Nina Zainab
Universitas Bhayangkara Jakarta Raya, Indonesia

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Delinquency of Constitutional Court Decision Number 90/PUU-XXI/2023 on Age Limit Requirements for Presidential and Vice Presidential Candidature Juanda; Nina Zainab
Siber International Journal of Advanced Law (SIJAL) Vol. 2 No. 2 (2024): Siber International Journal of Advanced Law (October - December 2024)
Publisher : Siber Nusantara Review & Yayasan Sinergi Inovasi Bersama (SIBER)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/sijal.v2i2.124

Abstract

The Constitutional Court is an institution of judicial power which has a judicial function to uphold law and justice. Law Number 24 of 2003 explains that the duties and functions of the Constitutional Court are to handle constitutional cases regarding certain constitutional matters in order to safeguard the constitution so that it is implemented responsibly in accordance with the will of the people and democratic ideals. One of the powers of the Constitutional Court is the authority of "judicial review", namely the authority to review laws where the decisions are final and binding. This authority is very important because it is a legal corridor and a way for citizens to defend their constitution. If there is a conflicting law, they can request it to be cancelled, but on the one hand, this authority is so large that in maintaining the constitution, constitutional judges are certainly needed who have knowledge and expertise. state administration and commitment to implementing and monitoring it in accordance with the corridors of the constitution, so that every decision that is issued does not go outside the corridors so that the constitution itself is constitutionally maintained. This research was written using normative juridical methods and was based on current phenomena. The results obtained are the importance of the role of the Constitutional Court in handing down decisions because the Constitutional Court's decisions are final and have binding legal force. Judges must have high integrity, be independent and free from any influence. The public and state administrators must be able to restore the dignity of the Constitutional Court by starting with the recruitment of constitutional judges and ensuring that the functions and authority of the Constitutional Court run in accordance with the ideals of its formation.
Asset Forfeiture and The Management of Seized and Confiscated Property as an Effort Toward Asset Recovery in Indonesia and Thailand Nina Zainab; MS. Tumanggor; Amalia Syauket; Clara Ignatia Tobing
Greenation International Journal of Law and Social Sciences Vol. 3 No. 3 (2025): (GIJLSS) Greenation International Journal of Law and Social Sciences (September
Publisher : Greenation Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v3i3.536

Abstract

Asset forfeiture/confiscation constitutes a key instrument in the enforcement of economic crimes, corruption, and money laundering offenses. This research compares the legal framework, the institutional functions, the mechanisms of implementation, as well as the strengths and weaknesses of asset forfeiture practices in Indonesia and Thailand. The methodology applied is normative juridical combined with a comparative approach, primarily through the examination of statutory regulations. The findings reveal that Thailand adopts a combination of criminal and non-conviction-based (NCB) mechanisms, primarily under the Anti-Money Laundering Act, with institutions such as the Anti-Money Laundering Office (AMLO) and the National Anti-Corruption Commission (NACC) playing an active role. In contrast, Indonesia currently emphasizes conviction-based mechanisms, with asset management divided among several state agencies. Nevertheless, ongoing reform efforts are underway, including the legislative debate on the Draft Bill on Asset Forfeiture, which seeks to introduce a more comprehensive framework for asset seizure and management. The recommendations advanced include juridical harmonization, strengthening institutional capacity for asset management, enhancing inter-agency cooperation mechanisms, and promoting transparency in asset auctions and restitution.
Delinquency of Constitutional Court Decision Number 90/PUU-XXI/2023 on Age Limit Requirements for Presidential and Vice Presidential Candidature Juanda; Nina Zainab
Siber International Journal of Advanced Law (SIJAL) Vol. 2 No. 2 (2024): Siber International Journal of Advanced Law (October - December 2024)
Publisher : Siber Nusantara Review & Yayasan Sinergi Inovasi Bersama (SIBER)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/sijal.v2i2.124

Abstract

The Constitutional Court is an institution of judicial power which has a judicial function to uphold law and justice. Law Number 24 of 2003 explains that the duties and functions of the Constitutional Court are to handle constitutional cases regarding certain constitutional matters in order to safeguard the constitution so that it is implemented responsibly in accordance with the will of the people and democratic ideals. One of the powers of the Constitutional Court is the authority of "judicial review", namely the authority to review laws where the decisions are final and binding. This authority is very important because it is a legal corridor and a way for citizens to defend their constitution. If there is a conflicting law, they can request it to be cancelled, but on the one hand, this authority is so large that in maintaining the constitution, constitutional judges are certainly needed who have knowledge and expertise. state administration and commitment to implementing and monitoring it in accordance with the corridors of the constitution, so that every decision that is issued does not go outside the corridors so that the constitution itself is constitutionally maintained. This research was written using normative juridical methods and was based on current phenomena. The results obtained are the importance of the role of the Constitutional Court in handing down decisions because the Constitutional Court's decisions are final and have binding legal force. Judges must have high integrity, be independent and free from any influence. The public and state administrators must be able to restore the dignity of the Constitutional Court by starting with the recruitment of constitutional judges and ensuring that the functions and authority of the Constitutional Court run in accordance with the ideals of its formation.