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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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The Impact of Global Human Rights Advocacy on State Practices: A Multi-Country Study Feibe Engeline Pijoh
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.v1i03.93

Abstract

This study investigates the influence of international human rights advocacy on state practices in Indonesia and Malaysia. The research uses a mixed methods approach, combining quantitative analysis of human rights indicators and qualitative analysis of case studies and interviews. The findings show successes and challenges in the relationship between advocacy efforts and state behavior in both countries. The quantitative analysis shows improvements in certain areas, such as gender equality in Indonesia and legislative reform in Malaysia, while challenges remain in terms of freedom of expression, religious freedom, and minority rights. The qualitative analysis provides deeper insights, highlighting the important role of advocacy in raising awareness, promoting accountability, and pressuring governments to address human rights violations. However, barriers to effective implementation exist due to political resistance and societal divisions. A comparative analysis between Indonesia and Malaysia shows similarities and differences, with Indonesia showing a greater response to reform and Malaysia showing resistance that limits freedoms. This research contributes to the field by emphasizing the need for context-specific analysis and tailored approaches to address human rights challenges.
Protecting Civil and Political Rights: Comparative Analysis of International Human Rights Mechanisms Ade Risna Sari; Amtai Alaslan
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.v1i03.94

Abstract

This research conducts a comparative analysis of international human rights mechanisms to examine their effectiveness in protecting civil and political rights. The research aims to assess the strengths, limitations and contributions of various international mechanisms in protecting these fundamental rights. Part of the study process included a thorough analysis of international human rights treaties, agreements, reports, and case law from regional and international human rights organizations. The focus of the examination is on contrasting the mandates, responsibilities, and management styles of important international human rights institutions, including the Inter-American Commission on Human Rights, the European Court of Human Rights, and the UN Human Rights Council. These international organizations use a variety of tactics and resources to safeguard civil and political rights, which are made evident in its conclusions. The report lists common problems that these systems encounter, such as poor enforcement capacities, disparities in membership and participation, and the potential impact of political interests on decision-making processes. It also looks at how these processes have helped advance civil and political rights all throughout the world. The article discusses significant cases and rulings that have helped establish international and state standards for human rights legislation.
The Role of Schools, Parental Responsibilities, and Legal Implications for Bullying in Indonesia Kalijunjung Hasibuan; Rizana Rizana
The Easta Journal Law and Human Rights Vol. 2 No. 01 (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.v2i01.147

Abstract

Bullying is still a major problem that affects students' academic achievement and general well-being throughout the world. This study explores the functions of schools, parental responsibility, and legislative frameworks in addressing and preventing bullying within the particular setting of junior high schools in Indonesia. The study evaluates the frequency and forms of bullying, the efficacy of school-based interventions, the influence of parental engagement, and the advantages and disadvantages of the legal framework using a mixed-methods approach that includes surveys and interviews. According to quantitative research, bullying is occurring at alarming rates, with verbal bullying being the most common type. Although schools have anti-bullying policies in place, their execution might use some work. The important role that parents play is highlighted by positive correlations between lower incidence of bullying and parental involvement. Parents, teachers, and school administrators' qualitative observations offer a comprehensive perspective of the potential and obstacles in combating bullying. Evidence-based recommendations, such as strengthening school-based treatments, raising parental involvement, and improving the legislative framework, are informed by the integration of quantitative and qualitative findings. This study adds to the current conversation about bullying by offering perspectives specific to the Indonesian setting.
The Impact of the Legal Framework and Reporting Mechanisms in Eradicating Sexual Harassment in the Workplace in Indonesia Kalijunjung Hasibuan; Muhamad Romdoni
The Easta Journal Law and Human Rights Vol. 2 No. 01 (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.v2i01.148

Abstract

This study looks into how reporting procedures and legal frameworks affect the effort to end sexual harassment in Indonesian workplaces. Even with current laws in place, sexual harassment is still a common occurrence, so a thorough review of the legal system is required. This study identifies important legislative provisions, evaluates their efficacy, and investigates the difficulties faced by victims using a mixed-methods methodology that includes legal analysis, questionnaires, and interviews. The results provide insights from both global and regional viewpoints, point out the advantages and disadvantages of the legislative framework, and clarify the subtleties of reporting procedures. Suggestions for focused changes and enhanced reporting procedures are meant to support Indonesia's continuous endeavors to establish more secure and welcoming work environments.
Legal Strategy for Intellectual Property Protection in the Era of Open-source and Creative Commons in Indonesia Andrew Shandy Utama; Ade Pratiwi Susanty
The Easta Journal Law and Human Rights Vol. 2 No. 01 (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.v2i01.149

Abstract

This study navigates Indonesia's shifting IP protection landscape by examining the advantages and challenges of coexisting traditional IP regimes with open-source projects and Creative Commons license. In this age of collaborative innovation, the article focuses on legal strategies for adjusting to the dynamic interplay between proprietary and open models. This study employs a mixed-methods approach, combining legal analysis, case studies, interviews, and surveys, to explore the impact of open-source dynamics, provide flexible legal solutions, and highlight the benefits and drawbacks of existing intellectual property laws. The study's findings contribute to the ongoing discussion about establishing a harmonious atmosphere that fosters innovation while upholding the rights of those who create. The creative community, lawmakers, and companies can all benefit from the recommendations.
Law Enforcement Against Religious Blasphemy on Social Media in Indonesia Suprijati Sarib; Rai Iqsandri; Sabil Mokodenseho
The Easta Journal Law and Human Rights Vol. 2 No. 01 (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.v2i01.150

Abstract

This study looks into the complex legal environment surrounding blasphemy enforcement on social media platforms in Indonesia, a country known for its wide range of religious and cultural practices. Using a thorough mixed-methods approach, the study combines technology evaluations, legal analyses, and sociological surveys to give a comprehensive knowledge of the prospects and problems in reducing online blasphemy. The legal analysis delves into the complexities of the Blasphemy Law and the Electronic Information and Transactions (EIT) Law, exposing obstacles in its implementation in the ever-changing digital landscape. Different public perspectives are captured through societal surveys, which highlight the influence of religion on attitudes and the efficacy of existing legislative measures. Technological evaluations explore the complexity of algorithms used for content moderation and the cooperation between law enforcement and platforms. Through the cross-analysis of these aspects, inequalities and links are shown, encouraging a nuanced conversation on striking a balance between religious sensitivity and freedom of expression. The study's conclusions highlight the necessity for a flexible and culturally aware strategy in dealing with online blasphemy and offer recommendations for legislators, law enforcement organizations, and technology stakeholders.
Protection of Privacy and Intellectual Property Rights in Digital Data Management in Indonesia Imam Hanafi; Arief Fahmi Lubis
The Easta Journal Law and Human Rights Vol. 2 No. 01 (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.v2i01.151

Abstract

This study looks into how intellectual property rights and privacy protection overlap when it comes to digital data management in Indonesia. With an emphasis on the legal, technological, and ethical aspects, the study uses a mixed-methods approach that includes case studies, legal analysis, and qualitative interviews. The analysis highlights the necessity for continual adaptation while revealing a strong legal framework, which is mainly supported by the Personal Data Protection Act (PDPA). The importance of cutting-edge technologies like blockchain and encryption is also highlighted by the findings, which also emphasize the moral issues that must be taken into account for responsible data management. The study finishes with practical suggestions that attempt to find a fine balance between protecting privacy and promoting innovation for decision-makers, corporations, and other interested parties.
Legal Study of Interfaith Marriage According to Positive Law and Religious Law Regarding the Practice of Interfaith Marriage in Indonesia Permana, Deni Yusup
The Easta Journal Law and Human Rights Vol. 2 No. 02 (2024): 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.v2i02.173

Abstract

Interfaith marriage raises legal issues that require special attention, even though they are considered sacred in religious communities in Indonesia. The study aims to determine how Indonesia's positive laws and religion view marriage between people of different religions. Normative juridical and descriptive-analytical were used to conduct this research. After being obtained from library materials and secondary data, the data is analyzed qualitatively to obtain deductive conclusions. The study found that Law No. 1 of 1974 on Marriage stipulates marriage rules in Indonesia. It states that each spouse's religious beliefs determine whether the marriage is valid or not. Furthermore, Law Number 16 of 2019, which amends Law Number 1 of 1974, sets the age limit at which a person can marry. However couples with different religious backgrounds often face problems. Religions have different views on marriage. These concepts affect the legal status of marriage. The law affects the status and position of children, marital status, and administration of residence. Therefore, a deep understanding of positive religious and legal perspectives is necessary to resolve these legal issues in a fair and balanced manner.
Indonesia's Response to Rohingya Refugees in the Perspective of International Law in 2023 Siregar, May Proma Rizky
The Easta Journal Law and Human Rights Vol. 2 No. 02 (2024): 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.v2i02.197

Abstract

The focus of this research aims to examine how Indonesia's response to Rohingya refugees in the perspective of International Law in 2023. This research uses a qualitative approach with a case study method, after obtaining and researching existing datasets, an evaluation is carried out using qualitative analysis methods. The findings of this research explain Indonesia's response to the Rohingya refugees that occurred in mid-November 2023 with a focus on the perspective of international law. Although Indonesia has not ratified the 1951 Refugee Convention and 1967 Protocol, it has demonstrated engagement that reflects a commitment to the relevant principles of international law. The Indonesian government has given a mandate to UNHCR to handle the protection of Rohingya refugees, Indonesia also seeks international cooperation in dealing with this Rohingya refugee problem, the Indonesian government accepts Rohingya refugees openly because the basis of humanity is stated in Pancasila and the 1945 Constitution as the basis of this country. In addition, Indonesian positive law which contains Article 3 of Presidential Regulation 125/2016 related to the handling of refugees from abroad, and Indonesian national law also contains policies for handling asylum and refugees stipulated in Article 26 of Law 37/1999 as well as the application of the principle of non-refoulement which is applied without exception as the basis for providing assistance and protection to Rohingya refugees.
Bibliometric Study on Consumer Protection Law in the Global Business Context Judijanto, Loso
The Easta Journal Law and Human Rights Vol. 2 No. 02 (2024): 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.v2i02.207

Abstract

This bibliometric study delves into the realm of consumer protection law within the global business context, offering a comprehensive analysis of its historical evolution, research themes, temporal trends, influential authors, and prospective research directions. Spanning from 1951 to 2024 and encompassing 980 papers with 6,312 citations, the study illuminates the intricate web of academic literature. It identifies clusters of research themes, showcasing the field's interdisciplinary nature, and sheds light on emerging topics such as data protection and Islamic law in consumer protection. Notable authors and collaborations are highlighted, providing insights for scholars and policymakers, and emphasizing the global perspective in addressing consumer rights challenges in today's interconnected world.

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