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Contact Name
Ria Wulansarie
Contact Email
publications@perhaki.org
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Journal Mail Official
publications@perhaki.org
Editorial Address
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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INDONESIA
Contemporary Issues on Indonesian Human Rights Law and Policy
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
Women’s Land Rights in Indonesia: A Human Rights Perspective on Agrarian Reform Aprila Niravita; Souad Ezzerouali; Suhadi Suhadi; Amiludin Amiludin
Contemporary Issues on Indonesian Human Rights Law and Policy Vol. 2 No. 1 (2025): January, 2025
Publisher : COLLEGIUM JUSTICIA INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65815/32gshe70

Abstract

This paper critically examines women’s land rights in Indonesia, focusing on how agrarian reform policies intersect with gender equality and human rights. Despite significant legal advancements in gender equity, women in rural and agrarian communities face persistent challenges in securing land ownership and control. Drawing on case studies from various provinces, the study explores the impact of Indonesia’s agrarian reform programs on women’s access to land and their ability to participate in decision-making processes related to land use. It analyzes the legal framework governing land rights, particularly the 1960 Basic Agrarian Law, and assesses its effectiveness in ensuring gender-inclusive land distribution. The paper also examines how social norms, patriarchy, and cultural practices impede women’s rights to own and control land. Using a human rights perspective, it emphasizes the need for reforms that address these structural barriers and promote gender justice in land governance. The research advocates for the integration of a gender-sensitive approach into Indonesia’s agrarian policies, highlighting the importance of land rights as a fundamental aspect of women’s economic empowerment and social justice. The paper concludes by proposing policy recommendations aimed at securing women’s land rights and ensuring their full participation in the nation’s agrarian reform agenda.
Artificial Intelligence, Digital Rights, and Human Dignity in Indonesia’s Tech Regulation Eunike Putri; Fadhel Arjuna Adinda
Contemporary Issues on Indonesian Human Rights Law and Policy Vol. 2 No. 1 (2025): January, 2025
Publisher : COLLEGIUM JUSTICIA INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65815/5ef5c858

Abstract

This paper investigates the intersection of artificial intelligence (AI), digital rights, and human dignity in Indonesia’s emerging tech regulatory landscape. As Indonesia continues to develop its digital economy, concerns about the ethical implications of AI technologies, including surveillance, data privacy, and discrimination, have become increasingly urgent. The study examines Indonesia’s existing regulatory frameworks on AI, focusing on data protection laws, privacy rights, and digital freedoms. It explores how Indonesia’s laws align with international human rights standards, particularly the protection of individual dignity and autonomy in the digital space. Through an analysis of recent legal developments, including the Personal Data Protection Law and the draft Cybersecurity Bill, the paper critiques the limitations of these frameworks in addressing the rapid growth of AI technologies. The research highlights the need for stronger protections against algorithmic bias, discrimination, and the misuse of personal data, stressing that human dignity must remain central to any technological advancements. The study calls for a holistic approach to digital rights that includes ethical AI development, robust privacy protections, and transparency in tech governance.
Reproductive Health and Rights in Indonesia: Navigating Between Morality and Autonomy Adhi Puja Kusuma
Contemporary Issues on Indonesian Human Rights Law and Policy Vol. 2 No. 1 (2025): January, 2025
Publisher : COLLEGIUM JUSTICIA INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65815/svsdre55

Abstract

This paper explores the complex landscape of reproductive health and rights in Indonesia, where cultural, religious, and political factors intersect to shape public policy and individual autonomy. Despite legal advancements in reproductive health, such as the 2009 Law on Population and Family Development, significant barriers remain for women, particularly in rural areas and among marginalized communities. The study investigates how Indonesia’s policies and practices navigate the tension between moral conservatism and the autonomy of individuals, especially women, in making decisions about their reproductive health. It critically examines the role of religious and cultural beliefs in influencing reproductive health legislation, including access to contraception, abortion, and maternal health services. The paper also explores the implications of the government's stance on reproductive health rights in terms of gender equality and human rights. By analyzing the legal framework, health outcomes, and public opinion, the study highlights the challenges faced by women in exercising their reproductive rights and the broader implications for gender justice. The paper concludes with policy recommendations to enhance reproductive health services and ensure that women’s autonomy is respected within the legal and cultural contexts of Indonesia.
Human Rights and Climate Change in Indonesia: Legal Gaps in Protecting Climate-Vulnerable Communities Ahmad Subkhi; Agus Christmasco
Contemporary Issues on Indonesian Human Rights Law and Policy Vol. 2 No. 1 (2025): January, 2025
Publisher : COLLEGIUM JUSTICIA INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65815/19gfgm78

Abstract

This paper examines the intersection of human rights and climate change in Indonesia, focusing on the legal gaps that hinder the protection of climate-vulnerable communities. Indonesia, as one of the world’s most climate-affected nations, faces significant challenges due to rising sea levels, deforestation, and natural disasters, all of which disproportionately impact marginalized populations, including indigenous groups and rural communities. The study evaluates Indonesia’s existing environmental and human rights laws, particularly in relation to climate change adaptation and resilience-building, and identifies areas where legal frameworks fail to protect vulnerable populations. Using a rights-based approach, the paper critiques the government’s climate policies, particularly those that overlook the rights of indigenous peoples and local communities who are most affected by environmental degradation. It also examines the international human rights framework, assessing Indonesia’s compliance with global agreements such as the Paris Agreement and the UN Declaration on the Rights of Indigenous Peoples. The research proposes legal reforms that integrate climate justice and human rights, emphasizing the need for inclusive, community-led climate policies that protect both the environment and human dignity.
Access to Justice in Rural Indonesia: A Human Rights Approach to Legal Empowerment Aan Kurniawan
Contemporary Issues on Indonesian Human Rights Law and Policy Vol. 2 No. 1 (2025): January, 2025
Publisher : COLLEGIUM JUSTICIA INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65815/a0yph850

Abstract

This paper investigates the challenges and opportunities in providing access to justice for rural communities in Indonesia, using a human rights approach to legal empowerment. Despite efforts to improve legal access through the expansion of legal aid services and the development of community-based legal interventions, rural populations continue to face barriers such as inadequate legal knowledge, geographical isolation, and limited access to justice institutions. The study focuses on the role of local legal aid organizations, community paralegals, and grassroots movements in addressing these gaps. Through interviews with legal professionals, community leaders, and rural residents, the paper explores how legal empowerment initiatives are enabling marginalized communities to assert their rights and navigate the legal system. It also examines the effectiveness of Indonesia’s legal framework in guaranteeing access to justice in rural areas, particularly with respect to land rights, domestic violence, and labor rights. The paper concludes with policy recommendations for strengthening rural access to justice, including improved legal literacy programs, better infrastructure for legal aid, and the integration of traditional dispute resolution mechanisms into the formal justice system.
Freedom of Expression in the Digital Age: A Study of Social Media Censorship and Human Rights in Indonesia Windiahsari Windiahsari; Bayangsari Wedhatami; Varun Chhachhar
Contemporary Issues on Indonesian Human Rights Law and Policy Vol. 1 No. 4 (2024): October, 2024
Publisher : COLLEGIUM JUSTICIA INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65815/k6w1dn46

Abstract

This paper explores the relationship between freedom of expression and the regulation of social media platforms in Indonesia, particularly within the context of government efforts to control online content. As the digital space becomes a significant arena for public discourse, Indonesia has increasingly imposed laws regulating social media, often citing national security, public order, and the prevention of disinformation. This paper examines the impact of these regulatory practices on human rights, focusing on censorship, online surveillance, and the potential stifling of political dissent. Drawing on legal texts, case studies, and interviews with activists, legal experts, and social media users, the paper analyzes how digital censorship is implemented and its implications for the exercise of free speech. The research highlights the tension between maintaining public order and ensuring the protection of fundamental freedoms, specifically freedom of expression. The study also evaluates the role of international human rights standards, such as the International Covenant on Civil and Political Rights (ICCPR), in framing Indonesia’s approach to digital censorship. The paper concludes by proposing recommendations for balancing state interests with the protection of digital rights, emphasizing the need for transparent regulations that align with democratic principles and human rights protections.
Indigenous Land Rights and Human Rights Violations in Papua: A Case Study of Land Grabbing and Corporate Exploitation Marchella Putri; Ainun Khadijah
Contemporary Issues on Indonesian Human Rights Law and Policy Vol. 1 No. 4 (2024): October, 2024
Publisher : COLLEGIUM JUSTICIA INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65815/cyqdx250

Abstract

This paper examines the human rights violations linked to land grabbing and corporate exploitation in Papua, Indonesia, with a specific focus on the impact on indigenous land rights. Indigenous Papuans face significant challenges in securing their ancestral lands from encroachment by multinational corporations engaged in resource extraction, including mining and agriculture. The research provides a critical analysis of the legal and regulatory frameworks that govern land rights in Papua, highlighting the gaps in enforcement and the role of both the Indonesian government and corporate actors in facilitating these violations. Using case studies from Papua’s resource-rich regions, the paper documents instances of forced displacement, environmental degradation, and violent conflicts over land ownership. It also explores the complicity of local authorities in enabling these abuses and the marginalization of indigenous voices in land governance decisions. The study draws on international human rights law, including the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), to argue for stronger protections for indigenous land rights. The paper concludes with policy recommendations aimed at ensuring better legal recognition of indigenous territories, increasing community participation in decision-making processes, and holding corporations accountable for human rights violations.
The Right to Education for Marginalized Groups in Indonesia: A Focus on Children with Disabilities and Ethnic Minorities Muhammad Iqbal; Achmad Shiddiq
Contemporary Issues on Indonesian Human Rights Law and Policy Vol. 1 No. 4 (2024): October, 2024
Publisher : COLLEGIUM JUSTICIA INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65815/a12edw43

Abstract

This paper investigates the state of education rights for marginalized groups in Indonesia, focusing on children with disabilities and ethnic minorities. Despite legal frameworks that guarantee the right to education for all, significant barriers persist in ensuring equal access to quality education for these groups. The paper examines how socio-economic, cultural, and institutional factors contribute to the marginalization of children with disabilities and ethnic minorities in the education system. Through an analysis of policies, educational infrastructure, and regional disparities, the research highlights the challenges faced by these groups in accessing inclusive and equitable education. The study further critiques the implementation of Indonesia’s education laws, such as the 2003 National Education System Law and the 2016 Law on Persons with Disabilities, pointing to gaps in resources, teacher training, and accessibility. The research incorporates case studies from remote regions and urban centers, emphasizing the role of public opinion and local practices in shaping educational outcomes. The paper concludes with recommendations for strengthening inclusive education policies, improving accessibility, and fostering social awareness to better integrate marginalized children into the national education system.
Women’s Rights in Indonesia: Gender-Based Violence and the Challenge of Legal Protection Cahya Wulandari; Winarsih Winarsih
Contemporary Issues on Indonesian Human Rights Law and Policy Vol. 1 No. 4 (2024): October, 2024
Publisher : COLLEGIUM JUSTICIA INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65815/yqe5k217

Abstract

This paper explores the issue of gender-based violence (GBV) in Indonesia and evaluates the country’s legal and societal frameworks in providing protection for women. Despite legal advancements, including the passing of the Domestic Violence Law in 2004 and the more recent Sexual Violence Eradication Law (TPKS) in 2022, women in Indonesia continue to face significant challenges in accessing justice and protection from violence. This study critically analyzes the effectiveness of these legal provisions and the gaps in enforcement, focusing on issues such as victim-blaming, the role of local authorities, and the prevalence of cultural norms that undermine women’s rights. Drawing on data from national surveys, legal case studies, and interviews with survivors, the paper examines the broader societal attitudes toward gender-based violence, exploring the intersection of law, culture, and religion. The research also discusses the limitations of existing legal frameworks in addressing the complexities of GBV, such as intimate partner violence, sexual harassment, and trafficking. The paper concludes with recommendations for improving legal protections for women, enhancing support services for survivors, and fostering a cultural shift toward greater gender equality.
The Treatment of Refugees in Indonesia: Legal Protections and Human Rights Challenges Ridwan Arifin; Mellisa Towadi; Ngboawaji Daniel Nte
Contemporary Issues on Indonesian Human Rights Law and Policy Vol. 1 No. 4 (2024): October, 2024
Publisher : COLLEGIUM JUSTICIA INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65815/7mkync05

Abstract

This paper examines the treatment of refugees in Indonesia, focusing on the country’s legal protections and the human rights challenges faced by refugees. Indonesia is not a signatory to the 1951 Refugee Convention but hosts a significant number of refugees, primarily from conflict zones such as Afghanistan, Myanmar, and Syria. The paper explores the legal and policy frameworks governing refugees in Indonesia, including the role of the UNHCR (United Nations High Commissioner for Refugees) and the Indonesian government’s non-commitment to permanent resettlement solutions. It critically analyzes the gap between the country’s international human rights obligations and domestic practices regarding refugee treatment. Through a combination of legal analysis and interviews with refugees and advocacy groups, the study highlights the challenges refugees face, including prolonged detention, limited access to work permits, and the lack of social services and education. The paper also examines the role of public opinion, which often views refugees negatively, and the broader political context that shapes the state’s approach to refugees. The study concludes by offering recommendations for improving legal protections, expanding refugee support services, and fostering a more inclusive and humane approach to refugee rights in Indonesia.