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All Journal Eksekusi: Jurnal Ilmu Hukum dan Administrasi Negara International Journal of Law and Society International Journal of Sociology and Law Proceeding of the International Conference on Law and Human Rights
Harlina Hamid
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Law, Crime, Criminology & Criminal Justice Social Sciences

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Peran Mahkamah Konstitusi dalam Penegakan Hukum Tatanegara di Indonesia: Studi Kasus Putusan-Putusan Penting Harlina Hamid
Eksekusi : Jurnal Ilmu Hukum dan Administrasi Negara Vol. 2 No. 4 (2024): November : Jurnal Ilmu Hukum dan Administrasi Negara
Publisher : Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/eksekusi.v2i4.1548

Abstract

This article discusses the role of the Constitutional Court (MK) in enforcing constitutional law in Indonesia, which is the highest judicial institution in supervising and enforcing the constitution. In this context, this study focuses on the analysis of several important decisions taken by the MK, which not only affect legal aspects, but also have significant social and political impacts. Through a qualitative descriptive approach, this article identifies and evaluates crucial decisions, such as decisions related to general elections, human rights, and democratic principles. This study aims to understand how these decisions contribute to shaping legal norms and addressing various challenges in Indonesian constitutional law. Furthermore, this article also explores the implications of these decisions for society, including their influence on public trust in legal institutions and political participation. Thus, this study seeks to provide a comprehensive picture of the position of the MK as the vanguard in enforcing constitutional law, as well as the challenges it faces in carrying out its functions and responsibilities. The results of this analysis are expected to provide readers with insight into the importance of the MK's role in maintaining the constitution and encouraging better legal reform in Indonesia, as well as providing recommendations for improving the performance and transparency of this institution in the future.
Constitutional Analysis of Executive Power Limitations in Presidential Systems: A Comparative Study of Indonesia and The United States Harlina Hamid; Nurasia Natsir
International Journal of Sociology and Law Vol. 2 No. 2 (2025): May : International Journal of Sociology and Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsl.v2i2.570

Abstract

This research examines the constitutional aspects of executive power limitations in presidential systems by comparing governmental practices in Indonesia and the United States. Through juridical-normative and comparative approaches, this research analyzes constitutional design, jurisprudence, and institutional practices that limit presidential power in both countries. Key findings indicate significant differences in checks and balances mechanisms, with the United States relying on a stricter doctrine of separation of powers compared to Indonesia, which implements power distribution. This research also identifies weaknesses in executive power limitations in Indonesia, particularly concerning legislative authority and the appointment of high-ranking state officials. The results of this research are expected to contribute to strengthening constitutional mechanisms in limiting executive power to prevent abuse of authority.
Reform of the Judicial Review System: Evaluation of the Constitutional Court's Authority in Maintaining Constitutional Supremacy Harlina Hamid; Nurasia Natsir
Proceeding of the International Conference on Law and Human Rights Vol. 2 No. 1 (2025): June : Proceeding of the International Conference on Law and Human Rights
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/iclehr.v2i1.58

Abstract

This study evaluates the effectiveness of the Constitutional Court’s authority in reviewing laws and regulations as a means of upholding constitutional supremacy in Indonesia. Employing both normative and empirical legal research methods, it examines the Constitutional Court’s rulings from 2019 to 2024 and assesses their broader implications for the national constitutional system. The findings reveal several structural weaknesses in the review mechanism, particularly related to the enforcement of decisions and the existence of dualism between the Constitutional Court and the Supreme Court in conducting judicial reviews. These shortcomings have created inconsistencies and reduced the optimal impact of the Constitutional Court’s role. To address these issues, the research recommends comprehensive reforms, including the unification of judicial review authority, enhancement of the Constitutional Court’s executorial powers, and expansion of public access to constitutional review procedures. Such measures are expected to strengthen the Court’s role as the guardian of the constitution, improve legal certainty, and support the creation of a more coherent and harmonious legal system in Indonesia.
Criminal Policy in Combating Digital Banking Crime: Challenges and Prevention Strategies Harlina Hamid; Muhammad Fadli Faisal Rasyid
International Journal of Law and Society Vol. 2 No. 4 (2025): International Journal of Law and Society
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijls.v2i4.781

Abstract

Digital transformation in the banking sector has introduced numerous conveniences in financial transactions, yet simultaneously opened opportunities for increasingly sophisticated and damaging new forms of crime. This article comprehensively analyzes criminal policy in combating digital banking crime in Indonesia, exploring the legal, technological, and institutional challenges faced, and formulating effective prevention strategies. Through systematic literature review and critical policy analysis, this research demonstrates that digital banking crime in Indonesia has experienced significant increases both in quantity and complexity of modus operandi, encompassing phishing, skimming, hacking, social engineering, banking trojan malware, and various technology-based fraud schemes. Financial losses amount to trillions of rupiah annually, excluding the psychological impact on victims and erosion of public trust in digital banking systems. Research findings identify fundamental challenges in combating digital banking crime, including limitations in legal frameworks that have not fully accommodated technological developments, gaps in law enforcement capacity for cyber investigation, complexity of evidence in digital cases, complicated cross-border jurisdiction, rapid evolution of crime modi outpacing regulatory adaptation, and low digital security literacy among banking service users. Policy analysis shows that penal approaches through criminalization and law enforcement, while important, are insufficient without comprehensive non-penal strategies.
Co-Authors Eva Meizara Puspita Dewi Ismalandari Ismail3 Masita Yulandri Salim Muhammad Fadli Faisal Rasyid Sarmila