The Easta Journal Law and Human Rights

Assessing the Influence of Social Justice Movements on Public Policy and Community Empowerment in Indonesia

Muhammad Valiant Arsi Nugraha — 2024-10-31

This paper explores the influence of social justice movements on public policy and community empowerment in Indonesia through a juridical analysis. By examining key legal documents, court rulings, and government policies, the study assesses how social justice movements have shaped the legal landscape in areas such as labor rights, environmental protection, and gender equality. The findings reveal that social justice movements have successfully influenced the development of laws and policies aimed at addressing systemic inequalities, though challenges remain in their implementation. Furthermore, the research highlights how these movements have empowered marginalized communities by providing them with the tools and resources to advocate for their rights. The study concludes that while social justice movements have made significant strides in influencing public policy, continuous efforts are needed to ensure effective enforcement and sustained community empowerment.

The Impact of Hate Speech Regulations on Freedom of Expression an Indonesian Legal Perspective

Shohib Muslim — 2024-10-31

This paper explores the impact of hate speech regulation on freedom of expression in Indonesia from a juridical perspective. The study focuses on the legal framework, including the Electronic Information and Transactions Law (UU ITE) and the Indonesian Penal Code (KUHP), both of which are central to the regulation of hate speech. Through an analysis of key statutes, court rulings, and case studies, this paper highlights the tension between protecting public order and safeguarding free speech. The findings reveal that vague legal definitions and broad enforcement of hate speech laws have led to selective prosecution, often targeting political dissent and criticism. These issues raise concerns about the erosion of democratic rights and the potential misuse of hate speech laws for political purposes. Recommendations are provided to clarify legal definitions, ensure proportionality in enforcement, and prevent the misuse of these laws in a manner that balances the protection of social harmony with the preservation of freedom of expression.

An Analysis of the Gap Between Data Protection Regulations and Privacy Rights Implementation in Indonesia

Loso Judijanto — 2024-10-31

This paper analyzes the gap between data protection regulations and the implementation of the right to privacy in Indonesia from a juridical normative perspective. Despite the enactment of the Personal Data Protection (PDP) Law in 2022, significant challenges remain in ensuring the protection of personal data. These challenges include vague legal definitions, limited enforcement mechanisms, and insufficient provisions for regulating emerging digital technologies such as artificial intelligence and big data. Additionally, public awareness of privacy rights remains low, further exacerbating the ineffective implementation of the law. Through a comparative analysis with international frameworks like the GDPR, this paper highlights key areas for improvement in Indonesia's data protection landscape. Recommendations include establishing a centralized data protection authority, enhancing legal provisions for technological advancements, and increasing public engagement to ensure the effective protection of privacy rights in the digital age.

Analysis of Joint Property Division in Mixed Marriages: A Case Study of The Supreme Court Decision Number 1400 K/Pdt/2017 Perspective of International Private Law

Nurani Sofiyana — 2024-10-31

This study seeks to evaluate the effectiveness of Indonesia's Law Number 1 of 1974 on Marriage, specifically concerning the division of joint property in mixed marriages that involve aspects of international civil law. Supreme Court Decree Number 1400 K/Pdt/2017 offers a key reference point, showcasing how Indonesian law has been applied to govern property division in these cases. The study applies a normative juridical approach to examine legal norms and standards, including legislative analysis of the Marriage Act and the Basic Agrarian Law. It also uses case-based methods to assess international civil law's impact, such as the principle of lex situs, which mandates that immovable property like land be governed by the laws of its location. This Supreme Court ruling reveals an attempt to balance Indonesian law with foreign property rights, ensuring that foreign nationals’ rights are acknowledged in property division. Such cases underscore the importance of reforming Indonesia’s mixed marriage laws to enhance legal clarity and fairness for all parties.

The Role of Carbon Trading in Climate Change Mitigation: A Juridical Analysis of Policies and Regulations in Environmental Law in Indonesia

Diah Ayu Rahmawati — 2024-10-31

This paper examines the role of carbon trading in climate change mitigation through a juridical analysis of Indonesia's environmental law and regulatory frameworks. Carbon trading has emerged as a critical tool for reducing greenhouse gas emissions, but its success depends on the strength of the legal and regulatory systems supporting it. By analyzing Indonesia’s Carbon Economic Value policy, environmental laws, and international commitments such as the Paris Agreement, this study identifies key regulatory gaps, overlapping jurisdictional issues, and enforcement challenges. The findings highlight the need for stronger monitoring, reporting, and verification mechanisms, as well as clearer regulatory frameworks to ensure the effectiveness of carbon trading in Indonesia. Recommendations are made to enhance institutional capacity, align national policies with international standards, and promote private sector participation. These improvements are crucial for achieving Indonesia’s emissions reduction targets and contributing to global climate change efforts.

Legal Analysis of the Notary's Role in Protecting Client Personal Data

Principia Prima Shafa Hayati — 2024-10-31

Notaries, empowered to create authentic deeds, require client personal data to perform their duties, making this information vulnerable to misuse if not properly secured. This paper examines the obligations of notaries in protecting client data under the Personal Data Protection Act No. 27 of 2022. Using doctrinal legal research methods, it explores data protection principles, the legal framework for client rights, and how these responsibilities align with notarial duties. Findings reveal that privacy is central to data protection, with the 2022 Act providing a legal foundation for notaries to safeguard client information, emphasizing the importance of maintaining confidentiality in all deed-related activities. The Personal Data Protection Act supports notaries’ roles as data controllers and processors, linking these duties with the authority granted under the Notary Position Act. The synergy between these laws ensures that clients' data rights are upheld, and notarial responsibilities are reinforced within the legal framework.