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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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ANALISIS LAMANYA PIDANA TERHADAP PELAKU PERSETUBUHAN ANAK YANG MEMILIKI HUBUNGAN KELUARGA: Analysis of the Length of Criminal Against the Actor of Intercourse Children Who Have Family Relations Usman, Nurfaizi; Wangga, Maria Silvya Elizabeth
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.v1i2.19800

Abstract

Intercourse with minors who have family relations has been terminated by the West Jakarta District Court Number: 1596/Pid.Sus/2020/PN Jkt.Brt where the perpetrator is the victim's uncle who forcibly commits intercourse with minors, in this case his nephew. The provisions for the burden of punishment for perpetrators of intercourse with children who have family relations are burdened with 1/3 (one third) of the length of the prison sentence for the perpetrator, which is 7 (seven) years. There are 2 (two) main issues that are raised. The main issues that are raised are what are the provisions for the duration of the crime for perpetrators of intercourse with children who have family relations and how are the provisions for aggravating crimes for perpetrators of intercourse with children who have family relations. The research was conducted normatively with the nature of descriptive analytical research and drawing conclusions using deductive logic methods. The results of the research show that the length of time the perpetrator of sexual intercourse with a child who has a family relationship is sentenced to 5 (five) years in prison under Article 81 (2) juncto Article 76D of the Child Protection Act. The penalty for the perpetrator is increased by 1/3 (one third) to 7 (seven) years, the maximum penalty under Article 81 (3) must be imposed on the perpetrator. It is hoped that the judge who decides will be able to renew and improve the provisions on the length of his sentence based on the Child Protection Law, and the government hopes to establish new criminal guidelines for the Child Protection Act.
ANALISIS YURIDIS TERHADAP PENERIMAAN PATEN PUBLIC DOMAIN PEMBUNGKUS BERGELEMBUNG YANG DI PATENKAN KEMBALI DI INDONESIA (STUDI PUTUSAN NOMOR 44/PDT.SUS-PATEN/2020/PN.NIAGA.JKT.PST): Juridical Analysis of The Acceptance of Public Domain Patents of Bubbly Wrappers Re-Patented in Indonesia (Study Decision Number 44/Pdt. SUS-Patent/2020/Pn. Trade. Jkt. Pst Natasha, Shirley; Bustani, Simona
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.v1i2.19801

Abstract

Patents are exclusive rights that the state grants to inventors based on the results of inventions carried out by themselves or approves other parties to do it in the field of technology within a certain period of time. The formulation of the problem is whether a simple patent for a simple colored bubble wrap which has become a public domain in the United States has the novelty to be registered in Indonesia and what is the decision of a commercial court judge in a simple patent dispute regarding the public domain in Decision Number 44/Pdt.Sus-Paten/2020/ PN.Niaga.Jkt.Pst based on Law no. 13 of 2016 concerning Patents. This research is a normative legal research type through the use of secondary data, which is supported by primary data. The nature of research is descriptive analysis, with qualitative analysis of the data. Based on the conclusion that patents that have been registered when viewed from Article 132 Law No. 13 of 2016 concerning patents can be canceled or abolished and the decision of the panel of judges at the commercial court is considered to be inappropriate in its considerations regarding the non-fulfillment of the element of novelty because it has not been careful with the existing problems and facts. In this case the judge should have been more observant in considering the provisions formulated by the Patent Law.
PEMIDANAAN PENGGUNA NARKOTIKA GOLONGAN I BAGI DIRINYA SENDIRI (STUDI PUTUSAN NOMOR 175/PID.SUS/2021/PN.PTI): Punishment Of Class I Narcotics Users For Themselves (Study Decision Number 175/Pid.Sus/2021/Pn.PTI Mukhlis, Ryan Arbi Putra; 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.v1i2.19802

Abstract

- Abuse and illicit trafficking of narcotics in correctional institutions has increased significantly. In 2021 there were 148 cases of narcotics smuggling into correctional institutions. The distribution of narcotics in prisons is known as a correctional institution-based distribution pattern and involves prisoners who are still undergoing the punishment process for narcotics. The main problem in this article is whether judge's decision no. 175/Pid.Sus/2022/PN Pti which imposes prison sentences on perpetrators of criminal acts of abusing narcotics is appropriate based on Law no. 35 of 2009 concerning Narcotics, (2) what were the judge's considerations in decision No. 175/Pid.Sus/2022/PN Pti did not impose a sentence to undergo rehabilitation. The research method used is a normative-descriptive research method, which is collected using secondary data, then analyzed qualitatively, and conclusions drawn deductively. The conclusion of this research is that prison sentences for class I narcotics abusers are inappropriate based on Law no. 35 of 2009 concerning Narcotics (Study Decision Number 175/Pid.Sus/2021/Pn. Pti), and that the Decision of the Panel of Judges Number 175/Pid.Sus/2021/Pn.Pti which imposed a prison sentence of 10 (ten) months has not been precisely with the aim of punishing narcotics abusers
PENOLAKAN PERMOHONAN PEMBATALAN PERKAWINAN KARENA SUAMI PENGIDAP HIV (ANALISIS PUTUSAN PENGADILAN AGAMA KOTA PARIAMAN NOMOR 610/PDTF.G/2019/PA.PRM): Refusal Of Application For Marriage Cancellation Due To Husband With Hiv (Analysis Of Decision Of Religious Court Of Kota Pariaman Number 610/Pdtf.G/2019/Pa.Prm) Sahar, Mochamad Syafiq; Muriani
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.v1i2.19803

Abstract

Marriage can be done legally if it is done according to the provisions of the applicable law. If in a marriage there are things that do not comply with the provisions of Law No. 1 of 1974 concerning marriage and the Compilation of Islamic Law for those who are Muslim, then the marriage can be annulled. The main issues are 1) Can HIV be used as an excuse to cancel a marriage according to Law No. 1 of 1974 and the Compilation of Islamic Law? 2) Is the reason for rejecting the application for annulment of marriage in the decision Number 610/PdtF.G/2019/PA.Prm in accordance with Law No. 1 of 1974 and the compilation of Islamic law? The research method used is the normative juridical type, which is descriptive in nature. The data used is secondary data. The conclusion is drawn using deductive logic. The conclusions are 1) HIV/AIDS can be used as an excuse for annulling a marriage due to an oversight and misunderstanding of one of the partners so that the agreement becomes flawed and 2) the reason the judge refuses to annul a marriage is not in accordance with Law No. 1 of 1974, because HIV/AIDS AIDS is a contagious and very dangerous disease so that the goal of forming a happy and eternal family is not achieved. the judge should grant the request for annulment of the marriage by giving consideration because HIV/AIDS is based on the contra legem principle and the fiqh principles of dar' al-mafa muqoddam which should be an additional consideration for the judge in making a decision.
ANALISIS YURIDIS TERHADAP PENCATATAN PERKAWINAN BEDA AGAMA DITINJAU DARI HUKUM PERKAWINAN DI INDONESIA (STUDI PUTUSAN PENGADILAN NEGERI SURABAYA ANTARA RIZAL ADIKARA DAN EKA DEBORA SIDAURUK): Juridical Analysis of Interreligious Marriage Registration in View from Marriage Law in Indonesia (Study of Surabaya District Court Decisions Between Rizal Adikara and Eka Debora Sidauruk Ashidiqi, Muhammad Hafidz; Setyaningsih
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.v1i2.19817

Abstract

Interfaith marriage is controversial in society due to the absence of regulation according to the Marriage Law.  Based on Article 2 paragraph (1) of Law No. 1 of 1974, however, in fact, there are still many interfaith marriages in society, one of which is in the decision of the Surabaya District Court.  With the study of the decision no 916/Pdt.p/2022/PN.Sby.  The 2 main issues are whether the determination of interfaith marriages can be registered according to the marriage law in force in Indonesia and whether in court decision No. 916/Pdt.P/2022/PN.Sby.Hakim who has decided to grant permission for interfaith marriages is in accordance with the rules of marriage law in Indonesia.  The research method used is a normative juridical type, with the nature of the research being descriptive and concluding using deductive logic.  Registration of marriages for interfaith marriages cannot be recorded, and the judge's decision is not by the provisions of
QUO VADIS AKUISISI TOKOPEDIA OLEH GOJEK DI ERA EKONOMI DIGITAL? Quo Vadis Tokopedia Acquisition by Gojek in the Digital Economy Era? Sabirin, Ahmad; 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.v1i2.19818

Abstract

From early 2021 to 2022, Acquisitions and Mergers are an interesting issue to discuss. Two large companies, namely PT Karya Anak Bangsa, made acquisitions of PT Tokopedia. KPPU, as the supervisory body for business competition, assessed the acquisitions of the two companies, whether or not the acquisitions made by a business violated business competition in Indonesia. If we look at the provisions of Law No. 5 Year 1999 which provides three indicators to declare the existence of unfair business competition, namely; 1) Business competition conducted dishonestly; 2) Business competition is conducted in an unlawful manner. 3) Business competition conducted by inhibiting competition among business actors. These indicators have their own challenges in the era of digital economy as today, there are many challenges in enforcing business competition. Merger assessment using the SLC test method is insufficient to apply because the SLC test focuses less on market structure issues, and only focuses on the competitive impact of the acquisition and the market power that emerges after the acquisition. That is, the SLC test looks at the likelihood that prices will rise after an acquisition occurs. While the determination of relevant market and market share is very important in assessing the effect on competition, this has been done by the European Union, so the assessment of acquisitions for large technology companies needs to be evaluated.
PERLINDUNGAN HUKUM BAGI KONSUMEN YANG MENERIMA UANG KEMBALIAN DALAM BENTUK BARANG ATAU PERMEN: Legal Protection For Consumers Who Receive Change Money In The Form Of Goods Or Candies Chandra, Shyerla; 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.v1i2.20003

Abstract

This research was conducted at Shop X in Tanjung Pendam Village, Belitung Regency, which gives candies or goods, as change money of their consumers’ bill. The problem in this article is what’s the reason of shop X gives candies or goods as change money? and does this violates the Consumer Protection Law? And what kind of legal efforts for the consumers who receive candies or goods as change money according to the Consumer Protection Law and related regulations? The first conclusion is that Shop X using candies or goods as change money because it has runout of small change or coins and this violates Article 4 Section (a), (d), (g) and Article 7 Section(a), (c) Consumer Protection Law. Second, the legal efforts that the consumers can submit a complaint to the store manager and if no response is received, then they make a complaint to the National Consumer Protection Agency and settle disputes through the Consumer Dispute Settlement. Consumers must be smart to know and understand theirs rights and taking the right steps and business owners must prepare sufficient coins for change money.
PENYELESAIAN SENGKETA WILAYAH DARAT ANTARA INDONESIA DENGAN TIMOR LESTE DI WILAYAH NAKTUKA MENURUT PERSPEKTIF HUKUM INTERNASIONAL: Settlement Of Land Area Disputes Between Indonesia And Timor Leste In Naktuka Region Under Internasional Law Perspective Nugroho, Abhyasa Shidqi; Permanasari, Arlina
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.v1i2.20007

Abstract

The territorial dispute between Indonesia and Timor Leste began in 2009. This was caused by Timor Leste's unilateral declaration of ownership rights to Naktuka with an area of ​​1069 hectares (ha). The formulation of the problem is what is the legal status of the Naktuka Region and its interpretation based on the Provisional Agreement between Indonesia and Timor Leste in 2005. 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 research that many efforts were made by Indonesia and Timor Leste in resolving the Naktuka Territory dispute which had been regulated by International Law and Peace were included in the joint agreement and the 1969 Vienna Convention contained in article 31 Paragraph 1 an agreement must be interpreted in good faith, meaning every international treaty needs to have a certain understanding of its scope, content and relevance. In this case what the researcher means is the legal implementation of the 1969 Vienna Convention with the use of the Naktuka Territory by Timor Leste and Indonesia.
PELAKSANAAN KETENTUAN HUKUM YANG MENGATUR RUANG TERBUKA HIJAU DI KOTA PALEMBANG : The Implementation of Legal Provisions Govering Green Open Space in Palembang City Khotimah, Rahadeva Khuznul; Hasni
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.v1i2.20227

Abstract

The assessment is based on Law No. 26 Year 2007, which states public green spaces cover at least 20% of the urban area. Therefore, the Palembang City Regional Regulation expands green spaces by building green spaces in Palembang City. The problem is the proportion of green space in Palembang City to achieve the minimum area of public green space in Palembang City based on Law No. 26 of 2007 and Regional Regulation No. 15 of 2012 of Palembang City. The city area plan 2012-2032 and the limitations that are challenges faced by the local government in the implementation of RTH development in Palembang City. Normative legal and analytical descriptive research is the type of research while the conclusion was done using deductive logic. The concrete result is that the green area of Palembang City does not reach the 20 percent portion. Therefore, the Palembang City Government will continue to implement the improvement of green open space in Palembang City by Law Number 26 of 2007 and Palembang City Regional Regulation Number 15 of 2012. The obstacles experienced by the local government in the management to build RTH in Palembang City are still a lot of private land ownership, the need to conduct a study or master plan that involves many parties and a lack of funds for RTH Development. It would be nice if the Palembang City Government paid more attention to the existence of public green open spaces in Palembang City.
TERMINOLOGI “RANGKAIAN PRODUKSI BARANG/JASA TERTENTU” YANG MENGAKIBATKAN PERSAINGAN USAHA TIDAK SEHAT (STUDI PUTUSAN- PUTUSAN KPPU TERKAIT PASAL 14 UUNO 5/1999): The Terminology of “Production Series Of Certain Product/Services” Result In Unfair Business Competition (Study Of KPPU's Decisions Related To Article 14 Of Law No 5/1999 Anriyani, Dian; Anggraini, Ana Maria Tri
AMICUS CURIAE Vol. 1 No. 3 (2024): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/2292eq84

Abstract

The series of production of goods/services which results in business competition and/or harms the community is called Vertical Integration as regulated in Article 14 of Law No. 5 of 1999 and Implementation Guideline 14 concerning Vertical Integration. Whereas a series of production of certain goods/services that aim to control production is a prohibited agreement. The main problem in this journal is how is the definition of a series of production of certain goods/services according to Law No. 5 of 1999 and the Implementing Regulations and how KPPU applies the definition of a series of production of certain goods/services Case Decision No. 01/KPPU- L/2003, Decision No. 13 /KPPU-I/2014 and Decision No. 13/KPPU-I/2019. The research method used is normative law by using secondary data supported by interviews, the method of collecting data using literature studies, qualitative analysis, and concluding by deductive methods. The production chain research concludes that several stages must be carried out starting from the collection of raw materials to processing them into semi- finished products and finished products, these stages cover from upstream to downstream, which means that the production chain is a business activity that is carried out as a single unit starting from process to the final stage that can be consumed by the community.

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