Indonesian Minority Justice Review
Indonesian Minority Justice Review (e-ISSN: 3164-581X) is a peer-reviewed, open-access academic journal published by COLLEGIUM JUSTICIA INDONESIA in online format (electronic journal). First published in 2024, the journal is issued quarterly in January, April, July, and October. It provides an academic platform for scholars, researchers, legal practitioners, policymakers, and other stakeholders to disseminate research and scholarly perspectives on minority rights, legal recognition, equality, and social justice in Indonesia and other multicultural societies. The journal publishes original research articles, review articles, case studies, conceptual studies, policy analyses, and interdisciplinary scholarly works addressing legal and social issues affecting minority communities. Its scope includes minority rights, discrimination, equality before the law, freedom of religion and belief, ethnicity, gender equality and identity, disability rights, linguistic diversity, cultural rights, citizenship, and access to justice. It also welcomes studies on legal reform, public policy, governance, human rights, and institutional mechanisms for minority protection and social inclusion. The journal encourages interdisciplinary contributions from law and related fields, including political science, sociology, anthropology, religious studies, and international human rights. It aims to promote rigorous academic discussion and practical recommendations that contribute to legal reform, equality, human rights protection, social justice, and inclusive governance. The journal applies a double-anonymous peer-review process and an Open Access Policy, providing free and immediate access to all published articles. Copyright is retained by the authors, and articles are published under the Creative Commons Attribution 4.0 International (CC BY 4.0) License.
Articles
55 Documents
<![CDATA[The Struggle for Recognition: Legal Protections for Ethnic Minorities in Indonesia ]]>
<![CDATA[Zara Evelyne Wiraatmaja]]>;
<![CDATA[Darren Kairo Nassif]]>;
<![CDATA[Leila Alishan Syahir]]>
<![CDATA[ Indonesian Minority Justice Review Vol. 1 No. 1 (2024): January, 2024 ]]>
Publisher : <![CDATA[COLLEGIUM JUSTICIA INDONESIA ]]>
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DOI: 10.65815/4f4y8r91
<![CDATA[This paper explores the legal protections available to ethnic minorities in Indonesia, examining the extent to which the legal framework supports or undermines their rights and recognition. Despite Indonesia’s pluralistic society and legal guarantees of equality, ethnic minorities, particularly in marginalized regions, often face systemic discrimination and exclusion. The study analyzes key laws, including the 1945 Constitution, the Human Rights Law, and regional autonomy laws, to assess their effectiveness in addressing the unique challenges faced by ethnic minority groups. Through a combination of legal analysis, interviews with community leaders, and case studies of specific ethnic groups, the paper highlights instances where legal protections have been insufficient, leading to the continued marginalization of these groups. The findings suggest that while there is a constitutional commitment to ethnic equality, the implementation of these protections is often hindered by local power dynamics, economic interests, and historical biases. The paper concludes by calling for stronger legal enforcement mechanisms, as well as a greater emphasis on cultural recognition and inclusive policymaking, to ensure that ethnic minorities receive the protection and recognition they deserve within Indonesia’s legal system.]]>
<![CDATA[Religious Minorities and Legal Protection: A Critical Review of Indonesia's Religious Freedom Laws ]]>
<![CDATA[Luca Soren Vasilev]]>;
<![CDATA[Amira Soraya Al-Mansoori]]>
<![CDATA[ Indonesian Minority Justice Review Vol. 1 No. 1 (2024): January, 2024 ]]>
Publisher : <![CDATA[COLLEGIUM JUSTICIA INDONESIA ]]>
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DOI: 10.65815/8mr18152
<![CDATA[This paper critically examines the legal protections for religious minorities in Indonesia, focusing on the effectiveness of religious freedom laws in safeguarding minority faiths. Indonesia, a majority Muslim country, officially recognizes six religions, but religious minorities, including Christians, Hindus, Buddhists, and indigenous belief systems, often face discrimination and legal challenges. The study reviews key legal frameworks such as the 1945 Constitution and the Law on Religious Harmony (2006), and assesses their ability to protect religious minorities from discrimination, violence, and marginalization. Through legal analysis and interviews with religious leaders and minority group representatives, the research reveals that while religious freedom is enshrined in law, in practice, many religious minorities struggle with bureaucratic hurdles, local regulations, and societal hostility. The paper also examines high-profile cases of religious intolerance and the role of local governments in either upholding or undermining religious freedoms. The findings suggest that while there are legal protections in place, they are often inadequately enforced, and religious minorities remain vulnerable to exclusion. The paper concludes by proposing reforms aimed at strengthening the legal framework for religious freedom, including more robust anti-discrimination laws and better enforcement mechanisms at the local level.]]>
<![CDATA[The Politics of Exclusion: Discrimination Against Indonesia’s Indigenous Peoples in the Legal System ]]>
<![CDATA[Elias Javier Santiago]]>;
<![CDATA[Hafsa Azhari]]>;
<![CDATA[Kai Andreas Nielsen]]>
<![CDATA[ Indonesian Minority Justice Review Vol. 1 No. 1 (2024): January, 2024 ]]>
Publisher : <![CDATA[COLLEGIUM JUSTICIA INDONESIA ]]>
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DOI: 10.65815/h2xxqs84
<![CDATA[This paper examines the legal and political dynamics that contribute to the systemic discrimination against Indonesia’s indigenous peoples. Despite constitutional guarantees of equality, indigenous communities in Indonesia face significant challenges in securing their rights to land, culture, and political representation. The research focuses on the impact of national development policies, land tenure laws, and environmental regulations on indigenous peoples, particularly in relation to land conflicts with state and corporate interests. By analyzing legal cases, government policies, and interviews with indigenous leaders and legal experts, the study highlights the ways in which legal frameworks often marginalize indigenous communities, prioritizing economic development over cultural preservation and land rights. The paper argues that Indonesia’s legal system, while formally committed to protecting indigenous rights, is often complicit in practices that perpetuate exclusion. It concludes with a call for comprehensive legal reform, including the recognition of indigenous peoples’ customary law and greater political representation, to address these structural inequities.]]>
<![CDATA[The Role of the Law in Promoting Social Justice for Indonesia’s Ethnic Minorities ]]>
<![CDATA[Yudha Arif Prasetya]]>;
<![CDATA[Bruno DeLuca]]>;
<![CDATA[Pamungkas Bayu Permana]]>
<![CDATA[ Indonesian Minority Justice Review Vol. 1 No. 1 (2024): January, 2024 ]]>
Publisher : <![CDATA[COLLEGIUM JUSTICIA INDONESIA ]]>
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DOI: 10.65815/abgrb148
<![CDATA[This paper explores the role of the Indonesian legal system in promoting or hindering social justice for ethnic minorities. Ethnic minorities in Indonesia, including those from indigenous groups, Chinese Indonesians, and other marginalized communities, often face significant challenges in accessing economic, social, and political rights. Through a detailed analysis of anti-discrimination laws, human rights policies, and affirmative action measures, the study evaluates how effective these legal protections have been in addressing the structural inequalities faced by ethnic minorities. Using a combination of legal analysis, interviews with activists and policymakers, and case studies of ethnic minority communities, the research assesses the implementation and outcomes of laws intended to promote social justice. Findings suggest that while Indonesia’s legal framework provides some protections, enforcement remains weak, and ethnic minorities continue to experience systemic exclusion in various sectors, including education, employment, and political participation. The paper concludes by advocating for stronger legal enforcement mechanisms, targeted policy interventions, and the inclusion of ethnic minorities in the policy-making process to achieve true social justice.]]>
<![CDATA[Defending the Unseen: The Legal Struggles of Indonesia’s LGBTQ+ Community ]]>
<![CDATA[Elena Liu-Müller]]>;
<![CDATA[Vivienne Rochefort]]>;
<![CDATA[Faisal Zainuddin]]>
<![CDATA[ Indonesian Minority Justice Review Vol. 1 No. 1 (2024): January, 2024 ]]>
Publisher : <![CDATA[COLLEGIUM JUSTICIA INDONESIA ]]>
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DOI: 10.65815/rfgm9e85
<![CDATA[This paper examines the legal challenges faced by Indonesia’s LGBTQ+ community, focusing on the legal struggles for recognition, protection, and rights within a predominantly conservative and religious society. While same-sex relationships are not explicitly criminalized under Indonesian law, LGBTQ+ individuals often face harassment, discrimination, and violence, exacerbated by societal stigma and political opposition. The study investigates the legal landscape for LGBTQ+ rights, analyzing the lack of protective laws, the impact of regional by-laws that criminalize homosexual acts, and the social and political context that complicates legal protections. Through case studies, interviews with LGBTQ+ activists, and legal experts, the paper highlights the ways in which LGBTQ+ individuals are excluded from legal protections such as marriage, inheritance, and employment rights. The findings show that despite some civil society efforts, legal reform has been slow, and LGBTQ+ individuals remain marginalized in both legal and social contexts. The paper concludes by calling for comprehensive legal reforms, including the decriminalization of same-sex relationships, anti-discrimination laws, and a broader cultural shift towards acceptance, in order to defend the rights and dignity of Indonesia’s LGBTQ+ community.]]>
<![CDATA[Cultural Rights and Justice: The Legal Framework for Preserving Indigenous Languages and Traditions in Indonesia ]]>
<![CDATA[Imran Ali Farhat]]>;
<![CDATA[Tariq Omar Nasser]]>;
<![CDATA[Kurnia Agung Wibowo]]>
<![CDATA[ Indonesian Minority Justice Review Vol. 1 No. 2 (2024): April, 2024 ]]>
Publisher : <![CDATA[COLLEGIUM JUSTICIA INDONESIA ]]>
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DOI: 10.65815/pnzy4m05
<![CDATA[This paper explores Indonesia’s legal framework for preserving indigenous languages and traditions, emphasizing the intersection of cultural rights and justice. Indigenous communities in Indonesia possess a rich cultural heritage, including unique languages, rituals, and knowledge systems, yet these are often at risk due to modernization, development projects, and the dominance of the national culture. The study reviews national and regional legal provisions aimed at protecting cultural heritage, including the 2001 Law on the Protection of Cultural Heritage and the 2019 Law on National Languages. Through legal analysis and case studies, the paper examines how effectively these laws have been implemented to safeguard indigenous languages and traditions. It also investigates the tensions between state-driven development, educational policies, and indigenous cultural rights. The findings suggest that while the legal framework offers some protections, implementation remains inconsistent, and indigenous communities often face pressures to conform to the dominant national culture. The paper argues for a more inclusive approach to cultural rights, where the preservation of indigenous languages and traditions is not merely symbolic but actively supported through education, legal recognition, and community empowerment. It concludes by advocating for stronger legal protections, increased political representation of indigenous groups, and more robust state commitment to cultural diversity.]]>
<![CDATA[Legal Frameworks and the Protection of Refugees and Migrants in Indonesia: Challenges and Opportunities ]]>
<![CDATA[Noah Gabriel Stevens]]>
<![CDATA[ Indonesian Minority Justice Review Vol. 1 No. 2 (2024): April, 2024 ]]>
Publisher : <![CDATA[COLLEGIUM JUSTICIA INDONESIA ]]>
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DOI: 10.65815/fgxqft05
<![CDATA[This paper examines the legal frameworks for protecting refugees and migrants in Indonesia, focusing on the challenges and opportunities within the current system. While Indonesia is a signatory to several international conventions on refugee protection, it has not ratified the 1951 Refugee Convention, leaving a gap in legal protections for asylum seekers. The research investigates the national laws, such as the Immigration Law and the 2016 Presidential Regulation on Refugee Protection, and assesses their ability to ensure the rights and safety of refugees and migrants. By reviewing case law, government policies, and interviews with NGOs and human rights organizations, the paper highlights key issues such as the lack of a clear asylum process, indefinite detention, and limited access to healthcare and employment for migrants. The paper finds that although Indonesia’s legal framework provides some protections, significant gaps remain in terms of enforcement, legal recognition, and the provision of basic services. The paper concludes by recommending comprehensive reforms, including ratification of the 1951 Refugee Convention, the establishment of a transparent asylum process, and better integration of refugees and migrants into society through access to education, healthcare, and employment.]]>
<![CDATA[Affirmative Action and Its Impact on Minority Groups in Indonesia: A Legal Perspective ]]>
<![CDATA[Raphael A. Morgenstern]]>;
<![CDATA[Mira Siti Farhana]]>;
<![CDATA[Ahmed Kamil Faris]]>;
<![CDATA[Shofia Diab Ahmed]]>
<![CDATA[ Indonesian Minority Justice Review Vol. 1 No. 2 (2024): April, 2024 ]]>
Publisher : <![CDATA[COLLEGIUM JUSTICIA INDONESIA ]]>
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DOI: 10.65815/vcq2x797
<![CDATA[This paper explores the impact of affirmative action policies on minority groups in Indonesia, analyzing the legal frameworks and the outcomes of such policies. Affirmative action has been a critical tool in addressing socio-economic disparities and promoting social justice, especially for ethnic and religious minorities. However, Indonesia’s approach to affirmative action is often contested, particularly in the context of university admissions, civil service recruitment, and access to public resources. Through a legal analysis of key policies, such as the Law on the National Civil Service (2014) and affirmative action provisions in education, the paper assesses how effectively these policies have been implemented to reduce inequality among ethnic and religious minorities, including indigenous groups and Chinese Indonesians. Drawing on case studies and interviews with policymakers and minority representatives, the research highlights both the successes and limitations of affirmative action in promoting real equality. The findings suggest that while affirmative action has provided opportunities for some marginalized groups, it has also led to unintended consequences, such as resentment and political backlash. The paper concludes by proposing policy adjustments to make affirmative action more inclusive, ensuring that it targets the most disadvantaged groups and is implemented in a way that promotes social cohesion.]]>
<![CDATA[Indigenous Land Rights and the Law: A Case Study of Conflict Between Development and Traditional Communities ]]>
<![CDATA[Aprila Niravita]]>;
<![CDATA[Suhadi Suhadi]]>
<![CDATA[ Indonesian Minority Justice Review Vol. 1 No. 2 (2024): April, 2024 ]]>
Publisher : <![CDATA[COLLEGIUM JUSTICIA INDONESIA ]]>
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DOI: 10.65815/d7tan049
<![CDATA[This paper investigates the legal conflicts surrounding indigenous land rights in Indonesia, using a case study of a particular conflict between development projects and traditional indigenous communities. Land rights are a central issue for indigenous peoples in Indonesia, who often face displacement due to large-scale infrastructure, mining, and agricultural projects. The study examines the intersection of national laws, such as the Agrarian Law (1960) and the 2001 Law on Forestry, with indigenous customary land practices, focusing on a specific region where indigenous communities have contested development projects. Through interviews with indigenous leaders, local government officials, and legal experts, the paper evaluates the effectiveness of legal protections for indigenous land rights and the role of the state in balancing development with the rights of indigenous peoples. The findings reveal significant legal ambiguities regarding the recognition of indigenous land claims and the absence of adequate mechanisms for resolving conflicts between development and traditional land rights. The paper concludes by advocating for the formal recognition of indigenous land rights within the national legal framework, including the integration of customary laws into state law and greater consultation with indigenous communities in development planning.]]>
<![CDATA[Minorities and the Law: Discrimination and Justice in Indonesia’s Urban Areas ]]>
<![CDATA[Shofriya Qonitatin Abidah]]>;
<![CDATA[Ridwan Arifin]]>;
<![CDATA[Rena Yulia]]>;
<![CDATA[Eko Nuriyatman]]>
<![CDATA[ Indonesian Minority Justice Review Vol. 1 No. 2 (2024): April, 2024 ]]>
Publisher : <![CDATA[COLLEGIUM JUSTICIA INDONESIA ]]>
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DOI: 10.65815/gnwe6327
<![CDATA[This paper examines the experiences of ethnic and religious minorities in urban areas of Indonesia, focusing on the legal structures that either facilitate or hinder their access to justice. Indonesia’s urban centers, such as Jakarta and Surabaya, are home to diverse populations, yet minorities in these areas often face discrimination in housing, employment, education, and public services. The study reviews the legal frameworks governing urban rights, including the 1945 Constitution, the Law on Ethnic Equality, and municipal regulations, and evaluates their effectiveness in addressing discrimination. Drawing on case studies, interviews with minority group leaders, and surveys of urban residents, the paper highlights the systemic barriers faced by minorities in accessing justice, particularly in relation to land disputes, religious freedoms, and employment discrimination. The findings suggest that while legal protections exist, they are often inadequately enforced or are subject to local political dynamics that favor the majority population. The paper concludes by recommending reforms aimed at improving legal access and ensuring more equitable treatment for minorities in urban areas, including stronger anti-discrimination laws, better enforcement of existing regulations, and the creation of specialized legal services for minority communities.]]>
