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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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PENGGUNAAN KARYA CIPTA PROGRAM KOMPUTER OJEKBINTARO OLEH PT. GOTO GOJEK TOKOPEDIA,TBK BERDASARKAN UNDANG-UNDANG NOMOR 28 TAHUN 2014 TENTANG HAK CIPTA: The Use of Computer Program Copyright Works Ojekbintaro by PT. Goto Gojek Tokopedia, Tbk Based On Law Number 28 Of 2014 On Copyright Alshafa Cinta Aquarianto; Simona Bustani
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.v2i3.23994

Abstract

A computer program is considered a form of creative work protected by copyright law. With the rapid development of technology, it has become easier for plagiarism of creative works to occur. One notable case of copyright dispute involving computer programs is the copyright dispute between Hasan Azhari, the creator of the Ojek Bintaro computer program, and PT. Goto Gojek Tokopedia, Tbk. In this case, the method of ordering an online motorcycle taxi through the Gojek application was found to have substantial similarities with the Ojek Bintaro computer program created by Hasan Azhari. The identification problem discussed in this article are whether the use of the Gojek application infringes the copyright of the creator of the Ojek Bintaro computer program (http://ojekbintaro.blogspot.com) based on Law No. 28 of 2014 on Copyright. This research employs a normative legal research method with a descriptive nature and is analyzed qualitatively, with conclusions drawn based on a deductive reasoning pattern. The result and conclusion indicates that the use of the Gojek application infringes the copyright of the creator of the Ojek Bintaro computer program, as the model for the Ojek Bintaro online motorcycle taxi program was established earlier in 2008, before Gojek was founded in 2010.
TANGGUNG JAWAB SOSIAL DAN LINGKUNGAN PERUSAHAAN PADA KSO PERTAMINA EP – SAMUDRA ENERGY BWPMERUAP DI KABUPATEN SAROLANGUN JAMBI: Corporate Social And Environmental Responsibility of the KSO Pertamina EP – Samudra Energy BWPMeruap in Sarolangun Regency, Jambi Ifsaa Aaliya Saheera; Sri Bakti Yunari
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.v2i3.23995

Abstract

Article 74 of Law Number 40 of 2007 on Limited Liability Companies mandates that Companies that carry out their business activities in the field and/or related to natural resources are required to implement Social and Environmental Responsibility. The problems discussed in this study are how the implementation of Social and Environmental Responsibility is carried out by KSO Pertamina EP – Samudra Energy BWPMeruap and the obstacles in implementing the Social and Environmental Responsibility. The type of research used is normative legal research using secondary data and supported by primary data in the form of interview. The nature of this reserach is descriptive by conducting qualitative analysis and drawing conclusion deductively. Based on the result of the analysis of the Corporate Social and Environmental Responsibility carried out by KSO Pertamina EP – Samudra Energy BWPMeruap has been implemented but has not been optimal, due to legal and non-legal obstacle.
KEWENANGAN KEPALA DESA DALAM PENYALURAN DAN PELAPORAN BANTUAN LANGSUNG TUNAI DI DESA JASINGA KABUPATEN BOGOR JAWA BARAT TAHUN 2022: Authority of Village Head in Distribution and Reporting of Direct Cash Assistance in Jasinga Village, Bogor Regency, West Java in 2022 Arie Pradana Putra; Reni Dwi Purnomowati
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.v2i3.23996

Abstract

One of the social problems that Indonesia still faces is the high poverty rate. Various factors contribute to this condition, including the COVID-19 pandemic that occurred in 2020. The pandemic prompted the government to launch the Direct Cash Transfer (BLT) programme aimed at the rural poor. The distribution of BLT is a form of the government's social responsibility in an effort to restore the economic conditions of villagers. The identification of the problem in this article is about the authority of the village head in managing BLT in Jasinga Village, Bogor Regency in 2022. Based on the results of the research, it is concluded that the village has a strategic position in regulating and fulfilling the needs of its community. Then, based on the principles of diversity, participation, genuine autonomy, democracy, and community empowerment, the village has the authority to implement the programme.
PENERAPAN SURAT DAKWAAN SUBSIDAIR DALAM KEMATIAN ANAK: Application Of Subsidiary Indictment In Child Death Cases Antonius Sihmiyanto; Maria Silvya E. Wangga
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.v2i3.23997

Abstract

The indictment is a crucial part of the criminal justice process, because it plays a role in directing the course of the case examination in court. In cases involving children as defendants, the preparation of the indictment must be prepared by considering the principles of child protection as stated in Law No. 11 of 2012 concerning the Juvenile Criminal Justice System (UU SPPA). This study focuses on a juvenile criminal case involving a juvenile defendant who was charged with committing abuse resulting in death. The indictment prepared by the prosecutor includes Article 340, Article 338, and Article 351 Paragraph (3) of the Criminal Code with an alternative indictment. The identification problem studied in this study is the Application of Subsidiary Indictments in Cases of Child Death Based on the Criminal Procedure concerning the Juvenile Justice System. The research method used is the normative legal method with a descriptive-analytical approach. The research data was obtained through a literature study of primary, secondary, and tertiary legal materials analyzed qualitatively. The results of the study indicate that although the application of subsidiary charges provides flexibility in the evidentiary process, in the context of juvenile justice, an approach that emphasizes restorative justice is needed.
ANALISIS KEWENANGAN KPK RI ATAS PENETAPAN TERSANGKA TINDAK PIDANA KORUPSI MILITER AKTIF PADA LEMBAGA NON MILITER: Analysis of the Authority of the KPK RI on the Determination of Active Military Corruption Suspects in Non-Military Institutions Syifa Putri Aulia; Setiyono
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.v2i3.23998

Abstract

Corruption offenses are not exclusively committed by civilians; disciplined military personnel can also be involved. A notable instance of this was disclosed by the Corruption Eradication Commission (KPK) through a sting operation (OTT) on July 27, 2023. During this operation, KPK apprehended several private individuals and the Coordinator of Administration (Koorsmin) of Basarnas RI, Lieutenant Colonel Adm Afri Budi Cahyanto. The identification problem of this analysis is the authority and legal basis for KPK RI to charge the Head of Basarnas RI and the Coordinator of Administration (Koorsmin) of Basarnas RI in the context of the procurement project for disaster victim search equipment. Additionally, it examines the legal foundation for KPK RI to designate an active military officer as a suspect in a corruption case within a non-military institution. The result and conclusion; reveals that KPK possesses the authority to handle corruption cases involving active-duty personnel who are employed in non-military institutions or organizations, even if the perpetrators are active military officers. The primary legal foundation for the Corruption Eradication Commission of the Republic of Indonesia (KPK RI) to designate a suspect in the disaster victim search equipment procurement project is Law Number 19 of 2019, which is the second amendment to Law Number 30 of 2002 on the Corruption Eradication Commission.
KATA “NENEN” SEBAGAI MEREK WARUNG: The Word “Nenen” as a Stall Brand Sinta Anjani Hastaningrum; Aline Gratika Nugrahani
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.v2i3.23999

Abstract

Trademark registration is done to provide legal protection against the use of trademarks by other parties. Protected trademarks are those that meet the registration requirements in accordance with Article 20 of Law No. 20 Year 2016 on Trademarks and Geographical Indications. However, in reality there are still many applications for trademarks that do not meet these requirements, but the registration is accepted by the Directorate General of Intellectual Property / DJKI so that the trademark is protected and one of them is the ‘Warung Nenen’ trademark. The identification of the research problem is whether the word ‘Nenen’ in the ‘Warung Nenen’ trademark meets the requirements of Article 20 of Law No. 20 of 2016 concerning Trademarks and Geographical Indications, and what is the basis for the DJKI's consideration to approve the registration of the ‘Warung Nenen’ trademark. The research method employed is normative juridical, descriptive in nature, utilizing primary and secondary data collected through interviews and literature studies, and the data are analyzed qualitatively. The conclusion shows that although the word ‘Nenen’ is less ethical/less polite, the registration of the ‘Warung Nenen’ trademark is still accepted by the DJKI as a party that has the authority to examine the trademark.
PENERAPAN ANTI-DUMPING INTERNATIONAL TRADE COMMISSION AMERIKA DALAM KASUS PRESTRESSED CONCRETE STEEL WIRE STRAND INDONESIA BERDASARKAN GENERAL AGREEMENT ON TARIFFS AND TRADE: Application Of Anti-Dumping By The United States International Trade Commission In The Case Of Prestressed Concrete Steel Wire Strand From Indonesia Based On General Agreement Tariffs And Trade Zaki Fachrezi; Rosdiana Saleh
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.v2i3.24000

Abstract

GATT (General Agreement on Tariffs and Trade) authorizes its member countries to take anti-dumping measures against imported products that enter with dumping practices to protect domestic producers and markets. However, the implementation of anti-dumping policies often does not work as it should. This can be seen in the case of the application of anti-dumping by the United States against preset pressed concrete steel wire strand products from Indonesia, which raises issues related to the suitability of the action with the provisions of the GATT and the legal steps that can be taken by Indonesia in the face of the dumping allegations. This research uses secondary data, so it is classified as normative research with a descriptive approach and uses a deductive inference method. USITC (United States International Trade Commission) stated that PT Bumi Steel Indonesia did not fully demonstrate the Best of Its Ability during the anti-dumping investigation process. The result and conclusion of this research shows that the application of Adverse Facts Available-based dumping margin is not in line with GATT provisions. The different interpretation of Best of Its Ability between USITC and PT Bumi Steel Indonesia, which refers to Articles 6.1 and 6.2 of the Anti-Dumping Agreement, caused PT Bumi Steel Indonesia to be subject to the highest dumping margin. As a legal measure, Indonesia may file a dispute under the provisions of the Dispute Settlement Understanding (DSU).
PERAN PEMERINTAH DAERAH KABUPATEN PURWAKARTA DALAM MENCEGAH, MENANGANI DAN MEMULIHKAN PERMASALAHAN LINGKUNGAN: The Role of the Regional Government of Purwakarta Regency in Preventing, Handling and Restoring Environmental Problems Tsalsa Fitriyani Zulkarnain; Ninuk Wijiningsih
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.v2i3.24001

Abstract

One of the duties of the Purwakarta Regency Regional Government is supervision related to the environmental sector as stated in Law 23 of 2014 concerning Regional Government. Identification problems of this research are: how the implementation of the duties and functions of the Regional Government of Purwakarta Regency in preventing, handling, and restoring environmental problems according to applicable laws and regulations and how the implementation of the duties and functions of the Regional Government of Purwakarta Regency in preventing, handling and restoring environmental problems in the case of industrial waste leakage. The type of research used is normative legal research with secondary data as the main data and primary data in the form of interviews as supporting data. The nature of the research is descriptive, analyzed qualitatively and the conclusion used is deductive The result and conclusion of this research is that PT Indorama Synthetic does not carry out the administrative sanctions given and the Purwakarta Regency Environmental Agency does not supervise the implementation of administrative sanctions.
PERLINDUNGAN HAK KONSUMEN ATAS JASA PENYEDIAAN AIR OLEH PERUMDA AIR MINUM DANUM TAKA DI PENAJAM PASER UTARA, KALIMANTAN TIMUR: Protection Of Consumer Rights To Water Supply Services By Perumda Air Minum Danum Taka In Penajam Paser Utara, East Kalimantan Amira Wristy Mutiah; Dian Purnamasari
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.v2i3.24002

Abstract

The community has the right to use water as regulated in Article 8 of Law No. 17 of 2019 concerning Water Resources. One of the government's efforts to manage water resources in Penajam Paser Utara Regency, East Kalimantan is by forming Perumda Air Minum Danum Taka. Of course, in managing the clean water, Perumda Air Minum Danum Taka refers to Permenkes No. 2 of 2023 concerning Implementation Regulations of Government Regulation No. 66 of 2014 concerning Environmental Health. Despite these regulations, the public often complains about the unfit quality of clean water, so that consumer rights in Article 4 of Law No. 8 of 1999 concerning Consumer Protection are not fulfilled. So the identification problem that arises is how the protection of consumer rights due to losses experienced due to the lack of clean water quality provided by Perumda Air Minum Danum Taka. The results and conclusion of this study state that consumer protection provided by Perumda Air Minum Danum Taka has not been carried out optimally. Efforts that can be made by consumers are by settlement through BPSK or filing a class action lawsuit, in accordance with Article 45 Paragraph (1) of the Consumer Protection Law.
TINJAUAN YURIDIS TERHADAP PENGAKUAN TAIWAN SEBAGAI NEGARA MENURUT HUKUM INTERNASIONAL: Juridical Review Of Taiwan's Recognition As A State Under International Law Muhammad Farrel Abinoza; Diny Luthfah
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.v2i3.24003

Abstract

The Montevideo Convention of 1933 does not explain in detail how a state that lacks recognition from other countries can become a state, whether a state that lacks recognition can become a state, in the context of this study whether Taiwan is a state according to International Law and what is the status of the state of Taiwan (ROC) after the issuance of United Nations General Assembly Resolution 2758 on the Restoration of the legitimate rights of the People's Republic of China at the United Nations. The type of research used in this study is normative towards the recognition of Taiwan as a state according to international law, as stated in the Montevideo Convention on the Rights and Duties of States in 1933. The nature of this research is descriptive analytical, which is research that aims to describe situations, personal behaviour, or group behaviour that has a relationship between one situation and another by relying on library material. Data processing is done qualitatively, then the conclusion will be made deductively. Based on the above analysis that: Taiwan can be said to be a state based on objective criteria for a state in accordance with the Montevideo Convention of 1933 Article 1 and that Taiwan's lack of recognition due to the issuance of UN Resolution 2758 is not a requirement for the establishment of a state, this is evidenced by the existence of Article 3 of the same convention which states that a state will remain a state even if other countries do not give recognition to the existence of the state.

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