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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,
Law, Crime, Criminology & Criminal Justice
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 82 Documents
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Implementation of Law Enforcement in Environmental Aspects By Undang-undang Number 6 Year 2023 Deni Yusup Permana; Karmenita; Nur Rahmat
The Easta Journal Law and Human Rights Vol. 1 No. 03 (2023): 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.v1i03.83

Abstract

The abstract addresses the low awareness of environmental conservation in Indonesia, as showed by the Environmental Performance Index 2022 (EPI) report. Based on Undang-undang Number 6 Year 2023, this study seeks to investigate the use of law enforcement in environmental elements. The research method involves a literature study approach and a normative juridical approach. The results and discussion highlight the regulations and articles in Undang-undang Number 6 Year 2023 related to environmental law enforcement, including law enforcement authorities, administrative and criminal sanctions, and dispute resolution mechanisms. The implementation of good law enforcement can positively affect environmental protection and preservation. However, improper implementation may lead to negative consequences, such as the criminalization of people living near protected environmental areas. The study emphasizes the role of law enforcement agencies in the implementation of Undang-undang Number 6 Year 2023 and the control and prevention of environmental damage through licensing mechanisms. It also stresses the importance of protecting people's rights in a healthy and sustainable environment. The conclusion emphasizes the need for increased awareness, commitment, and effective environmental law enforcement mechanisms to address environmental problems and prioritize sustainable development in Indonesia.
Legal Analysis of The Impact of Industrial Development on The Environment Armansyah; Ujang Badru Jaman
The Easta Journal Law and Human Rights Vol. 1 No. 03 (2023): 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.v1i03.84

Abstract

The environment is something that cannot be separated from human life. Because where someone lives, another environment is created and vice versa. The industry is a sectoral economy or activity that involves the processing of raw materials or the production of products, i.e., the use of skills and labor in the factory and the use of field tools to process the results on the ground and distribute them as the main work. Therefore, as an eye chain, the industry is also responsible for meeting land-related (economic) needs, i.e., agriculture, cultivation, and mining. To place the sector far from the country, the basis of economy, culture, and politics. Study law is carried out in a manner juridical normative is Conceptual research as what is written in regulation legislation or law conceptualized as a rule or the norm, which is benchmark behavior considered human deserves. Study law normative This is based on material primary and secondary laws, i.e., referring research to existing norms in regulation legislation. Development is a planned change process as one effort man in increasing the quality of his life. However, the development industry in Indonesia has a significant impact on the environment, resulting in pollution, damage to the climate forests, and depletion of source Power nature. The impact development industry on the environment in Indonesia has been attention for many years. This leads to an increased need for measures and legislation to reduce the negative impact of industrial development on the environment.
The Contextualization of The Teachings of Islamic Law in The Legal World in Indonesia Muhammadong
The Easta Journal Law and Human Rights Vol. 1 No. 03 (2023): 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.v1i03.85

Abstract

The purpose of this research is to find out the contextualization of the teachings of Islamic law within the framework of legal politics in Indonesia. The existence of Islamic law did not only apply during the colonial period but could exist in the national legal system. The contribution of Islamic law is very large for the progress of the development of Islamic teachings in Indonesia. Birth of Law No. I of 1974 concerning Marriage, Law No.7 of 1989 concerning Religious Courts. The Compilation of Islamic Law (KHI), and PP No. 28 of 1978 concerning waqf, show that Islamic law is a teaching in the legal system in Indonesia. Islamic law is believed to be a teaching that can bring about changes in the way of life of Muslims.
The Influence of International Human Rights Instruments on Domestic Legislation: A Comparative Study of Four Countries Joupy G.Z Mambu; Novita Marven Mongdong
The Easta Journal Law and Human Rights Vol. 1 No. 03 (2023): 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.v1i03.86

Abstract

The purpose of this study is to give a comparative analysis of how these countries' legal systems, policies, and practices treat and implement international human rights norms. The methodology of this research utilizes a comparative research design, which combines primary and secondary data collection methods. Primary data was collected through semi-structured interviews with key stakeholders involved in human rights legislation, including government officials, legislators, human rights organizations, legal experts, and academics. This research contributes to the existing literature on human rights legislation in Southeast Asia by providing a comprehensive comparative analysis of the influence of international human rights instruments on domestic legislation. Its findings provide insights into the challenges and opportunities in incorporating human rights standards into domestic law and provide recommendations for strengthening human rights protection in Indonesia, Malaysia, Cambodia and Vietnam.
Examining the Role of International Human Rights Tribunals in Promoting Accountability for Human Rights Violations Yolanda Mona Salainti
The Easta Journal Law and Human Rights Vol. 1 No. 03 (2023): 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.v1i03.87

Abstract

This study investigates the crucial role of international human rights courts in advancing accountability for human rights abuses. Its primary objective is to evaluate the effectiveness of these tribunals in holding accountable those — individuals, states, and non-state actors are to blame for major human rights violations. As part of the research methodology, relevant literature, case studies, and legal decisions from international human rights tribunals are thoroughly examined. The International Criminal Court (ICC), the International Court of Justice, and local human rights courts are all part of this. The scope of the investigation includes War crimes, genocide, and crimes against humanity, torture, and enforced disappearances. The findings underscore the substantial contribution made by international human rights courts in ensuring justice, truth-seeking, and redress for victims of human rights abuses. These tribunals have played a pivotal role in establishing legal precedents, clarifying the extent of human rights obligations, and fostering international cooperation to address impunity. The study also explores the challenges confronted by international human rights courts, including limited jurisdiction, enforcement capacity, and political opposition. Additionally, it examines potential synergies between international tribunals and national justice systems to strengthen accountability mechanisms at both the international and domestic levels. The findings of this study have significant implications for policymakers, individuals who advocate for human rights, and those who work in the legal field because they highlight the importance of a powerful and independent international human rights court in promoting accountability and providing justice for victims of human rights violations all over the world.
The Right to a Fair Trial: Comparative Analysis of International Human Rights Standards Arief Fahmi Lubis
The Easta Journal Law and Human Rights Vol. 1 No. 03 (2023): 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.v1i03.88

Abstract

This research paper presents a comparative analysis of the right to a fair trial in Indonesia and Brazil, focusing on the international human rights standards applicable in both countries. The study examines the legal frameworks, case studies, and challenges associated with fair trial rights in each country. Through a comprehensive review of literature and analysis of relevant legal provisions, the research highlights the issues of presumption of innocence, access to legal representation, impartiality of the judiciary, and the protection of vulnerable groups. The findings contribute to a better understanding of the practical implementation of fair trial rights and provide insights into areas that require attention and improvement. The research concludes by emphasizing the importance of aligning domestic laws and practices with international human rights standards to ensure comprehensive protection of fair trial rights in Indonesia and Brazil.
Ensuring the Rights of Indigenous Peoples: International Legal Standards and National Implementation Gusniarjo Mokodompit; Suprijati Sarib; Sabil Mokodenseho; Zulfikri Darwis; Madinah Mokobombang
The Easta Journal Law and Human Rights Vol. 1 No. 03 (2023): 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.v1i03.89

Abstract

This research explores the guarantee of indigenous peoples' rights in indigenous territories in West Java, focusing on international legal standards and their implementation at the national level. The research used a mixed-methods approach, combining qualitative and quantitative methods. Through document analysis, surveys and interviews with key stakeholders, the research examines the legal and policy framework, challenges and opportunities related to indigenous peoples' rights in the region. The findings highlight issues such as land rights, cultural preservation, and political participation. While there are legal provisions in place, their practical implementation faces challenges such as conflicting land tenure systems, limited recognition of customary land rights, and lack of consultation and participation of indigenous peoples. This research emphasizes the need for effective implementation of international legal standards, capacity building, and empowerment of indigenous peoples. The findings contribute to the understanding of indigenous peoples' rights in West Java and provide insights for policy makers, indigenous peoples, and other stakeholders involved in protecting indigenous peoples' rights.
The Role of International Human Rights Norms in Combating Discrimination and Promoting Equality Irsyad Dhahri
The Easta Journal Law and Human Rights Vol. 1 No. 03 (2023): 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.v1i03.90

Abstract

This research explores the role of international human rights norms in combating discrimination and promoting equality in Indonesia. This paper examines the influence of international human rights norms on legal and policy reform, the implementation of these norms in addressing discrimination, and their overall effectiveness in the Indonesian context. Its theoretical framework includes an intersectionality approach to discrimination and recognizes the social construction of discriminatory practices. The study used a mixed methods approach, including literature review, legal framework analysis, and case studies, to provide a comprehensive analysis. Its findings show significant alignment between international human rights norms and Indonesia's legal framework. However, there are still challenges in its implementation due to limited awareness, cultural barriers, weak institutional capacity, and regional variations. The study concludes by emphasizing the importance of raising awareness, overcoming cultural barriers, and strengthening institutional capacity to strengthen the role of international human rights norms in combating discrimination and promoting equality in Indonesia.
Addressing Gender-Based Violence: Comparative Analysis of International Legal Frameworks and Practices Stince Sidayang; Muhammad Julianto Sumanta; Candra Kirana Putri Calya; Sabil Mokodenseho
The Easta Journal Law and Human Rights Vol. 1 No. 03 (2023): 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.v1i03.91

Abstract

Gender-based violence (GBV) is a global issue that violates human rights and impedes social development. This research paper presents a comparative analysis of the international legal framework and practices relating to GBV in Indonesia. Through a qualitative research approach, including document analysis, comparative legal analysis, and case studies, this research explores the alignment of Indonesia's legal framework with international standards and examines initiatives and practices implemented in Indonesia to address GBV. The research identifies gaps, challenges, and potential solutions, providing insights for policymakers, practitioners, and advocates working to combat gender-based violence in Indonesia and other similar contexts.
Promoting Economic, Social, and Cultural Rights: Challenges and Opportunities in International Human Rights Law Yoan Barbara Runtunuwu; Indra Tjahyadi
The Easta Journal Law and Human Rights Vol. 1 No. 03 (2023): 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.v1i03.92

Abstract

This paper examines the barriers to and opportunities for advancing socioeconomic and cultural rights in Indonesia within the context of international human rights law. The research employs qualitative research methods, such as legal analysis, policy evaluation, and case studies, to thoroughly analyze the topic. Its findings underscore the complexities of realizing these rights in Indonesia and the need for targeted policies, collaboration among stakeholders, and participation in international human rights mechanisms. The research contributes to the existing knowledge of human rights in Indonesia. It provides policymakers and stakeholders with recommendations to protect and realize economic, social, and cultural liberties.

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