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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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TINJAUAN PENGANGKATAN PEJABAT DI LINGKUP PEMERINTAHAN DKI JAKARTA (PENGANGKATAN SYAMSUDDIN LOLOGAU SEBAGAI WALIKOTA JAKARTA UTARA): Juridical Review of the Appointment of Officials in the Administration of DKI Jakarta (Appointment of Syamsuddin Lologau as Mayor of North Jakarta) Regita, Angeline; Syam, Radian
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: 10.25105/0bj09g57

Abstract

Regional Autonomy as the implementation of the decentralization system there is delegation of authority given to regional governments to achieve the goals of each region, the regional head is tasked with leading the course of regional autonomy, the appointment of regional heads such as mayors who are not in accordance with statutory regulations can invite various conflicts. The formulation of the problem is what is the mechanism for appointing a mayor based on election regulations and whether this mechanism is in accordance with the mechanism for appointing Syamsuddin Lologau as mayor of North Jakarta. The purpose of this study is to describe the mechanism for appointing Mayors based on election regulations for DKI Jakarta Province and to analyze the appointment of Syamsuddin Lologau as Mayor of North Jakarta. This type of research uses normative legal research, is descriptive and explanatory, uses primary data and secondary data, qualitatively analyzed by drawing conclusions using deductive logic. Based on the appointment of the mayor of North Jakarta, Syamsuddin Lologau, it can be concluded that there was a violation of this appointment and the government should have regulated more clearly regarding the implementation of the mechanism for appointing officials and there is transparency regarding decisions regarding appointments within the scope of the state civil apparatus.
EKSAMINASI PUTUSAN KPPU MENGENAI RAHASIA PERUSAHAAN YANG MENGAKIBATKAN PERSAINGAN USAHA TIDAK SEHAT: Examination Of KPPU Decisions Regarding Company Confidential That Might Lead To Unfair Business Practices Mayva, Verandha; Anggraini, Anna 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/ygbbhn17

Abstract

The guideline for article 23 of Law Number 5 of 1999 not yet approved, making company secrets andcriteria for company secrets often equated with the meaning of Trade Secret as regulated in Law Number30 of 2000 concerning Trade Secrets. The main problem is whether the information in the contractagreement between the musician and the recording company and company data about DMO in thecontract for the procurement of goods and/or services are included in the criteria for company secretsaccording to the perspective of business competition law and whether the decision of the panel of judgesin decision number 19/KPPU-L/ 2007 and number 35/KPPU-I/2010 are correct. This research usingnormative legal research by secondary and primary data. This research is descriptive and conclusionswith deductive reasoning. The results are, the essence the two decisions both discuss company secretswhich must keep the secret because it has economic value and if it open to the public will bring losses tothe company whose secrets are leaked so that both of them are included in the criteria of companysecrets in the perspective of business competition law. The decisions must contains more sanction onpenal law.
KEDUDUKAN KETURUNAN CUCU AHLI WARIS YANG TIDAK MENDAPATKAN HARTA WARIS PURUSA DALAM ADAT BALI (STUDI PUTUSAN NOMOR 206/PDT.G/2019/PN AMP): Position of Descendants of Heirs and Grandchildren Who Did Not Get The Inheritance in Balinese Traditional Heir (Study Of Decision Number 206/Pdt. G/2019/Pn Amp) Yulian, Ilham; Suka'arsana, I Komang
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: 10.25105/97mcm055

Abstract

Bali, where the majority of the population is Hindu, in terms of inheritance, still adheres to customary law whereas Balinese people still adhere to the patrilineal system, namely boys are purusa in terms of inheritance. The issue raised is how the position of the descendants of the heirs' grandchildren towards the inheritance in the Balinese Indigenous people and whether the content of decision number 206/Pdt.G/2019/PN Amp is by the distribution of inheritance in the Balinese Indigenous people. The type of research used is juridical-normative which is descriptive by using secondary data that is analyzed qualitatively. Based on the results of the analysis on the Balinese indigenous people, if the heir does not have descendants, then the one who has the right to return to the inheritance property should be the heir's parents (if there is still one), but when the heir's parents are no longer there, the one who has the right to inherit is the Purusa brothers of the heir who has descendants (as a successor heir). The contents of Decision Number 206/Pdt.G/2019/PN Amp are not in accordance with the distribution of inheritance in the Balinese Indigenous People, because the heirs who get the inheritance from the heirs are the heirs who do not have a purusa line, namely the cultivators of the land, even though the heirs should be the descendants of the relatives of the heirs as the successor heirs.
TINJAUAN YURIDIS PERMOHONAN PEMBATALAN PERDAMAIAN PKPU PADA KASUS PT PRAKASA SEMESTA ALAM: Juridical Review Application For The Cancellation Of Peace Agreement Pt Prakasa Semesta Alam Suspension Of Debt Payment Case Kertopati, Shahnaz Aura Chairunisa; Sanusi, Heru Pringgodani
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: 10.25105/8smg0t46

Abstract

The global health crisis caused by the COVID-19 pandemic has posed challenges for numerous businesses in meeting their debt obligations within the stipulated timelines. Consequently, the implementation of the PKPU facility is utilized as a measure to address this issue, aiming to facilitate a resolution and foster harmony between the Debtor and the Creditors.The formulation of the problem is whether the application of the principle of good faith in the implementation of the peace agreement by the Debtor has been fulfilled in Decision No. 37/Pdt.Sus-Cancellation of Peace/2021/PN Niaga Jkt.Pst and whether Decision No. 37/Pdt.Sus-Permbatalan Perdamaian/2021/PN Niaga Jkt.Pst complies with applicable regulations. The research method uses normative and analytical laws, collects secondary data which is divided into primary and secondary legal materials, and conducts qualitative analysis with deductive reasoning. Whereas the Debtor did not comply with the provisions of the principle of good faith in an objective sense because he did not carry out the payment of the remaining debt as stated in the peace agreement, he had been in arrears for 4 months without any information showing that there was good faith on the part of the Debtor to pay the debt. Verdict No. 37/Pdt.Sus- Permbatalan Perdamaian /2021/PN Niaga Jkt.Pst is not in accordance with the applicable regulations, namely Article 170 of the Bankruptcy and PKPU Law and Article 1338 paragraph (3) of the Civil Code because the Debtor's actions are categorized as negligent in implementing the Settlement Agreement. bad faith and deserving of bankruptcy refers to the principle of good faith.
KEWENANGAN GUBERNUR DKI JAKARTA TENTANG PERUBAHAN NAMA JALAN WILAYAH DKI JAKARTA DITINJAU BERDASARKAN UNDANG- UNDANG NOMOR 30 TAHUN 2014 TETANG ADMINISTRASI PEMERINTAH: The Authority Of The Governor Of Dki Jakarta Regarding Changes Of Road Names In The Dki Jakarta Region Is Reviewed Based On Law Number 30 Of 2014 Concerning Government Administration Vendra, Clarissa Alya Alifia; Wijiningsih, Ninuk
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/yp2xe156

Abstract

The authority of the Governor of DKI Jakarta regarding Determination of Street Names in 2022, is the basis for changing 22 street names in the DKI Jakarta area. This then gave rise to pros and cons in the community, including members of the DPRD DKI Jakarta legislature. The purpose of this study is to describe the preparation and legal consequences of DKI Jakarta Governor's Decree Number 565/2022 concerning changes to street names in the DKI Jakarta area. This study uses a juridical method, is descriptive in nature, and uses secondary data by using qualitative data analysis and drawing conclusions deductively. Based on the results of the analysis, the results obtained are that if it is connected with the Governor of DKI Jakarta Regulation Regarding the Procedure for Preparing Regional Legal Products, then the Decree of the Governor of DKI Jakarta Number 565/2022 is in accordance with the procedure for preparing regional legal products. With the emergence of DKI Jakarta Governor Decree Number 565/2022, it has legal consequences for several parties affected by this decision. When compiling programs or discourses related to changing the names of several roads in the DKI Jakarta area, they are still based in several legal bases that are related not only to looking at one or two legal regulations but also looking at other legal bases in a more objective and widespread manner.
BENTUK PENYERTAAN TINDAK PIDANA KEKERASAN OLEH ANAK YANG MENGAKIBATKAN LUKA BERAT DAN KEMATIAN: Form of Inclusion of Violent Crimes by Children Causing Serious Injury and Death Mahirah,, Rifqa; Syahputra, Azmi
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/hzx3cs77

Abstract

Children are the successors of the nation who will later make changes which are when they are in the womb until they are 18 years old. At this time there are many children who carry out criminal acts, for example violence as contained in decision No. 18/Pid.Sus-Anak/2022/PN Jkt.Brt which in this case the children used acts of violence simultaneously in the form of stabbing and kicking the victims which resulted in the victims suffering serious injuries and death. This writing uses the literature study method, this type of research is normative, this research is descriptive analysis in nature, and in drawing conclusions using deductive logic. The children's actions have met the qualifications of the articles charged against them and there are specific inclusions in Article 76C of Law no. 35 of 2014 concerning child protection, which is only specifically for each person to apply violence against children.
KETERKAITAN AIR DEFENSE IDENTIFICATION ZONE (ADIZ) DENGAN KESELAMATAN PENERBANGAN (SAFETY AVIATION) DITINJAU DARI HUKUM UDARA: The Relationship Between Air Defense Identification Zone (Adiz) and Aviation Safety in Terms of Air Law Wetik, Winna Elliane Karina; Nrangwesti, Ayu
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/yh826900

Abstract

One of Indonesia's efforts to uphold its territorial sovereignty in the air space is by establishing an Air Defense Identification Zone (ADIZ). In its implementation, this enforcement turns out to be related to aviation safety. This connection raisedq the problem of how ADIZ is related to  aviation safety in terms of international and national air law. The research method is normative research, with qualitative, descriptive data processing and the use of deductive methods in drawing conclusions. The discussion in this thesis is that there is a connection between ADIZ and aviation safety. First, the ADIZ concept is related to flight routes, where determining these routes is part of enforcing flight safety. Second, ADIZ is determined by taking into account country’s sovereignty in air space. Upholding sovereignty in air space means that countries must comply with aviation safety standards and recommendations set by the International Civil Aviation Organization (ICAO). Upholding sovereignty is also related to the aspect of aircraft nationality which is the main requirement in investigating aircraft accidents. Third, ADIZ can be realized because there is permission by subjacent state to enforcing aviation safety, national law is prioritized, although it must still pay attention to the provisions of international law.    
PENGGUNAAN KARYA CIPTA VLOG PADA YOUTUBE OLEH FAKE ACCOUNT: The Usage of Copyright Vlog by a Fake Accountuser on YouTube Rengkung, Ashley Juniare Maria; Nugrahani, Rr. Aline Gratika
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/snnn9f88

Abstract

Social media has become a platform for many people to express themselves, sharing stories and also a place to find entertainment. Behind the benefits of social media, it does not rule out the possibility of causing negative impacts when using it. For example, as if in the Facebook Platform, there are many violations of the Copyright Law where someone with a Fake Account without the consent of the creator steals thatperson's work and then uploads it again with the aim of taking economic rights from the creator. This research will discuss the use of Vlog by Fake Accounts according to Law Number 28 of 2014 concerning copyright and sanctions given by the Facebook platform to owners of Fake Accounts on its platform. The type of research used is normative legal research with secondary data, which is supported by primary data.The nature of the research is descriptive and conclusions are drawn using deductive reasoning. Based on the research results, it was concluded that many cases of copyright infringement occurred on existing social media, especially Facebook, one of which was the use of Vlog works by Fake Accounts, but in handling this Facebook has community standards which on the facebook.com website specifically "Policy and reporting" process as to the severity of the violation of the reported account, with two outputs, namely temporary blocking or permanent blocking.
SAFEGUARDS ATAS IMPOR BENANG DARI SERATSTAPEL SINTETIK DAN ARTIFISIAL BERDASARKANPERATURAN SAFEGUARDS: Safeguards on the Import Of Yarn Products  of Synthetic And Artificial Staple Fibers Under Safeguards Regulations Qonita, Leilani Tertia; Saleh, Rosdiana
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/tmdcjc89

Abstract

The imposition of safeguards on the import of yarn products of synthetic and artificial staple fibers is based on regulations in the field of safeguards. Safeguards can be imposed if there is a surge in imported productsthat threatens the domestic industry. The problems in this research is: how is the evidence conducted by KPPI against the threat of serious injury or serious injury of products that are considered competitive andextension of safeguards on the import of import of yarn products of synthetic and artificial staple fibers.The method is qualitaive with the main data being secondary data through library research and supported by interviews which were then analyzed qualitatively and conclusions were drawn using the deductivemethod. The conclusion of this study is: it is proven that there is a threat of serious injury experienced by the domestic industry which is determined by analyzing all related indicators. An investigation into the extension of the BMTP is carried out in accordance with regulations in the field of safeguards. It is better for domestic industrial business actors and the government to work together to improve quality of the industry for the BMTP action period and the BMTP extension that has been determined so that a domestic industry is created that avoids the threat of serious injury or serious injury.
PRINSIP NON-REFOULEMENT DALAMPERLINDUNGAN PENGUNGSI DI INDONESIA(BERDASARKAN KASUS PENGUNGSI ETNISROHINGYA DI INDONESIA KARENA KONFLIKRASIAL DI MYANMAR: Principles of non-refoulement in the Protection of Refugees in Indonesia (Based on the Case of Refugees of Rohingya Ethnic  in Indonesia Due To Racial Conflict in Myanmar) Wawo, Arnoldus Jansen Julian; Justinar, Jun
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/wxp6v860

Abstract

Rohingya refugees need humanitarian assistance and have the right to protection from arbitrary return to places where they are at risk of torture. This rule is known as the principle of non-refoulement, which is understood as the basis for international protection for refugees. This thesis results from normative legal research using primary, secondary and tertiary legal materials. Data collection was carried out through literature study and interviews. The issues discussed are: how the principle of non-refoulementis regulated in national law in Indonesia, what is Indonesia's attitude in dealing with Rohingya refugees who have come to seek refugee in Indonesia, and why the principle of non-refoulement is still weak in its implementation in Indonesia. The results of this thesis research show that the principle of non- refoulement is regulated in Indonesia through Constituion of the Republic of Indonesia 1945 Article 28G, Act No.1 1979,Act No.5 1998, Act No.29 1999, Act No.37 1999, Act No.6 2011, People'sConsultative Assembly Decision No.17 1998, President Ordinance No.125 2016, Directorate General of Imigration Ordinance No.IMI-1489 2010, Government Ordinance No.31 2013. Even though Indonesia'sfirm stance was demonstrated by not ratifying the Convention on the Status of Refugees, Indonesia still adheres to the principle of non-refoulement. The implementation of the non-refoulement principle inIndonesia is still weak because Indonesia itself has not ratified the 1951 Refugee Convention and the 1967 Additional Protocol.

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