Article Per Year (5 Year)
p-Index From 2021 - 2026
0.61
P-Index
This Author published in this journals
All Journal Awang Long Law Review
Husni Thamrin
Awang Long School of Law, Samarinda, Indonesia
Law, Crime, Criminology & Criminal Justice

Published : 3 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 3 Documents
Search

 1 
LEGAL POSITION OF THE CAPITAL CITY OF THE ARCHIPELAGO IN THE INDONESIAN CONSTITUTIONAL SYSTEM Husni Thamrin; Norhayah Zulkifli; Muhammad Husni Fahrudin
Awang Long Law Review Vol. 8 No. 4 (2026): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v8i4.2367

Abstract

This study aims to analyze the legal provisions for the Indonesian Capital City, its legal status within the Indonesian constitutional system, and its legal implications for governance. This study begins with the establishment of the Indonesian Capital City through Law Number 3 of 2022 as amended by Law Number 21 of 2023, which not only relocates the nation's capital but also establishes a special regional government design through the Indonesian Capital City Authority. This study uses normative legal methods with statutory, conceptual, and constitutional approaches. The data used are primary, secondary, and tertiary legal materials analyzed qualitatively. The results show that the legal provisions for the Indonesian Capital City have a constitutional basis based on the principles of the rule of law, regional governance, central-regional relations, and the recognition of special regional government units. Formally, the Indonesian Capital City is positioned as a special regional government unit at the provincial level, but substantively exhibits an administrative-centralistic character because it is led by a Head of Authority appointed by the President, holds a ministerial position, and is not accompanied by a Regional People's Representative Council (DPRD). Therefore, the IKN can be understood as a sui generis constitutional entity. Its legal implications are evident in the narrowing of local political autonomy, the strengthening of vertical central-regional relations, the weakening of local checks and balances, the limitation of community political representation, and the potential for normative disharmony within the Indonesian constitutional system.
THE STATE OF LAW AND DEMOCRACY: THE REALITY OF STATE IN THE CONSTITUTIONAL SYSTEM IN INDONESIA Husni Thamrin; Muhammad Arganata Thamrin; Muhammad Husni Fahrudin; Leonito Ribeiro
Awang Long Law Review Vol. 8 No. 2 (2026): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v8i2.2028

Abstract

Indonesia constitutionally affirms itself as a state based on law (rechtsstaat), but in practice, tensions often arise between the supremacy of law and political interests. This article aims to analyze the dialectical relationship between the concept of the rule of law and democracy in the Indonesian constitutional system, particularly in the context of post-2024 election dynamics. Using a normative legal approach and an analysis of responsive legal typology by Philippe Nonet and Philip Selznick, this study finds that law enforcement in Indonesia still faces major challenges in the form of legal politicization, the weakening of independent institutions, and a shift towards semantic constitutionalism. This study concludes that strengthening constitutional democracy requires the integration of responsive law, strong political ethics, and constitutional adaptation to digital disruption to maintain genuine popular sovereignty.
THE FUNCTION OF LAW IN ECONOMIC DEVELOPMENT AND COMMUNITY EMPOWERMENT IN INDONESIA Husni Thamrin; Bobur Sobirov; Muhammad Arganata Thamrin; Esti Royani
Awang Long Law Review Vol. 7 No. 1 (2024): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v7i1.1479

Abstract

The purpose of this study is to analyze the function of law in the stages of economic development and to analyze community empowerment through the role of law. The research is normative-legal research, using the statute approach, conceptual approach, and case approach. Secondary Legal Materials are all publications on a law that are not official documents which include textbooks, legal dictionaries, legal journals, and research reports. The collected legal materials are then analyzed qualitatively. The results of the research show that development in the economic field cannot work alone, but requires support from various parties, especially in the field of law. Law has a very central role in the success of a country's economic development, particularly in providing business and investment certainty, both at the central and regional levels. This will provide a huge opportunity for the central government in accelerating policies related to the economy in the regions because the regions are already stable in terms of the functioning of the legal function in the field of economic development. In relation to community empowerment, the function of law is as a driving force for development. In this case, the law as a tool to bring society in a more advanced direction will work dynamically following economic developments. Improvements in all sectors, starting from education, accessibility, action, institutions, business, income, environment, and life, and improving social relations in society will have a very big impact on economic growth in Indonesia.
Co-Authors Bobur Sobirov Esti Royani Leonito Ribeiro Muhammad Arganata Thamrin Muhammad Husni Fahrudin Norhayah Zulkifli