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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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SURAT DAKWAAN CAMPURANTINDAK PIDANA PENCUCIAN UANG BERDASARKAN KITAB UNDANG-UNDANG HUKUM ACARA PIDANA (STUDI PUTUSANNO..488/PID.B/2021/PN.JKT.BRT): Indictment Letter of Combined Criminal Acts of Money Laundering Based On The Criminal Procedure Code (Study of Decision No. 488/Pid.B/2021/Pn.Jkt.Brt) Nurjanah; Widjajanti, Ermania
AMICUS CURIAE Vol. 1 No. 4 (2024): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/x1bfc079

Abstract

Drafting a charge is the most important aspect of criminal procedure, as the trial commences based on this document. Therefore, the Public Prosecutor (JPU) must carefully prepare the charge before submitting it to the district court. There are five forms of charges, namely single, alternative, subsidiary, cumulative, and combined charges. In this case, the defendant, Calvin Seidiono, was charged with a combined charge (alternative, cumulative, subsidiary) and was found guilty of money laundering. The problems raised in this journal are: 1) Is the combined charge for money laundering against the defendant appropriate? 2) What are the legal consequences if one of the criminal offences alleged by the JPU in the combined charge is not proven? To answer the research questions, the author conducted a normative study that was descriptively analyzed using secondary data. The data processing was qualitative and the conclusions were drawn using deductive logic. This study found that: 1) The prosecutor did not take the appropriate action in drafting the charge. This is because all elements must be proven when choosing a combined charge (alternative, cumulative, subsidiary). all elements must be proven. However, in the case examined in this study, only one crime was proven, so the form of the charge was inappropriate. 2) Regarding the legal consequences if one of the elements of the combined charge is not proven, the judge should have acquitted thedefendant.
JUAL BELI APARTEMEN CASA GRANDE RESIDENCE OLEH PASANGAN SUAMI ISTERI YANG BERBEDA KEWARGANEGARAAN: Sale And Purchase Of Casa Grande Residence Apartments By Married Couples With Different Nationalities Wijayanti, Mayday Hanura; Setiawati, Anda
AMICUS CURIAE Vol. 1 No. 4 (2024): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/60x9gw77

Abstract

Based on Article 33 paragraph (3) of the 1945 Constitution, every Indonesian has the right to benefit from existing land in Indonesia, including to meet the need for a place to live. However, times are changing and the population is increasing, including foreigners working in Indonesia. For foreigners, they are given flats built on usufructuary land. In relation to the purchase of apartments, the law also limits the purchase of flats/apartments for husband and wife who are of different nationalities and do not have a separate property agreement, where they are only allowed to buy flats built on land with a usage right. Married couples of different nationalities can buy a flat on HGB land if prior to the marriage they entered into an agreement to separate assets. With the decision of the Constitutional Court Number 69/PUU-XIII/2015, married couples of different nationalities can enter into an agreement to separate assets after the marriage takes place and can buy flats built on HGB land.  
KEWENANGAN KEPALA DAERAH DALAM MENYELENGGARAKAN PENDIDIKAN DASAR TAHUN 2022 MENURUT PERATURAN DAERAH KABUPATEN SEMARANG NOMOR 12 TAHUN 2020 TENTANG PENYELENGGARAAN PENDIDIKAN: The Authority of The Regional Head in Organizing Basic Education In 2022, According to Regional Regulation of Semarang Regency Number 12 Of 2020 Concerning the Implementation of Education Fauzi, Surya Triputra; Purnomowati, Reni Dwi
AMICUS CURIAE Vol. 1 No. 4 (2024): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/vr5aqg05

Abstract

Regional heads are the most important element in management at the regional level, especially in the field of education administration. To measure the implementation of education, it is necessary to have a legal basis, including Law no. 17 of 2010. One of the educational management is implemented in the district area. Semarang with Semarang Regency Regulation no. 12 of 2020. However, the implementation of education management in the Regency area. Semarang still needs to be explored further. So, the author is interested in further research regarding education management with the problem formulation: What is the authority of the regional head of Semarang district in implementing education according to Semarang Regency Regional Regulation No. 12 of 2020 concerning the Implementation of Education and whether the regional head of Semarang Regency has implemented the implementation of Education in Basic Education in accordance with Semarang Regency Regional Regulation No. 12 of 2020 concerning the Implementation of Education. The results of this research state that the Semarang regent is still not implementing education management optimally so that there is still a shortage of students and adequate facilities, as experienced at SDN Ngajaran
FUNGSI PENGAWASAN DPRD SEBAGAI TINDAK LANJUT HASIL PEMERIKSAAN LAPORAN KEUANGAN BADAN PEMERIKSA KEUANGAN DI PROVINSI BENGKULU: DPRD's Supervision Function as a Follow-up to the Audit Results of the Financial Audit Agency's Financial Reports in Bengkulu Province Avitama, Muhammad Fiqry; Edwar, Ferry
AMICUS CURIAE Vol. 1 No. 4 (2024): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/dvp1am84

Abstract

Indonesia is a unitary state governed by the Constitution of 1945, and one of its key priorities is to integrate regional autonomy into central administration. This research aims to evaluate the supervisory role of the Financial Audit Agency of the Regional Government of Bengkulu Province in 2021 during the new normal period of financial report audit results follow-up, by the provisions of Law No. 23 of 2014 concerning the Regional Government. The type of research used is normative, and the nature of the research is descriptive. The data used are secondary, qualitative analysis, and deductive methods of conclusions. The findings of the study indicate that the Bengkulu Province DPRD's oversight of the Bengkulu Province Regional Government's performance did not entirely correspond with expectations or the circumstances of the pandemic at the time. Notwithstanding explicit legislative mandates, the DPRD encountered both internal and external obstacles that compromised the efficacy of its supervision. The challenges that arose included issues with member coordination, competing interests between factions and limited participation in the development of regulations specifically about COVID-19. Although the DPRD of Pekanbaru City complied with the majority of the provisions outlined in Law Number 23 of 2014, there were still certain aspects of the financial audit results follow-up that were not optimal due to limitations in the available information.
HAK KREDITUR DALAM MENOLAK PROPOSAL PERDAMAIAN YAYASAN RUMAH SAKIT SANDI KARSA PADA PENUNDAAN KEWAJIBAN PEMBAYARAN UTANG (STUDI PUTUSAN MAHKAMAH AGUNG NOMOR: 1262 K/PDT.SUS-PAILIT/2022): Creditors Rights in Rejecting the Peace Proposal Submitted Foundation the Sandi Karsa Hospital on suspension of payment (Study of Supreme Court Decision Number: 1262 K/Pdt.Sus-Pailit/2022) Budi, Ariyoza Aryaputera; Sanusi, Heru
AMICUS CURIAE Vol. 1 No. 4 (2024): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/rbpp0675

Abstract

In practice, there are several problems that have begun to arise from Bankruptcy and PKPU cases involving Foundation legal entities. One of them is that there are obstacles for creditors to reject the peace proposal made by the Foundation. Therefore, this research specifically discusses the rights of PT MHJ and PT IDM as creditors in rejecting the peace proposal submitted by the Sandi Karsa Hospital Foundation and agreeing to the Supreme Court Decision Number: 1262/Pdt.Sus-Pailit/2022 with UUK-PKPU. This research was carried out using normative legal research methods, with secondary data supported by primary data from which conclusions were drawn using deductive methods. Based on the research results, PT MHJ and PT IDM have the right to reject the peace proposal and therefore as a result of the approval of the peace proposal, the Sandi Karsa Hospital Foundation should be declared bankrupt, therefore the Supreme Court Decision Number: 1262/Pdt.Sus-Pailit/2022 is not appropriate with UUK -PKPU.
PEMBUANGAN AIR LIMBAH INDUSTRI FARMASI OLEH PT. X BERDASARKAN UNDANG-UNDANG NOMOR 32 TAHUN 2009 TENTANG PERLINDUNGAN DAN PENGELOLAAN LINGKUNGAN HIDUP: Pharmacy Industry Waste Water Disposal By LLC. X Based On Law Number 32 Of 2009 Concerning Protection and Management Environment Sagala, Juan Gilbert; Siswanto, Wahyudi
AMICUS CURIAE Vol. 1 No. 4 (2024): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/m48ejz78

Abstract

Industrial developments that continue to grow must be monitored so that they do not pollute the environment which can cause environmental damage which is regulated to be maintained based on Law Number 32 of 2009 (UUPPLH). The author discusses the problem of the suitability of waste disposed of by PT. X with the provisions of UUPPLH and the law enforcement process resulting from the disposal of waste water by PT DKI Jakarta Environment. The data collection method is carried out by analyzing literature using a qualitative approach from which conclusions will then be drawn deductively. After the research was carried out, it was concluded that the waste disposal carried out by PT. Dr. The lifting of sanctions was also appropriate because PT. X has carried out the sanctions given well
PENERAPAN TANGGUNG JAWAB SOSIAL DAN LINGKUNGAN BUMN PADA PT JASA MARGA PERSERO TBK: Implementation of Social and Environmental Responsibility of BUMN at PT Jasa Marga Persero Tbk Ananda, Salsabila Putri; Yunari, Sri Bakti
AMICUS CURIAE Vol. 1 No. 4 (2024): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/vp92rh96

Abstract

BUMN (State-owned enterprises) are obligated to implement social and environmental responsibilities (TJSL BUMN), including PT. Jasa Marga Persero Tbk. Where PT. Jasa Marga Persero Tbk's TJSL prioritizes education, environment, and SMEs. How is the implementation of Social and Environmental Responsibility of State-Owned Enterprise PT Jasa Marga and What are the obstacles in the implementation of Social and Environmental Responsibility at PT Jasa Marga? The research method used is normative legal type, utilizing secondary data and analyzed qualitatively to draw deductive conclusions Based on the analysis of the implementation of TJSL BUMN at PT. Jasa Marga Persero Tbk has been running effectively but not yet optimal because there are several problems related to TJSL BUMN for SME development programs and social services. The obstacles faced include external and internal obstacles.
MODIFIKASI LAGU “RAYUAN PEREMPUAN GILA” DENGAN FORMAT REMIX PADA TIKTOK BERDASARKAN UNDANG-UNDANG NOMOR 28 TAHUN 2014 TENTANG HAK CIPTA TAHUN 2017 TENTANG PEMILIHAN UMUM: The Modification of “Rayuan Perempuan Gila” Song Into Remix Format on TikTok Platform Based on CopyrightAct Number 28 of 2014 Zahran, Dhebilla Kamiliya; Desmayanti, Rakhmita
AMICUS CURIAE Vol. 1 No. 4 (2024): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/xwbvwy97

Abstract

Songs are objects protected by copyright, with the development of technology there can be copyright violations against songs, namely in the form of song modifications without the author's permission which have detrimental impacts. This research discusses violations of copyright law related to the modification of the song "Rayuan Perempuan Gila" on TikTok based on Law Number 28 of 2014 concerning Copyright and what actions can be taken regarding copyright violations. This research uses a normative research method with descriptive research characteristics, the data used is secondary data as the main data, analysis uses qualitative methods and conclusions are drawn using deductive methods. Based on the research results, the song "Rayuan Perempuan Gila" which has been modified with a remix format and uploaded on TikTok is included in a violation of copyright law in terms of moral and economic rights because it creates a loss for the creator and/or copyright holder as well as actions that can be taken by creators and/or copyright holders regarding copyright violations, namely by submitting a complaint to the Directorate General of Intellectual Property Rights (DJKI) in collaboration with the Ministry of Communication and Information (Kemenkominfo) to carry out executions of copyright violations. Therefore, the author recommends that the perpetrator of the modification should ask permission from the creator to modify the song and upload it to TikTok.
PERBANDINGAN MEDIASI DALAM HUKUM ACARA PERDATA INDONESIA DENGAN SINGAPURA: Comparison of Mediation in Indonesia and Singapore Civil Procedure Law Farhan, Kiagus Muhammad; Kirana, Gandes Candra
AMICUS CURIAE Vol. 1 No. 4 (2024): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/0e4ekg93

Abstract

The existence of interactions between individuals makes it possible for disputes to occur, therefore civil procedural law is needed to handle them, and one way to resolve disputes is through mediation. Indonesia and Singapore themselves have mediation regulations in civil procedural law. The problems discussed in this article are the similarities and differences between mediation in the civil procedural law of Indonesia and Singapore and the advantages and disadvantages of mediation in the civil procedural law of Indonesia and Singapore. Normative research type, the nature of the research is descriptive, secondary data using library research, qualitative data analysis, and deductive methods of drawing conclusions. From the results of the discussion, it is known that both Indonesia and Singapore have similarities and differences in implementing mediation and also that both countries have advantages and disadvantages in implementing mediation in their respective countries. The similarities and differences as well as the advantages and disadvantages can be used as a reference for each country in evaluating and innovating the implementation of mediation
PERUBAHAN FRASA PUTUSAN OLEH HAKIM MAHKAMAH KONSTITUSI SAAT SIDANG PENGUCAPAN PUTUSAN (STUDI PUTUSAN MAHKAMAH KONSTITUSI NOMOR 103/PUU-XX/2022): Changes in Decision Phrases by Constitutional Court Judges During the Decision Pronouncement Session Lie, Ribka Yonathan; Pamungkas, Yogo
AMICUS CURIAE Vol. 1 No. 4 (2024): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/wg29gb66

Abstract

The Judges' Deliberative Meeting (RPH) is a plenary meeting which is held behind closed doors and is confidential with the aim of discussing a case, making a decision and determining a verdict. With the existence of a Judges' Deliberative Meeting (RPH), this will make it easier for Constitutional Justices to give opinions on submitted applications and draft decisions before they are pronounced in a decision-making hearing open to the public. The formulation of the problem in this journal is whether the change in the phrase of the decision by the Constitutional Judge at the time of pronouncing the decision is in accordance with Law Number 24 of 2003 concerning the Constitutional Court and what are the legal consequences of the change of phrase in decision Number 103/PUU-XX/2022 during the hearing decision by a Constitutional Court Judge. The type of legal research used in this research is normative legal research using secondary and primary data, analyzed qualitatively and conclusions drawn deductively. The results of this research are the change in the phrase "Therefore" to "In the future" in decision no. 103/PUU-XX/2022 is not in accordance with Article 45 paragraph (4) to paragraph (10) of Law no. 24 of 2003 concerning the Constitutional Court and has not implemented the Standard Operating Procedure (SOP) and mechanisms as the Constitutional Court decision should be read and uploaded. This means that there was an administrative error in the process of uploading the decision text to a page that can be accessed by the public and as a result of the change in the phrase of decision No. 103/PUU-XX/2022 during the announcement hearing by the Constitutional Court judges was that because the change was substantive in nature it would give rise to a different meaning and the decision that was uploaded due to an administrative error also had legal consequences for public reports and the Honorary Council's examination. Apart from that, the actions carried out by the reported judge violated the Sapta Karsa Hutama or what is usually called the Code of Ethics and Behavior of Constitutional Judges.

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