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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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PERBANDINGAN HUKUM TINDAK PIDANA PERKOSAAN BERDASARKAN PASAL 285 DAN 286 KUHP INDONESIA DENGAN ARTICLE 177 DAN 178 PENAL CODE OF JAPAN (ACT NO. 45 OF 1907): Comparison of Rape of ense Based on Article 285 and 286 of the Indonesia Penal Code with Article 177 and 178 of the Penal Code of Japan (Act No. 45 of 1907) Puspitasari, Monica Dwi Anny; Multiwijaya, Vientje Ratna
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.v1i1.19587

Abstract

Comparative Criminal Law is a way to compare the similarities and dif erences based on the  arrangements and elements of the crime of rape in both Indonesia and Japan. The main issues are (1)  How is the regulation of the crime of rape according to Articles 285 and 286 of the Indonesian Criminal  Code with Articles 177 and 178 of the Penal Code of Japan (Act No. 45 of 1907)? and (2) What are thesimilarities and dif erencesin the elements of the crime of rape according to Articles 285 and 286 of the IndonesianCriminal Code and Articles 177 and 178 of the Penal Code of Japan (Act No. 45 of 1907)?This study uses a comparative normative research method that is descriptive analysis in nature, using secondary data obtained from a literature study which is processed qualitatively with the conclusions that are (1) Regulations in Japan according to Articles 177 and 178 are only limited to crimes against  decency, rape andbigamy while regulation in Indonesia is divided into attacking              obscenity, and traf icking of women and children. (2) There are similarities in the two arrangements, namely that they are formal of enses, elements of violence and threats of violence, there are criminalthreats and both arrangements are forms of crime. Thedif erence can be seen from the legal system, subject and object of rape, criminal sanctions, duration of criminalsanctions, and limitations of objects of rape. The results of his research show that regulations in Indonesia are considered to be far more complete and extensive regarding crimes against decency and are not limited to certainmatters, and to be able to provide a deterrent ef ect on perpetrators of rape, attentioncan be paid to punishment based onthe Law on Sexual Violence 
PERTANGGUNGJAWABAN PIDANA PELAKU PEMALSUAN SURAT DAN PENCURIAN KONTENER DENGAN PEMBERATAN DI JAKARTA UTARA: Criminal Accountability for Forger of Ketter and Container Theft With Weight in North Jakarta Prasetyo, Pandya Dimas; Multiwijaya, Vientje Ratna
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.v1i1.19589

Abstract

The criminal responsibility of the perpetrators of the crime of theft which began with falsifying a letter resulted in a loss of Rp. 40,000,000.00 to the victim, but in fact the judge's decision was not satisfactory because it only used Article 363 paragraph 1 4 of the Criminal Code as illustrated in the Decision of the Central Jakarta District Court No. . 113/Pid.B/2022/PN Jkt Utr. The main issue raised is How is the criminal responsibility of the perpetrator, is it appropriate based on Article 363 paragraph 1 4 of the Criminal Code? and Is the perpetrator's actions included in the combination of criminal acts? This study uses a Normative Juridical research method which is Analytical Descriptive in nature by using Secondary Data obtained from literature studies which are then processed qualitatively. Deductive conclusions are in the form of (1) The perpetrator's liability is not appropriate if only using Article 363 paragraph 1 to 4 singly because it also fulfills the formulation of Article 263 paragraph 1 of the Criminal Code and the perpetrator's actions are included in a combination of criminal acts, namely Continuing Actions resulting in inappropriate perpetrator accountability if only subject to Article 363 paragraph 1 to - 4, but he should also be subject to Article 263 paragraph 1 of the Criminal Code concerning Forgery of Letters, besides that his actions are included in a combination of criminal acts, namely Vorgezette Handelling with sharpened punishment in order to achieve contemporary criminal purposes and goals 3R +1D.
PENGELOLAAN KEUANGAN NEGARA HASIL TINDAK PIDANA KORUPSI BERDASARKAN UNDANG-UNDANG NOMOR 17 TAHUN 2003 TENTANG KEUANGAN NEGARA (STUDI PUTUSAN MAHKAMAH AGUNG 29/PID.SUS-TPK/2021/PN.JKT PST): Management of State Financial Proceeds of Corruption Crime based on Law Number 17 of 2003 Concerning State Finance State ( Study of Supreme Court Decision 29/Pid.Sus-TPK/2021/PN.Jkt. Pst) Marzani, Devica Alivia; Edward, Ferry
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.v1i1.19591

Abstract

In the Supreme Court decision 29/Pid.Sus-TPK/2021/PN.Jkt.Pst the panel of judges decided that Juliari Peter Batubara must pay state compensation money. The main issues raised by the author 1) What is the process for managing returns to state finances resulting from criminal acts of corruption (Study of Supreme Court Decision 29/Pid.Sus-TPK/2021/PN.Jkt.Pst), to the state according to the applicable laws and regulations? 2) Are there any obstacles in the process of recovering state financial losses from corruption? This study uses a normative research type that is descriptive-analytical. Data collection uses primary data and secondary data. The data is processed qualitatively by drawing conclusions using a deductive method. The results of the research show that the process of managing state financial losses carried out by the defendant Juliari Peter Batubara refers to the Attorney General's Office Regulation of the Republic of Indonesia Number 19 of 2020 concerning Settlement of Compensation Money Decided by Courts and Regulation of the Minister of Finance Number 225 of 2020 concerning the Electronic State Revenue System . In the process of returning state financial losses resulting from the corruption crime of Juliari Peter Batubara there were no obstacles because the convict was able to and had compensated for the state losses arising from the proceeds of the corruption crime.
DIHIDUPKANNYA KEMBALI PATEN NOMOR IDP000028054 BERDASARKAN UNDANG-UNDANG PATEN: Revival of Patent Number IDP000028054 Under the Patent Law y, Anastasya; Nugrahani, Rr.Aline Gratika
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.v1i1.19592

Abstract

A right to a Patent may be removed for certain reasons. In the case of a Patent IDP000028054 in the form of a U Profile is abolished because the owner of the Patent is considered negligent in making payment of the annual fee of the Patent. So the issue that arises is whether the judge's reasons and considerations in the deletion of the U Profile Patent are in accordance with the Patent Law and whether the judge's consideration of the revival of the U Profile Patent that has been abolished is in accordance with Article 141 of the Patent Law. In order to answer this problem, normative research is carried out which is descriptive analysis sourced from secondary data taken through document and literature studies. Data processing is carried out qualitatively, then conclusion making is carried out using deductive logic methods.As per the analysis of this ruling, it is known that the deletion of the U Profile Patent is unlike the applicable provisions under the Patent Law and the judge's consideration relating to the revival of the U Profile Patent is in accordance with the Patent Law
PENYELESAIAN SENGKETA HUBUNGAN INDUSTRIAL DALAM PEMUTUSAN HUBUNGAN KERJA (PHK) MENURUT SISTEM PERADILAN DI INDONESIA DENGAN MALAYSIA: Settlement of Industrial Relations Disputes in Termination of Employment According to the Judicial System in Indonesia and Malaysia Rizky, Normalita; Yurikosari, Andari
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.v1i1.19593

Abstract

Industrial relations conflicts are intricate issues that often arise in the lives of individuals, particularly for those in worker and employer roles. These conflicts can lead to employment termination or layoffs. Each country has its own methods for resolving labor disputes depending on the adopted legal system. Indonesia uses a Civil Law system, while Malaysia follows a Common Law system, resulting in different approaches to resolving these conflicts. This study aims to examine and describe the impact and resolution efforts related to labor disputes in both countries. The research methodology employed is normative legal research, with a descriptive analytical approach. Primary data, obtained from interviews, and secondary data, obtained from literature studies, were used for analysis. The study reveals notable disparities in labor dispute resolution between the two countries, particularly in the process and the role of judges during dispute resolution hearings.
KEWENANGAN GUBERNUR DKI JAKARTA TENTANG PERUBAHAN NAMA JALAN WILAYAH DKI JAKARTA DITINJAU BERDASARKAN UNDANG-UNDANG NOMOR 30 TAHUN 2014 TETANG ADMINISTRASI PEMERINTAH : The authority of the Governor of DKI Jakarta regarding the change of street names in the DKI Jakarta area, as reviewed based on Law Number 30 of 2014 regarding Administration Vendra, Clarissa Alya Alifia; 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.v1i1.19595

Abstract

The authority of the Governor of DKI Jakarta regarding Determination of Street Names in 2022, is the basis for changing 22 street names in the DKI Jakarta area. This then gave rise to pros and cons in the community, including members of the DPRD DKI Jakarta legislature. The purpose of this study is to describe the preparation and legal consequences of DKI Jakarta Governor's Decree Number 565/2022 concerning changes to street names in the DKI Jakarta area. This study uses a juridical method, is descriptive in nature, and uses secondary data by using qualitative data analysis and drawing conclusions deductively. Based on the results of the analysis, the results obtained are that if it is connected with the Governor of DKI Jakarta Regulation Regarding the Procedure for Preparing Regional Legal Products, then the Decree of the Governor of DKI Jakarta Number 565/2022 is in accordance with the procedure for preparing regional legal products. With the emergence of DKI Jakarta Governor Decree Number 565/2022, it has legal consequences for several parties affected by this decision. When compiling programs or discourses related to changing the names of several roads in the DKI Jakarta area, they are still based on several legal bases that are related not only to looking at one or two legal regulations but also looking at other legal bases in a more objective and widespread manner.
PUTUSAN BEBAS YANG TIDAK MEMPERTIMBANGKAN ALAT BUKTI DALAM PERSIDANGAN PERKARA TINDAK PIDANA: Acquittal Decision Not Considering Evidence in Trial of Fraud Crime Cases Azahra, Aura; 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.v1i1.19597

Abstract

Acquittal Deicision is a deicision that proveis that the guilt charged to defeindant has not been provein legally and convincingly guilty. Thei probleim in this study is thei consideration of evideince in the acquittal dictum and eivideintiary poweir eiach evideince in a crimei fileid by the public prosecutor. Based on the probleim it was found that there was a discrepancy in the consideiration of evideincei in the acquittal dictum where in fact the evideince submitteid and examineid in thei trial had met the two minimum principleis of eivideincei and fulfilleid thei two eleimeints of the articlei one hundreid eiighty fivei seiction six of thei Criminal Procedure Code and thei streingth of the evideince submitted and examined is containeid in Article one hundreid eighty four section one of the Criminal Procedure Code. The reseiarch method used is normative juridical by conducting qualitative data analysis.
KEABSAHAN KUITANSI SEBAGAI BUKTI JUAL BELI TANAH MENURUT HUKUM TANAH NASIONAL : Validity of Receipt As Proof of Land Sale According To the National Land Law Maliha, Elvia Qonitah; 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.v1i1.19600

Abstract

According to the National Land Law, the act of buying and selling land must meet the characteristics of clear, cash-based, and genuine transactions. The issue addressed in this research is the validity of land transactions conducted with receipt evidence, as per the National Land Law and the District Court Decision Number 191/Pdt.G/2021/PN Smg, and how to register the transfer of rights when the seller's whereabouts are unknown, also related to the aforementioned court decision. This study adopts a normative research approach with descriptive analysis. Secondary data obtained from literature studies are utilized, complemented by primary data to support the arguments. The research employs a qualitative analysis method, and conclusions are drawn using the deductive approach. It should be noted that a land transaction conducted solely with a receipt as evidence, without a Sale and Purchase Deed executed before a Land Deed Making Official, cannot be deemed valid according to the National Land Law, as it fails to fulfill the clear transaction nature and the formal requirements of buying and selling.
PENGANGKATAN PENYANDANG DISABILITAS SEBAGAI APARATUR SIPIL NEGARA BERDASARKAN PERATURAN PERUNDANG-UNDANGAN: Appointment of Persons With Disabilities as State Civil Apparatus Based On Laws and Regulations Cakti, Adrian Cahdani; 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.v1i1.19601

Abstract

Along the way, the Recruitment of State Civil Apparatus for Persons with Disabilities is still not in accordance with existing regulations. Therefore, it is necessary to optimize the recruitment process for people with disabilities to be in accordance with the regulations governing it. The issue raised is whether the recruitment selection for Persons with Disabilities as State Civil Apparatus in 2019 is in accordance with the Laws and Regulations in the field of civil servants? And is the availability of positions or jobs for Persons with Disabilities as State Civil Apparatus in 2019 in accordance with the Laws and Regulations in the field of civil servants? The type of research is Normative with the nature of descriptive research analysis and uses secondary data. Then writing is analyzed qualitatively by drawing deductive logic conclusions. Thus, the result of the first analysis is that the series of recruitment processes for the State Civil Apparatus for Persons with Disabilities is still not in accordance with Article 53 paragraph (1) of Law Number 8 of 2016 and Permen-PANRB Number 23 of 2019 that the minimum allocation for persons with disabilities is 2% of the total allocation in each government agency, both central and regional. The second analysis is that regulations regarding the availability of formations and positions that can be filled and cannot be filled for civil servants with disabilities become an obstacle to the presence of persons with disabilities in Government Agencies due to inconsistencies between written regulations and their implementation.
PERTIMBANGAN UU ITE DALAM TINDAK PIDANA PENYEBARAN GAMBAR PORNOGRAFI (PUTUSAN NOMOR 563/PID.SUS-/2020/PN.BGL): Consideration Of The EIT Law in The Crimina Act of Distributing Pornographic Images (Decision Number 563 / Pid. Sus-/2020/Pn. Bgl) Audina, Encik Inne Alifia; 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 | DOI: 10.25105/amicus.v1i1.19603

Abstract

The perpetrator Julianda deliberately and knowingly posted nude images of the victim Murni Januasari to socia media accounts in the form of Facebook and Instagram belonging to the victim which he did without prior permission and had deviated from the rules in Article 27 paragraph (1) jo Article 45 paragraph (1) of the EIT Law. The Subject Matter raised by the Author is 1.) How did the judge consider in the case of decision No. 563/PID. Sus/2020/PN.Bgl reviewed from Article 27 Paragraph (1) of the EIT Law Jo Article 45 Paragraph (1) EIT Law on the dissemination of immora content on socia media? 2.) Is the conviction of the perpetrator who has been decided by the judge in decision 563/Pid. Sus/2020/PN.Bgl in accordance with the purpose of punishment? This research uses a normative type that is descriptive anaytica, data collection using secondary data obtained through literature studies and data processed quaitatively using deductive logic conclusions. As for the conclusions of this study 1.) The defendant has fulfilled the elements contained in Article 27 paragraph (1) of the EIT Law Jo Article 45 paragraph (1) of the EIT Law. The first element is the element of everyone, the second element is the existence of elements intentionaly and without rights, the third element is the element of distributing and / or transmitting and / or making accessible electronic information and / or electronic documents that have content that violates decency. 2.) The crimina conviction of the accused is in accordance with the magnitude of the mistake committed by the defendant.

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