deductive conclusions. The findings indicate that a group of companies is considered a single entity if its strategic policies are controlled by the holding company. There are both similarities and differences between Indonesia and the EU in their approach to this doctrine. The similarity is that both implicitly regulate SEE, while the difference lies in its application: in Indonesia, it was first applied in the Temasek Holding case in 2007, while the EU used it in the 1972 Deystuff case. To reduce misinterpretations, clearer explanations for business actors are necessary to prevent violations by business groups.  
POTENSI TINDAKAN PRAKTIK MONOPOLI DAN PENYALAHGUNAAN PENGUASAAN PASAR FASILITAS ESENSIAL SEKTOR PELABUHAN DARI PERSPEKTIF HUKUM PERSAINGAN USAHA: Potential Monopolistic Practices and Abuse of Market Power of Essential Facilties in the Port Sector: A Competition Law Perspective Simanullang, Venty Elisa Margareth; Anggraini, Anna Maria Tri
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: 10.25105/2q846165

Abstract

Indonesia is the largest archipelago, which makes the port an essential means for mobilizing the infrastructure that supports the country's economic growth. The port sector, which is operated by state-owned enterprises, has the potential to maximize economic growth. However, in reality, there have been numerous instances of state-owned companies operating in the port sector violating business competition laws. It is thus imperative to comprehend the doctrine of essential facilities and the potential transgressions perpetrated by business actors who are state-owned enterprises. This research adheres to a descriptive normative methodology, utilizing secondary data. The findings indicate that the doctrine of essential facilities espouses the notion that essential facilities are crucial facilities that the state must facilitate and nurture to enable optimal economic activities benefiting the community. Essential facilities are established by state-owned enterprises (SOEs) as a means of implementing Article 33 of the 1945 Constitution of the Republic of Indonesia. In their operations within the port sector, SOEs are required to adhere to the standards set forth in Law Number 17 of 2008 concerning shipping. SOEs as business actors in carrying out their business activities must also pay attention to the principles and norms contained in Law Number 5 of 1999, especially the prohibition of monopolistic practices and market control so as to create healthy business competition.
PEMENUHAN HAK TERHADAP PENYANDANG DISABILITAS MENTAL DALAM MENERIMA PENDIDIKAN DARI PEMERINTAH DAERAH KOTA KABANJAHE: Fulfillment Of The Rights Of People With Mental Disabilities In Receiving Education From The Kabanjahe City Regional Government Purba, Viona Abigail; Sulistyowati, Tri
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/dw8f8398

Abstract

Indonesian Laws and Regulations have regulated various rights of persons with disabilities in the field of education in Law Number 20 of 2003 concerning the National Education System, Law Number 8 of 2003 concerning Persons with Disabilities, and Law Number 23 of 2014 concerning the Government. Education in Law Number 20 of 2003 about the National Education System, is a programmed efforts to build a learning atmospgere and teaching and learning process that supports students in maximizing their potential.. Education is a right that everyone, including people with disabilities, must receive. The right to education for persons with disabilities is regulated in Article 10 of Law Number 8 of 2003 about persons with disabilities which states that persons with disabilities have the right to receive inclusive education. Inclusive educationreceived by persons with disabilities is within the authority and must be facilitated by the Central Government and Regional Government. For matters of educational affairs and fields, Law Number 23 of 2014 concerning regional government regulates that district/city Regional Governments have authority over basic education and the Central Government has authority over special schools which are assisted by the role of Regional Governments in providing facilities and monitoring the fulfillment of educational rights. So that it runs well,
PERLINDUNGAN HUKUM TERHADAP KONSUMEN PRODUK KOSMETIK TABITA : KAJIAN TERHADAP KANDUNGAN BAHAN KOSMETIK SESUAI PERATURAN PERUNDANG-UNDANGAN.: Legal Protection For Consumers Of Tabita Cosmetics: Case Study of Cosmetic Ingridients Content in Accordance with Legislation. Nandwani, Yurike Priya Nanekram; Abrianti, Sharda
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/bbn1xm34

Abstract

This research was conducted on three variants of Tabita cosmetic products that does not acquire distribution permits and are suspected to contain hazardous or prohibited substances. These products are commonly found on various e-commerce platforms. The issue addressed in this article is whether the contents of Tabita cosmetic products contain hazardous or prohibited substances. The research method used is normative research with a descriptive nature. The data sources used include primary, secondary, and tertiary data, which were obtained through document studies or bibliographic sources. Data analysis was conducted descriptively, with conclusions drawn deductively. Based on data obtained from the BPOM public warning page, Tabita cosmetic products are known to contain mercury and hydroquinone. Both of these chemicals have the potential to cause adverse effects on human health. According to BPOM Regulation No. 17/2022, Appendix I, hydroquinone is only allowed to be used for artificial nails with a maximum concentration of 0.02%. Meanwhile, in Appendix V of the same regulation, mercury and its compounds are prohibited for use in cosmetic products.
PENGATURAN PERLINDUNGAN BATIK YOGYAKARTA SEBAGAI EKSPRESI BUDAYA TRADISIONAL: Protection of Yogyakarta Batik as a Expressions of Folklore Viola, Salsabilla Ade; Bustani, Simona
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/s4r3b609

Abstract

Batik is the art of writing or painting on cloth. Yogyakarta batik has now become one of Indonesia’s national batik symbols and identities. If traced, the early existence of Yogyakarta Batik is closely related to the batik tradition that gew and developed during the mataram kingdom. The problem’s formulation raised is how the regulation of the protection of expression of folklore of Yogyakarta Batik. The writing of this journal uses a normative research type that is normative analytical in nature using the law approach and prioritizing secondary data. Considering the research’s finding, it can be concluded that the regulation of the protection of Yogyakarta Batik as a Expression of folklore is based on Law No. 28 of 2014 concerning Copyright, the Law on the Promotion of Culture, and Regional Regulation Number 13 of 2019 in relation to the Development and Maintenance of Batik Jogja. However, based on these regulations, there is no regulation related to maximum protection if there is Batik Jogja claimed or recognized by foreign parties so that a firmer and more comprehensive policy is needed as well as close cooperation between the central and regional governments.  
ASURANSI JIWA DALAM PERJANJIAN PENGALIHAN KREDIT PEMILIKAN RUMAH BERSUBSIDI DI BTN CABANG TANGERANG: Life Insurance in the Subsidized Mortgage Take-Over Agreement at BTN Tangerang Branch Septianingsih, Alizanoor; Abrianti, Sharda
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/mer9er37

Abstract

For further carrying its function to distributing funds into the community, Banks are trusted by the government to issue loan facility in the form of Subsidized Mortgage. The issue of this ease facility is in line with the bank’s purpose as stated in Law Number 7 of 1992 Concerning Baking and Law Number 10 of 1998 Concerning Amendments to Law Number 7 of 1992 Concerning Banking, which is to improve the welfare of the people. In this matter, aiming for the low-income salary person thus they could possess their own residence as well. The occurring problem is often the mortgage credit runs inappropriate and take-over credit has to be done, thereafter questions regarding life insurance claim in mortgage credit agreement arouse; This research is normative research, characterized by its descriptive nature and using qualitative approach in analyzing data, subsequently deductive logic is used to draw conclusions. The analysis results can then be concluded that the existence of life insurance in subsidized mortgage agreement is a clause that must be present to minimize the risks borne by the bank.

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