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Dinda Keumala
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amicus.curiae@trisakti.ac.id
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ernameiliana@trisakti.ac.id
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Sekretariat Amicus Curiae Gedung H, Kampus A, Jalan Kyai Tapa No. 1 Grogol, Jakarta Barat, Indonesia
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INDONESIA
Amicus Curiae
Published by Universitas Trisakti
ISSN : -     EISSN : 30472504     DOI : https://doi.org/10.25105/amicus.v1i1
Core Subject : Social,
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
PEMBERIAN WASIAT WAJIBAH KEPADA ANAK KANDUNG BERAGAMA BUDHA MENURUT HUKUM WARIS ISLAM INDONESIA (STUDI PUTUSAN NOMOR: 1763/PDT.G/2022/PA.JP): Granting A Mandatory Will To Buddhist Children According To Indonesian Islamic Heritage Law (Study Decision Number: 1763/Pdt.G/2022/Pa.Jp) Kamila Ainul Hakim; 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.v2i3.24004

Abstract

The inheritance process involves the transfer of assets from a deceased individual to their heirs, with Islamic inheritance law granting rights to children, surviving spouses, parents, and siblings based on the Ijbari principle. This research focuses on identification problem: the provision of obligatory bequest to Buddhist children under Indonesian Islamic inheritance law, and whether the ruling of Religious Court Number: 1763/Pdt.G/2022/PA.JP on this matter aligns with Indonesian Islamic inheritance law. The research employs a descriptive normative method using secondary data. Qualitative data analysis is conducted with conclusions drawn through deductive reasoning. The result and conclusion suggest that Indonesian Islamic inheritance law does not regulate the provision of obligatory bequests to non-Muslim children, including those of Buddhist faith, and that the Religious Court's decision is considered inconsistent with Article 209 KHI.
SANKSI PELAKU PIDANA EKSPLOITASI PEKERJA ANAK DI BAWAH UMUR DALAM PEKERJAAN YANG MEMBAHAYAKAN KESELAMATAN DAN MORAL PUTUSAN NO.88/PID.SUS.2019/PN.PTSB: Juridical Analysis of The Sanctions for The Perpetrators of Criminal Act of Exploitation of Child Labor in Endangering Safety and Morals Syaida Radella Clarissa Chairy; Rini Purwaningsih
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.v2i3.24006

Abstract

Child exploitation in the world of work is a serious violation of children's rights, especially when it involves sexual aspects and work that can endanger safety and morals. The purpose of this research is to analyze the application of criminal penalties against perpetrators of child exploitation based on Decision Number 88/Pid.Sus/2019/PN.PTSB, as well as assess how effective the law is. The method used in this research is normative law. The research findings indicate that the defendant was sentenced to one year imprisonment and a fine of 200 million, in accordance with Article 185 jo Article 68 of Law No. 13 of 2003 concerning Manpower. However, these sanctions are considered lenient when compared to the penalty under Article 2 paragraph (1) of Law No. 21 of 2007on the Eradication of the Crime of Trafficking in Persons, which has a maximum of 15 years imprisonment and a fine of up to 600 million. This study research result and concludes that the application of criminal measures in this case has not been sufficient to provide a deterrent effect for violators or protection for exploited children. Law enforcement among perpetrators of child exploitation should take stricter measures, including strengthening the enforcement of more responsible articles with more severe threats to ensure better protection for children.
TINJAUAN YURIDIS PERKAWINAN ANTARA MASYARAKAT ADAT BADUY DALAM DENGAN MASYARAKAT ADAT BADUY LUAR: Juridical Review of Marriage Between The Inner Baduy Indigenous Community and The  Outer Baduy Indigenous Community Destiamara; 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.v2i3.24007

Abstract

The term marriage in Baduy society is called Rukun Hirup, where if marriage is not carried out, then a person is considered to have violated his or her nature as a human. There are two marriage processes, namely Inner Baduy and Outer Baduy. The marriage process of the Baduy Dalam community still involves matchmaking and is followed by three stages of application. However, the identification problem is not on the marriage process, but on how to deal with marriages between the Inner Baduy and Outer Baduy communities. This research was conducted to answer the main problem, namely what is the practice of marriage between the Inner Baduy and Outer Baduy communities, and what are the legal consequences of this marriage. This research uses empirical legal research which is supported by empirical data with qualitative data management using nonprobability sampling techniques with accidental sampling methods, and conclusions are drawn deductively. The results and conclusiom of the research show that marriage practices between the Inner Baduy and Outer Baduy communities follow the implementation rules of the Outer Baduy. In the marriage between the two, there are legal consequences for the Inner Baduy community, namely that they have to leave and change their status to become Outer Baduy citizens.
KEWENANGAN PEMERINTAH DAERAH KOTA BOGOR DALAM PENGENDALIAN PEREDARAN MINUMAN BERALKOHOL: The Authority of Bogor City Government in Controlling the Distribution of Alcoholoc Beverages Siti Nur Rizqiah; 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.v2i3.24008

Abstract

The Bogor City Government has the authority to control the circulation of alcoholic drinks through Bogor Mayor Regulation Number 121 of 2022. This regulation aims to regulate the distribution, licensing, supervision and control of alcoholic drinks in order to maintain public order and protect the public from the negative impacts of alcohol consumption. In its implementation, supervision is carried out by the Bogor City Civil Service Police Unit and the Industry and Trade Service. In its implementation, this policy still faces various obstacles, including the practice of bribery in licensing, misuse of distribution permits, and the continued distribution of illegal alcoholic beverages. The identification problem with this research is that law enforcement carried out through raids is often not effective due to information leaks which enable business actors to avoid legal action. In addition, new challenges arise with the development of online commerce which makes it difficult to monitor the distribution of illegal alcoholic beverages. This type of research is normative juridical, descriptive in nature, using secondary data as main data and primary data as supporting data, as well as drawing deductive conclusions to analyze the effectiveness of policies to control the circulation of alcoholic beverages in Bogor City. The research results and conclusion show that although this regulation has been made comprehensively, its implementation still requires improvements in the aspects of supervision, inter-agency coordination, and education to the public to ensure the effectiveness of the policy in the long term.
KEWENANGAN PEMERINTAH KOTA BEKASI DALAM MENURUNKAN ANGKA KEMISKINAN DI KOTA BEKASI TAHUN 2022-2023: The authority of Bekasi city government in reducing poverty rates in Bekasi city 2022-2023 Adilah Maharani; Eko Primananda
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.v2i3.24010

Abstract

Health and food safety are among the concurrent affairs that fall under the responsibility of both the central This research examines the authority of the Bekasi City Government in reducing poverty rates for the 2022- 2023 period based on Local Regulation Number 4 of 2018 on Poverty Alleviation. The identification in Bekasi City is a serious challenge, with the number of poor residents reaching 137,390 people in 2022. The study employs a normative juridical method with a socio-legal approach, utilizing primary and secondary data from legal materials. The result and conclusion indicate that the Bekasi City Government has implemented various poverty alleviation programs such as food assistance, cash assistance, Family Hope Program (PKH), and community economic empowerment with a total budget of IDR 116.4 billion. These programs successfully reduced the poverty percentage from 4.43% to 4.10%. The government also developed the SI IJAH system with 19 assessment variables for accurate data collection and implemented extreme poverty management programs through the Regional Poverty Alleviation Coordination Team (TKPKD). The success of these programs was supported by data integration from the Integrated Social Welfare Data (DTKS), Central Bureau of Statistics (BPS), and the Acceleration of Extreme Poverty Elimination by the Coordinating Ministry of Human Development and Culture (P3KE Kemenko PMK) to ensure program targeting accuracy.
TANGGUNG JAWAB AMERIKA SERIKAT ATAS JATUHNYA PUING SPACEX DRAGON DI AUSTRALIA AKIBAT KEGIATAN KOMERSIALISASI BERDASARKAN LIABILITY CONVENTION 1972: The United States’ Liability for the Fall of SpaceX Dragon Debris in Australia due to Commercialization Activities based on the Liability Convention 1972 Lingga Ayu Winusratu; Sugeng Supartono
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.v2i3.24011

Abstract

According to the Outer Space Treaty, commercial space activities by private entities are regulated, but it is implicitly stated that countries must make their own policies regarding this matter. The problem is how countries hold responsibility under the Liability Convention of 1972 and how the United States will hold SpaceX accountable for the falling debris of the SpaceX Dragon in Australia as a result of commercialized space activities. The research was conducted with a normative research methodology and secondary data, data collection was done through library studies, analyzed using qualitative methods, and conclusions were drawn using deductive methods. The research results indicate that according to the Liability Convention of 1972, the Launching State is responsible for any damage or impacts caused by space activities. The characterization of the element of state responsibility in the United States can be delegated, therefore, the United States, acting as NASA, is not held responsible for the falling debris of the SpaceX Dragon in Australia.
ANALISIS TERHADAP NILAI KEBARUAN INVENSI VIRTUAL PRESENTER ARTIFICIAL INTELLIGENCE MILIK INEWS MEDIA GROUP: Analysis of the Novelty Value of the Artificial Intelligence Virtual Presenter Invention Owned by iNews Media Group Monnalysa Julyan Chairul; 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.v2i3.24012

Abstract

The iNews Media Group, before submitting its invention to the Directorate General of Intellectual Property Rights, had already launched its invention, namely the Artificial Intelligence Virtual News Presenter in the form of a talk show titled "The Future of Artificial Intelligence Journalism" on August 3, 2023. The issue addressed by the author is whether the moment of the talk show titled "The Future of Artificial Intelligence Journalism," which simultaneously publicized iNews Media Group's Virtual Presenter invention of Artificial Intelligence, diminishes the novelty value of the invention. By using normative research methods, the author hopes to find an answer to the problem outlined. This research concludes that the publication of iNews Media Group's virtual presenter invention of Artificial Intelligence in the talk show falls under the exceptions category as stipulated in Law Number 13 of 2016 concerning Patents Article 6. However, because it has exceeded the tolerance period set by the inventor before patent application, it diminishes the novelty value. Therefore, the author recommends that before applying for a patent, iNews Media Group should first upgrade its Artificial Intelligence virtual presenter invention to maintain novelty value.
PEMENUHAN KESEJAHTERAAN DAN KESEHATAN MENTAL ANAK ATAS PERCERAIAN ORANG TUA DI KECAMATAN TAMBUN SELATAN KABUPATEN BEKASI: Fulfillment of Children's Welfare and Mental Health Upon Divorce of Parents in South Tambun Subdistrict, Bekasi Regency Riska Saskia; Trubus Rahardiansah
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.v2i3.24013

Abstract

The fulfillment of children’s welfare rights and mental health after parental divorce is a crucial aspect regulated under Law Number 4 of 1979 on Child Welfare. This study aims to examine the implementation of these rights and explore efforts that can be taken when children’s rights are not fully met. The main problems identified include the extent to which child welfare rights are implemented in accordance with the law, the factors that hinder their fulfillment within families and social environments, and the impact of unfulfilled rights on children’s psychological, social, and developmental conditions. The research employs a socio-legal descriptive method, using both primary and secondary data analyzed qualitatively. Findings show that the fulfillment of children’s rights after divorce has not been fully realized, particularly in spiritual, physical, and social aspects. Parents in Tambun Selatan Subdistrict face challenges due to negligence, economic limitations, low education levels, and lack of awareness. These shortcomings negatively affect children’s psychology, leading to inner conflict, declining academic performance, laziness, deviant behavior, adaptation difficulties, and reduced self-confidence. The study recommends active and comprehensive measures by both parents and government institutions to ensure the fulfillment of children’s welfare and mental health rights after divorce, in line with prevailing legal principles in Indonesia.
SISTEM KERJA APARATUR SIPIL NEGARA DI KESATUAN BRIGIF MEKANIS SATU PENGAMAN IBU KOTA/JAYA SAKTI SELAMA PANDEMI COVID-19: The Work System of the State Civil Apparatus in the Brigif Mekanis Satu Pengaman Ibu Kota/Jaya Sakti During the COVID-19 Pandemic Indra Yudha Pratama; Wiratno
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.v2i3.24014

Abstract

The COVID-19 pandemic has brought major changes to people's lives, including its impact on the work system. Various policies are implemented as an effort to adjust the work system during the COVID-19 pandemic. In connection with this, this study aims to identify whether the implementation of the latest work system of the State Civil Apparatus (ASN) during the Enforcement of Restrictions on Community Activities (PPKM) in the Brigif Mekanis 1 Safety of the Capital / Jaya Sakti Unit is in accordance with the applicable laws and regulations, and to find out the obstacles faced. This research uses a normative juridical method with a descriptive approach, which is sourced from primary and secondary data, and data collection is carried out through literature study. The results showed that the determination of the latest work system of ASN in the Brigif Mekanis 1 Safety of the Capital / Jaya Sakti Unit during PPKM set a maximum office attendance of 50%. In addition, the obstacles that arise related to the implementation of the new work system during PPKM are not significantly felt.
PENANGGULANGAN WABAH ANTRAKS DI KABUPATEN GUNUNGKIDUL BERDASARKAN PERATURAN DAERAH NOMOR 3 TAHUN 2016 KABUPATEN GUNUNGKIDUL TENTANG KEAMANAN PANGAN: Handling of Anthrax Outbreak in Gunungkidul Regency, Special Region of Yogyakarta Based on the Regional Regulation of Gunungkidul Regency  Number 3 of 2016 on Food Safety Afriyan Putra; Eko Primananda
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.v2i3.24015

Abstract

Health and food safety are among the concurrent affairs that fall under the responsibility of both the central and regional governments, as stipulated in Law Number 23 of 2014 on Regional Government. Regional autonomy allows each region to regulate and address its own affairs within the framework of government matters established by law. The anthrax outbreak in 2023 in Gunungkidul Regency, Special Region of Yogyakarta, is one such concurrent governmental matter in the fields of health and food safety. The spread of anthrax was caused by various factors, including the role of the regional government in preventing and managing the disease. In addressing this, the Gunungkidul regional government referred to Regional Regulation Number 3 of 2016 on Food Safety. Therefore, the identification of problems arising from the anthrax outbreak and the responsibility of the local government is how the Local Government’s Efforts are in dealing with the anthrax outbreak in Gunungkidul Regency, Special Region of Yogyakarta in 2023. The results of the research and conclusions carried  out by the Gunungkidul Regency local government  are in the form of preventive efforts and repressive efforts.