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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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PENERAPAN KETENTUAN TENTANG RESTORATIVE JUSTICE PADA TINDAK PIDANA KEKERAASAN DALAM RUMAH TANGGA (STUDI PUTUSAN NO 56/PID.SUS/PN BDW): Implementation Of Restorative Justice Provisions In Cases Of Domestic Violence Crimes (Verdict Study No56/Pid.Sus/PNBdw) Vinsky Nayla Chairunnisa Siregar; Abdul Ficar Hadjar
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.v2i2.23004

Abstract

Restorative Justice is an alternative method for resolving criminal acts, including complaint offenses as seen in Decision No. 56/PidSus/2020/PN BDW. The identification of the problem in this research is whether the application of Restorative Justice in cases of domestic violence complies with Law No. 23 of 2004 and whether the judge's decision aligns with the applicable laws. The research was conducted using a normative, descriptive-analytical approach, utilizing secondary data. Based on the research results and conclusions, it is concluded that the application of restorative justice in this case follows the mechanism regulated in the Director General of General Courts Decree No.1691/DJU/SK/PS.00/12/2020. Although a peace agreement and withdrawal of complaints occurred, this does not eliminate the criminal liability of the defendant. The judge also decided that the defendant does not need to serve a prison sentence. However, the researcher suggests that peace in the concept of restorative justice should not only function as a mitigating factor but also as a reason to abolish punishment and regulate the legal settlement of domestic violence criminal cases more clearly. If domestic violence cases do not meet the criteria for restorative justice, the formalistic criminal justice system may be applied.
KEWENANGAN PEMERINTAH DAERAH PROVINSI DKI JAKARTA DALAM PENGENAAN TARIF PROGRESIF PAJAK KENDARAAN BERMOTOR TAHUN 2021-2022: The Authority Of The Dki Jakarta Province Regional Government Is Based On Law Number 1 Of 2022 In Imposition Of Progressive Rates Of Vehicle Tax Motorcycling In 2021-2022 Vonna Della Monika; Januardo Sihombing
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.v2i2.23005

Abstract

This research is motivated by the authority of Regional Governments to set progressive Motor Vehicle Tax rates as regulated in Law Number 1 of 2022 concerning Financial Relations between Central and Regional Governments. The identification of the problem in this study is the authority of the Jakarta Provincial Government to set progressive rates on motor vehicle ownership during the 2021–2022 period based on the provisions of the law. The type of research used is normative legal research with a descriptive-analytical approach. Data collection was conducted through literature study of secondary legal materials. Data analysis was carried out qualitatively with conclusions drawn using deductive methods. Based on the research results and conclusions, it is concluded that until now the Jakarta Provincial Government still uses the provisions in Jakarta Provincial Regulation Number 2 of 2015 concerning Amendments to Provincial Regulation Number 8 of 2010 on Motor Vehicle Tax in applying progressive rates. However, with the effective implementation of Law Number 1 of 2022 in January 2024, the Jakarta Provincial Government will prepare a new Regional Regulation to replace all previous regulations in accordance with Article 94 of the law that mandates the unification of regional regulations for all types of regional taxes.
KONSEP JAKARTA SMART CITY MELALUI JAKI SUPER APP UNTUK MENINGKATKAN PELAYANAN PUBLIK: The Jakarta Smart City Concept Through The JAKI Super App To Improve Public Services Nabiila Saarah Indah Wibowo; Ferry Edwar
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.v2i2.23006

Abstract

The authority of the DKI Jakarta Provincial government to implement the Jakarta Smart City concept in an effort to improve public services through the JAKI Super App. By identifying problems, how is the implementation carried out by the Jakarta Provincial Government in implementing the concept of Jakarta Smart City as a form of Public Service in accordance with the Jakarta Governor's Regulation Number 144 of 2019? and what are the obstacles faced by the DKI Jakarta Provincial Government for the 2021-2023 period in improving Public Services through the JakiSuper App? The research type is normative research with descriptive analysis. Literature study is a way of obtaining data. The findings of this research and the conclusion study are that the JAKI application is a breakthrough and leading innovation in the digitization of government health services and one of the most superior regional government applications in Indonesia, Smart City is based on efforts to solve problems experienced by a city, so that the city becomes livable, harmonious and prosperous for the community. to raise living standards in a way that is sustainable manner and support an educated, intelligent and moral society. The DKI Jakarta Provincial Government is maximizing the use of technological advances.
KOMPETENSI RELATIF PADA PENGADILAN HUBUNGAN INDUSTRIAL TERHADAP PERSELISIHAN PEMUTUSAN HUBUNGAN KERJA (STUDI PUTUSAN NOMOR 106/PDT.SUS-PHI/2019/PN.PBR): Relative Competence at the Industrial Relations Court Regarding Termination of Employment Disputes (Study of Decision Number 106/Pdt.Sus-PHI/2019/Pn.Pbr) Arya Falah Al Multazam; 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.v2i2.23007

Abstract

Workers or labor unions related to issues related to employment relations. The purpose study was to determine the judge's considerations in deciding the dispute between Widodo Mulyadi and PT Antar Mitra Sembada Pekanbaru Branch Office in accordance with Law Number 2 of 2004 and to determine the decision Pekanbaru Industrial Relations Court Judge in examining and deciding the dispute over Termination Employment by PT Antar Mitra Sembada against Widodo Mulyadi in accordance with Laws and Regulations. The writing method uses normative studies. The conclusion drawn is that in Decision Number 106 / Pdt.Sus-PHI / 2019 / PN.Pbr based on evidence and facts during trial which proves that the Plaintiff is indeed an employee defendant, where in his last placement as Sales Coordinator Combo Semarang after Defendant submitted a demotion letter. In this case, Pekanbaru Industrial Relations Court should accept Defendant's Exception regarding Relative Competence. The decision Pekanbaru Industrial Relations Court Judge is not in accordance with Law Number 2 of 2004 concerning Settlement Industrial Relations Disputes, namely Article 81 concerning Relative Competence, which in final placementPlaintiff as Sales Coordinator Combo Semarang after Defendant submitted demotion letter and was registered as an employee of PT. Antarmitra Sembada Semarang Branch.
PENGGUNAAN RESEP SRI CAKE OLEH KARYAWAN BERDASARKAN UNDANG-UNDANG NOMOR 30 TAHUN 2000 TENTANG RAHASIA DAGANG: Use Of Sri Cake Recipe By Employees Pursuant To Law Number 30 Of 2000 Regarding Trade Secret Amanda Nur Berliana; 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.v2i2.23008

Abstract

The Sri Cake shop makes efforts to maintain the confidentiality of cake recipes by appealing to employees to keep the recipes used in the production process secret, but secretly these employees make and sell products that are similar to the Sri Cake shop. Whether the Sri Cake recipe can be protected by trade secrets based on Law number 30 of 2000 concerning Trade Secrets and what legal sanctions can be given to Sri Cake employees according to Law Number 30 of 2000 concerning Trade Secrets are the main issues in this thesis. The writing of this thesis is based on normative research which is an analytical description using secondary data which is analyzed qualitatively using deductive methods to draw conclusions. Based on the analysis carried out, it can be concluded that: the Sri Cake shop recipe can be protected by Law Number 30 of 2000 concerning Trade Secrets because it meets the elements of article 1 number 1. The actions of the Sri Cake shop employees have fulfilled the trade secret law so that legal sanctions can be given. namely from the civil aspect and the criminal aspect, imprisonment can be imposed.
TINJAUAN YURIDIS KEDUDUKAN PENGADILAN PAJAK PASCA PUTUSAN MAHKAMAH KONSTITUSI NOMOR 26/PUU-XXI/2023: Juridical Review Of The Position Of The Tax Court After The Decision Of The Constitutional Court Number 26/Puu-Xxi/2023 Nabella Septiana Dewi; Ali Rido
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.v2i2.23011

Abstract

The Constitutional Court Decision Number 26/PUU-XXI/2023 has consequences for the legal standing of the tax court. Nevertheless, it remains unclear if the decision mutatis mutandis alters the present condition and presence of the tax court. The issues addressed in this article are as follows: 1) How is the jurisdiction of the Tax Court governed by Law Number 14 of 2002 regarding the Tax Court?; and 2). What is the stance of the Tax Court following the release of Constitutional Court Decision Number 26/PUU-XXI/2023? This study is a normative legal research that utilizes both primary and secondary data sources. As per Law No. 14 of 2002, the Ministry of Finance exercises control over the tax court's organization, administration, and finances, thereby compromising its judicial independence. In accordance with Constitutional Court Decision No. 26/PUU-XXI/2023, the authority and oversight of the tax court has been shifted from the Ministry of Finance to the Supreme Court. By consolidating this transfer, the integration of counsel into a single judicial entity will enable the Tax Court to efficiently and independently carry out its duties and oversee its finances. Therefore, the Tax Court has the ability to prevent the misuse of authority.
PERLINDUNGAN HUKUM PENCIPTA KARYA PAHAT DALAM PEMANFAATAN AUGMENTED REALITY DI MUSEUM KEBANGKITAN NASIONAL: Legal Protection for Sculptors in the Use of Augmented Reality at the Museum Kebangkitan Nasional Akmal Abdussalam Mahmud; 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.v2i2.23012

Abstract

This research focuses on the legal protection of creators of sculptural works that use Augmented Reality (AR) technology as a means of publication at the National Awakening Museum in Jakarta. AR technology that integrates virtual elements into the real world provides an interactive experience for museum visitors, but at the same time presents new challenges in copyright protection. The problem identification in this research concerns how legal protection based on Law No. 28 of 2014 concerning Copyright against digital art creations should be published through AR. This article is a normative legal research and is descriptive, using secondary data and interviews with the National Awakening Museum Jakarta. The results and conclusions show that sculptural works published using AR technology require comprehensive legal protection, including the creator's moral and economic rights. However, there are gaps in the implementation of such protection, especially in the face of potential copyright infringement in the digital era. This research suggests more specific regulations and increased public awareness of the importance of copyright protection in the technological age.
PERLINDUNGAN KONSUMEN PENYANDANG DISABILITAS TERHADAP AKSES PELAYANAN PUBLIK TRANSPORTASI UMUM TRANSJAKARTA: Protection Of Consumers With Disabilities Towards Access To Public Transportation Services Transjakarta Grace Michaela Japranata; Anna Maria Tri Anggraini
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.v2i2.23013

Abstract

Indonesian people often rely on public transportation, including people with disabilities, who frequently encounter obstacles in accessing Transjakarta bus transportation.  Several Transjakarta bus stops have no ramps, wheelchair lanes, or guide lanes. The Identification problem is analyzes the suitability of public service accessibility facilities, as outlined in DKI PERDA and Law No. 8 of 2016, and their consequences. This research employed the Normative Law research method, which is descriptive and then the data were analyzed qualitatively to facilitate deductive conclusions. It is result and concluded that the accessibility of public services provided by Transjakarta is unable to regulations and policies. This is shown by the inadequate facilities available for people with disabilities and the legal consequences for Transjakarta that does not provide special facilities for passengers with disabilities can result in sanctions by applicable laws and regulations, most of the sanctions are in the form of administrative sanctions such as written warnings, administrative fines, license suspension, and license revocation, and provide compensation for losses experienced. The author suggests that Transjakarta pay attention to facilities, laws, regulations, and local governments to ensure the APBD budget for the development of accessibility services for passengers with disabilities.
OBSTRUCTION OF JUSTICE DALAM PERKARA KORUPSI YANG DILAKUKAN OLEH ADVOKAT (STUDY KASUS PUTUSAN NO. 3/Pid.Sus-TPK/2022/PN.JMB): Obstruction Of Justice In Corruption Cases Conducted By Advocates (Case Study Decision Number 3/Pid.Sus-Tpk/2022/Pn.Jmb) Nenchy Hotmauli; Nenchy Hotmauli Sinaga
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.v2i2.23014

Abstract

The present study examines the illegal act of Obstruction of Justice perpetrated by the defendant Tengku Ardiansyah in a corruption case, as evidenced by the defendant's activities in decision number 3/Pid.Sus-TPK/2022/PN. The identification problem: regarding the Republic of Indonesia Law No. 31 of 1999 in conjunction with Law No. 20 of 2001 concerning the Eradication of Corruption Crimes, are the defendant's actions considered Obstruction of Justice? Additionally, is it the case that Decision No. 3/Pid.Sus-TPK/2022/PN.JMB, which sentenced the defendant to prison, complied with Article 21 of the prior laws. This study is normative, descriptive, and analytical, and data were gathered online, from relevant laws and regulations, and published books written by legal professionals. The result and conclusion; defendant's acts, which include obstructing the course of justice, are governed in this instance by Article 21 of Law No. 31 of 1999 of the Republic of Indonesia, which is read in connection with Law No. 20 of 2001, which is about the decline of corruption crimes. When determining whether a conduct is criminal, the Jambi District Court follows the relevant laws and rules. Advocates must base their performance of their obligations on the related verdicts, provisions, and professional code of ethics—promoters who work as law enforcement officials ought to be in favor of ending criminal corruption.
PROSEDUR PENYELESAIAN PERKARA HAK ASUH ANAK DALAM KASUS PERCERAIAN YANG MENGGUNAKAN KETENTUAN HUKUM ADAT BALI: Resolution Procedure for Child Custody Cases in Divorce Involving Balinese Customary Law Provisions Batari Abdi Putri; Ning Adiasih
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.v2i2.23015

Abstract

In today's context, the issue of custody rights over children has become a significant concern in divorce proceedings. When deciding divorce cases, the panel of judges relies on the examination of the case itself, leading to varying judgments. As seen in Case Number: 152/Pdt/2019/PT DPS, there is a discrepancy between the results of mediation and the court's decision regarding custody rights. Through legal writing using the juridical-normative method, the identification of problems addressed in this writing are: 1) How do judges legally consider awarding custody rights in divorce cases? 2) What is the procedure for divorce lawsuits followed by claims for custody rights?. Based on the gathered data, the research findings iand conclusion ndicate that in deciding child custody cases, many factors are not taken into consideration by the panel of judges. One of these factors is the outcome of mediation efforts that adhere to customary law agreements. This does not reflect the principle of legal certainty in court decisions, as stipulated in Article 30 of PERMA No. 1 of 2016 regarding Mediation. Additionally, during the examination of witnesses in this case, it was found that the witnesses presented by the defendant did not meet the material qualifications as witnesses in civil procedural law, as regulated in Article 171 of the HIR.

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