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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
TINDAKAN WANPRESTASI OLEH NASABAH BERINISIAL RS PADA PT. BANK PEMBIAYAAN RAKYAT SYARIAH AMANAH UMMAH PUSAT: Tort Actions By A Customer With The Initials RS At PT. Bank Pembiayaan Rakyat Syariah Amanah Ummah Pusat Bintang Nugraha Putra; Arif Wicaksana
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.v2i2.22878

Abstract

The Murabahah Agreement is one of the contracts implemented in Sharia banking where the contract is carried out using a buying and selling system to obtain a profit by adhering strictly to the principles established by Islamic teachings. In this case, the contract executed between PT. Bank Pembiayaan Rakyat Syariah Amanah Ummah Pusat with a customer with the initials RS which creates a legal relationship, namely the existence of rights and obligations for each party. However, it cannot be easy to fulfill what has been agreed upon in the Murabahah agreement, and of course, with this, some problems arise, namely default or broken promises. This default is a situation where one party does not carry out the obligations he has agreed to. In this research, the customer with the initials RS was correct in acts of default or breaking promises by making installment payments and carrying out provisions that were prohibited in the Murabahah agreement that he had agreed to with PT. Bank Pembiayaan Rakyat Syariah Amanah Ummah Pusat.
ANALISIS TERHADAP DESAIN INDUSTRI PADA KEMASAN MAKANAN GEPREK BENSU (STUDI KASUS PUTUSAN NOMOR 16/PDT. SUS-DESAIN INDUSTRI/2020/PN NIAGA. JKT.PST. JO. PUTUSAN NOMOR 162 K/PDT.SUS-HKI/2021): Juridicial Analysis of Industrial Design on Geprek Bensu Food Packaging (Case Study of Verdict Number 16/Pdt. Sus-Desain Industri/2020/PN Niaga.Jkt.Pst. jo. Verdict Number 162 K/Pdt.Sus-HKI/2021) Keren Aras Hana; Simona Bustani
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.v2i2.22927

Abstract

Law Number 31 of 2000 on Industrial Designs mandates the registration of an Industrial Design to obtain legal rights over it. In the industrial design dispute between Ruben Samuel Onsu and Benny Sujono, the protection of Ruben Samuel Onsu’s Industrial Design failed due to issues regarding its novelty, although the design was successfully registered. This research is normative juridical and descriptive-analytical in nature, using secondary data comprising primary and secondary legal materials through literature study. The data were processed qualitatively and conclusions were drawn deductively. The identified problem in this study is the suboptimal legal protection of industrial designs due to the absence of a mandatory and permanent substantive examination mechanism. Based on the results and conclusion of the study, it is concluded that Benny Sujono does not have sufficient legal interest to request the cancellation of the industrial design right, as the legal interest under Article 38 of the Industrial Design Law encompasses not only economic interest but also personal interest recognized by law. Decision No.16/Pdt.Sus-Desain Industri/2020/PN Niaga.Jkt.Pst. jo. Decision No.162 K/Pdt.Sus-HKI/2021 does not fully reflect the provisions of the Industrial Design Law, particularly regarding novelty examination, thus requiring further regulation on mandatory substantive examination and clarification of ambiguous terminology in industrial design law.
PUTUSAN NOMOR 465K/PDT.SUS-HKI/2023 TENTANG PENGGUNAAN ALAT BUKTI PADA SENGKETA MEREK: Decision Number 465K/Pdt.Sus-HKI/2023 Concerning the Use of Evidence in Trademark Disputes Tias Pinky Ananda; Goeltom, Elfrida Ratnawati
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.v2i2.22930

Abstract

This study aims to examine the legal reasoning in Supreme Court Decision Number 465K/Pdt.Sus-HKI/2023 concerning the use of evidence in a trademark dispute. The main focus is to assess whether the evidentiary process aligns with the provisions of the Indonesian Civil Procedure Code (HIR/RBG), and to analyze the legal consequences of trademark protection granted to the prevailing party in cases where the judicial reasoning does not fully satisfy the procedural standards of evidence. This normative juridical research employs a qualitative approach, utilizing both primary and secondary legal sources analyzed descriptively. The identification of the issue in this study lies in the procedural inadequacy of trademark certificates submitted as legal evidence. Based on the findings and conclusion, it is concluded that in Decision Number 465K/Pdt.Sus-HKI/2023, Mohindar H.B, as the registered trademark holder of Number 173934 "Polobyralphlauren" along with the horse-riding logo, retains legal protection despite the certificate failing to meet formal evidentiary standards. The Supreme Court’s rejection of the cassation filed by PT. Polo Ralph Lauren Indonesia further strengthened Mohindar H.B's legal standing as the legitimate trademark holder.
SANKSI PIDANA PELAKU TINDAK PIDANA DENGAN ANCAMAN KEKERASAN DAN TIPU MUSLIHAT MELAKUKAN PERSETUBUHAN PADA ANAK (PUTUSAN NOMOR 65/PID.B/2021/PN.SBS): Criminal Sanctions Against Perpetrators of Criminal Acts with Threats of Violence and Deception Leading to Sexual Intercourse with a Child Dhea Andini; Eriyantouw Wahid
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.v2i2.22931

Abstract

Sexual violence against children, particularly in the form of forced sexual intercourse, is a critical issue worldwide, as perpetrators of such crimes are often individuals close to the child victim, such as family members. The identification problem discusses the legal provisions that should be applied in cases where the child is the victim and a family member is the perpetrator, as well as the appropriate sentencing measures to address similar issues. The research employs a descriptive normative approach, using secondary data which is processed qualitatively through deductive reasoning. The result and conclusion of the study indicate that the imposition of an 8-year prison sentence does not align with the objectives of criminal punishment, as there should have been an aggravated sentence with an additional one-third of the primary sentence, considering that the perpetrator had a familial relationship with the child victim.
PEMENUHAN HAK DAN KESEJAHTERAAN ANAK YANG DIPEKERJAKAN DI KLUB MALAM NAGOYA, KOTA BATAM: Fulfilling The Rights And Welfare Of Children Employed At Nagoya Night Club, Batam City Natalia Wulandari Hutagaol; Wahyuni Retno Wulandari
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.v2i2.22993

Abstract

This research discusses the fulfillment of the rights and welfare of children who work in Nagoya nightclubs, Batam City, based on Law Number 4 of 1979 concerning Child Welfare. Article 1 paragraph 1a of the Law emphasizes that children's welfare includes spiritual, physical and social aspects, while Article 1 paragraph 12 of Law Number 35 of 2014 emphasizes children's rights as part of human rights which must be guaranteed by the county. This research is descriptive in nature with a socio-legal approach and uses primary data from interviews. The research results and the conclusion show that economic and environmental factors cause children to work, while parents do not carry out their responsibilities. Apart from that, the government is considered to be paying little attention to the working conditions of children in the area, and Batam City Regional Regulation Number 5 of 2013 has not been implemented effectively in overcoming this problem.
HUKUMAN DISIPLIN TERHADAP ASN YANG MELAKUKAN PENCALOAN CPNS MENURUT UNDANG-UNDANG NO.5 TAHUN 2014 TENTANG APARATUR SIPIL NEGARA (PUTUSAN NOMOR 4/G/2023/PT.TUN.JKT): Disciplinary Punishment on Civil Servants (ASN) Involved in CPNS Brokerage According to Law No. 5 of 2014 on State Civil Apparatus (A Decision Number 4/G/2023/PT.TUN.JKT) Irvandi Putra; Reni Dwi Purnomowati
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.v2i2.22994

Abstract

Disciplinary Punishment for ASN Nomination for CPNS according to Law No. 5 of 2014 concerning the State Civil Apparatus. The identification of the problem in this article is whether the imposition of penalties on ASN who nominate for CPNS within the Ministry of Law and Human Rights is in accordance with Law Number 5 of 2014 concerning the State Civil Apparatus and what are the legal consequences of decision number 4/G/2023/PT. TUN. JKT on the ASN staffing. The type of research used is normative legal research based on descriptive secondary data and analyzed qualitatively with deductive conclusions. The results of the research and conclusion in this case, what happened to the plaintiff, namely LYZA ZASTAVARY, sued the chairman of BPASN and the Minister of Law and Human Rights for the imposition of disciplinary punishment in the form of disrespectful dismissal. In this case, the plaintiff is considered to have violated the obligations and prohibitions of civil servants by committing fraud, fraud, and embezzlement in the receipt of CPNS. Because he felt unfair, plaintiff filed a lawsuit on the grounds that the weight of the punishment was not proportional to the weight of the error in application of the phrase "brokerage".
PERLINDUNGAN KONSUMEN TERHADAP IKLAN YANG MENGANDUNG JANJI BELUM PASTI DALAM PERDAGANGAN ELEKTRONIK: STUDI TERHADAP IKLAN VITAMIN ANAK GENEROS: Consumer Protection Against Advertisements Containing Uncertain Promises in Electronic Commerce: A Study of Advertisements for Generos Children's Vitamins Abigail Herlin Wibowo Putri; Sharda Abrianti
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.v2i2.22995

Abstract

There are still many advertisements displayed via electronic commerce in Indonesia that do not comply with the regulations relating to advertising. One of them is an advertisement for "Generos children's vitamins" which claims to be able to overcome speech delays in children. This is detrimental to consumers as a result of the claims contained in advertising and cannot operate scientifically. Identification problem raised is whether the advertisement for "Generos children's vitamins" is included in the category of advertisements that contain uncertain promises and  based on consumer protection law. This research uses normative and descriptive methods, data sources use primary and secondary data, qualitative data analysis, and conclusions are drawn using deductive reasoning. The results and the conclusion of this research analysis are an explanation regarding the advertisement "Generos children's vitamins" which can be classified as an advertisement that contains uncertain promises.
PENCEMARAN AIR DI SUNGAI CIPANAWUAN AKIBAT PEMBUANGAN SAMPAH TPA SARIMUKTI: Water Pollution of the Cipanawuan River Due to the Disposal of Garbage From the Sarimukti Landfill Zakiyah Dwi Hasanah; Irene Mariane
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.v2i2.22996

Abstract

The environment has an important role in human life. However, there are often environmental problems, especially regarding water pollution. The formulation of the problem studied is how to regulate water pollution in the river and the responsibility of the Sarimukti Landfill for water pollution in the Cipanawuan River. The type of research used is normative legal research, and the nature of descriptive research, then the conclusion is drawn deductively. The result research and conclusion is the water pollution caused by the Sarimukti final processing site has violated the river water quality standards set out in Article 113 paragraph (3) listed in Appendix VI of Government Regulation Number 22 of 2021. As well as violating the leachate quality standards stipulated in Article 3 paragraph (2) in Appendix I of the Regulation of the Minister of Environment and Forestry Number 59 of 2016 and UPTD PSTR as the technical implementing unit has established Standard Operating Procedures, the Sarimukti Landfill has carried out its responsibilities only technically, by article 87 of Law Number 32 of 2009 concerning Environmental Protection and Management, responsibility must be in the form of providing compensation. However, based on standard operating procedures that have been established, there is no regulation regarding compensation mechanism for water pollution.
KEWENANGAN PEMERINTAH PROVINSI DAERAH KHUSUS IBUKOTA JAKARTA DALAM REVITALISASI PEMBANGUNAN TAMAN TEBET ECO PARK: The Authority of the Provincial Government of the Special Capital Region of Jakarta in the Revitalization of Tebet Eco Park Development Artha Noviyantri Utami; Dhany Rahmawan
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.v2i2.22997

Abstract

This research analyzes the authority of the DKI Jakarta Provincial Government in the revitalization of Tebet Eco Park. The project has been approved by the Governor of DKI Jakarta with a budget of 40 billion for the construction of fencing, installation of bridge sensors, and construction of a plaza equipped with public facilities. This research aims to understand the relationship between the central and local governments in the revitalization authority based on regional autonomy and the principles of local government. The research method used is normative juridical with descriptive nature, using secondary data and interviews, as well as qualitative analysis and deductive inference. The results and the conclusion showed that the authority of the DKI Jakarta Provincial Government is in accordance with the 1945 Constitution Article 18 paragraph (2), Law No. 23 of 2014, Law No. 29 of 2007, and PP No. 18 of 2016, which includes the legitimacy of revitalization from planning to management. The DKI Jakarta Provincial Government has also carried out revitalization supervision according to its authority even though the implementation is by a third party.
PERMASALAHAN PENERBITAN SERTIPIKAT BERDASARKAN AKTA JUAL BELI DI KECAMATAN CILINCING, JAKARTA UTARA: Problems Of Issuing Certificates Based On Deeds Of Sale And Purchase In Cilincing District, North Jakarta Agung Daniel Panogari Simanjuntak; Dinda Keumala
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.v2i2.22998

Abstract

The transfer of rights through sale and purchase must be evidenced by a Sale and Purchase Deed made by the Land Deed Official (PPAT), which serves as proof of the transfer of rights from the seller to the buyer and for land registration purposes. The identification of the problem in this research is the validity of five Sale and Purchase Deeds made before Slamet Musyianto, S.H., PPAT in North Jakarta Administration City and whether the issuance of five certificates in the name of Aspah Supriadi derived from those deeds in the PTSL program in Cilincing District by the Land Office of North Jakarta Administration City complies with the National Land Law provisions. This research uses a normative type with a descriptive nature. Secondary data was collected through literature study. Analysis was conducted qualitatively with conclusions drawn deductively. Based on the research results and conclusions, it is concluded that the Sale and Purchase Deeds made before the PPAT are invalid because they do not meet the requirements of land sale and purchase under the National Land Law and the criteria for making Sale and Purchase Deeds. Furthermore, the issuance of certificates under the PTSL program does not comply with applicable regulatory provisions.

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