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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 376 Documents
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PERBANDINGAN SISTEM KEPARTAIAN DAN KAITANNYA DALAM PEMILIHAN PRESIDEN DI INDONESIA DAN FILIPINA: Comparison Of Participation Systems And Its Relationships In Presidential Elections In Indonesia And Philippines Darmansyah, Irawan Ro; Sulistyowati, Tri
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.v1i2.19744

Abstract

The emergence of political parties in a country can determine its political system. Each democratic countries has its own way to elaborate their peoples right to vote and to elaborate any political parties to carry their strong member as President and Vice President in an election. This research used normative juridical research and comparative method where the conclusion were drawn using deductive method. In this research, two democratic country will be compared. Indonesia and Philippines has many similarities trough the differences in their political party system related to presidential election. Multi party system is used in both countries. There are similarities in the form of implementation of voting rights, nominating candidates through political parties, and nominating parties as election participants. Therefore the difference is known in the authority of the election commission, presidency period, the threshold for presidential nomination, the election round system, the vote counting mechanism, and the voting system. This differences and similarities generate values that can be developed such as general conditions for the establishment of political parties, the presidential thresholds, and utilize a vote counting machines to calculate the results of vote recapitulation.
PENERAPAN ASAS KELANGSUNGAN USAHA (BUSINESS GOING CONCERN) DALAM SISTEM HUKUM KEPAILITAN INDONESIA: Application of the Business Going Concern Principle in the Indonesian Bankruptcy Law System Manangi, Izra Charistulus; Wicaksana, Arif
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.v1i2.19748

Abstract

One of the four principles stipulated by Law Number 37 of 2004 concerning Bankruptcy and Suspension of Obligations for Debt Payment is the Business Continuity Principle. The concept of business continuity which is also called "Business Going Concern" focuses on the continued existence of the debtor company, so that it is hoped that bankruptcy will not occur. The problem is how to implement Law Number 37 of 2004 concerning the Principles of Business Continuity; Meanwhile, data processing was carried out qualitatively, normative research was carried out to find answers to these problems, and deductive methods were used to draw conclusions. The existing analysis results in the conclusion that Article 179 to Article 184 of Law Number 37 of 2004 justifies the application of the Business Continuity Principle.
PENDEKATAN RULE OF REASON DALAM PRAKTIK DISKRIMINASI PADA PUTUSAN KPPU TAHUN 2020: Rule Of Reason Approach To Discrimination Practices In The 2020 KPPU Decisions Mardohar, Joice Chintya; Anggraini, Anna Maria Tri
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.v1i2.19751

Abstract

Discriminatory practices are common in business competition and this is not prohibited as long as it does not lead to unfair business competition. The thesis discusses 3 (three) KPPU decisions in 2020 regarding allegations of discriminatory practices committed by business actors. The main problem in this thesis is how the actions of business actors can fulfill the element of violation and how to apply the rule of reason approach in Article 19 point d of Law Number 5 of 1999 in the 2020 KPPU Decisions. This thesis is a normative descriptive using secondary data in the form of journals or books and primary data in the form of interviews with KPPU and data processing is carried out qualitatively, and conclusions are drawn using deductive logic. The conclusion from this study is that discriminatory acts cause obstacles in vertical business relations and are in the relevant market which are different but interrelated and often occur in the essential facilities sector. Discriminatory practices can occur effectively if the KPPU's business actors use the application of the rule of reason in handling the case, in which the result is that discriminatory practices can only run effectively if the business actors are in the position of highest market control.
PERBANDINGAN HUKUM TATA NEGARA MENGENAI FUNGSI PENGAWASAN PARLEMEN ANTARA INDONESIA DAN SWEDIA: Comparison of constitutional law regarding the parliamentary oversight function between Indonesia and Sweden Ervo, Jhenlee; Primananda, Eko
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.v1i2.19752

Abstract

The oversight function is the assignment of people’s representative organizations so government strategies and projects can be executed to make social government assistance and assume a significant part in the organization of state administration.The primary issue is,How does Indonesia's parliamentary authority compare to Sweden's,and what are the similarities and differences between Indonesia's and Sweden's oversight functions?This study uses normative research methods regarding comparative law based on statutory regulations,using secondary data obtained from a literature review,which is then qualitatively analyzed before the deductive method is used to draw conclusions.The conclusion is that a separate law regulates the comparison of parliamentary authority between Indonesia and Sweden regarding the regulation of parliamentary authority.The similarities in how the oversight function is carried out are then connected to the fact that it is governed by the law itself;the existence of special parliamentary function rules;the ability of the Indonesia People’s Representative organisation (DPR) to file a motion of no confidence in the government; the oversight of the implementation of laws and utilize your right to voice your opinions.The differences include: Execution of the obligations and powers of the parliamentary oversight function,;The parliamentary oversight function is categorized as supervision outside the institution and;Execution of inquiry rights.
TINJAUAN YURIDIS MENGENAI KLAIM ASURANSI JIWA YANG TIDAK DIBAYARKAN OLEH ASURANSI JIWA BERSAMA BUMIPUTERA 1912: Juridical Review of Life Insurance Claims That Are Not Paid By Asuransi Jiwa Bersama Bumiputera 1912 Septianita, Khalisha Erfira; Lestari, Suci
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.v1i2.19753

Abstract

AJB Bumiputera 1912 does not pay the insurance claims of its policyholders, especially the policies belonging to Mrs. Marlindawati and Mr. Rudhi Mukhtar. The problem is how is the form of AJB Bumiputera 1912's responsibility for non-payment of insurance claims to its policyholders based on insurance law. The research method used is normative, descriptive-analytic in nature, the main data is secondary data supported by interviews, the method of collecting data is by means of literature studies and interviews, qualitative analysis and the method of drawing conclusions is by means of a deductive method. The conclusion of the research is that according to insurance law AJBB must be responsible based on Article 40 paragraph (1) POJK 69/2016, but because AJBB is in the form of a joint venture, Article 33 paragraph (5) AD AJBB regulates losses to be borne by the policyholder as well. Suggestion: AJBB to immediately resolve its liquidity problems and fulfill its obligations and its policyholders can use deliberations to reach a consensus, mediation and arbitration, and file for PKPU or bankruptcy.
PENYELESAIAN SENGKETA PHK TANPA PERUNDINGAN BIPARTIT PADA PENGADILAN NEGERI KOTA SEMARANG (STUDI PUTUSAN NOMOR 56/PDT.SUS-PHI/2019/PN SMG): Settlement of Layoff Disputes Without Bipartite Negotiations at the Semarang City District Court (Study of Decision Number 56/Pdt.Sus-PHI/2019/PN Smg) Adriani, Kania; Pamungkas, Yogo
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.v1i2.19754

Abstract

Termination of employment is an event that is very feared for employees because it involves loss of livelihood. One of the disputes in industrial is the layoff dispute. In the settlement of layoff disputes, there are several stages carried out, including Bipartite, which stage cannot be missed by both parties, whis stage of industrial relations dispute settlement must be carried out. The problems in this study are how the process of resolving layoff disputes between Fauzizah and PT Hansae Ace Apparel and whether the process of resolving layoff disputes between Fauzizah and PT Hansae Ace Apparel is in accordance with Law Number 2 of 2004. To get the answers above, a type of research is used. Normative law based.
BANTUAN HUKUM OLEH DIVISI HUKUM POLISI REPUBLIK INDONESIA YANG MELAKUKAN TINDAK PIDANA (STUDI PUTUSAN NOMOR : 372/PID.B/2020/PN.JKT.UTR.): Legal Assistance By The Legal Division Of The Republic Of Indonesia Police Who Commit Criminal Offenses (Study Decision Number: 372/Pid.B/2020/PN.Jkt.Utr.) De Rinus, Maria Filfrida; 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.v1i2.19755

Abstract

- Provision of Legal Assistance provided by the Legal Division of the Police of the Republic of Indonesia to Police officers who have committed Serious Abuse in Decision No: 372/pid.B/2020/PN.Jkt.Utr. The main problem of this thesis is whether the provision of legal assistance by the Legal Division of the Indonesian Police to members of the Police who committed criminal acts of serious abuse in Decision No. 372/Pid.B/2020/PN.Jkt.Utr. and whether the consequences of using the Advocate Attributes provided by the Legal Division of the Indonesian Police are in accordance with existing laws and regulations. The type of research used is normative juridical using secondary data, qualitative data analysis, and drawing conclusions using deductive methods. Based on the analysis, it is known that the provision of legal assistance by the National Police Legal Division to Police Officers in the Crime of Serious Persecution is in accordance with National Police Chief Regulation no. 2 of 2017 which is in conflict with article 13 paragraph (2) of PP No. 3 of 2003 concerning the Implementation of Institutional Technical General Courts for Members of the Indonesian Police and the use of advocate attributes by the police in trials is contrary to Constitutional Court decision No.: 89/PUU-XV/2017 and Article 25 paragraph (1) Law no. 18 of 2003 concerning Advocates.
PERBANDINGAN TINDAK PIDANA PENCURIAN DATA PRIBADI ANTARA NEGARA REPUBLIK INDONESIA DENGAN NEGARA SINGAPURA: Comparison Of Personal Data Theft Criminal Actions Between The Republic Of Indonesia And The State Of Singapore Emmanuela, Michele; Widjajanti, Ermania
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.v1i2.19756

Abstract

Personal data is certain personal data that is stored, maintained, maintained true and protected confidentially. Currently, there is a rampant theft of personal data to get financial benefits. Indonesia regulates in Law Number 27 of 2022 concerning Personal Data Protection which has just been passed. Singapore has had regulations since 2012, namely the PersonaI Data Protection (Amendment) Act No. 40 of 2020. Research is carried out normatively, the nature of analytical descriptive research and drawing deductive logic conclusions. In Indonesia, the crime is regulated in Article 67 of Law Number 27 of 2022 concerning Personal Data Protection and Singapore is regulated in PersonaI Data Protection (Amendment) 2020 section 51. There are 4 similarities and 8 different elements of the criminal act of personal data theft. The focus of discussion in this paper is how to regulate the criminal act of personal data theft, how the similarities and differences in the elements of personal data theft in Indonesia and Singapore.
PEMIDANAAN PELAKU TINDAK PIDANA PERSETUBUHAN DAN PENCABULAN PADA ANAK (PUTUSAN NOMOR 429/PID.SUS/2021/PN.BDG): Crimination Of Persons Of Criminal Actions And Abuse Of Children (Decision Number 429/Pid.Sus/2021/PN.Bdg) Rahul, Muhammad; 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.v1i2.19757

Abstract

Punishment of the perpetrators of the crime of intercourse and obscenity against children is imposed by the judge with sanctions on the perpetrators who commit intercourse and obscenity of minors on the basis of article 81 paragraph 1 jo 76 D of Law no. 17 of 2016 concerning the stipulation of the government in lieu of law number 1 of 2016 regarding the second amendment to law number 23 of 2002 concerning child protection into law. With Study Decision Number 429/Pid.Sus/2021/PN.Bdg. In this decision there were things that were contrary to the facts. The main issues are 1) How is the punishment of perpetrators of sexual intercourse and sexual abuse of children appropriate or not based on Article 81 paragraph 1 in conjunction with Article 76 D of Law no. 17 of 2016 (Decision Number 429/Pid.Sus/2021/PN. Bdg)? and 2) Can the actions of the perpetrators of the crime of intercourse and sexual abuse of children be categorized or not as a combined crime (Decision Number 429/Pid.Sus/2021/PN. Bdg)?. This study uses a normative type that is descriptive analysis, uses secondary data obtained from literature studies, and the data is processed qualitatively by drawing deductive logical conclusions. Conclusion 1) the punishment of the perpetrators of the crime of sexual intercourse is inappropriate based on Article 81 paragraph (1) in conjunction with Article 76D of Law No. 17 of 2016, and 2) The actions of the perpetrators of the crime of sexual intercourse and sexual abuse of children are included in the combined category of criminal acts.
PELAKSANAAN KEWENANGAN DPRD DALAM ANGGARAN BIDANG PENDIDIKAN DI DKI JAKARTA PERIODE 2022-2023 : Implementation of DPRD Authority in the Education Budget in DKI Jakarta for the 2022-2023 Period Pani, Nabilah Mutiara; Purnomowati, Reni Dwi
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.v1i2.19758

Abstract

One of the duties of the DKI Jakarta DPRD in preparing and stipulating the APBD in collaboration with the local government, in this case the Regional Head, is the budget function. Basically, the budget function plays an important role in funding all initiatives planned by the government aimed at improving the community's economy and realizing its welfare. The purpose of writing this thesis is to find out the mechanism for determining the education budget in the DKI Jakarta APBD and to find out the obstacles experienced by the DKI Jakarta Provincial DPRD in exercising the authority of the budget function in the field of education. Based on the results of the research, it is found that the organization of the education sector is an obligation of the local government. The implementation of the budget function until the 3rd quarter of the local government has run programs in education management and education support programs. Although, in its implementation there are still errors in distribution. The obstacles faced by the DKI Jakarta Provincial DPRD in carrying out its budget function authority include the Covid-19 pandemic factor, individual factors, political knowledge factors, DPRD members' knowledge of the budget, and the lack of complementary data in carrying out the budget function..

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