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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 357 Documents
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SENGKETA STATUS SILALA ANTARA BOLIVIA DAN CHILE BERDASARKAN UNWC 1997: Dispute on the Status of Silala Between Bolivia and Chile Based on UNWC 1997 Balqis, Devina Nuzlia; Budianto, Anto Ismu
AMICUS CURIAE Vol. 1 No. 1 (2024): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v1i1.19641

Abstract

Territorial disputes are border issues between countries that often occur internationally. As happened in the relationship between Bolivia and Chile regarding the dispute over the Silala River, the use of Silala waters began in 1906. Where the two countries were involved in disputes regarding the status and use of Silala. Bolivia emphasized that the Silala spring did not meet the requirements to be considered an international waterway due to the canalization and that Chile had to pay compensation. On the other hand, Chile claims Silala as an international waterway. With these overlapping claims, Silala disputes cannot avoided. This dispute was submitted to the International Court of Justice by Chile on June 6, 2016. This research examines the status of Silala based on UNWC 1997 and the efforts taken by the two countries in resolving the Silala waters dispute. This research is a normative legal research that was collected based on literature studies and analyzed qualitatively with deductive methods and using secondary data. From
PEMBATALAN PERKAWINAN KARENA KAWIN PAKSA MENURUT HUKUM KELUARGA ISLAM DI INDONESIA : Marriage Cancellation Due To Forced Marriage According To Islamic Family Law In Indonesia Husen, Nur Afni; Setyaningsih
AMICUS CURIAE Vol. 1 No. 1 (2024): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v1i1.19642

Abstract

The Tangerang Religious Court has decided to cancel marriage due to forced marriage with Number 2801/Pdt.G/2018/PA.Tng where the husband requests to cancel the marriage because the marriage was carried out by force. The 2 (two) main issues raised are whether forced marriages can be used as a reason for annulment of marriages based on Islamic family law in Indonesia and whether the decision of the Tangerang Religious Court is in accordance with Islamic family law in Indonesia or not. The research was conducted normatively with the nature of descriptive-analytical research and drawing conclusions using deductive logic methods. Forced marriage causes disputes in the household, so it can be a reason for filing an annulment of marriage. Tangerang Religious Court Decision No. 2801/Pdt.G.2018/PA.Tng states that the marriage annulment is granted so that, in this case, the marriage annulment has fulfilled the reasons according to the provisions of Article 71 letter (f) Compilation of Islamic Law which was caused by coercion. Thus, the decision is appropriate based on a review of Islamic family law in Indonesia.
PENGGUNAAN KARYA CIPTA FONT ‘OM TELOLET OM’ PADA PRODUK GREENFIELDS: The Use of Copyright Works in the the Form of Font ' Om Telolet Om' on Greenfields Product Izabelle, Stella Monica; Nugrahani, Rr. Aline Gratika
AMICUS CURIAE Vol. 1 No. 1 (2024): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v1i1.19645

Abstract

As the owner of the ‘Om Telolet Om’ font, Arwan OD objected to using his font for the Greenfields brand. The font is used in writing attached to the Greenfields milk packaging. This study aims to find out how the Copyright Law protects fonts as copyrighted works and whether the use of the ‘Om Telolet Om’ font by Greenfields products is a copyright infringement. The research uses normative legal research methods, with secondary data supported by primary data. Based on the results of the research, it is known that based on Article 40 of the Copyright Law Number 28 of 2014, fonts are copyrighted works in the field of calligraphy art so the use of the font ‘Om Telolet Om’ without permission on greenfields milk packaging is a violation of the economic rights of the creator.
PENGGUNAAN ASAS SEDERHANA DALAM PENDAFTARAN TANAH ELEKTRONIK (STUDI KASUS KANTOR PERTANAHAN KOTA TANGERANG): Use of Simple Principle Electronic Land Registration (Case Study of Tangerang City Land Office) Hermanto, Suluh Annastasya; Indiraharti, Novina Sri
AMICUS CURIAE Vol. 1 No. 1 (2024): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v1i1.19661

Abstract

Electronic land registration begins with the government's innovation to create a simple principle in land registration services, with the problem of whether the simple principle of electronic land registration at the Tangerang City Land Office is in accordance with the applicable provisions, and how to resolve the law if there are legal constraints in electronic land registration at the Tangerang City Land Office. The methodology of research used in this journal is normative research with The conclusion of this research is a simple principle in land registration regulated in article 2 of Government Regulation No. 24 of 1997 aims to make the procedure of land registration easier to understand and does not take long, however its implementation has not been fulfilled and in its implementation there are also legal obstacles, namely that there is often a data mismatch with those in the field which has an impact on legal
PEMIDANAAN TERHADAP PELAKU TINDAK PIDANA PENCEMARAN NAMA BAIK MELALUI ITE: The Crimination of Persons of Criminal Actions Through Information and Electronic Transactions Law Waskita, Wira Yudha Rangga; Sutrisno
AMICUS CURIAE Vol. 1 No. 1 (2024): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v1i1.19662

Abstract

A crime without the right to distribute electronic documents containing insults and/or defamation (Decision number 111/Pid.Sus/2022/Pn Mtr). The main issues are 1) How are the actions of the perpetrators of criminal acts without the right to distribute Electronic Information which contains insults and/or defamation content is appropriate or not subject to Article 27 paragraph (3) jo. Article 45 paragraph (3) of Information and Transaction Law (Study of decision No.111/Pid.Sus/2022/PN Mtr) ? 2) How are the criminal sanctions against the perpetrators of the criminal act of Defamation in accordance with the purpose of punishment? (Put No.111/Pid.Sus/2022/PN Mtr). This study uses a descriptive type of normative legal research using secondary data which is analyzed qualitatively using deductive inferences. The conclusions of the study are 1) The sentence of the judge in the decision number 111/Pid.Sus/2022/Pn Mtr ​​is incorrect based on Article 27 paragraph (3) jo. Article 45 paragraph (3) of Information and Transaction Law 2) Criminal sanctions against perpetrators of criminal acts without distribution rights Electronic Information that contain insults and/or content accessible. or defamation in decision number 111/Pid.Sus/2022/Pn Mtr ​​is not in accordance with the purpose of sentencing.
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 Muhajir, Ahmad; Multiwijaya, Vientje Ratna
AMICUS CURIAE Vol. 1 No. 2 (2024): Amicus Curiae
Publisher : Faculty of Law, 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
TANGGUNGJAWAB PIDANA TERHADAP PELAKU TINDAK PIDANA PENIPUAN DAN PENGGELAPAN (PUT. NO. 1103/PID.B/2021/PN.JKT.SEL): Criminal Responsibility Against the Persons of the Criminal Acts of Fraud and Embracement (Decision. NO. 1103/PID.B/2021/PN.JKT.SEL) Pratama, Alvinza Aditya; Prastopo
AMICUS CURIAE Vol. 1 No. 2 (2024): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v1i2.19739

Abstract

one of the causes of criminal acts of fraud is that the perpetrator can convince the victim with his deceit and false prestige. the defendant deceived the victim by pretending to be a State Civil Apparatus (ASN) and used the victim to commit his crime by committing fraud and embezzlement. This is in line with the beginning of the case which is the object of this research. The research method used in writing this thesis is a normative legal research method. This research is analytical descriptive in nature, using secondary legal data and primary, secondary and tertiary legal materials, collected from the results of library research, then processed qualitatively. The results of data processing from research results are concluded with the deductive method. Based on the research that has been done, it can be concluded that the criminal responsibility applied by the Panel of Judges is not quite right, the perpetrators should have applied criminal responsibility using two articles, namely the crime of fraud and embezzlement. The Panel of Judges when examining and deciding cases is more careful based on the facts of the trial, the evidence is available so that there is no mistake in deciding a criminal case.
UNSUR TINDAK PIDANA DAN SANKSI PIDANA TERHADAP PELAKU TINDAK PIDANA PENYEBARAN GAMBAR PORNOGRAFI: Elements Of Criminal action And Criminal Sanctions Against Person Of The Criminal Action Of Electronic Pornography Images) Davita, Bunga; Setiyono
AMICUS CURIAE Vol. 1 No. 2 (2024): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v1i2.19740

Abstract

Currently the world is increasingly connected to each other, pornography can be freely accessed without any restrictions by irresponsible parties. This ultimately has an impact on changes in values, moral norms, and decency, so the author will examine and discuss cases of distributing pornographic images electronically based on the Payakumbuh District Court Decision Number 4/Pid.Sus/2022/PN Pyh. So the formulation of the problem in this study is: is there a compatibility between the Defendant's actions and the provisions of Article 27 (1) of the ITE Law and whether it can be prosecuted based on Article 27 paragraph (1) ) of the ITE Law. This study uses normative legal research methods using secondary data consisting of primary, secondary and tertiary. The nature of this research is descriptive. then analyzed qualitatively. draw conclusions with the deductive method. Based on the analysis carried out, a link was achieved between the act and the provisions of Article 27 paragraph (1) of the ITE Law, so that the judge's acquittal against the defense was inappropriate. does not fulfill a sense of justice and sanctions should be based on the provisions of Article 45 paragraph (1) in conjunction with Article 27 paragraph (1) of the ITE Law
PEMBERIAN GANTI KERUGIAN DALAM PENGADAAN TANAH DI BAWAH 5 (LIMA) HEKTAR DI KOTA BEKASI (STUDI KASUS PROYEK PEMBANGUNAN INSTALASI PENGELOLAAN AIR (IPA)): Granting of Compensation in Land Procurement under 5 (Five) Hectars in Bekasi City (Case Study of Water Management Instalation Development Project) Sari, Fary Fitriana Gita; Sihombing, Irene Eka
AMICUS CURIAE Vol. 1 No. 2 (2024): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v1i2.19741

Abstract

The purpose of this study is to describe the provision of compensation in land acquisition under 5 (five) hectares in Bekasi City and in this case makes the author conduct further research with the formulation of the problem whether the process of providing compensation in land acquisition under 5 (five) ) hectares in Bekasi City (Case Study of the Water Management Installation Project Development Project is in accordance with Law Number 2 of 2012 and how to provide compensation in the procurement of land under 5 (five) hectares in Bekasi City (Case Study of the Installation Construction Project Water Management in terms of the position of the community with ownership status of Freehold Land and State Land.The research conducted is normative legal research, with the nature of descriptive research, the type of data used is secondary data.The research is conducted qualitatively by drawing deductive logical conclusions. The results of the research are that the process of providing compensation to the project is in accordance with Law Number 2 of 2012, but in the process of providing compensation there are obstacles at the deliberation stage where the community objects to the results of the compensation assessment and also to the people who use the land and constructing buildings on state land The author's conclusion regarding the obstacles that have occurred have been resolved by the land procurement committee.
PENGARUH KEBIJAKAN ONE CHINA POLICY TERHADAP KEDAULATAN WILAYAH NEGARA TAIWAN DITINJAU DARI HUKUM INTERNASIONAL: The Influence of the One China Policy on Taiwan’s Territorial Sovereignty From the Perspective of International Law Firman, Hamdi Firdaus; Wibowo, Aji
AMICUS CURIAE Vol. 1 No. 2 (2024): Amicus Curiae
Publisher : Faculty of Law, 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.

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