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
 27   28   29   30   31 
PERLINDUNGAN KONSUMEN ATAS PEREDARAN PRODUK KOSMETIK POST MARKET MENURUT UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN: Consumer Protection For The Distribution Of Post Market Cosmetic Products According To Law Number 8 Of 1999 Concerning Consumer Protection Haya Alyssa Desti Ramadhani; Renti Maharaini Kerti
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.v2i2.22865

Abstract

Consumer protection is an effort to ensure legal certainty in safeguarding consumer rights. This study examines the regulation of cosmetic product quality standards and the role of the National Agency of Drug and Food Control (BPOM) in conducting post-market surveillance to ensure compliance with established standards. The identified issues in this research are how the quality standards are applied to Scarlett Whitening body lotion products and how BPOM plays a role in ensuring the safety of these cosmetic products for consumers. This research uses a normative-descriptive method through literature study and interviews with consumers and BPOM officials. Based on the research findings and conclusions, it is concluded that every cosmetic product must comply with the established quality standards, and BPOM plays a crucial role in conducting both pre-market and post-market supervision. Although Scarlett Whitening products have fulfilled legal requirements in accordance with regulatory provisions, consumers have expressed dissatisfaction regarding the product’s heavy texture, difficulty of absorption, and lack of promised brightening effects. This highlights the importance of quality supervision not only in terms of legal compliance but also in ensuring consumer experience and satisfaction.
ANALISIS YURIDIS TERHADAP TANGGUNG JAWAB DIREKSI(STUDI KASUS PT. X DI JAKARTA): Juridical Analysis Of The Responsibilities Of Board Of Directors  (Case Study Of Pt. X In Jakarta) Andian Fadella Rahmadani; 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.v2i2.22866

Abstract

This study examines the legal liability of a Director in a Limited Liability Company (PT) who continued to perform legal acts after the expiration of their term of office, with a case study of PT. X in Jakarta. The issue identified in this research is the legal consequences and responsibilities that arise when a Director acts on behalf of the company beyond their official term. This research employs a normative legal method with a qualitative-descriptive approach using secondary data in the form of legislation and relevant documents. Based on the results of the research and conclusion, it is found that the Director's actions are deemed invalid due to the absence of legal capacity requirements under Article 98 of Law Number 40 of 2007 concerning Limited Liability Companies and Article 1320 of the Indonesian Civil Code, as well as a breach of the principles of Good Corporate Governance and Fiduciary Duty. The lack of ratification from the company confirms the invalidity of the legal act and gives rise to the Director's personal liability for any resulting loss.
PEMBEBASAN TANAH GARAPAN UNTUK PROYEKPEMBANGUNAN LIGHT RAIL TRANSIT STUDIPUTUSAN NOMOR 45/PDT.G/2021PN-CKR: Land Acquisition for Light Rail Transit Development Project: Study of Decision Number 45/Pdt.G/2021/PN-CKR Azzahra Sahda; Intan Nevia Cahyana
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.v2i2.22867

Abstract

The determination of the Entitled Party in the Land Acquisition Implementation phase basically refers to the provisions of Law Number 2 of 2012 concerning Land Acquisition for Public Purposes, supported by other related regulations such as Government Regulation Number 19 of 2021 on the Implementation of Land Acquisition for Public Development Purposes. It is emphasized that the Entitled Party is the one who truly has valid proof of ownership and/or legitimate control that can be accountable for its accuracy. Therefore, at the identification stage to determine the subject and object. The identified problem in this study is how the determination of entitled parties in the implementation stage of land acquisition is carried out in accordance with statutory regulations. The land acquisition implementer must thoroughly consider both the physical and juridical aspects of ownership of the land affected by the alignment for the Light Rail Transit (LRT) development in the Jabodetabek area. Based on the results and conclusion of the study, it is concluded that the provisions regarding the entitled parties are crucial to ensure legal certainty and avoid ownership disputes, as well as to provide a solid legal basis in every stage of land acquisition implementation, especially in national strategic infrastructure projects such as Jabodetabek LRT.
PENEBANGAN LIAR (ILLEGAL LOGGING) DI VANUATU BERDASARKAN UNITED NATIONS FRAMEWORK CONVENTION ON CLIMATE CHANGE: Illegal Logging In Vanuatu Based On The United Nations Framework Convention On Climate Change Imam makkarim mukhtar lubis; Sugeng Supartono
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.v2i2.22875

Abstract

Climate change is a global challenge that impacts small island states, including Vanuatu. This study examines policies based on the United Nations Framework Convention on Climate Change in Vanuatu's climate change mitigation efforts, on reducing carbon emissions and increasing environmental resilience. Identify of this stufy; violations committed by Vanuatu against the provisions of the United Nations Framework Convention on Climate Change (UNFCCC) and Vanuatu's responsibilities in addressing illegal logging violations under the UNFCCC. Normative and descriptive legal research methods, this study highlights Vanuatu's role in fighting for climate justice, despite challenges such as weak law enforcement, dependence on foreign aid, and limited implementation capacity. The results and the conclusion of the study indicate that although Vanuatu has taken strategic steps in reducing carbon emissions through international cooperation and local policies, there are still obstacles to implementation. This study recommends increasing the contribution of developed countries in supporting developing countries and strengthening local institutions to ensure the sustainability of mitigation policies. These findings provide important insights for global efforts to address climate change through more effective collaboration between developed and developing countries.
DAMPAK YURIDIS PERUBAHAN PERATURAN KONTRAK KERJA SAMA HULU MIGAS TERHADAP INVESTASI MIGAS DI INDONESIA: The Juridical Impact Of Changes In Upstream Oil And Gas Production Sharing Contract Regulations On Oil And Gas Investment In Indonesia Salsabila Indah Safitri; 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.v2i2.22877

Abstract

Investment plays a crucial role in a country’s economy. Currently, investments have expanded into various sectors, including the oil and gas sector. The implementation of oil and gas investment in Indonesia is based on Production Sharing Contracts (PSC). The prevailing types of PSCs are cost recovery and gross split. The gross split PSC was a new initiative by the government in 2017 aimed at increasing oil and gas investment in Indonesia. However, not long after the gross split PSC was adopted, the government made several regulatory changes regarding oil and gas PSCs, affecting investment activities in the sector and introducing flexibility in the use of PSC types. These frequent regulatory changes have led to uncertainty and doubts among investors. In this context, the identified problem in this study is the legal impact of the regulatory changes to cost recovery and gross split Production Sharing Contracts (PSC) in upstream oil and gas activities. Based on the results and conclusion of the study, it is concluded that the most significant impact of these regulatory changes is legal uncertainty, which disrupts the investment climate and contradicts the principle of legal certainty as stipulated in Law Number 25 of 2007 concerning Investment.
TINDAKAN WANPRESTASI OLEH NASABAH BERINISIAL RS PADA PT. BANK PEMBIAYAAN RAKYAT SYARIAH AMANAH UMMAH PUSAT: Tort Actions By A Customer With The Initials RS At PT. Bank Pembiayaan Rakyat Syariah Amanah Ummah Pusat Bintang Nugraha Putra; Arif Wicaksana
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.v2i2.22878

Abstract

The Murabahah Agreement is one of the contracts implemented in Sharia banking where the contract is carried out using a buying and selling system to obtain a profit by adhering strictly to the principles established by Islamic teachings. In this case, the contract executed between PT. Bank Pembiayaan Rakyat Syariah Amanah Ummah Pusat with a customer with the initials RS which creates a legal relationship, namely the existence of rights and obligations for each party. However, it cannot be easy to fulfill what has been agreed upon in the Murabahah agreement, and of course, with this, some problems arise, namely default or broken promises. This default is a situation where one party does not carry out the obligations he has agreed to. In this research, the customer with the initials RS was correct in acts of default or breaking promises by making installment payments and carrying out provisions that were prohibited in the Murabahah agreement that he had agreed to with PT. Bank Pembiayaan Rakyat Syariah Amanah Ummah Pusat.
ANALISIS TERHADAP DESAIN INDUSTRI PADA KEMASAN MAKANAN GEPREK BENSU (STUDI KASUS PUTUSAN NOMOR 16/PDT. SUS-DESAIN INDUSTRI/2020/PN NIAGA. JKT.PST. JO. PUTUSAN NOMOR 162 K/PDT.SUS-HKI/2021): Juridicial Analysis of Industrial Design on Geprek Bensu Food Packaging (Case Study of Verdict Number 16/Pdt. Sus-Desain Industri/2020/PN Niaga.Jkt.Pst. jo. Verdict Number 162 K/Pdt.Sus-HKI/2021) Keren Aras Hana; Simona Bustani
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.v2i2.22927

Abstract

Law Number 31 of 2000 on Industrial Designs mandates the registration of an Industrial Design to obtain legal rights over it. In the industrial design dispute between Ruben Samuel Onsu and Benny Sujono, the protection of Ruben Samuel Onsu’s Industrial Design failed due to issues regarding its novelty, although the design was successfully registered. This research is normative juridical and descriptive-analytical in nature, using secondary data comprising primary and secondary legal materials through literature study. The data were processed qualitatively and conclusions were drawn deductively. The identified problem in this study is the suboptimal legal protection of industrial designs due to the absence of a mandatory and permanent substantive examination mechanism. Based on the results and conclusion of the study, it is concluded that Benny Sujono does not have sufficient legal interest to request the cancellation of the industrial design right, as the legal interest under Article 38 of the Industrial Design Law encompasses not only economic interest but also personal interest recognized by law. Decision No.16/Pdt.Sus-Desain Industri/2020/PN Niaga.Jkt.Pst. jo. Decision No.162 K/Pdt.Sus-HKI/2021 does not fully reflect the provisions of the Industrial Design Law, particularly regarding novelty examination, thus requiring further regulation on mandatory substantive examination and clarification of ambiguous terminology in industrial design law.
PUTUSAN NOMOR 465K/PDT.SUS-HKI/2023 TENTANG PENGGUNAAN ALAT BUKTI PADA SENGKETA MEREK: Decision Number 465K/Pdt.Sus-HKI/2023 Concerning the Use of Evidence in Trademark Disputes Tias Pinky Ananda; Goeltom, Elfrida Ratnawati
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.v2i2.22930

Abstract

This study aims to examine the legal reasoning in Supreme Court Decision Number 465K/Pdt.Sus-HKI/2023 concerning the use of evidence in a trademark dispute. The main focus is to assess whether the evidentiary process aligns with the provisions of the Indonesian Civil Procedure Code (HIR/RBG), and to analyze the legal consequences of trademark protection granted to the prevailing party in cases where the judicial reasoning does not fully satisfy the procedural standards of evidence. This normative juridical research employs a qualitative approach, utilizing both primary and secondary legal sources analyzed descriptively. The identification of the issue in this study lies in the procedural inadequacy of trademark certificates submitted as legal evidence. Based on the findings and conclusion, it is concluded that in Decision Number 465K/Pdt.Sus-HKI/2023, Mohindar H.B, as the registered trademark holder of Number 173934 "Polobyralphlauren" along with the horse-riding logo, retains legal protection despite the certificate failing to meet formal evidentiary standards. The Supreme Court’s rejection of the cassation filed by PT. Polo Ralph Lauren Indonesia further strengthened Mohindar H.B's legal standing as the legitimate trademark holder.
SANKSI PIDANA PELAKU TINDAK PIDANA DENGAN ANCAMAN KEKERASAN DAN TIPU MUSLIHAT MELAKUKAN PERSETUBUHAN PADA ANAK (PUTUSAN NOMOR 65/PID.B/2021/PN.SBS): Criminal Sanctions Against Perpetrators of Criminal Acts with Threats of Violence and Deception Leading to Sexual Intercourse with a Child Dhea Andini; Eriyantouw Wahid
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.v2i2.22931

Abstract

Sexual violence against children, particularly in the form of forced sexual intercourse, is a critical issue worldwide, as perpetrators of such crimes are often individuals close to the child victim, such as family members. The identification problem discusses the legal provisions that should be applied in cases where the child is the victim and a family member is the perpetrator, as well as the appropriate sentencing measures to address similar issues. The research employs a descriptive normative approach, using secondary data which is processed qualitatively through deductive reasoning. The result and conclusion of the study indicate that the imposition of an 8-year prison sentence does not align with the objectives of criminal punishment, as there should have been an aggravated sentence with an additional one-third of the primary sentence, considering that the perpetrator had a familial relationship with the child victim.
PEMENUHAN HAK DAN KESEJAHTERAAN ANAK YANG DIPEKERJAKAN DI KLUB MALAM NAGOYA, KOTA BATAM: Fulfilling The Rights And Welfare Of Children Employed At Nagoya Night Club, Batam City Natalia Wulandari Hutagaol; Wahyuni Retno Wulandari
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.v2i2.22993

Abstract

This research discusses the fulfillment of the rights and welfare of children who work in Nagoya nightclubs, Batam City, based on Law Number 4 of 1979 concerning Child Welfare. Article 1 paragraph 1a of the Law emphasizes that children's welfare includes spiritual, physical and social aspects, while Article 1 paragraph 12 of Law Number 35 of 2014 emphasizes children's rights as part of human rights which must be guaranteed by the county. This research is descriptive in nature with a socio-legal approach and uses primary data from interviews. The research results and the conclusion show that economic and environmental factors cause children to work, while parents do not carry out their responsibilities. Apart from that, the government is considered to be paying little attention to the working conditions of children in the area, and Batam City Regional Regulation Number 5 of 2013 has not been implemented effectively in overcoming this problem.

Page 29 of 40 | Total Record : 398

 27   28   29   30   31 

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