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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
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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 Nikita Syaharani; 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.v1i1.19554

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 Astri Ratna Permatasari; Effendy Saragih
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.v1i1.19555

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) Rehuel Natalia El; 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.v1i1.19556

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) Vanya Shafa Nabilla Andreas; Effendy Saragih
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.v1i1.19557

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 Putu Angel Putri Danasari; 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.v1i1.19558

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 Mutiara Rachmania; Ninuk Wijiningsih
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.v1i1.19579

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.
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) Monica Dwi Anny Puspitasari; Vientje Ratna Multiwijaya
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.v1i1.19587

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 Pandya Dimas Prasetyo; Vientje Ratna Multiwijaya
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.v1i1.19589

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) Devica Alivia Marzani; Ferry Edward
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.v1i1.19591

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 Anastasya y; Rr.Aline Gratika Nugrahani
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.v1i1.19592

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

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