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Integration of Governance, Risk, and Compliance as Parameters for Determining Business Judgment Rules in Legal Protection Efforts for Directors Tina Amelia; Mohamad Ismed
Law Development Journal Vol 8, No 1 (2026): March 2026
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.8.1.293-308

The purpose of this research is to examine the GRC integration as a normative and empirical parameter for the utilization of the doctrine of the Business Judgment Rule (BJR). The integration of GRC acts as a legal safeguard for the Board of Directors in state-owned enterprises (SOEs). This research will utilize the socio-legal approach and empirical qualitative method. Data collection will be done by conducting in-depth interviews and documentation at "Company X" which is the largest SOE in Indonesia. The findings from this study show that the GRC integration at Company X has evolved into a legal parameter which changes the abstract Business Judgment Rule (BJR) doctrine into concrete audit trail evidence. Specifically, the Governance pillar acts as a manifestation of good faith with regards to transparency. The Risk Management pillar manifests the rule of prudence through thorough risk analysis (well-informed). Compliance provides legality for the actions within their jurisdiction (intra vires). This combination of these three has proven to be effective in ensuring that there is enough legal defense put into place for directors of SOEs, thus creating enough legal certainty in the process of making decisions and minimizing criminalization risks from loss making in business.

People's Sovereignty and Constitutional Amendments: Reflections on Changes in Indonesia's Constitutional System Rusman Rusman; Faisal Santiago; Tina Amelia
Siber Nusantara of Law and Politic Review Vol. 2 No. 1 (2026): Siber Nusantara of Law and Politic Review (October 2025 - March 2026 )
Publisher : Siber Nusantara Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/snlpr.v2i1.746

This paper examines how the principle of people's sovereignty is reflected through a series of amendments to the 1945 Constitution as well as its implications for the Indonesian constitutional system. With a normative-analytical approach, this paper examines the substance of key articles before and after amendments, examines constitutional political debates, and compares with the experiences of other countries. The results of the analysis show that the amendments have strengthened the mechanisms of people's participation, through representative institutions and decentralized mechanisms, but there are still challenges in the implementation of social control and the strengthening of checks and balances. Policy recommendations are directed at expanding participatory democratic instruments and strengthening independent oversight institutions.

Construction of Legal Reform of The Transfer of Foreign Citizen Drug Crime Inmates to Their Home Countries Based on Aspects of Legal Certainty Rusman Rusman; Faisal Santiago; Tina Amelia
Siber Nusantara of Law and Politic Review Vol. 2 No. 1 (2026): Siber Nusantara of Law and Politic Review (October 2025 - March 2026 )
Publisher : Siber Nusantara Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/snlpr.v2i1.747

This article develops a legal-certainty-oriented construction for Indonesia's forthcoming law on the transfer of sentenced persons (TSP), with specific attention to foreign nationals convicted of drug offences. Using a doctrinal legal method legislative, conceptual, and comparative approaches, the paper assesses Indonesia's current baseline (Article 45 of Law No. 22/2022 on Corrections), identifies implementation gaps in the absence of a specific statute, and draws comparative lessons from the Council of Europe Convention on the Transfer of Sentenced Persons (ETS No. 112), the EU Framework Decision 2008/909/JHA, and UN guidance (UNODC, International Guidelines on Human Rights and Drug Policy). Legal certainty is translated into eleven normative pillars: clear scope and definitions; material and formal requirements with explicit time limits; human-rights safeguards (non-refoulement, prohibition of torture, equality of treatment); designation of a central authority; calculation of remaining sentence and additional penalties; limited procedural review; drug-case-specific safeguards ensuring continuity of rehabilitation; diplomatic coordination and agreements; transparency and data protection; and transitional provisions. The proposed model enhances predictability, proportionality, and inter-jurisdictional consistency while aligning with contemporary human-rights-based drug policy. Policy implications are offered for Indonesia's ongoing legislative process (2023–2025).

Reform of The National Education System For The Sake of Optimizing The Implementation of A Curriculum System with Legal Certainty and Justice Kimico Margaretha Tjhia; Faisal Santiago; Tina Amelia
Siber Nusantara of Law and Politic Review Vol. 2 No. 1 (2026): Siber Nusantara of Law and Politic Review (October 2025 - March 2026 )
Publisher : Siber Nusantara Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/snlpr.v2i1.753

This article examines the renewal of Indonesia's national education system (2021-2025) with a focus on the rule-of-law requirements for curriculum implementation: legal clarity, accessibility, foreseeability, and enforceability. Using a doctrinal, socio, legal design, we map the hierarchy of norms governing curriculum and standards Government Regulation No. 57/2021 on National Education Standards as aligned by No. 4/2022, and the curriculum framework in Ministerial Regulation No. 12/2024 as amended by No. 13/2025, and test their coherence through the principles of lex superior, lex posterior, and lex specialis. A PRISMA-guided evidence synthesis of literature and reputable policy reports complements the legal analysis, incorporating cost-effectiveness metrics (Learning-Adjusted Years of Schooling, LAYS) to assess feasibility. Findings indicate improved legal certainty at the regulatory apex, yet gaps persist at the level of implementing provisions (definitions, transitional clauses, and operational guidance on assessment and teaching resources). The Constitutional Court's Decision No. 3/PUU-XXII/2024 elevates a positive state obligation to finance compulsory basic education without fees in both public and qualifying private schools, requiring secondary legislation to define "no-fee", eligibility criteria, prohibited charges, and remedies. To reconcile legality with equity and fiscal realism, we propose a compliance architecture comprising needs-based funding formulas, output-linked service contracts for private providers, standardised structured-pedagogy and targeted-instruction packages as cost-effective supports, and a legally based on grievance redress mechanism with sanctions and restitution. The contribution is a legally anchored, evidence-informed roadmap that balances legal certainty, distributive justice, and implementability.

Human Rights in the Indonesian Constitutional System Post-Amendment of the 1945 Constitution Kimico Margaretha Tjhia; Faisal Santiago; Tina Amelia
Siber Nusantara of Law and Politic Review Vol. 2 No. 1 (2026): Siber Nusantara of Law and Politic Review (October 2025 - March 2026 )
Publisher : Siber Nusantara Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/snlpr.v2i1.754

The 1999–2002 amendments to the 1945 Constitution marked a significant transformation in Indonesia's constitutional framework, particularly with the inclusion of Chapter XA on Human Rights. This chapter contains a comprehensive catalogue of rights, civil, political, economic, social, and cultural, textually adopting norms from the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights. This study aims to analyze these constitutional changes from a rights-based constitutionalism perspective and examine the gap between constitutional norms and the practical implementation of human rights in Indonesia. Using a normative-analytical approach and comparative constitutional law, this research finds that, while Indonesia's human rights catalogue aligns with international standards, its implementation still faces serious challenges, such as a low Fundamental Rights score (0.54) according to the World Justice Project (2023), and inconsistent judicial rulings. Comparative analysis reveals that Indonesia stands between the Philippines' strict scrutiny model and South Africa's transformative constitutionalism. The study recommends strengthening constitutional review standards, enhancing the capacity of non-judicial institutions, and integrating human rights education into national policy.

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