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All Journal Siber International Journal of Advanced Law
R. Lina Sinaulan
Universitas Bhayangkara Jakarta Raya, Jakarta, Indonesia
Humanities Law, Crime, Criminology & Criminal Justice

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The Politics of Law Regarding The Strengthening of The Checks and Balances System in The Indonesian Constitutional Order Post-Reform: Muhammad Firdiansyah; R. Lina Sinaulan; Rahmat Saputra
Siber International Journal of Advanced Law (SIJAL) Vol. 4 No. 1 (2026): Siber International Journal of Advanced Law (July - September 2026)
Publisher : Siber Nusantara Review & Yayasan Sinergi Inovasi Bersama (SIBER)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/sijal.v4i1.409

Abstract

 This study aims to examine the legal policy regarding the regulation of the checks and balances system in Indonesia's post-reform constitutional framework and to determine the direction of legal policy for strengthening this system to realize the principles of the rule of law and constitutional democracy. A normative-juridical legal research method was employed. The findings indicate that the post-reform legal policy concerning the checks and balances system was directed at limiting state power through the division of authority among institutions, grounded in the principle of constitutional supremacy. Although these mechanisms were strengthened through amendments to the 1945 Constitution, their implementation continues to face various challenges. Therefore, strengthening institutional independence, accountability, and inter-institutional oversight is essential to optimally realize the principles of the rule of law and constitutional democracy. The direction of legal policy for strengthening the checks and balances system aims to establish a balance of power among state institutions, reinforce constitutional supremacy, and prevent the abuse of authority. By strengthening oversight mechanisms, accountability, and the independence of state institutions, the constitutional system is expected to effectively realize the principles of the rule of law and constitutional democracy.
The Status and Authority of the Indonesian Constitutional Court in Upholding Constitutional Supremacy Brurry Hariyanto; R. Lina Sinaulan; Rahmat Saputra
Siber International Journal of Advanced Law (SIJAL) Vol. 4 No. 1 (2026): Siber International Journal of Advanced Law (July - September 2026)
Publisher : Siber Nusantara Review & Yayasan Sinergi Inovasi Bersama (SIBER)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/sijal.v4i1.410

Abstract

This article examines the status and authority of Indonesia’s Constitutional Court in safeguarding constitutional supremacy after the constitutional reforms of 1999–2002. It addresses two questions: how the Court is positioned within Indonesia’s post-reform constitutional architecture and how its enumerated powers operate as instruments of constitutional control. Using normative legal research, the study applies statutory, conceptual, and case-based approaches to the 1945 Constitution, legislation governing the Court, selected judgments, and comparative constitutional scholarship. The analysis finds that the Court is an autonomous constitutional organ exercising judicial power on an equal institutional plane with other principal state organs. Its authority to review statutes, resolve inter-institutional competence disputes, decide party dissolution and electoral-result disputes, and participate in presidential impeachment translates constitutional supremacy into enforceable law. Nevertheless, formal authority alone does not guarantee effective constitutionalism. The Court’s legitimacy also depends on judicial independence, ethical integrity, reasoned consistency, procedural openness, and compliance with judgments by political institutions. Conditional decisions and remedial interpretations can protect constitutional rights and prevent normative vacuums, but they require disciplined justification to avoid displacing democratic lawmaking. Strengthening constitutional supremacy therefore requires a balanced framework that protects decisional independence while reinforcing accountability, judgment implementation, institutional dialogue, and a durable constitutional culture.
A Model for Indonesia–Thailand Cross-Border Law Enforcement Cooperation Danny Haposan ABS; R. Lina Sinaulan; Edi Saputra Hasibuan
Siber International Journal of Advanced Law (SIJAL) Vol. 4 No. 1 (2026): Siber International Journal of Advanced Law (July - September 2026)
Publisher : Siber Nusantara Review & Yayasan Sinergi Inovasi Bersama (SIBER)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/sijal.v4i1.412

Abstract

Cross-border crime involving Indonesia and Thailand increasingly combines physical mobility, digital communications, financial transactions, and dispersed assets. Existing cooperation has produced arrests, extraditions, information exchanges, and victim repatriations, yet its request-based structure remains fragmented. This article examines whether the current legal architecture can support timely, rights-compliant investigations and proposes an integrated bilateral model. Using doctrinal, comparative, treaty-based, and policy approaches, it analyses legislation, treaties, official reports, institutional practices, and selected European mechanisms. The study finds that the 1976 extradition treaty, ASEAN Mutual Legal Assistance Treaty, UNTOC, UNCAC, ACTIP, sectoral agreements, and the 2023 police memorandum provide substantial authority but do not create common case management, binding service standards, coordinated prosecution, a shared digital-evidence protocol, or continuous asset recovery. The article proposes the Indonesia–Thailand Joint Investigation and Asset Recovery Mechanism (IT-JIARM), established through a bilateral treaty and domestic implementing legislation. It combines a permanent secretariat, case-specific joint investigation teams, prosecutors, financial analysts, a 24/7 urgent channel, victim referral, digital-evidence rules, and an end-to-end asset pathway. Its novelty lies in adapting selected European practices without importing supranational mutual recognition. Effectiveness should be measured through timeliness, evidentiary usability, victim protection, surrender outcomes, recovered assets, judicial safeguards, independent oversight, and transparent public accountability.
Reconstructing Digital Sovereignty through State Resilience Legal Policy: Citizen Protection after the Cyberattack on Indonesia’s Temporary National Data Center Dian Priheryanti Havid; Laksanto Utomo; R. Lina Sinaulan
Siber International Journal of Advanced Law (SIJAL) Vol. 4 No. 2 (2026): Siber International Journal of Advanced Law (October - December 2026)
Publisher : Siber Nusantara Review & Yayasan Sinergi Inovasi Bersama (SIBER)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/sijal.v4i2.432

Abstract

The development of information technology and Artificial Intelligence (AI) has shifted the paradigm of state resilience away from protection oriented toward territorial areas and toward the protection of a borderless digital space. This shift presents new challenges for the state in protecting its citizens, as reflected in the cyberattack on Indonesia's Temporary National Data Center (PDNS) in 2024. Although Indonesia already has various regulations concerning information technology, cybersecurity, and personal data protection, national legal policy has not yet been fully able to build an integrated framework to respond to digital threats in the AI era. This research aims to analyze the legal policy of state resilience in protecting citizens through a case study of the cyberattack on PDNS, and to reconstruct legal policy based on Digital Sovereignty as a paradigm for strengthening state resilience. This research uses the normative legal research method with statutory, conceptual, and case approaches. The results show that the national legal framework remains sectoral in nature and has not been able to comprehensively integrate cybersecurity governance, data protection, and the use of AI. Therefore, this research offers a reconstruction of legal policy based on Digital Sovereignty, which places control over data, digital infrastructure, cybersecurity, and AI governance as a new foundation for strengthening state resilience while guaranteeing the protection of citizens' constitutional rights in the era of digital transformation. The proposed model integrates data sovereignty, infrastructure resilience, AI accountability, supply chain security, and digital human capacity through preventive, adaptive, rights based governance mechanisms for public institutions.
Co-Authors Brurry Hariyanto Danny Haposan ABS Dian Priheryanti Havid Edi Saputra Hasibuan Laksanto Utomo Muhammad Firdiansyah Rahmat Saputra