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Judicial Independence in Indonesia Amidst the Rise of Political Populism: A Post-Pandemic Dilemma Andry Wikra Wardhana Mamonto; Firdaus Arifin; Eko Nuriyatman
Indonesian Court and Justice Review Vol. 2 No. 1 (2025): February, 2025
Publisher : COLLEGIUM JUSTICIA INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65815/1jabp888

Abstract

Judicial independence is a foundational principle of democratic governance, yet it faces increasing threats in many parts of the world—including Indonesia—amid the resurgence of political populism. This study examines how the rise of populist narratives and post-pandemic political consolidation affect the independence of the judiciary in Indonesia. By analyzing political discourse, court decisions in politically sensitive cases, and institutional developments since the COVID-19 pandemic, the research identifies trends of politicization, erosion of checks and balances, and public distrust toward judicial institutions. The findings reveal a growing pattern where populist actors frame the judiciary as an elite obstacle to the "will of the people," thereby undermining its legitimacy. Moreover, executive influence over judicial appointments and budgetary controls further weakens institutional autonomy. The pandemic has exacerbated these dynamics, with emergency legislation and fast-tracked policies often bypassing judicial scrutiny. The novelty of this research lies in its intersectional analysis of judicial independence, populism, and pandemic-era governance. It contributes to both the Indonesian and global discourse on democratic backsliding by highlighting how structural and discursive tactics can be used to constrain judicial authority. The study calls for renewed safeguards—legal, institutional, and cultural—to protect judicial independence in the face of shifting political climates.
Minorities and the Law: Discrimination and Justice in Indonesia’s Urban Areas Shofriya Qonitatin Abidah; Ridwan Arifin; Rena Yulia; Eko Nuriyatman
Indonesian Minority Justice Review Vol. 1 No. 2 (2024): April, 2024
Publisher : COLLEGIUM JUSTICIA INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65815/gnwe6327

Abstract

This paper examines the experiences of ethnic and religious minorities in urban areas of Indonesia, focusing on the legal structures that either facilitate or hinder their access to justice. Indonesia’s urban centers, such as Jakarta and Surabaya, are home to diverse populations, yet minorities in these areas often face discrimination in housing, employment, education, and public services. The study reviews the legal frameworks governing urban rights, including the 1945 Constitution, the Law on Ethnic Equality, and municipal regulations, and evaluates their effectiveness in addressing discrimination. Drawing on case studies, interviews with minority group leaders, and surveys of urban residents, the paper highlights the systemic barriers faced by minorities in accessing justice, particularly in relation to land disputes, religious freedoms, and employment discrimination. The findings suggest that while legal protections exist, they are often inadequately enforced or are subject to local political dynamics that favor the majority population. The paper concludes by recommending reforms aimed at improving legal access and ensuring more equitable treatment for minorities in urban areas, including stronger anti-discrimination laws, better enforcement of existing regulations, and the creation of specialized legal services for minority communities.
The Role of Legal Aid Clinics in Addressing Social Welfare Issues: A Case Study in Indonesia’s Urban Areas Budi Setiawan; Eko Nuriyatman
Lentera Masyarakat Hukum Vol. 2 No. 1 (2025): January, 2025
Publisher : COLLEGIUM JUSTICIA INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65815/wbmgpb97

Abstract

Introduction: In Indonesia’s rapidly urbanizing areas, many low-income individuals and families struggle to access social services due to bureaucratic barriers, legal illiteracy, and financial constraints. Legal aid clinics play a critical role in addressing these issues by offering free or affordable legal services to vulnerable populations.Purpose: This paper examines the role of legal aid clinics in addressing social welfare issues, focusing on how they contribute to improving access to social services such as healthcare, housing, and social security.Method: The study uses a case study approach to explore several legal aid clinics in urban areas of Indonesia, conducting interviews with staff, beneficiaries, and social welfare experts. The study also examines case outcomes to assess the effectiveness of these services in improving access to social support.Findings and Results: The research finds that legal aid clinics provide essential assistance in helping low-income individuals navigate legal complexities related to social welfare. However, the study also identifies gaps in coverage, such as insufficient outreach to remote areas and a lack of capacity to handle increasing demand.Urgency: Given the growing numbers of urban poor and the rising demand for social welfare services, expanding and improving legal aid services is an urgent need to prevent further marginalization.Contribution: This paper highlights the importance of legal aid clinics as essential actors in the social welfare system, demonstrating their role in bridging gaps in legal access.Recommendation: The paper recommends enhancing funding and capacity for legal aid clinics, expanding their reach, and integrating them with government social welfare programs to maximize their impact.
Transitional Justice in Indonesia: Revisiting 1965 through a Human Rights Lens Ridwan Arifin; Eko Nuriyatman
Contemporary Issues on Indonesian Human Rights Law and Policy Vol. 1 No. 1 (2024): January, 2024
Publisher : COLLEGIUM JUSTICIA INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65815/09ycdh59

Abstract

This paper revisits the 1965-1966 anti-communist purges in Indonesia, analyzing the country's ongoing struggle with transitional justice and human rights. The purges, which led to the mass killing and displacement of thousands of Indonesians, remain a sensitive and largely unresolved issue in Indonesian history. The paper examines the long-term impacts of these atrocities on survivors, their families, and the nation as a whole. By analyzing legal responses, including recent efforts at reconciliation and historical memory projects, the research explores the challenges Indonesia faces in confronting this dark chapter of its past. Through a human rights lens, the study investigates the failure of the Indonesian government to fully acknowledge the violence, provide reparations to victims, and hold perpetrators accountable. The paper also highlights the role of civil society organizations, activists, and academics in advocating for justice and the recognition of the 1965 events as crimes against humanity. The findings underscore the need for a more robust transitional justice framework that incorporates truth-telling, accountability, and reparations.
Co-Authors Afif Syarif Afriyana Usman, Nursina Agus Irawan Amelia Amiluddin Amiluddin Andry Wikra Wardhana Mamonto Ardiyanti, Dwi Arrie Budhiartie Arrie Budhiartie Arrie Budhiartie Arrie Budhieartie Arrie Budhieartie Ashilsyah, Maulidhiyo Aprarel Budi Setiawan Chika Alda Dessy Rakhmawati Dilla Puspita Sari Dilla Puspita Sari Dita Rizqi Adelia Dwi Agus Kurniawan Dwi Arita Deli, Mutia Dwi Suryahartati Elita Rahmi Eria Blencisca, Tara Fauzi Syam Firdaus Arifin, Firdaus Firdaus, Arifin Fitria Fitria Fitria Fitria Fitria Fitria Fitria Hanif Hardianto Hanifatul Fauziah Hapsa Hapsa Haq, Muhammad Izzul Hartati Hartati Hartati Hartati Hartinie Abd Aziz Haryadi Haryadi Helmi Helmi Ismi Fadjriah Hamzah Ivan Fauzani Raharja Izzati, Tazkiya Isya Jein Lusiana Togatorop Kadir, Nor Aida binti Ab Kamid, Kamid Khalid Saleh Y Alammari Kurnia Putra, Akbar Latifah Amir Latifah Amir Lili Naili Hidayah Lili Naili Hidayah Lili Naili Hidayah Melia Rizki Ruswandi Melia Rizki Ruswandi Mujib, M Misbahul Mukhlash Abrar Mulia, Jingga Muskibah Muskibah Naili Hidayah , Lili Nisa, Firda Khoirun Nur Haida, Rendi Syaputra Nuruzzaman MS Pahlefi . Permatasari, Bunga Permatasari, Bunga Purwaningdyah Purwaningdyah Putri Ayu, Endang Qutieshat, Enas Rahardja, Ivan Fauzani Rahayu Repindowaty Harahap Rahayu Repindowaty Harahap Rahmad Hendra Ratna Dewi Ratna Dewi Rena Yulia Ridwan Arifin Ridwan Arifin Rika Lestari Rodiyah - Rosis Manita Rts. Fanny Inayah Rustian Mushawirya Saputra , Benny Saraya, Sitta Shofriya Qonitatin Abidah Siti Fatimah SITTA SARAYA Sitta Saraya Sri Wahyu Kridasakti Sukamto Satoto Sulhi M. Daud Abdul Qadir Syamsir Syamsir Syamsir Syamsir Syurpana Nofanda Taefur, Mohamad Azkal Tajudeen Sanni Trias Hernanda Usman Usman Vien Cladya Nabila Vien Cladya Nabila Wahyu Nugroho Waleed Eid M Aldhafeeri Wedhatami, Bayangsari Wendhy Yanuar Prathama Widya Cholid Wahyudin Windarto Windarto Yuhana, Ersa Yuherman Yuherman Zulham Adamy