cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Dinda Keumala
Contact Email
amicus.curiae@trisakti.ac.id
Phone
+6287840093703
Journal Mail Official
ernameiliana@trisakti.ac.id
Editorial Address
Sekretariat Amicus Curiae Gedung H, Kampus A, Jalan Kyai Tapa No. 1 Grogol, Jakarta Barat, Indonesia
Location
Kota adm. jakarta barat,
Dki jakarta
INDONESIA
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 376 Documents
 6   7   8   9   10 
PENDAMPINGAN PENASIHAT HUKUM TERHADAP TERDAKWA HUKUMAN PIDANA PENJARA DI ATAS 5 TAHUN : Legal Counsel Assistance For Defendants With Prison Sentences Exceeding 5 Years Christina , Anggi Erika; Setiyono
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.v1i1.19519

Abstract

Defendants who are sentenced to imprisonment for more than 5 years have the right to be accompanied by legal counsel. The formulation of the problem raised concerns the reason in examining the accused at the trial of a crime which carries a penalty of more than 5 (five) years in prison without beng accompanied by a legal adviser and the legal consequences of the decision handed down to the accused Tito Ariyanto who was examined and sentenced without beng accompanied by a legal adviser . This research method uses reAArch types based on normative research referring to secondary data. The nature of the research is descriptive and drawing conclusions using deductive methods. The results of the research and discussion, namely the actions of the defendant as a delivery agent for crystal methamphetamine/ecstasy were sentenced to imprisonment for 9 (nine) years without beng accompanied by legal counsel, so the conclusion of this investigation, the legal consequences caused by the defendant not beng accompanied by legal counsel, were not clearly explained by the law, but if you see several decisions of the Supreme Court then it becomes procedural law, that it is explained that if the defendant is not accompanied by legal counsel, then all legal products produced are null and void and contain legal defects
PEMIDANAAN TERHADAP PELAKU TINDAK PIDANA PEMALSUAN KARTU KREDIT (STUDI PUTUSAN No.345/PID.SUS/2021/PNY-YK): Criminal Against The Criminal Action Of Credit Card Forgery (Verdict Study N0. 345/Pid.Sus/2021/PNYyk) Setiawan, R Andhika Prameswara; Ganarsih, Yenti
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.v1i1.19530

Abstract

The crime of credit card forgery committed by Faisal Umar Firmansyah Bin Farid Firmansyah, namely  the act of buying another person's CC (Credit Card) without the knowledge of the owner at a price of IDR 80,000 per credit card and purchasing 9 (nine) cellphones by checking whether registered in the KLARNA application and if registered and have a balance then the purchase will continue and if there is no balance in the KLARNA application then fill it in advance for every $1000 USA at a price of IDR 3,000,000 to IDR 5,000,000 .Research with Decision Study No.345/Pid.sus/2021/Pn.Yyk. and there is a formulation of the problem: 1. Is the court's decision against the convict's actions Credit Card Counterfeiting according to Ps. 32 paragraph (1) jo. Ps 48 paragraph (1) Law no. 19 of 2016 concerning Amendments to Law no. 11 of 2008 concerning Electronic Information and Transactions? This study uses a normative research type that is descriptive analytical, using literature or secondary data which consists of primary legal materials and secondary legal materials obtained from literature studies and analyzed qualitatively using deductive logic, as well as drawing conclusions. The conclusions from this study are that 1. The Court's decision given to the Defendant of the Crime of Credit Card Counterfeiting is not appropriate based on Article 32 paragraph (1) jo. Ps 48 paragraph (1) Law no. 19 of 2016 concerning Amendments to Law no. 11 of 2008 concerning Information and Electronic Transactions, and 2. Judge's Decision No. 345/Pid.Sus/2021/PN Yyk which imposes a criminal sanction of 6 (six) months in prison is not in accordance with the purpose of sentencing.
TINDAK PIDANA PENGGELAPAN KARENA PENGUASAAN BARANG DISEBABKAN ADANYA HUBUNGAN KERJA: The Criminal Action Of Embracing Due To Control Of Goods Caused By An Work Relationship Sapitri, Yeka; Suar, Aprima
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.v1i1.19531

Abstract

It started from the Paseban Motor Showroom, which has an inventory of motorbikes in the showroom that are used by employees who have a working relationship to commit embezzlement. The formulation of the problem in this writing is whether the crime of embezzlement due to the possession of goods is caused by a working relationship following Article 372 of the Criminal Code and how the sentence is canceled by a judge for one year and eight months in prison according to the purpose of sentencing. The research was conducted normatively with the nature of descriptive-analytical research and concluded using deductive logic methods.  Of the offender's actions, it is not appropriate to be subject to Article 372 of the Criminal Code, so it is more appropriate to be subject to Article 374. The form of punishment is also inappropriate considering that there was an error in the application of the article so that the Judge cannot decide on the ultra petite and can only be guided by the existing indictment as Article 182 paragraph (3) ) and (4) Criminal Procedure Code.
TUMPANG TINDIH SERTIPIKAT DI KELURAHAN PEGADUNGAN, KOTA ADMINISTRASI JAKARTA BARAT: Overlapping Certificates in Pegadungan Village, West Jakarta Administrative City Rachmawaty, Desty; Keumala, Dinda
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.v1i1.19540

Abstract

Overlapping certificates are the issuance of two or more certificates describing the same parcel of land. The formulation of the problem in this research is whether the issuance of Title Certificate Number 9567/Pegadungan in the name of Yahya H. Ahmad above Building Rights Title Certificate Number 15596/Pegadungan in the name of PT Cakradigdaya Lokaraya is valid according to the provisions of National Land Law. Normative juridical research type with analytical descriptive research nature and the type of data used is secondary data obtained from the literature study. Data analysis using qualitative method and deductive inference. Conclusion, based on the Certificate of Pegadungan Village Head, the girik used by Yahya H. Ahmad in the issuance of Title Certificate Number 9567/Pegadungan is not registered in Pegadungan Village, so the issuance of Title Certificate Number 9567/Pegadungan is not in accordance with the provisions of National Land Law, namely the Explanation of Article 24 paragraph (1) of Government Regulation Number 24 of 1997 concerning Land Registration.
PENYELESAIAN SENGKETA PEMUTUSAN HUBUNGAN KERJA (STUDI PUTUSAN NOMOR : 259/PDT. SUS-PHI/2021/PN.MDN): Settlement of Termination of Employment Disputes (Study of Decision Number: 259/PDT. SUS-PHI 2021/PN.MDN Syaharani, Nikita; 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.v1i1.19554

Abstract

Termination of Employment (PHK) by an employer is termination of employment whose initiative comes from the employer, due to violations or mistakes committed by workers/labourers due to other factors, such as downsizing employees, closing companies that are losing money, changes in status, and so on. Minutes of bipartite or tripartite negotiations are an absolute requirement for pursuing a dispute at the Industrial Relations Court. The conclusions chosen by the author are conclusions drawn from the point of view of deductive logic. The conclusion of the research is based on a case study of the Decision of the Industrial Relations Court at the Medan District Court Special Class IA number 259/Pdt. Sus-PHI/2021/PN.Mdn: First the Panel of Judges was of the opinion that bipartite and tripartite negotiations had been carried out but these negotiations failed or no agreement was reached, so that the exception of the Defendants stating that the case was aquo which had never been carried out in bipartite negotiations was rejected by the judge. Second, the Judge did not consider the provisions on the remaining unpaid wages/salaries. This has been regulated in Article 61 A of Law Number 13 of 2003 jo. Article 15 Paragraph of Government Regulation Number 35 of 202 which requires employers to pay compensation money to workers whose work relationship is based on PKWT
PROSES PENYIDIKAN ANAK PELAKU TINDAK PENGANIAYAAN YANG MENGAKIBATKAN KEMATIAN BERDASARKAN UU NO.11 TAHUN 2012: The Process of Investigation Into Juvenile Persecution Resulting in One’s Demised Based on Law Number 11 of 2012 Permatasari, Astri Ratna; Saragih, Effendy
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.v1i1.19555

Abstract

The important role of kids as part of defending the life of the nation and state requires the government's awareness to guarantee the right to life of every child. Children need to be protected against all conditions and circumstances, including Juvenile Criminal Justice which they are not familiar with. The difference between the Juvenile Criminal Justice system and adult justice requires certain requirements for law enforcers within it. Juvenile justice involves direct or indirect investigators, child public prosecutors, and juvenile judges in court proceedings. The handling of cases of children who commit criminal acts is regulated in Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. The results of this study are (1) The process of investigating children who are perpetrators of abuse resulting in death according to Law Number 11 of 2012 at the Tangerang City Police; (2) There are obstacles in the process of investigating children as perpetrators of abuse resulting in death at the Tangerang City Police.
PERWALIAN (HAK ASUH) ANAK YANG DIBERIKAN KEPADA AYAH AKIBAT PERCERAIAN (STUDI PUTUSAN NOMOR 355/PDT.G/2022/PN JKT.UTR) : Child’s Guardianship (Custodial Rights) Granted to The Father due to Divorce (Study on Verdict Number 355/PDT.G/2022/PN JKT.UTR) Natalia El, Rehuel; 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.v1i1.19556

Abstract

Child’s guardianship given to whom due to a divorce is not strongly regulated, but child custody disputes are decided by courts based on children’s interests. The decision of District Court Number 355/Pdt.G/2022/PN Jkt.Utr decides that the father receives the guardianship of the three children. The issues in this article are whether the  judge's legal considerations in awarding custody of the kid to the father conform with Law Number 1 of Year 1974 on Marriage and Government Regulation Number 29 of Year 2019 on Terms and Procedures for Appointing Guardians and whether the guardianship (custodial rights) of the child is given to the father based on the best interest of the child according to best interests as outlined in Law Number 23 of 2002 on Child Protection, as revised by Law Number 35 of 2014. The judge's consideration is incorrect because it must be based on the interests of each child to achieve guardianship goals and be in line with the principle of the child's best interests. Girls should be assigned to mothers based on their interests in puberty, menstruation, physical changes, and feminine concerns. Women's faults as wives cannot be considered since a woman who is not good as a wife is not necessarily bad as a mother. It is preferable to grant the mother primary guardianship of daughters as long as the mother performs her tasks, duties, responsibilities, and obligations appropriately and fairly to protect the child's growth and best interests of the child.
PERAMPASAN BARANG BUKTI UNTUK NEGARA TERHADAP TINDAK PIDANA NARKOTIKA (STUDI PUTUSAN NO: 342/PID.SUS/2022/PN.JKT.BRT): Confistering Evidence For The State On Narcotics Crime (Study of Decision No.342/pid.sus/2022/PN.JkTBrt) Nabilla Andreas, Vanya Shafa; Saragih, Effendy
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.v1i1.19557

Abstract

Abstract Currently, drugs are misused to be consumed, distributed and marketed without obtaining permission from the authorities. The circulation of narcotics without permission or illegally is mostly carried out by irresponsible parties. Arrangements for a Confiscation and seizure for evidence in a narcotics criminal act have been regulated by the law, namely in Article 87 and Article 101 of Law Number 35 of 2009 concerning Narcotics. In the case of Decision Number 342/Pid.Sus/2022/PN.Jkt.Brt, the property of a third party used by the defendant was confiscated by the state which resulted in material losses for third parties. Based on the analysis from Decision Number 342/Pid.Sus/2022/PN.Jkt.Brt, the subject matter raised is 1) How is the consideration of the judge’s decision on decision Number: 342/Pid.Sus/2022/PN.Jkt.Brt if it is related to the Evidence Procedure contained in Law Number 35 of 2009 and The result of this research is the decision of a narcotics crime Number: 342/Pid.Sus/2022/PN.Jkt.Brt, who has confiscated evidence for the State in the form of third party property in accordance with the provisions contained in Article 101 paragraph (2) of Law Number 35 of 2009 concerning Narcotics.
ANALISIS PUBLIKASI PUTUSAN HUKUM YANG MEMUAT IDENTITAS ANAK YANG BERHADAPAN DENGAN HUKUM: Analysis of the Publication of Judges’ Decisions Containing the Identity of Children in Conflict with the Law Danasari, Putu Angel Putri; Setiyono
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.v1i1.19558

Abstract

Abstract  In accordance with the applicable guidelines, children who have problems with the law cannot publish their identities in court decisions that are disseminated on paper or electronic media. However, there is a judge’s decision that publishes the child’s identity. This article raises the issue of whether the publication of judge’s decisions containing the identity of a child violates Law Number. 11 of 2012 and the Decree of the Chief Justice of the Supreme Court Number: 1-144/KMA/SK/I/2011 and what are the legal consequences for the publication of a judge’s decision containing the identity of a child in conflict with the law. The research was conducted normatively based on secondary data and primary data. Data analysis was carried out descriptively and conclusions were drawn using deductive methods. Based on the analysis, it can be concluded that the judge’s decision to publish the identity of a child in conflict with the law has violated Article 3 letter I in conjuction with Article 19 Paragraph (1) of law Number 11 of 2012 and the Decree of the Chief Justice of the Supreme Court of the Republic of Indonesia Number: 1-144/KMA/SK/I/2011. Children who suffer losses as result of their identity being published can file a civil lawsuit to obtain compensation.
PERBANDINGAN DEWAN PERWAKILAN RAKYAT DI INDONESIA DAN HOUSE OF REPRESENTATIVE DI AMERIKA SERIKAT DALAM MELAKSANAKAN FUNGSI LEGISLASI: Comparison of the Indonesian People's Consultative Assembly and the House of Representatives in the United States in performing legislative functions Rachmania, Mutiara; Wijiningsih, Ninuk
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.v1i1.19579

Abstract

The House of Representatives based on the 1945 Constitution of the Republic of Indonesia has a role as a law-drafting body (legislation). The existence of people's representative institutions in this democratic country is needed to keep people's power from being abused. As a democracy, the United States also has a legislative institution. The bodies that hold legislative functions in the United States constitution are the Senate and the House of Representatives.  The problem of this research is to analyze the similarities and differences in the function of legislation owned by the House of Representatives of the Republic of Indonesia and the House of Representatives in the United States This research uses normative legal research methods with descriptive sifay to analyze secondary data, which is then used to draw conclusions through deductive methods. The result of this study is the similarity in the function of legislation, these two institutions both have the function to draft and approve draft laws. The difference in the legislative function of the two is that the DPR has several stages in drafting and approving laws.

Page 8 of 38 | Total Record : 376

 6   7   8   9   10 

Filter by Year

2024 2025


Reset
Filter By Issues
All Issue Vol. 2 No. 4 (2025): Amicus Curiae Vol. 2 No. 3 (2025): Amicus Curiae Vol. 2 No. 2 (2025): Amicus Curiae Vol. 2 No. 1 (2025): Amicus Curiae Vol. 1 No. 4 (2024): Amicus Curiae Vol. 1 No. 3 (2024): Amicus Curiae Vol. 1 No. 2 (2024): Amicus Curiae Vol. 1 No. 1 (2024): Amicus Curiae