cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
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,
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
 5   6   7   8   9 
Constitutional Review on the State’s Obligation to Provide Equal Access to Education in Indonesia Firmanto, Fakhry; Sutrisno, Hafiz; Lubis, Arief Fahmi
The Easta Journal Law and Human Rights Vol. 4 No. 01 (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.v4i01.782

Abstract

This study examines the constitutional obligation of the Indonesian state to guarantee equal access to education through a juridical normative analysis. Education in Indonesia is not only a social necessity but also a fundamental right enshrined in Article 31 of the 1945 Constitution, which mandates the government to organize and ensure an equitable national education system. The research uses a normative juridical approach by analyzing constitutional provisions, statutory regulations, and Constitutional Court decisions related to education and equality. The findings reveal that the Constitution provides a strong legal foundation for the right to education and equality before the law, supported by instruments such as Law No. 20 of 2003 on the National Education System and the constitutional requirement of allocating 20% of the national budget to education. However, challenges persist in implementation, including regional disparities, unequal resource distribution, and weak legal enforcement mechanisms. The study concludes that the realization of educational equality requires stronger legal accountability, equitable fiscal policy, and institutional consistency between constitutional norms and their practical execution. Strengthening constitutional integrity through judicial oversight and human rights–based education policies is essential to achieving the constitutional goal of “educating the life of the nation”.
Legal Perspective on Data Privacy Protection as a Human Right in Indonesia Palit, Silvester Magnus Loogman; Purba, Tumian Lian Daya
The Easta Journal Law and Human Rights Vol. 4 No. 01 (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.v4i01.783

Abstract

This study examines the legal perspective on data privacy protection as a human right in Indonesia through a normative juridical approach. The increasing use of digital technology and the proliferation of personal data collection have intensified concerns over the misuse of personal information and inadequate legal safeguards. The research analyzes Indonesia’s constitutional provisions, statutory frameworks—including Law No. 27 of 2022 on Personal Data Protection (PDP Law)—and their alignment with international human rights instruments such as the Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil and Political Rights (ICCPR). Findings indicate that Indonesia has made substantial progress in establishing a legal foundation for data privacy through the PDP Law, which emphasizes principles of consent, transparency, and accountability. However, implementation challenges remain, particularly in institutional enforcement, public awareness, and regulatory coordination. The study concludes that effective protection of data privacy requires not only strong legal frameworks but also a rights-based approach that upholds human dignity, ensures government accountability, and promotes digital justice in the information age.
Protection of Children’s Personal Data (CPD) in the Digital Environment, Legal Obligations of Online Platforms (OPs) in Indonesia Nurhabibah, Nurhabibah; Iwari, Dian Puspa; Istiarsyah, Istiarsyah
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.v4i02.924

Abstract

The rapid expansion of the digital environment has intensified the collection and processing of children’s personal data by online platforms, raising significant legal concerns regarding privacy and child protection. This study examines the protection of Child Personal Data (CPD) in Indonesia by focusing on the legal obligations of Online Platforms (OP) within the digital ecosystem. Employing a normative juridical approach, the research analyzes statutory regulations on personal data protection, electronic systems, and child protection to assess their coherence and effectiveness. The findings indicate that although Indonesia has established a legal foundation recognizing children as a vulnerable group requiring heightened data protection, regulatory fragmentation, limited operational guidance, and enforcement challenges remain. In particular, ambiguities related to consent mechanisms, age verification, accountability standards, and cross-border platform operations weaken the practical protection of children’s data. This study concludes that clearer, more specific, and enforceable legal obligations for online platforms are necessary to ensure effective CPD protection and to strengthen children’s rights in Indonesia’s digital environment.
Online Platform Intermediary Liability under the Electronic Information and Transactions (ITE) Law, Freedom of Expression (FoE) Safeguards in Indonesia Lubis, Arief Fahmi
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.v4i02.923

Abstract

The increasing reliance on online platforms as primary spaces for public communication has intensified legal debates on intermediary liability and freedom of expression in Indonesia. This study examines the legal construction of online platform intermediary liability under the Electronic Information and Transactions (ITE) Law and its implications for freedom of expression safeguards using a normative juridical approach. Through analysis of statutory provisions, implementing regulations, constitutional principles, and relevant legal doctrines, the study finds that the ITE Law adopts a conditional intermediary liability model that remains broadly formulated and lacks clear standards of responsibility. Such ambiguity encourages risk-averse compliance by online platforms and increases the likelihood of overblocking and chilling effects on lawful expression. The results further indicate that the delegation of content control to private platforms, combined with limited procedural safeguards and judicial oversight, poses challenges to the effective protection of freedom of expression. This article argues that clearer liability standards, explicit safe harbor mechanisms, and strengthened due process protections are necessary to ensure proportional regulation of online content while maintaining alignment with constitutional guarantees and international human rights norms.
Hate Speech and Offensive Speech in Indonesian Law, Alignment with the Rabat Plan of Action (RPA) Febryani, Evy
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.v4i02.941

Abstract

The regulation of hate speech and offensive speech has become a critical issue within Indonesian law, particularly in the context of expanding digital communication and increasing public discourse on social media platforms. This study aims to examine the normative construction of hate speech and offensive speech in Indonesian legal frameworks and to assess their alignment with the Rabat Action Plan (RPA) through a normative juridical analysis. The research employs doctrinal methods by analyzing statutory provisions, legal principles, and international human rights standards, focusing on the six-part threshold test of the RPA, which includes context, speaker, intent, content or form, extent of dissemination, and likelihood of harm. The findings indicate that Indonesian law demonstrates a strong commitment to maintaining public order and social harmony; however, several legal provisions remain broadly formulated, creating potential overlap between hate speech and offensive speech. The absence of a structured analytical framework may lead to inconsistent interpretation, particularly regarding intent and demonstrable harm. Comparative analysis reveals that while Indonesian regulations share similar objectives with the RPA, greater emphasis on proportionality, contextual assessment, and clear legal thresholds is needed to ensure compatibility with international human rights standards. This study contributes to the discourse on legal harmonization by offering a normative evaluation of speech regulation in Indonesia and highlighting the importance of balancing freedom of expression with the protection of vulnerable groups in the digital era.
A Critical-Hermeneutic Analysis of Shadow Politics Representation in the Godfather Trilogy D, Vita Balqis; Santoso, Prasetya Yoga
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.v4i02.943

Abstract

This study examines the representation of shadow politics in The Godfather trilogy using a critical-hermeneutic approach grounded in Paul Ricoeur’s narrative theory of Mimesis I–III. Shadow politics is conceptualized as informal power practices operating outside formal state institutions yet significantly shaping political decisions, legitimacy, and resource distribution. Employing qualitative narrative analysis, this study analyzes selected scenes, dialogues, and visual symbols from The Godfather (1972), The Godfather Part II (1974), and The Godfather Part III (1990) as political communication texts. Data analysis follows Miles and Huberman’s interactive model, complemented by Lasswell’s political communication framework to map actors, messages, channels, and effects within shadow power dynamics. The findings reveal that the mafia in the trilogy functions as a non-state political actor that substitutes and penetrates state functions, including justice, security, economic regulation, diplomacy, and leadership succession. Through Mimesis II, the films configure a parallel governance system sustained by patronage, loyalty, symbolic legitimacy, and controlled violence, while Mimesis III demonstrates how audiences may normalize or legitimize such informal power structures. Reflecting on the Indonesian political context after the 2024 elections, this study argues that The Godfather offers a critical lens to understand contemporary shadow political communication in transitional democracies, where procedural legality coexists with elite-driven informal decision-making. The study contributes conceptually by proposing the notion of shadow logic as a shared mindset underlying both criminal and formal political actors, enriching political communication and film studies by positioning cinema as a laboratory for critical analysis of power beyond formal institutions.
Critical Discourse Analysis of the Indonesian Exemplary Father Movement (Gati) Campaign on Instagram @Gatikemendukbangga P., Retno Dewanti; Lusianawati, Hayu
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.v4i02.944

Abstract

This study analyzes the digital campaign of the Indonesian Exemplary Father Movement (Gerakan Ayah Teladan Indonesia/GATI) on Instagram as a discursive practice that constructs meanings of fatherhood within contemporary Indonesian society. Using Norman Fairclough’s Critical Discourse Analysis (CDA) framework, this research examines three interrelated dimensions: textual representation, discursive practices, and social practices. The data consist of fifteen purposively selected Instagram posts published between September and December 2025 on the official @gatikemendukbangga account, including captions, visuals, hashtags, and public interactions. The findings reveal that the GATI campaign consistently frames fatherlessness as a psychosocial and national crisis through emotional metaphors and affective visuals, while simultaneously constructing the figure of the “exemplary father” as emotionally present, morally responsible, and central to family resilience and human development. At the level of discursive practice, the campaign demonstrates strong institutional control through standardized narratives, visual styles, and participatory calls to action that encourage normative internalization rather than critical debate. At the level of social practice, the campaign operates as a form of symbolic governance, where the state rearticulates masculinity by promoting caring fatherhood while maintaining paternal centrality within a patriarchal framework. This study contributes to critical communication and fatherhood studies by positioning state-led digital campaigns as sites of ideological negotiation, highlighting how public policy discourse shapes family norms, gender relations, and moral subjectivity in the digital public sphere.
Thorium Energy for Net Zero Emission: the Opportunities, Challenges, and Legal Issues Hapsoro, Hermanus Wim
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.v4i02.878

Abstract

The issue of Indonesia's reliance on fossil fuels as a primary energy source is a matter of significant concern, particularly in light of the nation's substantial energy demands. The necessity for novel energy sources that can serve as reserves for the country is therefore paramount. The recent discovery of the element thorium, a constituent of nuclear radioactive energy sources, has elevated it to a position of prominence in the realm of sustainable energy sources. To date, no nation has successfully implemented the use of thorium energy; however, numerous studies have been conducted to encourage its development. The present scientific article was prepared using a doctrinal research approach, based on a comprehensive review of the extant literature. The subsequent analysis and organisation of the data collected results in the formulation of structural ideas, which are then explicated through a descriptive-analytical framework. The results of the discussion on this topic concentrate on the evaluation of the potential of thorium as an energy source and the necessity of thorium regulation in Indonesian positive law. The development of thorium in the future is identified as a sustainable aspect that can contribute to the achievement of Indonesia Net Zero Emission.

Page 9 of 9 | Total Record : 88

 5   6   7   8   9 

Filter by Year

2022 2026


Reset
Filter By Issues
All Issue Vol. 4 No. 02 (2026): The Easta Journal Law and Human Rights (ESLHR) Vol. 4 No. 01 (2025): The Easta Journal Law and Human Rights (ESLHR) Vol. 3 No. 03 (2025): The Easta Journal Law and Human Rights (ESLHR) Vol. 3 No. 02 (2025): The Easta Journal Law and Human Rights (ESLHR) Vol. 3 No. 01 (2024): The Easta Journal Law and Human Rights (ESLHR) Vol. 2 No. 03 (2024): The Easta Journal Law and Human Rights (ESLHR) Vol. 2 No. 02 (2024): The Easta Journal Law and Human Rights (ESLHR) Vol. 2 No. 01 (2023): The Easta Journal Law and Human Rights (ESLHR) Vol. 1 No. 03 (2023): The Easta Journal Law and Human Rights (ESLHR) Vol. 1 No. 02 (2023): The Easta Journal Law and Human Rights (ESLHR) Vol. 1 No. 01 (2022): The Easta Journal Law and Human Rights (ESLHR) More Issue