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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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TINJAUAN YURIDIS TERHADAP BERAKHIRNYA PENUNDAAN KEWAJIBAN PEMBAYARAN UTANG TERHADAP PT.BUANA CHANDRA MANDIRI OLEH PT. GAJAH MAS MULIA: Judicial Review The End Of Posponement Debt Payments Obligations to PT. Buana Chandra Mandiri by PT.Gajah Mas Mulia Raffee Denli Ramiro; Sri Bakti Yunari
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.v2i2.23016

Abstract

A PKPU debtor is a debtor who delays debt repayment until able to settle matured obligations, has at least two creditors, and can be petitioned for PKPU by themselves or by a creditor. A concluded PKPU may lead to bankruptcy, as in the case of PT. Buana Chandra Mandiri under Supreme Court Decision Number 41K/Pdt.Sus-Pailit/2024 upon the petition of PT. Gajah Mas Mulia. This study employs a normative juridical and descriptive method using a qualitative approach. In this case, the end of PKPU caused PT. Buana Chandra Mandiri’s assets to be transferred as bankruptcy assets. Conversely, the PKPU petition by PT. Gajah Mas Mulia was rejected by the Surabaya Commercial Court due to insufficient assurance of repayment. The identified problem in this study is the inconsistency between the court’s decision and the provisions of the Bankruptcy and PKPU Law, particularly Articles 268, 280, 281, and 289, as the peace proposal was denied and the voting process failed to meet quorum. Based on the results and conclusion of the study, it is concluded that the judges’ ruling in this case contains legal errors and is considered an obscure libel, thus not in accordance with bankruptcy law principles.
PENERAPAN DOKTRIN ULTRA VIRES DALAM KASUS PRODUKSI DAN DISTRIBUSI GARAM (STUDI PT SUMATRACO LANGGENG MAKMUR SURABAYA): The Application Of Ultra Vires Doctrine In Salt Production And Distribution Cases (Study Pt Sumatraco Langgeng Makmur Surabaya) Rais Zaidan Rizqullah; Sri Bakti Yunari
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.v2i2.23018

Abstract

The main company organ in managing the company is the board of directors. The board of directors has the responsibility to manage the company in the interests of the company as regulated in Article 92 of Law Number 40 of 2007. The problem are regarding the application of the Ultra Vires doctrine in the case of the production and distribution of PT Sumatraco Langgeng Makmur salt as well as regarding the responsibilities of the directors in the case PT Sumatraco Langgeng Makmur salt production and distribution based on concerning Limited Liability Companies. The research method was carried out with a normative juridical type, descriptive in nature, using secondary data, analyzed qualitatively and concluded using a deductive method. The result research and conclusion is, application of the ultra vires doctrine in this case is related to the proven actions taken by the directors exceeding and outside their authority in Article 3 of the company's articles of association in clause on company's aims and objectives and contrary to Article 92 of Law Number 40 of 2007. As an alternative step, shareholders can use Article 61 of concerning Limited Liability Companies to file a civil  if they feel disadvantaged by decision of GMS, Directors or Board of Commissioners.
BIAYA TAHUNAN PATEN CIVITAS AKADEMIKA UNIVERSITAS TRISAKTI YANG TIDAK TERKOMERSIALISASI: Annual Fee For Non-Commercial Patents Of Trisakti University Academicians Marsha Prastari; Aline Gratika
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.v2i2.23023

Abstract

When a patent application has been granted and the patent has been registered in the general register of patents, the patent begins to receive protection. Thus, the owner or holder of the patent has the right to exercise the patent rights himself. In addition to these rights, as a result of patent protection, the patent owner/holder has several obligations, one of which is to pay the annual patent fee, to any patent owner/holder including universities, is Trisakti. The indentification problem in this research is about the payment of annual fees for patents that are not commercialized, in this case patents at Trisakti. The result and the conclusion shows that based on Article 21 of Law No.13 Year 2016 of Patent, there is no exception in the payment of annual fee. The reason for not commercializing a patent cannot be the reason for not paying the annual fee. Therefore, Trisakti as the holder of patent rights from its academic community is still obliged to pay annual fees. No Trisakti patent has been successfully commercialized, but Trisakti still pays the annual fee because if the annual fee is not paid, the consequence is that the patent rights will be revoked.
PERLINDUNGAN  KONSUMEN TERHADAP KEAMANAN DATA PRIBADI DI SEKTOR PERDAGANGAN ONLINE (STUDI TERHADAP KEBOCORAN DATA KONSUMEN SHOPEE): Consumer Protection Against Personal Data Security in the Online Trade Sector (Study of Shopee Consumer Data Leak) Rafli Syah Maulana; 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.v2i2.23024

Abstract

Personal data theft is a form of cybercrime that is rampant in Indonesia, especially with the main target of the e-commerce sector. The identification of this research problem, namely: how is the legal protection of Shopee consumers' personal data based on Law No. 8 of 1999 concerning Consumer Protection (UUPK) and how is the responsibility of business actors in the event of a Shopee consumer data leak according to the provisions of the UUPK. This research uses normative juridical methods, descriptive in nature, data collected through literature studies and interviews, analysed qualitatively, and deductive conclusions. The results showed that the GCPL guarantees consumers' rights to obtain comfort, security, and safety in utilising the services offered by business actors. This is reinforced by Minister of Communication and Informatics Regulation No. 20/2016 on the Protection of Personal Data in Electronic Systems which gives consumers the right to file reports and demands to the competent authority in the event of a violation of personal data. The author recommends that the Ministry of Communication and Digital (Komdigi) take concrete steps in the form of temporary suspension of transaction activities on platforms proven to violate personal data protection.
PENYELESAIAN PERSELISIHAN HUBUNGAN INDUSTRIAL (PUTUSAN NO. 27/PDT.SUS-PHI/2022/PN.MDN): Settlement Of Industrial Relations Disputes (Ruling No. 27/Pdt.Sus-Phi/2022/Pn.Mdn) Muhammad Faris Hilmy; 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.v2i2.23025

Abstract

Disputes or conflicts of interest between employers and workers/laborers often occur and are regulated in Law Number 2 of 2004 concerning Settlement of Industrial Relations Disputes. However, it is also different from the District Court decision Number 27/Pdt.Sus-PHI/2022/Pn.Mdn where an Industrial Relations Dispute occurred, namely the termination of employment relations but the Law was not implemented properly. The problem with this decision is firstly whether the termination of Ibrahim Simanjuntak's employment by PT. Is Tor Ganda in accordance with Law Number 13 of 2003 concerning Employment? and Second, whether the settlement of industrial relations between Ibrahim Simanjuntak and PT. Is Tor Ganda in accordance with Law Number 2 of 2004 concerning PPHI? This research uses normative law using secondary data made from primary, secondary and tertiary law, data processing techniques are carried out qualitatively by drawing conclusions using deductive methods. The conclusion of this research is that the termination of employment relations which turned out to be Ibrahim Simanjuntak's resignation or resignation was in accordance with Article 162 paragraph (4) of Law Number 13 of 2003 and the industrial relations settlement was invalid because it contained formal defects so that the PHI Panel of Judges decided It was wrong to hand down a decision which should be null and void by law.
PENJATUHAN SANKSI PIDANA TERHADAP PELAKU TINDAK PIDANA DUMPING LIMBAH B3 (STUDI PUTUSAN NOMOR 164/PID.SUS/PN SDA): Imposition Of Criminal Sanctions On Perpetrators Of Hazardous Waste (B3) Dumping Crimes (Case Study Of Decision Number 164/Pid.Sus/Pn Sda) Muhammad Renaldy Lapaso; Maria Silvya Elisabeth Wangga
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.v2i2.23027

Abstract

Environmental damage has become a global issue with widespread impacts, one of which is caused by the illegal disposal of hazardous and toxic (B3) waste. Strict regulations are necessary to enforce sanctions against perpetrators of B3 waste dumping. However, in practice, there are cases where the enforcement of sanctions does not align with the Environmental Protection and Management Law (UU PPLH), as seen in Decision Number 164/PID.SUS/2023/PN SDA. This study examines the provisions of criminal sanctions for B3 waste dumping offenders under Article 104 of the UU PPLH and the fulfillment of special conditions in probationary sentences. Using a normative legal method with a descriptive approach, the findings result and the conclusion indicate that the imposed sanctions were not proportional to the environmental damage caused. According to B3 expert Muhammad Atjemain, such actions have the potential to cause severe and long-term environmental harm. Furthermore, the court did not impose the special conditions required for probation under Article 14c of the Indonesian Penal Code (KUHP), including the obligation to compensate for environmental damage.
PEMENUHAN KESEJAHTERAAN ANAK NELAYAN DALAM BIDANG PENDIDIKAN DI KELURAHAN JAMBULA: Fulfilling The Welfare Of Fisherman Children In The Education Field In Jambula District M Ilmar Fahrezy; Wahyuni Retnowulandari
AMICUS CURIAE Vol. 2 No. 3 (2025): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v2i3.23990

Abstract

Children have the right to welfare, care, upbringing and guidance based on affection in their families to grow and develop naturally, especially in terms of education, but in fact the fulfillment of education has not been met evenly throughout Indonesia as mandated by law. Therefore, the main problems of this research are: 1) How are the conditions of the growth and development of fishermen's children in the field of education in Jambula Village, Ternate City? 2) Are child welfare efforts in Ternate City in accordance with those stipulated in the Child Welfare Law? To answer these problems, this study uses a socio-relief research method, using secondary data sources and primary data, analyzed qualitatively and concluded inductively, descriptively. The results of the study stated that in Jambula Village, the implementation of fishermen's children's education has not been met due to economic problems. There are still children who are taken by their parents to sea and the government's efforts to distribute School Operational Assistance (BOS), thus ensuring that educational problems can be resolved immediately.
KEDUDUKAN ANAK PEREMPUAN BATAK DI JAKARTA DITINJAU DARI HUKUM WARIS ADAT (STUDI PUTUSAN NOMOR 151/PDT.G/2020/PN.PST): The Position of Batak Female Children in Jakarta Reviewed from Traditional Inheritance Law (Study Decision Number 151/Pdt.G/2020/Pn.Pst) Nabilah Arwi; Ning Adiasih
AMICUS CURIAE Vol. 2 No. 3 (2025): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v2i3.23991

Abstract

The patrilineal system is upheld by the Batak community, which results in differing responsibilities for male and female children. As a consequence, women do not inherit property. The identification problem of this study addresses how inheritance rights for female children in the Batak community residing in Jakarta have evolved, as established by Decision Number 151/Pdt.G/2020/PN Jkt.Pst following the issuance of Jurisprudence No. 3/Yur/Pdt/2018. Additionally, it looks at the reasoning behind the judge's ruling in Case Number 151/Pdt.G/2020/PN Jkt.Pst. The study uses a descriptive methodology and normative legal research techniques, utilizing secondary data analyzed qualitatively and concluded deductively. The result and conclusion in Decision Number 151/Pdt.G/2020/PN Jkt.Pst, the inheritance rights of female children in the Batak community in Jakarta are recognized as equal to those of male children. The judge's consideration in this ruling is that female children are entitled to inheritance, which deviates from the traditional Batak customs still observed in their native regions, where inheritance such as land typically passes to male children, excluding females.
KEDUDUKAN ANAK DARI PERKAWINAN SIRI DALAM PEMBAGIAN WARIS MENURUT HUKUM KELUARGA INDONESIA (STUDI PENETAPAN  NOMOR  412/PDT.P/2023/PA.JB): The Position Of Children From Siri Marriages In The Distribution Of Heirs According To Indonesian Family Law (Study Number 412/Pdt.P/2023/Pa.Jb Trianetta Carisa Asral; Khairani Bakri
AMICUS CURIAE Vol. 2 No. 3 (2025): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v2i3.23992

Abstract

Marriage, according to Law No. 1 of 1974, is a physical and spiritual bond between a man and a woman that must be registered with the state and conducted according to their respective religious teachings. Marriages that do not meet these requirements are considered siri marriages, and children born from such unions are classified as illegitimate children. This study with identification problem about inheritance rights for children born from siri marriages in Indonesian Family Law and reviews Inheritance Ruling No. 412/Pdt.P/2023/PA.JB. Using a normative approach and qualitative analysis, the study result and conclusion that Indonesian Family Law does not explicitly regulate inheritance rights for children from siri marriages. However, Supreme Court Circular No. 3 of 2023 grants them inheritance rights through wasiat wajibah (mandatory will). Based on these findings, Ruling No. 412/Pdt.P/2023/PA.JB is deemed inconsistent with the applicable family law provisions.
PERTANGGUNGJAWABAN KANADA ATAS POLUSI UDARA DI KOTA NEW YORK BARDASARKAN CONVENTION ON LONG-RANGE TRANSBOUNDARY AIR POLLUTION 1979: Canada’s Responsibility for Air Pollution in New York City Under the Convention on Long-Range Transboundary Air Pollution 1979 Eugine Vine Okteriani; Amalia Zuhra
AMICUS CURIAE Vol. 2 No. 3 (2025): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v2i3.23993

Abstract

Forest fires have become an annual disaster that continues to occur in various parts of the world. The 2023 forest fires in Canada were considered severe. The 2023 wildfire season in Canada was extraordinary, with more than 5,700 fire incidents having burned 13.7 million hectares by August 16, 2023, since the start of the fire season. The identified issue is whether Canada should be held responsible for air pollution in New York under the 1979 Convention on Long-Range Transboundary Air Pollution (CLRTAP) and whether the measures taken by Canada to address air pollution in New York have been in accordance with the provisions of the 1979 CLRTAP. The method employed is normative legal research, a descriptive-analytical approach that utilizes secondary data, incorporates qualitative data analysis, and employs deductive reasoning. The results of the study indicate that Canada should be held responsible for the air pollution in New York City, as Canada has fulfilled the elements of state responsibility as stipulated by the 1979 CLRTAP, and that Canada’s measures have complied with the convention through international cooperation.

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