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COLLEGIUM JUSTICIA INDONESIA People’s Empowerment, Rights, Human Advocacy, and Legal Knowledge Initiative (PERHAKI) Division Editorial Office: Karanganyar 003/001, Pekutan, Mirit, Kab. Kebumen, Jawa Tengah
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Contemporary Issues on Indonesian Human Rights Law and Policy
Published by COLLEGIUM JUSTICIA INDONESIA
ISSN : -     EISSN : 31645585     DOI : https://doi.org/10.65815
Core Subject :
Contemporary Issues on Indonesian Human Rights Law and Policy (e-ISSN: 3164-5585) is a peer-reviewed academic journal focusing on human rights law and policy in Indonesia, with relevance to Southeast Asian contexts. The journal examines the legal frameworks, policies, institutions, and mechanisms for the protection, promotion, and enforcement of human rights. Its scope covers human rights legislation and regulation, constitutional and international human rights law, human rights policy, state obligations, human rights institutions, accountability, access to justice, remedies, and legal reform. The journal also addresses specific human rights issues, including civil and political rights, economic and social rights, equality and non-discrimination, freedom of religion and belief, indigenous peoples’ rights, gender equality, and environmental human rights, where these are examined through a legal or policy perspective. Published by COLLEGIUM JUSTICIA INDONESIA in online electronic format, the journal was first published in 2024 and is issued quarterly in January, April, July, and October. It applies a double-anonymous peer-review process and provides open access under the CC BY 4.0 License.
Arjuna Subject : -
Articles 55 Documents
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Environmental Defenders Under Threat: Human Rights and Ecological Justice in Indonesia Muhammad Kurniawan
Contemporary Issues on Indonesian Human Rights Law and Policy Vol. 1 No. 1 (2024): January, 2024
Publisher : COLLEGIUM JUSTICIA INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65815/pjhpq484

Abstract

This paper examines the increasing threats faced by environmental defenders in Indonesia, focusing on human rights violations in the context of ecological justice. Over the past few decades, Indonesia has experienced rapid industrialization, leading to widespread deforestation, environmental degradation, and conflicts over land use. As a result, indigenous communities and environmental activists have been at the forefront of resistance, fighting against exploitation of natural resources. However, these defenders often face harassment, intimidation, and violence from both state and non-state actors, particularly corporations involved in the palm oil, mining, and forestry sectors. This study analyzes key incidents of persecution, the legal frameworks intended to protect environmental defenders, and the challenges in implementing these protections. The research also highlights the roles of human rights organizations and international advocacy in raising awareness of these threats. By focusing on case studies from Kalimantan, Sumatra, and Papua, the paper underscores the importance of safeguarding environmental defenders' rights to free speech, assembly, and protest. It concludes with policy recommendations for strengthening legal protections, improving law enforcement accountability, and promoting a rights-based approach to environmental justice.
The Right to Protest in Indonesia: Legal Boundaries and Democratic Dilemmas Agung Pambudi
Contemporary Issues on Indonesian Human Rights Law and Policy Vol. 1 No. 1 (2024): January, 2024
Publisher : COLLEGIUM JUSTICIA INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65815/q9h9cc92

Abstract

This paper explores the legal boundaries surrounding the right to protest in Indonesia, analyzing the evolving nature of public demonstrations in a post-Reformasi society. While Indonesia's Constitution guarantees the right to assemble peacefully, various legal and regulatory challenges have emerged in the context of political protests and social movements. This study investigates the balance between maintaining public order and respecting democratic freedoms, focusing on the role of the police, government regulations, and judicial interpretations in limiting or facilitating protests. Particular attention is given to controversial laws such as the 2018 omnibus law and the 2008 Law on Mass Organizations, which have been used to curtail protest activities. The research also examines the rise of online activism and digital protests, alongside traditional street demonstrations, and assesses the government's response to these new forms of political expression. By analyzing case studies from the Jakarta protests against labor reforms and the #MeToo movement, this paper discusses the democratic dilemmas that arise when the government seeks to regulate dissent. It concludes with recommendations for legal reforms to ensure that the right to protest is preserved without compromising national security or public order.
Children Behind Bars: A Human Rights Analysis of Juvenile Justice Practices in Indonesia Satria Herlambang; Antonius Xavier Eka Prasetya
Contemporary Issues on Indonesian Human Rights Law and Policy Vol. 1 No. 1 (2024): January, 2024
Publisher : COLLEGIUM JUSTICIA INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65815/p3gf1r91

Abstract

This paper provides a critical analysis of juvenile justice practices in Indonesia, with a focus on human rights issues related to the incarceration of children. Despite legal protections for minors under Indonesian law, including the Child Protection Law (2002), the reality for many children in the justice system is far from ideal. This research examines the treatment of children in detention, exploring issues such as overcrowding, lack of adequate rehabilitation programs, abuse, and the absence of proper legal representation. Using case studies from Indonesian youth detention centers, the paper analyzes how the criminal justice system fails to uphold international human rights standards, including the United Nations Convention on the Rights of the Child (CRC). Furthermore, the study explores the social and economic factors that contribute to the criminalization of children, such as poverty, lack of education, and the influence of gangs. The paper argues for urgent reforms in Indonesia’s juvenile justice system, calling for a shift toward rehabilitation, diversion programs, and the abolition of punitive practices. The findings highlight the need for better training of law enforcement and judicial officers, alongside increased public awareness of children’s rights.
Transitional Justice in Indonesia: Revisiting 1965 through a Human Rights Lens Ridwan Arifin; Eko Nuriyatman
Contemporary Issues on Indonesian Human Rights Law and Policy Vol. 1 No. 1 (2024): January, 2024
Publisher : COLLEGIUM JUSTICIA INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65815/09ycdh59

Abstract

This paper revisits the 1965-1966 anti-communist purges in Indonesia, analyzing the country's ongoing struggle with transitional justice and human rights. The purges, which led to the mass killing and displacement of thousands of Indonesians, remain a sensitive and largely unresolved issue in Indonesian history. The paper examines the long-term impacts of these atrocities on survivors, their families, and the nation as a whole. By analyzing legal responses, including recent efforts at reconciliation and historical memory projects, the research explores the challenges Indonesia faces in confronting this dark chapter of its past. Through a human rights lens, the study investigates the failure of the Indonesian government to fully acknowledge the violence, provide reparations to victims, and hold perpetrators accountable. The paper also highlights the role of civil society organizations, activists, and academics in advocating for justice and the recognition of the 1965 events as crimes against humanity. The findings underscore the need for a more robust transitional justice framework that incorporates truth-telling, accountability, and reparations.
Migrant Workers and the Protection Gap: The Human Rights of Indonesian Labor Abroad Stefanus Nugroho Adi
Contemporary Issues on Indonesian Human Rights Law and Policy Vol. 1 No. 1 (2024): January, 2024
Publisher : COLLEGIUM JUSTICIA INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65815/rtm5db24

Abstract

This paper examines the human rights challenges faced by Indonesian migrant workers abroad, focusing on the protection gap and the legal and social barriers that leave them vulnerable to exploitation and abuse. Indonesian migrant workers, particularly those employed in domestic work, agriculture, and construction in the Middle East, Malaysia, and other parts of Southeast Asia, often face severe violations of their rights, including physical abuse, non-payment of wages, and lack of access to justice. This research evaluates Indonesia’s legal and diplomatic frameworks for protecting migrant workers, including bilateral labor agreements and consular support, and assesses their effectiveness in safeguarding workers’ rights. Through case studies of high-profile abuses and interviews with migrant workers, the paper identifies key gaps in legal protections, such as inadequate labor contracts, the lack of legal recourse in host countries, and the vulnerabilities associated with undocumented migration. The paper also explores the role of NGOs, international organizations, and grassroots movements in advocating for better protections for migrant workers. The study concludes with recommendations for legal reforms and enhanced international cooperation to ensure the human rights of Indonesian labor migrants are upheld abroad.
Shrinking Civic Space? The State of Freedom of Expression in Contemporary Indonesia Mufatikhatul Munawwaroh
Contemporary Issues on Indonesian Human Rights Law and Policy Vol. 2 No. 4 (2025): October, 2025
Publisher : COLLEGIUM JUSTICIA INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65815/ksb86p67

Abstract

This paper examines the current state of freedom of expression in Indonesia, focusing on the shrinking civic space and increasing governmental control over public discourse. Over the past two decades, Indonesia has made significant strides toward democratic consolidation, yet recent years have witnessed a troubling trend in curbing freedoms of assembly, association, and speech. This study analyzes the legal and political landscape, considering the impact of laws such as the ITE Law (Information and Electronic Transactions Law) and the 2019 Omnibus Law on civil society organizations, journalists, and activists. The paper explores how these laws, ostensibly designed to maintain public order and protect citizens from digital harms, have been leveraged to stifle dissent and limit public critique of government actions. Drawing on case studies of key legal battles and high-profile incidents of repression, this paper provides a nuanced understanding of the mechanisms of control that impact freedom of expression. Additionally, it assesses the role of social media as both a platform for resistance and a tool for government surveillance. The findings suggest that while Indonesia’s commitment to democracy remains strong in some areas, the erosion of civic freedoms poses significant challenges to democratic health and the rule of law.
Digital Surveillance and the Right to Privacy in Indonesia: Between Security and Liberty Yuliana Putri
Contemporary Issues on Indonesian Human Rights Law and Policy Vol. 2 No. 4 (2025): October, 2025
Publisher : COLLEGIUM JUSTICIA INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65815/85vbtt68

Abstract

This paper explores the balance between national security concerns and the right to privacy in Indonesia, particularly in the context of digital surveillance. With the rapid expansion of digital technologies and the increasing reliance on internet-based communication, Indonesia has increasingly adopted surveillance practices as part of its national security strategy. This study investigates the legal frameworks that underpin digital surveillance, including the controversial 2016 Electronic Transactions and Information Law (ITE Law) and the more recent moves toward mass data collection through the National Cyber and Crypto Agency (BSSN). The paper critically evaluates how these measures impact individual privacy rights, drawing comparisons with international human rights standards and global surveillance practices. Using case studies of government surveillance, the research examines both the effectiveness of these measures in combating terrorism, cybercrime, and extremism, and the risks they pose to personal freedoms. The findings highlight a growing tension between security imperatives and civil liberties, with digital surveillance often extending beyond its stated purposes and encroaching upon personal privacy. The paper concludes with recommendations for legal reforms that safeguard privacy rights while balancing the state's security needs.
Human Rights in the New Criminal Code: Progress or Regression? Ridwan Arifin; Tri Imam Munandar; Muhammad Aditya Putranto
Contemporary Issues on Indonesian Human Rights Law and Policy Vol. 2 No. 4 (2025): October, 2025
Publisher : COLLEGIUM JUSTICIA INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65815/m2562937

Abstract

This paper critically examines the recently enacted Indonesian Criminal Code (RKUHP) and its implications for human rights protections in the country. The revised code, which came into force in January 2026, has sparked significant controversy and debate. Proponents argue that the new code brings necessary legal reforms to the Indonesian legal system, while critics contend that it introduces several regressive provisions that threaten fundamental freedoms. This study assesses key areas of concern, including the re-criminalization of certain behaviors, such as cohabitation outside of marriage, defamation of the president, and blasphemy, which have been widely criticized for restricting freedom of expression, privacy, and religious freedom. The paper also explores the broader political and social contexts that led to the passage of the new code, highlighting the influence of conservative religious groups and the impact of political compromises. Drawing on both legal analysis and empirical data, the research investigates whether the RKUHP represents progress in terms of modernizing Indonesia’s legal system or if it signifies a dangerous regression in human rights protections. The paper concludes by exploring potential avenues for reform to ensure that the new criminal code aligns with Indonesia's human rights obligations.
Protecting Indigenous Rights in Indonesia: Legal Frameworks and Ongoing Challenges Surya Adhi Kusuma
Contemporary Issues on Indonesian Human Rights Law and Policy Vol. 2 No. 4 (2025): October, 2025
Publisher : COLLEGIUM JUSTICIA INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65815/pxe4hm64

Abstract

This paper provides a comprehensive analysis of the legal frameworks designed to protect indigenous rights in Indonesia and the ongoing challenges these communities face in securing land rights, cultural preservation, and social justice. Despite constitutional guarantees and international commitments to indigenous peoples' rights, indigenous communities in Indonesia continue to face significant barriers, particularly in the areas of land tenure, environmental protection, and political participation. This study reviews key legal documents, such as the 1945 Indonesian Constitution, the 1999 Law on Forestry, and the 2013 Law on Indigenous Peoples, and assesses their effectiveness in safeguarding indigenous rights. The paper also examines how indigenous groups have mobilized through legal and political means to protect their lands and cultures, highlighting successful cases and ongoing struggles, including resistance to large-scale development projects such as mining and palm oil plantations. Drawing on case studies from regions such as Papua and Kalimantan, this research investigates the gap between legal protections and the lived realities of indigenous communities. The paper concludes with recommendations for strengthening legal protections and improving the participation of indigenous communities in decision-making processes at both local and national levels.
Between Faith and Freedom: Religious Intolerance and Minority Rights in Indonesia Moch Rizki Amrullah; Ibrahim Nuruddin
Contemporary Issues on Indonesian Human Rights Law and Policy Vol. 2 No. 4 (2025): October, 2025
Publisher : COLLEGIUM JUSTICIA INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65815/p4qmg310

Abstract

This paper explores the complex relationship between religious intolerance and minority rights in contemporary Indonesia, a country renowned for its cultural and religious diversity. While Indonesia’s constitution guarantees freedom of religion, the reality on the ground often reflects deep-seated tensions between the Muslim majority and religious minorities, including Christians, Hindus, Buddhists, and followers of indigenous faiths. This study investigates instances of religious discrimination and violence, such as attacks on places of worship, forced conversions, and the marginalization of religious minorities in political and social spheres. It also examines the role of religious groups, political parties, and state institutions in perpetuating or challenging religious intolerance. Drawing on case studies from regions like Aceh and West Java, the paper highlights the challenges faced by religious minorities in navigating a legal framework that often favors Islamic law and political Islam. The research considers both the legal protections available for minorities and the enforcement of these protections, particularly in light of recent shifts in Indonesia’s political and religious landscape. The paper concludes by suggesting policy reforms that promote religious tolerance and minority rights, emphasizing the importance of legal reforms and interfaith dialogue in overcoming religious intolerance.

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