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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 TANGGUNG JAWAB SHOPEE SEBAGAI PENYEDIA SISTEM ELEKTRONIK TERHADAP PENJUALAN LIPTINT VARIAN GLOSSY STAIN DARI EMINA YANG SAMA SECARA KESELURUHAN OLEH TOKO CANTIK. QUENBEE: Shopee's Responsibility for the Sale of Emina Liptint Glossy Stain Variant by Store Cantik.QueenbeeV Fortuna, Natasya; Lestari, Suci
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/a55ybj91

Abstract

This research discusses the analysis of Shopee's liability in handling the sale of products that violate intellectual property rights, especially trademark rights. The problem in this article are whether the Emina Liptint Brand Emina Production is the same as a whole, sold by Cantik.Queenbee at Sshopee is a trademark infringement according to the Trademark Law? and how Shopee's legal liability as an electronic system provider against the sale of liptin glossy stain variants of the same Emina as a whole. The first conclusion is that there is a trademark infringement of Emina's glossy stain variant liptint products sold by Cantik.Queenbee at Shopee, which violates Article 100 paragraph (1) of Law Number 20 of 2016 concerning Trademarks and Geographical Indications. Second, Shopee's liability as an electronic system provider is seen through EIT Law article 15, Government Regulation IEST article 5, Government Regulation TES article 22 paragraph (1), CL No. 5 of 2016. Cooperation is needed between the Ministry of Communication and the Directorate General of Intellectual Property to develop more effective regulations related to brand infringement in the marketplace.
KAJIAN YURIDIS TERHADAP PEMBATALAN PERJANJIAN PENGIKATAN JUAL BELI TANAH SAWAH: Juridical Study on the Cancellation of the Binding Agreement for Sale and Purchase of Rice Field Land Setyawati, Utami; 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/hmy4vf18

Abstract

The legal act of buying and selling land requires the fulfillment of the elements of light, cash and real as well as material and formal requirements. For material requirements, the seller must be the person whose name is listed in the certificate, while the buyer must qualify as a right holder. Procedurally, PP No. 24/1997 requires that every legal act of land sale and purchase be carried out with an AJB made by a PPAT. If AJB cannot be signed, to bind the parties can make PPJB. In the case of a dispute over a PPJB for a paddy field, the prospective buyer did not want to pay the price and sign the AJB because the certificate had not been changed into the buyer's name. For this problem, the prospective seller demands the cancellation of the PPJB and asks the court to declare the down payment forfeited along with the payment of compensation. In the concept of buying and selling land, the name change can only be done after the AJB is signed. Therefore, the request of the prospective buyer who does not want to sign the AJB cannot be legally justified.
EKSISTENSI KEPEMILIKAN TANAH MUSNAH AKIBAT GEMPA BUMI CIANJUR: The Existence of Destroyed Land Ownership Due to the Cianjur Earthquake Nabilah, Hana Jihan; 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/em9dcv73

Abstract

One of the events that caused the elimination of land rights was the destroyed land. The causes of destroyed land are natural disasters such as earthquakes, landslides, and human activities. In the concept of national land law, especially the UUPA, the destruction of land has the legal consequence of erasing land rights. However, according to BPN Regulation Number 17 of 2021, before it is declared as destroyed land, landowners are given priority rights to reclaim/reconstruct their land. The issues raised are what is the status of ownership of land that was declared destroyed due to the earthquake disaster in Cianjur and what is the government's policy in dealing with the problem of land destroyed due to the earthquake disaster in Cianjur. To answer the problem, normative legal research is used which is descriptive-analytical, which is based on secondary data with primary data as complementary data. Data analysis was carried out qualitatively by concluding using deductive logic. With the issuance of Presidential Decree Number 52 of 2022 which has been amended by Presidential Decree Number 27 of 2023 to land owners whose land has been declared destroyed. Spiritual funds are provided as compensation funds given to parties who are entitled to receive spiritual funds. In cases where land was destroyed due to the Cianjur earthquake, the government provided spiritual funds in the form of replacement land and housing. Keywords: Destroyed Land; Spiritual funds; Priority rights; Reconstruction
PENYALAHGUNAAN PERUNTUKAN RUANG TERBUKA HIJAU UNTUK BISNIS KULINER (STUDI KASUS DI PLUIT JAKARTA UTARA): The Misuse of Green Open Space Designation for Culinary Business (Case Study in Pluit North Jakarta) Yapferonica; 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/t22z5s84

Abstract

A debtor who is experiencing financial difficulties and cannot pay their loans or arrears is declared bankrupt by the Commercial Court. In the case of workers 'status bankruptcy, it is necessary to pay attention to whether the termination of the employment relationship can be carried out one-sidedly and whether the workers' wages, severance pay, and length of service compensation should all be taken into account and the cost of compensation rights due to the many discrepancies in the provisions of the bankruptcy law, PKPU, and labor law. The main question is how PT KIA Indonesia Motor is responsible for its employees to coincide with law No.  37 of 2004 on Insolvency and deferral of loan or delinquent payments, and how employees who are insolvent by the Act are legally protected. Normative legal research with secondary data is this type of research supported by preliminary evidence. Research is descriptive and reaches conclusions through deductive reasoning. The results showed that the separatist creditors are below the preferred creditors in the position of wage workers.
RESTITUSI SEBAGAI HAK PEMULIHAN KORBAN KEJAHATAN: KELEBIHAN DAN KEKURANGANNYA: Restitution as a Form of Recovery For Crime Victims: Strengths and Weaknesses Aisyah, Putri Romadhatul; Widjajanti, Ermania
AMICUS CURIAE Vol. 2 No. 1 (2025): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/xvy9t556

Abstract

Restitution is also said to be a form of recovery for crime victims that is recognized in the legal systems of many countries, including Indonesia. The concept of restitution aims to return victims to their original position before the crime occurred through providing compensation and other forms of recovery. This journal discusses the importance of restitution as a victim's right to recovery in a criminal act. The research results show that although restitution is recognized as a victim's right, its implementation is often hampered by various factors, including low understanding among law enforcement officials and limited access to information for victims. Other challenges include the economic constraints faced by perpetrators in paying restitution, as well as the lack of effective mechanisms to enforce restitution payments. This journal also highlights the important role of the Witness and Victim Protection Agency (LPSK) in helping victims apply for and obtain restitution as a form of carrying out their duties and permits, although there is still much that needs to be improved in terms of outreach and operational procedures. This article examines 2 (two) legal issues, namely: first, why every perpetrator of a crime must provide restitution to the victim; second, what are the obstacles in implementing the provision of restitution to victims? This journal uses legal research with a normative approach and supporting data in the form of interviews, which aims to find internet-based solutions so that victims can receive their rights, a sense of justice and recovery.
TANGGUNG JAWAB PENGGUNAAN DATA PRIBADI OLEH PENYELENGGARA SISTEM ELEKTRONIK DALAM LAYANAN PINJAMAN ONLINE: Responsibility for the Use of Personal Data by Electronic System Operators in Online Lending Services Yuga, Reinhaldy Ivancka; Hummerson, Andi Widiatno
AMICUS CURIAE Vol. 2 No. 1 (2025): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/ncewzp73

Abstract

In this era of rapidly developing digital life, the use of information technology has become commonplace. One such development is the emergence of online lending services. These services use electronic systems to conduct their business, including the use of consumers' personal data. Online lending providers that utilize electronic systems are also classified as electronic system operators. In practice, crimes related to personal data, particularly in the online lending sector, are rampant. The responsibility of electronic system operators regarding the use of personal data includes ensuring that their systems are reliable, secure, and responsible for system operations, having a legitimate and clear basis for data processing, providing complete information to the personal data subjects, and maintaining the confidentiality and security of their consumers' data by implementing personal data protection principles. Failure to fulfill the obligations of electronic system operators may result in administrative sanctions, such as written warnings, temporary suspension of activities, deletion of personal data, restriction of products/services, freezing of products/services, dismissal of management, administrative fines, revocation of product licenses, and revocation of business licenses.
KEWAJIBAN NOTIFIKASI AKUISISI OLEH PERUSAHAAN (STUDI PERBANDINGAN: INDONESIA DENGAN REPUBLIK RAKYAT TIONGKOK): Requirement of Acquisition Notification by Companies (Comparative Study: Indonesia And The People's Republic Of China) Valois, Yoana Thersia Listoravina; Nurbaiti, Siti
AMICUS CURIAE Vol. 2 No. 1 (2025): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/zzckc606

Abstract

In the midst of the progress of the business world today, competition between companies is getting tougher in order to keep up with the times. One way to grow is by making acquisitions. In the acquisition process, companies must provide notification to the Business Competition Authority. This research examines the issue of how the obligation of company acquisition notification between Indonesia and the People's Republic of China? The method used in this research is normative legal research, descriptive in nature, using secondary data, data collection is done by means of literature study, analysed qualitatively and deductive conclusions are drawn. The results illustrate that there are similarities and differences regarding notification obligations in Indonesia, which use the Post-Notification system based on Article 29 of Law 5/1999 and Pre-Notification based on Article 10 of Government Regulation 57/2010.Business actors will be subject to a sanction of IDR 1 billion per day of delay. Meanwhile, the People's Republic of China uses the Pre-Notification system based on Article 26 of the AML. Business actors may also be subject to a fine of RMB 500,000 if they do not carry out notification obligations.
PENENTUAN PEMENANG TENDER YANG BERPOTENSI MELANGGAR LARANGAN PERSEKONGKOLAN TENDER: Determination Of Tender Winners Who Have The Potential To Violate The Prohibition Of Tender Conspiracy Rahmadhani, Zahra Fide; Anggraini, Anna Maria Tri
AMICUS CURIAE Vol. 2 No. 1 (2025): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/yyesfc12

Abstract

The global economy requires Indonesia to grow as a force in the new economy. This is expected to support national development and create a competitive market situation among them. This condition causes competition, can run in a healthy and unhealthy way.  One of the activities that can cause unfair business competition is the process of procurement of goods and/or services, known as tenders. In fact, many business actors run tenders with bad intentions, which is called tender conspiracy. Using normative legal methods by collecting library materials from primary, secondary and tertiary materials to produce descriptive data, then ending with a conclusion using the concept of agreement based on the Civil Code that conspiracy is a prohibited agreement. . In determining the winner of the tender, what is considered to be a violation of Article 22 is vertical conspiracy because it results in unhealthy business competition. This shows that there must be updates in the provisions regarding business competition, especially provisions regarding bid rigging, and tender selection must be carried out through appropriate and accurate procedures. For example, the selection of the tender committee must be qualified, have integrity and be honest in carrying out the tender. Settlement in cases of conspiracy to determine tender winners can be implemented using a per se illegal approach carried out by the KPPU to assess business activities that violate the provisions of Law Number 5/1999
PENGATURAN DOKTRIN SINGLE ECONOMIC ENTITY: STUDI PERBANDINGAN INDONESIA DAN UNI EROPA: Regulation of the Single Economic Entity Doctrine: A Comparative Study between Indonesia and the European Union Wati, Widiya; Anggraini, Anna Maria Tri
AMICUS CURIAE Vol. 2 No. 1 (2025): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/rw69yg41

Abstract

Competition law has rapidly evolved alongside the dynamics of trade conducted by businesses. One notable development in Indonesia is the understanding of the Single Economic Entity (SEE) doctrine. This doctrine is often opposed by corporate law regimes that uphold the independence of companies. Therefore, it is crucial to examine how companies can be considered a single economic entity and how regulations differ between Indonesia and the European Union. This study employs a normative approach, using descriptive legal comparison with secondary data such as literature, regulations, and competition authority decisions from both regions. Data is analyzed qualitatively with deductive conclusions. The findings indicate that a group of companies is considered a single entity if its strategic policies are controlled by the holding company. There are both similarities and differences between Indonesia and the EU in their approach to this doctrine. The similarity is that both implicitly regulate SEE, while the difference lies in its application: in Indonesia, it was first applied in the Temasek Holding case in 2007, while the EU used it in the 1972 Deystuff case. To reduce misinterpretations, clearer explanations for business actors are necessary to prevent violations by business groups.  
POTENSI TINDAKAN PRAKTIK MONOPOLI DAN PENYALAHGUNAAN PENGUASAAN PASAR FASILITAS ESENSIAL SEKTOR PELABUHAN DARI PERSPEKTIF HUKUM PERSAINGAN USAHA: Potential Monopolistic Practices and Abuse of Market Power of Essential Facilties in the Port Sector: A Competition Law Perspective Simanullang, Venty Elisa Margareth; Anggraini, Anna Maria Tri
AMICUS CURIAE Vol. 2 No. 1 (2025): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/2q846165

Abstract

Indonesia is the largest archipelago, which makes the port an essential means for mobilizing the infrastructure that supports the country's economic growth. The port sector, which is operated by state-owned enterprises, has the potential to maximize economic growth. However, in reality, there have been numerous instances of state-owned companies operating in the port sector violating business competition laws. It is thus imperative to comprehend the doctrine of essential facilities and the potential transgressions perpetrated by business actors who are state-owned enterprises. This research adheres to a descriptive normative methodology, utilizing secondary data. The findings indicate that the doctrine of essential facilities espouses the notion that essential facilities are crucial facilities that the state must facilitate and nurture to enable optimal economic activities benefiting the community. Essential facilities are established by state-owned enterprises (SOEs) as a means of implementing Article 33 of the 1945 Constitution of the Republic of Indonesia. In their operations within the port sector, SOEs are required to adhere to the standards set forth in Law Number 17 of 2008 concerning shipping. SOEs as business actors in carrying out their business activities must also pay attention to the principles and norms contained in Law Number 5 of 1999, especially the prohibition of monopolistic practices and market control so as to create healthy business competition.

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