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All Journal FIAT JUSTISIA: Jurnal Ilmu Hukum Kosmik Hukum Indonesian Constitutional Studies Journal of Transformative Legal and Social Studies Indonesian Minority Justice Review Contemporary Issues on Indonesian Human Rights Law and Policy Indonesia Discourse
Souad Ezzerouali
dhofar university
Law, Crime, Criminology & Criminal Justice Social Sciences

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 1 
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

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.67912/ics.v1i1.7

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

Show Abstract | Download Original | Original Source | Check in Google Scholar

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.
Justice for the Disabled: Legal Barriers to Inclusion and Rights for Indonesia’s Disabled Population Ridwan Arifin; Souad Ezzerouali; Mutmainah Nur Qoiri
Indonesian Minority Justice Review Vol. 2 No. 2 (2025): April, 2025
Publisher : COLLEGIUM JUSTICIA INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65815/vmmee860

Abstract

This paper examines the legal barriers to inclusion and the protection of rights for disabled individuals in Indonesia, with a focus on the gaps in legislation and systemic challenges that prevent full participation in society. While Indonesia ratified the 2007 Law on Disability Rights, which mandates equality in areas such as education, employment, and access to public services, disabled individuals continue to face widespread discrimination and marginalization. The paper critically analyzes how the law falls short in terms of implementation and enforcement, leading to unequal access to quality education, employment opportunities, and healthcare. By using case studies of disabled individuals in urban and rural settings, the paper explores the social and legal obstacles they encounter, such as inaccessible infrastructure, discriminatory hiring practices, and limited access to adaptive technologies. The study also critiques the inadequate enforcement of existing regulations, particularly at the local government level, and the lack of legal support for disabled people in seeking redress for their grievances. The findings highlight the urgent need for a more comprehensive legal framework that not only guarantees rights on paper but also ensures the practical inclusion of disabled individuals. The paper concludes by proposing targeted reforms, including better disability awareness training for government officials, stricter regulations for accessibility, and the establishment of dedicated legal support services for disabled individuals.
Women’s Land Rights in Indonesia: A Human Rights Perspective on Agrarian Reform Aprila Niravita; Souad Ezzerouali; Suhadi Suhadi; Amiludin Amiludin
Contemporary Issues on Indonesian Human Rights Law and Policy Vol. 2 No. 1 (2025): January, 2025
Publisher : COLLEGIUM JUSTICIA INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65815/32gshe70

Abstract

This paper critically examines women’s land rights in Indonesia, focusing on how agrarian reform policies intersect with gender equality and human rights. Despite significant legal advancements in gender equity, women in rural and agrarian communities face persistent challenges in securing land ownership and control. Drawing on case studies from various provinces, the study explores the impact of Indonesia’s agrarian reform programs on women’s access to land and their ability to participate in decision-making processes related to land use. It analyzes the legal framework governing land rights, particularly the 1960 Basic Agrarian Law, and assesses its effectiveness in ensuring gender-inclusive land distribution. The paper also examines how social norms, patriarchy, and cultural practices impede women’s rights to own and control land. Using a human rights perspective, it emphasizes the need for reforms that address these structural barriers and promote gender justice in land governance. The research advocates for the integration of a gender-sensitive approach into Indonesia’s agrarian policies, highlighting the importance of land rights as a fundamental aspect of women’s economic empowerment and social justice. The paper concludes by proposing policy recommendations aimed at securing women’s land rights and ensuring their full participation in the nation’s agrarian reform agenda.
Iron Shadows Behind the Smile of Power: Torture Under the New Order Indonesia Said Amrullah; Souad Ezzerouali; Miftahuddin Ahmad
Indonesia Discourse Vol. 1 No. 1 (2024): January-June, 2024
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/indi.v1i1.22651

Abstract

This study critically examines the pervasive and systematic use of torture during Indonesia's New Order regime (1966-1998). This research underscores the urgent need to address the historical and ongoing implications of state-sponsored violence in Indonesia. Despite Indonesia’s transition to a democratic system, the legacies of repression and torture continue to shape the country’s political and social landscape. The study analyzes the mechanisms of torture under the New Order, focusing on the state's efforts to silence dissent, control political opposition, and maintain power through fear. Through an examination of archival materials, testimonies from victims, and interviews with human rights activists, this research illuminates the institutionalized practices of torture employed by the Indonesian military and police, often justified under the guise of national security and anti-communism. The work also highlights the impact of these practices on both individual lives and the broader society, contributing to a climate of fear that has persisted even after the regime’s downfall. This research makes a significant contribution by offering a comprehensive analysis of torture's role in reinforcing the power structures of the New Order, revealing the psychological and social costs of authoritarian rule. Furthermore, it emphasizes the urgent need for transitional justice and accountability mechanisms to address the crimes of the past. By providing a historical framework, the study advocates for a broader understanding of Indonesia’s political transformation, shedding light on the continuing struggle for justice and human rights in the post-New Order era.
Co-Authors Amiludin, Amiludin Aprila Niravita Emi Puasa Handayani Kardi Kardi Miftahuddin Ahmad Muhammad Fawaizur Rahman Mutmainah Nur Qoiri Per Nilsson Ridwan Arifin Ridwan Arifin Riska Alkadri Said Amrullah Siti Nurhayati Suhadi Suhadi Teresa Ruiz Zainal Arifin