cover
Contact Name
Andry Wikra Wardhana Mamonto
Contact Email
publications@arteslibres.org
Phone
-
Journal Mail Official
publications@arteslibres.org
Editorial Address
ARTES LIBRES INSTITUTUM Bukit Baruga, No. 16, Antang, Manggala Kota Makassar, Sulawesi Selatan Indonesia
Location
Kota makassar,
Sulawesi selatan
INDONESIA
Journal of Transformative Legal and Social Studies
ISSN : -     EISSN : 31637302     DOI : -
Core Subject :
The Journal of Transformative Legal and Social Studies is an international peer-reviewed scholarly journal dedicated to advancing critical and interdisciplinary studies on the dynamic relationship between law, society, and transformative social change. The journal provides an academic platform for the dissemination of original research, theoretical analyses, empirical studies, and policy-oriented discussions that examine how legal systems interact with social structures, institutions, and movements in shaping equitable and sustainable societies. The journal particularly emphasizes transformative approaches to legal and social studies that challenge conventional paradigms, address structural inequalities, and promote justice, democracy, human rights, and social inclusion at local, national, regional, and global levels. It welcomes contributions from scholars, researchers, legal practitioners, policymakers, and interdisciplinary academics whose works engage with contemporary legal and societal issues through critical, comparative, socio-legal, normative, and empirical perspectives.
Arjuna Subject : -
Articles 5 Documents
Algorithmic Discrimination and Legal Responsibility: Regulating AI in Employment and Law Enforcement Juliana Ferreira; Nicole Yeo; Antoine Dubois
Journal of Transformative Legal and Social Studies Vol. 1 No. 1 (2025): Journal of Transformative Legal and Social Studies, April 2025
Publisher : Artes Libres Institutum

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The integration of artificial intelligence (AI) into employment screening and law enforcement decision-making has led to rising concerns about algorithmic discrimination and the opacity of automated processes. This paper critically examines how existing legal frameworks in the United States, the European Union, and Brazil address the challenges posed by AI-driven systems that disproportionately impact marginalized groups. While regulatory efforts such as the EU AI Act and Brazil’s General Data Protection Law signal progress, this study reveals significant gaps in legal accountability, transparency, and the enforceability of anti-discrimination norms in algorithmic contexts. The novelty of this research lies in its comparative analysis of global legal responses, coupled with an interdisciplinary framework that incorporates legal theory, critical race studies, and data justice perspectives. Unlike existing studies that treat AI bias as a technical glitch, this paper repositions algorithmic discrimination as a structural legal issue rooted in socio-political inequalities. It argues that prevailing regulatory models fail to account for the embeddedness of historical biases within datasets and institutional practices. The paper contributes to international legal scholarship by proposing a rights-based approach to AI governance that centers on due process, legal redress, and participatory oversight. It calls for a rethinking of liability standards and transparency obligations in algorithmic systems. In doing so, it advances the global debate on digital justice and provides actionable recommendations for developing inclusive, equity-centered regulatory frameworks across jurisdictions.
Climate Justice and the Law: Legal Mechanisms for Protecting Climate Refugees in the Global South Lukas Müller; Marta Sánchez; Sofia Conti; Nabilah Ismail; Leila Ben Mansour
Journal of Transformative Legal and Social Studies Vol. 1 No. 1 (2025): Journal of Transformative Legal and Social Studies, April 2025
Publisher : Artes Libres Institutum

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Climate-induced displacement is rapidly emerging as one of the most pressing humanitarian crises of our time, yet international legal frameworks remain ill-equipped to address the plight of climate refugees. This paper investigates the legal invisibility of climate-displaced persons within the 1951 Refugee Convention and other international human rights instruments. Through case studies in the Pacific Islands, Bangladesh, and Sub-Saharan Africa, the paper examines national and regional responses to environmentally induced migration and assesses their effectiveness in offering legal protection and human security. The novelty of this study lies in its focused legal analysis of climate displacement from the perspective of the Global South—an angle often marginalized in global legal discourse. Unlike existing literature that primarily offers normative arguments for reform, this paper systematically evaluates concrete legal gaps and proposes a rights-based framework grounded in environmental justice, international solidarity, and climate reparations. This research contributes to the expanding field of climate justice by reframing climate-induced migration as a legal and ethical issue of global inequality, rather than merely a humanitarian challenge. It critically engages with international debates surrounding state responsibility, climate finance, and the need for a new international treaty or legal recognition of climate refugee status. The paper concludes with policy recommendations that emphasize the urgency of integrating climate displacement into global migration governance, with an emphasis on legal dignity, human rights, and equitable burden-sharing.
Reproductive Rights Under Siege: The Global Backslide on Abortion Laws and Its Social Impact Felix Schmidt; Eva Zimmermann; Sofia Oliveira
Journal of Transformative Legal and Social Studies Vol. 1 No. 1 (2025): Journal of Transformative Legal and Social Studies, April 2025
Publisher : Artes Libres Institutum

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

In recent years, several countries have witnessed a significant rollback of reproductive rights, particularly concerning access to safe and legal abortion. This paper analyzes this global regression through a comparative socio-legal study of abortion law reforms in the United States, Poland, and selected Latin American countries. It explores how populist politics, religious conservatism, and patriarchal legal cultures have converged to curtail reproductive autonomy, despite international commitments to gender equality and health rights. The novelty of this paper lies in its cross-regional legal analysis that connects the rollback of abortion rights to broader socio-political trends, including democratic backsliding and shrinking civic space. While much of the literature treats abortion law as a domestic matter, this study situates reproductive rights within international legal debates on bodily autonomy, gender justice, and human rights universality. The research contributes to feminist legal scholarship by arguing that the erosion of abortion access is not only a health crisis but a structural legal injustice with wide-reaching social impacts—particularly for poor, rural, and minority women. It calls for renewed international legal advocacy and solidarity across jurisdictions, emphasizing the need to embed reproductive rights within binding human rights frameworks and regional legal mechanisms. The paper concludes by offering strategic legal and policy pathways for restoring reproductive autonomy, including transnational litigation, rights-based constitutionalism, and feminist legal mobilization.
Decolonizing International Human Rights Law: Rethinking Universality from the Global South Ridwan Arifin; Per Nilsson; Teresa Ruiz; Souad Ezzerouali
Journal of Transformative Legal and Social Studies Vol. 1 No. 1 (2025): Journal of Transformative Legal and Social Studies, April 2025
Publisher : Artes Libres Institutum

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

International human rights law is often celebrated for its universal principles, yet its doctrinal foundations remain deeply shaped by Eurocentric legal traditions and postcolonial power dynamics. This paper critically examines the colonial genealogy of key human rights instruments and institutions, arguing that the prevailing model of universality often excludes indigenous, communal, and non-Western legal epistemologies. Drawing on case studies from Africa, Southeast Asia, and Latin America, the paper highlights how Global South actors have both resisted and reinterpreted international human rights law to reflect local norms of justice and dignity. The novelty of this research lies in its methodological approach, which integrates postcolonial legal theory, legal pluralism, and comparative constitutional analysis to interrogate the foundational assumptions of universality. Rather than rejecting the human rights project altogether, the paper advocates for a transformative approach that centers legal pluralism and intercultural dialogue. This contribution is timely in the context of growing international debate on the legitimacy, effectiveness, and inclusivity of the human rights system. It offers a critical intervention into global legal discourse by proposing a decolonial framework that affirms both the contextual relevance and global applicability of human rights. The paper concludes by calling for institutional reforms within the United Nations system and a shift toward multi-normative understandings of human rights grounded in historical accountability and epistemic justice.
Digital Authoritarianism and the Erosion of Civil Liberties: A Comparative Legal Study of Surveillance Laws in China, India, and the United States Joshua Lee; Zhang Mei; Kunal Mehta
Journal of Transformative Legal and Social Studies Vol. 1 No. 1 (2025): Journal of Transformative Legal and Social Studies, April 2025
Publisher : Artes Libres Institutum

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

As governments increasingly adopt digital surveillance technologies, concerns are mounting over the erosion of civil liberties and democratic accountability. This paper conducts a comparative legal analysis of surveillance frameworks in China, India, and the United States—three major powers with distinct legal systems but converging practices in state surveillance. It explores how legal justifications of national security, public order, and counterterrorism are used to expand state control over digital spaces, often at the cost of privacy, freedom of expression, and minority rights. The novelty of this research lies in its juxtaposition of authoritarian and democratic regimes to reveal a troubling global convergence toward digital authoritarianism. Rather than focusing solely on authoritarian states, this paper interrogates how even liberal democracies are adopting surveillance measures that bypass judicial oversight and erode constitutional protections. This paper contributes to global debates on technology, law, and governance by framing digital surveillance as a trans-systemic legal issue rather than a regime-specific anomaly. It critiques the inadequacy of current international human rights frameworks in regulating surveillance technologies and proposes a set of normative and legal principles to safeguard digital civil liberties. By offering a cross-jurisdictional analysis grounded in constitutional law, human rights theory, and digital ethics, this study calls for an urgent international legal response to surveillance overreach. It concludes with policy recommendations for building a rights-based global regulatory framework, including stronger transparency obligations, oversight mechanisms, and digital rights treaties.

Page 1 of 1 | Total Record : 5