Eka NAM Sihombing
(Scopus ID: 57225000504) Fakultas Hukum Universitas Muhammadiyah Sumatera Utara

Published : 2 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search

The Problem of Criminalization of Commercial Sexual Workers and Users of Prostitution Services Rianda Dirkareshza; Eka NAM Sihombing; Rosalia Dika Agustanti
Jurnal Penelitian Hukum De Jure Vol 22 No 4 (2022): Edisi Desember
Publisher : Law Policy Strategy Agency, Ministry of Law of The Republic of Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/dejure.2022.V22.525-536

Abstract

Prostitution is a complex problem because it intersects with so many aspects, especially in women's rights. However, the complexity of the problem is not accompanied by legal certainty of regulations regarding prostitution. This paper aims to find out and understand how the problem of criminalization of prostitutes and users of prostitution services in Indonesia. This research method is normative juridical law research with a concept and legislation approach. Data used secondary data consisting of primary, secondary, and tertiary materials. The result found is a legal vacuum related to the regulation of prostitution actions so that prostitutes and users of prostitution services often escape the legal snare. The need for criminalization as a countermeasure against users of prostitution services that are key in the practice of prostitution and protecting women's rights. As well as countermeasures by providing rehabilitation for prostitutes and in them to have skills and not fall back into the vortex of prostitution practices.
Analisis Perbandingan Penerapan Konsep Checks and Balances dalam Proses Legislasi di Amerika Serikat, Rusia, dan Indonesia Rianda Dirkareshza; Eka NAM Sihombing; Muhammad Fauzan
Jurnal Penelitian Hukum De Jure Vol 25 No 1 (2025): Edisi Maret
Publisher : Law Policy Strategy Agency, Ministry of Law of The Republic of Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/dejure.2025.V25.67-80

Abstract

In the framework of Indonesia's constitutional governance, the principle of checks and balances among constitutional institutions is an essential component of the legal system. Indonesia adopts a bicameral legislative system involving the House of Representatives (Dewan Perwakilan Rakyat; DPR) and the Regional Representative Council (Dewan Perwakilan Daerah; DPD). However, DPD possesses limited legislative authority, particularly in drafting laws. Additionally, judicial oversight is conducted by the Supreme Court (Mahkamah Agung/MA). This issue gives rise to research questions pertaining to  raised in this study are about the oversight concept in the lawmaking process from the perspective of comparative constitutionalism and the reconstruction of the oversight concept to realize enhance checks and balances. This study employs a mixed -method approach, incorporating normative-juridical, comparative, and conceptual methodologies  and legislative analysis. The findings indicate that Indonesia implements a soft bicameral concept characterized by an asymmetry of authority with in between the two both chambers in the lawmaking process, with the Constitutional Court acting as the primary a judicial oversight mechanism. In contrast, the United States and Russia maintain robust internal oversight within their legislative institutions, complemented judicial authority to oversee law implementation, thereby reinforcing  checks and balances between the legislative and judicial branches. It is recommended that the oversight framework within Indonesia's legislative process be strengthened by reconstructing oversight mechanisms through the expansion of the DPD's role, particularly in reviewing, approving, or vetoing draft legislation. This expansion is advised to enhance internal legislative oversight and create a more balanced system of checks and balances between legislative bodies. Furthermore, the reconstruction of oversight concepts in the lawmaking process should be pursued by granting the DPD greater authority to accept or veto draft laws, thereby reinforcing internal oversight within the legislative process