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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 88 Documents
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A Bibliometric Analysis of Legal Approaches to Personal Data Protection Judijanto, Loso; Solapari, Nuryati; Karauwan, Donny Eddy Sam
The Easta Journal Law and Human Rights Vol. 2 No. 03 (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.v2i03.285

Abstract

This study employs bibliometric analysis to explore the expansive field of data privacy and security, utilizing data extracted from VOSviewer to identify thematic clusters, discern research trends, evaluate research opportunities, and analyze author collaboration networks. The analysis reveals several key thematic areas, including data security, legal frameworks, information privacy, and technological challenges associated with big data. These themes have evolved over time, demonstrating a shift from foundational legal principles to addressing complex technological and demographic-specific challenges, such as those related to children's data privacy. The study highlights significant concentrations of research activity as well as less explored areas that offer new opportunities for research, such as the legal status of data and specific privacy concerns that are under-represented in current literature. Furthermore, the author collaboration network provides insights into the structure of the research community, showing both dense clusters of collaboration and potential for new entrants to establish niches in emerging topics. This bibliometric perspective not only elucidates the current landscape of data privacy and security research but also points to future directions that can enhance the field's development.
Telemedicine: International Law Comparison Aris Prio Agus Santoso; Soares, Domingos; Fauzi, Fazlin; Amallia, Sabrina Difa
The Easta Journal Law and Human Rights Vol. 2 No. 03 (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.v2i03.286

Abstract

The main problems in telemedicine include the lack of uniformity in international regulations, limited technological infrastructure in some countries, and data protection and patient privacy. Additionally, legal responsibilities and malpractice risks have not been standardized. Gaps in access to services, especially in remote areas, and ethical challenges and quality standards are also obstacles. The purpose of this research is to find out international legal considerations regarding the use of Telemedicine and find solutions to overcome Telemedicine legal issues. This research uses a normative juridical approach with an emphasis on comparative studies. The results of the research were then analyzed qualitatively. Based on research results, show that Telemedicine is regulated differently in various countries. In Indonesia, it is regulated by Minister of Health Regulation Number 20 of 2019 for diagnosis, treatment, and continuing education with service costs borne by the health facility. Malaysia has a Telemedicine Act 1997, focused on follow-up care and drug prescriptions, growing rapidly in the private sector during the COVID-19 pandemic. Argentina published telehealth guidelines in 2019 and 2022, requiring health insurance companies to adopt teleconsultation platforms. Austria through the TeleHealth Commission since 2013 regulates telemonitoring, teletherapy, teleconciliation, and teleconferencing with strict data protection laws. Mexico integrates telehealth in general health services, regulated by IMSS and ISSSTE, while Russia regulates through the Health Protection Law with strict IT requirements. International telemedicine legal solutions require harmonization of regulations, personal data protection, information security standards, recognition of professional licenses, dispute resolution mechanisms, and legal liability regulations. Education and public awareness are essential to overcome these challenges, supported by international cooperation that strengthens the global legal infrastructure of telemedicine.
Legal Analysis of the Notary's Role in Protecting Client Personal Data Hayati, Principia Prima Shafa; Nur Rahmat; Jaenudin Umar; Solichin, Solichin
The Easta Journal Law and Human Rights Vol. 3 No. 01 (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.v3i01.306

Abstract

Notaries, empowered to create authentic deeds, require client personal data to perform their duties, making this information vulnerable to misuse if not properly secured. This paper examines the obligations of notaries in protecting client data under the Personal Data Protection Act No. 27 of 2022. Using doctrinal legal research methods, it explores data protection principles, the legal framework for client rights, and how these responsibilities align with notarial duties. Findings reveal that privacy is central to data protection, with the 2022 Act providing a legal foundation for notaries to safeguard client information, emphasizing the importance of maintaining confidentiality in all deed-related activities. The Personal Data Protection Act supports notaries’ roles as data controllers and processors, linking these duties with the authority granted under the Notary Position Act. The synergy between these laws ensures that clients' data rights are upheld, and notarial responsibilities are reinforced within the legal framework.
An Analysis of the Gap Between Data Protection Regulations and Privacy Rights Implementation in Indonesia Judijanto, Loso; Solapari, Nuryati; Putra, Irman
The Easta Journal Law and Human Rights Vol. 3 No. 01 (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.v3i01.351

Abstract

This paper analyzes the gap between data protection regulations and the implementation of the right to privacy in Indonesia from a juridical normative perspective. Despite the enactment of the Personal Data Protection (PDP) Law in 2022, significant challenges remain in ensuring the protection of personal data. These challenges include vague legal definitions, limited enforcement mechanisms, and insufficient provisions for regulating emerging digital technologies such as artificial intelligence and big data. Additionally, public awareness of privacy rights remains low, further exacerbating the ineffective implementation of the law. Through a comparative analysis with international frameworks like the GDPR, this paper highlights key areas for improvement in Indonesia's data protection landscape. Recommendations include establishing a centralized data protection authority, enhancing legal provisions for technological advancements, and increasing public engagement to ensure the effective protection of privacy rights in the digital age.
The Impact of Hate Speech Regulations on Freedom of Expression an Indonesian Legal Perspective Muslim, Shohib; Solapari, Nuryati
The Easta Journal Law and Human Rights Vol. 3 No. 01 (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.v3i01.352

Abstract

This paper explores the impact of hate speech regulation on freedom of expression in Indonesia from a juridical perspective. The study focuses on the legal framework, including the Electronic Information and Transactions Law (UU ITE) and the Indonesian Penal Code (KUHP), both of which are central to the regulation of hate speech. Through an analysis of key statutes, court rulings, and case studies, this paper highlights the tension between protecting public order and safeguarding free speech. The findings reveal that vague legal definitions and broad enforcement of hate speech laws have led to selective prosecution, often targeting political dissent and criticism. These issues raise concerns about the erosion of democratic rights and the potential misuse of hate speech laws for political purposes. Recommendations are provided to clarify legal definitions, ensure proportionality in enforcement, and prevent the misuse of these laws in a manner that balances the protection of social harmony with the preservation of freedom of expression.
Assessing the Influence of Social Justice Movements on Public Policy and Community Empowerment in Indonesia Nugraha, Muhammad Valiant Arsi; Lubis, Arief Fahmi
The Easta Journal Law and Human Rights Vol. 3 No. 01 (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.v3i01.353

Abstract

This paper explores the influence of social justice movements on public policy and community empowerment in Indonesia through a juridical analysis. By examining key legal documents, court rulings, and government policies, the study assesses how social justice movements have shaped the legal landscape in areas such as labor rights, environmental protection, and gender equality. The findings reveal that social justice movements have successfully influenced the development of laws and policies aimed at addressing systemic inequalities, though challenges remain in their implementation. Furthermore, the research highlights how these movements have empowered marginalized communities by providing them with the tools and resources to advocate for their rights. The study concludes that while social justice movements have made significant strides in influencing public policy, continuous efforts are needed to ensure effective enforcement and sustained community empowerment.
Analysis of Joint Property Division in Mixed Marriages: A Case Study of The Supreme Court Decision Number 1400 K/Pdt/2017 Perspective of International Private Law Sofiyana, Nurani; Prastyanti, Rina Arum
The Easta Journal Law and Human Rights Vol. 3 No. 01 (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.v3i01.354

Abstract

This study seeks to evaluate the effectiveness of Indonesia's Law Number 1 of 1974 on Marriage, specifically concerning the division of joint property in mixed marriages that involve aspects of international civil law. Supreme Court Decree Number 1400 K/Pdt/2017 offers a key reference point, showcasing how Indonesian law has been applied to govern property division in these cases. The study applies a normative juridical approach to examine legal norms and standards, including legislative analysis of the Marriage Act and the Basic Agrarian Law. It also uses case-based methods to assess international civil law's impact, such as the principle of lex situs, which mandates that immovable property like land be governed by the laws of its location. This Supreme Court ruling reveals an attempt to balance Indonesian law with foreign property rights, ensuring that foreign nationals’ rights are acknowledged in property division. Such cases underscore the importance of reforming Indonesia’s mixed marriage laws to enhance legal clarity and fairness for all parties.
The Role of Carbon Trading in Climate Change Mitigation: A Juridical Analysis of Policies and Regulations in Environmental Law in Indonesia Rahmawati, Diah Ayu; Haryono, Haryono; Endarto, Budi; Soraya, Joice; Nurani, Juli
The Easta Journal Law and Human Rights Vol. 3 No. 01 (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.v3i01.356

Abstract

This paper examines the role of carbon trading in climate change mitigation through a juridical analysis of Indonesia's environmental law and regulatory frameworks. Carbon trading has emerged as a critical tool for reducing greenhouse gas emissions, but its success depends on the strength of the legal and regulatory systems supporting it. By analyzing Indonesia’s Carbon Economic Value policy, environmental laws, and international commitments such as the Paris Agreement, this study identifies key regulatory gaps, overlapping jurisdictional issues, and enforcement challenges. The findings highlight the need for stronger monitoring, reporting, and verification mechanisms, as well as clearer regulatory frameworks to ensure the effectiveness of carbon trading in Indonesia. Recommendations are made to enhance institutional capacity, align national policies with international standards, and promote private sector participation. These improvements are crucial for achieving Indonesia’s emissions reduction targets and contributing to global climate change efforts.
Trademark Dispute Case in International Civil Law (Case Study of PK MARI Decision No.274 PK/Pdt/2003) Ryan, Az Zahra Nashira; Prastyanti, Rina Arum
The Easta Journal Law and Human Rights Vol. 3 No. 02 (2025): 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.v3i02.358

Abstract

Brand disputes in the context of international civil law are increasing in line with the globalization of trade and rapid economic growth. This journal analyzes the Review Decision (PK) No. 274 PK/Pdt/2003 involving a trademark dispute between Prada SA, a leading fashion company from Italy, and PT Manggala Putra Perkasa in Indonesia. This study aims to explore the legal basis used by the Supreme Court in deciding this case as well as the implications of the ruling on trademark protection in international civil law. The research method used is a prescriptive legal approach whose data collection is through literature research and analysis of legal documents. The results show that the Supreme Court relies on previous jurisprudence and international treaties, such as the Paris Convention for the Protection of Industrial Property, in providing decisions in favor of the protection of well-known brands. This ruling emphasizes the importance of good faith in trademark registration and provides stronger legal protection for well-known brands than ordinary marks. The implications of this decision are very significant, the target is not only brand owners, but also consumers and stakeholders in the Indonesian business world. This increase in protection is expected to create a more favorable investment environment and increase foreign investors' confidence in the Indonesian market. This finding is expected to be a reference for policymakers and legal practitioners in an effort to strengthen the protection of intellectual property rights in Indonesia and other countries.  
Discourse on the Coretax System in Indonesia: A Study of Legal Certainty and Guarantees for Taxpayers Arifin, Dharmawan; Santoso, Aris Prio Agus; Poniman, Poniman
The Easta Journal Law and Human Rights Vol. 3 No. 02 (2025): 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.v3i02.413

Abstract

Digitalization of Taxation in Indonesia refers to the process of utilizing digital technology and electronic systems to manage, process, and report tax obligations. The Directorate General of Taxes (DGT) employs various applications such as e-Filing, e-Billing, e-Invoice, and other supporting applications. However, one of the main issues is the lack of integration between these applications, leading to unachieved taxpayer compliance, insufficient legal certainty, and weak legal protection guarantees. Enhancing integrated tax digitalization through the Coretax application offers an easy and efficient solution for taxpayers. This study aims to analyze the implementation of the Core Tax Administration System (CTAS) within the Coretax application to improve the number of compliant taxpayers in Indonesia, ensure legal certainty, and provide guarantees for the protection of taxpayers' personal data. The research employs a qualitative method through normative studies and journals related to CTAS. The results of the study are as follows: the ease of use of the Coretax application and its adherence to existing legal frameworks in business processes effectively increase the number of compliant taxpayers. Additionally, incorporating integrated and comprehensive legal foundations for CTAS, such as Presidential Regulation No. 40 of 2018 and Minister of Finance Regulation No. 81 of 2024, enhances legal certainty. Furthermore, the guarantee of data protection through the Personal Data Protection Law (PDP Law) and relevant international regulations ensures the confidentiality of participants' data.

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