Pena Justisia: Media Komunikasi dan Kajian Hukum
Vol. 25 No. 1 (2026): Pena Justisia

People's Sovereignty in The Electronic-Based Government System (SPBE) and One Data Indonesia: A Critical Constitutional Study of Algorithmic Government

Mokh. Thoif (Sunan Bonang University,Tuban, Indonesia)
Tutik Asmorowati (Sunan Bonang University,Tuban, Indonesia)
Muhammad Zaki Tamami (İslam Ilimleri, Selçuk Üniversitesi, Turkiye)



Article Info

Publish Date
28 Jun 2026

Abstract

In the context of Indonesia’s digital transformation, state governance is increasingly mediated by algorithmic systems embedded in the Sistem Pemerintahan Berbasis Elektronik (SPBE) and Satu Data Indonesia (SDI) policies. While these systems aim to enhance administrative efficiency, transparency, and data interoperability, they raise critical concerns regarding constitutional legitimacy and the erosion of popular sovereignty (kedaulatan rakyat) as codified in Article 1(2) of the 1945 Constitution. This study investigates how algorithmic infrastructures displace constitutional actors, reconfigure legal subjectivity, and create normative gaps in democratic accountability. Employing a qualitative methodology that integrates doctrinal legal analysis and interpretive fieldwork, the research draws on key legal texts, international frameworks, and expert interviews with stakeholders from government, academia, and civil society. Thematic coding of interview transcripts revealed six dominant patterns: displacement of constitutional actors, opacity and accountability, automated legitimacy, jurisdictional blind spot, participatory deficit, and posthuman subjectivity. Findings demonstrate that SPBE and SDI are not neutral policy tools but constitutional events that reallocate evaluative authority and legal recognition to automated systems, often without oversight, redress, or public participation. This study introduces the concept of algorithmic constitutionalism, a normative model that positions digital infrastructures as actors in constitutional discourse. It calls for doctrinal innovation to ensure transparency, participatory safeguards, and judicial scrutiny in algorithmic governance. These insights contribute to both Indonesian constitutional theory and the global conversation on digital sovereignty.

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Journal Info

Abbrev

hk

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Pena Justisia aims to provide a forum for lecturers and researchers to publish the original articles about Law Science. Focus of Pena Justisia is publishing the manuscript of outcome study, and conceptual ideas which specific in the sector of Law science. We are interested in topics which relate ...