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[Freedom of Religion or Belief: Analyzing Indonesia’s Laws on Religious Minorities and Social Justice ]]>
<![CDATA[Isabella Rizzo]]>;
<![CDATA[Eric Tian Wei]]>;
<![CDATA[Hassan Noor Ali]]>
<![CDATA[ Indonesian Minority Justice Review Vol. 1 No. 3 (2024): July, 2024 ]]>
Publisher : <![CDATA[COLLEGIUM JUSTICIA INDONESIA ]]>
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DOI: 10.65815/vzktra02
<![CDATA[This paper critically examines Indonesia's legal framework concerning religious minorities and its alignment with the principles of social justice. Although Indonesia is officially committed to religious freedom, the reality for religious minorities—including Christians, Hindus, Buddhists, and adherents of indigenous beliefs—is often marked by discrimination, violence, and legal limitations. The study analyzes Indonesia’s legal provisions, such as the 1945 Constitution, the Law on Religious Harmony (2006), and the 2013 Joint Ministerial Decree on Religious Organizations, which aim to protect religious freedom. The paper assesses how these laws impact religious minorities, considering both legal protections and the limitations imposed by local governments and societal norms. Through a combination of legal analysis, interviews with religious leaders, and case studies of religious conflict, the research reveals significant gaps in the protection of religious minorities, particularly in relation to the construction of places of worship, freedom of expression, and interfaith relations. The findings suggest that while legal protections exist, their implementation is often selective, and religious minorities continue to face marginalization and harassment. The paper concludes by proposing legal reforms to ensure more robust protections for religious minorities and to promote a culture of interfaith dialogue and tolerance in Indonesian society.]]>
<![CDATA[Ethnic and Religious Tensions: Legal Mechanisms for Conflict Resolution in Indonesia’s Multi-Ethnic Society ]]>
<![CDATA[Amira Luqman]]>;
<![CDATA[Muhammad Shodiqin]]>
<![CDATA[ Indonesian Minority Justice Review Vol. 1 No. 3 (2024): July, 2024 ]]>
Publisher : <![CDATA[COLLEGIUM JUSTICIA INDONESIA ]]>
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DOI: 10.65815/aqmja440
<![CDATA[This paper examines the role of legal mechanisms in resolving ethnic and religious tensions in Indonesia’s diverse society. Ethnic and religious conflicts remain significant challenges in Indonesia, with tensions often exacerbated by local politics, economic inequalities, and cultural differences. The study investigates the legal tools available for conflict resolution, such as the 1999 Law on Human Rights, the 2001 Law on Regional Autonomy, and the 2006 Law on Religious Harmony. Through legal analysis and interviews with conflict resolution experts, community leaders, and policymakers, the research assesses the effectiveness of these legal frameworks in mitigating inter-ethnic and inter-religious violence. The paper also explores alternative dispute resolution methods, such as community mediation and local peacebuilding initiatives. The findings indicate that while legal frameworks have contributed to managing some conflicts, they are often insufficient in addressing deeper structural issues, such as economic disparities and historical grievances. The paper concludes by recommending stronger enforcement of existing laws, the incorporation of traditional conflict resolution methods, and the promotion of inclusive governance to address the root causes of ethnic and religious tensions.]]>
<![CDATA[The Intersection of Gender and Minority Rights in Indonesia: A Case for More Inclusive Justice ]]>
<![CDATA[Oliver D’Angelo]]>;
<![CDATA[Tania Ahmad Azhar]]>;
<![CDATA[Felix Kreutzberg]]>;
<![CDATA[Aji Prasetya]]>
<![CDATA[ Indonesian Minority Justice Review Vol. 1 No. 3 (2024): July, 2024 ]]>
Publisher : <![CDATA[COLLEGIUM JUSTICIA INDONESIA ]]>
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DOI: 10.65815/qk324706
<![CDATA[This paper explores the intersectionality of gender and minority rights in Indonesia, focusing on how laws and policies affect women from minority groups. Indonesia’s legal system, while offering some protections for gender equality through the 2004 Law on the Elimination of Domestic Violence and the 2007 Law on Gender Equality, often fails to account for the compounded discrimination faced by women from ethnic, religious, or sexual minorities. The study examines the legal challenges encountered by women belonging to these marginalized groups, including issues of access to justice, protection from violence, and participation in public life. Using case studies of women from indigenous communities, religious minorities, and the LGBTQ+ population, the paper highlights how these women often face both gender-based and minority-based discrimination within Indonesia’s legal and social systems. The research reveals that while gender rights laws have been instrumental in advancing the status of women in some areas, the legal system’s failure to address intersectional forms of discrimination leaves minority women particularly vulnerable. The paper concludes by advocating for more inclusive legal reforms that recognize the unique challenges faced by women at the intersection of gender and minority status, urging for targeted policies that promote both gender equality and minority rights.]]>
<![CDATA[Minority Voting Rights and Political Participation: Ensuring Equal Representation in Indonesian Elections ]]>
<![CDATA[Budi Nur Purwanto]]>;
<![CDATA[Eka Hasibuan]]>
<![CDATA[ Indonesian Minority Justice Review Vol. 1 No. 3 (2024): July, 2024 ]]>
Publisher : <![CDATA[COLLEGIUM JUSTICIA INDONESIA ]]>
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DOI: 10.65815/j9zpxm63
<![CDATA[This paper investigates the challenges and opportunities for ensuring equal representation of minority groups in Indonesia’s electoral system. Despite Indonesia's democratic framework, minority groups—whether ethnic, religious, or socio-economic—often face barriers to full participation in political processes, including voting rights, representation, and access to candidacy. The study analyzes Indonesia’s electoral laws, including the 1999 Election Law and the 2008 Regional Election Law, to assess their impact on minority participation. Through legal analysis, interviews with political analysts, and surveys of minority voters, the paper highlights systemic issues such as voter intimidation, lack of access to information, and underrepresentation of minority groups in legislative bodies. The findings indicate that while the electoral system has made strides in promoting democratic participation, significant disparities remain in the political empowerment of marginalized groups. The paper concludes by recommending legal reforms aimed at increasing minority representation, such as proportional representation, stronger anti-discrimination measures, and policies that encourage political parties to field more candidates from minority backgrounds.]]>
<![CDATA[Legal Access for Marginalized Groups: A Study of Indonesia’s Legal Aid System and Its Impact on Minorities ]]>
<![CDATA[Cahya Wulandari]]>;
<![CDATA[Benny Sumardiana]]>
<![CDATA[ Indonesian Minority Justice Review Vol. 1 No. 3 (2024): July, 2024 ]]>
Publisher : <![CDATA[COLLEGIUM JUSTICIA INDONESIA ]]>
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DOI: 10.65815/crt5bv68
<![CDATA[This paper evaluates the effectiveness of Indonesia’s legal aid system in providing access to justice for marginalized groups, particularly ethnic, religious, and sexual minorities. Legal aid is a critical component of ensuring equal access to justice, yet marginalized communities often face challenges in navigating the legal system due to poverty, illiteracy, and discrimination. The study examines Indonesia’s legal aid framework, focusing on the 2011 Law on Legal Aid and its implementation through government and non-governmental organizations. Through interviews with legal aid providers, marginalized individuals, and human rights advocates, the research assesses the accessibility, quality, and impact of legal aid services on minority communities. The findings suggest that while legal aid has provided essential support for many disadvantaged individuals, there remain significant gaps in coverage, particularly in remote areas and for non-citizens, such as refugees. The paper concludes by proposing recommendations to enhance the legal aid system, including expanding funding, improving outreach to underserved communities, and strengthening partnerships between government and civil society to ensure broader access to justice for all.]]>
<![CDATA[The Role of the Indonesian Courts in Protecting Minority Rights: A Review of Landmark Rulings ]]>
<![CDATA[Raden Ajeng Kartika Sari]]>
<![CDATA[ Indonesian Minority Justice Review Vol. 1 No. 4 (2024): October, 2024 ]]>
Publisher : <![CDATA[COLLEGIUM JUSTICIA INDONESIA ]]>
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DOI: 10.65815/42ynqm13
<![CDATA[This paper explores the critical role of the Indonesian judiciary in protecting the rights of minority groups through landmark rulings. Despite constitutional guarantees of equality, ethnic, religious, and sexual minorities in Indonesia often face discrimination and exclusion in various spheres of life. The study examines a selection of pivotal court cases in which the Indonesian courts addressed minority rights issues, focusing on decisions related to religious freedom, ethnic discrimination, and gender equality. Through a detailed review of landmark rulings, such as the 2010 judicial review of the Law on Religious Harmony and the 2017 case concerning the rights of transgender individuals, the paper evaluates the effectiveness of the judicial system in upholding constitutional and human rights guarantees. The findings reveal a mixed record: while some cases demonstrate the courts' commitment to protecting minority rights, others show a reluctance to challenge discriminatory practices, often influenced by political, social, or religious pressures. The paper concludes by recommending reforms to enhance judicial independence, strengthen minority rights protections, and ensure that the courts can more effectively serve as a safeguard against discrimination and marginalization.]]>
<![CDATA[The Impact of National Security Laws on Religious and Ethnic Minorities in Indonesia ]]>
<![CDATA[Aulia Tunggul Suryadi Prabowo]]>;
<![CDATA[Bagas Triwahyudi]]>;
<![CDATA[Anissa Rashid]]>
<![CDATA[ Indonesian Minority Justice Review Vol. 1 No. 4 (2024): October, 2024 ]]>
Publisher : <![CDATA[COLLEGIUM JUSTICIA INDONESIA ]]>
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DOI: 10.65815/9p8zcz32
<![CDATA[This paper critically examines the impact of Indonesia's national security laws on religious and ethnic minorities, assessing how such laws might be used to justify discrimination, persecution, or exclusion. While Indonesia’s national security laws, including the 2002 Anti-Terrorism Law and the 2013 National Security Bill, are intended to protect the state against threats, they have had unintended consequences for minority communities, particularly in terms of surveillance, restrictions on religious practices, and suppression of cultural expression. The study analyzes legal texts, government reports, and case studies of minority groups—such as the Ahmadiyya Muslim community and indigenous peoples—who have been disproportionately affected by national security measures. Through interviews with legal experts and human rights advocates, the paper explores the ways in which security laws are sometimes wielded as tools of state control, exacerbating tensions between majority and minority groups. The findings suggest that national security laws often fail to consider the human rights implications for minorities, leading to increased vulnerability and marginalization. The paper concludes by recommending reforms to national security laws that include stronger protections for minority rights, greater judicial oversight, and safeguards to prevent discrimination under the guise of national security.]]>
<![CDATA[Minority Justice and Education: Ensuring Equal Access to Quality Education for All in Indonesia ]]>
<![CDATA[Nurul Hikmah]]>;
<![CDATA[Ardhana Kusuma]]>
<![CDATA[ Indonesian Minority Justice Review Vol. 1 No. 4 (2024): October, 2024 ]]>
Publisher : <![CDATA[COLLEGIUM JUSTICIA INDONESIA ]]>
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DOI: 10.65815/fafpdh29
<![CDATA[This paper investigates the challenges and opportunities for ensuring equal access to quality education for minority groups in Indonesia. While Indonesia’s education system has made strides in promoting universal education, minority communities—particularly ethnic, religious, and disabled minorities—still face significant barriers to educational access and quality. The study examines the 2003 National Education System Law, the 2005 Law on National Standards of Education, and policies related to inclusive education, evaluating their impact on marginalized groups. Through a combination of legal analysis, interviews with education experts, and case studies of minority communities, the paper highlights key issues such as discrimination in school admissions, unequal resource distribution, and the lack of culturally responsive curricula. The findings indicate that while there are policies aimed at fostering inclusivity, implementation remains inconsistent, and minority students often experience inferior education compared to their majority counterparts. The paper concludes by proposing policy reforms that prioritize cultural diversity, inclusive teaching practices, and improved resource allocation to ensure equitable educational opportunities for all students, regardless of their background.]]>
<![CDATA[Indigenous Women’s Rights: Intersectionality and Legal Justice in Indonesia ]]>
<![CDATA[Carlos Pinto de Souza]]>;
<![CDATA[Agung Fernando Wijayanto]]>;
<![CDATA[Hariska Mahendra Utama Putra]]>
<![CDATA[ Indonesian Minority Justice Review Vol. 1 No. 4 (2024): October, 2024 ]]>
Publisher : <![CDATA[COLLEGIUM JUSTICIA INDONESIA ]]>
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DOI: 10.65815/7kepxq54
<![CDATA[This paper explores the intersectionality of gender and indigenous rights in Indonesia, focusing on the unique challenges faced by indigenous women in securing legal justice. Indigenous women in Indonesia often face double discrimination: one due to their gender and another due to their ethnic or indigenous status. The study examines Indonesia’s legal protections for gender equality, such as the 2004 Law on the Elimination of Domestic Violence and the 2007 Law on Gender Equality, alongside laws aimed at protecting indigenous rights, such as the 1999 Forestry Law and the 2001 Law on Cultural Rights. By analyzing case studies, legal texts, and interviews with indigenous women’s rights advocates, the paper sheds light on how existing laws fail to adequately address the specific challenges facing indigenous women, particularly in areas related to land rights, economic opportunities, and social services. The findings indicate that indigenous women’s voices are often excluded from legal and political decision-making processes, exacerbating their vulnerability to exploitation and abuse. The paper concludes by calling for an intersectional approach to legal reforms that not only protect indigenous rights but also address the compounded inequalities faced by indigenous women in Indonesia.]]>
<![CDATA[Social Justice or Social Exclusion? The Role of the Indonesian State in the Integration of Minorities ]]>
<![CDATA[Muhammad Alamsyah Hadiwijaya]]>;
<![CDATA[Harum Cahyaningrat]]>;
<![CDATA[Fatimah Azzahro]]>;
<![CDATA[Siti Aisyah Johari]]>;
<![CDATA[Mohammad Rafiq]]>
<![CDATA[ Indonesian Minority Justice Review Vol. 1 No. 4 (2024): October, 2024 ]]>
Publisher : <![CDATA[COLLEGIUM JUSTICIA INDONESIA ]]>
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DOI: 10.65815/r9s1zd96
<![CDATA[This paper analyzes the role of the Indonesian state in either promoting social justice or exacerbating social exclusion for minority communities. Indonesia is home to a diverse array of ethnic, religious, and cultural groups, yet many of these communities continue to face exclusion in social, economic, and political spheres. The study explores how state policies, including affirmative action measures, anti-discrimination laws, and regional autonomy laws, have either contributed to or hindered the integration of minorities. By examining case studies of indigenous peoples, Chinese Indonesians, and religious minorities, the paper assesses the effectiveness of government efforts in fostering social justice. The findings highlight that while the state has implemented some inclusive policies, these efforts are often undermined by local elites, economic interests, and political pressures. The research also identifies areas where state interventions have led to greater social exclusion, such as the unequal distribution of resources, limited access to political power, and challenges in ensuring equal opportunities in education and employment. The paper concludes by calling for a more comprehensive state approach that combines legal reforms, inclusive economic policies, and strengthened civic participation to promote true social justice and the full integration of minorities into Indonesian society.]]>
