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All Journal FIAT JUSTISIA: Jurnal Ilmu Hukum Kosmik Hukum Indonesian Constitutional Studies Journal of Transformative Legal and Social Studies
Souad Ezzerouali
dhofar university
Law, Crime, Criminology & Criminal Justice Social Sciences

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Assistive Technology to Fulfill the Digital Human Rights of Persons with Disabilities in Indonesia Siti Nurhayati; Kardi Kardi; Muhammad Fawaizur Rahman; Souad Ezzerouali
Fiat Justisia: Jurnal Ilmu Hukum Vol. 19 No. 4 (2025)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v19no4.4461

Abstract

This article analyzes the challenges to achieving digital human rights equality for people with disabilities in Indonesia and evaluates the role of assistive technologies in addressing these issues. Digital human rights are recognized under international law and affirmed by the Indonesian Constitution, which obligates the state to protect and fulfill these rights. Using a normative juridical method based on secondary data and deductive analysis, the research identifies major obstacles, including limited inclusive digital platforms, discrimination, insufficient data on disability populations and needs, restricted access to information, and ongoing rights violations. The findings show that assistive technologies, such as KIAD, Hear Me, DIGI-EDVOT, TeDi, Dif-able, and I-CHAT, significantly enhance digital accessibility for individuals with physical and sensory disabilities. The research recommends that government policies be expanded to provide assistive technologies for people with mental and intellectual disabilities to reduce existing disparities and strengthen digital inclusivity.
Breaking the Constitutional Poverty Trap: Socio-Economic Rights and Inequality in Indonesia’s Constitutional Framework Riska Alkadri; Souad Ezzerouali; Ridwan Arifin
Indonesian Constitutional Studies Vol. 1 No. 1 (2025): Indonesian Constitutional Studies, April 2025
Publisher : ARTES LIBRES INSTITUTUM

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Abstract

This study examines the paradox of socio-economic rights within Indonesia’s constitutional framework, demonstrating how their formal recognition has failed to alleviate entrenched inequality, resulting in what can be termed a “constitutional poverty trap.” The primary objective is to analyze the disjunction between constitutional text and social reality, interrogating why constitutional guarantees of education, health, work, and social security have not produced substantive equality. To address this, the research employs a normative legal method, drawing on statute, conceptual, comparative, and case approaches. This methodology allows a critical assessment of the 1945 Constitution’s provisions on socio-economic rights, the Constitutional Court’s jurisprudence, and comparative insights from jurisdictions such as South Africa, India, and Latin America, where doctrines of progressive realization and judicial activism have been developed. The results indicate that while Indonesia’s Constitution embodies robust socio-economic commitments, weak enforcement mechanisms, limited judicial intervention, institutional inefficiency, and oligarchic dominance have prevented these rights from being realized in practice. Moreover, decentralization has generated uneven regional capacities, producing geographic inequality in access to education, healthcare, and social protection. The findings suggest that breaking the constitutional poverty trap requires a multidimensional strategy: strengthening constitutional jurisprudence with doctrines of enforceability, enhancing institutional capacity and accountability, reforming political finance to reduce elite capture, and aligning constitutional guarantees with the United Nations Sustainable Development Goals to ensure inclusivity and intergenerational equity. Ultimately, the study contributes to the broader discourse on constitutionalism by arguing that socio-economic rights must be reframed not as symbolic provisions but as binding obligations integral to sustainable development and democratic consolidation.
Decolonizing International Human Rights Law: Rethinking Universality from the Global South Ridwan Arifin; Per Nilsson; Teresa Ruiz; Souad Ezzerouali
Journal of Transformative Legal and Social Studies Vol. 1 No. 1 (2025): Journal of Transformative Legal and Social Studies, April 2025
Publisher : Artes Libres Institutum

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Abstract

International human rights law is often celebrated for its universal principles, yet its doctrinal foundations remain deeply shaped by Eurocentric legal traditions and postcolonial power dynamics. This paper critically examines the colonial genealogy of key human rights instruments and institutions, arguing that the prevailing model of universality often excludes indigenous, communal, and non-Western legal epistemologies. Drawing on case studies from Africa, Southeast Asia, and Latin America, the paper highlights how Global South actors have both resisted and reinterpreted international human rights law to reflect local norms of justice and dignity. The novelty of this research lies in its methodological approach, which integrates postcolonial legal theory, legal pluralism, and comparative constitutional analysis to interrogate the foundational assumptions of universality. Rather than rejecting the human rights project altogether, the paper advocates for a transformative approach that centers legal pluralism and intercultural dialogue. This contribution is timely in the context of growing international debate on the legitimacy, effectiveness, and inclusivity of the human rights system. It offers a critical intervention into global legal discourse by proposing a decolonial framework that affirms both the contextual relevance and global applicability of human rights. The paper concludes by calling for institutional reforms within the United Nations system and a shift toward multi-normative understandings of human rights grounded in historical accountability and epistemic justice.
Criminal Liability in Algorithmic Journalism: Critical Analysis of Generative AI and Automated News Content Zainal Arifin; Emi Puasa Handayani; Souad Ezzerouali
Kosmik Hukum Vol. 26 No. 3 (2026)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v26i3.28679

Abstract

This study aims to analyze the legal implications of the use of generative artificial intelligence (generative AI) in journalistic practice against three forms of press violations, namely defamation, the spread of misinformation/disinformation, and privacy violations, as well as to assess the extent of the readiness of the applicable legal framework in overcoming these problems. The development of generative AI in journalism presents new challenges in criminal law, especially regarding accountability for news content generated automatically without direct human intervention. This study uses a normative-doctrinal approach combined with a comparative analysis of the Indonesian criminal law framework and the latest international regulatory developments. The results of the study show that conventional criminal accountability principles, especially the elements of mens rea and actus reus, are not fully compatible with the characteristics of AI which is autonomous, thus causing legal gaps and regulatory uncertainty. To overcome these problems, this study offers three strategic solutions, namely: (1) modification of the corporate accountability model by expanding the definition of criminal offenders, (2) the application of limited strict liability (limited strict responsibility) for digital platforms, and (3) the establishment of a risk-based algorithmic supervision mechanism involving various stakeholders. This research makes a theoretical contribution to the development of criminal law in the digital era while offering practical recommendations for policymakers in formulating an AI accountability system that is adaptive, balanced, and supports modern journalism innovation.
Co-Authors Emi Puasa Handayani Kardi Kardi Muhammad Fawaizur Rahman Per Nilsson Ridwan Arifin Ridwan Arifin Riska Alkadri Siti Nurhayati Teresa Ruiz Zainal Arifin