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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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PEMENUHAN HAK TERDAKWA DALAM PELAKSANAAN PERSIDANGAN ONLINE DI MASA PANDEMI COVID-19: Fulfilling The Defendant's Rights In Conducting Online Trials During The Covid-19 Pandemic Nadilatunnisa, Nida; Hadjar, Abdul Ficar
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.v1i2.19760

Abstract

During the Covid-19 pandemic, many activities had to be carried out online, such as learning at schools and universities. This also has an impact on the trial process which cannot be carried out in person but by means of electronic (online) criminal case trials. In the trial process at the Serang District Court, there was an irregularity in the proceedings. Where the defendants were not physically present during the trial at the Serang District Court, while the panel of judges, prosecutors and witnesses were. presented, with the witness a member of the police. Here the witness, namely a member of the police, plays the role of arresting the defendant. Therefore, based on the background explained by the author above, the author is interested in conducting further research regarding the problems that occur in the trial process, namely how the defendant's rights can be fulfilled in carrying out online trials during the Covid-19 pandemic. In this research, the type of research used is empirical juridical research. The results of this research are that the defendant's rights during the online trial are still fulfilled, and run according to the Criminal Procedure Code. Therefore, it can be concluded that the defendant's rights in the online trial process are still fulfilled. Because online trials are still carried out based on the Criminal Procedure Code and PERMA No. 4 of 2020.
TINJAUAN YURIDIS PEMBERHENTIAN TIDAK HORMAT APARATUR SIPIL NEGARA KARENA MELAKUKAN PIDANA KORUPSI: Juridical Review Disrespectful Dismissal of State Civil Apparatus for Committing Corruption Crimes Putra, Rivi Pratama; Yurikosari, Andari
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.v1i2.19762

Abstract

Every State Civil Apparatus (ASN) has an obligation to always be able to comply with all codes of ethics and regulations that govern, namely the Laws. The Disrespectful Dismissal Case committed by Daduk Agustyanta, Daduk Agustyanta's brother is a Civil Servant (PNS). The formulation of the problem in the case of Daduk Agustyanta's brother is whether the dismissal process does not respect the State Civil Apparatus based on decision Number 24/G/2021/PTUN.Sby in accordance with BKN Regulation Number 3 of 2020 concerning Technical Instructions for Dismissal of Civil Servants and what are the legal consequences for State Civil Apparatuses that are proven commit acts of corruption. Secondary and primary data are used as research supporting data, and normative law is used for descriptive research methods. using qualitative analysis and making conclusions with deductive logic. The results of the study showed that Daduk Agustyanta's brother had been dishonorably discharged based on Law Number 5 of 2014 concerning the State Civil Apparatus. Based on the discussion, the law has binding legal force because it is in accordance with the statutory hierarchy. In conclusion, the dismissal process handed down to brother Daduk Agustyanta was in accordance with the flow of dismissal stipulated in Law Number 5 of 2014 concerning State Civil Apparatuses and the legal consequences received by brother Daduk Agustyanta for committing a Corruption Crime, namely being dishonorably discharged and brother Daduk Agustyanta lost his employment rights and pension rights
ANALISIS YURIDIS TERHADAP PEMBAGIAN HARTA PENINGGALAN ALMARHUM LEMAN KEPADA AHLI WARISNYA MENURUT KUHPERDATA (STUDI PUTUSAN PENGADILAN NEGERI MEDAN NOMOR 43/PDT.G/2020/PN.MDN): Juridical Analysis of the Distribution of the Deep Leman’s Assets to His Heirs According to the Court of Data (Study of State Court Decisions Medan Number 43/PDT.G/2020/PN.MDN) Azzahra, Namira Nur; Suparsetyani, Endang
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.v1i2.19763

Abstract

Inheritance law contains the determination of who will become the heir. However, the inheritance problem itself cannot be separated from the existence of disputes regarding the distribution of inheritance to the heirs, especially if in the distribution of inheritance there is a will made by the heir, this was also experienced by the late Leman's family, the issues discussed were 1) How distribution of the inheritance of the late Leman to his heirs according to the Civil Code, 2) Whether the contents of the Decision of the Medan District Court Number 43/Pdt.G/2020/Pn.Mdn concerning the distribution of the inheritance of the late Leman to his heirs are appropriate or not according to the Civil Code, conduct research by using analytical descriptive research, where the results of the research were through qualitative and drawing conclusions using the deductive method resulting in the conclusion that 1) The distribution of the assets of the late Leman according to the Civil Code, namely Mrs. Tan Bie Tju (5/8) share, Edison (1/8) share, Verawati (1/8) share, Lilis Leman (1/8) share, and Cindy Chandra do not receive inheritance shares because there is no provision in the Civil Code that regulates the distribution of inheritance to adopted children, 2) The content of the decision of the Medan District Court Number 43/Pdt.G/2020/Pn.Mdn concerning the distribution of the inheritance of the late Lemman to his heirs is not in accordance with the Civil Code.
PEMIDANAAN PELAKU TINDAK PIDANA PERCOBAAN PEMBUNUHAN DENGAN RENCANA LEBIH DAHULU (PUTUSAN NOMOR. 214/Pid.B/2021/PN Pkb): Criminal of the Criminal of Attempted Murder with Previous Plan (Decision Number 214/Pid.B/2021/PN Pkb) Sumule, Chandra Dwijaya; 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.v1i2.19765

Abstract

The conviction of the defendant for attempted murder with premeditation is a punishment for the actions of the suspect who was emotional because he was ridiculed by the victim and intended to kill the victim then took a knife into the suspect's boat and stabbed the victim in the neck and then it was not finished because at that time someone flashed a flashlight towards the suspect so the suspect ran away , Based on the study of the decision number 214/Pid.b/PN Pkb. The problems in this study are (1) How is the punishment for the perpetrators of attempted murder with advance planning appropriate based on Article 338 in conjunction with Article 53 of the Criminal Code? and (2) Is the sentence imposed by the judge in accordance with the purpose of sentencing? This research was conducted using a normative legal research type that is descriptive in nature, using primary legal materials, secondary by collecting data from literature studies which are analyzed qualitatively and drawing conclusions using deductive logic. The conclusions of this study are (1) The conviction of the perpetrators of attempted murder with prior planning is not appropriate based on Article 338 jo 53 of the Criminal Code and (2) The conviction by the judge is not in accordance with the purpose of sentencing. The results of this study are related to the facts of the trial and the purpose of the 3R+1D punishment and 13.4 years imprisonment, so the perpetrators should be subject to Article 340 in conjunction with 53 of the Criminal Code.
SANKSI PIDANA TERHADAP PELAKU TINDAK PIDANA PENGANIAYAAN DENGAN RENCANA TERLEBIH DAHULU YANG MENGAKIBATKAN KEMATIAN ( PUTUSAN NO. 137 / PID. B / 2021 ): Criminal Sanctions Against People Of Criminal Acts Of Abuse With Preplanning That Result In Death (Rule of No. 137/Pid.B /2021) Hutabarat, Nivi Esther Fitriayu; 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.v1i2.19769

Abstract

Maltreatment with premeditation is defined as the intentional infliction of bodily harm with the knowledge that the victim would suffer catastrophic injuries or die as a consequence (Decision of Kotabaru District Court No. 137/PID.B/2022/PN.KTB). The primary questions that arise are as follows: 1) Is it permissible to punish those who commit the crime of abuse with premeditation that results in death in accordance with Article 351 paragraph 3? Decision No. 137 / Pid. B / 2021 / PN.Ktb entails a jail term of 2 years and 6 months; the question is whether or not this term of imprisonment is appropriate given the circumstances of the case. Using secondary data gleaned from extensive library research, this study use descriptive analysis to draw qualitative inferences about the topic at hand. The study's findings are as follows: 1) The criminal consequences applied to those guilty of the Crime of Persecution with Prior Plans that Result in Death based on Article 351, paragraph 3, of the Criminal Code are not acceptable. Two years and six months in jail is insufficient to achieve the goals of reformation, restraint, retribution, and deterrence, as determined by the Panel of Judges, hence a longer sentence is warranted. The study's findings are linked to the 3R + 1D theory of punishment, suggesting that those responsible should be tried under the provisions of Criminal Code Article 353, paragraph 3, for the crime of persecution with premeditation that ends in death.
RESTORATIVE JUSTICE TERHADAP PELAKU TINDAK PIDANA PENGANIAYAAN (STUDI PUTUSAN NO. 63/PID.B/2021/PN.SKM): Restorative Justice Towards The Prepetrator Of Persecution (Study Of Decision No. 63/Pid.B/2021/Pn.Skm) Utami, Putri Rizki; 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.v1i2.19770

Abstract

Restorative Justice is an effort to resolve criminal acts by bringing together both parties to find a fair solution. The use of Restorative Justice by the judge against the perpetrators of the criminal act of persecution in this case is not appropriate, because peace has been made outside the court and there is no determination of the judge in advance. The subject matter raised based on Decision Number 63/Pid.B/2021/PN. Skm is whether restorative justice against perpetrators of criminal acts of persecution based on Article 351 paragraph (1) of the Criminal Code is considered appropriate or not? (Decision No. 63/Pid.B/2021/PN. Skm) and; Are criminal sanctions in the form of release from lawsuits in accordance with the purpose of prosecution? (Decision No. 63/Pid.B/2021/PN. Skm). This study used a normative research method known as descriptive analysis, which relied on secondary data collected through literature review and analyzed qualitatively to reach the following conclusions: (1) Restorative Justice shall not be applied to those responsible for the crime of persecution under Article 351 paragraph (1) of the Criminal Code. (2) Criminal sanctions in the form of release from lawsuits are not in accordance with the purpose of prosecution. The results of the study associated with the implementation of restorative justice stated that there must be an out-of-court determination first and based on the purpose of 3R + 1D prosecution, the defendant should be a subject to prosecution based on Article 351 paragraph (1) concerning persecution.
PERTANGGUNGJAWABAN PIDANA ANAK PELAKU TINDAK PIDANA PERSETUBUHAN SECARA BERSAMA-SAMA (PUTUSAN NO. 18/PID.SUS-ANAK/2021/PN SRG): Criminal Responsibilities Of Children Who Commit The Crime Of Sexual Intercourse Together (Study Of Decisions Number 18/Criminal.Specific-Children/2021/District Court.Serang) Margaretha, Rade Dian; 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.v1i2.19771

Abstract

Criminal responsibility does not only apply to adults in general, but can also apply to children as perpetrators. Criminal responsibility for children is based on the maximum age limit of the child himself. The writing of this article examines Decision No. 18/Pid.Sus-Anak/2021/PN Srg. The formulation of the problem in the research is how the form of criminal liability of children and the form of participation in the case of joint child sexual intercourse. In the preparation of this article, the author uses normative legal research methods, with the nature of analytical descriptive research. In the preparation of this article using secondary data. The method used is qualitative method. The results of the research analysis are that the two child perpetrators can be held criminally responsible, which they are subject to Article 82 Paragraph (1) of Act Number 17, 2016, with imprisonment for 1 year and 8 months. The form of participation imposed on the two child perpetrators is participation in committing (medepleger), with the condition of physical action as evidenced by the two child perpetrators inviting the victim to go to boarding houses by force, then committing a series of acts of sexual intercourse and fornication, as well as the condition of awareness of cooperation as evidenced by the cooperation of the two child perpetrators to invite the victim to join the two child perpetrators.
KEABSAHAN AKTA HIBAH NO. 513/2018 YANG DIBUAT OLEH PPAT SRI SUSILOWATI S.H BERDASARKN KETENTUAN HUKUM TANAH NASIONAL (STUDI PUTUSAN NOMOR 1/PDT.G/2019/PN.SGI): Validity of Grant Deed No. 513/2018 Made By PPAT Sri Susilowati S.H Based on National Land Law (Study Of Judgement Number 1/Pdt.G/2019/PN.Sgi) A, Salsabillah Galuh; Soletri, Metty
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.v1i2.19773

Abstract

Cancellation of the grant deed by the court as has occurred in the case in Sigli City in case Number 1/Pdt.G/2019/PN.Sgi. where Anita Binti Admi unlawfully granted disputed land to her son Harith Hasanuddin, even though the land based on AJB No: 521/x/PPAT/1998 had been purchased by the late Teuku Zainal from Anita and then by Teuku Zainal it was granted to Cut Aida. Without Cut Aida's knowledge, the land had been registered by Anita for submission of a Certificate based on the Deed of Grant issued by PPAT Sri Susilowati SH, meaning that PPAT Sri Susilowati deliberately abused her authority by issuing a Deed of Grant with Number: 513/218 for an object that did not actually belong to the Anita Bint Admi. The main issues raised are 1.) Legitimacy of the Deed of Grant No. 513/2018 made by PPAT Sri Susilowati S.H Based on National Land Law Provisions, 2.) Appropriateness of Judges' Considerations in Decision number 1Pdt.G/2019/PN, Sgi Based on National Land Law provisions. The type of research used is normative research with the nature of descriptive research to obtain secondary data. Besides that, the writer conducted a literature study. The data were analyzed qualitatively and conclusions were drawn using deductive logic. Deed of grant No. 513/2018L made by the Land Deed Making Officer Sri Susilowati SH is invalid because the material requirements for the transfer of land rights are not fulfilled.
PENGALIHAN DEBITUR DALAM KREDIT PEMILIKAN RUMAH (KPR) MENURUT HUKUM TANAH NASIONAL: Analysis of Debtors Transfer in Housing Loans (KPR) in of National Land Law Aprilia, Saphira Eka; Setyorini, Dyah
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.v1i2.19774

Abstract

Housing Loans (KPR) is a bankprovided facility that allows for the credit-based purchase of real estate and residential buildings, with the real estate and residential buildings serving as mortgage-backed collateral. Decision 81/Pdt.g/2019/PN.Ckr Analysis The question is how the National Land Law is applied to the transfer of debtors in the KPR and how the judge interpreted it decision 81/Pdt.g/2019/PN.ckr in accordance with Law Number4 of 1996 regarding Mortgage Rights onLand and Objects Related to Regulation Number24 of 1997 regarding Land Registration. Normative descriptive research data from literature. Deductive conclusion drawing and qualitative data analysi. The mortgage debtor canbe transferred two ways: first,with the knowledge the bank ascreditor, where the process is the same as applying for bank mortgage, and second, without the knowledge of creditor, through buying and selling transactions supported by proof of receipt. One the judge's considerations is that the process of buying and selling land between the old debtor and the new debtor has been proven that receipt is considered valid; however, the judge's consideration is inappropriate because the transfer of debtor without the creditor's knowledge is included in default, and the creditor can demand compensation and nulland void. Article37 paragraph of Government Regulatiion Number24 of 1997 concerniing Land Registration.
TINDAK PIDANA DENGAN SENGAJA DAN DIRENCANAKAN LEBIH DAHULU MERAMPAS NYAWA ORANG LAIN (PUTUSAN NOMOR 108/PID.B/2021/PN STB): Crime of Intentionally and Premeditatedly Depriving Another Person of Life (Case Number 108/Pid.B/2021/Pn Stb) Tato, Susan Putri Simon; 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.v1i2.19775

Abstract

The crime of intentionally and premeditatedly seizing the lives of other people is the act of someone who has previously planned to take the lives of others by taking a piece of wood to beat the victim which resulted in the death of the victim in decision number 108/Pid.B/2021/PN .stb . The main issues raised 1.) Was the act of the perpetrator of the crime intentionally and planned beforehand to take the lives of other people right or not according to Article 338 of the Criminal Code?; 2.) How is the punishment for the perpetrators of the crime intentionally and planned beforehand to take the lives of others, is it appropriate or not with the aim of punishment? This study uses a normative research type that is descriptive analysis, using secondary data obtained from a literature study which is processed qualitatively with the conclusion that (1) The actions of the perpetrators of criminal acts deliberately and premeditated to take other people's lives are not appropriate with Article 338 of the Criminal Code. (2) The sentencing of the perpetrators of criminal acts with intention and premeditation to take other people's lives is not appropriate with the aim of sentencing because they are only sentenced to 13 years in prison. The results of the defendant's research are related to the purpose of punishment, namely 3R 1D, in which the perpetrator should be subject to Article 340 of the Criminal Code with a sentence of 20 years in prison.

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