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Fakultas Hukum Universitas Brawijaya Jalan MT. Haryono No.169 Malang, Jawa Timur - Indonesia
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INDONESIA
Human Rights in The Global South (HRGS)
ISSN : -     EISSN : 29625556     DOI : 10.56784
Core Subject : Social,
Human Rights in the Global South focuses on the development of theories as well as practices in respecting and protecting human rights in Global South countries.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 30 Documents
Can National Strategy Sidestep Civil and Political Rights? The Case of Indonesia’s Simultaneous Regional Elections Bachtiar, Rizqi; Averos Aulia Ananta Nur
Human Rights in the Global South (HRGS) Vol. 2 No. 2 (2023)
Publisher : Serikat Pengajar Hak Asasi Manusia Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56784/hrgs.v2i2.81

Abstract

The policy of transitioning to simultaneous elections in 2024 in Indonesia has given rise to polemics regarding human rights and democracy. There is no justification for the government to disregard citizens' civil and political rights in appointing interim regional heads. This research seeks to examine the phenomenon of the appointment of interim regional heads as an integral part of fulfilling citizens' civil and political rights. By using normative juridical or legal doctrinal research methods, this research demonstrates that the process of appointing interim regional heads is problematic. The government only relies on one regulation while ignoring the others, such as government and non-governmental organizations' recommendations. As a result, the appointment of interim regional heads appears less democratic, potentially leading to actions taken behind closed doors without involving public participation. This indicates that the centralized appointment of interim regional heads is more politically driven than merely focused on effectiveness and efficiency.
Sad Kerthi as a Legal Concept of Self-Determination for Indigenous People in Bali Prasada, Dewa Krisna; Nurjaya, I Nyoman; Sulistyarini, Rachmi; Muktiono, Muktiono
Human Rights in the Global South (HRGS) Vol. 3 No. 1 (2024)
Publisher : Serikat Pengajar Hak Asasi Manusia Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56784/hrgs.v3i1.82

Abstract

This study aims to examine the historical and cultural aspects of Sad Kerthi as a legal terminology that is part of the traditional knowledge of indigenous people in Bali, one of Indonesia’s culturally richest provinces. The recognition and respect for indigenous communities have been a significant topic outlined in Article 18B paragraph (2) of the 1945 Constitution. This Article underpins legislations and regulations aimed to empower indigenous communities to exercise self-governance in their social context within the framework of the contemporary globalised society. By using socio-legal research methods with a statute approach and legal facts, this research finds that the lack of a legal definition of Indigenous people adversely impacts the self-determination of Indigenous people in Indonesia. At the same time, the common problems faced are not unequivocal, by considering Bali, Sad Kerthi as local wisdom is incorporated in Bali Province Act 15/2023. This legislation is further broken down into local regulations that allow Balinese communities to preserve their social structures and self-determination in everyday activities. Based on legal evidence collected from three different types of customary villages in Bali, which are Baliaga, Apanage, and Anyar, the indigenous communities in each of these traditional villages are autonomous and enjoy specific privileges maintained since their ancestors.
Deconstructing ‘Learning Spaces’: A Narrative Inquiry on the Right to Education in Indonesia Andaya, Raymond; Kihara-Hunt, Ai; Winanti, Kenya; Fairuza, Fathia
Human Rights in the Global South (HRGS) Vol. 3 No. 1 (2024)
Publisher : Serikat Pengajar Hak Asasi Manusia Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56784/hrgs.v3i2.85

Abstract

This article critically examines how educational practices and spatial dynamics contribute to the (re)production of discourses surrounding the right to education. Through a narrative inquiry involving Indonesian educators working in non-state ‘learning spaces,’ it highlights both the opportunities and challenges that influence rights-oriented assessments of educational landscapes. Adopting a spatial approach to human rights analysis, the article utilises the concept of a ‘learning space’ as an analytical framework. It explores learning spaces in three key dimensions: (1) as a physical or environmental platform that demands adaptation, (2) as an agent for democratising ‘right to education’ discourses, and (3) as a flexible tool that can be managed according to the contextual needs of the educational environment. The article presents three key findings based on a spatial analysis of non-state learning spaces in Indonesia. First, while we concur with previous literature that the physical environment of learning spaces can limit pedagogical approaches and learning outcomes, it can also foster adaptable educational strategies that transform and complement traditional methodologies. Second, these spaces serve as agents of educational policy and practice, engaging with duty-bearers such as the government, civil society, parents, students, and other actors working to fulfil the right to education. Third, learning spaces are malleable tools that can be customised to suit local contexts, providing personalised learning experiences tailored to the needs of diverse student populations. While the findings of this narrative inquiry do not claim to capture all the ways learning spaces influence discourses on the right to education, the socio-spatial analysis offers a deeper understanding of how physical and social contexts shape educational rights. The article suggests directions for further research into rights-oriented educational policies and practices that take into account the flexibility and agency of non-state learning environments.
Conflict Resolution of Authoritarianism: Measuring the Stability of Human Rights Settlement Hegemony in Rohingya Alfarisi, Muhammad Adib
Human Rights in the Global South (HRGS) Vol. 3 No. 1 (2024)
Publisher : Serikat Pengajar Hak Asasi Manusia Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56784/hrgs.v3i1.97

Abstract

The Southeast Asian region has witnessed violent human rights violations in recent years with the 2012 Rohingya ethnic conflict in Myanmar. This has led to tensions between countries in the ASEAN region, which has an important influence on hegemonic stability in attempting conflict resolution or peace. This study expresses the power of conflict resolution in the Southeast Asian region over human rights violations in Rohingya, which is a qualitative study using the theory of conflict described by Galtung regarding peace. Theoretically, this research has the hegemonic power needed to create international system stability and security in the ASEAN region. The Rohingya conflict caused many refugees to transmigrate to neighboring countries. This condition is a security concern in the Southeast Asian region to be unstable. Therefore, hegemonic power is needed to create stability in the ASEAN region. On this basis, ASEAN addresses several problems among its member countries and strengthens cooperation and the rule of law in the international world regarding human rights. So that Southeast Asian countries through conflict management, from military, economic, political, ideological, and institutional as one of the hegemonic forces between ASEAN regions that realize peace. Thus, the author argues the importance of the role of ASEAN countries as a mediator point towards peace and diplomacy in resolving conflicts over human rights violations through cooperation and reducing humanitarian tensions so as to create equality, togetherness between people.
Integrating Women's Rights and Climate Migrant Protection: Bridging Gaps in Vietnam Ta, Khanh Linh; Linh, Pham Khanh
Human Rights in the Global South (HRGS) Vol. 3 No. 1 (2024)
Publisher : Serikat Pengajar Hak Asasi Manusia Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56784/hrgs.v3i2.109

Abstract

Southeast Asia, a region at the forefront of the climate crisis, is experiencing a surge in climate-induced displacement, with projections indicating that 3.3 to 6.3 million internal displacements may occur in the lower Mekong sub-region by 2050. Climate migration in the Global South is not merely a matter of environmental survival but also a significant human rights concern—particularly for women. Female climate migrants are especially vulnerable to gender-based violence, trafficking, and restricted access to essential services such as sanitation, reproductive healthcare, and psychosocial support. Despite growing awareness, the intersectional vulnerabilities of these women remain insufficiently addressed in both academic literature and legal policy. While previous research has explored climate migration and women’s rights separately, few studies have engaged with their intersection—particularly within Global South contexts. This study seeks to bridge that gap by examining the identity, legal recognition, and lived experiences of female climate migrants, with Vietnam serving as a representative case study. The research employs a comparative legal analysis of international and Vietnamese legal frameworks, evaluating how existing laws conceptualise and safeguard female climate migrants. Methodologically, it draws on interdisciplinary literature and human rights-based approaches to interrogate both normative and practical gaps in protection. The findings reveal that prevailing legal regimes tend to classify women either as victims of climate disasters or as migrants, without adequately accounting for the convergence of these identities. This oversight contributes to fragmented protections and critical policy blind spots. In response, the study proposes a holistic framework that incorporates gender-responsive and climate-specific considerations into migration law and policy. By foregrounding the voices and rights of female climate migrants in the Global South, this research contributes to the advancement of human rights scholarship and advocates for inclusive, intersectional, and contextually grounded legal reforms. It highlights the urgent need for policies that not only address environmental displacement but also uphold the dignity and rights of the most affected.  
From Comfort to Conflict: Hotel Responsibilities and Water Rights in Yogyakarta Yesaya Sandang
Human Rights in the Global South (HRGS) Vol. 3 No. 2 (2024)
Publisher : Serikat Pengajar Hak Asasi Manusia Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56784/hrgs.v3i2.96

Abstract

This article provides a socio-legal analysis of hotel responsibilities in upholding the human right to water, with a focus on Yogyakarta, Indonesia. It explores the obligations of hotels beyond legal compliance, examining relevant regulations and integrating primary data from interviews and observations of government agencies. The study identifies a significant disparity between statutory laws and their practical implementation, revealing tangible societal impacts. Furthermore, it highlights a gap between sustainable tourism discourse and the application of sustainable practices in hotel operations. Constraints and challenges within the existing legal framework for sustainable tourism are critically analysed, emphasising the need for reform. This research underscores the urgency of integrating water governance into the broader agenda of sustainable tourism, aligning with government priorities on tourism development. Methodologically, the study employs a qualitative approach, utilising socio-legal analysis to connect regulatory frameworks with real-world practices. By advancing discussions on sustainable practices in the hospitality sector, this study contributes significantly to the broader discourse on aligning tourism development with human rights and environmental sustainability. It fills a gap in the literature by systematically connecting water governance, human rights, and tourism regulation within a single analytical framework. Its urgency lies in addressing the escalating water resource challenges amidst tourism growth. The study concludes by emphasising the need for policy adjustments to address the disconnect between legislative frameworks and practical implementation, providing actionable insights for policymakers and stakeholders. Its novelty lies in reframing water governance in hotels as a central issue within sustainable tourism, rather than a peripheral or niche concern.
Leveraging Emerging Technologies to Document Abuses and Amplify Marginalised Voices in Conflict Zones: Lessons from Afghanistan Mohiqi, Murtaza
Human Rights in the Global South (HRGS) Vol. 3 No. 2 (2024)
Publisher : Serikat Pengajar Hak Asasi Manusia Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56784/hrgs.v3i2.99

Abstract

This study critically examines the specific role of emerging technologies in safeguarding human rights amidst conflict, with a focus on Afghanistan as a compelling case study. Technology is explored not merely as a passive recorder but as an active agent of accountability, employing innovative applications like artificial intelligence and blockchain to ensure evidence integrity and strengthen legal recourse. Beyond traditional social media, the research highlights the transformative potential of technologies such as virtual reality and immersive storytelling in amplifying marginalised voices, providing these communities with platforms to share their experiences more effectively and engage global audiences. The study also investigates context-specific communication strategies, showcasing how secure channels, mesh networks, and satellite communication help overcome barriers in conflict zones and ensure resilient information flow and emergency response. By analysing the Afghanistan case study, the research offers a critical examination of the ethical challenges, operational barriers, and practical implications associated with deploying these technologies. This article contributes to the growing interdisciplinary literature at the intersection of technology, human rights, and conflict by offering one of the first comprehensive analyses of how diverse digital tools function not only as evidentiary instruments but as mechanisms of empowerment and protection in fragile settings. This analysis underscores the importance of a balanced and contextually nuanced approach, addressing not only the opportunities but also the limitations and risks—such as ethical concerns, sustainability, and accessibility—in leveraging technology for human rights protection. The findings offer actionable insights for policymakers, human rights practitioners, and technologists, providing a roadmap for strategically integrating technology into human rights efforts to create a more just and equitable response to conflict.
Human Rights Violations and Democratic Backsliding in the Philippines under Duterte Iglesias, Sol
Human Rights in the Global South (HRGS) Vol. 3 No. 2 (2024)
Publisher : Serikat Pengajar Hak Asasi Manusia Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56784/hrgs.v3i2.108

Abstract

This study examines how state-led violence under the Duterte administration in the Philippines contributed to democratic backsliding, offering critical insights for understanding human rights violations in weak democracies of the Global South. The Philippine case, marked by mass killings under the guise of an anti-drug campaign, raises urgent questions about the relationship between coercive governance and democratic erosion. While existing scholarship on democratic decline focuses largely on electoral manipulation and institutional weakening, it often under-theorises the role of systematic state violence as a mechanism of autocratisation. Building on and extending this scholarship, the study contributes to global human rights debates by foregrounding how extrajudicial violence can erode democratic norms and institutions without direct electoral interference. It argues that in contexts like the Philippines, where formal institutions remain fragile and public support for punitive policies is high, state violence operates as a powerful tool to suppress dissent, consolidate executive power, and bypass institutional resistance. Methodologically, the research employs a comparative analysis of multiple democracy datasets including the Varieties of Democracy (VDem) and the Democratic Erosion Events Dataset (DEED) to trace temporal patterns of democratic decline. By incorporating state violence as a variable, the study reveals that democratic erosion began earlier and was more deeply entrenched than conventional indicators suggest. The findings underscore the need for more robust democracy assessment frameworks that systematically integrate civil and human rights violations, particularly in the Global South, where hybrid regimes increasingly blend formal democratic institutions with violent governance practices. The study concludes that addressing democratic backsliding in such settings requires rethinking standard metrics of democracy to include coercive practices and their legitimisation through popular support. It calls for future research to explore how state violence reshapes democratic trajectories and to develop interdisciplinary methods for capturing its complex impacts on governance and human rights.
Navigating Social Piety and State Stability in Indonesia’s Response to the Rohingya Refugee Crisis Ali, Zezen Zainul; Muhajir , Muhammad; Mahmud, Zaeni; Mulyani, Maulidi
Human Rights in the Global South (HRGS) Vol. 3 No. 2 (2024)
Publisher : Serikat Pengajar Hak Asasi Manusia Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56784/hrgs.v3i2.115

Abstract

This study investigates Indonesia’s response to the Rohingya refugee crisis, focusing on the tension between humanitarian commitments and national stability. It explores how a predominantly Muslim country situated in the Global South and not party to the 1951 Refugee Convention manages the arrival of refugees amidst growing regional insecurity and limited institutional capacity. The study aims to critically examine how Indonesia’s reception of Rohingya refugees reflects both Islamic values of solidarity and the political, legal, and economic dilemmas that follow. Employing an interdisciplinary literature-based approach, the research synthesis legal, sociopolitical, and religious perspectives to understand state responses to refugee movements. Findings reveal two key dynamics. First, the Rohingya have faced systemic persecution in Myanmar, particularly through Burmanization policies that led to ethnic cleansing and genocide, constituting gross human rights violations. Second, Indonesia’s moral support for Rohingya Muslims highlights its humanitarian orientation, yet this position generates challenges across various sectors, including religion, law, security, and the economy. The arrival of refugees has sparked domestic debates around state sovereignty, social cohesion, and resource allocation. This study contributes to the literature on human rights and refugee protection in the Global South by offering insights into how non-signatory states balance humanitarian values with national interests. It underscores the need for more adaptive, context-sensitive policy frameworks that protect vulnerable populations while ensuring domestic stability. The study encourages a deeper understanding of refugee governance in transitional democracies, where ethical responsibility and political pragmatism often collide.
Problematising Ethnonationalism and the Challenges of Democracy in Indonesia Esfandiari, Fitria; Fadli, Moh.; Praja Dewa, Andiko Febrian
Human Rights in the Global South (HRGS) Vol. 3 No. 2 (2024)
Publisher : Serikat Pengajar Hak Asasi Manusia Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56784/hrgs.v3i2.102

Abstract

This research examines the dynamics of identity politics within the framework of ethnonationalism in Indonesia, highlighting the relationship between solidarity, conflict, and human rights issues. The aim of this research is to analyse how the state's response to ethnonationalist movements, particularly in Aceh and Papua, influences the formation of ethnic group solidarity while triggering conflicts that result in human rights violations. The research method used is a qualitative approach through literature study and case analysis, with data sources in the form of academic journals, official reports, and policy documents. The results show that identity politics can strengthen the internal solidarity of ethnic groups but has the potential to cause conflict if the state responds repressively. Case studies of Aceh and Papua reveal that security policies and state centralisation often exacerbate tensions, leading to human rights violations such as restrictions on freedom of expression and violence against civil society. The conclusions of this study emphasise the importance of an inclusive and human rights-based approach to the management of ethnonationalism and identity politics in order to prevent cycles of conflict and ensure the protection of the rights of minority groups in Indonesia. This study contributes to the literature by offering a contextualised analysis of how state strategies in managing ethnonationalist movements can either mitigate or intensify identity-based conflicts, particularly in post-authoritarian democracies.

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