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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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SANKSI PIDANA PERJUDIAN ATAU JARIMAH MAISIR BERDASARKAN QANUN PEMERINTAH ACEH NO. 6 TAHUN 2014 TENTANG HUKUM JINAYAT (PUTUSAN MAHKAMAH SYARI’YAH SINABANG NOMOR 6/JN/2021/MS.SNB): Criminal Sanctions For Gambling Or Jarimah Maisir Based On Aceh Government Qanun No. 6 Of 2014 Concerning Jinayat Law (Syari'yah Court Ruling Sinabang Number 6/jn/2021/ms.snb) Mulyansyah, Muhammad Riza; Susetyo, Heru
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: 10.25105/8t7jak03

Abstract

The main issues raised are 1.) How is gambling regulated in Islamic law? 2.) How do maisir/gambling regulations compare in the Aceh Qanun and national law? This research uses a type of normative legal research which is descriptive analytical in nature using secondary data obtained through literature study and the data is processed qualitatively using deductive logical conclusions. The author's conclusion is that 1.) The regulation of gambling or Maisir in Islamic law is found in the Al-Quran, Surah Al-Baqarah verse 219 and Surah Al-Ma'idah verses 90-91. Supported by Ahmad, Laits, Ishak, and other adherents of the Shafi'i madzab, it is prohibited to be caned more than ten times if the sanction for the crime committed does not reach the sanction for adultery or theft does not reach the provisions for cutting off one's hand. 2.) The most striking thing in the comparison of the Aceh Qanun and National Law is the sanctions. In the regulation of the Aceh Qanun the criminal sanction for gambling is public caning, while the sanction for gambling in the National Law is imprisonment
PERLIDUNGAN HUKUM BAGI KREDITUR DAN PIHAK YANG DIRUGIKAN ATAS PEMALSUAN DATA SERTIFIKAT YANG DIBEBANI HAK TANGGUNGAN: Legal Protection for Creditors and Parties harmed by Falsification of Data on Certificates encumbered by Mortgage Rights Utama, Nadia Fitriani; Artati, Sri Untari
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/awz0dv96

Abstract

Mortage is is a right that guarantees land to pay off certain debts, giving privileges to certain creditors compared to other creditors in accordance with the provisions in Pasal 1 ayat (1) Undang-Undang Nomor 4 Tahun 1996 on Mortgage Rights over land and objects related to Land. UUHT provides fair and balanced protection for debtors, creditors, and third parties involved. The subject matter of this research is Legal Protection for Creditors (Savings and Loan Cooperatives) and Third Parties who have ownership of land rights certificates used as collateral with the burden of unauthorized mortgage rights in Decision Number 129/G/2021/PTUN.JKT according to UUHT. This research is descriptive normative legal research is a type of study that uses secondary data and is reinforced with primary data in qualitative analysis with the deductive method to produce conclusions. Research Results (1) With the abolition of mortgage rights as a form of collateral to guarantee the payment of debts from a debtor, the creditor gets legal protection based on Pasal 18 ayat (4) UUHT. (2) Actions that are contrary to the law carried out by the debtor by pledging land rights belonging to other people without the consent of the owner as a third party, it is protected by Pasal 8 Undang-undang Nomor 4 Tahun 1996 about Mortgage Rights
PENDAMPINGAN PENASIHAT HUKUM TERHADAP TERDAKWA BERDASARKAN PASAL 56 KUHAP: Assistance of Legal Counsel to the Defendant Based on Article 56 of the Criminal Procedure Code Batubara, Atikah Salsa; Hadjar, Abdul Ficar
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: 10.25105/28c2cq39

Abstract

Assistance by legal counsel is a right for all defendants, including defendants who are threatened with a sentence of more than 5 years. The formulation of the problem raised is about the judge's consideration in examining the defendant at the trial of a criminal case which carries a sentence of more than 5 (five) years imprisonment without the assistance of legal counsel and the legal consequences of the decision handed down to the defendant in a criminal case which carries a sentence of more than 5 (five) years and was examined, decided without the assistance of legal counsel. This research method applies a type of research based on normative research referring to seikundeir data. The nature of the research is descriptive and the analysis of conclusions uses a deuctive method. The results of the research and discussionThe actions of the defendant who deliberately took the life of another person and was sentenced to 13 years imprisonment without the assistance of legal counsel, then the conclusion of this study, looking at the decision of the Supreme Court which then became procedural law, explained that if the defendant was not accompanied by legal counsel, all legal products produced were null and void and contained legal defects.
TINDAK PIDANA PEMERKOSAAN TERHADAP SEORANG WANITA DALAM KEADAAN TIDAK BERDAYA: Crime of Rape Against a Woman in a State of Helplessness Wibisono, Yusuf; Susetyo, Heru
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/za9w1f84

Abstract

Currently, the crime of rape is rampant and has received considerable attention from the public. The crime of rape often brings difficulties, both in the stage of investigation, prosecution, and at the stage of imposing a verdict during the settlement of the case. Rape is an act in which a person commits violence or threat of violence to force a woman who is not his wife to have sex with him, as in the case of Decision Number 390/Pid.B/2021/PN Smn, the unnamed perpetrator committed the crime of rape against awoman who was in a state of helplessness or unconsciousness whose punishment was imposed based on Article 285 of the Criminal Code, The main problem is how the crime of rape in theory and its regulationin Indonesia, and whether the application of Article 285 of the Criminal Code to the perpetrator of rape against a woman in a helpless state is appropriate. This research is a normative research that is descriptive analysis, and the data used is secondary data, and data collection is done by literature study.The results concluded that the perpetrator's actions were a type of "exploitation rape", and the victim was a "pure victim", namely a victim who had never had contact with the perpetrator before the rape.The perpetrator's actions also fulfill the elements of Article 285 of the Criminal Code, the perpetrator's actions more fulfill the elements of Article 286 of the Criminal Code.
PEMIDANAAN TERHADAP PELAKU TINDAK PIDANA PEMALSUAN SURAT KETERANGAN DOKTER UNTUK MENYESATKAN PENGUASA (STUDI PUTUSAN NO. 600/PID.B/2021/PN SDA).: Criminalization of Perpetrators of the Crime of Falsifying Doctor’s Certificates to Mislead Officials (Decision Study No. 600/Pid.B/2021/PN SDA). Firdaus, Azhar; Masjhur, Fauzy
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/s3rkbz76

Abstract

Article 263 paragraph (1) of the Criminal Code Jo. Article 55 paragraph (1) of the Criminal Code in general explains that if the defendants are proven together to have forged a letter intended to be a sign of a matter or event, and distribute it to those who need the letter, they will be subject to imprisonment for 2 years. In reality, this type of agreement is often carried out by perpetrators of criminal acts in similar fields. So the problem is which provisions the Panel of Judges can apply in carrying out appropriate sentencing. Data processing is carried out qualitatively, while drawing conclusions is carried out usinglogical deduction or logical reasoning. The results of the study illustrate that 1) according to the provisions of the decision, based on decision Number 600/Pid.B/2021/PN.SDA with the case of letter forgery mode, according to the provisions of Article 263 as the law which is the basis of the decision, it is appropriate, namely the four defendants jointly The same has fulfilled the requirements as stated in the article including facts of confession, evidence of falsified letters and received a maximum sentence of 2 years. 2) Consideration of the panel of judges in sentencing, basically the application of article 263 paragraph (1) of the Criminal Code Jo article 55 paragraph (1) of the Criminal Code has been fulfilled, but there is an element that the judge did not pay attention to, namely falsification of a doctor’s certificate, so that the use of this article is not appropriate . So the right article should be used is article 268 of the Criminal Code.
PERAN PEMERINTAH DAERAH PROVINSI DKI JAKARTA DALAM PEMENUHAN HAK PILIH BAGI PENYANDANG DISABILITAS PADA PEMILU PRESIDEN DI DKI JAKARTA TAHUN 2019 BERDASARKAN UNDANG-UNDANG NOMOR 8 TAHUN 2016: The Role of The DKI Jakarta Provincial Government in Fulfillment Voting Rights for Persons with Disabilities in The Presidential Election in DKI Jakarta 2019 Based on Law Number 8 of the Year 2016 Rajagukguk, Jessica Lamtiur; 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/bp2xkt66

Abstract

The lack of participation from groups of people with disabilities in the 2019 presidential and vice presidential elections in DKI Jakarta is in the spotlight. The main issue in this jurnal is: Has Law No. 8 of 2016 concerning Disabilities provided a legal umbrella for fulfilling the right  to vote for people with disabilities in the General Election for President and Vice President in the DKI Jakarta region in 2019, what are the efforts of the regional government in implementing the Law? Law No. 8 of 2016 concerning people with disabilities in order to fulfill the right to vote for people with disabilities in real actions and policies. This thesis writing uses a normative juridical research type, where secondary data is the main material and is analyzed qualitatively and conclusions are drawn deductively. Based on the results of this research and discussion, conclusions can be drawn, That Law No. 8 of 2016 concerning Persons with Disabilities has become a legal umbrella for groups of persons with disabilities, the Regional Government through the Special Capital Region of Jakarta Social Service is collaborating with the General Election Commission provide outreach regarding selection procedures through or phanages for people with disabilities 
ANALISIS YURIDIS MENGENAI KEDUDUKAN ANAK TERHADAP HARTA BERSAMA ORANGTUANYA YANG BERCERAI MENURUT UNDANG-UNDANG NOMOR 1 TAHUN 1974 (STUDI KASUS PUTUSAN NO.406/PDT/2018/PT.MKS): The Position Of Children Concerning Property With Their Divorce Parents According To Marriage  Law (Case Study Ruling No.406/Pdt/2018/Pt.Mks) Nurliyarti, Nabila; Muriani
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/nekrcw45

Abstract

A marriage that takes place without a prior marriage agreement will give rise to joint property. Joint Property is property acquired by a husband and wife during the marriage, except for gifts or inheritance.In the event of a breakdown in marital relations, joint assets will be divided equally between husband and wife. The main issue is whether it is possible for children in a marriage to get property with their divorced parents according to the Marriage Law, as well as the factors the judge considers in giving a share of the joint property of divorced parents to children, whether it is in accordance with the regulations per Law. Invitation. To answer the main problem, the author conducted normative juridical research with descriptive research characteristics using secondary data which was processed qualitatively and then to draw conclusions using a deductive method. Based on research results and discussion analysis, it shows that the possibility of children receiving a share of joint assets from theirdivorced parents is not explicitly regulated in the marriage law. as well as the factors considered by the judge in determining whether children will receive a share of the joint assets of their divorced parents using elements of justice and to protect the welfare of children in marriage.
JUAL BELI TANAH HAK MILIK BERDASARKANPERJANJIAN NOMINEE (STUDI PUTUSAN MAHKAMAH AGUNG NOMOR 1290K/PDT/2022): Sale and Purchase Freehold Land Based on Nominee Agreement (Study on Supreme Court’s Verdict Number 1290K/Pdt/2022) Christiangie, Merry; Sumanto, Listyowati
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: 10.25105/9sj6bh50

Abstract

Land sale and purchase is an act of transferring land rights between the seller and the buyer with the payment of the agreed price by the buyer to the seller is carried out simultaneously which is cash, clear, and real. Sale and purchase of land with the status of Property Rights can only be carried out between fellow Indonesian citizens or legal entities designated by Government Regulation Number 38 of 1963.The formulation of this research problem is regarding the validity of the sale and purchase of freehold land based on a nominee agreement in the Supreme Court Decision in terms of Law Number 5 of 1960 concerning Basic Agrarian Principles and the suitability of the judge's consideration with the Basic Agrarian Law in Supreme Court Decision Number 1290K/Pdt/2022 so that the freehold land belongs to Dodi Usman. The research method used in this research is normative juridical research using secondary data analyzed qualitatively, and drawing conclusions using deductive logic. In Indonesian positive law, the Nominee Agreement is a prohibited agreement. The sale and purchase of land with the status of HakMilik based on a nominee agreement is invalid because it violates the provisions of Article 26 paragraph (2) of the UUPA which results in legal smuggling, and violates the Minister of Home Affairs Instruction No.14 of 1982 concerning the Prohibition of the Use of Absolute Power of Attorney as a Transfer of Land Rights because of the granting of absolute power of attorney by Dodi Usman to Marc van Loo.
LEGALITAS DAN PENGGOLONGAN ASET KRIPTO (STUDI PERBANDINGAN: INDONESIA DAN AMERIKA SERIKAT): Crypto Assets Legality and Classification (Comparative Studies: Indonesia and United States of America) Sulaiman, Eric Joses; Wicaksana, Arif
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/j75b8710

Abstract

Crypto Assets are digital assets that use blockchain-based cryptographic processes. Several countries already had regulations regarding Crypto Assets including Indonesia which classifies Crypto Assets as a commodity. Whereas in United States (US) Crypto Assets can be classifiedas a security. In this research discuss about legality,classification, and application of crypto assets in Indonesia and US. This research using normative research method with descriptive approach. Using secondary data and by documentation review, and the data analized by aqualitative. From this research can concluded there is difference clasificiation between Indonesia which classified Crypto Assets only as commodity and the US which not limit the classification of Crypto Assets, it can be commodity and also security. Examples of these Crypto Assets include XRP and AMP Tokens which are considered security by the Securities Exchange Commision. The suggestion is Indonesia should not directly classified all Crypto Assets as a commodity.
PERLINDUNGAN HUKUM TERHADAPKONSUMEN CAPIT COKELAT KEDALUWARSA DARI PERSPEKTIF HUKUM PERLINDUNGAN KONSUMEN: Consumer's Legal Protection Of The Expired Claw Chocolate From Legal Perspective Of Consumers Protections Salsabila, Anzela; 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/bx0sjx82

Abstract

Online shopping has become very attractive in this day and age when it is easier for people to meet their needs and is considered easier from the standpoint of searching for goods, payment to delivery. Online sales can be made through TikTok Live and payments can be made through the online marketplace Shopee. This online shopping also has a weakness: in the transaction, the product that arrives may not match the product offered or even the product that arrives has expired. On this basis, questions arise about the liability of commercial actors in the sale of expired chocolate claws under the Consumer Protection Act and other relevant regulations as well as how customers can may pursue legal remedies against expired chocolate swipes under the Consumer Protection Act and other related regulations. This study uses a normative research method using primary data and secondary data, which are then analyzed using

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