cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Dinda Keumala
Contact Email
amicus.curiae@trisakti.ac.id
Phone
+6287840093703
Journal Mail Official
ernameiliana@trisakti.ac.id
Editorial Address
Sekretariat Amicus Curiae Gedung H, Kampus A, Jalan Kyai Tapa No. 1 Grogol, Jakarta Barat, Indonesia
Location
Kota adm. jakarta barat,
Dki jakarta
INDONESIA
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 398 Documents
 26   27   28   29   30 
TINJAUAN YURIDIS PEMUTIHAN PAJAK KENDARAAN BERMOTOR UNTUK MENINGKATKAN PENDAPATAN ASLI DAERAH DI KOTA SEMARANG TAHUN 2023: Juridical Review of Motor Vehicle Tax Reduction in Increasing Original Regional Income in Semarang City in 2023 Sukma, Sinta Ade; Primananda, Eko
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: 10.25105/4cffr735

Abstract

The central government delegates authority to regional governments to carry out household finances independently through decentralization with the aim of improving the welfare of the community. One of the regional government financing comes from regional taxes. This research adopts a normative juridical method with a descriptive approach, and analyzes secondary data supported by interviews. The PKB whitening program was implemented to encourage taxpayers to pay off their tax arrears by clearing late fines, as was done by Central Java Province, especially Semarang City. Based on Central Java Governor Regulation No. 9 of 2023, this program is designed to help vehicle owners fulfill their obligations without any fines/witnesses. Implementation includes determining objects and subjects, collection procedures, fee provisions, sanctions, and performance budgets. This shows an increase in motor vehicle tax revenue of 20.59% compared to the previous year. This program has proven effective in increasing regional income and taxpayer compliance.
PEMBUKTIAN TINDAK PIDANA KORUPSI INDONESIA DENGAN BELANDA: The Verification of Corruption Offenses in Indonesia and the Netherlands Ratu, Gabriella Antonia; Kirana, Gandes Candra
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/zpb0cx19

Abstract

Corruption is a complex issue with wide-ranging impacts in various countries, including Indonesia and the Netherlands. This study aims to compare the regulations and proof mechanisms of corruption crimes in both countries. In Indonesia, proving corruption crimes involves the application of a reverse burden of proof, where the defendant must prove that their wealth was obtained legally. This contrasts with the general principle of criminal law, which places the burden of proof on the public prosecutor. In the Netherlands, the burden of proof remains with the public prosecutor, who must prove the defendant's guilt beyond a reasonable doubt. This study uses a normative juridical approach with qualitative analysis of secondary data from various legal sources. The findings indicate that despite the different approaches, both Indonesia and the Netherlands emphasize the use of valid evidence and fair trial processes. The reverse burden of the proof system in Indonesia shows a more aggressive effort in combating corruption but also poses challenges in implementation.
PERBANDINGAN PENYELESAIAN PERSELISIHAN PEMUTUSAN HUBUNGAN KERJA DI INDONESIA DAN KOREA SELATAN: Comparative Study of Employment Termination Dispute Resolution in Indonesia and South Korea Ballah, Altiara Nazma Aulia; Alfianto, 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/wgzd7z42

Abstract

The relationship between workers and employers doesn’t always go well, many problems arise such as disputes over rights, and interests, termination of employment, and disputes between trade unions/labor unions in one company. Disputes in industrial relations cannot be avoided because we must have different opinions as humans. Termination of employment dispute is the most common dispute in Indonesia compared to the other three industrial relations disputes. Termination of employment disputes occurs not only in Indonesia but also in South Korea. The problem in this study is to compare the regulations for resolving employment termination disputes In both Countries. This research uses normative research type, namely legal comparison, and descriptive which requires secondary data. Data for this research will be collected using a literature study with qualitative analysis and a deductive method. The results obtained in this study show the differences and similarities of regulations in resolving employment termination disputes where the process of resolving layoff disputes in South Korea and Indonesia both prioritize negotiations, and the difference is that in South Korea the Labor Relations Commission (LRC) institution is known to get to the court stage, which must pass an examination through the regional LRC after the National LRC then goes to the administrative court.
PERLINDUNGAN HUKUM TERHADAP PEREMPUAN PENYANDANG DISABILITAS DALAM BIDANG KETENAGAKERJAAN: Legal Protection for Women with Disabilities in The Field of Employment Anggraeni, Felicia; 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/m4zyfr07

Abstract

The realization of human rights is a fundamental right of every individual, including women with disabilities. The fulfillment and implementation of rights related to women with disabilities must be prioritized. However, existing legislation does not yet provide specific regulations offering greater protection for women with disabilities in the employment sector, despite the necessity of such regulations due to their heightened vulnerability to multiple layers of discrimination. The problem statement of this article is how are the fulfillment and implementation of the rights of women with disabilities in the employment sector regulated by the laws and regulations? The purpose of this article is to describe the fulfillment and implementation of the rights of women with disabilities in the employment sector according to the applicable laws and regulations. This study employs a normative legal research method, utilizing secondary data. It is descriptive-analytical and analayzed qualitively, with conclusions drawn using a deductive approach. The findings show that the rights of women with disabilities in the workplace are not effectively implemented due to a lack of specific regulations and ongoing discrimination. The conclusion is that specific regulations for women with disabilities in the employment sector are urgently needed, given their hightened vulnerabilitu to multiple forms of discrimination.  
PENYELESAIAN SENGKETA PEMUTUSAN HUBUNGAN KERJA (PHK) ANTARA SUHARDI DIBYO TRISWORO DAN CV. SATRIA BUANA SAKTI: Settlement of Termination of Employment (PHK) Dispute between Suhardi Dibyo Trisworo and CV. Satria Buana Sakti Putradianto, Mochammad Fauzan; Pamungkas, Yogo
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/jx218a93

Abstract

This study discusses the settlement of the Termination of Employment (PHK) dispute between Suhardi Dibyo Trisworo and CV. Satria Buana Sakti which was decided through Cassation Decision Number 615 K/Pdt.Sus-PHI/2024. The legal issues discussed include the inconsistency of the implementation of the unilateral termination of employment by the company, which is contrary to applicable laws and regulations, namely Law Number 11 of 2020 concerning Job Creation and Government Regulation Number 35 of 2021. The analysis shows that termination of employment must be carried out in accordance with legal procedures and accompanied by timely notification. In addition, the neglect of workers' rights to receive compensation, such as severance pay and length of service awards, is also the focus of the discussion. In conclusion, the actions of CV. Satria Buana Sakti do not comply with applicable legal provisions, which have the potential to harm workers' rights. The recommendation put forward is the need for stricter law enforcement against companies that carry out termination of employment without following the correct procedures and providing workers' rights in accordance with existing regulations.
PENGENAAN SUBSIDI BAJA NIRKARAT PRODUKSI INDONESIA DALAM PUTUSAN UNI EROPA DITINJAU DARI HUKUM PERDAGANGAN INTERNASIONAL: The Imposition of Subsidies on Indonesian Stainless Steel Production in the European Union Decision in View of International Trade Law Agung Wijaya; Saleh, Rosdiana
AMICUS CURIAE Vol. 2 No. 2 (2025): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v2i2.21919

Abstract

Subsidies are given with the aim of supporting the export performance of a country and promoting welfare, especially for developing countries. Subsidy regulation refers to the rules of the GATT and WTO Agreement. GATT has regulated subsidies in Article XVI of GATT, while the WTO Agreement that regulates subsidies is the SCM Agreement. Article XVI of GATT stipulates that subsidies provided by developing countries for economic improvement cannot be sanctioned in the form of countervailing duty. The problem is whether the subsidization of stainless steel products produced in Indonesia and exported to the European Union violates or does not violate the rules of the GATT / WTO Agreement? This research is a normative and descriptive research to examine the subsidies as argued by the European Union. Secondary data becomes the main data which is processed qualitatively and then collected through literature study. Finally, deductive conclusions are drawn from the analysis that has been done. Indonesia's policy regarding stainless steel does not violate the rules of the GATT / WTO Agreement so that the imposition of sanctions by the European Union is not in accordance with the rules of international trade law. 
PENGATURAN TANGGUNG JAWAB SOSIAL DAN LINGKUNGAN BADAN USAHA MILIK NEGARA (TJSL BUMN) PADA PT TIMAH TBK: Regulation of Social and Environmental Responsibility of State-Owned Enterprises (TJSL BUMN) in PT Timah Tbk Keisyha Amanda Putri; Yunari, Sri Bakti
AMICUS CURIAE Vol. 2 No. 2 (2025): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v2i2.22002

Abstract

Social and Environmental Responsibility (TJSL) in SOEs (BUMN) in Indonesia is a requirement as intended in Paragraph (1) Article 88 of Law Number 19 of 2003 concerning State-Owned Enterprises. This is no exception for PT Timah Tbk which has a business in the unitary segment of tin mining activities starting from exploration of mining areas, and mining activities to processing and marketing of Tin products. The rules regarding TJSL BUMN experience dynamic changes from time to time as evidenced by the Decree of the Minister of Finance No. 1232/KK.013/1989 to the newest regulation, namely Ministry of BUMN Regulation Number PER-1 /MBU/03/2023. Through normative-descriptive research methods, the author analyzes the TJSL regulations of BUMN which are further regulated through internal company regulations, especially by PT Timah Tbk. Through this research, it can be concluded that PT Timah Tbk has internal regulations regarding BUMN TJSL based on applicable regulations. However, there are still several obstacles to implementing them, such as existing company regulations which are still based on BUMN Ministerial Regulation Number PER-6 /MBU/09/2022 The recommendation given is that PT Timah Tbk company regulations need to be formed in implementing TJSL based on new regulations, namely BUMN Ministerial Regulation Number PER-1 /MBU/03/2023.
PERLINDUNGAN KONSUMEN BAGI KORBAN KERACUNAN MAKANAN JAJANAN LATIAO DI SDN CIDADAP I KECAMATAN SUKARAJA: Consumer Protection for Victims of Food Poisoning from Latiao Snacks at SDN Cidadap I Sukaraja District Gheryl Sebastian Sijabat; Dian Purnamasari
AMICUS CURIAE Vol. 2 No. 2 (2025): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v2i2.22860

Abstract

Latiao is a processed food product imported from a manufacturer in China. However, an extraordinary food poisoning incident occurred at SDN Cidadap I in Sukaraja District as a result of consuming this product. The issue addressed in this study revolves around consumer protection for Latiao product consumers and the legal actions that can be taken. This research uses a normative and descriptive approach, employing secondary data to support primary data, which is then analyzed qualitatively and concluded deductively. The study findings conclude that the business operator violated Article 4, letter (a) of the Consumer Protection Law (UUPK) by failing to ensure that the product met consumers' safety, health, and security standards. Other violations identified include Article 7, letter (b) regarding the provision of accurate information about the product, Article 7, letter (d) on product quality, Article 8, letter (a) on compliance with legal product standards, as well as letters (d) and (e) concerning the product's condition and processing. Other regulations disobeyed are Article 86 of the Food Law on product distribution and Article 90 regarding harmful content. It also reveals that the victims have not taken any legal action following the poisoning incident.
PENCEMARAN YANG DISEBABKAN OLEH TUMPAHAN MINYAK DARI KAPAL MV. WAKASHIO DI PERAIRAN MAURITIUS DITINJAU DARI HUKUM LINGKUNGAN INTERNASIONAL: Pollution Caused by Oil Spill From MV. Wakashio in Mauritius Waters Viewed From International Environmental Law Erprido Goklas; Amalia Zuhra
AMICUS CURIAE Vol. 2 No. 2 (2025): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v2i2.22861

Abstract

It is the responsibility of the government of a country to take all necessary steps to make sure that activities that are done within its jurisdiction do not cause pollution to other countries.  The role of the MV Wakashio ship as the cause of water pollution in Mauritius. In this research, one legal identification  problem is how the Japanese government is responsible for the transboundary pollution caused by the oil spill from the Bulk Carrier in the waters of Mauritius. This legal research is normative legal research that emphasizes data and information from literature. This study found that the pollution in the waters caused by a leaking bulk carrier that spilled oil in the sea off Mauritius should be held accountable by the Japanese shipping company. Japan has provided appropriate compensation to address marine pollution in accordance with Mauritius's request. This case will be reviewed under the rules of UNCLOS 1982, LLMC 1986, CLC 1992, and the 2001 Bunker Convention.
DOKTRIN ULTRA VIRES KEPADA DIREKTUR UTAMA TERHADAP PENYELEWENGAN RANTAI PASOKAN PEMBIAYAAN (STUDI PT. WASKITA KARYA PERSERO TBK): The Ultra Vires Doctrine on The President Director Regarding Supply Chain Financing Conduct (Study PT. Waskita Karya Persero) Mush’ab Abdul Jabbar; Heru Pringgodani Sanusi
AMICUS CURIAE Vol. 2 No. 2 (2025): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v2i2.22863

Abstract

The Board of Directors is the main organ responsible for managing the Company, tasked with acting in its best interest according to Article 92 of Law Number 40 of 2007. This discussion focuses on the application of the Ultra Vires Doctrine in the case of supply chain financing misconduct at PT Waskita Karya and the Board’s responsibility under Law Number 19 of 2003 on State-Owned Enterprises and Law Number 40 of 2007 on Limited Liability Companies. The research employs a normative juridical approach, descriptive in nature, using secondary data analyzed qualitatively and concluded deductively. The Ultra Vires Doctrine applies here because the Board’s actions exceeded its authority as outlined in Article 3 of the Company’s Articles of Association and violated Article 5, paragraph (3) of Law Number 19 of 2003. Regarding the Board's responsibility, Article 97, paragraph (2) of Law Number 40 of 2007 holds each director personally liable for company losses caused by negligence or error. Additionally, shareholders can file a civil lawsuit under Article 61 of Law Number 40 of 2007, referencing Article 1365 of the Civil Code, if harmed by the decisions of the General Meeting of Shareholders (GMS), Board of Directors, or Board of Commissioners.

Page 28 of 40 | Total Record : 398

 26   27   28   29   30 

Filter by Year

2024 2025


Reset
Filter By Issues
All Issue Vol. 2 No. 4 (2025): Amicus Curiae Vol. 2 No. 3 (2025): Amicus Curiae Vol. 2 No. 2 (2025): Amicus Curiae Vol. 2 No. 1 (2025): Amicus Curiae Vol. 1 No. 4 (2024): Amicus Curiae Vol. 1 No. 3 (2024): Amicus Curiae Vol. 1 No. 2 (2024): Amicus Curiae Vol. 1 No. 1 (2024): Amicus Curiae