Rahayu Rahayu’s research while affiliated with Universitas Diponegoro and other places

The enactment and application of the Electronic Transaction Information Law are pivotal for delineating the appropriate boundaries for exercising freedom of opinion and expression within Indonesia's digital sphere. According to reports from international digital rights research and advocacy organizations, online media journalists and human rights activists frequently encounter direct pressure and cyber harassment. This article explores the balance of freedom of expression in Indonesia's digital domain to ensure a secureenvironment for human rights defenders advocating for human rights. This study uses socio- legal methodologies to draw on data from literature reviews and in-depth interviews. It underscores the need for regulatory reforms to define prohibited hate speech explicitly. SAFENet documented 153 cyber-attacks in Indonesia in 2022, predominantly targeting civil society groups, students, activists, and journalists. Additionally, the National Committee on Human Rights reported that 52% of attacks on human rights defenders occurred in the digital realm. While the protection of digital democracy varies by nation, Indonesia must establish aninstitution responsible for properly enforcing the ITE Law alongside an independent monitoring mechanism and related policies. Such institutions, including those dedicated to human rights defenders, uphold human rights and demonstrate a commitment to the principles of freedom, respect, equality, and dignity within society.

This paper aims to examine the cascading impact of current conditions on the freedoms of expression and religious belief within Indonesia's online sphere, particularly amidst a rising trend of religious blasphemy cases. The dynamic nature of social interactions and discussions in cyberspace has fostered diverse interpretations influenced by subjective understandings of religion, often resulting in disputes of religious blasphemy. Employing a qualitative research method, the study analyses pertinent literary sources to provide insights into the practice of blasphemy laws and their detrimental effects on the freedoms of religion and expression. Indonesia, as a signatory of ICCPR and the Rabat Plan of Action, upholds constitutional guarantees of these freedoms. However, the current application of blasphemy regulations needs reform to better safeguard the rights of its citizens. By targeting laws that prohibit incitement to religious hatred, the legal framework can more effectively fulfill its primary objective of protecting people from discrimination and ensuring their dignity. This research underscores the urgency for Indonesia to recalibrate its approach to blasphemy laws, aligning them with international human rights standards. So that Indonesia can enhance its commitment to protecting freedom of expression and religious belief, fostering a more inclusive and rights-respecting environment for its diverse population.

One of the most prominent educational institutions that shaped the societal development of Indonesia as of today, would be Pesantren, the Islamic boarding school that spread nationwide. The existence of pesantren has managed to help open more doors in advancing women’s education, but such achievement came with many challenges that put other women’s rights in jeopardy. Discrimination, sexual violence, and the imbalance of power relations cause mayhem to women’s rights, not only in terms of education but also for their religious freedom. This paper provides a qualitative study on the challenges that women faced in Pesantren conducted through observation and study of cases. A gender perspective is needed in order to ensure the protection of women in Pesantren.

Indonesia is an island state having so broad sea area. It makes Indonesia have advantages in maritime sector. One of sea areas with abundant resource potency in Indonesia is the coastal area. This coastal area is important to Indonesian people because many people rely on the area for their life. Abundant resource in coastal area does not guarantee the good welfare level to the people. It is because of some problems occurring in the coastal area management. One of important problems having an impact on coastal area is overfishing phenomenon. Overfishing is an activity of fishing excessively beyond the fish resource’s recovering ability. The activity, of course, results in coastal ecosystem damage and then leads to the low productivity. Overfishing phenomenon in coastal area results from the legal problem ending up in law uncertainty, authority conflict, and bio-geophysical damage of resource existing in coastal area. This research aims to prevent overfishing from spreading widely to other coastal areas and to overcome the overfishing activity that has occurred in coastal areas. It can be accomplished through legal development in the management of coastal area. This research used normative legal research method using primary, secondary and non-legal materials as data source, the collection of which was conducted using document study. Data analysis was conducted qualitatively with data validity using credibility, transferability, dependability, and conformity elements.

This paper aims to analyze the governance and regulation of local working requirement (LWR) and importation of pharmaceutical products in Indonesia. Based on the theoretical perspectives of Cottier and Panizzon (2004) and Champ and Attaran (2002), this study aims to analyze the important role of patents through LWR and importation, both directly or indirectly to facilitate the transfer of technology and to stimulate technology transfer with the availability of technology information through patent documents. The research was conducted by using a qualitative descriptive-analytical method. A doctrinal approach was used in this study in the context of reviewing the laws and regulations in the field of patents, the World Trade Organization (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights (hereinafter TRIPS Agreement), health law, and its derivative regulations. The theory used in this study is about the politics of patent law which focuses on the national interest to pursue local production of patented inventions. The results showed that LWR, pharmaceutical importations provisions, and intellectual property rights law policies as a whole in Indonesia need to be harmonized and integrated with policies on technology transfer, industrial development, trade, and investment. The results underscore the main way in which LWR can contribute directly to the transfer of technology in developing countries.

The implementation of Sustainable Development Goals (SDGs) often lacks in human rights perspective, although the goals themselves were created based on the human rights principles. However, further studies in development and international human rights law show that it is essential to highlight that particular relationship. As a member of the international community, states have an extraterritorial obligation to assist one another in developing and fulfilling the human rights of their people. Particularly in the field of freedom of religion or belief and gender equality, which creates a domino effect on other women's rights such as access to justice and education. Although SDG 2030 has expressed its commitment to respect, protect, and promote fundamental freedoms, including one's religion, and to achieve gender equality, the antagonistic construction between those two issues possibly harm the women’s rights movement and does not adhere to the “no one left behind” principle. The lack of recognition between those issues would be damaging and could be deemed a failure to achieve the sustainable development goals. This research was conducted through a qualitative legal analysis by analysing relevant literary sources to understand the hidden link between freedom of religion or belief and gender equality within the sustainable development agenda. Clarity of these complex elements can be beneficial in creating a tool in advocating for women’s rights, especially for those who belong to religious and belief minorities.

Penelitian ini bertujuan untuk mengkaji tentang perlindungan hak asasi manusia pengungsi dan pencari suaka di Indonesia dengan menggunakan pendekatan sociolegal. Data yang digunakan berupa data primer dan sekunder yang diperoleh dengan cara pengamatan, wawancara mendalam dan studi pustaka yang selanjutnya dianalisis secara induktif kualitatif. Studi ini menyimpulkan bahwa meskipun Indonesia belum meratifikasi Konvensi Pengungsi 1951 dan Protokol 1967, namun tetap memiliki kewajiban dan tanggung jawab untuk melindungi hak asasi manusia para pengungsi dan pencari suaka yang berada di wilayah Indonesia. Melalui Perpres Nomor 125 tahun 2016 tentang Penanganan Pengungsi dari Luar Negeri, Pemerintah Indonesia memiliki keberpihakan yang sangat kuat terhadap pemenuhan hak asasi manusia para pengungsi dan pencari suaka yang masuk ke wilayah Indonesia dengan menerapkan prinsip non-refoulement.