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All Journal The Easta Journal Law and Human Rights
Saleha, Dwi
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Law, Crime, Criminology & Criminal Justice

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Legal Analysis of Human Rights Protection within Smart City Policy Implementation in Indonesia Saleha, Dwi; Djuhrijjani, Djuhrijjani; Awaliyah, Reni; Furqon, Wahyul; Sudarmanto, Eko
The Easta Journal Law and Human Rights Vol. 4 No. 01 (2025): The Easta Journal Law and Human Rights (ESLHR)
Publisher : Eastasouth Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/eslhr.v4i01.778

Abstract

The implementation of smart city policies in Indonesia represents a major step toward integrating digital technologies into urban governance to improve public services, environmental sustainability, and citizen engagement. However, the rapid adoption of digital systems also raises concerns regarding the protection of human rights—particularly privacy, data security, freedom of expression, and non-discrimination. This study employs a normative legal analysis to examine Indonesia’s legal framework for safeguarding human rights within smart city policy implementation. Using primary and secondary legal materials, including the 1945 Constitution, Law No. 39 of 1999 on Human Rights, the Electronic Information and Transactions (ITE) Law, and the Personal Data Protection Law (Law No. 27 of 2022), the research evaluates their coherence and adequacy in regulating digital governance. The findings reveal that while Indonesia has established a fundamental legal basis for human rights protection, gaps persist in enforcement, institutional coordination, and public awareness. Smart city initiatives often prioritize technological efficiency over human rights safeguards, resulting in privacy violations, digital inequality, and limited accountability. The study concludes that integrating a human rights–based approach (HRBA)—focusing on participation, accountability, non-discrimination, and transparency—is essential for ensuring that smart city development aligns with constitutional and international human rights standards.
A Juridical Review of Constitutional Court Decision No. 18/PUU-V/2007 on the Establishment of Ad Hoc Human Rights Courts in Indonesia Saleha, Dwi; Firmanto, Fakhry; Kusumo, Indra Suryo; Kholis, Mohammad Nur
The Easta Journal Law and Human Rights Vol. 4 No. 01 (2025): The Easta Journal Law and Human Rights (ESLHR)
Publisher : Eastasouth Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/eslhr.v4i01.779

Abstract

This study provides a normative legal analysis of handling defaults in Sharia mortgage (KPR Syariah) contracts based on Fatwa DSN-MUI No. 17/DSN-MUI/IX/2000 concerning sanctions for customers who are able to pay but delay payment (ta’wil). The research aims to examine the conformity of Sharia-based mortgage default handling with Islamic legal principles and Indonesian national law. Using a normative juridical approach, this study analyzes primary legal materials including the DSN-MUI Fatwa, the Compilation of Sharia Economic Law (KHES), the Law on Sharia Banking, and Financial Services Authority (OJK) regulations. The findings indicate that default handling in Sharia mortgages should emphasize fairness, compassion, and the avoidance of riba (interest), while administrative sanctions can be applied to encourage payment discipline. The study also identifies the need for synchronization between DSN-MUI fatwas and national banking regulations to ensure both Sharia compliance and legal certainty. The results contribute to understanding the practical and doctrinal implications of Islamic financial law in Indonesia’s mortgage sector.
Co-Authors Awaliyah, Reni Djuhrijjani, Djuhrijjani Firmanto, Fakhry Furqon, Wahyul Kholis, Mohammad Nur Kusumo, Indra Suryo Sudarmanto, Eko