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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
PENGENDALIAN PERMUKIMAN DI SEMPADAN SUNGAI CILIWUNG KELURAHAN MANGGARAI JAKARTA SELATAN BERDASARKAN PERATURAN DAERAH DKI JAKARTA NOMOR 1 TAHUN 2012 TENTANG RENCANA TATA RUANG WILAYAH 2030: Residential Control On The Riverbank Of Ciliwung, Manggarai District, South Jakarta Based On Dki Jakarta Regional Regulation Number 1 Of 2012 Concerning The 2030 Regional Spatial Plan Ricky Dwi Prasetyo; Meta Indah Budhianti
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.v2i4.24685

Abstract

Settlements located in the river basin area are often found in some urban areas. These settlements are not far from standing on the border area of the river flowing, especially those that occur in residential settlements around the border area of the Ciliwung River. This problem has occurred for a long time, causing various effects felt by the community. Of course, because of these identification problems, whether the implementation of settlement control in the Ciliwung River Basin, Manggarai Village, South Jakarta City is by the Jakarta Regional Regulation No. 1 of 2012 regarding the 2030 Regional Spatial Plan and how the efforts of the South Jakarta Administration City government can be made against the establishment of buildings in the Ciliwung River basin area based on the Jakarta Regional Regulation No. 1 of 2012 concerning the 2030 Regional Spatial Plan. In answering these problems, this study is executed using the Normative Juridical method of Descriptive Analysis, sourced from secondary data made from primary law and secondary legal materials, which are analyzed qualitatively so that conclusions can be drawn deductively. According to result the research and the conclusion that the Ciliwung River border area does not comply with the Jakarta Regional Spatial Plan, and for now, it is impossible to arrange the area in the area because there is no location determination from BWSCC.
PEMANFAATAN AIR UNTUK KEPENTINGAN BISNIS (STUDI PUTUSAN NOMOR 91/PID.B/LH/2021/PN TTE): Water Utilization for Business Purposes (Study of Decision Number 91/Pid.B/LH/2021/PN Tte) Dinda Nabila Ramadhanty Lazuardi; Sri Untari Indah Artati
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.v2i4.24686

Abstract

Utilization of groundwater for business purposes must have a permit, this is stated in Law Number 17 of 2019 related to Water Resources (UU SDA). Identification problems raised are what the legal consequences are for individuals who do not have a water utilization permit for business purposes and how sanctions can be applied to individuals who have utilized water for business purposes without a permit. To answer the problem, the normative juridical method is used, which is descriptive, using secondary data that is analyzed qualitatively and deductively concludes. By the findings result and conclusion of the analysis of Court Decision Number 91/Pid.B/LH/2021/PN Tte with Law Number 17 of 2019 related to Water Resources (UU SDA), the results obtained are that Iqbal Barady was found guilty of using groundwater without using a water utilization permit and selling the groundwater to residents. Iqbal Farady was sentenced to imprisonment by Law Number 17 of 2019 related to Water Resources (UU SDA).
DAMPAK PUTUSAN MK TERHADAP HAK POLITIK MANTAN KORUPTOR DALAM PENCALONAN ANGGOTA LEGISLATIF 2024: The Impact of the Constitutional Court Decision on the Political Rights of Former Corruptors in the Candidacy for Legislative Members in 2024 Aurigae Bee Hendra; Radian Syam
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.v2i4.24687

Abstract

In a democratic country, elections play a crucial role in shaping a power system based on the sovereignty of the people. The Election Law regulates the requirements for candidacy for the positions of President, Vice President, and legislative members. However, currently, many legislative candidates do not adhere to the specified criteria. The identification problem revolves around the rights of former corrupt convicts before and after Constitutional Court Decision Number 87/PUU-XX/2022, as well as the implications and consequences following the decision, which altered one of the conditions for candidacy as a legislator. The research method employed is a normative and descriptive study, utilizing secondary data as the source of information. This data is qualitatively analyzed, and conclusions are drawn deductively. The result research and conclusion indicate that Constitutional Court Decision Number 87/PUU-XX/2022 has led to changes in the eligibility criteria for legislative candidates, particularly for former convicts, who are now required to wait for 5 years after their release before being eligible to run for election again.
PERBANDINGAN PENGATURAN PENGADAAN BARANG DAN JASA DI LINGKUP BUMN ANTARA NEGARA INDONESIA DAN MALAYSIA: Comparison Of Arrangement For The Procurement Goods And Services Within The Scope Of Soes Between Indonesia And Malaysia Raizidane Zavier Rais; Rosdiana Saleh
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.v2i4.24688

Abstract

Government procurement of goods and services plays an important role in encouraging economic growth for the welfare of the people. SOEs as strategic economic actors also support the national economy based on the principles of economic democracy. In procuring goods and services, SOEs have Standard Operating Procedures (SOP) in accordance with applicable laws and regulations. In Indonesia, procurement is regulated through the Regulation of the Minister of SOEs Number PER-2/MBU/03/2023 with a normative and bureaucratic approach that emphasizes procedural compliance. Malaysia through the Red Book: Procurement Guidelines & Best Practices adopts a strategic and flexible approach oriented towards Good Corporate Governance and value for money. This study identification problem about the similarities and differences in Standard Operating Procedures (SOPs) for the procurement of goods and services within the scope of Indonesian and Malaysian SOEs, as well as the obstacles in conducting legal comparisons. The method used is normative with a descriptive analytical legal comparative approach. The results and conclution of article show that while both uphold the principles of transparency and accountability, Malaysia's system more adaptive and innovative through digitalization. Indonesia still faces bureaucratic and institutional challenges. Legal comparative obstacles arise from differences in the basic legal system adopted by each country.
KONTRIBUSI RETRIBUSI PEMOTONGAN HEWAN DALAM UPACARA ADAT RAMBU SOLO TERHADAP PAD DI KABUPATEN TORAJA UTARA TAHUN 2021-2022 KONTRIBUSI RETRIBUSI PEMOTONGAN HEWAN DALAM UPACARA ADAT RAMBU SOLO TERHADAP PAD DI KABUPATEN TORAJA UTARA TAHUN 2021-2022 Azaria Claresta; Ninuk Wijiningsih
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.v2i4.24689

Abstract

The animal slaughter levy is the highest contribution related to traditional ceremonies. The formulation of the problem is whether the procedure for collecting regional levies on the slaughter of animals in the Rambu Solo' ceremony in North Toraja district is in accordance with PERBUP TORUT No. 31 of 2021 and whether the regional levy on the slaughter of animals in the Rambu Solo' traditional ceremony in 2021-2022 contributes to PAD in North Toraja district. This research is a normative legal research, with an analytical descriptive nature. Using secondary data in the form of primary and secondary legal materials. The data was analyzed qualitatively with deductive conclusions. The conclusion is that the contribution of the Animal Slaughter Levy in the Rambu Solo' Traditional Ceremony to PAD in Toraja Regency has increased significantly based on 2021-2022. In 2021-2022, it shows an increase of 4.3% from 2021. Although there has been an increase in levy revenue, the levy results in 2021-2022 did not reach the target given by the government. The obstacle to this does not happen is due to the small location of slaughterhouses, slaughterhouse rates tend to be high, uneven socialization in the community, thick culture and inadequate law enforcement and regulations.
PRAKTIK AUTOCRATIC LEGALISM DI INDONESIA DALAM PROSES PERUBAHAN KEDUA ATAS UNDANG-UNDANG NO.30 TAHUN 2002 TENTANG KOMISI PEMBERANTASAN TINDAK PIDANA KORUPSI: Practice Of Autocratic Legalism In Indonesia In The Process Of The Second Amendment To Law No. 30 Of 2002 Concerning The Corruption Eradication Commision Muhammad Fauzan Alaydrus; Ali Rido
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.v2i4.24690

Abstract

Autocratic legalism is the practice of privatizing power that uses law as a pretext for action. The symptom of autocratic legalism is a contemporary issue that occurs in several Latin American countries. This symptom is also suspected to occur in Indonesia. In order to further examine the existence or absence of this symptom, the researcher examined it against the process of the second revision of Law Number 30 of 2002 concerning the Corruption Eradication Commission. For this reason, the author conducted a study based on the formulation of the following problems: 1. How is the practice of autocratic legalism in the second amendment to the Law on Corruption; 2. What is the impact of the practice of autocratic legalism on the institution of the KPK after the second amendment to Law No. 30 of 2002; This research is a normative legal research using secondary data as the main data analyzed qualitatively. The nature of the research is descriptive with deductive conclusions drawn. Based on the results of the study, the practice of autocratic legalism in the revision of the KPK Law includes: 1). The legislative process is fast and tends to be closed; 2). Collusion or conspiracy between the DPR and the President; 3). Manipulation of the law as a pretext for legitimacy; and 4). Co-optation of political parties. The impact is that the independence of the KPK is disrupted both institutionally and institutionally, thus significantly increasing the duties and functions of the KPK.
PENJATUHAN SANKSI DI BAWAH PIDANA MINIMUM KHUSUS TERHADAP TINDAK PIDANA KORUPSI (STUDI PUTUSAN NOMOR  34 / PID . SUS – TPK / 2021 / PN JKT. PST): Imposing Sanctions Under The Minimum Criminal Specifically For Criminal Acts Of Corruption (Study Decision Number 34 / Pid . Sus – Tpk / 2021 / Pn Jkt .Pst) Dira Claudia Hasnah Siagian Siregar; Azmi Syahputra
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.v2i4.24691

Abstract

The law enforcement process for corruption cases is not simple because there are still often differences in the sentencing of crimes. The identification problem in writing this journal is what is the basis for the judge's consideration in imposing sanctions on Decision Number 34 / Pid. Sus – TPK / 2021 / PN JKT . PST is in line with Article 197 paragraph (1) letter f of the Criminal Code and how the legal consequences for the judge are not covered as required by Article 197 paragraph (1) letter f of the Criminal Procedure Code which when adjusted to the indictment is used as the basis for the judge's consideration and is also associated with Article 2 paragraph (1) of the Corruption Crime Law. The type of research used is normative, the nature of the study is descriptive, the data used is secondary data. Qualitative is the analysis of the data used and the method of drawing deductive conclusions. In conclusion, the Judge in deciding this case with a criminal offense that is not by the relevant laws in force even under the special minimum provisions that have been determined in the relevant article listed in the public prosecutor's indictment and is the basis for the judge's consideration.
SANKSI PIDANA TERHADAP KECELAKAAN LALU LINTAS YANG MENGAKIBATKAN HILANGNYA NYAWA ZAINAL ARIFIN (PUTUSAN NOMOR : 1346/PID.SUS/2023/PN.SBY): Criminal Sanctions for Traffic Accidents Resulting in the Loss of Zainal Arifin Life (Decision Number: 1346/Pid.Sus/2023/Pn.Sby) Erlina Patricia; Dian Adriawan Daeng Tawang
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.v2i4.24692

Abstract

The purpose of this study is to analyze Decision Number: 1346/Pid.Sus/2023/Pn.Sby on Criminal Sanctions for Traffic Accidents Resulting in the Loss of  Zainal Arifin Life. The identification problems discussed are 1) Is the provision of criminal sanctions against the defendant Caesar Rianaditya Fasa Ardiansyah Bin Djoko Purnomo which resulted in loss of life by Law Number. 22 of 2009 concerning Traffic and Transportation Roads?; and 2) Is the criminal sanction imposed by the Panel of Judges in Decision Number: 1346/Pid.Sus/2023/Pn.Sby by imposing a prison sentence of 5 (five) months by the objectives of punishment?. This research uses a type of normative legal research which is descriptive analysis, using secondary data, then processed qualitatively. This study  result and oncludes that the 1) criminal sanction imposed on the defendant is very light and not optimal because it is not by the criminal sanctions in Article 310 paragraph (4) of Law Number 22 of 2009 concerning Traffic and Transportation Roads, and has not reflected a sense of justice; 2) the imposition of criminal sanctions is not by the objectives of punishment in absolute theory, relative theory, combined theory and contemporary theory.
TINDAK PIDANA PENGANIAYAAN MENGAKIBATKAN KEMATIAN KARENA BELA PAKSA (Putusan No. 103/Pid.B/2021/PN.Gdt): The Crime of Assault Resulting in Death Due to Self-Defense (Judgment No. 103/Pid.B/2021/PN.Gdt) Abraham Julian Hasudungan; Rini Purwaningsih
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.v2i4.24693

Abstract

In the context of persecution, there is a criminal law principle called self-defense that exceeds the limit, also called Noodweer Exces. The problem of this study is how the regulations regarding ordinary self-defense and those that exceed the limit based on decision number 103/Pid.B/2021/PN.Gdt and whether the consistency of the elements contained in Article 49 Paragraph 2 of the Criminal Code for the case of Noodweer Excesses that occurred in the facts of the trial from decision number 103/Pid.B/2021/PN.Gdt. This study uses a normative type with a descriptive nature, where data is collected through literature studies, with legal sources used including the 1945 Constitution, Article 49 of the Criminal Code.. This study concludes that the judge's decision decided that Nuryadin was proven guilty of his actions but received a pardon because he had been proven to have committed self-defense that exceeded the limit by the elements listed in Article 49 of the Criminal Code. Taking into account the elements in Article 49 Paragraph 2 of the Criminal Code, Nuryadin is considered to have committed an act of Noodweer Exces by admitting that his actions were an effort to defend himself that exceeded the limits in an emergency.
PERBANDINGAN PEMILIHAN GUBERNUR DI INDONESIA DAN FILIPINA: Comparison of Governor Elections in Indonesia and the Philippines Alviansyah; Ninuk Wijiningsih
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.v2i4.24694

Abstract

The Philippines is a democratic country in Asia. The Republic of Indonesia has similarities and differences with the Republic of the Philippines. The main problem discussed in this research is what are the differences and similarities in gubernatorial elections in Indonesia and the Philippines? and what are the advantages and disadvantages of gubernatorial elections in Indonesia and the Philippines? The research was conducted using normative legal research methods, with secondary data supported by primary data. The nature of the research is descriptive and conclusions are drawn using a deductive method. Based on the research results, there are similarities regarding the gubernatorial election, namely that they are both elected by the people where there are polling places (TPS), the leadership area is equivalent to the province, and the difference is that candidates for governor in the Philippines are required to stay in the area they will lead for 6 months while in Indonesia they do not. . Apart from that, the advantage of the gubernatorial election in Indonesia is that the timing of the regional elections with elections is different. The advantage of the gubernatorial election in the Philippines is that the votes are counted using machines.