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- Keyword
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- Amnesty, transitional justice, gross human rights violation (1)
- Asylum seekers, indonesia, immigration, refugees, resettlement (1)
- Children’s rights, civil procedure, marriage, dispensation, indonesia (1)
- Forced evictions, public interests, community interests, Indonesia (1)
- Freedom of expression, digital communications, human rights, limitation of human rights (1)
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- Haze crisis, human rights, komnas ham, non-judicial grievance mechanism (1)
- Host states, refugees, asylum-seekers, refugee status determination, unhcr (1)
- Human Rigts, South East Asian, Indonesia's perspective (1)
- Human rights, asylum seekers, unaccompanied minor asylum seekers, Australia, ASEAN (1)
- Human rights, human rights court (1)
- Human rights, universality, cultural relativism, gender, discrimination against women (1)
- Legal aid, human rights, criminal procedure, rules, standards (1)
- Migrant Domestic Worker, breach of rights, policy and legislative, redresses mechanism (1)
- Pancasila, ideological curtailment, societal organization, freedom of expression, human rights (1)
- Peasant resistance, state response, fulfillment, land rights (1)
- Public international law, human rights education and capacity development,United Nations (1)
- Refugee, asylum seeker, rohingya, Indonesia (1)
- Restrictions, freedom of religion, indonesia, germany, public order, human rights (1)
- The right to education, indonesia, human rights (1)
- Trafficking in persons, fisheries, Thailand, Indonesia, MLA (1)
- Women victims’ rights, gross human rights violation, sexual violence eradication act (1)
Articles 1 - 21 of 21
Full-Text Articles in Law
Sanctioning Ideas: Alternative International Law Argument In Defence Of Indonesia’S Ideological Curtailment On Societal Organization, Billy Esratian
Sanctioning Ideas: Alternative International Law Argument In Defence Of Indonesia’S Ideological Curtailment On Societal Organization, Billy Esratian
Indonesia Law Review
Engulfed in a constant ideological challenge from various societal organizations, Indonesia inflicts an ideological curtailment measure as an attempt to defend the reign of its state ideology, Pancasila. To this end, societal organization is barred to actively adopt, develop, and spread any teaching or idea which contradicts Pancasila. From international law standpoint, assertion over the measure’s incompatibility with human rights norms emerges. Although, a portion of the justification conveyed by the Government of Indonesia did stipulate a reference to international human rights law regime by virtue of the invocation of state of emergency and a presumably regional norm, such defence …
Komnas Ham's Human Rights Jurisdiction Over Businesses Involved In The Haze Crisis, Iman Prinhandono, Nadirsyah Hosen, Kelly Boom
Komnas Ham's Human Rights Jurisdiction Over Businesses Involved In The Haze Crisis, Iman Prinhandono, Nadirsyah Hosen, Kelly Boom
Indonesia Law Review
Indonesia’s forest fires have caused a serious haze problem nationally and in the Southeast Asian region, which has caused harm to the rights to life, health and a healthy environment, work, education, and many others. The forest fires largely stem from harmful slash-and-burn methods of land clearing, done at large scales by corporations. Judicial mechanisms have proven ineffective to deter violating corporations and bring justice to victims. From a legal standpoint, Komnas HAM’s quasi-jurisdictional powers allow it to act as a non-judicial grievance mechanism for victims in the haze crisis and against violating corporations. However, issues with the non-binding nature …
Ineffective Refugee Status Determination Process: Hindrance To Durable Solution For Refugees Rights And Protection, Rohaida Nordin, Norilyani Hj Md Nor, Rosmainie Rofiee
Ineffective Refugee Status Determination Process: Hindrance To Durable Solution For Refugees Rights And Protection, Rohaida Nordin, Norilyani Hj Md Nor, Rosmainie Rofiee
Indonesia Law Review
In any State of Asylum, the process of Refugee Status Determination (RSD) conducted by the United Nations High Commissioner for Refugees (UNHCR) is critical in facilitating asylumseekers to seek necessary protections. UNHCR ensures that asylum-seekers will not be returned involuntarily to the State of Origin where they could face persecution. As a long-term solution, UNHCR helps refugees to find appropriate and permanent solutions to their plights, either by repatriating them voluntarily to their homeland or assisting them to integrate into the States of Asylum or helping them to resettle in third States. In the absence of domestic legal protection in …
When Children’S Rights Are At Stake, Shall Court Remain Silent? Analysis On The Implementation Of Passivity Of Judge Principle In Child Marriage Dispensation In Indonesia, Laras Susanti Ms
Indonesia Law Review
This article explores the existence of asas hakim pasif (passivity of judge principle) in cases involving children in civil cases in Indonesia. As one of the basic principles in civil procedure, judges must be bound by the scope of the case and evidence brought by parties. The principle is not absolute, however, showing that under the Law on Judicial Power; judges are obliged to uphold justice by exploring law and social values more than often. A study case in marriage dispensation shows that judges are facing pluralism orders. Therefore, judges’ value and understanding of children’s rights is a determinant factor. …
Limitation Of Rights As A Manifestation Of Duties And Responsibilities Pertaining To The Freedom Expression In Digital Communications, Edmon Makarim, Muhammad Ibrahim Brata, Nabilla Arsyafira
Limitation Of Rights As A Manifestation Of Duties And Responsibilities Pertaining To The Freedom Expression In Digital Communications, Edmon Makarim, Muhammad Ibrahim Brata, Nabilla Arsyafira
Indonesia Law Review
The freedom of expression is thriving due to the global use of the internet. The digital era has revolutionized the scope, practices, and even the definition of freedom expression. However, it also evokes a number of social concerns. Offenses such as the circulation of defamation, hate speech, misleading propaganda to the masses, and fraud, for instance, can be found in the internet. Certain limitations deriving from the conditions prescribed by the human rights principles and instruments as well as the national constitution are therefore prudent to prevent the excess of freedom. As a state that abides to the rule of …
"Elimination Of Culture Based Discrimination Against Women In Indonesia: An Assessment Of The Implementation Of State Parties’ Obligations Under Article 5(A) Of The Women’S Convention", Widya Naseva Tuslian
"Elimination Of Culture Based Discrimination Against Women In Indonesia: An Assessment Of The Implementation Of State Parties’ Obligations Under Article 5(A) Of The Women’S Convention", Widya Naseva Tuslian
Indonesia Law Review
The notion of cultural relativism has always been a fundamental challenge to upholding human rights values, especially regarding gender mainstreaming and the equality of both sexes. In this sense, there is a view that cross-cultural moral values are not acceptable given thecultural traits that produce their own modes of thinking and ideology. It is thus understandable that Article 5(a) of the Women’s Convention (i.e.,The Convention on the Elimination of all Forms of Discrimination Against Women), which is the only provision in international law that seeks to modify cultures that prejudice women, will deal with constant hurdles in countries like Indonesia …
Restrictions Of The Rights Of Freedom Of Religions: Comparison Of Law Between Indonesia And Germany, A. A. A. Nanda Saraswati, Setiawan Wicaksono, Ranitya Ganindha, M. Choirul Hidayat
Restrictions Of The Rights Of Freedom Of Religions: Comparison Of Law Between Indonesia And Germany, A. A. A. Nanda Saraswati, Setiawan Wicaksono, Ranitya Ganindha, M. Choirul Hidayat
Indonesia Law Review
The rights of freedom of religion and beliefs are constitutionally guaranteed, both in Indonesia and Germany. However, the right of freedom of religion is not unlimited. This paper aims to identify and analyze (1) Why there is the right of freedom of religion is restricted, (2) What product of the law is that regulates restriction on the right of freedom of religion in Indonesia and Germany, and (3) What purpose do Indonesia and Germany have in restricting the right of freedom of religion? This paper uses a normative research method that references legislation and takes a historical and comparative approach. …
Women Rights Fulfillment As The Victim Of Gross Human Rights Violation: Urgency For The Sexual Violence Eradication Bill, Ani Purwanti, Rian Adhivira Prabowo
Women Rights Fulfillment As The Victim Of Gross Human Rights Violation: Urgency For The Sexual Violence Eradication Bill, Ani Purwanti, Rian Adhivira Prabowo
Indonesia Law Review
Heretofore in Indonesia, cases of gross violation of human rights have faced an indefinite stagnation of justice. Although the Indonesian government has ratified international human rights conventions and enacted its own system of human rights law, such laws have proven unable to fulfill the restoration of justice toward these victims in two particular aspects: convictions against the perpetrators and reparations for the victims. This article focuses on fulfilling the rights of women victims of past gross human rights violations. It will be based on normative legal research by which the existing laws are critically analyzed in order to expose the …
Refugees Resettlement: A Review Of Indonesian Laws And Practices, Arie Afriansyah, Eva Achjani Zulfa
Refugees Resettlement: A Review Of Indonesian Laws And Practices, Arie Afriansyah, Eva Achjani Zulfa
Indonesia Law Review
This research analyzes the legal aspects of resettlement within the context of Indonesian law. First, it discusses the laws that related to the interaction between refugees and the Indonesian people. Second, this research will discuss how Indonesia applies Indonesian national law when it comes to the treatment of refugees during their period of resettlement. Third, this research will offer a proposal in regards to the structuring of national policy in terms of how the treatment of asylum seekers that have received refugee status as they await the process of resettlement. In cohesion to these three notions, this research utilizes a …
The Right Of Early Access To Criminal Legal Aid In Indonesia: Clear Rule, Clearer Violations, Maxwell Abbott
The Right Of Early Access To Criminal Legal Aid In Indonesia: Clear Rule, Clearer Violations, Maxwell Abbott
Indonesia Law Review
This article will examine the right of early access to criminal legal aid in Indonesia, both in theory and in practice. In theory, the right of early access to criminal legal aid (the Right) is clear and firmly established in Indonesian law and international law which applies to Indonesia: individuals under arrest or in detention are entitled to receive legal aid at all stages of the criminal justice process. Therefore, law enforcement may not deny or delay a suspect’s access to a lawyer during the initial procedural stages of arrest, investigation and detention. This article will argue that the Right …
Between Public And Communal Interests: A Legality Issue Forced Evictions Occuring In Jakarta, Erna Dyah Kusumawati
Between Public And Communal Interests: A Legality Issue Forced Evictions Occuring In Jakarta, Erna Dyah Kusumawati
Indonesia Law Review
Forced evictions are considered as a “global epidemic” since they occur in several countries regardless of the states’ development level. The private ownership issues and the development issues are examples of rationales behind forced evictions. Under the human rights regime, states are obliged to refrain from any eviction, moreover, the states are required to adopt measures preventing forced evictions from happening or provide the victims with legal mechanisms to challenge the policies if evictions occur. International law prohibits forced evictions and offers a guideline for forced eviction triggered by development. This paper will investigate the legality of forced evictions happening …
The Past Is Another Country: Designing Amnesty Law For Past Human Rights Violators, Harison Citrawan
The Past Is Another Country: Designing Amnesty Law For Past Human Rights Violators, Harison Citrawan
Indonesia Law Review
In the context past gross human rights violation cases in Indonesia, the President’s constitutional authority to propose amnesty law might by and large implicate legal and ethical aspects. Holistically, any forgiveness and oblivion against any human rights violators should consider the development and the dynamic of international criminal law, which arguably have been directed to an absolute individual criminal responsibility. Against this issue, this paper finds that based on legal and ethical arguments, accompanied with various technical preconditions outlined in the Belfast Guideline on Amnesty and Accountability, an amnesty towards past gross human rights violators must be taken paradigmatically. Arguably, …
Abused And Alone: Legal Redress For Migrant Domestic Workers In Malaysia, Jennifer Whelan, Rohaida Nordin, Ma Kalthum Ishak, Nursyuhada Matwi
Abused And Alone: Legal Redress For Migrant Domestic Workers In Malaysia, Jennifer Whelan, Rohaida Nordin, Ma Kalthum Ishak, Nursyuhada Matwi
Indonesia Law Review
Malaysia’s rapid economic development has relied on Malaysian workers as well as on migrant workers, especially from ASEAN countries and South Asia. The sustained high economic growth rates in Malaysia over approximately three decades caused the increase in migrant workers, who were to meet the rising demand in certain sectors of the Malaysian labour market. The objective of the article is to identify potential opportunities for policy and legislative reform in relation to Malaysia’s implementation of its obligations as a Migrant Domestic Worker (MDW) receiving country specifically in relation to the barriers to MDW bringing claims where their rights have …
Indonesia & Thailand: “Maltreatment”/ “Forced Labor”/ “Tip” In Fisheries In Indonesia/Thailand, Pisawat Sukonthapan
Indonesia & Thailand: “Maltreatment”/ “Forced Labor”/ “Tip” In Fisheries In Indonesia/Thailand, Pisawat Sukonthapan
Indonesia Law Review
This article focuses on “trafficking in persons” (TIP) in fisheries in Indonesia and Thailand. This The article refers to key international instruments on TIP and continues by discussing recent cases of TIP in fisheries in Indonesia that were reported in the first half of year 2015. It also explores national domestic legislation of Indonesia and Thailand in relation of measures to combat trafficking in the region. Bilateral and multilateral treaties such as the Treaty between the Government of the Kingdom of Thailand and the Government of the Republic of Indonesia Relating to Extradition and the ASEAN Treaty on Mutual Legal …
Peasants’ Land Rights Claims Over Plantation Companies’ Sites In Central Java, Indonesia (1998-2014), Siti Rakhma Mary Herwati, Yanuar Sumarlan
Peasants’ Land Rights Claims Over Plantation Companies’ Sites In Central Java, Indonesia (1998-2014), Siti Rakhma Mary Herwati, Yanuar Sumarlan
Indonesia Law Review
This article reveals the opening of political and legal opportunities for the landless peasants of Central Java at the end of the 1990s to reclaim their lands that were confiscated during the end of the 1950s through a nationalization program to take over Dutch-controlled lands. Taking two sites of plantations that have been targeted as the peasantries’ land reclaiming campaign, this article shows the processes of the reclaiming, the responses of both plantation companies and state, and the respect of the state over rights to access to lands or property rights of the peasants as citizens. Using some legal and …
Unaccompanied & Denied: Regional Legal Framework For Unaccompanied Minors Asylum Seekers (Umas), Rohaida Nordin, Jennifer Whelan, Saidatul Nadia Abd. Aziz, Meerah Deiwi Rajagopal
Unaccompanied & Denied: Regional Legal Framework For Unaccompanied Minors Asylum Seekers (Umas), Rohaida Nordin, Jennifer Whelan, Saidatul Nadia Abd. Aziz, Meerah Deiwi Rajagopal
Indonesia Law Review
Unaccompanied minor asylum seekers are vulnerable and thus, provided special international law protections. However, in reality, they are being mistreated as illegal immigrants and on the receiving end of ethnic violence, discrimination, restrictions in enjoyment of their rights duly recognised by international human rights law. This article identifies legislative, policy and support mechanisms which encompass the minimum UMAS guardianship standards at international law and which are evidence-based from best practice models for the provision of guardians for UMAS internationally. It presents situation of UMAS in relation to human rights violations with emphasis on the legal framework and practices in Australia …
Should Indonesia Accede To The 1951 Refugee Convention And Its 1967 Protocol?, Dita Liliansa, Anbar Jayadi
Should Indonesia Accede To The 1951 Refugee Convention And Its 1967 Protocol?, Dita Liliansa, Anbar Jayadi
Indonesia Law Review
Being a non-party to the 1951 Convention relating to the Status of Refugees (“1951 Refugee Convention”) and 1967 Protocol relating to the Status of Refugees (“1967 Protocol”), Indonesia does not have legal obligations to provide permanent resettlement for asylum seeker and/or refugee. However, as a transit country for those seeking shelter in Australia, Indonesia undergoes a myriad of issues resulting from illegal entrance by asylum seeker and/or refugee. Besides having neither legal framework nor domestic mechanism to handle asylum seekers and/or refugee, Indonesia’s immigration law identifies every foreigner including asylum seeker and refugee who unlawfully enter Indonesia’s territory into the …
The Implementation Of The Right To Education In Indonesia, Munafrizal Manan
The Implementation Of The Right To Education In Indonesia, Munafrizal Manan
Indonesia Law Review
This article discusses the implementation of the right to education in Indonesia. It uses human rights and historical approaches. Human rights approach is used to describe international human rights instruments on the guarantee of the right to education that is applied universally. This approach is also dealing with international human rights instrument on the right to education that has been ratified by Indonesia as well as national regulation instruments on the right to education applied in Indonesia. Historical approach highlights the role of Indonesian governments in education sector after the Independence Day, especially regarding the implementation of the right to …
The Existence Of Human Rights Court As A National Effort To Eliminate The Severe Violation Of Human Rights In Indonesia, Junaedi Junaedi
The Existence Of Human Rights Court As A National Effort To Eliminate The Severe Violation Of Human Rights In Indonesia, Junaedi Junaedi
Indonesia Law Review
The law on human rights court has brought the new hopes for certain people have suffered because of the human rights violation happened in the past government (before the law enacted in the years of 2000). The demand of justice has been made by victims, the families of victims and other sympathetic parties by bringing those who have violated human rights in the past. The demand for justice does not only focus on human rights violations, which occurred in the past but also similar human rights violations that will occur in the future. The existence of a permanent Human Rights …
Mainstreaming Human Rights Under National And International Law: Legal And Epistemic Question, Damilola S. Olawuyi
Mainstreaming Human Rights Under National And International Law: Legal And Epistemic Question, Damilola S. Olawuyi
Indonesia Law Review
Even though the concept of human rights mainstreaming is not new to public international law, it has recently gained increased recognition as a practical approach for recognizing the linkages between human rights and other social justice issues such as environmental protection. A plenitude of literature have been generated on the need to recognize and enforce human rights standards and norms in a wide range of issues including environment, health, gender, poverty, food, water and refugee protection to mention but a few. Despite the rapid ascendancy of the human rights mainstreaming concept, much attention have not been given to the scope …
Asean’S Human Rights Body: New Breakthrough For Human Rights Protection In South East Asian Region Some Preliminary Notes From Indonesia’S Perspective, Arie Afriansyah
Asean’S Human Rights Body: New Breakthrough For Human Rights Protection In South East Asian Region Some Preliminary Notes From Indonesia’S Perspective, Arie Afriansyah
Indonesia Law Review
On 21 November 2007, leaders of the Association of South East Asian Nations (ASEAN) promulgated the ASEAN Charter (the Charter). Not only does it provide legal basis for ASEAN’s legal personality; it also provides new legal norms for its member states. One of those that need to be discussed is the establishment of ASEAN’s Human Rights Body (the Body). This obligation is stipulated in Article 14 of the Charter, which stresses the commitment of member nations to protect human rights. However, the establishment of the Body has faced numerous pessimistic opinions regarding the organisation’s capability to protect human rights considering …