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Jurnal Hukum Progresif
Published by Universitas Diponegoro
ISSN : 18580254     EISSN : 26556081     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Progressive Law journal is a container and pouring the idea of progressive legal thought. published 2 (two) times a year in April and October. Editors receive, edit and publish manuscripts that meet the requirements. Editors are not responsible for the content of published manuscripts.
Arjuna Subject : Umum - Umum
Articles 154 Documents
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TOWARD AN INCLUSIVE PAPUA: HARMONIZATION OF INDIGENOUS LEGAL VALUES AND GENDER EQUILITY PRINCIPLES IN WOMEN’S EMPOWERMENT Suherman, Heru Andryana; Wulansari, Fadillah; Heryanto, Bambang; Lubis, Hera Fauziah
Jurnal Hukum Progresif Vol 14, No 1 (2026): April 2026
Publisher : Doctoral of Law Program, Faculty of Law, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/jhp.14.1.122-166

Abstract

Papua, a region rich in cultural heritage and indigenous legal systems, faces persistent challenges in achieving gender equality and empowering women. Despite their significant contributions to socio-economic life, particularly in agriculture, natural resource management, and local trade, Papuan women remain marginalized within customary decision-making structures and formal political institutions. This study explores the intersection of indigenous legal values and gender equality principles in Papua, focusing on the need for legal harmonization to promote women’s empowerment. Gender inequality in Papua is rooted in entrenched patriarchal values that place women in subordinate roles, limiting their access to education, economic resources, and decision-making opportunities. Legal pluralism, where customary law coexists with national laws, often reflects conflicting norms that hinder women’s rights and participation. The research advocates for a dialogical, participatory approach to legal reform, where customary values are interpreted in ways that support gender equality, without undermining local wisdom. Empowerment strategies, including legal education, economic development programs, and policy reforms, are essential to ensure that Papuan women can actively participate in societal transformation. The study emphasizes the importance of inclusive policy-making, gender-sensitive legal frameworks, and community involvement in achieving sustainable development and social justice. By integrating gender equality principles into Papua’s legal systems, both customary and state law, the region can move towards a more inclusive and just society. Women’s empowerment is not only crucial for gender justice but also serves as a key driver of economic growth and sustainable development. This study ultimately calls for a comprehensive approach to harmonizing indigenous legal systems with national principles of gender equality, ensuring that Papuan women are not only recognized for their contributions but also given the opportunity to shape their futures.
ENVIRONMENTAL CONSTITUTIONAL REGRESSION IN RISK-BASED INVESTMENT GOVERNANCE: RECONFIGURING ENVIRONMENTAL PROTECTION STRUCTURE IN INDONESIA Amir, Irfan; Setyawanta, Lazarus Tri; Diamantina, Amalia; Ansar, Lukman; Adelvia, Adelvia
Jurnal Hukum Progresif Vol 14, No 1 (2026): April 2026
Publisher : Doctoral of Law Program, Faculty of Law, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/jhp.14.1.167-200

Abstract

The reform of the risk-based licensing system implemented through the Job Creation Law in Indonesia has had a significant impact on environmental protection. This shift, which replaces the precautionary-based preventive approach with risk management, has the potential to reduce ecological protection without explicitly changing constitutional norms. From a constitutional perspective, this change is considered environmental constitutional regression, referring to the decline in the legal system’s ability to ensure the environmental protection that was previously achieved. This article analyzes the impact of this transformation on the legal structure and investment governance in Indonesia. Environmental protection, which previously functioned as a constitutional instrument limiting the rationality of economic development, is now repositioned as an administrative component within the risk-based licensing framework. This shift occurs amid efforts to deregulate and simplify licensing to accelerate investment, but at the expense of the state’s obligation to ensure ecological sustainability. This reform affects various regulatory dimensions, including institutional structure, the role of law, public participation procedures, and environmental protection standards. The integration of environmental approval into the risk-based licensing system changes the paradigm from preventive control to administrative risk management. As a result, environmental protection mechanisms become dependent on risk assessments that do not always encompass the broader potential ecological damage. This study proposes the need for a progressive legal approach that reaffirms the state's obligation to uphold constitutional rights to a healthy and sustainable environment, while mitigating the negative impacts of regulatory reform on ecological justice and environmental sustainability. Thus, this research contributes to the understanding of the constitutional implications of risk-based regulatory restructuring, emphasizing the importance of ensuring that environmental protection remains a priority in development policy.
TRANSFORMING ENERGY POLICY IN INDONESIA: ADDRESSING GENDER BIAS AND PROMOTING WOMEN’S EMPOWERMENT IN THE RENEWABLE ENERGY SECTOR Sembiring, Adventi Ferawati; Garunja, Evis
Jurnal Hukum Progresif Vol 14, No 1 (2026): April 2026
Publisher : Doctoral of Law Program, Faculty of Law, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/jhp.14.1.1-48

Abstract

This study analyses the role and engagement of women in Indonesia’s renewable energy transition through a feminist perspective, emphasising the shift from gender-neutral frameworks to inclusive, equitable, and justice-oriented approaches. The research employs document analysis of national energy plans, with a focus on the “Sumba Iconic Island” programme as a case study, complemented by a literature review that addresses ethics of care, distributive justice (Gilligan, Noddings, Rawls), and feminist perspectives—specifically standpoint theory and intersectionality. It highlights the patriarchal biases embedded in technocratic and macroeconomic policy frameworks. Although Indonesia possesses a wealth of renewable resources—including solar, bioenergy, and ocean waves—women’s experiential knowledge and perspectives remain underrepresented in energy policy and planning. Existing evidence indicates that empowering women as technicians and energy educators enhances technology adoption, social effectiveness, and long-term sustainability. A comparative analysis of Iceland and Germany shows that mandatory gender-equity reporting and inclusive public consultations—guided by feminist perspectives—position women as strategic partners in energy decision-making, rather than passive beneficiaries. Proposed actions include the adoption of feminist-informed Gender Responsive Budgeting (GRB) in energy-sector funding, revising technical regulations to require assessments of gender-power impacts, and establishing women’s energy advisory forums at both national and regional levels. These measures aim to reshape Indonesia’s energy transition into a process that is equitable, inclusive, fundamentally feminist, and environmentally sustainable.
WHEN MEN ARE VICTIMS: POWER, HEGEMONIC MASCULINITY, AND THE EPISTEMIC LIMITS OF JUSTICE IN INDONESIAN SEXUAL VIOLENCE LAW Nugroho, Mohammad Shandy; Hardiyanti, Marzellina; Mahoro, Jean Claude Geofrey
Jurnal Hukum Progresif Vol 14, No 1 (2026): April 2026
Publisher : Doctoral of Law Program, Faculty of Law, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/jhp.14.1.201-240

Abstract

This study critically examines the treatment of sexual violence against men within the framework of Indonesian criminal law, highlighting the persistent influence of hegemonic masculinity on legal culture and courtroom practices. Historically, Indonesian law has constructed sexual violence through a gendered lens that positions men as active perpetrators and women as passive victims, thereby marginalising male victims and limiting societal and institutional recognition. Despite normative reforms, including the Sexual Violence Criminal Law and the New Criminal Code, which adopt gender-neutral definitions and acknowledge coercion, power dynamics, and non-physical forms of violence, the implementation of these laws remains constrained by patriarchal legal culture. Using a Foucauldian feminist approach, the study demonstrates that courts often privilege physical evidence and linear narratives of trauma, thereby subordinating the psychological and relational dimensions of male victimisation. Empirical cases, including sexual violence against a male student in Batu City and the victimisation of 43 boys in a religious educational institution in Agam Regency, illustrate how judicial masculinity operates to standardise rationality, depoliticise power relations, and symbolically protect patriarchal norms. Male victims are compelled to negotiate their masculinity, conform to societal expectations, and substantiate trauma within a framework biased toward physical proof. The study further contextualises these dynamics internationally, comparing the recognition of male rape in jurisdictions such as the United Kingdom, the United States, and the International Criminal Court, underscoring the global persistence of gendered assumptions that impede legal acknowledgment and social support for male victims. The analysis concludes that achieving substantive gender justice requires a transformation of the epistemology of legal practice: courts must reconceptualise sexual violence as a mechanism of domination and social control rather than an anomaly, and recognise male vulnerability without pathologisation. Only through integrating legal cultural analysis, trauma-informed evidence evaluation, and awareness of hegemonic masculinity can the law substantively protect male victims and dismantle the structural biases that perpetuate the marginalisation of men within sexual violence discourse.

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