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All Journal Jurnal Dinamika Hukum Journal of Central Banking Law and Institutions
Putri, Mery Christian
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Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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The Role of the Constitutional Court as a Stimulator of the Amendment of Traffic and Road Transport Act Wijayanti, Winda; Putri, Mery Christian; Sabila, Sharfina
Jurnal Dinamika Hukum Vol 21, No 1 (2021)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2021.21.1.2920

Abstract

There is a huge increase in the number of road traffic accidents by underage vehicle drivers. They should not be in the highway, therefore it becomes parent’s obligation to watch their activity. However, they often ride vehicles in a highway that may cause road accidents that takes victims. It seems to be an unjust condition for other citizens who have been obedient in using highways. Indonesia’s Constitutional Court has the judicial review authority and has examined the Act Number 22 Year 2009 concerning Traffic and Road Transport for 13 times, somehow there is only one article that is cancelled by the Court. This Act has been implemented for 11 years and never been revised. The Decision Number 15/PUU-XVIII/2020 denied the applicant’s in challenging the Act but the court is limited as the stimulator of regulation revision that becomes the authority of legislator. This article will analyze the Constitutional Court Decision as the consideration for legislator to provide justice for every road user and elaborate the Court Decision with the existing regulation regarding road traffics to bring benefits for legislation making in the future. The Constitutional Court must have become the stimulator for legislator since the authority is limited.Keywords- stimulator; the amendment of act; the role of the Constitutional Court; traffic and road transport act
DIGITAL CONSTITUTIONALISM ERA IN THE DEVELOPMENT OF BANKING LAW IN INDONESIA Putri, Mery Christian; Kurniawan, Nalom
Journal of Central Banking Law and Institutions Vol. 1 No. 3 (2022)
Publisher : Bank Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21098/jcli.v1i3.29

Abstract

Digitalisation has changed, bringing the world in an almost borderless direction, and impacting various fields. Banking law in particular has been disrupted by the rapid development of digitalisation, as well as shifting paradigms of thinking across the banking world. As a result of the digital economy era, conventional banking services have been forced to adapt to the development of the concept of digital constitutionalism. The digital economy era must provide better banking services to guarantee the protection of citizens’ constitutional rights, especially related to the use of technology in banking services. This concept of the digital economy must be able to improve the quality of banking services in terms of ease and speed of access, efficiency, effectiveness, and optimal management of risk. Thus, it is expected that the development of the era of digital constitutionalism in banking law in Indonesia can provide a more optimal guarantee of protection of future constitutional rights protection for its citizens. This study describes the transitional process of the digital constitutionalism era in the development of banking law in Indonesia as a factual condition by using normative juridical research methods and library approaches, as well as comparative approaches. The study finds that the development of the digital constitutionalism era in banking law in Indonesia has progressed rapidly. This progress has benefitted users of banking services, but it also has led to a residual deviant behaviour due to the ease of access to technology.
Co-Authors Nalom Kurniawan Sabila, Sharfina Winda Wijayanti