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All Journal Badamai Law Journal Jurnal Pengabdian Al-Ikhlas Al-Adl : Jurnal Hukum Jurnal Hukum Lex Generalis EEICT (Electric, Electronic, Instrumentation, Control, Telecommunication) Nanggroe: Journal Of Scholarly Service Nanggroe: Journal of Scholarly Service Sultan Adam : Jurnal Hukum dan Sosial INJURLENS Open Access DRIVERset Cangkal : Jurnal Ilmu Sosial dan Humaniora
Hanafi
Universitas Islam Kalimantan Muhammad Arsyad Al Banjari Banjarmasin
Religion Agriculture, Biological Sciences & Forestry Humanities Chemical Engineering, Chemistry & Bioengineering Civil Engineering, Building, Construction & Architecture Computer Science & IT Control & Systems Engineering Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Electrical & Electronics Engineering Energy Engineering Environmental Science Health Professions Industrial & Manufacturing Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Materials Science & Nanotechnology Medicine & Pharmacology Neuroscience Nursing Public Health Social Sciences Other

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Journal : injurlens

 1 
Legal Protection Instruments and Fulfilment of Children's Rights as Victims of Domestic Violence Within National Regulations in Indonesia Hanafi Hanafi
International Journal of Law, Environment, and Natural Resources Vol. 4 No. 2 (2024): October Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v4i2.109

Abstract

Violence against children is a significant social issue in Indonesia, with its incidence continually rising, signaling a concerning trend. The impacts of such violence are not limited to physical harm but also affect children’s psychological and social well-being, influencing their future development. To address this, it is crucial to strengthen efforts in protecting and fulfilling the rights of children who are victims of violence, particularly through legal frameworks. This research employs a normative legal method, focusing on library studies that analyze legal theories and applicable laws and regulations. The approach is based on a statutory method, complemented by a conceptual approach. The study’s findings indicate that the protection of children who are victims of domestic violence is governed by various national legal provisions. These provisions are primarily found in the 1945 Constitution of the Republic of Indonesia, with specific regulations in Law Number 23 of 2002 on Child Protection, later amended by Law Number 35 of 2014, and Law Number 17 of 2016, which enacts the Government Regulation in Lieu of Law Number 1 of 2016, amending Law Number 23 of 2002. This is further supported by Government Regulation Number 78 of 2021, which addresses Special Protection for Children. These legal instruments highlight the state's commitment to upholding human rights and ensuring the protection of children’s rights. However, to optimize their implementation, it is essential to strengthen related institutions and involve multiple stakeholders, including community support.
The Dialectics of Freedom of Expression and Legal Restrictions on Digital Platforms: An Analysis of Human Rights Principles, the Electronic Information and Transactions Law, and Constitutional Court Decision Number 105/PUU-XXII/2024 Hanafi Hanafi
International Journal of Law, Environment, and Natural Resources Vol. 5 No. 1 (2025): April Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v5i1.132

Abstract

The right to freedom of expression is a fundamental aspect of human rights, guaranteed by both the Indonesian Constitution and international human rights instruments. However, this freedom is not absolute and may be subject to restrictions through regulatory frameworks such as the Electronic Information and Transactions (ITE) Law. In practice, the application of the ITE Law has sparked controversy due to the vague and overly broad language of several provisions, leading to multiple interpretations and granting excessive discretionary power to law enforcement authorities and certain parties in controlling the dissemination of electronic information. This situation has resulted in numerous cases of criminalization, raising serious concerns about the shrinking democratic space in Indonesia. This study aims to examine the legal implications of Constitutional Court Decision Number 105/PUU-XXII/2024 in relation to freedom of expression and its limitation under the ITE Law. Employing a doctrinal legal research method with a conceptual and statutory approach, the study analyzes primary legal materials and human rights theories as its analytical framework. The findings indicate that the Court’s decision constitutes a critical corrective measure by limiting the subject of defamation offenses under the ITE Law solely to individuals. This interpretation strengthens the principle of lex certa (legal certainty), curtails arbitrary interpretation in law enforcement, and reinforces the protection of freedom of expression in the digital space. Moreover, it reflects a balanced approach between safeguarding individual rights and upholding the public interest in a democratic society.
The Protection of Ecological Rights of Peatland Communities in Indonesia’s National Legal Policy: A Legal and Human Rights Perspective Analysis Hanafi Hanafi; Adwin Tista; Muhammad Ghazali Rahman; Noor Azizah
International Journal of Law, Environment, and Natural Resources Vol. 5 No. 2 (2025): October Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v5i2.139

Abstract

The peatland ecosystem in Indonesia, covering an area of 33.4 million hectares, plays a strategic role as a carbon sink, a water regulator, a habitat for biodiversity, and a foundation of community livelihood in economic, social, and cultural dimensions. However, its sustainability is increasingly threatened by land conversion, natural resource exploitation, and infrastructure development that neglects ecological principles. Weak governance, development policies prioritizing investment, and limited community participation have resulted in environmental degradation, agrarian conflicts, and the erosion of local communities’ ecological rights. Constitutionally, the right to a good and healthy environment is guaranteed under Article 28H paragraph (1) and Article 33 paragraph (3) of the 1945 Constitution, as well as Law No. 32 of 2009 on Environmental Protection and Management. This recognition is further reinforced by international instruments such as the 1972 Stockholm Declaration, the 1992 Rio Declaration, the 2015 Paris Agreement, and the Sustainable Development Goals (SDGs), which affirm environmental rights as part of third-generation human rights. Nevertheless, the implementation of ecological rights protection continues to face challenges, including weak law enforcement, limited access to justice, and the dominance of economic paradigms. This study examines the protection of ecological rights of peatland communities within Indonesia’s national legal policy through a human rights perspective, while also analyzing its harmonization with international law. The study is expected to contribute to strengthening regulation, advancing conservation strategies, and formulating policies grounded in ecological justice and human rights.
Integration of the rights to health and food as human rights in the national policy of indonesia’s free nutritious meal program Noor Azizah; Hanafi Hanafi; Sri Herlina
International Journal of Law, Environment, and Natural Resources Vol. 6 No. 1 (2026): April Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v6i1.155

Abstract

Health development in Indonesia continues to face major challenges, particularly in fulfilling community nutrition needs, as reflected in the high prevalence of stunting, wasting, and malnutrition. From a human rights perspective, the rights to health and food are interrelated and require integrated policy implementation. Through the Free Nutritious Meal Program (MBG), the government seeks to fulfill nutritional needs while carrying out its responsibility to guarantee the rights to health and food. This study aims to analyze the regulation of the rights to health and food within the Indonesian legal system and examine the integration of both rights into the Free Nutritious Meal Program as a human rights–based policy using normative legal research methods with statutory, conceptual, and human rights approaches. The findings show that the rights to health and food already have a strong normative basis in the 1945 Constitution and related legislation; however, existing regulations remain sectoral and lack an integrated framework. The study also identifies potential conflicts between fulfilling the rights to health and food and the right to education, particularly regarding state budget allocation, as the Free Nutritious Meal Program may create budgetary pressure on the education sector, thereby requiring regulatory harmonization to ensure balanced fulfillment of all human rights.
Co-Authors Adwin Tista Afif Khalid Akhmad Munawar Diya Putriana Fathan Ansori Hidayatullah Irfan Irfan Istiana Heriani Karesya Rezkia Pasha Mahrida Mahrida Muhammad Muhammad Aini Muhammad Erfa Redhani Muhammad Ghazali Rahman Muhammad Syahrial Fitri Ni Made Purnawati Ningrum Ambarsari Noor Azizah Noor Azizah Rani Widya Fitri Reza Aditya Pamuji Rojali Rahman Sri Herlina Yulianis Safrinadiya Rahman