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All Journal Diponegoro Law Review Jambe Law Journal Journal of Law and Legal Reform Jurnal Dinamika Hukum
Pradhan, David
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Law, Crime, Criminology & Criminal Justice

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Digitized Education Delivery in Indonesia: Constitutional Right or Vacuous Sophistry? Budhiartie, Arrie; Pradhan, David; Hasnda, Nuchraha Alhuda; Iswandi, Iswandi
Jambe Law Journal Vol. 8 No. 1 (2025)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/home.v8i1.401

Abstract

Education is a recognized Constitutional Right in Indonesia. In recent times, digitization of education has emerged as a transformative force, revolutionizing the way knowledge is disseminated and acquired. However, implementing universal digitization of education in Indonesia requires a multifaceted approach, centred on a legal rights regime, founded on Constitutional equality of access and mediated through technological intervention. This legal article, based on secondary sources, elaborates on the prerequisites of Constitutional Rights and Constitutionalism from a legal rights-based perspective for successful digitization, highlighting the importance of infrastructure, inclusivity, and pedagogic considerations in the digitization of Education. Acknowledging the imperative of digitization of education in Indonesia, it identifies the legal gaps in the regulation of technology-mediated education, addresses issues of legality and equity in implementing online education, and suggests legal measures for ensuring standards and acceptance of online education in Indonesia. The article posits that digital online education needs to be legally regulated to ensure standards of education and equity of access in consonance with Indonesian Constitutional principles and legal recognition of Education as an inalienable Constitutional Right.
CRITIQUING DELEGATED LEGISLATION ON PREVENTING SEXUAL HARASSMENT OF WOMEN IN INDIAN HIGHER EDUCATION INSTITUTIONS Budhiartie, Arrie; Pradhan, David; Devi, Arti
Diponegoro Law Review Vol 9, No 1 (2024): Diponegoro Law Review April 2024
Publisher : Fakultas Hukum, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/dilrev.9.1.2024.136-152

Abstract

Sexual harassment of women in the workplace is a serious issue in India, affecting all social and professional sectors, including elite higher education institutions. This problem violates women's fundamental rights to equality and livelihood, breaches professional ethics, and hampers the productivity and potential of many academics. Although the Indian Parliament enacted a comprehensive law in 2013 to address sexual harassment at workplaces, the implementation, especially in educational institutions, is flawed due to bureaucratic inefficiencies. There is a lack of unbiased analysis on how delegated regulations by administrative authorities undermine the law's intent. This research article conducts a legal analysis of the law's implementation in higher educational institutions, using doctrinal research methodology. It identifies subjective and ultra vires provisions introduced by ideologically driven bureaucrats that compromise the law's validity and effectiveness. The study highlights deviations in delegated legislation from the original law and suggests corrective measures to address significant flaws in the regulations framed by the University Grants Commission.
Urgency Supreme Court Circular Letter Number 2 of 2023 in the Judicial Process of Interfaith Marriage Registration Arifin, Zainal; Bayhaqi, Naufal Ghani; Pradhan, David
Journal of Law and Legal Reform Vol. 5 No. 1 (2024): Contemporary Global Issues on Law Reform, Legal Certainty, and Justice
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.vol5i1.2101

Abstract

The Supreme Court of the Republic of Indonesia has issued Circular Letter Number 2 of 2023, stipulating that courts are not permitted to approve requests for the registration of interfaith marriages. However, it is crucial to highlight the principle that Indonesian judges must exercise their duties independently, devoid of external interference. Judges are expected to uphold qualities of independence, impartiality, fairness, and responsibility, refraining from influencing the provision of material to litigants to prevent moral distortion. This article aims to elucidate the role of the aforementioned circular letter concerning the judge's independence within the judicial process in Indonesia. The research methodology employed involves normative legal methods, coupled with a structured analysis of legal norms and principles. The findings of the research underscore two key points. Firstly, the urgency of regulating the determination of marriages involving different religions and beliefs in the judicial process is rooted in the objective of aligning court resolutions with the philosophical underpinnings of the Indonesian nation. Secondly, it is emphasized that the Circular Letter in question does not hold binding authority for judges in the adjudication of cases, particularly those involving interfaith marriages. The autonomy of judicial power, as enshrined in the 1945 Constitution of the Republic of Indonesia and further detailed in Law Number 48 of 2009 concerning Judicial Power, affords judges the freedom to independently decide on cases brought before them. This regulatory framework underscores the imperative of preserving the unfettered discretion of judges in their adjudicative functions.
Climate Resilience Indonesia's National Strategic Program for Social Justice as a Paradox of Coloniality Hasnda, Nuchraha Alhuda; Pradhan, David; Wibowo, Satrio
Jurnal Dinamika Hukum Vol 25 No 3 (2025)
Publisher : Faculty of Law Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2025.25.3.15852

Abstract

The National Strategic Projects (PSN) are designed to mitigate and adapt the impacts of climate change and safeguard essential environmental functions, due to emissions from the energy sector, the second-largest source of greenhouse gas (GHG) emissions after land-use change and forestry. The rhetoric of sustainable development underlying a colonial rationality that reproduces extractivist regimes, the dispossession of Indigenous territories, and the subordination of local communities in favor of national elites and global markets. Law functions not as a protector of community rights but as a tool to legitimize green grabbing in the name of climate crisis mitigation. This study critically examines the climate law politics of Indonesia in framing National Strategic Projects as solutions for social justice. The research addresses how the coloniality of power operates within national climate law and explores how policy directions can be transformed toward decolonial climate justice grounded in self-determination. Methods used are an interdisciplinary socio-legal approach , global political ecology, and critical coloniality studies. The research analyzes the role of law in structuring and normalizing resource extraction under the narratives of energy transition. The main instrument is a critical legal-political analysis of climate resilience, focusing on legal frameworks, state-corporate actors, and the exclusion of local communities. The result of this research identifies practices of coloniality; power, being, and etymology, and the need for decolonial approaches to climate resilience. The recommendations are local needs-based policies that prioritize affected communities, self-determination through meaningful participation in planning and implementation, and corrective justice as a mechanism to review legal policies for adaptation, restore social rights, and ensure egalitarian knowledge.
Co-Authors Arrie Budhiartie Bayhaqi, Naufal Ghani Devi, Arti Iswandi Iswandi Nuchraha Alhuda Hasnda Satrio Wibowo Zainal Arifin