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All Journal Pembaharuan Hukum Pena Justisia: Media Komunikasi dan Kajian Hukum Journal Of World Science Lex Publica Jurnal Greenation Sosial dan Politik Greenation International Journal of Law and Social Sciences Siber Nusantara of Law and Politic Review (SNLPR)
Faisal Santiago
Universitas Borobudur, Jakarta, Indonesia
Computer Science & IT Economics, Econometrics & Finance Engineering Health Professions Law, Crime, Criminology & Criminal Justice Social Sciences

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Judicial Interpretation of Land Registration and Legal Protection in Indonesia Between Administrative Evidence and Substantive Justice M. Filusi Ardiansyah; Faisal Santiago
Greenation International Journal of Law and Social Sciences Vol. 3 No. 4 (2025): (GIJLSS) Greenation International Journal of Law and Social Sciences (December
Publisher : Greenation Research & Yayasan Global Resarch National

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v3i4.705

Abstract

Land registration plays a central role in Indonesia’s land administration system and is widely regarded as a primary instrument for achieving legal certainty. In judicial practice, however, land registration does not function merely as an administrative record but also as a crucial element in evidentiary assessment during land dispute resolution. Courts are frequently required to interpret the legal status of registered land certificates in relation to substantive land rights that may arise from possession, inheritance, contractual relations, or customary law, placing judicial interpretation at the intersection between administrative certainty and substantive justice. This article examines how Indonesian courts interpret land registration within the broader framework of legal protection for land rights holders. Using a normative juridical research method, the study analyzes statutory regulations governing land registration, legal doctrines concerning declarative and constitutive registration systems, and selected judicial decisions in land dispute cases. The analysis focuses on the manner in which judges balance the evidentiary value of land certificates with proof of substantive land relations. The findings demonstrate that Indonesian courts do not consistently treat land registration as absolute or conclusive proof of rights. While land certificates are generally regarded as strong administrative evidence, judicial reasoning often allows for recognition of substantively valid rights that predate or exist independently of registration. This approach reflects an implicit acknowledgment of the declarative nature of land registration, even when administrative practice tends toward formalism. The article argues that judicial interpretation plays a decisive role in preserving the protective function of land law by preventing administrative formalism from overriding substantive justice. Strengthening this interpretative approach is essential to ensure that land registration supports legal certainty without marginalizing legitimate land rights within Indonesia’s pluralistic agrarian legal framework.
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).
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.
Political Dynamics of the Policy of Moving the National Capital and Reorientation of Indonesian Governance Faisal Santiago
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.5582

Abstract

This study examines the legal, social, and political dynamics surrounding the relocation of Indonesia’s capital city to East Kalimantan, with a focus on the implications for governance, public opinion, and economic development. The study highlights the legal challenges, including issues related to the establishment of the Capital City Authority and its relationship to local government structures, as well as issues of land acquisition and the rights of affected communities. The study also explores the social impacts of the capital city relocation, addressing public opposition related to the high costs, potential social disruption, and perceived injustice, alongside support from certain groups advocating for regional development and economic equity. The study further explores the political implications, particularly the shifting power dynamics in the new capital city region, the influence of political parties, and the importance of transparency in decision-making. Overall, the study concludes that while capital city relocation offers opportunities for more equitable regional development and economic growth, it requires careful legal reform, public engagement, and efficient resource management to ensure long-term success and minimize social injustice. The study’s findings emphasize the importance of comprehensive planning and collaboration among stakeholders to address challenges and achieve sustainable development goals.
Co-Authors Achmad Taufan Soedirjo Amanda Lanisya Anggiat Ris Hardinata N Anthony Rahardjo Badra Fahrizal Bambang Bernanthos Hugo S Franata Jaka Tiwana Alfianda Kimico Margaretha Tjhia KMS Herman Kristofer Oscar M. Filusi Ardiansyah Meni Apriani Muhidin Muhidin Romadu Novelino Ruddy Ricardo Rompas Rusman Rusman Safira Widya Attidhira Suparno Suparno Tina Amelia