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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. 2 (2025): Amicus Curiae" : 41 Documents clear
PENGENAAN SUBSIDI BAJA NIRKARAT PRODUKSI INDONESIA DALAM PUTUSAN UNI EROPA DITINJAU DARI HUKUM PERDAGANGAN INTERNASIONAL: The Imposition of Subsidies on Indonesian Stainless Steel Production in the European Union Decision in View of International Trade Law Agung Wijaya; Saleh, Rosdiana
AMICUS CURIAE Vol. 2 No. 2 (2025): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v2i2.21919

Abstract

Subsidies are given with the aim of supporting the export performance of a country and promoting welfare, especially for developing countries. Subsidy regulation refers to the rules of the GATT and WTO Agreement. GATT has regulated subsidies in Article XVI of GATT, while the WTO Agreement that regulates subsidies is the SCM Agreement. Article XVI of GATT stipulates that subsidies provided by developing countries for economic improvement cannot be sanctioned in the form of countervailing duty. The problem is whether the subsidization of stainless steel products produced in Indonesia and exported to the European Union violates or does not violate the rules of the GATT / WTO Agreement? This research is a normative and descriptive research to examine the subsidies as argued by the European Union. Secondary data becomes the main data which is processed qualitatively and then collected through literature study. Finally, deductive conclusions are drawn from the analysis that has been done. Indonesia's policy regarding stainless steel does not violate the rules of the GATT / WTO Agreement so that the imposition of sanctions by the European Union is not in accordance with the rules of international trade law. 
PENGATURAN TANGGUNG JAWAB SOSIAL DAN LINGKUNGAN BADAN USAHA MILIK NEGARA (TJSL BUMN) PADA PT TIMAH TBK: Regulation of Social and Environmental Responsibility of State-Owned Enterprises (TJSL BUMN) in PT Timah Tbk Keisyha Amanda Putri; Yunari, Sri Bakti
AMICUS CURIAE Vol. 2 No. 2 (2025): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v2i2.22002

Abstract

Social and Environmental Responsibility (TJSL) in SOEs (BUMN) in Indonesia is a requirement as intended in Paragraph (1) Article 88 of Law Number 19 of 2003 concerning State-Owned Enterprises. This is no exception for PT Timah Tbk which has a business in the unitary segment of tin mining activities starting from exploration of mining areas, and mining activities to processing and marketing of Tin products. The rules regarding TJSL BUMN experience dynamic changes from time to time as evidenced by the Decree of the Minister of Finance No. 1232/KK.013/1989 to the newest regulation, namely Ministry of BUMN Regulation Number PER-1 /MBU/03/2023. Through normative-descriptive research methods, the author analyzes the TJSL regulations of BUMN which are further regulated through internal company regulations, especially by PT Timah Tbk. Through this research, it can be concluded that PT Timah Tbk has internal regulations regarding BUMN TJSL based on applicable regulations. However, there are still several obstacles to implementing them, such as existing company regulations which are still based on BUMN Ministerial Regulation Number PER-6 /MBU/09/2022 The recommendation given is that PT Timah Tbk company regulations need to be formed in implementing TJSL based on new regulations, namely BUMN Ministerial Regulation Number PER-1 /MBU/03/2023.
PERLINDUNGAN KONSUMEN BAGI KORBAN KERACUNAN MAKANAN JAJANAN LATIAO DI SDN CIDADAP I KECAMATAN SUKARAJA: Consumer Protection for Victims of Food Poisoning from Latiao Snacks at SDN Cidadap I Sukaraja District Gheryl Sebastian Sijabat; Dian Purnamasari
AMICUS CURIAE Vol. 2 No. 2 (2025): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v2i2.22860

Abstract

Latiao is a processed food product imported from a manufacturer in China. However, an extraordinary food poisoning incident occurred at SDN Cidadap I in Sukaraja District as a result of consuming this product. The issue addressed in this study revolves around consumer protection for Latiao product consumers and the legal actions that can be taken. This research uses a normative and descriptive approach, employing secondary data to support primary data, which is then analyzed qualitatively and concluded deductively. The study findings conclude that the business operator violated Article 4, letter (a) of the Consumer Protection Law (UUPK) by failing to ensure that the product met consumers' safety, health, and security standards. Other violations identified include Article 7, letter (b) regarding the provision of accurate information about the product, Article 7, letter (d) on product quality, Article 8, letter (a) on compliance with legal product standards, as well as letters (d) and (e) concerning the product's condition and processing. Other regulations disobeyed are Article 86 of the Food Law on product distribution and Article 90 regarding harmful content. It also reveals that the victims have not taken any legal action following the poisoning incident.
PENCEMARAN YANG DISEBABKAN OLEH TUMPAHAN MINYAK DARI KAPAL MV. WAKASHIO DI PERAIRAN MAURITIUS DITINJAU DARI HUKUM LINGKUNGAN INTERNASIONAL: Pollution Caused by Oil Spill From MV. Wakashio in Mauritius Waters Viewed From International Environmental Law Erprido Goklas; Amalia Zuhra
AMICUS CURIAE Vol. 2 No. 2 (2025): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v2i2.22861

Abstract

It is the responsibility of the government of a country to take all necessary steps to make sure that activities that are done within its jurisdiction do not cause pollution to other countries.  The role of the MV Wakashio ship as the cause of water pollution in Mauritius. In this research, one legal identification  problem is how the Japanese government is responsible for the transboundary pollution caused by the oil spill from the Bulk Carrier in the waters of Mauritius. This legal research is normative legal research that emphasizes data and information from literature. This study found that the pollution in the waters caused by a leaking bulk carrier that spilled oil in the sea off Mauritius should be held accountable by the Japanese shipping company. Japan has provided appropriate compensation to address marine pollution in accordance with Mauritius's request. This case will be reviewed under the rules of UNCLOS 1982, LLMC 1986, CLC 1992, and the 2001 Bunker Convention.
DOKTRIN ULTRA VIRES KEPADA DIREKTUR UTAMA TERHADAP PENYELEWENGAN RANTAI PASOKAN PEMBIAYAAN (STUDI PT. WASKITA KARYA PERSERO TBK): The Ultra Vires Doctrine on The President Director Regarding Supply Chain Financing Conduct (Study PT. Waskita Karya Persero) Mush’ab Abdul Jabbar; Heru Pringgodani Sanusi
AMICUS CURIAE Vol. 2 No. 2 (2025): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v2i2.22863

Abstract

The Board of Directors is the main organ responsible for managing the Company, tasked with acting in its best interest according to Article 92 of Law Number 40 of 2007. This discussion focuses on the application of the Ultra Vires Doctrine in the case of supply chain financing misconduct at PT Waskita Karya and the Board’s responsibility under Law Number 19 of 2003 on State-Owned Enterprises and Law Number 40 of 2007 on Limited Liability Companies. The research employs a normative juridical approach, descriptive in nature, using secondary data analyzed qualitatively and concluded deductively. The Ultra Vires Doctrine applies here because the Board’s actions exceeded its authority as outlined in Article 3 of the Company’s Articles of Association and violated Article 5, paragraph (3) of Law Number 19 of 2003. Regarding the Board's responsibility, Article 97, paragraph (2) of Law Number 40 of 2007 holds each director personally liable for company losses caused by negligence or error. Additionally, shareholders can file a civil lawsuit under Article 61 of Law Number 40 of 2007, referencing Article 1365 of the Civil Code, if harmed by the decisions of the General Meeting of Shareholders (GMS), Board of Directors, or Board of Commissioners.
PERLINDUNGAN KONSUMEN ATAS PEREDARAN PRODUK KOSMETIK POST MARKET MENURUT UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN: Consumer Protection For The Distribution Of Post Market Cosmetic Products According To Law Number 8 Of 1999 Concerning Consumer Protection Haya Alyssa Desti Ramadhani; Renti Maharaini Kerti
AMICUS CURIAE Vol. 2 No. 2 (2025): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v2i2.22865

Abstract

Consumer protection is an effort to ensure legal certainty in safeguarding consumer rights. This study examines the regulation of cosmetic product quality standards and the role of the National Agency of Drug and Food Control (BPOM) in conducting post-market surveillance to ensure compliance with established standards. The identified issues in this research are how the quality standards are applied to Scarlett Whitening body lotion products and how BPOM plays a role in ensuring the safety of these cosmetic products for consumers. This research uses a normative-descriptive method through literature study and interviews with consumers and BPOM officials. Based on the research findings and conclusions, it is concluded that every cosmetic product must comply with the established quality standards, and BPOM plays a crucial role in conducting both pre-market and post-market supervision. Although Scarlett Whitening products have fulfilled legal requirements in accordance with regulatory provisions, consumers have expressed dissatisfaction regarding the product’s heavy texture, difficulty of absorption, and lack of promised brightening effects. This highlights the importance of quality supervision not only in terms of legal compliance but also in ensuring consumer experience and satisfaction.
ANALISIS YURIDIS TERHADAP TANGGUNG JAWAB DIREKSI(STUDI KASUS PT. X DI JAKARTA): Juridical Analysis Of The Responsibilities Of Board Of Directors  (Case Study Of Pt. X In Jakarta) Andian Fadella Rahmadani; Heru Pringgodani Sanusi
AMICUS CURIAE Vol. 2 No. 2 (2025): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v2i2.22866

Abstract

This study examines the legal liability of a Director in a Limited Liability Company (PT) who continued to perform legal acts after the expiration of their term of office, with a case study of PT. X in Jakarta. The issue identified in this research is the legal consequences and responsibilities that arise when a Director acts on behalf of the company beyond their official term. This research employs a normative legal method with a qualitative-descriptive approach using secondary data in the form of legislation and relevant documents. Based on the results of the research and conclusion, it is found that the Director's actions are deemed invalid due to the absence of legal capacity requirements under Article 98 of Law Number 40 of 2007 concerning Limited Liability Companies and Article 1320 of the Indonesian Civil Code, as well as a breach of the principles of Good Corporate Governance and Fiduciary Duty. The lack of ratification from the company confirms the invalidity of the legal act and gives rise to the Director's personal liability for any resulting loss.
PEMBEBASAN TANAH GARAPAN UNTUK PROYEKPEMBANGUNAN LIGHT RAIL TRANSIT STUDIPUTUSAN NOMOR 45/PDT.G/2021PN-CKR: Land Acquisition for Light Rail Transit Development Project: Study of Decision Number 45/Pdt.G/2021/PN-CKR Azzahra Sahda; Intan Nevia Cahyana
AMICUS CURIAE Vol. 2 No. 2 (2025): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v2i2.22867

Abstract

The determination of the Entitled Party in the Land Acquisition Implementation phase basically refers to the provisions of Law Number 2 of 2012 concerning Land Acquisition for Public Purposes, supported by other related regulations such as Government Regulation Number 19 of 2021 on the Implementation of Land Acquisition for Public Development Purposes. It is emphasized that the Entitled Party is the one who truly has valid proof of ownership and/or legitimate control that can be accountable for its accuracy. Therefore, at the identification stage to determine the subject and object. The identified problem in this study is how the determination of entitled parties in the implementation stage of land acquisition is carried out in accordance with statutory regulations. The land acquisition implementer must thoroughly consider both the physical and juridical aspects of ownership of the land affected by the alignment for the Light Rail Transit (LRT) development in the Jabodetabek area. Based on the results and conclusion of the study, it is concluded that the provisions regarding the entitled parties are crucial to ensure legal certainty and avoid ownership disputes, as well as to provide a solid legal basis in every stage of land acquisition implementation, especially in national strategic infrastructure projects such as Jabodetabek LRT.
PENEBANGAN LIAR (ILLEGAL LOGGING) DI VANUATU BERDASARKAN UNITED NATIONS FRAMEWORK CONVENTION ON CLIMATE CHANGE: Illegal Logging In Vanuatu Based On The United Nations Framework Convention On Climate Change Imam makkarim mukhtar lubis; Sugeng Supartono
AMICUS CURIAE Vol. 2 No. 2 (2025): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v2i2.22875

Abstract

Climate change is a global challenge that impacts small island states, including Vanuatu. This study examines policies based on the United Nations Framework Convention on Climate Change in Vanuatu's climate change mitigation efforts, on reducing carbon emissions and increasing environmental resilience. Identify of this stufy; violations committed by Vanuatu against the provisions of the United Nations Framework Convention on Climate Change (UNFCCC) and Vanuatu's responsibilities in addressing illegal logging violations under the UNFCCC. Normative and descriptive legal research methods, this study highlights Vanuatu's role in fighting for climate justice, despite challenges such as weak law enforcement, dependence on foreign aid, and limited implementation capacity. The results and the conclusion of the study indicate that although Vanuatu has taken strategic steps in reducing carbon emissions through international cooperation and local policies, there are still obstacles to implementation. This study recommends increasing the contribution of developed countries in supporting developing countries and strengthening local institutions to ensure the sustainability of mitigation policies. These findings provide important insights for global efforts to address climate change through more effective collaboration between developed and developing countries.
DAMPAK YURIDIS PERUBAHAN PERATURAN KONTRAK KERJA SAMA HULU MIGAS TERHADAP INVESTASI MIGAS DI INDONESIA: The Juridical Impact Of Changes In Upstream Oil And Gas Production Sharing Contract Regulations On Oil And Gas Investment In Indonesia Salsabila Indah Safitri; Dian Purnamasari
AMICUS CURIAE Vol. 2 No. 2 (2025): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v2i2.22877

Abstract

Investment plays a crucial role in a country’s economy. Currently, investments have expanded into various sectors, including the oil and gas sector. The implementation of oil and gas investment in Indonesia is based on Production Sharing Contracts (PSC). The prevailing types of PSCs are cost recovery and gross split. The gross split PSC was a new initiative by the government in 2017 aimed at increasing oil and gas investment in Indonesia. However, not long after the gross split PSC was adopted, the government made several regulatory changes regarding oil and gas PSCs, affecting investment activities in the sector and introducing flexibility in the use of PSC types. These frequent regulatory changes have led to uncertainty and doubts among investors. In this context, the identified problem in this study is the legal impact of the regulatory changes to cost recovery and gross split Production Sharing Contracts (PSC) in upstream oil and gas activities. Based on the results and conclusion of the study, it is concluded that the most significant impact of these regulatory changes is legal uncertainty, which disrupts the investment climate and contradicts the principle of legal certainty as stipulated in Law Number 25 of 2007 concerning Investment.

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