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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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PEMBUKTIAN DALAM PERKARA TINDAK PIDANA NARKOTIKA (STUDI PUTUSAN NOMOR 98/Pid.Sus/2021/PN.Tab): Evidence In Narcotics Criminal Cases (Study Decision Number 98/Pid.Sus/2021/PN.Tab) Syakia Brafnasha Isabella Pambudi; 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.v2i3.24269

Abstract

Law Number 35 of 2009 on Narcotics stipulates that abusers of narcotics category I for personal use shall be sentenced under Article 127 paragraph (1). However, in Decision 98/Pid.sus/2021/PN.Tab, the Panel of Judges imposed a sentence on a narcotics abuser for personal use under Article 112, which applies to intermediaries and dealers. This study identifies problems concerning whether the Panel of Judges’ legal considerations, which disregarded the consistency of evidence presented in court, were accurate and in accordance with the prevailing laws, as well as the evidentiary strength in Tabanan District Court Decision Number 98/Pid.sus/2021/PN.Tab. The research type is normative legal research using secondary data with a descriptive-analytical nature. The data were processed qualitatively, and conclusions were drawn deductively. With the results of the research and conclusion, it was found that the Panel of Judges’ reasoning, which failed to carefully examine the consistency of the evidence, did not align with the objectives of evidentiary law, rendering the decision inaccurate and inconsistent with existing regulations. Meanwhile, the evidentiary strength in the case was valid under Article 184 of the Criminal Procedure Code, proving that the defendant purchased narcotics for personal use and not for distribution.
ANALISIS YURIDIS DISPENSASI PERKAWINAN PADA ANAK DI BAWAH UMUR DALAM HUKUM KELUARGA MENURUT PERATURAN PERUNDANG-UNDANGAN: Juridical Analysis Of Marriage Dispensation For Minors In Family Law According To Statutory Regulations Shucy Widya Shapitri; Setyaningsih
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.v2i3.24271

Abstract

In conducting a marriage, it must fulfill the legal requirements of marriage, one of which includes the age requirement. Dispensation to marry is an exception to the provisions of the legal regulations contained in the material requirements of marriage. The problem discussed is whether a minor can obtain dispensation to marry in family law according to Indonesian laws and regulations and whether Stipulation Number 0228/Pdt.P/2020/PA.Pkj and Stipulation Number 9/Pdt.P/2021/PA.Tas regarding dispensation to marry a minor are in accordance with Family Law regulations according to Indonesian laws and regulations. The research method used is normative law using secondary data sourced from primary legal materials and secondary legal materials, analytical descriptive research nature, and deductive inference. Based on the results of the study, a minor can get dispensation to marry from the Court as in Article 7 paragraph (2) of Law Number 16 of 2019 and Article 1 paragraph (5) of PERMA Number 5 of 2019. Determination Number 0228/Pdt.P/2020/PA.Pkj is in accordance with statutory regulations because in deciding the case the judge has considered the Marriage Law and the Child Protection Law. Meanwhile, Determination Number 9/Pdt.P/2021/PA.Tas is not in accordance with the laws and regulations because the judge hasn’t considered the Child Protection Law in deciding the marriage dispensation case.
TINJAUAN HAK CIPTA TERHADAP PENGGUNAAN DEEPFAKE TERHADAP LAGU “KOMANG” BERDASARKAN UNDANG-UNDANG NO. 28 TAHUN 2014 TENTANG HAK CIPTA: A Copyright Review on the Use of Deepfake on the Song ‘Komang’ Based on Law Number 28 of 2014 on Copyright Magdalena Yossi Dian Madani; 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.v2i3.24272

Abstract

The skyrocketing development of technology has also changed the ecosystem of the domestic music industry. In mid-2023, many uploads on the TikTok application are in the form of song reconstruction efforts using software or applications to change the original sound with different input sounds. This research is intended to prove the existence of copyright infringement against Raim Laode based on Law No. 28 of 2014. This study identifies problems concerning the fulfillment of moral and economic rights of the song creator Raim Laode and the use of the song as a reconstruction medium with President Joko Widodo’s voice. Based on the findings, the use of song reconstruction through deepfake without permission harms the creator as no economic rights were shared.. This type of research is normative which is descriptive in nature and uses secondary data as supporting data using literature studies as an analytical method obtained qualitatively by drawing deductive conclusions. With the results of the research and conclusion, it was found that the action violates Articles 5 and 9 of Law Number 28 of 2014 on Copyright, both in terms of the moral and economic rights of the creator.
PEMBERATAN SANKSI PIDANA TERHADAP PELAKU KEKERASAN SEKSUAL TERHADAP ANAK DALAM HUBUNGAN KELUARGA (STUDI PUTUSAN NOMOR 215/PID.SUS/2023/PN JKT. BRT): Aggravation Of Criminal Sanctions Against Perpetrators Of Sexual Violence Against Children In Family Relationships (Study Of Decision Number 215/Pid.Sus/2023/PN Jkt. Brt) Syifa Sabrina Yuwono; Andi Widiatno
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.v2i3.24273

Abstract

Sexual violence against children within the family is an increasingly prevalent issue, even when the victims are physically prepubescent and lack adult sexual characteristics. This study identifies problems concerning the psychological, emotional, and social impacts experienced by child victims of sexual violence within the family environment, including fear, trauma, mistrust of others, and feelings of guilt over the incidents. The research employs a normative-descriptive approach, utilizing literature review and analysis of relevant case studies. The findings indicate that victims suffer from physical and psychological trauma, exhibit withdrawn behavior, and experience guilt, exacerbated by social intimidation that blames the child for the incident. Sexual violence within the family not only causes individual harm but also disrupts social relationships and the psychological development of the child in the long term. With the results of the research and conclusion, it was found that legal protection and psychological interventions for child victims are critically needed, alongside increased awareness within families and communities to prevent sexual violence and support the comprehensive recovery of victims.
TINDAK PIDANA MELAKUKAN PERSETUBUHAN DENGAN SENGAJA PADA ANAK (PUTUSAN NOMOR 410/PID.SUS/2022/PN.JKT.TIM): The Crime of Intentional Contract With A Child (Verdict Number 410/Pid.Sus/2022/PN.Jkt.Tim) Cindy Hardiyanti Wibowo; Vience Ratna Multiwijaya
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.v2i3.24275

Abstract

The crime of committing intercourse intentionally on children is an act committed by an adult male with a girl aged 14 (fourteen) years, and by the judge decided based on Article 81 paragraph (2) jo Article 76 D of Law Number 35 Year 2014 Study of Decision Number 410/Pid.Sus/2022/PN.JKT. The team with the subject matter appointed is: whether the application of criminal imposition by the judge is appropriate or not based on Article 81 paragraph (2) jo Article 76 d Law Number 35 Year 2014?. This study uses normative legal research in its analytical descriptive, using secondary data through library studies and using qualitative methods processed to obtain conclusions in this study, namely: The application of criminal offenses given by the panel of judges is not appropriate based on Article 81 paragraph (2) jo Article 76 D Law Number. 35 of 2014 concerning Child Protection. The results of this act of this act should be handed down in Article 81 paragraph (1) jo Article 76 D of Law Number 35 of 2014, because it was done like the same joy.                                  
TANGGUNG JAWAB KURATOR ATAS KELALAIAN DALAM PENCATATAN DAFTAR HARTA PAILIT DEBITOR: Responsibility of Curator for Negligence in Recording the List of Debtor's Bankrupt Assets Adinda Intan Amara Dewi; 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.v2i3.24302

Abstract

Bankruptcy is when the debtor loses the right to manage all of his assets, then the curator will become the debtor's guardian to complete all of the debtor's obligations. When carrying out his duties, the curator often negligently records the list of bankrupt assets by not using original receipt or document.  The identification problem is the responsibility of the curator in the event of negligence in the process of recording the list of assets of bankrupt debtors according to Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations, which states that the object of the creditor's dispute can be included in the bankrupt estate by the curator can be considered as negligence of the curator in recording the list of assets of bankrupt debtors by Law concerning Bankruptcy and Suspension of Debt Payment Obligations.  Method used by the author in the research is normative, descriptive by concluding using deductive logic. The results and conclusion of this study are that curator is responsible for his negligence through Article 72 of the UUK with a claim for compensation based on Article 1365 of Civil Code and Panel of Judges should not ignore the evidence of the confession .
PERBANDINGAN HUKUM PENGATURAN PIDANA MATI DAN EKSEKUSINYA INDONESIA DENGAN JEPANG: Comparison of Legal Regulation and Execution of the Death Penalty: Indonesia and Japan Winahyu Try Suryandary; Gandes Candra Kirana
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.v2i3.24303

Abstract

The death penalty is one of the oldest forms of punishment recognized in both oral and written law and is still applied in Indonesia. This research aims to compare the regulation and implementation of the death penalty in Indonesia and Japan. This study identifies the problem concerning the similarities and differences in the legal framework and execution methods, as well as the strengths and weaknesses of each country’s approach. This research uses a normative-descriptive method with secondary data through literature study analyzed qualitatively. In Indonesia, the death penalty is regulated in the Criminal Code (KUHP) and other criminal laws, while its implementation refers to Law No. 2/PNPS/1964 and the Chief of Police Decree No. 12 of 2010. Its strength lies in the comprehensive legal basis in both substantive and procedural law, with execution carried out by a firing squad. Its weakness is the inconsistency of law enforcement despite the clear rules. In Japan, the death penalty is regulated in the Criminal Code and Criminal Procedure Code. Public support and the perception that capital punishment deters serious crimes are its strengths. However, the main weakness lies in its method of hanging, with the research findings and conclusion showing that each country reflects different social and political values in their approach.
TINDAK PIDANA PENGANIAYAAN DENGAN SENGAJA MENYEBABKAN CEDERA BERAT (PUTUSAN NOMOR 561/PID.B/2021/PN.SBY): The Crime Of Torture With Intentional Cause Serious Injury (Desicion Number  561/Pid.B/2021/PN.Sby) Syach Zaky Sultan; Maria Silvya Elisabeth Wangga
AMICUS CURIAE Vol. 2 No. 4 (2025): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v2i4.24682

Abstract

The crime of assault perpetrated by the perpetrator against the victim has involved violent behavior that can cause various types of physical injuries to the victim. However, the victim may also experience serious psychological impacts due to the violence they have endured. The identification issues raised are: what are the criteria for intentional assault causing serious injury in Decision Number 561/Pid.B/2021/PN. Sby, and does the perpetrator's action of intentionally causing serious injury meet the qualifications of Article 351 Paragraph (2) in Decision Number 561/Pid.B/2021/PN.Sby. This research employs a normative research method with descriptive-analytical characteristics, utilizing both primary and secondary data obtained through literature review and analyzed qualitatively using deductive logical conclusion drawing. The research findings conclude that the defendant's actions have caused severe injuries to the victim by the criteria of Article 90 of the Indonesian Criminal Code (KUHP), which involves conditions of illness or injuries that do not provide hope for recovery or even result in death and there is appropriateness of the punishment and criminal sanctions given in this case. In the researcher's view, the charges that should have been brought forth are based on Article 351 Paragraph (2) of the Indonesian Criminal Code (KUHP) because the injuries suffered by the victim fall into the category of severe assault.
PENDAFTARAN TANAH SERTIPIKAT HAK MILIK TANAH YANG TUMPANG TINDIH DENGAN SERTIPIKAT HAK GUNA USAHA: Land Registration Certificate of Overlapping Land Ownership Rights with Cultivation Rights Certificate Muhammad Rhifo Herfi Wijaya; Lisyowati Sumanto
AMICUS CURIAE Vol. 2 No. 4 (2025): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v2i4.24683

Abstract

Overlapping land title certificates often occur in the community, indicating that there is an administrative flaw in the making of the certificate, this happened in the case of Decision No. 36/G/2023/PTUN.BJM. The identification problems are as follows: 1) Is granting a Land Ownership Certificate on the Land Use Rights owned by PT? Sarana Subur Agrindotama by the Tanah Laut Regency Land Office by the provisions of the law? 2) What are the legal consequences of PT owning the Land Ownership Certificate on the Land Use Rights? Sarana Subur Agrindotama after the Banjarmasin PTUN Decision No. 36/G/2023/PTUN.BJM. This research is a normative legal research with a descriptive nature, the data used is secondary data obtained through literature studies and analyzed qualitatively by concluding deductively. The study results and conclusion indicate that a Land Ownership Certificate on the Land Use Rights owned by PT should be granted. Sarana Subur Agrindotama by the Tanah Laut District Land Office, there is a legal administrative flaw and the legal consequences for the Certificate of Ownership over the Land Use Rights owned by PT. Sarana Subur Agrindotama from the plaintiffs can be canceled.
PENGGUNAAN SUMBER DAYA AIR UNTUK USAHA CUCI MOBIL MY CARWASH DI DENPASAR (Studi Putusan Nomor 770/PID.SUS/2021/PN DPS): The Use of Water Resources for My Carwash Car Wash Business in Denpasar (Study of Decision Number 770/PID.SUS/2021/PN DPS) Diva Aprilian Fahrezy; Ignatius Pradipa Probandaru
AMICUS CURIAE Vol. 2 No. 4 (2025): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v2i4.24684

Abstract

Water for business needs activities must have a permit as stipulated in Law 17 of 2017 concerning Water Resources. This research analyzes the Decision of the Denpasar Bali District Court (Number 770/Pid.Sus/2021/PN) regarding the use of water resources without a permit for the My Carwash car wash business activities. The  identification problems in this study are how the use of water resources without a license from the government for the My Carwash car wash business in Denpasar is viewed from Law Number 17 of 2019, and what the legal consequences are of the Denpasar District Court Decision 770/Pid.Sus/2021/PN regarding using water resources without a license for the My Carwash car wash business in Denpasar against I Kadek Martha Yoga Prayadnya. This research uses normative legal methods with descriptive research and deductive logic conclusions. Based on the results and conclusion of the study, the use of water resources by I Kadek Martha Yoga Prayadnya is proven to be negligent in not having a water resource exploitation permit in the My Carwash car wash business activities that he owns, then the legal consequences arising from this decision are imposed imprisonment and fines to I Kadek Martha Yoga Prayadnya and revocation of business licenses.

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