https://esj.eastasouth-institute.com/index.php/eslhr/issue/feed The Easta Journal Law and Human Rights 2024-02-29T04:22:30+00:00 The Easta Journal Law and Human Rights journaleastasouth@gmail.com Open Journal Systems <p><strong>ESLHR - The Easta Journal Law and Human Rights</strong></p> <p><a href="https://portal.issn.org/resource/ISSN/2963-0193">ISSN International Centre</a> | <a href="https://issn.brin.go.id/terbit/detail/20221114271445825">ISSN: 2963-0193 (online)</a> | <a href="https://issn.brin.go.id/terbit/detail/20230104061689441">ISSN: 2985-7112 (Print)</a></p> <p align="justify">ESLHR - The Easta Journal Law and Human Rights is a peer-reviewed journal and open access three times a year (February, Juny, and October) published by <a href="https://eastasouth-institute.com/jurnal/">Eastasouth Institute</a>. ESLHR aims to publish articles in the field of <strong>Constitutional law, Criminal law, Civil law, State administrative law, Environmental law, International law, Business law Human rights, Protection of human rights, Social justice, Legal theory and philosophy, Legal research methodology</strong>. ESLHR accepts manuscripts of both quantitative and qualitative research. ESLHR publishes papers: 1) review papers, 2) basic research papers, and 3) case study papers.</p> <p>ESLHR has been indexed in, <a href="https://search.crossref.org/?q=2963-0193&amp;amp;from_ui=yes">Crossref</a>, and others indexing.</p> <p>All submissions should be formatted in accordance with<a href="https://raw.githubusercontent.com/upileasta/Paper-Template-EI/main/Paper%20Template%20The%20Easta%20Law%20and%20Human%20Rights.docx"> ESLHR template</a> and through Open Journal System (OJS) only.</p> https://esj.eastasouth-institute.com/index.php/eslhr/article/view/173 Legal Study of Interfaith Marriage According to Positive Law and Religious Law Regarding the Practice of Interfaith Marriage in Indonesia 2024-02-13T02:45:40+00:00 Deni Yusup Permana deniyusuppermana80@gmail.com <p>Interfaith marriage raises legal issues that require special attention, even though they are considered sacred in religious communities in Indonesia. The study aims to determine how Indonesia's positive laws and religion view marriage between people of different religions. Normative juridical and descriptive-analytical were used to conduct this research. After being obtained from library materials and secondary data, the data is analyzed qualitatively to obtain deductive conclusions. The study found that Law No. 1 of 1974 on Marriage stipulates marriage rules in Indonesia. It states that each spouse's religious beliefs determine whether the marriage is valid or not. Furthermore, Law Number 16 of 2019, which amends Law Number 1 of 1974, sets the age limit at which a person can marry. However couples with different religious backgrounds often face problems. Religions have different views on marriage. These concepts affect the legal status of marriage. The law affects the status and position of children, marital status, and administration of residence. Therefore, a deep understanding of positive religious and legal perspectives is necessary to resolve these legal issues in a fair and balanced manner.</p> 2024-02-29T00:00:00+00:00 Copyright (c) 2024 Deni Yusup Permana https://esj.eastasouth-institute.com/index.php/eslhr/article/view/197 Indonesia's Response to Rohingya Refugees in the Perspective of International Law in 2023 2024-02-12T07:53:28+00:00 May Proma Rizky Siregar maypromarizkysiregar@gmail.com <p>The focus of this research aims to examine how Indonesia's response to Rohingya refugees in the perspective of International Law in 2023. This research uses a qualitative approach with a case study method, after obtaining and researching existing datasets, an evaluation is carried out using qualitative analysis methods. The findings of this research explain Indonesia's response to the Rohingya refugees that occurred in mid-November 2023 with a focus on the perspective of international law. Although Indonesia has not ratified the 1951 Refugee Convention and 1967 Protocol, it has demonstrated engagement that reflects a commitment to the relevant principles of international law. The Indonesian government has given a mandate to UNHCR to handle the protection of Rohingya refugees, Indonesia also seeks international cooperation in dealing with this Rohingya refugee problem, the Indonesian government accepts Rohingya refugees openly because the basis of humanity is stated in Pancasila and the 1945 Constitution as the basis of this country. In addition, Indonesian positive law which contains Article 3 of Presidential Regulation 125/2016 related to the handling of refugees from abroad, and Indonesian national law also contains policies for handling asylum and refugees stipulated in Article 26 of Law 37/1999 as well as the application of the principle of non-refoulement which is applied without exception as the basis for providing assistance and protection to Rohingya refugees.</p> 2024-02-29T00:00:00+00:00 Copyright (c) 2024 May Proma Rizky Siregar https://esj.eastasouth-institute.com/index.php/eslhr/article/view/207 Bibliometric Study on Consumer Protection Law in the Global Business Context 2024-02-16T07:07:50+00:00 Loso Judijanto losojudijantobumn@gmail.com <p>This bibliometric study delves into the realm of consumer protection law within the global business context, offering a comprehensive analysis of its historical evolution, research themes, temporal trends, influential authors, and prospective research directions. Spanning from 1951 to 2024 and encompassing 980 papers with 6,312 citations, the study illuminates the intricate web of academic literature. It identifies clusters of research themes, showcasing the field's interdisciplinary nature, and sheds light on emerging topics such as data protection and Islamic law in consumer protection. Notable authors and collaborations are highlighted, providing insights for scholars and policymakers, and emphasizing the global perspective in addressing consumer rights challenges in today's interconnected world.</p> 2024-02-29T00:00:00+00:00 Copyright (c) 2024 Loso Judijanto https://esj.eastasouth-institute.com/index.php/eslhr/article/view/208 The Legal Framework in Addressing Modern Slavery and Human Trafficking a Focus on Indonesia 2024-02-14T09:59:56+00:00 Rabith Madah Khulaili Harsya ra_rasya@yahoo.com Zulkham Sadat Zuwanda szuwanda@gmail.com <p>The legal, sociological, and practical aspects of stopping human trafficking and modern slavery in Indonesia are examined in this study. The study uses a mixed-methods approach, combining in-depth interviews with key informants from several sectors participating in anti-trafficking operations with normative analysis. The interviews provide rich insights from legal experts, law enforcement authorities, government representatives, NGOs, judicial staff, journalists, international organizations, and social workers; the normative analysis highlights the advantages and disadvantages of Indonesia's legal system. The results highlight difficulties such as a lack of resources, problems with coordination, and socioeconomic variables that increase susceptibility. Regular evaluations of the legal framework, improved coordination, victim-centric strategies, responsible media coverage, and international cooperation are among the recommendations. This study adds to the larger conversation about preventing human trafficking by providing a thorough grasp of the complex issues and viable solutions in the Indonesian setting.</p> 2024-02-29T00:00:00+00:00 Copyright (c) 2024 Rabith Madah Khulaili Harsya, Zulkham Sadat Zuwanda https://esj.eastasouth-institute.com/index.php/eslhr/article/view/209 Legal Strategies for Protecting Intellectual Property Rights in Business A Case Study Creative Industry in Indonesia 2024-02-17T07:09:45+00:00 Emmi Rahmiwita Nasution emminasution0303@gmail.com Loso Judijanto losojudijantobumn@gmail.com <p>This research delves into the multifaceted landscape of intellectual property protection within the Indonesian creative industries. Through qualitative analysis, interviews with 10 key informants elucidated the challenges faced by businesses, including rampant piracy, inadequacies in legal frameworks, and enforcement issues. Businesses responded with diverse legal strategies, encompassing copyright protection, trademark registration, industry collaboration, and technological solutions. Case studies provided tangible examples, showcasing the effectiveness and challenges of these strategies. Recommendations for legislative reforms, strengthened enforcement mechanisms, industry collaboration, and technological innovation are proposed. This research contributes valuable insights into the dynamic interplay between legal challenges and strategic responses in safeguarding intellectual property within the vibrant Indonesian creative industries.</p> 2024-02-29T00:00:00+00:00 Copyright (c) 2024 Emmi Rahmiwita Nasution, Loso Judijanto https://esj.eastasouth-institute.com/index.php/eslhr/article/view/216 Bibliometric Evaluation of Open Access Publishing in Intellectual Property Rights 2024-02-19T02:43:10+00:00 Evy Febryani efebryani_1202@yahoo.com Arief Fahmi Lubis arieffahmilubis0@gmail.com <p>This study conducts a bibliometric evaluation of open access publishing in the realm of intellectual property rights (IPR), aiming to provide insights into the landscape, trends, and potential research directions within this domain. Utilizing data spanning from 1970 to 2024, encompassing 1000 papers with 9684 citations, the analysis employs network visualization, cluster analysis, and trend examination techniques. The results highlight the collaborative nature of scholarly endeavors in IPR, with key themes emerging around the economic implications of IPR, its intersection with global trade, biotechnology, and human rights. These findings offer valuable insights for researchers, policymakers, and practitioners, facilitating evidence-based decision-making and promoting transparency and accessibility in the dissemination of IPR-related knowledge.</p> 2024-02-29T00:00:00+00:00 Copyright (c) 2024 Evy Febryani, Arief Fahmi Lubis https://esj.eastasouth-institute.com/index.php/eslhr/article/view/210 Legal Regulations Pertaining to Product Safety and Quality Standards in MSMEs Business in Indonesia 2024-02-17T06:39:13+00:00 Hendri Khuan hendri.khuan@gmail.com Loso Judijanto losojudijantobumn@gmail.com Sri Juminawati srijuminawati.pdbi@gmail.com <p>This research delves into the multifaceted landscape of intellectual property protection within the Indonesian creative industries. Through qualitative analysis, interviews with 10 key informants elucidated the challenges faced by businesses, including rampant piracy, inadequacies in legal frameworks, and enforcement issues. Businesses responded with diverse legal strategies, encompassing copyright protection, trademark registration, industry collaboration, and technological solutions. Case studies provided tangible examples, showcasing the effectiveness and challenges of these strategies. Recommendations for legislative reforms, strengthened enforcement mechanisms, industry collaboration, and technological innovation are proposed. This research contributes valuable insights into the dynamic interplay between legal challenges and strategic responses in safeguarding intellectual property within the vibrant Indonesian creative industries.</p> 2024-02-29T00:00:00+00:00 Copyright (c) 2024 Hendri Khuan, Loso Judijanto, Sri Juminawati