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All Journal Sangia Nibandera Law Research Indonesian Climate Justice Review Indonesian Minority Justice Review Contemporary Issues on Indonesian Human Rights Law and Policy Indonesian Anti Corruption Studies
Varun Chhachhar
University of Lucknow
Law, Crime, Criminology & Criminal Justice

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Law Enforcers as Offenders: Applying Differential Association Theory to Police Sexual Abuse in Indonesia Isna Khalimatussa’diah Az-Zahra; Ridwan Arifin; Ngaboawaji Daniel Nte; Varun Chhachhar
Sangia Nibandera Law Research Vol. 3 No. 1 (2026): Sangia Nibandera Law Research, June 2026
Publisher : Faculty of Law, Universitas Sembilanbelas November Kolaka

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.21072036

Abstract

Sexual harassment and abuse are forms of violence rooted in structural gender inequality, shaped not merely by individual desire but by socially constructed norms influencing both perpetrators and victims. In many cases, victims are unjustly blamed, reflecting cultural attitudes that normalize or trivialize sexual misconduct. This study examines police-perpetrated sexual abuse in Indonesia, highlighting the paradox of law enforcers acting as offenders. Such cases have drawn significant public attention, raising concerns about ethical violations and deviant behavior within law enforcement institutions. This research aims to analyze the phenomenon from both legal and criminological perspectives, applying Differential Association Theory as proposed by Edwin H. Sutherland. The theory explains that deviant behavior is learned through social interaction within environments that justify or tolerate wrongdoing. This study adopts a qualitative method with a normative-empirical approach, utilizing document analysis, legal frameworks on sexual offenses, and literature on deviance within police institutions. The findings reveal that weak internal supervision, hierarchical power structures, and institutional subcultures contribute to the emergence and persistence of abusive behavior. These conditions enable the internalization of values that justify misconduct, reinforced by peer influence and organizational silence. Furthermore, legal processes in such cases do not always fully reflect principles of justice and public accountability. This study underscores the need for comprehensive institutional reform, including strengthened oversight, ethical training, and transparent accountability systems to prevent future violations and restore public trust.
Climate Justice and the Right to Water: Resource Conflicts in Climate-Affected Areas Siti Hafsyah Idris; Ngbaowaji Daniel Nte; Varun Chhachhar
Indonesian Climate Justice Review Vol. 1 No. 4 (2024): October, 2024
Publisher : COLLEGIUM JUSTICIA INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65815/94cdmt19

Abstract

This paper explores the intersection of climate justice and the right to water, focusing on resource conflicts in climate-affected areas. As climate change exacerbates water scarcity, particularly in vulnerable regions, the competition for water resources intensifies, leading to social, political, and economic tensions. The concept of climate justice demands that those most affected by climate change—especially marginalized and vulnerable communities—are not disproportionately burdened in accessing essential resources like water. This study investigates how climate change-driven water scarcity has led to conflicts in several Indonesian regions, where agricultural communities, indigenous peoples, and urban populations vie for increasingly limited water supplies. Through a combination of case studies, legal analysis, and interviews with affected communities, the research highlights the human rights violations and inequities arising from resource conflicts, including displacement, gender disparities, and unequal access to water. Findings suggest that while water governance frameworks exist, they often fail to address the root causes of climate-induced water scarcity and the socio-economic inequalities that underlie resource disputes. The paper argues that a climate justice framework must be integrated into water management policies to ensure the equitable distribution of water resources and the protection of human rights. This research contributes to the growing body of literature on climate justice by shedding light on the link between climate change, resource conflicts, and the fundamental right to water, offering policy recommendations for more inclusive and sustainable water governance in the face of a changing climate.
When Majority Becomes Veto: Judicial Review of Religious Minority Exclusion in House-of-Worship Licensing in Indonesia Fadhel Arjuna Adinda; Ridwan Arifin; Varun Chhachhar
Indonesian Minority Justice Review Vol. 3 No. 1 (2026): January, 2026
Publisher : COLLEGIUM JUSTICIA INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65815/fw5bac86

Abstract

Indonesia's constitutional framework formally guarantees freedom of religion and worship, yet religious minorities continue to encounter institutional barriers in establishing and maintaining houses of worship. This article examines how local licensing mechanisms may transform majority preferences into effective veto powers over the religious rights of minority communities. The study aims to identify the legal and institutional mechanisms through which seemingly neutral licensing requirements produce discriminatory outcomes. Employing normative juridical and socio-legal approaches, the research examines relevant constitutional provisions, regulations concerning houses of worship, selected judicial decisions, and documented conflicts involving religious minorities. The analysis focuses on the relationship between administrative discretion, local majoritarianism, and the state's positive obligation to protect minority rights. The article argues that the central problem is not merely the existence of restrictive requirements but the delegation of substantial regulatory power to institutions vulnerable to majoritarian pressure. Such arrangements may undermine equality before the law and transform procedural requirements into instruments of exclusion. The article proposes a rights-based interpretation of licensing authority, emphasizing proportionality, non-discrimination, and effective judicial oversight. It concludes that meaningful protection of religious minorities requires institutional mechanisms capable of preventing local majorities from exercising de facto veto power over constitutionally protected religious freedoms.
Freedom of Expression in the Digital Age: A Study of Social Media Censorship and Human Rights in Indonesia Windiahsari Windiahsari; Bayangsari Wedhatami; Varun Chhachhar
Contemporary Issues on Indonesian Human Rights Law and Policy Vol. 1 No. 4 (2024): October, 2024
Publisher : COLLEGIUM JUSTICIA INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65815/k6w1dn46

Abstract

This paper explores the relationship between freedom of expression and the regulation of social media platforms in Indonesia, particularly within the context of government efforts to control online content. As the digital space becomes a significant arena for public discourse, Indonesia has increasingly imposed laws regulating social media, often citing national security, public order, and the prevention of disinformation. This paper examines the impact of these regulatory practices on human rights, focusing on censorship, online surveillance, and the potential stifling of political dissent. Drawing on legal texts, case studies, and interviews with activists, legal experts, and social media users, the paper analyzes how digital censorship is implemented and its implications for the exercise of free speech. The research highlights the tension between maintaining public order and ensuring the protection of fundamental freedoms, specifically freedom of expression. The study also evaluates the role of international human rights standards, such as the International Covenant on Civil and Political Rights (ICCPR), in framing Indonesia’s approach to digital censorship. The paper concludes by proposing recommendations for balancing state interests with the protection of digital rights, emphasizing the need for transparent regulations that align with democratic principles and human rights protections.
Academic Freedom and Freedom of Expression in Indonesian Universities: Assessing the Protection of Student Activism Ridwan Arifin; Amiludin Amiludin; Varun Chhachhar
Contemporary Issues on Indonesian Human Rights Law and Policy Vol. 3 No. 2 (2026): April, 2026
Publisher : COLLEGIUM JUSTICIA INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65815/nehmhh41

Abstract

Universities serve as important spaces for intellectual debate, political discussion, and civic participation. However, student activism may generate tensions with institutional disciplinary rules, campus security policies, and governmental regulation. This article examines the protection of academic freedom and freedom of expression for university students in Indonesia. Using normative juridical and policy analysis, the study evaluates constitutional protections, higher education regulation, institutional rules, and mechanisms governing student demonstrations and political expression. The article argues that campus regulations should distinguish legitimate peaceful expression from conduct that poses genuine threats to safety or the rights of others. Vague disciplinary provisions may create a chilling effect when students cannot reasonably predict which forms of expression may result in sanctions. The study proposes a rights-based campus governance framework emphasizing legality, necessity, proportionality, transparency, and procedural fairness. Universities should provide clear rules, independent disciplinary procedures, and effective avenues for appeal. The article concludes that protecting student expression is essential to the educational mission of universities and to the development of democratic citizenship in Indonesia.
Corruption and Access to Justice for Marginalized Communities Ridwan Arifin; Auliya Rochman; Souad Ahmed Ezzerouali; Varun Chhachhar
Indonesian Anti Corruption Studies Vol. 2 No. 4 (2025): December, 2025
Publisher : COLLEGIUM JUSTICIA INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65815/169rv307

Abstract

Access to justice is a fundamental right often compromised by corruption, especially for marginalized communities in Indonesia. This paper investigates how corrupt practices within the judicial and law enforcement systems impede equitable access to justice. Drawing on case studies, interviews with affected communities, and legal analysis, the study exposes barriers such as bribery, biased adjudication, and procedural delays that disproportionately disadvantage vulnerable groups. The research underscores the intersectionality of corruption, social exclusion, and legal inequality, advocating for reforms that enhance transparency, legal aid, and community empowerment. By linking corruption to justice access, the paper enriches the scholarly debate on social justice and governance in developing democracies.
Co-Authors Amiludin, Amiludin Auliya Rochman Bayangsari Wedhatami Fadhel Arjuna Adinda Isna Khalimatussa’diah Az-Zahra Ngaboawaji Daniel Nte Ngbaowaji Daniel Nte Ridwan Arifin Ridwan Arifin Ridwan Arifin Siti Hafsyah Idris Souad Ahmed Ezzerouali Windiahsari Windiahsari