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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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PENERAPAN ASAS FIDUCIARY DUTY TERHADAP DIREKSI DALAM PELANGGARAN KLAUSULA NEGATIVE COVENANTS PERJANJIAN KREDIT: Application of The Principle of Fiduciary Duty to Directors in Violation of The Negative Covenants Clause of a Credit Agreement Putri, Denisya Adriana Maharani; 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/pe2zrr60

Abstract

The Board of Directors as the management of the company is responsible for overseeing and managing the business in accordance with the company's articles of association and the regulations contained in Law 40 of 2007 concerning Limited Liability Companies. One of the principles that guides the responsibility of the Board of Directors in carrying out its role as the management of the company is Fiduciary Duty. The problem discussed relates to the violation of the negative covenants clause in the credit agreement of PT Hair Star Indonesia. PT Bank OCBC NISP Tbk filed a lawsuit with a tort claim against the directors of PT Hair Star Indonesia because the Directors of PT Hair Star Indonesia were considered negligent in carrying out their responsibilities so that the veil of the company was torn and Piercing the Corporate Veil became applicable. As a result, PT Bank OCBC NISP Tbk suffered losses as a result of the violation of the principle of Fiduciary Duty committed by the Directors of PT Hair Star Indonesia in managing the company. The research methodology used is descriptive normative with secondary data sources and deductive approach.
ASURANSI JIWA KREDIT SEBAGAI PERSYARATAN DALAM PENGAJUAN KREDIT PEMILIKAN RUMAH (KPR): Credit Life Insurance as A Requirement for Applying for a  Housing Loan (KPR Putra, Ilham Yugo Adi; 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/jh3yj846

Abstract

Home Ownership Credit (KPR) is a financing option offered to prospective residential property buyers. KPR serves as a solution to bridge the gap between home ownership aspirations and the financial capacity of the public. The bancassurance scheme is often combined with life insurance as a guarantee. However, given the long payment duration and various risks that may arise during the credit period, such as the death of the debtor, financial institutions impose credit life insurance requirements as part of the KPR application. This study examines whether credit life insurance is a mandatory requirement in KPR applications. The findings show that banking institutions do require credit life insurance as part of their risk mitigation strategy. This is implemented by Bank Syariah Indonesia, which requires the use of BNI Life Credit life insurance to ensure protection for customers in case of unexpected events such as the death of the debtor. The same can be found at Bank Rakyat Indonesia (BRI), which requires Bringin Life and Heksa Eka Life insurance in KPR applications to mitigate risks. This policy is in line with the Copy of the Financial Services Authority Circular Letter Number 33/SEOJK.03/2016 Concerning the Implementation of Risk Management in Banks Conducting Marketing Cooperation Activities with Insurance Companies (Bancassurance). Thus, the life insurance requirement in KPR is not just a bank preference, but rather an implementation of regulations aimed at maintaining the stability of the banking sector and protecting the interests of all parties involved.
PERTIMBANGAN PENOLAKAN HAKIM DALAM PUTUSAN PERMOHONAN PENUNDAAN KEWAJIBAN PEMBAYARAN UTANG OLEH PT. ADHIKARA PUTRA MANDIRI TERHADAP PT. BANYU TELAGA MAS: Judge’s Rejection of the Postponement of Debt Payment Obligations (PKPU) Filed by PT Adhikara Putra Mandiri Against PT Banyu Telaga Mas Chaezarani, Salsabila; 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/f63eyk81

Abstract

In the judge's consideration, the judge rejected the request for Postponement of Debt Payment Obligations (PKPU) filed by PT Adhikara Putra Mandiri as a creditor against PT Banyu Telaga Mas as a debtor on the grounds that the elements of simple proof were not fulfilled. The question is whether Law Number 37 of 2004 which regulates Bankruptcy and Suspension of Debt Payment Obligations is in line with the rejection of the judge’s consideration in the PKPU application. This research uses a descriptive normative legal research methodology using secondary data derived from primary and secondary legal materials to then be analyzed qualitatively an deductively drawn conclusions. Because the requirements for filling a PKPU application are limited to what is mentioned in Article 222 of Law Number 37 of 2004 concerning bankruptcy and PKPU, therefore the results of this study can be concluded that judges clarity in the PKPU Process, fundamental evidentiary reqirements must be applied.  
ANALISIS YURIDIS PELAKSANAAN PROGRAM KEMITRAAN DAN PROGRAM PENDANAAN USAHA MIKRO DAN USAHA KECIL (STUDI Pada: PT TELEKOMUNIKASI INDONESIA (PERSERO) Tbk.): Legal Analysis of the Implementation of Partnership Programs and Funding Programs for Micro and Small Enterprises (Study on: PT Telekomunikasi Indonesia (Persero) Tbk.) Suffi, Sabrina Nindya; Yunari, Sri Bakti
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/xabbjn23

Abstract

The CSR of State-Owned Enterprises (SOEs) stems from the concept of social responsibility, where social aspects can take the form of Partnership Programs and Micro and Small Business Funding Programs. This includes PT Telekomunikasi Indonesia (Persero) Tbk. Referring to the Regulation of the Minister of SOEs Number PER-02/MBU/7/2017 for the Partnership Program in conjunction with the Regulation of the Minister of SOEs Number 05/MBU/04/2021, both programs represent the CSR pattern of SOEs in contributing to the economic sector, particularly towards community businesses that are still classified as micro and small businesses to increase income. The aim of these partnership and funding programs is to nurture micro and small businesses into more independent and resilient businesses to ensure their sustainability and growth. In practice, of course, the implementation of these two programs encounters several challenges. Using a normative juridical research type, this research is descriptive in nature, based on secondary data consisting of primary, secondary, and tertiary legal materials, and is analyzed qualitatively with deductive conclusions. Based on the analysis results, the implementation of the Partnership Program and the Micro and Small Business Funding Program by PT Telekomunikasi Indonesia (Persero) Tbk has been appropriate, but the distribution of partnerships and fund disbursement is not yet evenly spread and is still concentrated in certain sectors and regions.
PENGATURAN SISTEM KEAMANAN TRANSAKSI PEMBAYARAN DENGAN DOMPET ELEKTRONIK(STUDI PERBANDINGAN ANTARA INDONESIA DAN SINGAPURA): Regulating The Security System of Payment Transactions with Electronic Wallet (A Comparative Study Between Indonesia and Singapore) Mali, Yosefa Oktriviani Mutiara; 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/tc075e31

Abstract

Advances in financial technology bring convenience and efficiency in electronic payment systems, one of which is the electronic wallet that is popular among people today. Electronic wallets are storage of payment instruments using cards or electronic money, holding funds and making payments. Behind the convenience of using electronic wallets, there are also frequent security problems, namely balance breaches, hacking of information data and illegal access to electronic wallet accounts in an application so that a comparison of electronic wallet security system arrangements in Indonesia and Singapore is carried out. The research was conducted normatively in the form of comparative law using secondary data sources, descriptive research nature, data analysis with qualitative methods, and deductive inference. In Indonesia, the regulation of electronic wallet security systems in several regulations and in Singapore is regulated in the Payment Service Act 2019 and its statutory guidelines. The results showed that there are 4 similarities and 6 differences in electronic wallet security arrangements seen from the aspects of licensing, cybersecurity, auditing, personal data protection, risk management, information system security, access control and anti-money laundering. With the similarities and differences in the arrangements, Indonesia can adopt the arrangements from Singapore to develop regulations for electronic wallet security systems to overcome growing technological crime.  
PENYERANGAN TERHADAP HORS DE COMBAT DALAM KONFLIK BERSENJATA BERDASARKAN PRINSIP PEMBEDAAN: Attacks Againts Hors De Combat in Armed Conflict Based on The Distinction Principle Salsabilah, Nahdia; Wibowo, Aji
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/ddxr7y59

Abstract

This research analyzes and discusses hors de combat as a subject in International Humanitarian Law, focusing on implementing the principle of distinction in armed conflict. The discussion arises from frequent misunderstandings about the subjects of International Humanitarian Law, which juxtaposes combatants with non-combatants. Article 10 of Additional Protocol I of 1977 states that International Humanitarian Law respects and protects all wounded, sick, and shipwrecked persons. Therefore, this paper will discuss the position of combatants who cannot participate in hostilities due to the reasons mentioned in the article and how International Humanitarian Law protects them. This research will discussed the issue in relation to the problems that occured during the conflict between Palestine and Israel in 2024.
PELANGGARAN PRINSIP KEHATI-HATIAN DALAM HILANGNYA DANA NASABAH BANK SULSELBAR: Violation of the Prudential Principle in the Loss of Bank Sulselbar Customer Funds Al Rabbani, Muhammad Irfan; Setyaningsih
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/yxjms326

Abstract

Violations of the precautionary principle in the case of lost customer funds at Bank Sulselbar. Banks are responsible for maintaining liquidity and public trust by implementing the precautionary principle. However, the phishing case in Bank Sulselbar's mobile banking service shows that the bank did not apply the precautionary principle by not blocking hacked customer accounts. As a result, the customer lost Rp. 131.485.906 while the bank only offered compensation of Rp. Rp.45.479.406. This research found that Bank Sulselbar violated Article 29 paragraph (2) of Law No. 10/1998 concerning Banking and Article 20A Paragraph (1) of Law No. 4/2023 concerning Development and Strengthening of the Financial Sector. That the method used in this research is to use normative research methods carried out on legal principles related to the subject of the research, in this case the violation of the precautionary principle in the loss of funds from Bank Sulselbar customers. The conclusion is that negligence in implementing the precautionary principle causes significant losses for customers and damages public trust in banks. That banks must increase security and maintain public trust by tightening operational procedures and improving risk management systems to prevent similar incidents in the future.
PENERAPAN CUSTOMER DUE DILIGENCE PADA SHOPEEPAYLATER SEBAGAI ALTERNATIF METODE PEMBAYARAN: Application of Customer Due Diligence on ShopeePayLater as an Alternative Payment Method Rozaq, Hendrianto; Santoso, Rahmat
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/sp0rm058

Abstract

The existence of financial technology (Fintech) in Peer to Peer Lending (P2P Lending) services with the PayLater scheme is the public's choice for payment transactions in the Shopee application (in collaboration with PT. CF). ShopeePayLater (SPayLater) is a trend today because of its simplicity of activation and use, especially for young people, who tend to choose it over bank credit. However, the lack of selectivity in carrying out Customer Due Diligence on prospective debtor customers can lead to an increase in credit arrears or bad credit which results in default. This relates to the principle of prudence in PT CF's credit policy as a provider of SPayLater. Researchers are interested in researching and making the focus of this research by raising the issue of how is the application of Customer Due Diligence on ShopeePayLater as an alternative payment method? The conclusion of this research is that there is no strict supervision and mechanism for prospective debtor customers, so that Customer Due Diligence does not run according to applicable regulations.
PENYALURAN KREDIT USAHA RAKYAT MIKRO TERHADAP MANAGIAH CATERING: Micro People's Business Credit Distribution to Managiah Catering Gani, Muhammad Hasya; 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/gth50e83

Abstract

As financial intermediaries, banks act as a middleman between clients with insufficient funds and clients with surplus funds. One of the primary businesses of banks is credit. Credit agreements agreed upon by the Bank as Creditor and Debtor. Business owners, particularly micro, small, and medium-sized enterprises (UMKM), employ the distribution of funds to enhance revenue. The People's Business Credit Program (KUR) is one of the programs the government has adopted to assist. Managiah Catering requested a KUR loan under the Micro KUR program, but while the agreement is taking place, Managiah Catering suggested extra funding to boost production capital. PT Bank Rakyat Indonesia (Persero) Tbk (BRI Bank) turned down the submission due to the requirement that the prior loan be paid back in full. How is the implementation of Micro KUR distribution to Managiah Catering by BRI Bank? is the problem formulation in this article. This study is normative and descriptive in character. It employs qualitative data analysis and deductive conclusion-making The result of this study investigates the implementation of Micro KUR distribution, finding it in compliance with statutory regulations but contradicting Article 24 paragraph (1) of Coordinating Ministerial Decree No. 1 of 2023 related to extra funding.
PROBLEMATIKA CAKUPAN WILAYAH INDIKASI GEOGRAFIS PISANG TONGKA LANGIT AMBON: The Area Coverage Issues in Geographical Indications Pisang Tongka Langit Ambon Wardani, Aulia Tri; Nugrahani, Rr. Aline Gratika
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/xkjfna15

Abstract

Indonesia is a tropical country that is rich in natural resources and has a very diverse biological and animal diversity from various regions. Each region in Indonesia has processed products that contribute to the distinctive characteristics of each region which can certainly improve the economic value in the region. Legal protection is needed to guarantee the authenticity of the origin of a product produced. This is what gives rise to a geographical indication. A product that aspires to be designated a geographical indication must possess a certain degree of uniqueness or distinctive characteristics. One illustrative example of a geographical indication product is the Pisang Tongka Langit, an endemic variety native to Eastern Indonesia, particularly the Maluku and Papua regions. The city of Ambon is one of the principal locations where this banana is processed. In order for a product to be designated as a geographical indication, it is necessary to have a certain sign that demonstrates the origin of the product from a specific area or region and possesses distinctive features or characteristics that differentiate it from other regions. Therefore, it is necessary to know the standard coverage area that can be used for naming a geographical indication product.

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