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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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PEMIDANAAN PELAKU TINDAK PIDANA PERCOBAAN PEMBUNUHAN DENGAN RENCANA LEBIH DAHULU (PUTUSAN NOMOR. 214/Pid.B/2021/PN Pkb): Criminal of the Criminal of Attempted Murder with Previous Plan (Decision Number 214/Pid.B/2021/PN Pkb) Chandra Dwijaya Sumule; Vientje Ratna Multiwidjaja
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.v1i2.19765

Abstract

The conviction of the defendant for attempted murder with premeditation is a punishment for the actions of the suspect who was emotional because he was ridiculed by the victim and intended to kill the victim then took a knife into the suspect's boat and stabbed the victim in the neck and then it was not finished because at that time someone flashed a flashlight towards the suspect so the suspect ran away , Based on the study of the decision number 214/Pid.b/PN Pkb. The problems in this study are (1) How is the punishment for the perpetrators of attempted murder with advance planning appropriate based on Article 338 in conjunction with Article 53 of the Criminal Code? and (2) Is the sentence imposed by the judge in accordance with the purpose of sentencing? This research was conducted using a normative legal research type that is descriptive in nature, using primary legal materials, secondary by collecting data from literature studies which are analyzed qualitatively and drawing conclusions using deductive logic. The conclusions of this study are (1) The conviction of the perpetrators of attempted murder with prior planning is not appropriate based on Article 338 jo 53 of the Criminal Code and (2) The conviction by the judge is not in accordance with the purpose of sentencing. The results of this study are related to the facts of the trial and the purpose of the 3R+1D punishment and 13.4 years imprisonment, so the perpetrators should be subject to Article 340 in conjunction with 53 of the Criminal Code.
RESTORATIVE JUSTICE TERHADAP PELAKU TINDAK PIDANA PENGANIAYAAN (STUDI PUTUSAN NO. 63/PID.B/2021/PN.SKM): Restorative Justice Towards The Prepetrator Of Persecution (Study Of Decision No. 63/Pid.B/2021/Pn.Skm) Putri Rizki Utami; Vientje Ratna Multiwijaya
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.v1i2.19770

Abstract

Restorative Justice is an effort to resolve criminal acts by bringing together both parties to find a fair solution. The use of Restorative Justice by the judge against the perpetrators of the criminal act of persecution in this case is not appropriate, because peace has been made outside the court and there is no determination of the judge in advance. The subject matter raised based on Decision Number 63/Pid.B/2021/PN. Skm is whether restorative justice against perpetrators of criminal acts of persecution based on Article 351 paragraph (1) of the Criminal Code is considered appropriate or not? (Decision No. 63/Pid.B/2021/PN. Skm) and; Are criminal sanctions in the form of release from lawsuits in accordance with the purpose of prosecution? (Decision No. 63/Pid.B/2021/PN. Skm). This study used a normative research method known as descriptive analysis, which relied on secondary data collected through literature review and analyzed qualitatively to reach the following conclusions: (1) Restorative Justice shall not be applied to those responsible for the crime of persecution under Article 351 paragraph (1) of the Criminal Code. (2) Criminal sanctions in the form of release from lawsuits are not in accordance with the purpose of prosecution. The results of the study associated with the implementation of restorative justice stated that there must be an out-of-court determination first and based on the purpose of 3R + 1D prosecution, the defendant should be a subject to prosecution based on Article 351 paragraph (1) concerning persecution.
PERTANGGUNGJAWABAN PIDANA ANAK PELAKU TINDAK PIDANA PERSETUBUHAN SECARA BERSAMA-SAMA (PUTUSAN NO. 18/PID.SUS-ANAK/2021/PN SRG): Criminal Responsibilities Of Children Who Commit The Crime Of Sexual Intercourse Together (Study Of Decisions Number 18/Criminal.Specific-Children/2021/District Court.Serang) Rade Dian Margaretha; Ermania Widjajanti
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.v1i2.19771

Abstract

Criminal responsibility does not only apply to adults in general, but can also apply to children as perpetrators. Criminal responsibility for children is based on the maximum age limit of the child himself. The writing of this article examines Decision No. 18/Pid.Sus-Anak/2021/PN Srg. The formulation of the problem in the research is how the form of criminal liability of children and the form of participation in the case of joint child sexual intercourse. In the preparation of this article, the author uses normative legal research methods, with the nature of analytical descriptive research. In the preparation of this article using secondary data. The method used is qualitative method. The results of the research analysis are that the two child perpetrators can be held criminally responsible, which they are subject to Article 82 Paragraph (1) of Act Number 17, 2016, with imprisonment for 1 year and 8 months. The form of participation imposed on the two child perpetrators is participation in committing (medepleger), with the condition of physical action as evidenced by the two child perpetrators inviting the victim to go to boarding houses by force, then committing a series of acts of sexual intercourse and fornication, as well as the condition of awareness of cooperation as evidenced by the cooperation of the two child perpetrators to invite the victim to join the two child perpetrators.
KEABSAHAN AKTA HIBAH NO. 513/2018 YANG DIBUAT OLEH PPAT SRI SUSILOWATI S.H BERDASARKN KETENTUAN HUKUM TANAH NASIONAL (STUDI PUTUSAN NOMOR 1/PDT.G/2019/PN.SGI): Validity of Grant Deed No. 513/2018 Made By PPAT Sri Susilowati S.H Based on National Land Law (Study Of Judgement Number 1/Pdt.G/2019/PN.Sgi) Salsabillah Galuh A; Metty Soletri
AMICUS CURIAE Vol. 1 No. 2 (2024): Amicus Curiae
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Abstract

Cancellation of the grant deed by the court as has occurred in the case in Sigli City in case Number 1/Pdt.G/2019/PN.Sgi. where Anita Binti Admi unlawfully granted disputed land to her son Harith Hasanuddin, even though the land based on AJB No: 521/x/PPAT/1998 had been purchased by the late Teuku Zainal from Anita and then by Teuku Zainal it was granted to Cut Aida. Without Cut Aida's knowledge, the land had been registered by Anita for submission of a Certificate based on the Deed of Grant issued by PPAT Sri Susilowati SH, meaning that PPAT Sri Susilowati deliberately abused her authority by issuing a Deed of Grant with Number: 513/218 for an object that did not actually belong to the Anita Bint Admi. The main issues raised are 1.) Legitimacy of the Deed of Grant No. 513/2018 made by PPAT Sri Susilowati S.H Based on National Land Law Provisions, 2.) Appropriateness of Judges' Considerations in Decision number 1Pdt.G/2019/PN, Sgi Based on National Land Law provisions. The type of research used is normative research with the nature of descriptive research to obtain secondary data. Besides that, the writer conducted a literature study. The data were analyzed qualitatively and conclusions were drawn using deductive logic. Deed of grant No. 513/2018L made by the Land Deed Making Officer Sri Susilowati SH is invalid because the material requirements for the transfer of land rights are not fulfilled.
PENGALIHAN DEBITUR DALAM KREDIT PEMILIKAN RUMAH (KPR) MENURUT HUKUM TANAH NASIONAL: Analysis of Debtors Transfer in Housing Loans (KPR) in of National Land Law Saphira Eka Aprilia; Dyah Setyorini
AMICUS CURIAE Vol. 1 No. 2 (2024): Amicus Curiae
Publisher : Universitas Trisakti

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Abstract

Housing Loans (KPR) is a bankprovided facility that allows for the credit-based purchase of real estate and residential buildings, with the real estate and residential buildings serving as mortgage-backed collateral. Decision 81/Pdt.g/2019/PN.Ckr Analysis The question is how the National Land Law is applied to the transfer of debtors in the KPR and how the judge interpreted it decision 81/Pdt.g/2019/PN.ckr in accordance with Law Number4 of 1996 regarding Mortgage Rights onLand and Objects Related to Regulation Number24 of 1997 regarding Land Registration. Normative descriptive research data from literature. Deductive conclusion drawing and qualitative data analysi. The mortgage debtor canbe transferred two ways: first,with the knowledge the bank ascreditor, where the process is the same as applying for bank mortgage, and second, without the knowledge of creditor, through buying and selling transactions supported by proof of receipt. One the judge's considerations is that the process of buying and selling land between the old debtor and the new debtor has been proven that receipt is considered valid; however, the judge's consideration is inappropriate because the transfer of debtor without the creditor's knowledge is included in default, and the creditor can demand compensation and nulland void. Article37 paragraph of Government Regulatiion Number24 of 1997 concerniing Land Registration.
KAJIAN KOMPARASI MEDIASI PERCERAIAN PENGADILAN AGAMA INDONESIA DAN MAHKAMAH SYARIAH MALAYSIA: Comparatife Study of Divorce Mediation in Indonesian Religios Court and Malaysia Sharia Court Indra Cahya; Asep Iwan Iriawan
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.v1i2.19780

Abstract

The Religious Courts, one of whose powers is to resolve divorce issues for Muslim people. Before the divorce trial begins, the parties must mediate in court assisted by a mediator. Whereas in Malaysia the Religious Courts are called the Sharia Courts whose duties are to resolve issues related to Islamic matters, if a husband and wife have an agreement to file for divorce, the Sharia Court shall resolve the matter by conducting mediation or sulh first. Sulh is an attempt to reconcile couples in the context of marriage as an attempt to reconcile between husband and wife before the couple is legally divorced and separated. The problem is how are the similarities in divorce mediation between the Indonesian Religious Court and the Malaysian Sharia Court and how are the differences in divorce mediation between the Indonesian Religious Court and the Malaysian Sharia Court. This study uses a descriptive comparative normative research type using secondary data obtained from the literature. Secondary data was analyzed qualitatively by using deductive logic. Based on the results of a comparative study of divorce mediation at the Indonesian Religious Court and at the Malaysian Sharia Court, they have similarities and differences. The similarities are regarding the time of the mediation process and the appointment of mediators, while the differences are regarding the method of conducting the mediation, the requirements of the mediator, the mediation arrangements, the time limit for the mediation process, and the number of mediators.
EKSISTENSI HUKUM SYARIAH ISLAM DI NANGGROE ACEH DARUSSALAM DITINJAU DARI KEKUASAAN KEHAKIMAN DI INDONESIA : The Existence of Islamic Sharia Law in Nanggroe Aceh Darussalam in Terms of Judicial Power in Indonesia Della Afriza; Tri Sulistyowati
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.v1i2.19783

Abstract

The Existence of Islamic Sharia has an impact on the application of Judicial Power that apply Islamic Sharia Courts run by the Sharia Court. The Sharia Court is authorized to resolve cases at the first level and appeal level in the domains of family law, civil law and Islamic criminal law courtesy of Islamic Sharia. The matter of this assessment is how the existence of Islamic Sharia Law in Aceh viewed from the Judicial Power in Indonesia and how the consent of the Sharia Court in the special autonomy of Nanggroe Aceh Darussalam. This assessment uses secondary data obtained from literature and analyze qualitatively by using deductive logic inference. Courtesy of the analyze of this assessment, the existence of Sharia Law in Aceh courtesy of Undang-Undang Nomor 11 Tahun 2006 tentang Pemerintahan Aceh. Theses stipulations are intended for the population of Aceh who are Muslims and the authority of the Sharia Court in examining, judicating and deciding cases in cases of family law, civil law, Islamic criminal law in its implementation must not contradict national law especially the stipulations in the Civil Code, Criminal Code and Criminal Procedure Code.
SANKSI TINDAK PIDANA KEKERASAN SECARA FISIK DI LINGKUP RUMAH TANGGA YANG TIDAK MENGHALANGI PEKERJAAN (STUDI PENGADILAN NEGERI PALEMBANG NOMOR 100/PID.SUS/2021/PN PLG): Sanctions for Criminal Actions of Physical Violence in the Household Wich Do Not Blow Work (Study of Palembang State Court Number 100/Pid.Sus/2021/Pn Plg I Gusti Agung Faradilla; Ermania Widjajanti
AMICUS CURIAE Vol. 1 No. 2 (2024): Amicus Curiae
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Abstract

Physical violence is an act that causes in pain, falling sick or serious injury committed within the household between husband and wife and vice versa. A criminal sanction is a causal punishment for someone committing a crime that will receive criminal sanctions or other punishment from the authorities. Case Number 100/Pid.Sus/2021/PN. PLG contained acts of domestic violence that did not hinder work, in which the defendant physically assaulted the victim-witness who had caught the defendant checking-in with another woman which resulted in bruises on his hands and abdominal and pelvic cramps, in the imposition of articles and the sanctions imposed were inappropriate . In this case, the creation of a thesis using a research method which contains the object of research in the form of sanctions for domestic violence crimes that do not hinder work. The type used is the normative type, with analytical descriptive characteristics, with secondary data and data analysis using qualitative analysis methods. The conclusions drawn from this study are that the indictment given to the defendant is not appropriate based on Article 44 paragraph (1) of Law Number 23 of 2004. The sanction given to the defendant for 6 (six) months is not appropriate based on the purposes of 3R and 1D punishment, and the defendant should have been given an additional 3 (three) years of probation so that the defendant would feel deterrent.
PENJATUHAN HUKUMAN DISIPLIN BERDASARKAN PERATURAN PEMERINTAH TENTANG DISIPLIN PEGAWAI NEGERI SIPIL : Disciplinary Punishment Based on Government Regulations Regarding The Discipline of Civil Servants Elizabeth Liely Phinesia; Yogo Pamungkas
AMICUS CURIAE Vol. 1 No. 2 (2024): Amicus Curiae
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v1i2.19790

Abstract

The mechanism for imposing disciplinary punishment for Civil Servants is a process that must be passed before being sentenced to disciplinary punishment by an official authorized to punish including summons, examination, sentencing and delivery of decisions. The problem in this study is the process of examining and imposing disciplinary punishment on Ridwan Yasin and the legal consequences. To answer these problems, a normative juridical research type is carried out which is analytical descriptive in nature. The data used are secondary data with primary legal materials, secondary and tertiary obtained through library research. The data that has been obtained from the results of further research will be analyzed using qualitative methods and drawing conclusions by deductive way. From the results of the study it can be concluded that the imposition of disciplinary punishment on Ridwan Yasin in the Decree of the North Gorontalo Regent Number: 800/BKPP/2097/IX/2021 was declared procedurally and substantially flawed.
PERBANDINGAN PEMBERHENTIAN PRESIDEN DALAM MASA JABATAN DI INDONESIA DAN BRASIL: Comparison of Presidential Terminations in Terms Occupations in Indonesian and Brazil Farhan Tulus Pratama; Ninuk Wijiningsih
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.v1i2.19795

Abstract

The president is the head of government and head of state in Indonesia and Brazil. During the course of their administration, there are dynamics that each president in both countries experiences, and some have even been forced to resign before the end of their term. Both countries have their own mechanisms for removing a president from office, which leads to the research question: How similar and different are the processes for removing a president in Indonesia and Brazil? Additionally, were the procedures followed in accordance with the relevant laws and regulations during the president's term in both countries? This study uses a comparative normative method with a descriptive nature. Secondary data used in this study include legislation, journals and related books, as well as the Kamus Besar Bahasa Indonesia (Indonesian language dictionary) and legal dictionaries. The researcher drew several conclusions from this study: (1) The mechanisms for removing a president in Indonesia and Brazil have similarities and differences. (2) There is consistency in the removal of President Abdurrahman Wahid and Ir. Soekarno, but inconsistency in the case of Fernando.

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