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Contact Name
Ujang Badru Jaman
Contact Email
ujang.badru@eastasouth-institute.com
Phone
+6282180992100
Journal Mail Official
journaleastasouth@gmail.com
Editorial Address
Grand Slipi Tower, level 42 Unit G-H Jl. S Parman Kav 22-24, RT. 01 RW. 04 Kel. Palmerah Kec. Palmerah Jakarta Barat 11480
Location
Kota adm. jakarta barat,
Dki jakarta
INDONESIA
The Easta Journal Law and Human Rights
Published by Eastasouth Institute
ISSN : 29857112     EISSN : 29630193     DOI : https://doi.org/10.58812/eslhr
Core Subject : Social,
Associated with the Eastasouth Institute, the ESLHR - The Easta Journal Law and Human Rights is a three-times-a-year publication and aims to publish scientific papers on issues involving Law and Human Rights, from an interdisciplinary perspective, encouraging the dialogue with other areas of Law and the several fields of knowledge related to the Law and Human Rights. Empirical research papers, which are based on consistent and/or concrete proposals for normative improvement, are welcome and receive priority processing duo to the originality.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 104 Documents
Traditional Leaders and the Legality of Punishment for Violence in the Indonesian Criminal Justice System Muh. Rafli Basri; Fenty U. Puluhulawa; Irlan Puluhulawa
The Easta Journal Law and Human Rights Vol. 4 No. 03 (2026): The Easta Journal Law and Human Rights (ESLHR)
Publisher : Eastasouth Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/eslhr.v4i03.1027

Abstract

This study aims to analyze the position of customary officials and the legality of violent sanctions within the Indonesian criminal justice system. The research problem arises from the continued existence of customary punishment practices involving physical and psychological violence in customary law communities, while national criminal law establishes the state as the sole institution authorized to impose criminal penalties. This study employs a normative legal method with legislative, conceptual, and case-based approaches through a literature review of primary, secondary, and tertiary legal sources. The findings indicate that traditional officials possess sociological and constitutional legitimacy in maintaining order within traditional communities; however, their authority remains limited by the principle of legality and the protection of human rights. Restorative customary sanctions remain acceptable as long as they do not violate fundamental individual rights, whereas sanctions involving elements of violence can still be classified as criminal offenses under the Criminal Code. This study underscores the importance of harmonizing customary law with national criminal law through the strengthening of a restorative justice approach and the establishment of regulations that clearly define the limits of the authority of customary institutions.
Legal Reconstruction of Local Government Responsibility in Ensuring Equitable Access to Clean Water through Sea Water Reverse Osmosis Governance in Gili Trawangan Muhamad Husni; Siti Hasanah; Nurjannah Septyanun; Firzhal Arzhi Jiwantara
The Easta Journal Law and Human Rights Vol. 4 No. 03 (2026): The Easta Journal Law and Human Rights (ESLHR)
Publisher : Eastasouth Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/eslhr.v4i03.1037

Abstract

Freshwater scarcity in small island regions has become a significant governance challenge, particularly in balancing community needs, tourism development, and environmental sustainability. Gili Trawangan faces increasing demand for clean water due to limited freshwater resources and rapid tourism growth, requiring innovative and equitable water management strategies. This study aims to analyze the legal responsibility of local governments in ensuring equitable access to clean water through the utilization of Seawater Reverse Osmosis (SWRO) technology, focusing on distributive justice, public accountability, and sustainable resource governance. This research employs an empirical socio-legal method by integrating statutory analysis with qualitative field research. Data were collected through interviews, observations, and documentation, and analyzed using qualitative descriptive analysis supported by data triangulation. The findings show that SWRO implementation through cooperation between the North Lombok Regency Government, the Regional Water Supply Company (PDAM), and the private sector has contributed to addressing clean water scarcity in Gili Trawangan. However, several challenges remain, including unequal water distribution, limited production capacity, tariff mechanisms, institutional accountability, and potential conflicts between local community needs and tourism industry demands. This study argues that clean water governance should not only emphasize technological efficiency but also prioritize justice, affordability, environmental sustainability, and protection of public rights. The novelty of this research lies in developing a socio-legal perspective that positions SWRO technology as a governance instrument for achieving water justice rather than merely a technical solution for freshwater scarcity.
Insurance Company Liability for Denial of Cancer-Related Claims Against Policyholders Raden Muhammad Ibnu Akbar; M. Khoirul Huda
The Easta Journal Law and Human Rights Vol. 4 No. 03 (2026): The Easta Journal Law and Human Rights (ESLHR)
Publisher : Eastasouth Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/eslhr.v4i03.1069

Abstract

Humans experience various risks in their lives. An insurance company is an institution that can cover these risks. The form of risk transfer is an agreement with a reciprocal relationship, meaning that each party has rights and obligations that must be fulfilled. Sometimes the insured/policyholder has fulfilled their obligation to pay insurance premiums, but when a claim is made, the insurer, namely the insurance company, rejects the claim. This claim rejection occurs for various reasons, resulting in the policyholder suffering a loss. This insurance claim rejection usually occurs in life insurance that covers dangerous diseases such as cancer. This study will examine the responsibility of insurance companies for rejecting cancer claims against policyholders. Claim rejections must be based on legitimate, clear reasons, and in accordance with statutory provisions. Claim rejections that are carried out unilaterally, are not transparent, or contrary to the principle of good faith can be qualified as default or an unlawful act. This form of accountability can be in the form of an obligation to pay claims, provide compensation to policyholders and the possibility of imposing administrative sanctions by the Financial Services Authority if the insurance company is proven to have violated legal provisions in the insurance sector.
Application of Restorative Justice in Handling Account Transfer Errors by Banking Officials Padlilah Padlilah; Heri Heriyanto
The Easta Journal Law and Human Rights Vol. 4 No. 02 (2026): The Easta Journal Law and Human Rights (ESLHR)
Publisher : Eastasouth Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/eslhr.v4i02.1005

Abstract

Wrongful account transfers by bank officials are a problem that has a direct impact on customer confidence and the stability of the banking system, so it requires a settlement mechanism that is not only sanctions oriented, but also recovery. Although the restorative justice approach has begun to be introduced in the Indonesian legal system, its application in the context of banking administrative errors is still limited and has not been comprehensively studied. This study aims to analyze the application of restorative justice in handling account transfer errors by bank officials and assess its effectiveness in providing justice for the parties. The research method used is normative juridical with a legislative approach and conceptual studies, supported by related case analysis. The results of the study show that restorative justice can be an effective alternative settlement by emphasizing the recovery of customer losses, the responsibility of the perpetrator, and maintaining the reputation of the banking institution, if there is no element of intentionality or serious crime. The implication is that it is necessary to strengthen regulations and guidelines for the implementation of restorative justice in the banking sector to ensure legal certainty and customer protection.

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