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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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ANALISIS YURIDIS TENTANG ALAT BUKTI KETERANGAN TERDAKWA YANG DISUMPAH SEBAGAI SAKSI MAHKOTA (STUDI PUTUSAN NOMOR 286/PID.B/2024/PN JKT UTR): Juridical Analysis Of The Evidence Of The Defendant Who Was Sworn As A Crown Witness (Case Study Number 286/PID.B/2024/PN JKT UTR) Ziansyah Attallah Rahmana; 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.v2i3.24019

Abstract

In the development of the judiciary, crown witness testimony often becomes a subject of debate as it contradicts the principle of non-self-incrimination. This study identification problem the evidentiary strength of testimony given by defendants sworn in as crown witnesses in the North Jakarta District Court Decision Number 286/Pid.B/2024/PN Jkt Utr. The research employs a normative juridical method with a descriptive approach, the data type uses secondary data with primary legal materials and secondary legal materials, and conclusions are drawn using deductive reasoning. The analysis results and conclusion show that the crown witness testimony provided in this case lacks valid evidentiary strength, violates the principles of the Indonesian Criminal Procedure Code (KUHAP), and contravenes the ICCPR, which has been ratified through Law Number 12 of 2005. This underscores the importance of adhering to the principle of due process of law in Indonesia's criminal justice proceedings.
PENGGUNAAN ANGGARAN DAN PERTANGtGUNGJAWABAN DALAM RANGKA REVITALISASI PASAR ANYAR OLEH PERUSAHAAN DAERAH PASAR KOTA TANGERANG: The Use of Budget and Accountability in he Context of the Revitalization of the Anyar Market by the Local Market Company of Tangerang City Dimas Fazar Lazuardy; Tri Sulistyowati
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.v2i3.24029

Abstract

Market Revitalization is an effort to transform and make updates that can be carried out in traditional markets, old markets that have experienced a decline in attractiveness or infrastructure delays. The author intends to conduct additional research regarding the issue of whether the implementation of the revitalization of Pasar Anyar by the Tangerang City Market Regional Company is in accordance with Regional Regulation Number 1 of 2022. The author also aims to examine the accountability steps taken regarding this utilization. budget for the revitalization of Pasar Anyar by the Tangerang City Market Regional Company. This research is normative legal research that uses a descriptive analytical approach. This research uses secondary data and uses qualitative analysis to draw findings based on deductive reasoning. The conclusion of this research is that the revitalization of Pasar Anyar, Tangerang City, will be carried out from 6 October 2023 to 6 October 2024, for the reason that Pasar Anyar, Tangerang City has inappropriate market conditions in terms of buildings, premises and inadequate parking space, which causing a decrease in people's interest in shopping at Pasar Anyar, so that the economy at Pasar Anyar declines. The revitalization of Pasar Anyar Tangerang City is in accordance with Regional Regulation Number 1 of 2022.
TINJAUAN YURIDIS BELIS TERHADAP SYARAT PERKAWINAN MASYARAKAT ADAT MANGGARAI (STUDI KASUS PADA MASYARAKAT DI DESA KETANG): Juricical Review Of Belis As A Condition Of Marriage In The Manggarai Indigenous Community (Case Study Of The Community In Ketang Village) Stella Amanda Marcella W; 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.v2i3.24031

Abstract

In general society, people often meet, interact, and mingle, making it possible for everyone to form a family unit, which is referred to as marriage, regulated under family law or kinship law. Marriage is an issue that concerns the entire community of customary unions. This study identifies the issue regarding marriage influenced by customs or traditions of certain regions within communities or kinship relations maintained by society. In the marriage process throughout Indonesia, traditions are deeply rooted and trusted from generation to generation. This is due to the strength of traditions passed down, believed by Indonesian society as something that must be upheld. One aspect attracting attention in marriage culture is the dowry given by the groom to the bride. Ketang Village, Lelak District, East Nusa Tenggara applies belis as an important tradition and a prerequisite for marriage. Belis is a dowry given by the groom’s family (anak wina) to the bride’s family (anak rona). If belis cannot be fulfilled, the marriage fails, and based on the findings and conclusion, it is found that the excessive demand for belis often leads to the failure of marriage.
PEMENUHAN PEMBERDAYAAN PEREMPUAN BERDASARKAN PASAL 14 CEDAW DALAM UPAYA MENINGKATKAN EKONOMI KELUARGA MELALUI EKONOMI KREATIF (STUDI KASUS DI DASA WISMA RW 13 PONDOK KELAPA): Fulfillment of Women's Empowerment Based on Article 14 Cedaw in Efforts to Improve the Economy Families Through A Creative Economy (Case Study at Dasa Wisma Rw 13 Pondok Kelapa) Puteri Nabila; 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.v2i3.24032

Abstract

Gender equality is an effort to ensure that women and men have equal opportunities and conditions. The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) was adopted in Indonesia through Law No. 7 of 1984. However, Indonesia realizes that discrimination against women remains strong in various fields of development. The problem raised in this study is the implementation of Article 14 of CEDAW and the efforts needed to encourage the fulfillment of women’s entrepreneurship in Dasa Wisma RW 13 Pondok Kelapa through the creative economy. This study applies a socio-legal research type based on secondary data with a descriptive analytical nature. The results show that Article 14 of CEDAW has not been implemented in empowering women in the field of creative economy in Dasa Wisma RW 13, and women entrepreneurs there do not understand or know their rights, even though those rights are clearly provided under Article 14 of CEDAW. Efforts carried out to encourage the fulfillment of women’s businesses in Dasa Wisma RW 13 Pondok Kelapa through the creative economy include conducting outreach related to the creative economy, government facilitation of developing marketing systems for creative economy products based on intellectual property, and community support to help women entrepreneurs so that they can understand and not face difficulties in entrepreneurship through the creative economy.
PEMBENTUKAN PERATURAN KEPALA OTORITA IBU KOTA NUSANTARA SEBAGAI PRODUK HUKUM DAERAH BERDASARKAN UNDANG-UNDANG NOMOR 12 TAHUN 2011: Formation of Regulations of The Head of The Nusantara Capital Authority as a Regional Legal Product Based on Law Number 12 of 2011 Alfian Kelen; 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.v2i3.24033

Abstract

Indonesia has officially moved the nation's capital with the issuance of Law Number 3 of 2022 (UU IKN) whereby the nation's capital moves from Jakarta to the Archipelago Capital (IKN) in East Kalimantan Province. As a region with special autonomy, IKN has a special regional government as well. IKN is led and managed (Head of the IKN Authority) who has a ministry-level position who has the right to set regulations for administering the IKN regional government. The identification problem of this research is to analyze the suitability of the mechanism for establishing the Regulation of the Head of the Archipelago Capital Authority with Law Number 12 of 2011. The type of research used is normative legal research. The nature of descriptive research uses secondary data as the main data. Using qualitative data analysis and drawing conclusions deductively. The result and conclusion of the research shows that the mechanism for establishing regulations for the Head of the IKN Authority’s position is not regulated, if the formatting of regulations is unclear and does not comply with the techniques for drafting legislation, the regulations can be canceled based on Article 9 of Law No.12 of 2011.
PEMBATALAN PENETAPAN STATUS TERSANGKA DALAM PERKARA DUGAAN TINDAK  PIDANA KORUPSI (STUDI PUTUSAN PRAPERADILAN  NOMOR 1/Pid.Prap/2021/PN KSN): Cancellation of The Determination of Suspect Status in A Case of Alleged Corruption (Study of Petrial Decision Number 1/Pid.Prap/2021/PN Ksn) Muhammad Fauzan Ridho Kanungga Rominton; 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.v2i3.24156

Abstract

In recent years, many corruption cases have had their suspect status revoked by the Pretrial Judge due to insufficient evidence. This study aims to provide an overview and analysis of the revocation of the determination of suspect status in alleged corruption cases by the Kasongan District Court with Number 1/Pid Prap/2021/PN Ksn. The main focus of the law discussed is whether the determination of suspect status by the Investigator has been based on the requirements in the Criminal Procedure Code (KUHAP), and whether the legal considerations and dictum of the Kasongan District Court Pretrial Judge’s decision stating the invalidity of the determination of suspect status are in accordance with the applicable laws and regulations. The results of the study indicate that the determination of suspect status by the Investigator is based on the requirements stipulated in Articles 16–19 of the Criminal Procedure Code, and the considerations of the Judge’s decision stating the invalidity of the determination of suspect status are in accordance with the applicable laws and regulations based on the juridical aspect, that there are not at least 2 sufficient preliminary evidence as stipulated in Article 184 of the Criminal Procedure Code. This study concludes that both the Investigator’s determination and the Judge’s decision were based on existing legal requirements and provisions, despite some disagreement. This study recommends that regulatory agencies be more detailed in creating and formulating legal regulations to avoid multiple interpretations.
PEMENUHAN HAK-HAK OLEH NEGARA TERHADAP PEKERJA MIGRAN INDONESIA NON-PROSEDURAL PASCA PRAKTIK HUMAN TRAFFICKING DI MYANMAR TAHUN 2022-2023 BERDASARKAN PALERMO PROTOCOL: Fulfillment of Rights by the State towards Non-Procedural Indonesian Migrant Workers Post Practices of Human Trafficking in Myanmar 2022-2023 based on the Palermo Protocol Difasyah Halilintar Sumadikara; Aji Wibowo
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.v2i3.24190

Abstract

The practice of human trafficking is a form of modern slavery that can threaten state sovereignty and human rights which are regulated in the International Protocol to Prevent, Suppress and Punish Trafficking in Persons or the Palermo Protocol, this practice of human trafficking occurs among vulnerable parties including migrant workers as has happened to dozens non-procedural Indonesian migrant workers in Myanmar in 2022-2023. The formulation of the problem is what forms of human rights violations experienced by non-procedural Indonesian migrant workers in connection with the practice of human trafficking in Myanmar and how the Indonesian government is trying to fulfill the rights of non-procedural PMIs after the practice of human trafficking in Myanmar in 2022-2023 based on Palermo Protocols. This type of research is normative, descriptive research and drawing conclusions using deductive logic. As a result, non-procedural PMI who experience human trafficking practices in Myanmar experience a form of violation of human rights in the provisions of International Human Rights Law such as the right to life, the right to freedom, the right not to be tortured, the right not to be forced to work and other rights. Efforts made by the government Indonesia in fulfilling the non-procedural rights of PMI after the practice of human trafficking in Myanmar is the recovery of victims by legal processing of traffickers based on Law No. 21 of 2007 concerning trafficking in person to pay restitution and compensation, restore the psychological and traumatic conditions of victims in RPTC, carry out socialization by forming a trafficking in person Task Force, BP2MI, LPSK as well as collaboration with IOM, ASEAN and other countries.
KEWAJIBAN PENCANTUMAN PESAN KESEHATAN PADA MINUMAN KOPI KEMASAN DALAM PERSPEKTIF PERLINDUNGAN KONSUMEN: The Obligation To Include Health Messages On Packaged Coffee Drink Labels From A Consumer Protection Perspective Rosy Aisyah; Renti Maharaini Kerti
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.v2i3.24261

Abstract

Coffee beverages are among the processed foods favored by various groups. Pursuant to Minister of Health Regulation Number 30 of 2013, processed foods containing sugar, salt, and fat (GGL) are required to include health warnings on their packaging labels. Based on the research object, it was found that only 1 out of 25 coffee beverage products displayed a health warning on its label. This study identifies problems concerning the regulation of mandatory health warnings regarding sugar content on packaged coffee beverages and the supervisory function over the fulfillment of such obligations. The findings indicate that the enforcement of mandatory health warnings related to sugar content on packaged coffee beverages has mostly not been implemented by business actors. Among the 25 coffee beverage products studied, only one product displayed the required health warning, namely Del Monte Vanilla Latte. The supervisory function over the mandatory health warning labeling has been carried out by the authorities. However, this function remains general and has not yet specifically focused on the inclusion of health warnings on packaging labels. With the results of the research and conclusion, it was found that the implementation of mandatory health warning labeling remains weak, requiring more targeted supervision to ensure the regulation is effectively enforced.
KONTRIBUSI PAJAK REKLAME TERHADAP PENDAPATAN ASLI DAERAH (PAD) DKI JAKARTA DI TAHUN 2020 SAMPAI DENGAN 2022 BERDASARKAN PERDA NOMOR 12 TAHUN 2011: Contribution Of Advertisement Tax To Regional Regional Income (Pad) Of Dki Jakarta In 2020 To 2022 Based On Regional Regulation Number 12 Of 2011 Lamsihar Raymond Davidson; Januardo Sihombing
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.v2i3.24262

Abstract

Difficulties in determining the accurate selling value of advertisement tax objects often lead to differences in perception between taxpayers and tax officers; a lack of taxpayer awareness to pay advertisement taxes; insufficient supervision and law enforcement against tax violations, which result in many illegal advertisements appearing in public spaces; and a complex and bureaucratic advertisement tax administration system, making it difficult for taxpayers to fulfill their obligations. This study uses a normative and descriptive approach to analyze the management of advertisement tax in DKI Jakarta. This study identifies problems concerning difficulties in determining the value of advertisement tax objects, low taxpayer awareness, weak supervision, and administrative complexity affecting tax compliance. Data were collected from legislation and legal literature to provide an in-depth understanding of the applicable legal framework. The findings indicate that although local regulations provide a clear legal framework, challenges remain, such as difficulties in identifying digital advertisement tax objects and differences in rates compared to other regions. Technical constraints in supervising violations, as well as the need to enhance the capacity of officers and inter-agency coordination, are key areas for improvement. With the results of the research and conclusion, it was found that the management of advertisement tax requires systematic improvements to increase taxpayer compliance and the effectiveness of supervision.
ANALISIS YURIDIS PERSYARATAN USIA BAKAL CALON PRESIDEN DAN/ATAU BAKAL CALON WAKIL PRESIDEN DALAM PEMILU 2024 (STUDI KASUS PUTUSAN MK/NOMOR-90-XXI-PUU/2023): Juridical Analysis Of Age Requirements For Presidential And Vice-Presidential Candidates In The 2024 Election (Case Study Of The Constitutional Court Decision No. 90/Xxi/Puu/2023) Rama Mahendra; 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.v2i3.24268

Abstract

This study intends to examine Constitutional Court Decision Number 90/PUU-XXI/2023, which amended the provision of Article 169 letter q concerning the minimum age requirement for presidential and vice-presidential candidates. This study identifies problems concerning the Court’s legal considerations in the judicial review of Article 169 letter q of Law Number 7 of 2017 on General Elections, particularly related to the nomination of candidates for the 2024 Election, as well as analyzing the legal implications of the decision. The research method applied is a normative-empirical legal approach, combining field research and literature study, aimed at understanding the legal reasoning behind the Constitutional Court’s ruling. The findings indicate that there has been a direct change to Article 169 letter q, where the minimum age requirement of 40 years, previously absolute, has been expanded by adding an alternative condition, namely having previously held or currently holding an elected office, including regional head elections. With the results of the research and conclusion, it was found that this decision has significant implications for the system of presidential and vice-presidential candidacy in Indonesia, broadens opportunities for candidates from regional head backgrounds, and raises debates regarding the consistency of the principles of equality and legal certainty in elections.

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