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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 357 Documents
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USAHA KESEJAHTERAAN ANAK TERKAIT KESEHATAN DI KAMPUNG NELAYAN CILINCING: Child Welfare Efforts Related to Health in the Cilincing Fisherman’s Village Farra Mutiara Nabila; Wahyuni Retnowulandari
AMICUS CURIAE Vol. 1 No. 2 (2024): Amicus Curiae
Publisher : Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v1i2.19796

Abstract

Children's health has a significant impact on their growth and development. Every child has the right to receive welfare both in terms of health and growth and development, as stated in Article 2 paragraph (1) of Law Number 4 of 1979 concerning Child Welfare, which states, "Children have the right to welfare, care, upbringing, and guidance based on love, both in their family and in special care to grow and develop naturally." To fulfill children's health needs, health care efforts are needed, which are the responsibility of parents, the government, and society. However, in fact, there are many factors that influence the unfavorable situation and conditions in the Cilincing Fisherman's Village, which cause this not to be realized or not as it should be. The results of the research that has been carried out show that the most common illnesses suffered by children are acute respiratory infections (ARI) and diarrhea. This is due to the poor environmental conditions in the Cilincing Fisherman's Village, there are no septic tanks, and there are still many parents who underestimate the health of their children there.
ANALISIS LAMANYA PIDANA TERHADAP PELAKU PERSETUBUHAN ANAK YANG MEMILIKI HUBUNGAN KELUARGA: Analysis of the Length of Criminal Against the Actor of Intercourse Children Who Have Family Relations Nurfaizi Usman; Maria Silvya Elizabeth Wangga
AMICUS CURIAE Vol. 1 No. 2 (2024): Amicus Curiae
Publisher : Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v1i2.19800

Abstract

Intercourse with minors who have family relations has been terminated by the West Jakarta District Court Number: 1596/Pid.Sus/2020/PN Jkt.Brt where the perpetrator is the victim's uncle who forcibly commits intercourse with minors, in this case his nephew. The provisions for the burden of punishment for perpetrators of intercourse with children who have family relations are burdened with 1/3 (one third) of the length of the prison sentence for the perpetrator, which is 7 (seven) years. There are 2 (two) main issues that are raised. The main issues that are raised are what are the provisions for the duration of the crime for perpetrators of intercourse with children who have family relations and how are the provisions for aggravating crimes for perpetrators of intercourse with children who have family relations. The research was conducted normatively with the nature of descriptive analytical research and drawing conclusions using deductive logic methods. The results of the research show that the length of time the perpetrator of sexual intercourse with a child who has a family relationship is sentenced to 5 (five) years in prison under Article 81 (2) juncto Article 76D of the Child Protection Act. The penalty for the perpetrator is increased by 1/3 (one third) to 7 (seven) years, the maximum penalty under Article 81 (3) must be imposed on the perpetrator. It is hoped that the judge who decides will be able to renew and improve the provisions on the length of his sentence based on the Child Protection Law, and the government hopes to establish new criminal guidelines for the Child Protection Act.
ANALISIS YURIDIS TERHADAP PENERIMAAN PATEN PUBLIC DOMAIN PEMBUNGKUS BERGELEMBUNG YANG DI PATENKAN KEMBALI DI INDONESIA (STUDI PUTUSAN NOMOR 44/PDT.SUS-PATEN/2020/PN.NIAGA.JKT.PST): Juridical Analysis of The Acceptance of Public Domain Patents of Bubbly Wrappers Re-Patented in Indonesia (Study Decision Number 44/Pdt. SUS-Patent/2020/Pn. Trade. Jkt. Pst Shirley Natasha; Simona Bustani
AMICUS CURIAE Vol. 1 No. 2 (2024): Amicus Curiae
Publisher : Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v1i2.19801

Abstract

Patents are exclusive rights that the state grants to inventors based on the results of inventions carried out by themselves or approves other parties to do it in the field of technology within a certain period of time. The formulation of the problem is whether a simple patent for a simple colored bubble wrap which has become a public domain in the United States has the novelty to be registered in Indonesia and what is the decision of a commercial court judge in a simple patent dispute regarding the public domain in Decision Number 44/Pdt.Sus-Paten/2020/ PN.Niaga.Jkt.Pst based on Law no. 13 of 2016 concerning Patents. This research is a normative legal research type through the use of secondary data, which is supported by primary data. The nature of research is descriptive analysis, with qualitative analysis of the data. Based on the conclusion that patents that have been registered when viewed from Article 132 Law No. 13 of 2016 concerning patents can be canceled or abolished and the decision of the panel of judges at the commercial court is considered to be inappropriate in its considerations regarding the non-fulfillment of the element of novelty because it has not been careful with the existing problems and facts. In this case the judge should have been more observant in considering the provisions formulated by the Patent Law.
ANALISIS YURIDIS TERHADAP PENCATATAN PERKAWINAN BEDA AGAMA DITINJAU DARI HUKUM PERKAWINAN DI INDONESIA (STUDI PUTUSAN PENGADILAN NEGERI SURABAYA ANTARA RIZAL ADIKARA DAN EKA DEBORA SIDAURUK): Juridical Analysis of Interreligious Marriage Registration in View from Marriage Law in Indonesia (Study of Surabaya District Court Decisions Between Rizal Adikara and Eka Debora Sidauruk Muhammad Hafidz Ashidiqi; Setyaningsih
AMICUS CURIAE Vol. 1 No. 2 (2024): Amicus Curiae
Publisher : Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v1i2.19817

Abstract

Interfaith marriage is controversial in society due to the absence of regulation according to the Marriage Law.  Based on Article 2 paragraph (1) of Law No. 1 of 1974, however, in fact, there are still many interfaith marriages in society, one of which is in the decision of the Surabaya District Court.  With the study of the decision no 916/Pdt.p/2022/PN.Sby.  The 2 main issues are whether the determination of interfaith marriages can be registered according to the marriage law in force in Indonesia and whether in court decision No. 916/Pdt.P/2022/PN.Sby.Hakim who has decided to grant permission for interfaith marriages is in accordance with the rules of marriage law in Indonesia.  The research method used is a normative juridical type, with the nature of the research being descriptive and concluding using deductive logic.  Registration of marriages for interfaith marriages cannot be recorded, and the judge's decision is not by the provisions of
PENJATUHAN SANKSI PIDANA KUMULASI UANG PENGGANTI KEPADA PELAKU TINDAK PIDANA KORUPSI: Imposition Of Cumulation Criminal Sanctions For The Compensation Money To The Perpetrator Of Corruption Hutami, Trisya; Widjajanti, Ermania
AMICUS CURIAE Vol. 1 No. 1 (2024): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

From 2017 through 2021, Indonesia, the world's fourth-most corrupt nation, would incur massive state losses amounting to Rp 170,388 trillion. Only Rp. 1.4 trillion, or around 2.2% of the total state losses incurred by corruption cases, have been restored to the state via the provision of further penalty in the form of replacement money. Normative judicial, descriptive analytical, secondary data with literature study, and qualitative research methods are used. A replacement monetary penalty, in this case assumed to be a prison term of 2 (two) years, has been imposed, despite the fact that it is disproportionate to the amount of state losses incurred and the perpetrator's personal wealth felt and is therefore unlikely to fully recover losses to state finances. Therefore, the imposition of cumulative sanctions in the form of principal punishment (imprisonment and fines) and additional punishment (compensation money) should be paid in full until the state's financial losses are recovered, so that the imposition of cumulative criminal sanctions becomes effective in nature.  
TANGGUNG JAWAB SINGLE PARENT ATAS KESEJAHTERAAN ANAK DI ERA COVID-19 MENURUT UNDANG-UNDANG NOMOR 4 TAHUN 1979: The Responsibility of Single Parents for the Welfare of Children in the Era of Covid-19 According to Law Number 4 of 1979 Rianto, Adinda Febrini Shalshalillah; Retnowulandari, Wahyuni
AMICUS CURIAE Vol. 1 No. 1 (2024): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v1i1.17196

Abstract

In this Covid-19 era, children are one of the groups of people who are vulnerable to being exposed to the corona virus or its physical and non-physical impacts. In the Legislation, children are also protected by law and their welfare is guaranteed as in Indonesian Law Number 4 of 1979, both parents as part of society, must contribute to maintaining the welfare of children, including single parents. Then what about the responsibilities and efforts of single parents for the welfare of their children in the Covid-19 era? The research uses normative type with the nature of research descriptive analysis with deductive thinking method. The results of the study found the low responsibility and efforts of single parents in fulfilling children's welfare in the Covid-19 Era.
PELAKSANAAN REKRUTMEN CPNS DI LINGKUNGAN BAWASLU RI PADA TAHUN 2021 BERDASARKAN UNDANG-UNDANG NOMOR.5 TAHUN 2014 TENTANG APARATUR SIPIL NEGARA: Implementation of the Recruitment of the of Civil Servant Candidates in Bawaslu RI in 2021 Based on Law Number 5 of 2014 Concerning the State Civil Apparatus Siagian Siregar, Ananda Alfiyah Jasmine; Pamungkas, Yogo
AMICUS CURIAE Vol. 1 No. 1 (2024): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v1i1.17743

Abstract

Abstract A democratic, innovative and transparent government system has always been the hope for society and government in this modern era. One element of government that must be considered in order to realize this, one of which is through the arrangement of Human Resources (HR) within each agency or institution. Law Number 5 of 2014 concerning ASN and with internal regulations in the RI Bawaslu is a guideline for BAWASLU in carrying out recruitment of ASN employees in the BAWASLU environment for the 2021 fiscal year. The main problems of this thesis are 1) How is the selection (recruitment) of CPNS at RI Bawaslu environment in 2021? 2) Is the implementation of CPNS recruitment in the RI Bawaslu environment in accordance with Law Number 5 of 2014?. This thesis is a normative legal research that is descriptive in nature, with literature studies and interviews as well as deductive conclusions. The secondary data obtained was processed qualitatively. The results of the research show that: 1) The author describes the flow of the recruitment process in the RI Bawaslu Environment based on related regulations. 2) The author found negligence and violations that had been committed by unscrupulous CPNS selection teams in the Bawaslu environment in 2021 which were not in accordance with Law no. 5 of 2014 concerning the State Civil Apparatus. Keywords: State Civil Apparatus (ASN); Indonesian Bawaslu; Recruitment
MEMBUJUK ANAK UNTUK MELAKUKAN VIDEO CALL SEX MELALUI SOSIAL MEDIA (PUTUSAN NOMOR 392/PID.SUS/2021/PN.JKTSEL): Persuad Children to Conduct Video Call Sex Through Social Media (Decision Number 392/PID.SUS/2021/PN.Jkt.Sel) Bangun, Leony Retdalia Betri; Widiatno, Andi
AMICUS CURIAE Vol. 1 No. 1 (2024): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v1i1.17759

Abstract

Based on Decision Number 392/Pid.Sus/2021/PN Jkt, the Defendant's cell, Wawan Gunawan, requested the victim's WhatsApp number through the Hago application and persuaded the victim, who was underage, to video call sex. Based on this, is the defendant's actions in persuading children to video call sex through social media in accordance with Article 27 paragraph (1) of the ITE Law and what are the aggravating elements in the crime of persuading children to video call sex through social media. The type of research used is normative juridical, which is descriptive analytical and uses secondary data through library research. Furthermore, secondary data were analyzed qualitatively and conclusions were drawn using deductive methods. The results of this study show that the Defendant's actions in persuading children to make video calls sex through social media are in accordance with Article 27 Paragraph (1) of the ITE Law, but it is not appropriate if the sentence is only 2 years because the Defendant's actions should be more appropriate to be subject to Article 27 paragraph (1) jo Article 45 paragraph (1) jo Article 52 paragraph (1) with a sentence of 8 years in prison, because the Defendant committed a crime against a minor.
ANALISIS YURIDIS TINDAK PIDANA MEMBANTU PEKERJAAN SOSIAL MELALUI MEDIA SOSIAL UNTUK MEMPEROLEH KEUNTUNGAN MATERI (PUTUSAN NOMOR 31/PID.SUS/2021/PN.JKT.UTR): Juridical Analysis of The Crime of Assisting Sexual Work Through Social Media to Obtain Material Benefits (Decision Number 31/Pid.Sus/202/PN.Jkt.Utr) Ananta, M. Adit Bastillah; Widiatno, Andi
AMICUS CURIAE Vol. 1 No. 1 (2024): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v1i1.17760

Abstract

Penalties assigned to individuals who engage facilitating sex work via social media, perpetrated by offender, determined on judge in accordance with sanctions applied to defendant who participated aiding sex work through social media for the purpose of gaining material advantages accordance with Article 296 of Criminal Code. This article raises the main issue regarding whether the perpetrators of the crime of assisting sexual work through social media to obtain material gain in accordance with Article 296 of the Criminal Code, and correctly punishment for the crime of assisting sexual work through social media to obtain material gain. This research employs an analytical-descriptive approach under the normative juridical research category. The methodology involves utilizing secondary data from legal resources available in libraries, encompassing both primary legal sources and relevant secondary legal references through library research and qualitative analysis is carried out by drawing conclusions based on deductive logic. The conclusion of this analysis states that the perpetrator's actions are in accordance with Article 296 of the Criminal Code, but there more correctly punishment, Article 27 paragraph (1) ITE can be imposed on defendant because of act committed by defendant using electronic information facilities.
TINJAUAN YURIDIS TINDAK PIDANA TANPA HAK MEMANIPULASI INFORMASI ELEKTRONIK SECARA BERSAMA-SAMA (STUDI PUTUSAN NO.359/PID.SUS/2021/PN JKT.SEL): Juridical Review Criminal Action Without The Right To Manipulate Electronic Information Collectively (Verdict Study No. 359/Pid.Sus/2021/PN Jkt.Sel) Alfiantiko, Rizky; Widiatno, Andi
AMICUS CURIAE Vol. 1 No. 1 (2024): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v1i1.18142

Abstract

In this era of globalization, data has become an important matter in one's identity where the data certainly has loopholes for people who want to take advantage in illegal ways, one of which is by manipulating electronic information. Manipulation of electronic information is a crime that enters the realm of cyber. The development of the digital world has led to new variations in committing crimes, one of which is related to concurrent regulations or Concursus Idealis. The legal basis for the crime of manipulating electronic information is regulated in Law Number 19 of 2016 concerning Electronic Information and Transactions. With the concomitant regulation of the crime of forgery of letters, this is the basis for the creation of this article using the Literature Study method, a type ofnormatif juridical research, with the nature of analytical descriptive research,and drawing conclusions using deductive logic. There are concurrent regulations carried out by actors in manipulating electronic information where the crime of forging letters is one part of the criminal act that is incorporated in it which is carried out in collaboration

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