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Legal Challenges in Protecting Minority Rights in a Plural Society Nur Abdurakhman, Raden
Journal of Law and Social Politics Vol. 3 No. 1 (2025): Journal of Law and Social Politics
Publisher : Politeknik Siber Cerdika Internasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/jlsp.v3i1.53

Abstract

Protecting minority rights presents significant legal challenges in plural societies due to sociopolitical, cultural, and institutional complexities. Despite international human rights frameworks advocating for inclusivity and equality, minority groups often face discrimination, marginalization, and legal barriers to accessing justice and equal opportunities. This study aims to analyze the legal obstacles hindering the protection of minority rights in plural societies and propose potential solutions within constitutional and human rights frameworks. Using a qualitative legal research method, this study employs a doctrinal approach by examining relevant legal instruments, court decisions, and academic literature. Additionally, comparative analysis assesses best practices from various jurisdictions to identify effective legal mechanisms for safeguarding minority rights. The findings indicate that key challenges include inconsistencies in national legislation, weak enforcement mechanisms, and the influence of majoritarian politics that often suppress minority rights. Furthermore, gaps in international legal frameworks and their implementation at the national level exacerbate these issues. The study highlights the importance of constitutional safeguards, judicial activism, and the role of civil society in strengthening legal protections for minorities. This research contributes to the discourse on legal pluralism and minority rights by offering policy recommendations to enhance legal frameworks to ensure non-discriminatory and equitable treatment of minority groups. It underscores the necessity of legal reforms, capacity-building for judicial and law enforcement institutions, and increased international cooperation to foster inclusive societies where minority rights are effectively protected.
Legal Challenges in Protecting Minority Rights in a Plural Society Nur Abdurakhman, Raden
Journal of Law and Social Politics Vol. 3 No. 1 (2025): Journal of Law and Social Politics
Publisher : Politeknik Siber Cerdika Internasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59261/jlsp.v3i1.53

Abstract

Background: Protecting minority rights in plural societies presents complex legal challenges arising from sociopolitical, cultural, and institutional factors. Although international human rights frameworks promote equality and inclusivity, minority groups frequently experience discrimination, marginalization, and limited access to justice due to weak legal implementation and majoritarian dominance Objective: This study aims to analyze the legal obstacles that hinder the effective protection of minority rights in plural societies and to identify legal and institutional mechanisms that can strengthen minority rights within constitutional and human rights frameworks Methods: The study employs a qualitative legal research method using a doctrinal approach. Data are obtained through the analysis of international human rights instruments, national legislation, judicial decisions, and relevant academic literature. A comparative legal analysis is also conducted to examine best practices from different jurisdictions in safeguarding minority rights Results: The findings reveal that the main challenges in protecting minority rights include inconsistencies in national legal frameworks, weak enforcement mechanisms, and the influence of majoritarian politics that often undermine minority protections. In addition, gaps between international human rights standards and their domestic implementation further exacerbate legal vulnerabilities faced by minority groups. Conclusion: The study concludes that effective protection of minority rights requires stronger constitutional safeguards, proactive judicial interpretation, and active engagement of civil society. Legal reforms, institutional capacity-building, and enhanced international cooperation are essential to ensuring non-discriminatory and equitable treatment of minorities in plural societies.