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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. 3 (2025): Amicus Curiae" : 41 Documents clear
PEMENUHAN KESEJAHTERAAN ANAK NELAYAN DALAM BIDANG PENDIDIKAN DI KELURAHAN JAMBULA: Fulfilling The Welfare Of Fisherman Children In The Education Field In Jambula District M Ilmar Fahrezy; Wahyuni Retnowulandari
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.v2i3.23990

Abstract

Children have the right to welfare, care, upbringing and guidance based on affection in their families to grow and develop naturally, especially in terms of education, but in fact the fulfillment of education has not been met evenly throughout Indonesia as mandated by law. Therefore, the main problems of this research are: 1) How are the conditions of the growth and development of fishermen's children in the field of education in Jambula Village, Ternate City? 2) Are child welfare efforts in Ternate City in accordance with those stipulated in the Child Welfare Law? To answer these problems, this study uses a socio-relief research method, using secondary data sources and primary data, analyzed qualitatively and concluded inductively, descriptively. The results of the study stated that in Jambula Village, the implementation of fishermen's children's education has not been met due to economic problems. There are still children who are taken by their parents to sea and the government's efforts to distribute School Operational Assistance (BOS), thus ensuring that educational problems can be resolved immediately.
KEDUDUKAN ANAK PEREMPUAN BATAK DI JAKARTA DITINJAU DARI HUKUM WARIS ADAT (STUDI PUTUSAN NOMOR 151/PDT.G/2020/PN.PST): The Position of Batak Female Children in Jakarta Reviewed from Traditional Inheritance Law (Study Decision Number 151/Pdt.G/2020/Pn.Pst) Nabilah Arwi; Ning Adiasih
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.v2i3.23991

Abstract

The patrilineal system is upheld by the Batak community, which results in differing responsibilities for male and female children. As a consequence, women do not inherit property. The identification problem of this study addresses how inheritance rights for female children in the Batak community residing in Jakarta have evolved, as established by Decision Number 151/Pdt.G/2020/PN Jkt.Pst following the issuance of Jurisprudence No. 3/Yur/Pdt/2018. Additionally, it looks at the reasoning behind the judge's ruling in Case Number 151/Pdt.G/2020/PN Jkt.Pst. The study uses a descriptive methodology and normative legal research techniques, utilizing secondary data analyzed qualitatively and concluded deductively. The result and conclusion in Decision Number 151/Pdt.G/2020/PN Jkt.Pst, the inheritance rights of female children in the Batak community in Jakarta are recognized as equal to those of male children. The judge's consideration in this ruling is that female children are entitled to inheritance, which deviates from the traditional Batak customs still observed in their native regions, where inheritance such as land typically passes to male children, excluding females.
KEDUDUKAN ANAK DARI PERKAWINAN SIRI DALAM PEMBAGIAN WARIS MENURUT HUKUM KELUARGA INDONESIA (STUDI PENETAPAN  NOMOR  412/PDT.P/2023/PA.JB): The Position Of Children From Siri Marriages In The Distribution Of Heirs According To Indonesian Family Law (Study Number 412/Pdt.P/2023/Pa.Jb Trianetta Carisa Asral; Khairani Bakri
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.v2i3.23992

Abstract

Marriage, according to Law No. 1 of 1974, is a physical and spiritual bond between a man and a woman that must be registered with the state and conducted according to their respective religious teachings. Marriages that do not meet these requirements are considered siri marriages, and children born from such unions are classified as illegitimate children. This study with identification problem about inheritance rights for children born from siri marriages in Indonesian Family Law and reviews Inheritance Ruling No. 412/Pdt.P/2023/PA.JB. Using a normative approach and qualitative analysis, the study result and conclusion that Indonesian Family Law does not explicitly regulate inheritance rights for children from siri marriages. However, Supreme Court Circular No. 3 of 2023 grants them inheritance rights through wasiat wajibah (mandatory will). Based on these findings, Ruling No. 412/Pdt.P/2023/PA.JB is deemed inconsistent with the applicable family law provisions.
PERTANGGUNGJAWABAN KANADA ATAS POLUSI UDARA DI KOTA NEW YORK BARDASARKAN CONVENTION ON LONG-RANGE TRANSBOUNDARY AIR POLLUTION 1979: Canada’s Responsibility for Air Pollution in New York City Under the Convention on Long-Range Transboundary Air Pollution 1979 Eugine Vine Okteriani; Amalia Zuhra
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.v2i3.23993

Abstract

Forest fires have become an annual disaster that continues to occur in various parts of the world. The 2023 forest fires in Canada were considered severe. The 2023 wildfire season in Canada was extraordinary, with more than 5,700 fire incidents having burned 13.7 million hectares by August 16, 2023, since the start of the fire season. The identified issue is whether Canada should be held responsible for air pollution in New York under the 1979 Convention on Long-Range Transboundary Air Pollution (CLRTAP) and whether the measures taken by Canada to address air pollution in New York have been in accordance with the provisions of the 1979 CLRTAP. The method employed is normative legal research, a descriptive-analytical approach that utilizes secondary data, incorporates qualitative data analysis, and employs deductive reasoning. The results of the study indicate that Canada should be held responsible for the air pollution in New York City, as Canada has fulfilled the elements of state responsibility as stipulated by the 1979 CLRTAP, and that Canada’s measures have complied with the convention through international cooperation.
PENGGUNAAN KARYA CIPTA PROGRAM KOMPUTER OJEKBINTARO OLEH PT. GOTO GOJEK TOKOPEDIA,TBK BERDASARKAN UNDANG-UNDANG NOMOR 28 TAHUN 2014 TENTANG HAK CIPTA: The Use of Computer Program Copyright Works Ojekbintaro by PT. Goto Gojek Tokopedia, Tbk Based On Law Number 28 Of 2014 On Copyright Alshafa Cinta Aquarianto; Simona Bustani
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.v2i3.23994

Abstract

A computer program is considered a form of creative work protected by copyright law. With the rapid development of technology, it has become easier for plagiarism of creative works to occur. One notable case of copyright dispute involving computer programs is the copyright dispute between Hasan Azhari, the creator of the Ojek Bintaro computer program, and PT. Goto Gojek Tokopedia, Tbk. In this case, the method of ordering an online motorcycle taxi through the Gojek application was found to have substantial similarities with the Ojek Bintaro computer program created by Hasan Azhari. The identification problem discussed in this article are whether the use of the Gojek application infringes the copyright of the creator of the Ojek Bintaro computer program (http://ojekbintaro.blogspot.com) based on Law No. 28 of 2014 on Copyright. This research employs a normative legal research method with a descriptive nature and is analyzed qualitatively, with conclusions drawn based on a deductive reasoning pattern. The result and conclusion indicates that the use of the Gojek application infringes the copyright of the creator of the Ojek Bintaro computer program, as the model for the Ojek Bintaro online motorcycle taxi program was established earlier in 2008, before Gojek was founded in 2010.
TANGGUNG JAWAB SOSIAL DAN LINGKUNGAN PERUSAHAAN PADA KSO PERTAMINA EP – SAMUDRA ENERGY BWPMERUAP DI KABUPATEN SAROLANGUN JAMBI: Corporate Social And Environmental Responsibility of the KSO Pertamina EP – Samudra Energy BWPMeruap in Sarolangun Regency, Jambi Ifsaa Aaliya Saheera; Sri Bakti Yunari
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.v2i3.23995

Abstract

Article 74 of Law Number 40 of 2007 on Limited Liability Companies mandates that Companies that carry out their business activities in the field and/or related to natural resources are required to implement Social and Environmental Responsibility. The problems discussed in this study are how the implementation of Social and Environmental Responsibility is carried out by KSO Pertamina EP – Samudra Energy BWPMeruap and the obstacles in implementing the Social and Environmental Responsibility. The type of research used is normative legal research using secondary data and supported by primary data in the form of interview. The nature of this reserach is descriptive by conducting qualitative analysis and drawing conclusion deductively. Based on the result of the analysis of the Corporate Social and Environmental Responsibility carried out by KSO Pertamina EP – Samudra Energy BWPMeruap has been implemented but has not been optimal, due to legal and non-legal obstacle.
KEWENANGAN KEPALA DESA DALAM PENYALURAN DAN PELAPORAN BANTUAN LANGSUNG TUNAI DI DESA JASINGA KABUPATEN BOGOR JAWA BARAT TAHUN 2022: Authority of Village Head in Distribution and Reporting of Direct Cash Assistance in Jasinga Village, Bogor Regency, West Java in 2022 Arie Pradana Putra; Reni Dwi Purnomowati
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.v2i3.23996

Abstract

One of the social problems that Indonesia still faces is the high poverty rate. Various factors contribute to this condition, including the COVID-19 pandemic that occurred in 2020. The pandemic prompted the government to launch the Direct Cash Transfer (BLT) programme aimed at the rural poor. The distribution of BLT is a form of the government's social responsibility in an effort to restore the economic conditions of villagers. The identification of the problem in this article is about the authority of the village head in managing BLT in Jasinga Village, Bogor Regency in 2022. Based on the results of the research, it is concluded that the village has a strategic position in regulating and fulfilling the needs of its community. Then, based on the principles of diversity, participation, genuine autonomy, democracy, and community empowerment, the village has the authority to implement the programme.
PENERAPAN SURAT DAKWAAN SUBSIDAIR DALAM KEMATIAN ANAK: Application Of Subsidiary Indictment In Child Death Cases Antonius Sihmiyanto; Maria Silvya E. Wangga
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.v2i3.23997

Abstract

The indictment is a crucial part of the criminal justice process, because it plays a role in directing the course of the case examination in court. In cases involving children as defendants, the preparation of the indictment must be prepared by considering the principles of child protection as stated in Law No. 11 of 2012 concerning the Juvenile Criminal Justice System (UU SPPA). This study focuses on a juvenile criminal case involving a juvenile defendant who was charged with committing abuse resulting in death. The indictment prepared by the prosecutor includes Article 340, Article 338, and Article 351 Paragraph (3) of the Criminal Code with an alternative indictment. The identification problem studied in this study is the Application of Subsidiary Indictments in Cases of Child Death Based on the Criminal Procedure concerning the Juvenile Justice System. The research method used is the normative legal method with a descriptive-analytical approach. The research data was obtained through a literature study of primary, secondary, and tertiary legal materials analyzed qualitatively. The results of the study indicate that although the application of subsidiary charges provides flexibility in the evidentiary process, in the context of juvenile justice, an approach that emphasizes restorative justice is needed.
ANALISIS KEWENANGAN KPK RI ATAS PENETAPAN TERSANGKA TINDAK PIDANA KORUPSI MILITER AKTIF PADA LEMBAGA NON MILITER: Analysis of the Authority of the KPK RI on the Determination of Active Military Corruption Suspects in Non-Military Institutions Syifa Putri Aulia; Setiyono
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.v2i3.23998

Abstract

Corruption offenses are not exclusively committed by civilians; disciplined military personnel can also be involved. A notable instance of this was disclosed by the Corruption Eradication Commission (KPK) through a sting operation (OTT) on July 27, 2023. During this operation, KPK apprehended several private individuals and the Coordinator of Administration (Koorsmin) of Basarnas RI, Lieutenant Colonel Adm Afri Budi Cahyanto. The identification problem of this analysis is the authority and legal basis for KPK RI to charge the Head of Basarnas RI and the Coordinator of Administration (Koorsmin) of Basarnas RI in the context of the procurement project for disaster victim search equipment. Additionally, it examines the legal foundation for KPK RI to designate an active military officer as a suspect in a corruption case within a non-military institution. The result and conclusion; reveals that KPK possesses the authority to handle corruption cases involving active-duty personnel who are employed in non-military institutions or organizations, even if the perpetrators are active military officers. The primary legal foundation for the Corruption Eradication Commission of the Republic of Indonesia (KPK RI) to designate a suspect in the disaster victim search equipment procurement project is Law Number 19 of 2019, which is the second amendment to Law Number 30 of 2002 on the Corruption Eradication Commission.
KATA “NENEN” SEBAGAI MEREK WARUNG: The Word “Nenen” as a Stall Brand Sinta Anjani Hastaningrum; Aline Gratika Nugrahani
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.v2i3.23999

Abstract

Trademark registration is done to provide legal protection against the use of trademarks by other parties. Protected trademarks are those that meet the registration requirements in accordance with Article 20 of Law No. 20 Year 2016 on Trademarks and Geographical Indications. However, in reality there are still many applications for trademarks that do not meet these requirements, but the registration is accepted by the Directorate General of Intellectual Property / DJKI so that the trademark is protected and one of them is the ‘Warung Nenen’ trademark. The identification of the research problem is whether the word ‘Nenen’ in the ‘Warung Nenen’ trademark meets the requirements of Article 20 of Law No. 20 of 2016 concerning Trademarks and Geographical Indications, and what is the basis for the DJKI's consideration to approve the registration of the ‘Warung Nenen’ trademark. The research method employed is normative juridical, descriptive in nature, utilizing primary and secondary data collected through interviews and literature studies, and the data are analyzed qualitatively. The conclusion shows that although the word ‘Nenen’ is less ethical/less polite, the registration of the ‘Warung Nenen’ trademark is still accepted by the DJKI as a party that has the authority to examine the trademark.

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