This research evaluates social forestry policies in Indonesia through the lens of human rights, focusing on the experiences of forest farmers within local communities. While social forestry is intended to empower marginalized groups, promote forest conservation, and ensure equitable access to resources, its implementation exposes systemic barriers that undermine the human rights...
This paper addresses the legal antinomy present in the exercise of civil rights for persons with disabilities (PWD) in notarial activities in Indonesia. The conflict arises between the need for legal certainty, as required by national laws, and the obligation to provide equal justice and access for PWD, as mandated by the Convention on the Rights of Persons with Disabilities...
Trade unions are proliferating in Malaysia despite the presence of a semi-authoritarian climate. Comparatively, Indonesia is observing a decline in trade unions and respective membership despite a developing democracy. The present study aims to assess the trade unions in Malaysian and Indonesian Borneo that are rarely given attention. The literature reveals that the national...
The purpose of this study is to examine whether women have the right to refuse pregnancy. This idea is an Islamic jurisprudence initiated by KH. Husein Muhammad, an Indonesian feminist scholar. This study analyzes the reasons for the emergence of Husein Muhammad's thoughts and provides constructive criticism. The article argues that in Indonesian society, married couples are...
Gender dysphoria occurs not only in adults but also in underage children. Their inner conviction that their gender identity does not align with their physical body leads to a desire to alter their physical appearance through gender-affirming treatment(s) that affirm their gender identity. Examples include genitoplasty, puberty blockers, and cross-sex hormone therapies. Proponents...
Strengthening religious identity politics can be identified as one of the main factors contributing to the decline in religious freedom in Indonesia. While religious identity politics may serve to mobilize certain groups or advance specific agendas, its escalation often comes at the expense of religious freedom and social harmony. Against Indonesia's pluralistic society and...
This research delves into the nuanced interplay between religious freedom and legal norms in Indonesia, with a specific focus on the Sikh practice of carrying the kirpan. This ceremonial dagger, integral to Sikh faith and identity, presents a unique challenge within Indonesia's diverse legal and socio-cultural landscape, marked by the country's commitment to Pancasila, which...
Over the past century, the trajectory of gender equality in Vietnam has been marked by a nuanced interplay of historical contexts, societal norms, and ideological shifts. A burgeoning women’s movement has emerged, favoring the term ‘gender equality’ over ‘feminism’ in private and public spheres. Gender equality has historically challenged traditional norms, notably during times...
Safeguarding human rights is the obligation of every nation under international human rights laws. However, some situations require a nation to restrict individual rights to protect public interests. Responding to COVID-19 provided a great example for Vietnam to review its legal ground for regulating limitations on human rights to prevent its expansion. However, the question...
This study explores the political economy of Minangkabau, a culturally rich and the world’s largest matrilineal community. The research focuses on understanding the power dynamics between men and women by conducting a gender analysis. The findings reveal that Minangkabau women hold a unique and privileged societal position. Traditionally, societal expectations allocate more roles...
NGOs play a crucial role in safeguarding human dignity, especially in developing countries like Indonesia, where they strategically work to address pressing human rights issues. However, NGOs encounter various challenges that impede their efforts. This research specifically focuses on the challenges faced by NGOs working in human trafficking and exploitation in Indonesia. The...
This paper discusses gender equality in sustainable development goals as a response to the 2023 United Nations Sustainable Development Goals Report. Through the lens of international environmental law, gender equality achievement is examined both by its international commitment and its implementation at local institutions. This study focuses on elements of the data report that...
Protecting Indonesian migrant workers (IMWs) in Malaysia is a matter of great significance due to Indonesia's status as one of the primary source countries for migrant workers to Malaysia. Consequently, it necessitates the implementation of comprehensive governance measures by both nations. This paper aims to analyze the joint endeavors and collaborative frameworks established...
Human rights and democracy in Southeast Asia continues to attract the attention of scientists in this region to study and examine them in depth. In this context, a centralized and methodical style of authoritarianism, such as that used by Suharto's New Order in Indonesia, has restricted public dialogue of human rights and democracy , and is unlikely to attract the public of...
This study focuses on the involvement of state actors in agrarian conflict. Various policies have been introduced in order to resolve the agrarian conflicts. However, the existence of these policies did not necessarily bring about positive changes in the subsequent years. From 2012 to 2022 (a decade), agrarian conflicts have become increasingly uncontrollable. Throughout the year...
This article examines the philosophical foundation of the tension between two contested legal paradigms, namely the Sociological Jurisprudence and Historical School of Jurisprudence, and how the contestation affects human rights discourse in Indonesia. Sociological jurisprudence perceives law as a tool of social engineering, while the Historical School of Jurisprudence argues...
In the context of the current efforts that Indonesia is making to alter its prostitution laws, it is of the utmost importance to determine the strategy that will be most effective. The two strategies implemented most are known as harm reduction and harm elimination. This study employs a juridical-normative research method to analyse various plans, weighing the pros and cons of...
This article aims to explain the views of the Catholic Church on human rights and put them into dialogue with the concept of human rights based on discourse theory as put forward by Jürgen Habermas. In the view of the Catholic Church, the ethical basis for the concept of human rights is the biblical view of human beings as being made in the image of God, which later became the...
Reintegrating juvenile offenders into society with a positive reception is a primary objective of education, aimed at breaking the cycle of incarceration that results in recidivism. This article aims to delineate the prison education policies within Indonesian juvenile correctional facilities (LPKA), focusing on regulatory frameworks and their practical implementation. It focuses...
This study critically examines the existence of indigenous peoples within the framework of promoting cultural rights in Indonesia. The main reason for this study is that the Indonesian Law on Advancement of Culture enacted in 2017 did not explicitly include indigenous peoples as a crucial aspect of preserving cultural activities. Consequently, there has been no significant policy...
Human trafficking is a domestic and transnational crime that poses complex law enforcement challenges to all nations. Vietnam is particularly affected due to rapid growth in labour migration and international tourism. The presumption of law makers is that by improving the criminal justice response to trafficking in persons (TIP), its incidence within the country and beyond its...
Stateless people are often denied access to the same rights and services as citizens. Furthermore, statelessness is often the result of discrimination against women, an issue that SDGs aim to address. This paper analyses how the Indonesian Nationality Law protects children at risk of statelessness. It also raises some legal challenges when applying the law with regards to the...
This study aims to examine the role of the United Nations Fund for Women (UNIFEM) in upholding women's rights by helping victims of sexual violence in the Darfur region of Sudan. By extension, it explores whether the organisation provided an effective example of a feminist groups in the face of this issue. This research is descriptive, using qualitative methods. The data taken is...
This article presents evidence that the construction of Islamic law is influenced by women's voices, experiences, and problems. It also offers a critique of the misogynistic narrative of Islamic law. Adopting a socio-historical approach with a women's perspective, this research demonstrates the inadequacy of current studies that argue that Islamic law places women in an inferior...
This research examines the concept of a regional wide-ranging autonomy principle that aims to promote local uniqueness and traditions and their impact on the rights and protections of traditional communities and their Traditional Knowledge (TK). Empirical data collected from early to mid-2021 in Barito Kuala District, Indonesia, was used. The results revealed that the local...