The Easta Journal Law and Human Rights
https://esj.eastasouth-institute.com/index.php/eslhr
<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, June, 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;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>Eastasouth Instituteen-USThe Easta Journal Law and Human Rights 2985-7112New Legal Theory Concept: Integrative-Tetradic Realism Theory
https://esj.eastasouth-institute.com/index.php/eslhr/article/view/632
<p>The absence of a legal theory that holistically integrates the four pillars legal certainty, substantive justice, social utility, and public participation, poses a key challenge in addressing the complexities of modern law, which is increasingly pluralistic and dynamic. This study aims to formulate and evaluate the Integrative-Tetradic Realism Theory as a new legal paradigm. Using a normative juridical method with a conceptual approach and theory-comparison techniques, the research develops a comprehensive and systematic synthesis relevant to contemporary legal dynamics. The results show that Integrative-Tetradic Realism offers a holistic and transformative paradigm, addressing limitations of classical theories such as positivism, natural law, realism, and Critical Legal Studies. By integrating normative, sociological, philosophical, and practical dimensions, and emphasizing its four pillars, this theory provides an adaptive framework that balances legal structures, moral values, social contexts, and public participation. It aims to create a legal system that is normatively valid, just, contextual, and responsive to societal changes. Acting as a bridge between ideal law and empirical reality, it offers a conceptual foundation for inclusive, ethical, and functional legal reform in modern society.</p>Aris Prio Agus Santoso
Copyright (c) 2025 Aris Prio Agus Santoso
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2025-06-302025-06-3030314715710.58812/eslhr.v3i03.632Legal Frameworks for Addressing the Human Rights Violations Linked to Illegal Mining: A Call for Government Accountability and Sustainable Solutions.
https://esj.eastasouth-institute.com/index.php/eslhr/article/view/508
<p>The paper aimed to examine the critical intersection between human rights and environmental law, focusing on the urgent implications of governmental inaction regarding illegal miners threatened and killed by starvation underground at the Stilfontein mine in Klerksdorp, North-West. The Constitution of the Republic of South Africa (“The Constitution”) protects human and environmental rights. This paper argues that inefficiencies of government regulation increase such destructive practices, resulting in significant ecological harm and systemic human rights abuses. This paper critically examines governmental negligence and the legal obligations of states regarding human rights and environmental issues. Additionally, the paper advocates for a multidisciplinary approach that integrates human rights with environmental legislation. The study found that though there are legal frameworks around mining, there is no monitoring and accountability of these mining companies. The paper advocates for solid legal frameworks that bridge human rights and environmental protections, emphasising the necessity for governmental accountability in addressing the illicit mining crisis and its implications on vulnerable communities. The author recommends robust legal frameworks to address illegal mining and the economic vulnerabilities driving individuals to illicit activities.</p> <p> </p> <p><strong> </strong></p> <p><strong> </strong></p>Norless Zibele Nodangala
Copyright (c) 2025 Norless Zibele Nodangala
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2025-06-302025-06-3030315816810.58812/eslhr.v3i03.508Digital Rights: Feminist Activism of Southeast Asia Freedom of Expression Network (SAFEnet) in Online Gender-Based Violence (GBV) Advocacy
https://esj.eastasouth-institute.com/index.php/eslhr/article/view/604
<p>Globalization has brought significant changes in global social life, one of which is the presence of digital technology and online platforms. Technology facilitates transnational relations that are vulnerable to digital rights violations. This research discusses the role of SAFEnet or Southeast Asia Freedom of Expression Network in advocating online gender-based violence (GBV). This research uses the concept of digital activism by Vogt and Chen as an approach to analyze the advocacy of GBV cases by SAFEnet. This research found that SAFEnet conducts digital activism such as organizing collective identities, coordinating networks, producing knowledge, disseminating information, and mobilizing actors.</p>Rini Asriasni
Copyright (c) 2025 Rini Asriasni
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2025-06-302025-06-3030316917510.58812/eslhr.v3i03.604The Impact of Content Moderation Policy on the Spread of Fake News on Social Media in Indonesia
https://esj.eastasouth-institute.com/index.php/eslhr/article/view/639
<p>This research investigates the impact of content moderation policies on the spread of hoax news on social media platforms in Indonesia, employing a normative legal analysis approach. The study examines the effectiveness of existing legal frameworks, such as the Electronic Information and Transactions Law (ITE Law), and evaluates content moderation mechanisms employed by both the government and social media platforms. Findings indicate that while the ITE Law provides a legal basis for addressing misinformation, its vague provisions and potential for misuse have raised concerns regarding freedom of speech. Additionally, content moderation efforts by the government and social media platforms face challenges due to technological limitations, inconsistent enforcement, and a lack of public awareness. The study also highlights the need for a more integrated, multi-stakeholder approach to combat hoax news effectively. The research concludes that while current content moderation policies have had some success, their full impact is constrained by legal, technological, and social challenges. To improve the effectiveness of these policies, the study recommends clearer legal frameworks, enhanced technological capabilities, increased media literacy, and stronger coordination among stakeholders.</p>Evy Febryani
Copyright (c) 2025 Evy Febryani
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2025-06-302025-06-3030317618310.58812/eslhr.v3i03.639War of Opinions: Humanitarianism and Racism (Case Study of The Palestine-Israel Conflict)
https://esj.eastasouth-institute.com/index.php/eslhr/article/view/634
<p>This study explores the dynamics of the war of opinions within the ongoing Israel-Palestine conflict, which is extensively covered through both mainstream and social media. This longstanding conflict not only involves political and religious aspects but also pits humanitarian and racial issues against each other in the global public sphere. Employing a qualitative method and literature study approach, this research examines the narratives constructed by both parties—Israel and Palestine—and how media framing influences public perception. The findings reveal that media framing and the spread of propaganda on social media have triggered sharp polarization in international society, thereby widening the gap and hindering peaceful resolution. Such opinion polarization creates a black-and-white perception of the conflict, turning humanitarian issues into tools of justification and racism into a form of dehumanization. This study underscores the need for a holistic understanding and clear-headed analysis of the conflict to foster solidarity based on human values rather than identity-based fanaticism.</p>Agung Suhabi Putra
Copyright (c) 2025 Agung Suhabi Putra
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2025-06-302025-06-3030318418910.58812/eslhr.v3i03.634Digital Vigilantism and Its Compatibility with Criminal Justice Principles in Indonesia
https://esj.eastasouth-institute.com/index.php/eslhr/article/view/637
<p>Digital vigilantism, the act of individuals taking justice into their own hands through online platforms, has become increasingly prevalent in Indonesia. This phenomenon often arises in response to perceived inefficiencies or corruption in the formal legal system, where individuals bypass the judicial process to punish wrongdoers. This paper analyzes the compatibility of digital vigilantism with Indonesia's criminal justice principles, focusing on key legal norms such as due process, the right to a fair trial, and the rule of law. Through a normative legal analysis, this study evaluates how digital vigilantism conflicts with these principles, particularly in the context of Indonesian law. The findings reveal that while digital vigilantism is driven by a desire for justice, it undermines fundamental rights such as the presumption of innocence and the right to a fair trial. The research highlights the need for legal reforms that address the rise of digital vigilantism while ensuring that individual rights are safeguarded and justice is delivered through formal legal channels. It concludes that although digital platforms have become a space for public discourse, they should not replace the judicial system, and legal reforms are necessary to balance the interests of justice and individual rights.</p>Hanuring Ayu
Copyright (c) 2025 Hanuring Ayu
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2025-06-302025-06-3030319019710.58812/eslhr.v3i03.637Post-Pandemic COVID-19 Migration Policy: Adaptation and Resilience in Developing Countries (Case Study: Indonesian Migrant Worker Policy)
https://esj.eastasouth-institute.com/index.php/eslhr/article/view/635
<p>The COVID-19 pandemic has had a significant impact on international migration patterns and policies, especially in developing countries that have a high dependence on migrant workers. This study aims to examine how migration policies in developing countries such as Indonesia adapt and demonstrate resilience post-COVID-19 pandemic. This research method uses a qualitative study with a case study approach from one developing country, using a textual study method by analyzing secondary data from various related literature. The results of the study show that the pandemic has driven policy changes that are more responsive to health and economic emergencies, as well as strengthening migrant protection mechanisms. However, there are still challenges in implementing policies, especially related to cross-sector coordination and resource constraints. This study concludes that post-pandemic migration policy adaptation requires a more flexible and inclusive approach to increase the resilience of migration systems in developing countries. The implications of this study are expected to be a reference for policy makers in formulating more effective and sustainable migration strategies in the future.</p>Sitti Nurtina
Copyright (c) 2025 Sitti Nurtina
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2025-06-302025-06-3030319820710.58812/eslhr.v3i03.635Comparative Study: Education Policy in Indonesia Versus Japan in Realizing Sustainable Development Goals 4 (Quality Education)
https://esj.eastasouth-institute.com/index.php/eslhr/article/view/636
<p>This study compares the education systems and quality in Indonesia and Japan in an effort to achieve Sustainable Development Goals (SDGs) goal number 4, namely quality education. This study aims to identify the strengths and weaknesses of each education system, examine the education policies implemented, and examine the role of culture and society in supporting the achievement of quality education. With a descriptive-qualitative approach based on literature studies, this study found that Japan has succeeded in achieving most of the SDGs targets for quality education through consistent education policies, human resource development, and utilization of technology. In contrast, Indonesia still faces various challenges, ranging from regional disparities, teacher quality, to limited education infrastructure. The results of this analysis are expected to provide input for policy makers in Indonesia in improving the quality of national education.</p>Ayuni Nur Siami
Copyright (c) 2025 Ayuni Nur Siami
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2025-06-302025-06-3030320821410.58812/eslhr.v3i03.636Legal Approaches to Combatting Information Warfare in the Age of Social Media and Misinformation in Indonesia
https://esj.eastasouth-institute.com/index.php/eslhr/article/view/638
<p>The proliferation of social media platforms in Indonesia has intensified the challenges of combating information warfare and disinformation, posing significant risks to public trust, democratic stability, and national security. This study explores legal approaches to addressing these issues, focusing on the strengths, limitations, and enforcement challenges of Indonesia's regulatory framework, particularly the Electronic Information and Transactions Law (UU ITE). Using a qualitative design, data were gathered through in-depth interviews with five key informants, including legal experts, policymakers, digital media analysts, and civil society representatives. The findings reveal that while the UU ITE provides a foundational legal structure, its effectiveness is hindered by ambiguous provisions, resource constraints, and limited collaboration with social media platforms. Recommendations include revising the UU ITE, enhancing capacity building for enforcement agencies, fostering international cooperation, and promoting public digital literacy. These insights contribute to a nuanced understanding of Indonesia's efforts to balance freedom of expression with the need for regulation in the digital era.</p>Emmi Rahmiwita Nasution
Copyright (c) 2025 Emmi Rahmiwita Nasution
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2025-06-302025-06-3030321522210.58812/eslhr.v3i03.638Legal Framework and Taxation Challenges on Digital Services in Indonesia: A Normative Legal Analysis
https://esj.eastasouth-institute.com/index.php/eslhr/article/view/649
<p>The rapid expansion of digital services in Indonesia has introduced significant challenges to its legal and taxation frameworks. This study employs a normative legal analysis to explore gaps and inefficiencies in Indonesia's existing regulations, with a focus on the taxation of digital services. While initiatives such as VAT on digital goods and services (PMK 48/2020) have broadened the tax base, enforcement and compliance challenges persist, particularly for non-resident providers. Comparative analysis with global frameworks, such as the OECD’s Base Erosion and Profit Shifting (BEPS) initiative and the EU’s Digital Services Tax (DST), highlights potential pathways for reform tailored to Indonesia’s context. The study concludes with recommendations for harmonized legal frameworks, strengthened enforcement mechanisms, and policies balancing innovation with fair taxation. These reforms are essential for Indonesia to achieve a sustainable and equitable digital economy.</p>Diah Ayu RahmawatiHaryono HaryonoBudi EndartoRuchan SanusiYoga Adi Prayogi
Copyright (c) 2025 Diah Ayu Rahmawati, Haryono Haryono, Budi Endarto, Ruchan Sanusi, Yoga Adi Prayogi
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2025-06-302025-06-3030322323010.58812/eslhr.v3i03.649