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 : 30472604     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 64 Documents
 1   2   3   4   5 
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 Trisya Hutami; Ermania Widjajanti
AMICUS CURIAE Vol. 1 No. 1 (2024): Amicus Curiae
Publisher : 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 Adinda Febrini Shalshalillah Rianto; Wahyuni Retnowulandari
AMICUS CURIAE Vol. 1 No. 1 (2024): Amicus Curiae
Publisher : 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 Ananda Alfiyah Jasmine Siagian Siregar; Yogo Pamungkas
AMICUS CURIAE Vol. 1 No. 1 (2024): Amicus Curiae
Publisher : 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) Leony Retdalia Betri Bangun; Andi Widiatno
AMICUS CURIAE Vol. 1 No. 1 (2024): Amicus Curiae
Publisher : 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) M. Adit Bastillah Ananta; Andi Widiatno
AMICUS CURIAE Vol. 1 No. 1 (2024): Amicus Curiae
Publisher : 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) Rizky Alfiantiko; Andi Widiatno
AMICUS CURIAE Vol. 1 No. 1 (2024): Amicus Curiae
Publisher : 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
PENDAMPINGAN PENASIHAT HUKUM TERHADAP TERDAKWA HUKUMAN PIDANA PENJARA DI ATAS 5 TAHUN : Legal Counsel Assistance For Defendants With Prison Sentences Exceeding 5 Years Anggi Erika Christina; Setiyono
AMICUS CURIAE Vol. 1 No. 1 (2024): Amicus Curiae
Publisher : 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) R Andhika Prameswara Setiawan; Yenti Ganarsih
AMICUS CURIAE Vol. 1 No. 1 (2024): Amicus Curiae
Publisher : 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 Yeka Sapitri; Aprima Suar
AMICUS CURIAE Vol. 1 No. 1 (2024): Amicus Curiae
Publisher : 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 Desty Rachmawaty; Dinda Keumala
AMICUS CURIAE Vol. 1 No. 1 (2024): Amicus Curiae
Publisher : 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.

Page 1 of 7 | Total Record : 64

 1   2   3   4   5 

Filter by Year

2024 2024


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