cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Khairuddin
Contact Email
khairuddinazka15@gmail.com
Phone
+6282286180987
Journal Mail Official
hrj@abdurraufinstitute.org
Editorial Address
Jl. Perjuangan Tanah Bara,No. 14, Gunung Meriah, Aceh Singkil- Aceh, 24784, Indonesia
Location
Kab. aceh singkil,
Aceh
INDONESIA
Human Rights et Justicia
Published by Yayasan Abdurrauf Cendekia Nusantara
ISSN : 31237886     EISSN : 31242383     DOI : 10.70742/hrj
Core Subject :
Human Rights et Justicia (p-ISSN: 3123-7886; e-ISSN: 3124-2383) is a peer-reviewed academic journal that provides a critical and interdisciplinary platform for the dissemination of scholarly works on human rights and justice within diverse legal systems. The journal is dedicated to advancing rigorous discussions on the protection of human dignity, the realization of justice, and the development of legal norms in both domestic and international contexts. In an increasingly interconnected global environment, legal developments in one jurisdiction inevitably influence and intersect with others. Human Rights et Justicia responds to this reality by encouraging comparative and transnational legal analyses that explore how human rights principles and concepts of justice are interpreted, implemented, and contested across different legal traditions and socio-cultural settings. The journal seeks to strengthen comparative legal scholarship while maintaining a clear focus on human rights law and justice-oriented legal reasoning. The scope of Human Rights et Justicia encompasses public law, constitutional law, international human rights law, legal theory, legal philosophy, and justice studies, including engagements with Islamic law and other normative legal traditions. The editorial board particularly welcomes interdisciplinary contributions that integrate law with social sciences, humanities, and policy studies, as well as manuscripts that employ comparative methods in legal analysis and adjudication. Human Rights et Justicia is an open-access, double-blind peer-reviewed journal committed to high ethical standards in academic publishing. Emphasizing originality, analytical depth, and contemporary relevance, the journal aims to contribute meaningfully to global scholarly debates on human rights and justice, and to serve as a reputable reference for academics, researchers, and legal practitioners worldwide. Manuscripts submitted to Human Rights et Justicia must strictly adhere to the journal’s author guidelines and formatting standards. Submissions that do not comply with these requirements will be returned without review.
Arjuna Subject : -
Articles 15 Documents
 1   2 
Village Cooperatives as Instruments for the Fulfillment of Economic, Social, and Cultural Rights: A Human Rights-Based Approach Riski Febria Nurita; Rahmad Rafid
Human Rights et Justicia Vol. 2 No. 1 (2026): Human Rights et Justicia
Publisher : Yayasan Abdurrauf Cendekia Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70742/hrj.v2i1.989

Abstract

This study examines the role of village cooperatives as instruments for the fulfillment of economic, social, and cultural rights (ESCR) through a human rights-based approach (HRBA). The study employs normative legal research using statute, conceptual, and documentary policy-case approaches. Primary legal materials include the 1945 Constitution of the Republic of Indonesia, Law No. 25 of 1992 on Cooperatives, the International Covenant on Economic, Social and Cultural Rights (ICESCR), International Labour Organization Recommendation No. 193, and Presidential Instruction No. 9 of 2025 concerning the acceleration of Village/Subdistrict Cooperatives Merah Putih. Secondary materials consist of scholarly literature and official policy documents. Legal materials are analyzed qualitatively through legal interpretation, systematic legal reasoning, and normative-policy analysis. The analysis shows that village cooperatives have a multidimensional human-rights function: they can expand access to work, income, capital, markets, essential goods, social services, and community participation, while also supporting local solidarity and cultural identity. A documentary policy case of the Village/Subdistrict Cooperatives Merah Putih demonstrates both the scale of the policy opportunity and the governance risks. By 19 July 2026, official government monitoring reported 83,381 legally established cooperatives, 80,977 with SIMKOPDES accounts, 60,786 with business identification numbers, 16,868 completed outlets, and 35,476 personnel being prepared for management and support functions. These figures indicate substantial institutional expansion, but they do not by themselves demonstrate the realization of rights. Therefore, cooperative development must be accompanied by participation, accountability, transparency, non-discrimination, empowerment, and effective remedy. The study proposes a rights-based governance framework that links cooperative capacity, inclusive participation, public accountability, and measurable ESCR outcomes
Legal Politics and Legal Development in Indonesia: Institutional Independence, Substantive Justice, and Socio-Legal Realities Namukose Lilian; Absori Absori; Yona Walya
Human Rights et Justicia Vol. 2 No. 1 (2026): Human Rights et Justicia
Publisher : Yayasan Abdurrauf Cendekia Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70742/hrj.v2i1.1016

Abstract

Legal development in Indonesia is constituted by the interplay of political power, institutional structures, and socio-legal conditions, and other socio-legal factors, but these three dimensions are conventionally disconnected in the analysis, where there are limited efforts to address the relationship between these factors in explaining the substance and operational capacity of law. This study probes the political influence on legal development and how institutional and socio-legal factors influence the realization of substantive justice and law's legitimacy. This study employs normative-juridical research combined with socio-legal methodology, supported by conceptual and comparative research. Primary legal materials of constitutional mandates, legislation, regulations and case law are examined in conjunction with secondary legal and scholarly materials via interpretive, thematic and comparative analysis. While Indonesia and Uganda are the major comparative references, discussion of selected features of the United Kingdom, India and South Africa are included. The result demonstrates that political influences influence law through legal and institutional process and formal independence, accountability, capacity and integrity of the legal institutions to effectively implement legal principles. In addition, that formal legal acknowledgment does not necessarily generate substantive justice where institutional deficiencies, social injustice, judicial-linguistic-cultural disparities and implementation gaps are present, and that technological change and transnational legal influence also create additional challenges on the political influence and capacity of law. The main contribution is to establish an integrated model of legal development, conceptualizing legal development as a non-linear process in which political power, institutional capacity and independence, and social factors interact to shape the substantive and operational capacity of law. Such legal development is contingent on the political-institutional-socio-legal contexts on which accountability, institutional integrity, and social and cultural conditions in achieving justice, and the public's welfare.
Constitutional Protection of Children Born Out of Wedlock: Analysis of Constitutional Court Decision No. 46/PUU-VIII/2010 Habibul Umam Taqiuddin; Yuda Martadinata
Human Rights et Justicia Vol. 2 No. 1 (2026): Human Rights et Justicia
Publisher : Yayasan Abdurrauf Cendekia Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70742/hrj.v2i1.1047

Abstract

The legal status of children born out of wedlock in Indonesia has been associated with limitations on civil relations with their biological fathers, raising concerns regarding equality, non-discrimination, and protection of children’s rights. Studies have examined Constitutional Court Decision No. 46/PUU-VIII/2010 as recognition of civil relations between children born out of wedlock and their biological fathers, while the constitutional construction and boundaries of such protection remain insufficiently examined. This study aims to analyze the constitutional construction of protection for children born out of wedlock, the legal implications of Constitutional Court Decision No. 46/PUU-VIII/2010 for Article 43(1) of the Marriage Law, and implications for equality before the law and non-discrimination. This normative study uses statutory, conceptual, and case analysis. Findings demonstrate that constitutional protection is constructed through recognition of children’s rights, equality before the law, and prohibition of discrimination based on birth status. The Constitutional Court’s decision altered the meaning of Article 43(1) by recognizing a civil relationship between a child born out of wedlock and a biological father whose blood relationship can be established through scientific evidence and other recognized means. Such recognition does not place children born out of wedlock in an identical legal position to children born within marriage in family law, but establishes a legal basis for civil rights and legal consequences arising from biological lineage. This study contributes a precise constitutional legal framework distinguishing protection of children’s rights from the legal consequences of parental marital status, thereby strengthening substantive equality and non-discrimination in Indonesian family law
Keadilan sebagai Nilai Dasar Hukum Keluarga Islam: Kajian Filsafat Hukum Islam terhadap Praktik Perkawinan di Indonesia Asrizal Asrizal; Gustian Wahyudi; Nadya Ila Zahroil Hidayah; Nina Elsanty
Human Rights et Justicia Vol. 2 No. 1 (2026): Human Rights et Justicia
Publisher : Yayasan Abdurrauf Cendekia Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70742/hrj.v2i1.1120

Abstract

The concept of justice in Islamic family law has increasingly become the subject of critical debate when confronted with contemporary marital practices in Indonesia, particularly in issues related to polygamy, the minimum age of marriage, and the protection of women's rights. This article examines whether the prevailing concept of justice embodied in Islamic family law, especially as reflected in the Compilation of Islamic Law (Kompilasi Hukum Islam), remains adequate to address contemporary social changes and growing demands for equality. This study aims to formulate a contextual reconstruction of justice in Islamic family law through the perspective of Islamic legal philosophy. Employing normative legal research with a library-based approach, the study analyzes scholarly literature, statutory regulations, the Compilation of Islamic Law, and relevant theories of Islamic legal philosophy. The analysis is grounded in the assumption that justice in Islamic law is dynamic and should be interpreted through the framework of maq??id al-shar?‘ah and substantive justice theory. The findings reveal that the reconstruction of justice in Islamic family law should move beyond a formalistic and text-oriented approach toward a contextual and welfare-oriented paradigm. The study proposes a contextual-substantive justice model, which integrates the principles of protection (?if? al-?uq?q), public welfare (ma?la?ah), gender equity, and human dignity as the primary benchmarks for legal interpretation and formulation. This model serves as the novelty of the study and provides a philosophical foundation for the reform of Islamic family law in Indonesia, enabling legal norms to respond more effectively to contemporary family issues while remaining consistent with the objectives of Islamic law. [Konsep keadilan dalam hukum keluarga Islam kerap dipertanyakan relevansinya ketika dihadapkan pada praktik perkawinan kontemporer di Indonesia, terutama dalam isu poligami, batas usia perkawinan, dan perlindungan hak-hak perempuan. Artikel ini mengkaji apakah konstruksi keadilan yang selama ini digunakan dalam hukum keluarga Islam, khususnya sebagaimana tercermin dalam Kompilasi Hukum Islam (KHI), masih memadai untuk merespons perubahan sosial dan tuntutan kesetaraan yang berkembang di masyarakat Indonesia modern. Penelitian ini bertujuan menganalisis serta merumuskan kembali konsep keadilan dalam hukum keluarga Islam melalui pendekatan filsafat hukum Islam. Penelitian menggunakan metode hukum normatif dengan pendekatan kepustakaan (library research) melalui kajian terhadap peraturan perundang-undangan, Kompilasi Hukum Islam, literatur hukum keluarga Islam, dan teori-teori filsafat hukum Islam. Hasil penelitian menunjukkan bahwa konsep keadilan dalam hukum keluarga Islam tidak dapat dipahami semata-mata sebagai keadilan formal yang berorientasi pada kesamaan hak dan kewajiban secara normatif, tetapi harus direkonstruksi menjadi keadilan substantif yang menempatkan kemaslahatan, perlindungan hak, kesetaraan relasional, dan penghormatan terhadap martabat manusia sebagai tujuan utama hukum. Kebaruan penelitian ini terletak pada formulasi konsep keadilan maq??id?-substantif, yaitu model keadilan yang mengintegrasikan nilai-nilai maq??id al-syar?‘ah, prinsip kesetaraan, dan konteks sosial masyarakat Indonesia sebagai dasar pembaruan hukum keluarga Islam. Model ini menawarkan kerangka konseptual yang lebih responsif terhadap dinamika keluarga Muslim kontemporer tanpa mengabaikan prinsip-prinsip normatif hukum Islam.]
State Failure to Guarantee the Human Right to Health: A Case Study of Food Poisoning in the Free Nutritious Meal (MBG) Program Abdullah Tri Wahyudi; Aprilia Dyah Puspitasari; Ikhsan Rahmat Wakid; Vela Retna Widyastuti
Human Rights et Justicia Vol. 2 No. 1 (2026): Human Rights et Justicia
Publisher : Yayasan Abdurrauf Cendekia Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70742/hrj.v2i1.1141

Abstract

Based on data on the prevalence of stunting in Indonesia, the stunting rate was recorded at 21.60% in 2022, followed by a slight decline to 21.50% in 2023 and a further decrease to 19.80% in 2024. The government has set a target to further reduce the prevalence of stunting to 18%. One of the measures undertaken by the government to reduce stunting while simultaneously supporting the development of the quality and intellectual capacity of the younger generation is the implementation of the Free Nutritious Meals (MBG) Program. However, the implementation of the program has not proceeded entirely as expected. Several problems in the implementation of the MBG Program have affected its beneficiaries, including incidents of food poisoning involving students and teachers. In response to these issues, this study employs a normative juridical legal research method using secondary data obtained from legislation, official government websites, books, journals, articles, and other relevant scholarly works. The collected data were analyzed through several stages, namely data reduction, which involved collecting and selecting relevant data; data display; and drawing conclusions. The findings indicate that the MBG Program constitutes one of the government policies aimed, among other objectives, at supporting efforts to address stunting. Nevertheless, several shortcomings in its implementation have resulted in incidents of food poisoning affecting students and teachers. The fulfillment of the rights of victims of food poisoning associated with the implementation of the MBG Program has not been fully ensured by the government. The rights that have been fulfilled have primarily been limited to physical health recovery, while the psychological recovery of victims has not received adequate attention. Furthermore, victims have not received compensation from the government. In fact, the fulfillment of victims' rights following food poisoning incidents constitutes an integral part of the respect for and protection of human rights. As a follow-up to these incidents, the government, together with the National Nutrition Agency (BGN), has conducted an evaluation of the implementation of the MBG Program with the aim of preventing similar incidents from recurring. In addition to conducting the evaluation, the government has also imposed sanctions in the form of the closure of Nutrition Fulfillment Service Units (SPPG) associated with the occurrence of these incidents.

Page 2 of 2 | Total Record : 15

 1   2 

Filter by Year

2025 2026


Reset
Filter By Issues
All Issue Vol. 2 No. 1 (2026): Human Rights et Justicia Vol. 1 No. 2 (2026): Human Rights et Justicia Vol. 1 No. 1 (2025): Human Rights et Justicia