Contemporary Issues on Indonesian Human Rights Law and Policy
Contemporary Issues on Indonesian Human Rights Law and Policy is a peer-reviewed academic journal that provides a critical platform for examining the dynamic and complex landscape of human rights in Indonesia. The journal is committed to publishing original, high-quality scholarship that explores the intersections of law, politics, society, and culture in the context of human rights protection and promotion. It engages with a wide spectrum of topics, including civil and political rights, economic and social justice, indigenous rights, gender equality, religious freedom, environmental and climate-related human rights issues, and the impact of technology on human dignity. This journal seeks to foster dialogue between scholars, practitioners, and policymakers by highlighting both the progress and the challenges in Indonesia’s human rights framework. It particularly encourages interdisciplinary approaches that draw from legal studies, international relations, political science, sociology, anthropology, and other relevant fields. Contributions that offer fresh perspectives, address contemporary legal reforms, or amplify marginalized voices are especially welcomed. By bridging academic inquiry with practical implications, Contemporary Issues on Indonesian Human Rights Law and Policy aspires to support the advancement of rights-based governance, strengthen accountability, and promote a more just and inclusive society in Indonesia and the broader Southeast Asian region.
The Network of Indonesian Legal and Justice Researchers
The Role of Civil Society in Advancing Human Rights: Activism, Legal Advocacy, and the Fight for Democracy
Civil society organizations (CSOs) in Indonesia play a crucial role in advancing human rights and democratic reforms, acting as key actors in legal advocacy, public mobilization, and policy change. This paper examines the diverse roles that CSOs have played in promoting human rights, with a particular focus on their involvement in legal advocacy and their efforts to challenge government policies that violate fundamental freedoms. Drawing on case studies of prominent Indonesian human rights organizations, the paper analyzes the impact of civil society activism on legal reforms, particularly in areas such as freedom of expression, labor rights, and environmental justice. The study also explores the challenges faced by CSOs in a politically restrictive environment, including government crackdowns and limitations on activism. The findings suggest that while civil society in Indonesia has made substantial progress in advancing human rights, ongoing threats to democratic freedoms require sustained activism and international solidarity. This research underscores the importance of civil society in advancing human rights in Indonesia, providing a detailed analysis of their successes and the challenges they face in a complex political landscape. By focusing on the role of CSOs in human rights and democracy, the paper contributes to broader discussions on civil society activism, legal advocacy, and democratic governance in Southeast Asia.
Civil Society, Human Rights, Legal Advocacy, Democracy, Indonesia, Activism, Political Freedom, Human Rights Organizations
Copyright (c) 2024 https://creativecommons.org/licenses/by/4.0
The Right to Health in Indonesia: Health Disparities and Access to Healthcare for Rural Communities
Access to healthcare in Indonesia remains deeply unequal, with rural communities facing significant barriers in obtaining basic health services. This paper explores the challenges to realizing the right to health in rural areas, focusing on systemic barriers such as inadequate infrastructure, geographical isolation, and insufficient healthcare workers. The study also examines how the COVID-19 pandemic has exacerbated these disparities, further limiting access to essential medical care. Through interviews with healthcare professionals, policymakers, and rural residents, the paper assesses the underlying causes of healthcare inequality and their impact on public health outcomes. The findings indicate that while Indonesia has made strides in expanding healthcare coverage, rural areas continue to suffer from insufficient health services and poor health outcomes. The paper concludes with policy recommendations for improving healthcare accessibility in underserved regions, emphasizing the need for targeted interventions and community-based healthcare solutions. This paper provides a comprehensive assessment of healthcare disparities in rural Indonesia, with a particular focus on the challenges faced during the COVID-19 pandemic. The study contributes to global health justice discourse by highlighting the specific barriers rural populations face in accessing healthcare, offering valuable insights into public health policy and inequality.
Right to Health, Healthcare Access, Rural Communities, Indonesia, Health Disparities, COVID-19, Healthcare Policy
The Impact of Military Presence on Human Rights in Conflict Zones: A Case Study of Aceh and Papua
This paper analyzes the human rights situation in Indonesia’s conflict zones, focusing on Aceh and Papua, where ongoing or historical military presence has often been associated with human rights abuses. Drawing on fieldwork, interviews with victims, and reports from human rights organizations, the study investigates the extent of abuses such as extrajudicial killings, torture, forced displacement, and restrictions on freedom of expression. The research highlights the correlation between military operations and the deterioration of civil rights in these regions. The paper also discusses the challenges to achieving justice for victims, including weak accountability mechanisms and impunity. The findings suggest that while Indonesia has made progress in addressing past abuses, the persistence of military influence in these areas continues to pose significant human rights challenges. This paper offers a critical evaluation of the impact of military presence on human rights, providing a comprehensive case study of Aceh and Papua to illuminate broader patterns of abuse in conflict zones. By focusing on the role of military presence in human rights violations, the paper contributes to the literature on conflict, military accountability, and human rights, with specific relevance to Southeast Asia.
Human Rights, Military Presence, Conflict Zones, Aceh, Papua, Extrajudicial Killings, Displacement, Accountability
The Death Penalty and Human Rights: A Study of Indonesia’s Retention of Capital Punishment
Indonesia is one of the few Southeast Asian nations that still retains the death penalty, with significant implications for human rights. This paper critically examines the human rights impact of Indonesia’s continued use of capital punishment, specifically in relation to international human rights norms and the debate over its abolition. The study analyzes legal documents, case law, and international human rights reports to assess how Indonesia’s retention of the death penalty aligns with or contradicts global human rights standards. It also reviews arguments made by proponents of the death penalty, including deterrence and justice for victims, alongside the criticisms regarding wrongful convictions, disproportionate punishment, and international condemnation. The research highlights the tensions between national sovereignty and international human rights pressures, offering a nuanced perspective on Indonesia’s stance on capital punishment. This study provides an essential critique of Indonesia’s death penalty policy, contributing to the broader discourse on human rights, criminal justice, and the ethics of capital punishment. By exploring Indonesia’s retention of the death penalty, the paper contributes to global human rights debates, offering policy recommendations that challenge the practice and encourage alignment with international human rights principles.
Death Penalty, Human Rights, Capital Punishment, Indonesia, International Law, Criminal Justice, Abolition
Access to Justice for the Poor: A Critical Review of Indonesia's Legal Aid System
In Indonesia, access to justice remains a significant challenge, particularly for poor and marginalized communities. This paper critically examines the effectiveness of Indonesia's legal aid system, exploring how it supports or limits the right to fair justice. By analyzing existing legal frameworks, case studies, and interviews with legal aid practitioners, the study identifies key barriers to access, such as lack of awareness, inadequate funding, and regional disparities. The findings suggest that while the legal aid system provides essential support for vulnerable populations, it is often constrained by insufficient resources and bureaucratic inefficiencies. Moreover, the study highlights the broader issue of social inequality, where poor citizens are disproportionately affected by limited access to legal assistance. The paper proposes policy recommendations to strengthen the legal aid system, including expanding funding, improving outreach efforts, and enhancing the capacity of local legal aid organizations. This paper offers an in-depth analysis of the gaps in Indonesia's legal aid system, emphasizing the need for reforms to ensure equal access to justice for all citizens, particularly the poor. The study contributes to the field of access to justice by providing actionable recommendations to improve legal aid services in Indonesia, advancing the global conversation on legal aid reforms in developing countries.
Access to Justice, Legal Aid, Poverty, Legal Assistance, Indonesia, Social Inequality, Fair Justice
Human Rights and Environmental Justice: The Struggle for Indigenous Rights Against Environmental Degradation in Indonesia
Indonesia's indigenous communities face significant human rights challenges due to environmental degradation, including deforestation, mining, and the effects of climate change. This paper explores the intersection of human rights and environmental justice, focusing on the rights of indigenous peoples to land, resources, and cultural survival. Through case studies of indigenous resistance movements, the paper investigates the legal, social, and political obstacles these communities face in protecting their lands from large-scale industrial activities. It also examines the role of environmental organizations and advocacy groups in supporting indigenous rights and seeking legal redress. The findings suggest that while some progress has been made in recognizing indigenous land rights, significant legal and institutional barriers remain. The research emphasizes the importance of integrating indigenous knowledge and legal perspectives into national environmental policies and provides a framework for advancing environmental justice in Indonesia. This paper offers an in-depth exploration of the intersection between human rights and environmental justice for indigenous communities in Indonesia, providing a comprehensive analysis of the legal and social challenges they face. The study contributes to environmental justice literature by highlighting the unique struggles of indigenous communities in Indonesia and advocating for legal reforms that recognize and protect their rights in the context of environmental degradation.
Indigenous Rights, Environmental Justice, Human Rights, Deforestation, Mining, Indonesia, Land Tenure, Climate Change, Advocacy
Human Rights in the Context of Indonesia’s Anti-Terrorism Laws: Balancing National Security and Civil Liberties
Indonesia’s anti-terrorism laws, enacted in response to security threats, have raised significant concerns regarding their impact on civil liberties, including due process, freedom of expression, and privacy. This paper analyzes how these laws, designed to combat terrorism, may infringe upon basic human rights, particularly with regard to preventive detention, surveillance, and restrictions on political dissent. Using case law, legal texts, and interviews with human rights organizations, the paper examines instances where national security concerns have been used to justify the erosion of civil liberties. The findings indicate that while these laws are crucial for maintaining national security, they often disproportionately affect political activists and marginalized groups. The research proposes a recalibration of Indonesia's counter-terrorism framework to ensure that security measures do not undermine fundamental rights, offering policy recommendations for balancing security with civil liberties. This paper provides a critical analysis of the tensions between national security measures and human rights protections, contributing to the literature on counter-terrorism laws and civil liberties in Indonesia. By focusing on the impact of anti-terrorism laws on human rights, this study offers recommendations for reform that balance national security with the protection of democratic values, advancing the field of human rights law and national security policy.
Anti-Terrorism Laws, National Security, Civil Liberties, Human Rights, Indonesia, Due Process, Counter-Terrorism, Preventive Detention
LGBTQ+ Rights in Indonesia: A Struggle for Legal Recognition and Social Acceptance
In Indonesia, LGBTQ+ individuals face widespread legal and social discrimination, including criminalization under existing laws and social exclusion due to cultural and religious norms. This paper examines the legal challenges LGBTQ+ individuals face in Indonesia, focusing on the legal framework, social stigma, and the role of civil society organizations in advocating for equal rights. Through a review of legal cases, government policies, and interviews with activists, the paper highlights the persistent barriers to legal recognition and protection for LGBTQ+ people, particularly in the context of Indonesia's conservative societal norms. Despite challenges, LGBTQ+ advocacy groups have made significant strides in raising awareness and promoting social change. The research findings suggest that while legal reform remains elusive, societal attitudes toward LGBTQ+ people are slowly evolving, aided by grassroots activism and international support. The paper contributes to understanding the complex intersection of law, culture, and social change, providing recommendations for legal reforms and advocacy strategies to improve LGBTQ+ rights in Indonesia. This paper provides new insights into the legal and social struggles of LGBTQ+ individuals in Indonesia, offering a nuanced understanding of the barriers they face within a conservative context. The study advances LGBTQ+ rights research by examining the role of legal, cultural, and civil society dynamics in Indonesia, contributing to global discussions on LGBTQ+ advocacy and human rights in Southeast Asia.
LGBTQ+ Rights, Social Acceptance, Legal Recognition, Discrimination, Indonesia, Civil Society, Advocacy, Human Rights
Religious Freedom in Indonesia: Tensions Between National Security and Minority Religious Groups
Indonesia, as a diverse society, is continually balancing national security concerns with the protection of religious freedom, particularly for minority religious groups. This paper examines the tension between state security measures and the rights of non-Muslim communities in various regions, focusing on the impact of national security policies, such as counter-terrorism laws and religious intolerance. By analyzing legal frameworks, government practices, and case studies of religious discrimination, the paper investigates how national security concerns often compromise religious freedoms. It highlights incidents where non-Muslim communities, including Christians, Hindus, and other minorities, face legal and societal obstacles that restrict their religious practices. The research also explores the role of advocacy groups in challenging these policies and fostering interfaith dialogue. The findings suggest that while national security is essential, it should not come at the expense of religious pluralism and human rights. The paper contributes to the understanding of the legal and political dynamics surrounding religious freedom in Indonesia, offering recommendations for legal reforms that protect minority rights while addressing security concerns. This paper explores a complex issue at the intersection of security and religion, shedding light on the lesser-explored legal impact of national security policies on religious minorities in Indonesia. By offering insights into the balancing act between national security and religious freedom, this research contributes to the literature on religious rights, interfaith relations, and national security policies, with direct relevance to Southeast Asia.
Religious Freedom, National Security, Minority Rights, Religious Tensions, Indonesia, Non-Muslim Communities, Religious Intolerance
The Rights of Workers in Indonesia’s Informal Economy: Legal Gaps and Advocacy for Labor Justice
Indonesia's informal economy accounts for a significant portion of the nation's labor force, yet workers in this sector are highly vulnerable to human rights violations, including wage theft, unsafe working conditions, and the lack of access to social protections. This paper explores the legal gaps in Indonesia's labor laws that fail to cover informal workers, and examines the advocacy efforts aimed at addressing these injustices. Using a combination of legal analysis, interviews with labor activists, and case studies, the study identifies key regulatory weaknesses that leave informal workers unprotected and highlights the role of civil society organizations in pushing for policy reforms. The findings indicate that, despite the substantial contribution of informal workers to the economy, legal frameworks remain focused on formal sector employees, resulting in widespread exploitation. The paper also emphasizes the challenges faced by advocacy groups in garnering state support for these workers' rights. By presenting practical policy recommendations, this research contributes to the growing discourse on labor justice and provides a comprehensive framework for legal reform in Indonesia. The study provides an in-depth analysis of the legal and social barriers that informal workers face, offering new insights into Indonesia's labor law shortcomings and potential reforms. This paper advances the field of labor rights by proposing actionable solutions to bridge the gap between formal labor law protections and the realities of the informal economy, enriching global discussions on labor justice.
Informal Economy, Labor Rights, Wage Theft, Legal Gaps, Advocacy, Indonesia, Worker Protection, Labor Justice
The Treatment of Refugees in Indonesia: Legal Protections and Human Rights Challenges
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.
refugees, human rights, Indonesia, legal protections, UNHCR, asylum, detention, resettlement, public opinion, refugee rights
Women’s Rights in Indonesia: Gender-Based Violence and the Challenge of Legal Protection
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.
gender-based violence, women’s rights, legal protection, Indonesia, sexual violence, domestic violence, legal frameworks, TPKS Law, gender equality
The Right to Education for Marginalized Groups in Indonesia: A Focus on Children with Disabilities and Ethnic Minorities
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.
right to education, marginalized groups, children with disabilities, ethnic minorities, inclusive education, Indonesia, education policy, legal frameworks, social inclusion
Indigenous Land Rights and Human Rights Violations in Papua: A Case Study of Land Grabbing and Corporate Exploitation
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.
indigenous rights, land grabbing, Papua, human rights violations, corporate exploitation, resource extraction, forced displacement, UNDRIP, Indonesia
Freedom of Expression in the Digital Age: A Study of Social Media Censorship and Human Rights in Indonesia
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.
freedom of expression, social media censorship, digital rights, human rights, Indonesia, political dissent, regulation, public order, disinformation
Access to Justice in Rural Indonesia: A Human Rights Approach to Legal Empowerment
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.
access to justice, rural Indonesia, legal empowerment, human rights, legal aid, legal literacy, community-based legal services, marginalized communities, policy reform
Copyright (c) 2025 https://creativecommons.org/licenses/by/4.0
Human Rights and Climate Change in Indonesia: Legal Gaps in Protecting Climate-Vulnerable Communities
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.
climate change, human rights, Indonesia, environmental law, vulnerable communities, indigenous rights, legal frameworks, climate justice, resilience
Reproductive Health and Rights in Indonesia: Navigating Between Morality and Autonomy
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.
reproductive rights, Indonesia, family planning, maternal health, abortion, gender equality, autonomy, human rights, cultural beliefs, law
Artificial Intelligence, Digital Rights, and Human Dignity in Indonesia’s Tech Regulation
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.
artificial intelligence, digital rights, human dignity, Indonesia, data protection, surveillance, algorithmic bias, tech regulation, privacy law
Women’s Land Rights in Indonesia: A Human Rights Perspective on Agrarian Reform
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.
women’s land rights, agrarian reform, gender equality, Indonesia, human rights, legal framework, rural communities, land ownership, social justice
Policing and Human Rights: Analyzing Excessive Use of Force in Indonesian Law Enforcement
This paper investigates the issue of excessive use of force by law enforcement agencies in Indonesia, focusing on the human rights violations that arise from police brutality and militarized policing. While Indonesia has made significant strides in democratization, concerns about police violence, particularly during protests, anti-terrorism operations, and public disorder management, persist. Using data from human rights organizations, government reports, and interviews with victims, legal experts, and police officials, the study critically examines the legal and institutional factors contributing to excessive use of force in Indonesian policing. The research highlights the role of the police in enforcing order during politically sensitive events, such as demonstrations in Papua and Jakarta, and the broader implications for democratic governance and rule of law. The study also addresses the inadequacies of police accountability mechanisms and the role of judicial oversight in addressing police misconduct. The paper concludes with policy recommendations to improve police training, strengthen oversight, and ensure greater transparency in law enforcement practices.
policing, human rights, Indonesia, police brutality, excessive force, accountability, law enforcement, democratic governance, civil rights
Human Rights Education in Indonesia: Between Policy and Practice
This paper examines the state of human rights education in Indonesia, focusing on the gap between policy frameworks and actual practice in schools and universities. While human rights education is enshrined in national policies and the Indonesian Constitution, its implementation remains inconsistent across different educational institutions and regions. Using a combination of policy analysis, fieldwork, and interviews with educators, students, and human rights experts, the study investigates how human rights topics are integrated into the national curriculum, teaching methodologies, and extracurricular activities. The research identifies key challenges such as insufficient teacher training, lack of resources, and resistance from conservative groups. The paper further explores the role of civil society organizations in supplementing state-led education programs and the impact of local culture and politics on the teaching of human rights. The findings reveal that while there is growing awareness of human rights in Indonesia, the education system’s capacity to instill a human rights culture remains limited. The study concludes by suggesting improvements, including curriculum reforms, better teacher training, and greater collaboration between the government and civil society in advancing human rights education.
human rights education, Indonesia, curriculum reform, legal awareness, civil society, teacher training, youth engagement, educational policy
Religious Blasphemy Laws and the Limits of Freedom of Belief in Indonesia
This paper explores the tension between religious blasphemy laws and freedom of belief in Indonesia, a country known for its religious diversity but also for the strict enforcement of laws that criminalize blasphemy. The study provides an analysis of Indonesia’s blasphemy laws, particularly the 1965 Anti-Blasphemy Law, and its implications for freedom of expression and religious freedoms. By analyzing court cases, legal texts, and interviews with religious leaders, legal scholars, and human rights activists, the paper examines how these laws are applied in contemporary Indonesia. The research highlights cases where individuals have been prosecuted for expressing beliefs or engaging in religious practices that contradict mainstream interpretations of Islam, Christianity, and other religions. The paper argues that while the laws are often framed as protecting public order and interfaith harmony, they disproportionately restrict freedom of belief and expression, especially for religious minorities and non-conformists. The study concludes by discussing the broader human rights implications of such laws and proposing legal reforms that would better protect the right to freedom of religion and belief in Indonesia.
blasphemy laws, freedom of belief, Indonesia, religious rights, human rights, legal reform, freedom of expression, interfaith relations, religious minorities
From Papua to Jakarta: The Uneven Geography of Human Rights Enforcement in Indonesia
This paper analyzes the uneven geography of human rights enforcement in Indonesia, with a focus on the contrasting experiences of regions such as Papua and Jakarta. Despite constitutional guarantees of human rights, enforcement is often selective, with significant regional disparities in the protection of civil, political, and economic rights. The study uses a comparative approach to examine the human rights situation in the capital, Jakarta, and in the conflict-prone provinces of Papua and West Papua. Through a combination of fieldwork, interviews with local activists, and analysis of government policies, the paper identifies the structural challenges to human rights enforcement in remote and marginalized regions. The research highlights issues such as state violence, arbitrary detention, freedom of expression, and the militarization of governance, with particular attention to the government’s treatment of Papuan independence movements and indigenous resistance. The study suggests that uneven enforcement is rooted in historical, political, and economic factors, recommending a more equitable approach to human rights enforcement that considers regional contexts and addresses local grievances.
human rights enforcement, Indonesia, Papua, Jakarta, regional disparity, political repression, civil rights, indigenous resistance, decentralization
The Human Rights Implications of Forced Evictions in Urban Indonesia
This paper examines the human rights implications of forced evictions in urban areas of Indonesia, where rapid urbanization and development projects often result in the displacement of vulnerable populations. Focusing on Jakarta and other major cities, the study explores the legal, social, and economic impacts of evictions on affected communities, particularly low-income families, indigenous peoples, and informal settlers. Using case studies and interviews with displaced residents, human rights activists, and legal professionals, the paper critically evaluates the enforcement of property rights versus the rights to housing, livelihood, and cultural identity. The research highlights the gaps in legal protections for evicted individuals, with particular attention to the failure of local authorities to comply with international human rights standards on forced displacement. The paper concludes by discussing the role of civil society, media, and international actors in advocating for stronger safeguards against forced evictions and suggesting policy reforms to ensure the protection of the right to adequate housing in urban development planning.
forced evictions, human rights, Indonesia, urbanization, housing rights, displacement, legal frameworks, indigenous communities, social justice
The Role of the National Human Rights Commission (Komnas HAM) in Addressing Contemporary Violations
This paper analyzes the role of Indonesia’s National Human Rights Commission (Komnas HAM) in addressing contemporary human rights violations in the country. Established in 1993, Komnas HAM is tasked with monitoring and investigating human rights abuses, providing recommendations to the government, and advocating for victims. The paper explores Komnas HAM’s institutional evolution, its effectiveness in addressing violations such as land grabbing, religious intolerance, and police brutality, and the challenges it faces in promoting human rights in a complex political environment. Through an analysis of recent case studies, including the 2018 Papua conflict and the treatment of religious minorities, the paper assesses the commission's impact on policy changes and public awareness. Interviews with human rights activists, government officials, and Komnas HAM staff reveal tensions between the commission’s independent role and its dependency on state resources, as well as the broader political context that limits its power. The study concludes by offering recommendations to strengthen Komnas HAM’s effectiveness, such as increased funding, political autonomy, and enhanced public engagement.
Komnas HAM, human rights, Indonesia, religious intolerance, land grabbing, police brutality, advocacy, political autonomy, institutional reform
Disability Rights in Indonesia: Toward an Inclusive Legal and Social Framework
This paper explores the state of disability rights in Indonesia, examining the legal and social barriers that prevent persons with disabilities (PWDs) from fully participating in society. Despite progress in the development of disability-inclusive policies, such as the 2016 Disability Rights Law, significant challenges remain in areas such as education, employment, healthcare, and public accessibility. Through a qualitative analysis of existing laws, interviews with disability advocacy groups, and case studies of PWDs, the study evaluates the effectiveness of legal frameworks in protecting the rights of disabled individuals. The paper also highlights the socio-cultural stigmas that persist and hinder the integration of PWDs into mainstream society. Findings suggest that while legal protections are in place, implementation at the local level remains inconsistent, and societal attitudes toward disability continue to be exclusionary. The paper calls for a more robust social framework that goes beyond legal reforms, recommending increased public awareness campaigns, better implementation of accessibility standards, and the integration of disability rights into broader social policies.
disability rights, Indonesia, inclusion, legal frameworks, accessibility, employment, education, social stigma, policy reform
Digital Disinformation and Human Rights: The Challenge of Hate Speech Regulation in Indonesia
This paper investigates the complex relationship between digital disinformation, hate speech, and human rights in Indonesia. The rapid growth of social media platforms in the country has brought both opportunities and challenges for public discourse, with the proliferation of disinformation and hate speech posing significant risks to social harmony and individual rights. The study critically assesses Indonesia’s legal frameworks, including the Information and Electronic Transactions Law (ITE Law) and its provisions on online defamation and hate speech. Through a detailed examination of recent cases, the paper explores the tension between protecting freedom of expression and curbing harmful content. Interviews with legal experts, social media users, and human rights advocates highlight the difficulties in balancing these interests, especially given the country’s diverse religious and ethnic landscape. The findings indicate that while there is growing recognition of the harm caused by disinformation and hate speech, existing laws are often applied in ways that disproportionately affect marginalized groups and stifle free expression. The paper proposes policy recommendations for refining hate speech regulations, including clearer legal definitions, improved enforcement mechanisms, and stronger protection for freedom of speech online.
disinformation, hate speech, human rights, Indonesia, digital regulation, ITE Law, freedom of expression, social media, legal reform
Freedom of the Press in Democratic Indonesia: Between Independence and Intimidation
This paper examines the state of press freedom in Indonesia, exploring the tension between media independence and state-driven intimidation in the post-reform era. While Indonesia’s transition to democracy has led to a vibrant media landscape, journalists continue to face significant challenges, including legal threats, violence, and harassment from both state and non-state actors. The study uses both qualitative and quantitative methods, analyzing press freedom indices, court cases involving media workers, and interviews with journalists. The paper examines key incidents of censorship, including the criminalization of investigative journalism, digital surveillance, and the intimidation of reporters covering sensitive topics such as corruption and human rights abuses. The study further explores how political pressures, media ownership structures, and social media dynamics shape media coverage and public discourse. Findings indicate that despite constitutional guarantees of press freedom, Indonesia’s media remains constrained by various forms of intimidation, self-censorship, and governmental influence. The paper concludes by discussing potential reforms, including stronger protections for journalists, legal frameworks to combat disinformation, and institutional support for press freedom.
press freedom, Indonesia, media independence, democracy, censorship, intimidation, journalism, legal reforms, human rights
Gender-Based Violence and State Response: Assessing the Implementation of the TPKS Law
This paper evaluates the implementation of Indonesia’s 2022 Law on the Elimination of Sexual Violence (TPKS Law), which aims to address gender-based violence (GBV) and provide stronger legal protections for survivors. While the law marks a significant step toward gender justice, its effectiveness in practice remains debated. The study assesses the law’s provisions, such as the creation of special courts for sexual violence cases and the provision of victim protection mechanisms. By analyzing case studies, interviews with legal professionals, and survivors, the paper explores the challenges in implementation, including gaps in institutional capacity, cultural barriers, and a lack of public awareness. Furthermore, the research investigates how local governments, NGOs, and grassroots organizations are contributing to the law’s enforcement. The findings suggest that while the law’s enactment was a milestone, its success hinges on overcoming challenges such as victim-blaming, inconsistent legal interpretations, and limited support for survivors. The paper concludes by offering recommendations for strengthening the law’s implementation, such as improving training for law enforcement, increasing community outreach, and promoting comprehensive victim support services.
gender-based violence, TPKS law, Indonesia, sexual violence, human rights, legal reform, victim protection, implementation challenges, gender justice