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[Reparations and Reconciliation: Legal Mechanisms for Addressing Historical Injustices Against Minorities in Indonesia ]]>
<![CDATA[Rizki Nur Hidayat]]>;
<![CDATA[Tariq Ahmed El-Sayed]]>
<![CDATA[ Indonesian Minority Justice Review Vol. 2 No. 1 (2025): January, 2025 ]]>
Publisher : <![CDATA[COLLEGIUM JUSTICIA INDONESIA ]]>
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DOI: 10.65815/1tyzxg95
<![CDATA[This paper examines the legal mechanisms available for addressing historical injustices faced by minority groups in Indonesia, with a particular focus on reparations and reconciliation processes. Indonesia’s history is marked by numerous instances of state-sanctioned violence, discrimination, and land dispossession that disproportionately affected ethnic, religious, and indigenous minorities. The study reviews Indonesia’s legal framework for historical justice, including the 2004 Law on Human Rights Tribunals, and examines how these laws have been applied—or under-applied—to the historical injustices committed against various minority groups. The paper explores the concept of reparations as a means of acknowledging past wrongs and the legal pathways that might be employed to provide restitution, whether financial, symbolic, or in the form of land rights. Using case studies of indigenous land disputes, the 1965 anti-communist purge, and the treatment of religious minorities, the paper highlights the limitations of existing legal mechanisms and the gaps in Indonesia's national reconciliation efforts. The study concludes by advocating for a comprehensive reparations framework, including a truth and reconciliation commission, targeted legal reforms, and community-driven processes that can provide justice for Indonesia’s marginalized groups.]]>
<![CDATA[Legal Pathways for Environmental Justice for Indigenous Communities in Indonesia ]]>
<![CDATA[Ubaidillah Kamal]]>;
<![CDATA[Rini Fidiyani]]>;
<![CDATA[Sophie Lindgren]]>
<![CDATA[ Indonesian Minority Justice Review Vol. 2 No. 1 (2025): January, 2025 ]]>
Publisher : <![CDATA[COLLEGIUM JUSTICIA INDONESIA ]]>
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DOI: 10.65815/99agp482
<![CDATA[This paper explores the legal pathways through which indigenous communities in Indonesia can achieve environmental justice in the face of land dispossession, deforestation, and the encroachment of large-scale development projects. Indonesia’s indigenous populations often face direct threats to their traditional territories due to economic development, logging, and mining activities, which are exacerbated by weak legal protections and inadequate enforcement of environmental laws. The study examines the relevant legal frameworks, including the 1999 Forestry Law, the 2001 Law on Cultural Rights, and the 2012 Indigenous Peoples’ Rights Recognition Bill, which address environmental justice issues for indigenous communities. Through a combination of case studies and legal analysis, the paper highlights both successful and failed attempts at leveraging the legal system for environmental justice, focusing on the role of the courts, local governments, and advocacy groups in protecting indigenous land rights. The findings suggest that while legal reforms in recent years have increased recognition of indigenous land rights, implementation remains inconsistent, and communities continue to face severe environmental degradation. The paper concludes by proposing enhanced legal pathways for environmental justice, such as more robust enforcement mechanisms, stronger recognition of customary land rights, and better representation of indigenous communities in environmental policymaking.]]>
<![CDATA[Disability Rights and Social Justice: The Legal Framework for Indonesia’s Disabled Minority Communities ]]>
<![CDATA[Johan Sidabutar]]>;
<![CDATA[Bambang Ciptono]]>;
<![CDATA[Alina Petrova]]>
<![CDATA[ Indonesian Minority Justice Review Vol. 2 No. 1 (2025): January, 2025 ]]>
Publisher : <![CDATA[COLLEGIUM JUSTICIA INDONESIA ]]>
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DOI: 10.65815/q15ky059
<![CDATA[This paper critically examines the legal framework protecting the rights of people with disabilities in Indonesia, focusing on the challenges disabled minority communities face in achieving social justice. Indonesia's legal system includes the 2011 Law on Disability Rights, which outlines protections for people with disabilities, including rights to education, employment, and public services. However, implementation remains inconsistent, and disabled individuals—particularly those from marginalized ethnic or religious backgrounds—often experience compounded discrimination. The study analyzes the extent to which current legal provisions address the specific needs of disabled minorities, particularly in areas such as access to healthcare, transportation, and public spaces. Using case studies from urban and rural areas, the paper explores the intersectional barriers faced by disabled people from minority groups, such as limited access to inclusive education, workplace discrimination, and physical inaccessibility in public spaces. The findings suggest that while the legal framework provides a foundation for disability rights, there are significant gaps in enforcement and systemic inequalities that hinder disabled minorities' full participation in society. The paper concludes by proposing targeted legal reforms to improve accessibility, increase representation, and ensure equal opportunities for disabled individuals, particularly those from disadvantaged backgrounds.]]>
<![CDATA[Intersectional Justice: The Plight of Ethnic and Religious Minorities in Indonesia’s Labor Market ]]>
<![CDATA[Zulfikar Achmad]]>;
<![CDATA[Muhtar Said]]>;
<![CDATA[Leila Farouk]]>;
<![CDATA[Youssef Roushan]]>
<![CDATA[ Indonesian Minority Justice Review Vol. 2 No. 1 (2025): January, 2025 ]]>
Publisher : <![CDATA[COLLEGIUM JUSTICIA INDONESIA ]]>
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DOI: 10.65815/c7zfv285
<![CDATA[This paper explores the intersectional challenges faced by ethnic and religious minorities in Indonesia’s labor market, where discrimination based on both ethnicity and religion continues to limit access to employment, fair wages, and career advancement. Despite legal protections, such as the 2003 Manpower Law, which prohibits discrimination in employment, many minority groups—particularly indigenous peoples, Chinese Indonesians, and religious minorities such as the Ahmadiyya and Christians—face systematic exclusion from high-wage and high-status jobs. The study investigates how the intersectionality of ethnic and religious identity shapes individuals' experiences within Indonesia's labor market, focusing on hiring practices, workplace discrimination, and the barriers to career advancement. By analyzing survey data, interviews with labor market participants, and case studies of minority groups, the paper highlights the persistence of discriminatory attitudes and practices that hinder the economic mobility of marginalized communities. The findings suggest that despite legal frameworks, there is a lack of effective enforcement and a failure to address the root causes of labor market discrimination. The paper concludes by proposing a comprehensive approach to intersectional justice, including stricter anti-discrimination policies, improved labor market enforcement mechanisms, and targeted initiatives to support minority workers’ career development.]]>
<![CDATA[Religious Freedom and Minority Rights: A Comparative Analysis of Indonesian Laws and International Standards ]]>
<![CDATA[Ridwan Arifin]]>;
<![CDATA[Fitria Damayati]]>
<![CDATA[ Indonesian Minority Justice Review Vol. 2 No. 1 (2025): January, 2025 ]]>
Publisher : <![CDATA[COLLEGIUM JUSTICIA INDONESIA ]]>
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DOI: 10.65815/2pfjp540
<![CDATA[This paper offers a comparative analysis of Indonesia’s religious freedom laws and minority rights protections, evaluating their alignment with international standards such as the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights. While Indonesia’s Constitution guarantees religious freedom, minority religious groups, including the Ahmadiyya, Christians, and indigenous belief systems, face significant restrictions on their practice and recognition. The study examines key legislative frameworks, including the 1965 Blasphemy Law and the 2006 Joint Ministerial Decree on Religious Groups, assessing their impact on religious minorities. The paper contrasts these national laws with international human rights standards, highlighting gaps in Indonesia’s legal framework that lead to the persecution of religious minorities. Using case law, human rights reports, and interviews with legal experts and religious leaders, the paper explores how the Indonesian legal system often fails to protect religious minorities from violence, discrimination, and legal marginalization. The findings suggest that while Indonesia's laws theoretically uphold religious freedom, practical enforcement and political dynamics often undermine these protections. The paper concludes by recommending legal reforms to bring Indonesia’s laws in line with international human rights standards, including the decriminalization of religious offenses and the establishment of stronger protections for minority religious communities.]]>
<![CDATA[The Struggle for Land Rights: Analyzing the Legal Dispossession of Indigenous Papuans in Indonesia ]]>
<![CDATA[Delfina A. Monim]]>;
<![CDATA[Sarah Yogi]]>;
<![CDATA[Yuliana Wanimbo]]>;
<![CDATA[Fiona Delmunthe]]>
<![CDATA[ Indonesian Minority Justice Review Vol. 2 No. 3 (2025): July, 2025 ]]>
Publisher : <![CDATA[COLLEGIUM JUSTICIA INDONESIA ]]>
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DOI: 10.65815/8fgamy20
<![CDATA[This paper critically examines the legal dispossession of indigenous Papuan communities in Indonesia, focusing on the intersection of land rights and state-backed development projects. Despite constitutional guarantees of indigenous land rights, Papuans continue to face widespread land dispossession due to extractive industries, agricultural expansion, and infrastructure development. The study analyzes the legal mechanisms enabling this dispossession, particularly the 2004 Forestry Law, the 2007 Spatial Planning Law, and the 2012 Land Acquisition Law, and their role in facilitating state and corporate interests at the expense of indigenous populations. Through case studies of land conflicts in the Papuan region—especially those involving logging, mining, and plantation agriculture—the paper highlights the legal complexities and challenges in securing land rights for indigenous Papuans. The findings demonstrate that the legal system often prioritizes economic development over the protection of indigenous land rights, and that land disputes are frequently resolved in favor of corporate and state actors. The paper concludes by recommending legal reforms that ensure indigenous Papuan land rights are recognized and protected, including the strengthening of customary land tenure systems and greater involvement of indigenous communities in decision-making processes regarding land use.]]>
<![CDATA[Religious Freedom vs. Political Control: Legal Challenges of Religious Minorities in Indonesia, Focusing on Ahmadiyya ]]>
<![CDATA[Putri Agustina Banjaransari]]>
<![CDATA[ Indonesian Minority Justice Review Vol. 2 No. 3 (2025): July, 2025 ]]>
Publisher : <![CDATA[COLLEGIUM JUSTICIA INDONESIA ]]>
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DOI: 10.65815/n4k7j838
<![CDATA[This paper explores the legal challenges faced by religious minorities in Indonesia, with a particular focus on the Ahmadiyya Muslim community. Despite Indonesia’s constitutional guarantee of religious freedom, the Ahmadiyya community has faced increasing persecution through a combination of legal restrictions, local government decrees, and societal discrimination. The study examines key legal frameworks, including the 1965 Blasphemy Law and the 2008 Joint Ministerial Decree on the Ahmadiyya, which explicitly prohibit the Ahmadiyya from practicing their faith publicly. By analyzing court rulings, government policies, and case studies of individual members of the Ahmadiyya community, the paper investigates how these legal instruments have been used to justify religious persecution. The paper also highlights the role of political forces in shaping laws that restrict religious freedom, particularly the increasing influence of conservative religious groups in Indonesian politics. Through interviews with legal experts, activists, and members of the Ahmadiyya community, the paper assesses the legal and social implications of these restrictions. The findings reveal that while legal protections for religious freedom exist on paper, in practice they are often undermined by political and social pressures that restrict the rights of religious minorities. The paper concludes by advocating for legal reforms that better protect religious freedom and address the root causes of religious discrimination in Indonesia.]]>
<![CDATA[LGBTQ+ Rights in Indonesia: The Legal Landscape and Social Barriers to Equality ]]>
<![CDATA[Dwi Pratama]]>;
<![CDATA[Nina Rick Jansen]]>;
<![CDATA[Tomas Schäfer]]>
<![CDATA[ Indonesian Minority Justice Review Vol. 2 No. 3 (2025): July, 2025 ]]>
Publisher : <![CDATA[COLLEGIUM JUSTICIA INDONESIA ]]>
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DOI: 10.65815/ns0rft91
<![CDATA[This paper investigates the legal and social barriers to equality for the LGBTQ+ community in Indonesia, particularly in the context of growing conservative religious and political movements. While Indonesian law does not explicitly criminalize homosexuality, the absence of legal protections for LGBTQ+ individuals, coupled with societal discrimination, has created significant challenges in achieving equality. The study examines the legal landscape, including the 1974 Marriage Law, which defines marriage as between a man and a woman, and the 2008 Pornography Law, which has been used to target LGBTQ+ individuals. The paper also explores the social and political environment that influences LGBTQ+ rights, focusing on the increasing hostility from conservative religious groups and the role of local authorities in restricting LGBTQ+ rights through moral policing. Through a combination of legal analysis, interviews with LGBTQ+ activists, and case studies of individuals facing legal persecution, the paper demonstrates how the lack of legal protections coupled with societal stigma perpetuates discrimination and marginalization. The findings suggest that the legal framework in Indonesia remains insufficient to safeguard LGBTQ+ rights, and that broader social and political changes are necessary for achieving full equality. The paper concludes by calling for the introduction of comprehensive anti-discrimination laws and greater advocacy for LGBTQ+ visibility and rights in Indonesian society.]]>
<![CDATA[The Dilemma of Ethnic Chinese Indonesians: Legal and Social Marginalization in Post-Reformation Indonesia ]]>
<![CDATA[Fitria Ayu Salsabila]]>;
<![CDATA[Aria Gabrielle Williams]]>;
<![CDATA[Mairead Moana-Peterson]]>
<![CDATA[ Indonesian Minority Justice Review Vol. 2 No. 3 (2025): July, 2025 ]]>
Publisher : <![CDATA[COLLEGIUM JUSTICIA INDONESIA ]]>
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DOI: 10.65815/1d4hyz82
<![CDATA[This paper explores the ongoing legal and social challenges faced by ethnic Chinese Indonesians in the post-Reformation era. Historically marginalized under the New Order regime, ethnic Chinese communities in Indonesia have faced systemic exclusion from political, social, and economic spheres. While legal reforms in the post-Reformation period, including the 2000 Law on Ethnic Minority Rights, aimed to address discrimination, ethnic Chinese Indonesians still face challenges related to citizenship, cultural recognition, and legal protections. The study examines how these challenges persist in contemporary Indonesia, focusing on the lack of legal protections for ethnic Chinese in the areas of business ownership, political participation, and cultural expression. Using case studies of ethnic Chinese communities, the paper evaluates how legal reforms have been implemented—and sometimes ignored—by local authorities and societal structures. The paper also explores the ongoing impact of anti-Chinese sentiment in Indonesian society, fueled by economic competition and historical events such as the 1998 riots. The findings suggest that while there have been legal improvements in the recognition of ethnic Chinese Indonesians, significant social marginalization persists, limiting their ability to fully participate in Indonesian society. The paper concludes by proposing legal reforms aimed at enhancing social integration and cultural recognition, as well as strategies for combating ethnic-based discrimination in Indonesia.]]>
<![CDATA[Minority Women in Indonesia: Intersectionality, Gender Justice, and Legal Discrimination Against Ethnic and Religious Minorities ]]>
<![CDATA[Farhan Abdurrahman]]>;
<![CDATA[Siti Haryanti Putri]]>;
<![CDATA[Galih Widodo Nugraha]]>
<![CDATA[ Indonesian Minority Justice Review Vol. 2 No. 3 (2025): July, 2025 ]]>
Publisher : <![CDATA[COLLEGIUM JUSTICIA INDONESIA ]]>
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DOI: 10.65815/fvs4gf84
<![CDATA[This paper examines the compounded legal discrimination faced by women from ethnic and religious minority groups in Indonesia, focusing on the intersectionality of gender, ethnicity, and religion. Indonesian law theoretically offers protections for women’s rights, such as the 2004 Law on the Elimination of Domestic Violence and the 2007 Law on Gender Equality, yet women from minority communities—such as Batak Christian women or Muslim women from marginalized ethnic backgrounds—face compounded forms of discrimination in both public and private spheres. The study analyzes how legal frameworks fail to adequately address the specific challenges these women face, particularly in areas such as land rights, inheritance laws, and access to social services. Using case studies, interviews, and legal analysis, the paper demonstrates how the intersectionality of gender and minority status exacerbates women’s vulnerability to violence, economic exclusion, and social stigma. The paper also explores the role of religious and cultural norms in perpetuating gender-based violence and inequality within minority communities. The findings highlight the need for more inclusive and intersectional legal reforms that specifically address the unique needs of minority women. The paper concludes by recommending the development of comprehensive gender justice policies that incorporate ethnic and religious minority perspectives and ensure equal legal protections for all women, regardless of background.]]>
