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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 398 Documents
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HUKUMAN DISIPLIN TERHADAP ASN YANG MELAKUKAN PENCALOAN CPNS MENURUT UNDANG-UNDANG NO.5 TAHUN 2014 TENTANG APARATUR SIPIL NEGARA (PUTUSAN NOMOR 4/G/2023/PT.TUN.JKT): Disciplinary Punishment on Civil Servants (ASN) Involved in CPNS Brokerage According to Law No. 5 of 2014 on State Civil Apparatus (A Decision Number 4/G/2023/PT.TUN.JKT) Irvandi Putra; Reni Dwi Purnomowati
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.v2i2.22994

Abstract

Disciplinary Punishment for ASN Nomination for CPNS according to Law No. 5 of 2014 concerning the State Civil Apparatus. The identification of the problem in this article is whether the imposition of penalties on ASN who nominate for CPNS within the Ministry of Law and Human Rights is in accordance with Law Number 5 of 2014 concerning the State Civil Apparatus and what are the legal consequences of decision number 4/G/2023/PT. TUN. JKT on the ASN staffing. The type of research used is normative legal research based on descriptive secondary data and analyzed qualitatively with deductive conclusions. The results of the research and conclusion in this case, what happened to the plaintiff, namely LYZA ZASTAVARY, sued the chairman of BPASN and the Minister of Law and Human Rights for the imposition of disciplinary punishment in the form of disrespectful dismissal. In this case, the plaintiff is considered to have violated the obligations and prohibitions of civil servants by committing fraud, fraud, and embezzlement in the receipt of CPNS. Because he felt unfair, plaintiff filed a lawsuit on the grounds that the weight of the punishment was not proportional to the weight of the error in application of the phrase "brokerage".
PERLINDUNGAN KONSUMEN TERHADAP IKLAN YANG MENGANDUNG JANJI BELUM PASTI DALAM PERDAGANGAN ELEKTRONIK: STUDI TERHADAP IKLAN VITAMIN ANAK GENEROS: Consumer Protection Against Advertisements Containing Uncertain Promises in Electronic Commerce: A Study of Advertisements for Generos Children's Vitamins Abigail Herlin Wibowo Putri; Sharda Abrianti
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.v2i2.22995

Abstract

There are still many advertisements displayed via electronic commerce in Indonesia that do not comply with the regulations relating to advertising. One of them is an advertisement for "Generos children's vitamins" which claims to be able to overcome speech delays in children. This is detrimental to consumers as a result of the claims contained in advertising and cannot operate scientifically. Identification problem raised is whether the advertisement for "Generos children's vitamins" is included in the category of advertisements that contain uncertain promises and  based on consumer protection law. This research uses normative and descriptive methods, data sources use primary and secondary data, qualitative data analysis, and conclusions are drawn using deductive reasoning. The results and the conclusion of this research analysis are an explanation regarding the advertisement "Generos children's vitamins" which can be classified as an advertisement that contains uncertain promises.
PENCEMARAN AIR DI SUNGAI CIPANAWUAN AKIBAT PEMBUANGAN SAMPAH TPA SARIMUKTI: Water Pollution of the Cipanawuan River Due to the Disposal of Garbage From the Sarimukti Landfill Zakiyah Dwi Hasanah; Irene Mariane
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.v2i2.22996

Abstract

The environment has an important role in human life. However, there are often environmental problems, especially regarding water pollution. The formulation of the problem studied is how to regulate water pollution in the river and the responsibility of the Sarimukti Landfill for water pollution in the Cipanawuan River. The type of research used is normative legal research, and the nature of descriptive research, then the conclusion is drawn deductively. The result research and conclusion is the water pollution caused by the Sarimukti final processing site has violated the river water quality standards set out in Article 113 paragraph (3) listed in Appendix VI of Government Regulation Number 22 of 2021. As well as violating the leachate quality standards stipulated in Article 3 paragraph (2) in Appendix I of the Regulation of the Minister of Environment and Forestry Number 59 of 2016 and UPTD PSTR as the technical implementing unit has established Standard Operating Procedures, the Sarimukti Landfill has carried out its responsibilities only technically, by article 87 of Law Number 32 of 2009 concerning Environmental Protection and Management, responsibility must be in the form of providing compensation. However, based on standard operating procedures that have been established, there is no regulation regarding compensation mechanism for water pollution.
KEWENANGAN PEMERINTAH PROVINSI DAERAH KHUSUS IBUKOTA JAKARTA DALAM REVITALISASI PEMBANGUNAN TAMAN TEBET ECO PARK: The Authority of the Provincial Government of the Special Capital Region of Jakarta in the Revitalization of Tebet Eco Park Development Artha Noviyantri Utami; Dhany Rahmawan
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.v2i2.22997

Abstract

This research analyzes the authority of the DKI Jakarta Provincial Government in the revitalization of Tebet Eco Park. The project has been approved by the Governor of DKI Jakarta with a budget of 40 billion for the construction of fencing, installation of bridge sensors, and construction of a plaza equipped with public facilities. This research aims to understand the relationship between the central and local governments in the revitalization authority based on regional autonomy and the principles of local government. The research method used is normative juridical with descriptive nature, using secondary data and interviews, as well as qualitative analysis and deductive inference. The results and the conclusion showed that the authority of the DKI Jakarta Provincial Government is in accordance with the 1945 Constitution Article 18 paragraph (2), Law No. 23 of 2014, Law No. 29 of 2007, and PP No. 18 of 2016, which includes the legitimacy of revitalization from planning to management. The DKI Jakarta Provincial Government has also carried out revitalization supervision according to its authority even though the implementation is by a third party.
PERMASALAHAN PENERBITAN SERTIPIKAT BERDASARKAN AKTA JUAL BELI DI KECAMATAN CILINCING, JAKARTA UTARA: Problems Of Issuing Certificates Based On Deeds Of Sale And Purchase In Cilincing District, North Jakarta Agung Daniel Panogari Simanjuntak; Dinda Keumala
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.v2i2.22998

Abstract

The transfer of rights through sale and purchase must be evidenced by a Sale and Purchase Deed made by the Land Deed Official (PPAT), which serves as proof of the transfer of rights from the seller to the buyer and for land registration purposes. The identification of the problem in this research is the validity of five Sale and Purchase Deeds made before Slamet Musyianto, S.H., PPAT in North Jakarta Administration City and whether the issuance of five certificates in the name of Aspah Supriadi derived from those deeds in the PTSL program in Cilincing District by the Land Office of North Jakarta Administration City complies with the National Land Law provisions. This research uses a normative type with a descriptive nature. Secondary data was collected through literature study. Analysis was conducted qualitatively with conclusions drawn deductively. Based on the research results and conclusions, it is concluded that the Sale and Purchase Deeds made before the PPAT are invalid because they do not meet the requirements of land sale and purchase under the National Land Law and the criteria for making Sale and Purchase Deeds. Furthermore, the issuance of certificates under the PTSL program does not comply with applicable regulatory provisions.
PERLINDUNGAN HUKUM TERHADAP PENDAFTARAN MEREK DYLEE & LYLEE YANG SUDAH DIALIHKAN (STUDI PUTUSAN KOMISI BANDING MEREK NO 429/KBM/HKI/2021): Legal Protection For Dylee & Lylee Brand Registrations That Have Been Transferred (Study Of The Mark Appeal Commision’s Decision No 429/KBM/HKI/2021) Aryo Dewantoro; 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.v2i2.22999

Abstract

Guangdong Kuaike Ltd registered its trademark named Dylee & Lylee in class 14. The identification of the problem in this research is the registration obstacle faced by Guangdong Kuaike Ltd due to the existence of the Dylee & Lylee trademark in class 3 owned by Yumin Qin. Subsequently, an agreement for the transfer of rights to the Dylee & Lylee trademark in class 3, previously owned by Yumin Qin, was made to Guangdong Kuaike Ltd. After the rights transfer, Guangdong Kuaike Ltd filed an appeal against the registration of its trademark in class 14, but the Trademark Appeal Commission still rejected it. Data analysis was conducted descriptively with deductive conclusion drawing. Based on the research results and conclusions, it is concluded that the legal protection received by Guangdong Kuaike Ltd as the owner and holder of the Dylee & Lylee trademark is not fully secured because the transferred trademark cannot be re-registered.
ANALISIS PERBEDAAN TAFSIR MENGENAI PERSESUAIAN ALAT BUKTI DALAM PEMBUKTIAN TINDAK PIDANA PENIPUAN (STUDI PUTUSAN NOMOR: 278/PID.B/2021/PN.TNG): Analysis Of The Differences In Interpretation Regarding The Suitability Of Evidence In The Proof Of Fraud Offenses (Study Of Verdict Number: 278/Pid.B/2021/Pn.Tng) Bobby Firmansyah; Setiyono
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.v2i2.23000

Abstract

Based on the applicable legislation, the Defendant Timothy Tandiokusuma should have been sentenced for the crime of fraud and deceit. The identification of the problem in this research is how the conformity of evidence proves the existence of fraud (Case Study Number: 278/Pid.B/2021/PN.Tng) and how the legal considerations of the Tangerang District Court judge in acquitting Timothy Tandiokusuma (Case Study Number: 278/Pid.B/2021/PN.Tng). The conformity of evidence has met the principles of Article 185 paragraph (6) of the Criminal Code, which is the method used by a judge in sentencing the Defendant. Data analysis was conducted descriptively and conclusions were drawn using deductive methods. Based on the research results and conclusions, it is concluded that there was an error by the Panel of Judges in sentencing the defendant due to not paying attention to the conformity of the evidence. In this case, the Panel of Judges only referred to evidence such as witness statements, bank statements, checks, and contract letters, and considered the act as not a criminal offense but rather a civil matter. The victim witness who suffered losses due to the Defendant's actions should have filed a fraud claim to obtain compensation.
ANALISIS KOMPARASI PENYELESAIAN SENGKETA HASIL PEMILIHAN UMUM MENURUT HUKUM YANG BERLAKU DI NEGARA INDONESIA DENGAN NEGARA MALAYSIA: Comparative Analysis of Dispute Resolution of General Election Results According to the Laws Applicable in Indonesia and Malaysia Dewi Aisyah; Yogo Pamungkas
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.v2i2.23001

Abstract

Each country has different mechanisms for resolving election dispute results. The identification of the problem in this research is the comparison of election dispute resolution mechanisms in Indonesia and Malaysia to identify similarities, differences, advantages, and disadvantages. The research employs a normative legal method with a descriptive approach, utilizing secondary data through literature study. Data analysis is qualitative, with conclusions drawn deductively. Based on the research results and conclusions, it is concluded that both Indonesia and Malaysia have special institutions to handle election disputes, namely the Constitutional Court in Indonesia and the High Court in Malaysia. The main difference lies in the availability of legal remedies in Malaysia, while Indonesia does not have this. Indonesia’s advantage is a more detailed trial process regulation, whereas Malaysia’s advantage is a longer filing period allowing for the collection of more relevant evidence.
PERBANDINGAN PENYELESAIAN SENGKETA PEMUTUSAN HUBUNGAN KERJA DALAM HUKUM INDONESIA DAN HUKUM SINGAPURA: Comparison Of Employment Termination Dispute Resolution In Indonesin Law And Singaporean Law Putri Qurrota'aini; Yogo Pamungkas
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.v2i2.23002

Abstract

Disputes between employers and employees can lead to industrial relations disputes. Indonesia as a country that adheres to the Civil Law legal system, uses Law No. 2/2024 as the legal basis regarding industrial relations disputes, while Singapore adheres to the Common Law legal system, using the Singapore Employment Act 1968 (Chapter 91) as the legal basis related to employment. The difference in the scope of authority between Indonesia and Singapore in the context of the authority of arbitration institutions shows differences in approaches to resolving labor disputes in the two countries. Identification problem that arises is how the advantages and disadvantages of resolving labor termination disputes in Indonesian law and Singapore law. This research uses normative legal research with secondary data. The nature of the research is descriptive and the conclusion is drawn by deductive method. Based on the results and the conclusio of the research when viewed from the similarities and differences between the settlement of employment termination disputes in Indonesian law and Singaporean law, Indonesia has the advantage of simplicity and independence of mediation, while Singapore highlights the advantages through more sophisticated and specialized mechanisms in resolving employment termination disputes.
PEMBERHENTIAN DIREKSI DAN DEWAN PENGAWAS PERUSAHAAN UMUM DAERAH (PERUMDA) PENAJAM BENUO TAKA ENERGI: The Dismissal of the Directors and Supervisory Board of the Regional Public Company (Perumda) Penajam Benuo Taka Energi Muhammad Reza Akbar Fachrezi; 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.v2i2.23003

Abstract

The Regional Public Company called Penajam Benuo Taka Energi (PBTE) is a Regional Owned Enterprise which was formed in the framework of North Penajam Paser Regency's participation in share ownership through a Participating Interest (PI) mechanism. However, along with the capital investment, the Main Director of Perumda PBTE violated Article 65 jo. Article 66 PP No. 54/2017, which resulted in the issuance of PPU Regent Decree No. 539/122/2022. With problem identification, namely how a Perumda carries out activities related to the management of Perumda or legal relations with other parties, if there is a vacancy in the board of directors at Perumda Penajam Benuo Taka Energi. The result and the conclusion as a result, since the issuance of the decree, there has been a vacancy in the board of directors at Perumda PBTE. By the provisions of Article 71 paragraph (1) PP 54/2017, "In the event of a vacancy in the positions of all members of the Board of Directors." Based on these provisions, North Penajam Paser Regent Decree No. 539/123/2022 was issued concerning the Appointment of the Supervisory Board as the Acting Task Force (Plt) of Perumda PBTE, specifically the Supervisory Board of Perumda PBTE.

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