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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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Civil Remedies for Environmental Damage: Exploring the Effectiveness of Carbon Trading as a Tool for Restoration in Indonesia Rahmawati, Diah Ayu; Haryono, Haryono; Endarto, Budi; Soraya, Joice; Munawaroh, Siti
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.v3i02.436

Abstract

This paper discusses the effectiveness of carbon trading as a civil remedy for environmental damage in Indonesia through a juridical normative analysis. The research explores Indonesia's legal framework governing carbon trading, its implementation, and its alignment with principles such as "polluter pays" and sustainable development. The key findings profile the potential of carbon trading in financing environmental restoration, for example, reforestation and peatland rehabilitation, but are faced by challenges such as regulatory gaps, low institutional capacity, and issues of transparency. This study calls for integration of legislative reforms, increased oversight, and coordination from all stakeholders toward the best implementation of carbon trading for environmental degradation. Coupling carbon trading with civil liability mechanisms is advanced here as a means to enhance accountability and restoration outcomes.
Realizing Participatory Democracy through Student Presidential Election at Institute Technology Muhammadiyah Sumatra as a Reflection of Indonesian Democracy Values Rama, Kris Suspon
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.v3i02.438

Abstract

The election of the Student President (Presma) and Student Vice President (Vice President) at the Institute Technology Muhammadiyah Sumatra (ITMS) reflects the practice of participatory democracy that is in line with Indonesian democratic values. This study aims to analyze the essence, implementation, and praxis of democracy in the context of the election of Presma and Vice President as a miniature of national democracy. The research method applied is a qualitative study with an analytical descriptive approach, involving field data analysis, interviews, and literature studies. The results of the study show that this election not only strengthens student involvement in the decision-making process, but also becomes a forum for learning democracy that reflects active participation, transparency, and accountability. This study recommends improving the electoral system to further strengthen the practice of participatory democracy in the university (campus) environment.
Evaluating the Effectiveness of Sanctions in Indonesia's Illegal Logging Law: A Normative Juridical Approach to Strengthening Environmental Protection Rahmawati, Diah Ayu; Haryadi, Wahyu Tris; Haryono, Haryono; Endarto, Budi; Sumaryanto, Djoko
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.v3i02.464

Abstract

This study evaluates the effectiveness of sanctions within Indonesia's legal framework for addressing illegal logging, focusing on the implementation of Law No. 18 of 2013 on Prevention and Eradication of Forest Destruction. Using a normative juridical approach, the research examines the current legal sanctions, their enforcement, and their impact on forest conservation efforts. Findings indicate that while the legal provisions establish substantial penalties, the application of sanctions suffers from inconsistency, corruption, weak enforcement mechanisms, and inadequate institutional capacity. Comparative analysis with international best practices reveals potential improvements, such as the use of satellite monitoring, stronger corporate accountability, and community-based forest management. The study proposes a series of policy recommendations, including the enhancement of penalties, the integration of advanced monitoring technologies, and the promotion of restorative justice practices. By addressing these gaps, Indonesia can strengthen its efforts to combat illegal logging and ensure more effective environmental protection.
Juridical Analysis of Data Sovereignty in the Era of Digital Economy in Indonesia Judijanto, Loso; Suwarna, A. Idun; Putra, Irman
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.v3i02.468

Abstract

The rapid growth of digital platforms has given rise to new challenges in the protection of privacy rights, particularly in cases of digital slander. This study explores the intersection of privacy protection and digital slander dissemination in Indonesia, focusing on the impact of post-truth dynamics. Using a normative juridical approach, the research examines Indonesia’s legal framework, including the 1945 Constitution, the Electronic Information and Transactions Law (ITE Law), and the Personal Data Protection Law (PDPL), to evaluate the effectiveness of legal mechanisms in safeguarding individuals' privacy in the digital space. The study identifies key gaps in privacy protection, particularly in the context of the post-truth environment, where misinformation and emotional manipulation often overshadow factual accuracy. Comparative analysis with international legal frameworks highlights best practices that could inform reforms in Indonesia. The study concludes with recommendations for legal reforms aimed at enhancing privacy protection and addressing the complexities of digital slander in the era of post-truth.
Criminal Law Arrangements in Handling the Spread of Social Media Bot-Based False Information in Indonesia Judijanto, Loso; Putra, Irman; Sumarni, Sumarni
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.v3i02.469

Abstract

This study examines the legal arrangements in Indonesia for handling the spread of false information through social media bots, employing a normative juridical analysis. The proliferation of disinformation through automated bots has become a significant challenge to public trust, social cohesion, and democratic processes. This paper explores the adequacy of existing legal frameworks, such as the Information and Electronic Transactions Law (ITE Law), the Indonesian Penal Code, and the Election Law, in addressing bot-generated false information. The study identifies key challenges, including technological limitations, legal ambiguities, and jurisdictional issues, and compares Indonesia’s regulatory approach with that of the European Union and the United States. The research highlights the need for clear legal definitions, enhanced platform accountability, improved enforcement capabilities, and greater international cooperation to effectively address this issue. The study concludes with recommendations for legal reforms and increased public awareness to mitigate the adverse impact of social media bots on public discourse in Indonesia.
Implementation of Ethical Artificial Intelligence Law to Prevent the Use of AI in Spreading False Information (Deepfake) in Indonesia Judijanto, Loso; Utama, Andrew Shandy; Setiyawan, Heri
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.v3i02.470

Abstract

The rapid advancement of artificial intelligence (AI) technologies has introduced new challenges, particularly in the creation and dissemination of deepfakes—manipulated media that can deceive viewers into believing false information. In Indonesia, the existing legal frameworks do not specifically address the issue of deepfakes, leaving a gap in the regulation and prevention of AI-generated misinformation. This paper analyzes the legal application of AI ethics in preventing the misuse of deepfakes, using a normative juridical approach to examine current Indonesian laws, ethical standards in AI, and international legal frameworks. The findings highlight the insufficiency of Indonesia's current legal provisions, including the Electronic Information and Transactions (ITE) Law and the Personal Data Protection Law, in addressing deepfake-related issues. The study proposes the introduction of a specific legal framework for deepfakes, integration of AI ethics into national legislation, and international collaboration to mitigate the spread of harmful AI-generated content. By implementing these reforms, Indonesia can better safeguard individuals’ rights and maintain digital media integrity.
Post-Truth Law Analysis of the Protection of Privacy Rights in Cases of Digital Defamation Dissemination in Indonesia Judijanto, Loso; Ahmad, Ahmad; Djuhrijjani, Djuhrijjani; Furqon, Wahyul; Rohaya, Nizla
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.v3i02.471

Abstract

This paper analyzes the protection of privacy rights in Indonesia in the context of digital slander dissemination, framed within the post-truth era. Using a normative juridical analysis, this study evaluates the adequacy and limitations of Indonesia's legal framework, particularly focusing on the Law on Electronic Information and Transactions (ITE Law), in addressing digital defamation. The rise of the post-truth era, characterized by the spread of misinformation and subjective narratives, has exacerbated the challenges in safeguarding privacy rights online. The paper examines legal provisions, case law, and practical enforcement mechanisms to assess how well privacy rights are protected in digital slander cases. Findings highlight the gaps in the current legal framework, including unclear definitions and enforcement challenges. The study also explores the role of social media platforms and suggests potential legal reforms to strengthen privacy protections and hold digital platforms accountable for harmful content. Ultimately, this paper calls for more robust legal definitions, improved law enforcement, and stronger platform accountability to better protect privacy in the digital age.
Civil Law Analysis of the Misuse of Legal Entities for Personal Interests (Piercing the Corporate Veil) in Indonesia Judijanto, Loso; Triyantoro, Andri; Susilo, Anton
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.v3i02.477

Abstract

This paper explores the concept of "piercing the corporate veil" within the context of Indonesian corporate law, focusing on the misuse of legal entities for personal interests. In Indonesia, the separation of a corporation's legal identity from its shareholders and directors typically shields them from personal liability. However, in cases of fraud, misconduct, or abuse, the legal doctrine of piercing the corporate veil allows courts to disregard the corporate entity and hold individuals personally accountable. Through a normative juridical analysis, this study examines relevant legal statutes, judicial decisions, and case law to assess the application of this principle in Indonesia. The paper identifies key factors influencing the decision to pierce the corporate veil, such as fraud, misrepresentation, and evasion of obligations. It also compares Indonesia's approach with international practices, highlighting areas for improvement. The findings indicate that while the concept of piercing the corporate veil is applied in Indonesia under exceptional circumstances, its inconsistent application and lack of a comprehensive legal framework pose challenges to corporate governance and accountability. The study concludes with recommendations for legal reform and enhanced enforcement mechanisms to better address corporate abuse and protect public and stakeholder interests.
Legal Frameworks for Addressing the Human Rights Violations Linked to Illegal Mining: A Call for Government Accountability and Sustainable Solutions. Nodangala, Norless Zibele
The Easta Journal Law and Human Rights Vol. 3 No. 03 (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.v3i03.508

Abstract

The paper aimed to examine the critical intersection between human rights and environmental law, focusing on the urgent implications of governmental inaction regarding illegal miners threatened and killed by starvation underground at the Stilfontein mine in Klerksdorp, North-West. The Constitution of the Republic of South Africa (“The Constitution”) protects human and environmental rights. This paper argues that inefficiencies of government regulation increase such destructive practices, resulting in significant ecological harm and systemic human rights abuses. This paper critically examines governmental negligence and the legal obligations of states regarding human rights and environmental issues. Additionally, the paper advocates for a multidisciplinary approach that integrates human rights with environmental legislation. The study found that though there are legal frameworks around mining, there is no monitoring and accountability of these mining companies. The paper advocates for solid legal frameworks that bridge human rights and environmental protections, emphasising the necessity for governmental accountability in addressing the illicit mining crisis and its implications on vulnerable communities. The author recommends robust legal frameworks to address illegal mining and the economic vulnerabilities driving individuals to illicit activities.
Digital Rights: Feminist Activism of Southeast Asia Freedom of Expression Network (SAFEnet) in Online Gender-Based Violence (GBV) Advocacy Asriasni, Rini
The Easta Journal Law and Human Rights Vol. 3 No. 03 (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.v3i03.604

Abstract

Globalization has brought significant changes in global social life, one of which is the presence of digital technology and online platforms. Technology facilitates transnational relations that are vulnerable to digital rights violations. This research discusses the role of SAFEnet or Southeast Asia Freedom of Expression Network in advocating online gender-based violence (GBV). This research uses the concept of digital activism by Vogt and Chen as an approach to analyze the advocacy of GBV cases by SAFEnet. This research found that SAFEnet conducts digital activism such as organizing collective identities, coordinating networks, producing knowledge, disseminating information, and mobilizing actors.

Page 6 of 9 | Total Record : 88

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