Article Per Year (5 Year)
p-Index From 2021 - 2026
0.408
P-Index
This Author published in this journals
All Journal Siber Nusantara of Law and Politic Review (SNLPR)
Kimico Margaretha Tjhia
Universitas Borobudur, Jakarta, Indonesia

Published : 2 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search

 1 
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

Abstract

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

Abstract

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.
Co-Authors Faisal Santiago Tina Amelia