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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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PEMULIHAN HAK KONSUMEN DI SEKTOR JASA PENDIDIKAN (STUDI KASUS YAYASAN PENDIDIKAN X MELAWAN DJONI SUKOHARDJO): Restore Consumer Rights in the Education Services Sector Case Study of X Education Foundation Against Djoni Sukohardjo Magfirah, Wanda Pasya; 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.v1i2.19777

Abstract

Education is an important aspect of life that everyone need. To protect students in order to ensure the comfort of learning, so the students can be said to be consumers. The problem raised is how legal remedies can be restored consumer rights in education services sector and how the application of legal remedies restored consumer rights in the case of the X Education Foundation against Djoni Sukohardjo. Legal remedies that can be taken if consumers are not fulfilled by business actors can be resolved through the court or out of court based on Article 45 paragraph (1)(2) of CPL. If the business actor ignores the request for compensation, the consumer can file a lawsuit through BPSK or to the general court according to Article 23 of the CPL. Legal remedies to restore the rights of consumer Djoni Sukohardjo from the business actor X Education Foundation in Decision Number 005/A/BPSK-DKI/II/BPSK does not consider the contract between business actors and consumers. BPSK's decision was wrong in determining relationship between consumers and business actor. In this case, BPSK Decision does not consider the agreement between the two parties, considering the theory of the Privity of Contract and the principle of freedom of contract.
KAJIAN KOMPARASI MEDIASI PERCERAIAN PENGADILAN AGAMA INDONESIA DAN MAHKAMAH SYARIAH MALAYSIA: Comparatife Study of Divorce Mediation in Indonesian Religios Court and Malaysia Sharia Court Cahya, Indra; Iriawan, Asep Iwan
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.v1i2.19780

Abstract

The Religious Courts, one of whose powers is to resolve divorce issues for Muslim people. Before the divorce trial begins, the parties must mediate in court assisted by a mediator. Whereas in Malaysia the Religious Courts are called the Sharia Courts whose duties are to resolve issues related to Islamic matters, if a husband and wife have an agreement to file for divorce, the Sharia Court shall resolve the matter by conducting mediation or sulh first. Sulh is an attempt to reconcile couples in the context of marriage as an attempt to reconcile between husband and wife before the couple is legally divorced and separated. The problem is how are the similarities in divorce mediation between the Indonesian Religious Court and the Malaysian Sharia Court and how are the differences in divorce mediation between the Indonesian Religious Court and the Malaysian Sharia Court. This study uses a descriptive comparative normative research type using secondary data obtained from the literature. Secondary data was analyzed qualitatively by using deductive logic. Based on the results of a comparative study of divorce mediation at the Indonesian Religious Court and at the Malaysian Sharia Court, they have similarities and differences. The similarities are regarding the time of the mediation process and the appointment of mediators, while the differences are regarding the method of conducting the mediation, the requirements of the mediator, the mediation arrangements, the time limit for the mediation process, and the number of mediators.
EKSISTENSI HUKUM SYARIAH ISLAM DI NANGGROE ACEH DARUSSALAM DITINJAU DARI KEKUASAAN KEHAKIMAN DI INDONESIA : The Existence of Islamic Sharia Law in Nanggroe Aceh Darussalam in Terms of Judicial Power in Indonesia Afriza, Della; 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.v1i2.19783

Abstract

The Existence of Islamic Sharia has an impact on the application of Judicial Power that apply Islamic Sharia Courts run by the Sharia Court. The Sharia Court is authorized to resolve cases at the first level and appeal level in the domains of family law, civil law and Islamic criminal law courtesy of Islamic Sharia. The matter of this assessment is how the existence of Islamic Sharia Law in Aceh viewed from the Judicial Power in Indonesia and how the consent of the Sharia Court in the special autonomy of Nanggroe Aceh Darussalam. This assessment uses secondary data obtained from literature and analyze qualitatively by using deductive logic inference. Courtesy of the analyze of this assessment, the existence of Sharia Law in Aceh courtesy of Undang-Undang Nomor 11 Tahun 2006 tentang Pemerintahan Aceh. Theses stipulations are intended for the population of Aceh who are Muslims and the authority of the Sharia Court in examining, judicating and deciding cases in cases of family law, civil law, Islamic criminal law in its implementation must not contradict national law especially the stipulations in the Civil Code, Criminal Code and Criminal Procedure Code.
PENENTUAN GARIS BATAS WILAYAH ANTARA INDIA DAN CINA DI WILAYAH AKSAI CHIN BERDASARKAN HUKUM INTERNASIONAL: Determination of Territorial Boundaries between India and China in the Aksai Chin Region Based on International Law Ramadhan, Andi Muhammad Fauzi; Lutfah, Diny
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.v1i2.19784

Abstract

India and China have experienced problems in determining the boundaries of the Aksai Chin region from 1962 to the present. Various efforts made since the 1990s until now have not resulted in an agreement on dispute resolution and also the determination of legal boundaries between the two countries. The issues raised are how to determine the boundaries of the territory according to international law and how the efforts between India and China in determining the boundaries of the Aksai Chin area based on international law. This type of research uses normative research, is descriptive in nature, secondary data and primary data are analyzed qualitatively and the method of drawing conclusions uses deductive logic. Based on the results of the study that: there are many efforts that can be made by India and China in determining the boundaries of areas that have been regulated by international law. Therefore, India and China can use amicable and peaceful means and enter into a Mutual agreement
SANKSI TINDAK PIDANA KEKERASAN SECARA FISIK DI LINGKUP RUMAH TANGGA YANG TIDAK MENGHALANGI PEKERJAAN (STUDI PENGADILAN NEGERI PALEMBANG NOMOR 100/PID.SUS/2021/PN PLG): Sanctions for Criminal Actions of Physical Violence in the Household Wich Do Not Blow Work (Study of Palembang State Court Number 100/Pid.Sus/2021/Pn Plg Faradilla, I Gusti Agung; 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.v1i2.19786

Abstract

Physical violence is an act that causes in pain, falling sick or serious injury committed within the household between husband and wife and vice versa. A criminal sanction is a causal punishment for someone committing a crime that will receive criminal sanctions or other punishment from the authorities. Case Number 100/Pid.Sus/2021/PN. PLG contained acts of domestic violence that did not hinder work, in which the defendant physically assaulted the victim-witness who had caught the defendant checking-in with another woman which resulted in bruises on his hands and abdominal and pelvic cramps, in the imposition of articles and the sanctions imposed were inappropriate . In this case, the creation of a thesis using a research method which contains the object of research in the form of sanctions for domestic violence crimes that do not hinder work. The type used is the normative type, with analytical descriptive characteristics, with secondary data and data analysis using qualitative analysis methods. The conclusions drawn from this study are that the indictment given to the defendant is not appropriate based on Article 44 paragraph (1) of Law Number 23 of 2004. The sanction given to the defendant for 6 (six) months is not appropriate based on the purposes of 3R and 1D punishment, and the defendant should have been given an additional 3 (three) years of probation so that the defendant would feel deterrent.
PERTANGGUNGJAWABAN PT. GRAB TEKNOLOGI INDONESIA TENTANG PENCAIRAN DANA TERHADAP RESTORAN SEBAGAI PENGGUNA JASA GRABFOOD: Liability of PT. Grab Teknologi Indonesia Regarding Fund Disbursement to Restaurants as GrabFood Merchants Azzahra, Mutiara; 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.v1i2.19787

Abstract

Consumers using online food delivery applications that provide electronic payment in 2020 increased to date. One of the most used services by consumers in Indonesia is GrabFood, created by PT. Grab Technology Indonesia. In practice, the system for fund claim service provided does not follow the Restaurant's agreement as a Merchant. This study analyse how PT. Grab Teknologi Indonesia violates the UUPK. This study also analysed the fund claim method based on Law No. 8 of 1999 Consumer Protection (UUPK) between PT. Grab Teknologi Indonesia as a GrabFood service provider and Restaurant Menepi Kitchen as a merchant. This study uses normative and descriptive research methods based on secondary and primary data as supporting data and to obtain conclusions deductively. PT. Grab Teknologi Indonesia had violated UUPK article 7, letters a and g regarding the obligation of service providers to provide compensation if the services received are not following the content of the agreement and must be responsible for providing compensation as emphasized in UUPK article 19 and based on contractual liability
PENJATUHAN HUKUMAN DISIPLIN BERDASARKAN PERATURAN PEMERINTAH TENTANG DISIPLIN PEGAWAI NEGERI SIPIL : Disciplinary Punishment Based on Government Regulations Regarding The Discipline of Civil Servants Phinesia, Elizabeth Liely; 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.v1i2.19790

Abstract

The mechanism for imposing disciplinary punishment for Civil Servants is a process that must be passed before being sentenced to disciplinary punishment by an official authorized to punish including summons, examination, sentencing and delivery of decisions. The problem in this study is the process of examining and imposing disciplinary punishment on Ridwan Yasin and the legal consequences. To answer these problems, a normative juridical research type is carried out which is analytical descriptive in nature. The data used are secondary data with primary legal materials, secondary and tertiary obtained through library research. The data that has been obtained from the results of further research will be analyzed using qualitative methods and drawing conclusions by deductive way. From the results of the study it can be concluded that the imposition of disciplinary punishment on Ridwan Yasin in the Decree of the North Gorontalo Regent Number: 800/BKPP/2097/IX/2021 was declared procedurally and substantially flawed.
PERBANDINGAN PEMBERHENTIAN PRESIDEN DALAM MASA JABATAN DI INDONESIA DAN BRASIL: Comparison of Presidential Terminations in Terms Occupations in Indonesian and Brazil Pratama, Farhan Tulus; Wijiningsih, Ninuk
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.v1i2.19795

Abstract

The president is the head of government and head of state in Indonesia and Brazil. During the course of their administration, there are dynamics that each president in both countries experiences, and some have even been forced to resign before the end of their term. Both countries have their own mechanisms for removing a president from office, which leads to the research question: How similar and different are the processes for removing a president in Indonesia and Brazil? Additionally, were the procedures followed in accordance with the relevant laws and regulations during the president's term in both countries? This study uses a comparative normative method with a descriptive nature. Secondary data used in this study include legislation, journals and related books, as well as the Kamus Besar Bahasa Indonesia (Indonesian language dictionary) and legal dictionaries. The researcher drew several conclusions from this study: (1) The mechanisms for removing a president in Indonesia and Brazil have similarities and differences. (2) There is consistency in the removal of President Abdurrahman Wahid and Ir. Soekarno, but inconsistency in the case of Fernando.
USAHA KESEJAHTERAAN ANAK TERKAIT KESEHATAN DI KAMPUNG NELAYAN CILINCING: Child Welfare Efforts Related to Health in the Cilincing Fisherman’s Village Nabila, Farra Mutiara; Retnowulandari, Wahyuni
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.v1i2.19796

Abstract

Children's health has a significant impact on their growth and development. Every child has the right to receive welfare both in terms of health and growth and development, as stated in Article 2 paragraph (1) of Law Number 4 of 1979 concerning Child Welfare, which states, "Children have the right to welfare, care, upbringing, and guidance based on love, both in their family and in special care to grow and develop naturally." To fulfill children's health needs, health care efforts are needed, which are the responsibility of parents, the government, and society. However, in fact, there are many factors that influence the unfavorable situation and conditions in the Cilincing Fisherman's Village, which cause this not to be realized or not as it should be. The results of the research that has been carried out show that the most common illnesses suffered by children are acute respiratory infections (ARI) and diarrhea. This is due to the poor environmental conditions in the Cilincing Fisherman's Village, there are no septic tanks, and there are still many parents who underestimate the health of their children there.
PEMBERIAN SANKSI TERHADAP TINDAK PIDANA MEMBELI DAN MENYALAHGUNAKAN NARKOTIKA GOLONGAN I BUKAN TANAMAN: Giving Sanctions Against the Crime of Buying and Misusing Narcotics Group I Non-Plants Furqon, Mohamad Insan; Iskandar, Anang
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.v1i2.19799

Abstract

Sanctions for the crime of narcotics abuse for oneself are mostly carried out by imposing prison sentences as in case number 287/Pid.Sus/2021/PN.Dgl which is subject to criminal sanctions for 2 years. The issues raised are 1) Is the imposition of sanctions against the perpetrators of the crime of buying and abusing Narcotics Group I non-plants in accordance with Article 127 of the Republic of Indonesia Law Number 35 of 2009 concerning Narcotics? 2. What is the reason for the Judge not imposing a Rehabilitation Sanction? The method in this study uses a normative legal research type with an analytical descriptive research type. The data used are secondary data obtained through literature studies and then analyzed qualitatively, drawing conclusions using deductive logic. The results of the study showed that the sentence given by the panel of judges to the defendant was inappropriate because it violated the purpose of the Narcotics Law, namely to guarantee arrangements for medical rehabilitation and social rehabilitation for narcotics abusers and addicts as stated in Article 4 letter d Law Number 35 of 2009 , then the judge who decides the case does not pay attention to the provisions referred to in Articles 54, 55 and Article 103. The judge's consideration in imposing a prison sentence solely so that the defendant gets a deterrent effect is contrary to the purpose of the Narcotics Law, namely guaranteeing rehabilitation efforts for abusers and addicts narcotics.

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