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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 YURIDIS OBJEK JAMINAN DEBITUR YANG DILELANG TANPA MELALUI KEBIJAKAN RESTRUKTURISASI OLEH BANK RAKYAT INDONESIA (STUDI PUTUSAN NOMOR 486/PDT/2021/PT SMG): Yuridis Analysis the Object of The Garanties of Debitures Without Passing the Restructuring Provisions of Bank Rakyat Indonesia (Study Decision Number 486/Pdt/2021/Pt Smg) Syaharani, Claudia; 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/r6zzzm55

Abstract

Rescheduling is a legal strategy offered by financial institutions like banks to aid debtors struggling with debt by adjusting certain terms of their credit agreements, such as payment schedules and loan amounts. However, when banks auction off collateral without adhering to their rescheduling policies, as discussed in high court case No.486/PDT/2021/PT SMG concerning property rights disputes involving guarantees for debt settlement, significant legal consequences arise for debtors of Bank Rakyat Indonesia. This study employs normative legal research using secondary data and employs descriptive qualitative analysis. It concludes that unilateral auctioning of secured assets by the bank, without considering debtor interests via rescheduling, can lead to debtor losses, particularly in terms of forfeiting ownership of guaranteed assets.
PROBLEMATIKA YURIDIS RANGKAP JABATAN APARATUR SIPIL NEGARA DENGAN PENGURUS BADAN USAHA MILIK NEGARA: Juridicial Review Problems of Concurrent Positions of State Civil Apparatus with Management of State-Owned Enterprises Rizkyta, Altrifi; Nasef, Muhammad Imam
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/t8wcx192

Abstract

The State Civil Apparatus is one of the implementing components of government which is also included as public service officials. In this case, of couse state civil service has an important role in implementing good governance in order to achieve community welfare. However, in practice the implementation of good governance is hampered by one issue, namely interlocking directorates. Interlocking directorates that occur are closely related to the ambiguity in the regulation of dual positions for state civil service and state owned enterprises administrators in statutory regulations. This research uses a normative juridicial research type, this research is descriptive in nature, the data in this research uses secondary data through literature study. Secondary data was analyzed qualitatively and conclusions were drawn using deductive methods. In this case, there are many laws and regulations related to state civil service, state owned enterprises and other decisions related to holding multiple positions that prohibit holding multiple positions, but in the state civil service law itself, it is not stated clearly about positions and consequences of hlding multiple positions which the results in holding multiple positions by several parties and as one of the reasons deemed valid for the dual posistions treatment.
ANALISIS YURIDIS PELAKSANAAN TJSL PERSEROAN DALAM BENTUK PEMBERDAYAAN MASYARAKAT DI BIDANG SOSIAL DAN LINGKUNGAN (STUDI PADA P.T KPC): Juridical Analysis Of The Implementation Of Corporate Social Responsibility (CSR) In The Form Of Community Empowerment. (Study at PT KPC) Putra, Ghayana Aditya; 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/r1ta9h63

Abstract

Corporate Social and Environmental Responsibility (TJSL) is an obligation that must be carried out by companies by paying attention to decency and fairness as stated in Law Number 40 of 2007 concerning Limited Liability Companies (UUPT) and PP No. 47 of 2012 concerning Social and Environmental Responsibility of Limited Liability Companies (PP TJSL-PT). This obligation also applies to PT Kaltim Prima Coal (PT KPC), which in its implementation takes the form of a community empowerment program in the social and environmental fields. Based on this, how is PT KPC's TJSL program funding compatible with East Kalimantan Regional Regulation Number 3 of 2013, and secondly regarding the integral part of the company's obligations in order to contribute to sustainable economic development and improving quality in the social and/or environmental fields. By using a normative legal research type, which is descriptive in nature using secondary data which is supported by primary data and then analyzed qualitatively to reach deductive conclusions. Based on the results of the analysis of the implementation of the Company's TJSL by PT KPC, there is a discrepancy in implementation based on East Kalimantan Regional Regulation Number 3 of 2013 and the forms of programs implemented are an integral part of the company's obligations to contribute to sustainable economic development and improving the quality of life in the social and environmental fields.
KEWAJIBAN ASURANSI JIWA KREDIT BAGI LESSEE DALAM PERJANJIAN SEWA GUNA USAHA: Life Insurance Requirement In Finance Lease Agreement Wijaya, Geraldo Valento; 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/hh76rm40

Abstract

Insurance is a risk transfer agreement that is often used by society to this day, and is also used by leasing companies to reduce the risk of default that may occur in leasing financing activities. However, leasing companies often require prospective financing recipients to insure their lives. Is there an obligation for life insurance for the lessee in the main lease agreement? This is the core issue that will be addressed. This research uses a normative type with a descriptive nature, by qualitatively analyzing secondary data including primary legal materials and secondary legal materials directly related to insurance law and financing law obtained through visits to the Trisakti University Faculty of Law Library and internet searches. Credit life insurance is categorized as voluntary insurance that prioritizes the agreement of the parties in concluding the insurance, so the insurance obligation stipulated in a Lease Agreement is a mistake against the fulfillment of the halal causa requirement and the principle of freedom of contract, which results in the Lease Agreement being null and void by law, and the lessee is not required to have life insurance. The Leasing Company (lessor) can only offer the prospective lessee the option to choose credit life insurance or not.
PENTINGNYA REGULASI YANG MELINDUNGI PENGEMUDI OJEK ONLINE PEREMPUAN: The Importance of Regulations That Protect Female Online Motorcycle Drivers Zain, Luthfiah; Retnowulandari, Wahyuni
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: 10.25105/5sy13m12

Abstract

This research aims to find out the legal regulations for female online motorcycle taxi drivers, and analyze what forms of rights and legal protection are needed by female online motorcycle taxi drivers. Online motorcycle taxi is a transportation service that uses an online application. Previously, conventional motorcycle taxi transportation services were dominated by male drivers. However, as time goes by, the existence of online motorcycle taxis has made it possible for women to pursue work as online motorcycle taxi drivers. Through the participation of women in this job, we can change the view that this job is only suitable for men. Based on CEDAW (The Convention on the Elimination of All Forms of Discrimination Against Women), men and women have the same opportunities and rights to work. However, if there is discrimination against women, then this constitutes a violation of women's human rights. Therefore, with the existing rules, they should be able to be applied in the field. Women are very vulnerable and need special protection to ensure that there is work that has the potential to threaten them. The type of research used is normative, namely providing descriptive data by collecting secondary data through literature searches, and analyzing it qualitatively, as well as drawing conclusions deductively. However, based on facts on the ground, currently there is no specific law that regulates and guarantees legal protection and their rights as online motorcycle taxi drivers, especially female drivers
PENGATURAN PEMBERDAYAAN PEREMPUAN MELALUI STRATEGI PENGARUSUTAMAAN GENDER: Regulations For Women's Empowerment Through Gender Mainstreaming Strategy Ramadhina, Fadya; Retnowulandari, Wahyuni
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/wsyk6207

Abstract

Poverty in Indonesia has an impact on women and is a problem that causes women to be trapped in a cycle that is difficult to break. Banten Province, which is experiencing rapid urbanization, faces major challenges in dealing with poverty. Tangerang City, as one of the economic centers in this province, shows social inequality. For this reason, the central and regional governments have issued various regulations and policies to improve gender equality, as contained in the 1945 Constitution of the Republic of Indonesia and CEDAW as the main instrument for the principle of equal rights. The research has a problem formulation, namely to determine the implementation of women's empowerment policies as intended in Tangerang City Regional Regulation Number 5 of 2018 and aims to describe the implementation of women's empowerment policies as intended in Tangerang City Regional Regulation Number 5 of 2018. This research focuses on the arrangements/regulations made Tangerang City regional government to show women's empowerment to achieve gender equality in areas experiencing poverty in Tangerang City. This research uses a normative type with a descriptive nature and then draws conclusions deductively. Based on the research results, the implementation of the Women's Empowerment policy is still hampered and has not been implemented evenly, which means that there are still many women in the city of Tangerang who have not experienced this policy to eradicate poverty in the City of Tangerang in order to create justice and equality regardless of gender.
KEWAJIBAN UTAMA NEGARA TERHADAP DISKRIMINASI PEREMPUAN SUMBA DALAM HAK MELANGSUNGKAN PERKAWINAN PADA TRADISI PITI RAMBANG: The Primary Obligation of the State Towards the Discrimination Against Sumba Women in the Right to Enter into Marriage in the Tradition of Piti Rambangin Louisa, Monique; Notoprayitno, Maya Indrasti
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/dexkyt13

Abstract

Discrimination against women's rights, especially in the right to marry, still occurs in Indonesia, contradicting existing legal regulations, one of which is the Piti Rambang tradition in Sumba. Women's rights are part of human rights (HAM), and as universal rights based on equality, the recognition and protection of human rights should be fulfilled for all individuals, both men and women. The state clearly plays an important role in this, and therefore, every country has the primary obligation based on human rights. This disparity forms the basis of this research problem, namely how the state’s primary obligation in the right to marry applies to the Piti Rambang tradition. This research uses normative legal research that describes the primary obligations of a state related to discrimination against women in an Indonesian custom, specifically Piti Rambang. This tradition violates the right to marry for Sumbanese women, and the state is obliged to respect, protect, and fulfill human rights. The state is expected to ensure the fulfillment of its obligations and to prevent discrimination from the Piti Rambang tradition.  
PENGALIHAN INVESTASI TABUNGAN DEPOSITO MENJADI PRODUK ASURANSI YANG DIKAITKAN DENGAN INVESTASI (PAYDI): The (Conversion/Transformation) of Deposit Savings Investment into Investment-Linked Insurance Products (PAYDI) Dafi, Alleina Syarifa; 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: 10.25105/337a1v98

Abstract

The banking industry plays a crucial role in the economy.Banks or banking institutions have the function of collecting and channeling public funds, and one of the banking activities regulated by Law Number 10 of 1998 on Banking is the collection of funds from the public in the form of time deposits and deposit certificates. On the other hand, in this modern era, an insurance institution not only acts as a protection or coverage provider for insured objects, but also serves as a means for investment. Insurance companies now offer many Investment-Linked Insurance Products (PAYDI), commonly known as 'unit-linked' products, which combine life insurance and investment services simultaneously. The concept of PAYDI allows for collaboration between banks and insurance companies, integrating two distinct activities into a cooperative relationship known as bancassurance. PAYDI offers attractive profit potentials for policyholders, but on the other hand, it may encounter obstacles in its implementation if PAYDI is made with the involvement of bank(bancassurance) and through the redirection outside the business model that has been regulated in the regulations of the legislation, such as assets linked through the transfer of investments like Deposits involving PT Asuransi Jiwasraya with a customer of a bank that has a cooperative relationship with PT Asuransi Jiwasraya. This study is a normative study with descriptive characteristics to be further analyzed qualitatively to find out whether the transfer of investment forms of deposits to PAYDI is permitted along with the provisions governing it, then drawn the deductive conclusion that such transfer is not specifically regulated in the regulations of the legislation and becomes possible only on the basis of agreement of the parties.
PERBANDINGAN PENERAPAN HUKUM PERJANJIAN TERTUTUP OLEH KPPU DAN JFTC: Comparison of the Application of the Law of Exclusive Dealing on Discout by KPPU and JFTC 025 Putri, Bunga Amelia; Purnamasari, Dian
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: 10.25105/71gee478

Abstract

Agreements among business actors are common in the context of competition law in Indonesia and Japan. However, such agreements may be considered violations if they restrict competitors in the market, such as exclusive dealing on pricing or discounts. This study aims to describe the similarities and differences in the enforcement of laws by the Indonesia Competition Commission (KPPU) and the Japan Fair Trade Commission (JFTC). The research adopts a normative legal method with a comparative approach, utilizing secondary data and descriptive-analytical analysis. The findings reveal similarities in violations governed by Article 15(3)(b) of Indonesian Law No. 5 of 1999 and Article 19(6)(d) of Japan's Antimonopoly Act (AMA), such as the annulment of agreements and orders to cease unlawful practices. Differences are observed in the form of legal decisions, enforcement approaches, and the implementation of legal training programs in Japan. Additionally, while both KPPU and JFTC are independent authorities with similar mandates, JFTC holds the authority to enter business premises, which KPPU lacks. This study offers insights into the implementation of competition law regulations in the two countries.
KAJIAN TERHADAP INTELLECTUAL PROPERTY OFFICE OF SINGAPORE (IPOS) DALAM PENYELESAIAN SENGKETA MEREK: A Study of the Intellectual Property Office of Singapore (IPOS) in Trademark Dispute Resolution Wahyuni, Putri Indah; Nugrahani, 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/g2bwg597

Abstract

Trademark protection will arise when the trademark is registered, this system is called the constitutive system. The use of a constitutive system provides more legal certainty than a declarative system on copyright, however, trademark registration does not terminate trademark infringements that give rise to many disputes. Trademark dispute resolution can be resolved through mediation or litigation. Based on TRIPs (Trade Related Aspect of Intellectual Property Rights), the parties can choose between the two settlements. However, dispute resolution in each TRIPs member country has differences, one of which is about time, some countries require a long dispute resolution time, some have a shorter duration. Like Singapore, through IPOS, it can resolve trademark disputes in a short time. For this reason, this paper will examine IPOS in the process of resolving trademark disputes in Singapore with a slight comparison of trademark dispute resolution in Indonesia. This study uses a normative writing method with the use of secondary data, which is supported by primary data. The nature of the research is descriptive analysis, by analyzing the data qualitatively. Based on the results, it is concluded that through IPOS, trademark dispute resolution in Singapore can be resolved through faster and cheaper administrative channels. .

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