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All Journal Siber Nusantara of Law and Politic Review (SNLPR)
Rusman Rusman
Universitas Borobudur, Jakarta, Indonesia

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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

Abstract

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

Abstract

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).
Co-Authors Faisal Santiago Tina Amelia