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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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PIDANA BERSYARAT TERHADAP PELAKU TINDAK PIDANA KEKARANTINAAN KESEHATAN (STUDI PUTUSAN NOMOR 21/PID.S/2021/PN TNG): Conditional Punishment for Perpetrators of the Health Quarantine Crimes (A Study of Decision Number 21/Pid.S/2021/Pn Tng) Muhammad Jafar Shodiq; 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.v2i4.24963

Abstract

In 2020, during the COVID-19 pandemic, Indonesian influencer Rachel Vennya evaded mandatory quarantine after returning from New York by bribing the COVID-19 Task Force. Her case was reviewed under Verdict No. 21/Pid.S/2021/PN.Tng. This study analyzes the imposition of conditional criminal sanctions and the characteristics of the penalties applied. Using a normative-descriptive method with qualitative analysis and deductive reasoning, the research draws from primary and secondary legal sources. Criminal sanctions aim not only to punish violations but also to promote social and psychological compliance, while quarantine rules seek to prevent disease transmission. The findings show that Rachel Vennya and her accomplices received conditional sentences that do not align with substantive justice, as the lenient sanctions fail to reflect the seriousness of the offense. Ideally, the perpetrators should have received stricter penalties or served the four-month imprisonment determined by the court. Thus, law-enforcement authorities, especially judges, must impose proportionate sanctions to strengthen deterrence and uphold legal order.
TANGGUNG JAWAB DEVELOPER TERHADAP KONSUMEN DALAM PENYERAHAN UNIT APARTEMEN KEMANG VIEW: The Responsibility of Developers towards Consumers in the Handover of Kemang View Apartments Units Anastasya Islamiah; Dian Purnamasari
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.v2i4.24964

Abstract

The residential sector is a priority area for consumer protection in Indonesia under Presidential Regulation No. 50 of 2017 due to frequent consumer complaints. One notable case is the Kemang View Apartment dispute, where the developer failed to fulfill consumer rights and neglected its contractual obligations. This study examines the developer’s responsibility in handing over apartment units based on Law No. 8 of 1999 on Consumer Protection. The analysis shows that the handover of units is regulated by Law No. 8 of 1999 and Law No. 20 of 2011 on Apartments. The developer’s failure to deliver units as agreed constitutes a breach of the Sale and Purchase Agreement and violates consumer rights. At present, the developer has not fulfilled its responsibilities, resulting in unremedied consumer losses.
PERTIMBANGAN HAKIM PENGADILAN NIAGA JAKARTA PUSAT DALAM SENGKETA MEREK TERKENAL PUTUSAN 121/2022: Judicial Considerations in Famous Trademark Disputes: Analysis of Decision 121/Pdt.Sus/Merek/2022 Dimas Andrian; Muriani
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.v2i4.24966

Abstract

This study evaluates the Commercial Court’s decision in the Fisher-Price trademark dispute, in which Liu Ignasia F. Yulianti duplicated and re-registered the well-known mark. The research examines whether the plaintiff, Mattel Inc., meets the requirements to file a cancellation lawsuit under Article 76 of Law No. 20 of 2016 and whether the Central Jakarta Commercial Court’s rejection in Decision No. 121/Pdt.Sus/Merek/2022/PN.Niaga.Jkt.Pst is legally justified. Using a normative method with descriptive analysis and secondary legal sources, the study finds that Mattel Inc. possesses a valid legal basis to file the lawsuit because Fisher-Price is a well-known mark. The analysis also suggests that the court’s acceptance of the defendant’s exception was inappropriate, indicating an error in judicial consideration.
ANALISIS PERBUATAN BERLANJUT PADA PUTUSAN NOMOR 2121/PID.SUS/2022/PN TNG DALAM TINDAK PIDANA PENCABULAN ANAK: The Analysis of The Action Was Continued In Decision Number 2121/Pid.Sus/2022/PN Tng In The Crime of Child Molestation Destha Oeilasthi Hanyakrawati Paramartha; 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.v2i4.24968

Abstract

In this crime of child molestation, the application of criminal sanctions that have been regulated is often imposewd more lightly and the maximum that is threatened in the law is regulated in law Number 35 of 2014 concerning child protection. The author identification the problem about how was the criminal act of abuse committed by the perpetrator in decision number 2121/Pid.Sus/2022/PN Tng? And is the crime of continuous abuse as stated in decision number 2121/Pid.Sus/2022/PN Tng an aggravating factor? Normative research using secondary data, data collection hrough literature studies, qualitative analysis, and conclusions using deductive methods. The research and conclusion of this study is that there has been a continuous crime of child molestation. The author hopes that the results of this study can contribute to the development of criminal law and child molestation in Indonesia.
MEKANISME PENGELOLAAN ROYALTI DARI PEMUTARAN LAGU DI KAFE (STUDI PENELITIAN KOPI NAKO CABANG GALAXY DAN C CODE COFFEE TOMANG): Royalty Management Mechanism from Song Play in Cafes (Research Study of Coffee Nako Galaxy Branch and C Code Coffee Tomang) Muhammad Faris Mahardhika; Rakhmita Desmayanti
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.v2i4.24985

Abstract

Every copyrighted work has economic rights for its creator, in the form of royalties. That way the creator has the right to get economic benefits from announcing or disseminating a work or giving permission to other parties to use his work. The government based on Law Number 28 of 2014 (UUHC) created the National Collective Management Agency (LMKN) which is responsible for the management of song or music royalties. LMKN withdraws royalties to commercial users, one of which is a cafe that plays songs, besides that LMKN must also distribute royalties to songwriters through the Collective Management Institute (LMK). Related to royalty management is regulated in Government Number 56 of 2021 concerning Royalty Management for Copyright of Songs and/or Music. The subject matter is how the mechanism for withdrawing royalties as the economic rights of creators from playing songs in cafes and how the mechanism for distributing royalties to songwriters. The type of research used is normative with secondary data, which is supported by primary data. The nature of the research is descriptive and deductive inference. Based on the results of the research, it is concluded that LMKN as an institution responsible for the management of song royalties has carried out the management properly in accordance with PP 56/21, but cafes as commercial users still lack awareness to pay royalties.
TANGGUNG JAWAB MANTAN DIREKSI PT DINAR KALIMANTAN COAL ATAS PELANGGARAN PRINSIP FIDUCIARY DUTY DAN GOOD CORPORATE GOVERNANCE: Responsibilities Of The Former Directors Of Pt Dinar Kalimantan Coal For Violation Of Principles Of Fiduciary Duty And Good Corporate Governance Naufaldi Eka Kurniawan; Arif Wicaksana
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.v2i4.24986

Abstract

PT Dinar Kalimantan Coal as a limited liability company operating in the coal mining sector is obliged to pay PNBP in the form of Royalties and Fixed Contributions to the state. The board of directors as the company organ representing the company is supposed to pay the PNBP, but Haspin Walad and Yossyka Herdian Gederaharja as the former board of directors of PT Dinar Kalimantan Coal for the 2011-2019 period neglected their duties and did not provide the company's financial reports to shareholders. The main problem in this research is whether Haspin Walad and Yossyka Herdian Gederaharja violated the principles of fiduciary duty and good corporate governance and how they are held accountable. Researchers use normative juridical research methods with descriptive research characteristics and use secondary data. The research results were analyzed qualitatively and conclusions were drawn using deductive logic. The results of this research prove that the former board of directors of PT DKC violated the principles of fiduciary duty in Article 66, Article 97 paragraph (2) of the 2007 PT Law, Article 8 of the DP Law and good corporate governance, namely the principles of openness, accountability, responsibility, independence and fairness. So that it causes losses to the company, therefore you can be held responsible up to your personal assets based on Article 97 paragraph (3) of the 2007 PT Law by filing a lawsuit in court based on an unlawful act in Article 1365 of the Civil Code
ANALISIS PERCOBAAN TINDAK PIDANA PEMBUNUHAN (PUTUSAN NO. 3250/Pid.B/2021/PN Mdn): Analysis of Attempted Criminal Acts of Murder (Decision No.3250/Pid.B/2021/PN Mdn) Muhammad Firza; Maria Silvya E. 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.v2i4.24987

Abstract

An attempted crime refers to an effort to realize a criminal objective that ultimately fails. In Decision No. 3250/Pid.B/2021/PN Mdn, the perpetrator attempted murder by attacking the victim with blows and a knife aimed at the neck, causing life-threatening injuries. The act was halted when Sinuraya intervened, prompting the perpetrator to flee. The panel of judges imposed a five-year prison sentence; however, this study considers the punishment inappropriate, as sentencing must reflect the gravity of the offender’s actions. This research employs a normative juridical method with a descriptive-analytical approach. The findings indicate that the elements of attempted murder were fulfilled, including intent, commencement of execution, and interruption of the act due to external intervention. Thus, the perpetrator’s conduct constitutes a stopped attempt. Nonetheless, the five-year sentence is inconsistent with Article 338 in conjunction with Article 53(2) of the Indonesian Criminal Code. The proper sentencing calculation is two-thirds of the principal penalty for murder, amounting to ten years’ imprisonment. Therefore, the judicial decision should have more accurately reflected proportionality based on the form of attempted crime involved.
PEMANGGILAN TERHADAP SAKSI KORBAN DI PERSIDANGAN DALAM PERKARA TINDAK PIDANA PENYEBARAN VIDEO PORNO: Summoning Victim Witnesses In Court In The Case Of The Crime Of Distributing Pornographic Videos Fadel Abdurrazzaq; 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.v2i4.24988

Abstract

The public prosecutor is authorized to summon the victim to appear at the hearing and the summons must be issued at least three days before the trial begins. However, based on the object of the researcher's case, at the first hearing the victim didn’t receive a summons. The victim was informed that the case had entered the trial process at the second hearing. The problem is whether the summoning of victim in the trial of the crime of spreading pornographic videos is in accordance with the Criminal Procedure Code and how the proposed formulation of criminal procedure law in the future in order to protect the interests of victims. The results is Public Prosecutor has contradicted Article 152 (2) and Article 146 (2) of the Criminal Procedure Code. This action shows that the existing trial unfair. Therefore, it’s necessary to reformulate the Criminal Procedure Code related to the deadline for summoning victim and synchronize the Criminal Procedure Code which is derived into internal prosecutor's regulations related to the mechanism for summoning victim and sanctions to Public Prosecutor about assessment of prosecutorial performance.
PERBANDINGAN LEMBAGA EKSEKUTIF DI INDONESIA DAN KOREA SELATAN: A Comparison of Executive Institutions in Indonesia and South Korea Aley Zaenal Gozali; 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.v2i4.24989

Abstract

Indonesia and South Korea are contries that implement a presidential system where there is a separation of powers, namely the executive, legislative, and Judiciary based on the principle “Checks and Balances”. This principle is reflected in the 1945 constitution of the Republik of Indonesia and the constitutions of the Republic of Indonesia and Sound Korea. The formulation of the problem in this study is 1) The similarities and differences of executive institutions in Indonesia and South Korea? 2) What are the advantages and disadvantages of executive institution in Indonesia and South Korea?. This study uses normative research, which is descriptive sourced from secondary data and primary data, using deductive logic conclusions. The conclusions of this study is, 1) Executive institutions in principle Indonesia and South Korea have many similarities in function, dutties and authorities. The difference can be observed in the terms used for the president’s companion. In Indonesia, the presidencial candidate is referres to as the vice president is accompanied bt yhe prime minister. 2) In general, executive institutions in Indonesia and South Korea still leave shortcomings, namely, conflicts between the executive and legislature tend to be possible given the absence of high state institutions that ultimately make decisions on policies seem long, due to check and balance.
PERLINDUNGAN HUKUM PERSAMAAN KESELURUHAN MEREK TERKENAL STARBUCKS: Legal Protection Of The Overall Similarity Of The Famous Starbuck Trademark Andri Suwandi; Dian Purnamasari
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.v2i4.24990

Abstract

A brand is a sign that can be displayed graphically with the aim of distinguishing goods and/or services produced by a person or legal entity in the activity of trading goods and/or services. Starbucks Corporation is a company in the United States that has the rights to the Starbucks brand which was registered in the United States in 1976. However, there is a brand registration in Indonesia that has overall similarities with the Starbucks brand registered by PT Sumatra Tobacco Trading Company in 1992. This article discusses the issue of legal protection for the well-known Starbucks brand owned by Starbucks Corporation when it is registered in Indonesia when there is a brand that has overall similarities that has previously been registered in Indonesia. The type of research used is normative legal research with secondary data. The nature of the research is descriptive. Drawing conclusions using deductive reasoning. The conclusion of this article is that protection of the famous Starbucks brand owned by Starbucks Corporation is carried out by canceling the registration of the Starbucks brand owned by PT Sumatra Tobacco Trading Company which was previously registered in Indonesia on the grounds that it imitates the famous Starbucks brand owned by Starbucks Corporation.

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