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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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PEMENUHAN HAK TERHADAP PENYANDANG DISABILITAS MENTAL DALAM MENERIMA PENDIDIKAN DARI PEMERINTAH DAERAH KOTA KABANJAHE: Fulfillment Of The Rights Of People With Mental Disabilities In Receiving Education From The Kabanjahe City Regional Government Purba, Viona Abigail; Sulistyowati, 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/dw8f8398

Abstract

Indonesian Laws and Regulations have regulated various rights of persons with disabilities in the field of education in Law Number 20 of 2003 concerning the National Education System, Law Number 8 of 2003 concerning Persons with Disabilities, and Law Number 23 of 2014 concerning the Government. Education in Law Number 20 of 2003 about the National Education System, is a programmed efforts to build a learning atmospgere and teaching and learning process that supports students in maximizing their potential.. Education is a right that everyone, including people with disabilities, must receive. The right to education for persons with disabilities is regulated in Article 10 of Law Number 8 of 2003 about persons with disabilities which states that persons with disabilities have the right to receive inclusive education. Inclusive educationreceived by persons with disabilities is within the authority and must be facilitated by the Central Government and Regional Government. For matters of educational affairs and fields, Law Number 23 of 2014 concerning regional government regulates that district/city Regional Governments have authority over basic education and the Central Government has authority over special schools which are assisted by the role of Regional Governments in providing facilities and monitoring the fulfillment of educational rights. So that it runs well,
PERLINDUNGAN HUKUM TERHADAP KONSUMEN PRODUK KOSMETIK TABITA : KAJIAN TERHADAP KANDUNGAN BAHAN KOSMETIK SESUAI PERATURAN PERUNDANG-UNDANGAN.: Legal Protection For Consumers Of Tabita Cosmetics: Case Study of Cosmetic Ingridients Content in Accordance with Legislation. Nandwani, Yurike Priya Nanekram; Abrianti, Sharda
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/bbn1xm34

Abstract

This research was conducted on three variants of Tabita cosmetic products that does not acquire distribution permits and are suspected to contain hazardous or prohibited substances. These products are commonly found on various e-commerce platforms. The issue addressed in this article is whether the contents of Tabita cosmetic products contain hazardous or prohibited substances. The research method used is normative research with a descriptive nature. The data sources used include primary, secondary, and tertiary data, which were obtained through document studies or bibliographic sources. Data analysis was conducted descriptively, with conclusions drawn deductively. Based on data obtained from the BPOM public warning page, Tabita cosmetic products are known to contain mercury and hydroquinone. Both of these chemicals have the potential to cause adverse effects on human health. According to BPOM Regulation No. 17/2022, Appendix I, hydroquinone is only allowed to be used for artificial nails with a maximum concentration of 0.02%. Meanwhile, in Appendix V of the same regulation, mercury and its compounds are prohibited for use in cosmetic products.
PENGATURAN PERLINDUNGAN BATIK YOGYAKARTA SEBAGAI EKSPRESI BUDAYA TRADISIONAL: Protection of Yogyakarta Batik as a Expressions of Folklore Viola, Salsabilla Ade; Bustani, Simona
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/s4r3b609

Abstract

Batik is the art of writing or painting on cloth. Yogyakarta batik has now become one of Indonesia’s national batik symbols and identities. If traced, the early existence of Yogyakarta Batik is closely related to the batik tradition that gew and developed during the mataram kingdom. The problem’s formulation raised is how the regulation of the protection of expression of folklore of Yogyakarta Batik. The writing of this journal uses a normative research type that is normative analytical in nature using the law approach and prioritizing secondary data. Considering the research’s finding, it can be concluded that the regulation of the protection of Yogyakarta Batik as a Expression of folklore is based on Law No. 28 of 2014 concerning Copyright, the Law on the Promotion of Culture, and Regional Regulation Number 13 of 2019 in relation to the Development and Maintenance of Batik Jogja. However, based on these regulations, there is no regulation related to maximum protection if there is Batik Jogja claimed or recognized by foreign parties so that a firmer and more comprehensive policy is needed as well as close cooperation between the central and regional governments.  
ASURANSI JIWA DALAM PERJANJIAN PENGALIHAN KREDIT PEMILIKAN RUMAH BERSUBSIDI DI BTN CABANG TANGERANG: Life Insurance in the Subsidized Mortgage Take-Over Agreement at BTN Tangerang Branch Septianingsih, Alizanoor; Abrianti, Sharda
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/mer9er37

Abstract

For further carrying its function to distributing funds into the community, Banks are trusted by the government to issue loan facility in the form of Subsidized Mortgage. The issue of this ease facility is in line with the bank’s purpose as stated in Law Number 7 of 1992 Concerning Baking and Law Number 10 of 1998 Concerning Amendments to Law Number 7 of 1992 Concerning Banking, which is to improve the welfare of the people. In this matter, aiming for the low-income salary person thus they could possess their own residence as well. The occurring problem is often the mortgage credit runs inappropriate and take-over credit has to be done, thereafter questions regarding life insurance claim in mortgage credit agreement arouse; This research is normative research, characterized by its descriptive nature and using qualitative approach in analyzing data, subsequently deductive logic is used to draw conclusions. The analysis results can then be concluded that the existence of life insurance in subsidized mortgage agreement is a clause that must be present to minimize the risks borne by the bank.
PERAN PEMERINTAH DAERAH DALAM PENGENDALIAN KEBAKARAN HUTAN DAN LAHAN DI PROVINSI KALIMANTAN BARAT: The Role of Regional Government in Controlling Forest and Land Fires in West Kalimantan Province Tanus, Thalia Aprianti Aresteriana; Wijiningsih, Ninuk
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: 10.25105/0xvx5706

Abstract

Forests are one of biological natural resources that provide many benefits to humans. Of the total forest land area in West Kalimantan Province, 8,389,600 hectares, some have experienced damage due to burning of forest land caused by land clearing. Forest fires must be given special attention by the Regional Government as a form of implementing regional autonomy as reflected in Law Number 23 of 2014 concerning Regional Government. The main problem in this research related to the efforts made by the Regional Government of West Kalimantan Province in controlling forest and land fires in West Kalimantan from 2019 to 2023. This research is descriptive normative legal research using secondary and primary data. then analyzed qualitatively. Data collection carried out by interviews and literature study and drawing conclusions deductively. Regional Government efforts to control forest and land fires in West Kalimantan by providing administrative sanctions and warning letters to plantation companies. The West Kalimantan regional government, in making efforts to control forest fires, has established regulations, namely West Kalimantan Provincial Regulation Number 2 of 2022 concerning Control of Forest and/or Land Fires.
KAIN TENUN BADUY SEBAGAI POTENSI INDIKASI GEOGRAFIS DI KABUPATEN LEBAK PROVINSI BANTEN: Baduy Woven Fabric as a Potential Geograpihical Indication in Lebak Regency, Banten Province Irfana, Ardhana Berlin; Desmayanti, Rakhmita
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: 10.25105/4me4rb55

Abstract

Baduy Woven Fabric as one of the potential geographical indications in Lebak Regency, Banten Province has advantages and historical value that is closely related to the culture of the Baduy tribe. The Baduy people consider woven cloth to be an important part of their life. Every detail of cloth making is full of meaning because it has a philosophical basis. This research aims to to find out whether it is appropriate for Baduy Woven Cloth to be registered as a Geographical Indication Intellectual Property and receive legal protection from the Government. The research uses normative legal research methods, with secondary data supported by primary data. Based on the results of the research, it i known that based on Article 1 paragraph 6 of the Goverment Regulation Number 56 of 2022 concerning Communal Intellectual Property, the Baduy Weaving Cloth qualifies as a potential geographical indication and worthy of legal protection to ensure necessary security for the community to enjoy their legal rights, uphold human rights, and prevent threats against these rights.
KEWENANGAN PEMERINTAH PROVINSI SEBAGAI BADAN PUBLIK DALAM MENYAJIKAN PENGELOLAAN APBD T.A. 2023 DI DKI JAKARTA: The Authority of the Provincial Government as a Public Entity in Presenting the Management of the 2023 Regional Budget in DKI Jakarta Nurhalisa, Siti; Purnomowati, Reni Dwi
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/v6211487

Abstract

Transparency in all sectors of government work programs is a very important element because it is directly related to public trust. In budget matters, where the main key must prioritize transparency, the focus of the government, in this case, the provincial government of DKI Jakarta as a Public Agency, is to present the management of the 2023 fiscal year budget (APBD) as public information. However, in reality, violations of transparency are still found within the DKI Jakarta provincial government agencies. This raises the question: what is the authority of the DKI Jakarta Provincial Government as a Public Agency in presenting the management of the 2023 fiscal year budget as public information? This research uses a normative type of study with secondary data. The nature of the research is descriptive, and conclusions are drawn deductively. From the research results, the form of authority of the DKI Jakarta provincial government in presenting the management of the 2023 fiscal year budget as public information is through a user-friendly application called the Smart Planning & Budgeting System (SPB). This platform contains information related to the budget in DKI Jakarta, allowing the public to directly participate in supervising the provincial government's budget management.
AKIBAT HUKUM TERHADAP PENOLAKAN PEMBATALAN PERDAMAIAN DALAM PENUNDAAN KEWAJIBAN PEMBAYARAN UTANG: Legal Consequences of Refusal of Peace Cancellation in Delaying Debt Payment Obligations Aprilianti , Putri; Sanusi, Heru Pringgodani
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: 10.25105/6w88gf95

Abstract

If a peace agreement has been homologated by the Commercial Court, it is found that the debtor has breached his contract or is negligent in implementing the contents of the peace agreement (default), then the creditor can submit a request to cancel the peace agreement. One of the decisions of the Central Jakarta Commercial Court rejected the creditors' application for the cancellation of the peace agreement which had been homologated, so that it had legal consequences for the creditors. The issue being discussed is what the legal consequences of refusing to cancel the homologated peace agreement will be on the creditors. The method used is a normative research method, which is descriptive in nature, comes from secondary and primary data, and draws conclusions deductively. The legal consequence of refusing to cancel a peace agreement is that creditors do not have certainty regarding the settlement of debts and receivables between creditors and debtors, and this results in creditors experiencing financial losses because they do not receive debt payments from debtors.
HAK-HAK NORMATIF PEKERJA KARENA PHK DENGAN ALASAN EFISIENSI SEBELUM DAN SESUDAH UNDANG-UNDANG TENTANG CIPTA KERJA: Normative Rights of Workers Due to Laid off Efficiency Before and After Act on Job Creation Sari, Linda Ganetha; Adityaningrum, Narita
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/fm4q4p39

Abstract

Normative rights are fundamental rights that must be owned by a worker/laborer in an employment relationship. Regarding the case in the decision to analyze the comparison of normative rights to be obtained by workers referring to the Job Creation Law. The problem identification is: what are the normative rights of layoffs before and after the enactment of Law No. 11/2020 related to District Court Decision Number: 363/Pdt.Sus-PHI/2022/PN.Jkt.Pst and Decision Number 18/Pdt.Sus-PHI/2019/PN.Jap?  The result of the discussion is that layoffs for efficiency reasons are not allowed because the Constitutional Court's decision is a reinforcement that companies can only choose a way to carry out layoffs because the company is permanently closed and efficiency cannot be used as a strong reason to lay off workers/laborers and the legal consequences of layoffs in the decision are null and void and normative rights must be fulfilled by employers/employers who carry out layoffs, in the form of severance pay, long service pay, compensation pay must be received by workers/laborers as stated in the Manpower Law and Law No. 11/2020 concerning Job Creation.
PERLINDUNGAN HUKUM BAGI PRODUSER FONOGRAM AQUARIUS: STUDI PUTUSAN MAHKAMAH KONSTITUSI NOMOR 84/PUU-XXI/2023: Legal Protection for Aquarius Phonogram Producers: A Study of Constitutional Court Decision No. 84/PUU-XXI/2023 Gunawan, Cheryl Natasya; Bustami, Simona
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/qnvh8n59

Abstract

Legal protection for phonogram producers is crucial due to their significant role in the music industry, Legal protection for phonogram producers is crucial because they play a significant role in the music industry, responsible for financing, producing, and publishing sound recordings (phonograms). Phonogram producers hold the related rights to the recorded songs and/or music they produce, which necessitates legal protection. Copyright and related rights violations in Indonesia can be exemplified by the case between PT Aquarius Musikindo and Bigo Technology Pte. Ltd. The aim of this research is to illustrate the legal protection for Aquarius' phonogram producers over their recorded works, based on Law No. 28 of 2014 concerning Copyright (2014 Copyright Law) and the Constitution Law No. 28 of 2014 concerning Copyright (2014 Copyright Law) and the Constitutional Court Decision No. 84/PUU-XXI/2023 (MK Decision). The research methodology is normative legal research with a descriptive nature. The primary data in this study are secondary data, supported by primary data, analyzed qualitatively, and conclusions are drawn deductively. In the effort to protect phonogram producers, the MK Decision states that Article 10 of the 2014 Copyright Law is conditionally contradictory to Article 28D paragraph (1) of the 1945 Constitution. This research shows that the Constitutional Court has expanded the interpretation of marketplace, where digital platforms based on user-generated content (UGC) are now equated with traditional marketplace operators. These operators are not permitted to sell, display, and/or duplicate goods that infringe copyrights and/or neighboring rights without authorization.

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