Political education for women politicians is ineffective because women are still considered merely as an ‘object’ to perpetuate patriarchy political dynasty. This study utilizes a legal inter-diciplinary methodology. It selects five political parties. Respondents are female politicians who have experiences on political education, anti-corruption and gender equality issues. Most of political parties are dependent with political figure as a ‘strong leader’. Political education’s curriculum is a doctrinization of parties’ political figures. It lacks of anti-corruption and gender equality perspectives. Reform should start from within by changing its paradigm into member-based mass political party, so political education can leverage female politicians.
The labour sector and industrial relations are pivotal for Indonesia’s development, especially in the current neo-capitalist setting. Therefore, this article examined the current Indonesian labour law and its industrial relations through a comparative analysis with Islamic principles, particularly after revision with the 2020 Omnibus Law. Using a socio-legal methodology, it analysed the historical and political contexts of the Acts on labour to determine their tendency to enhance or undermine labourers’ rights. Moreover, this article explored the government’s utilisation of the Acts for suppression and compared the ways of Islamic principles’ regulation of justice in industrial affairs, especially in the minimum wage policy. The study revealed that the 2003 Manpower Law, the 2020 Omnibus Law on Work Creation, and the 2021 Regulation on Wages, which are claimed to protect labourer’ rights, erode them instead. The labour laws are firm in stressing workers’ duties and obligations, yet are indecisive in regulating their rights, leading to the reduction and abolishment of several work benefits. In addition, government authorities are weak and accommodate to the interests of companies and investors. Therefore, this article concluded that the labour law provision, specifically the legal issue of minimum wage policy, does not correspond to Islamic principles and the practices of maslahah and maqosid al-shari’ah.
This article examines the Nusantara capital city project and its sociological impact on individuals and groups’ rights in the East Kalimantan regions of Penajam Paser Utara (PPU) and Kutai Kartanegara. The Nusantara Act was enacted to legalize the building of this mega-project and was finalized within a period of only 43 days. Thus, the legitimation of the Act is contentious. It is predicted that there will be widespread political, cultural, environmental and economic effects that will be likely to affect society in general and marginalized groups in particular. It raises two important questions, “what are the public rights that could potentially be breached by the Nusantara development project?” and “Is it possible to identify the influence of national and local elites on the process of promoting and legitimizing the Nusantara Act?” This article describes the concept of Nusantara as stipulated in the Act, which is linked to human rights values that are specifically related to the right to development. Based on the mentioned framework, this article finds evidence of autocratic practices in terms of the government’s efforts to acquire land for the project. It has been found that these dictatorial practices have been exacerbated by ‘cooperation’ with extractive industries and local elites. As a result, indigenous groups and the local communities in the area have suffered a loss of autonomy and land rights due to lack of legal protection within the Act.
AbstrakTulisan ini bertujuan untuk menganalisa korelasi nilai-nilai Hak Asasi Manusia dalam lingkup internasional maupun nasional dengan doktrin pembangunan kontemporer dalam konteks perlindungan hak masyarakat adat atas sumber daya alam. Apakah kedua doktrin tersebut dapat berjalan beriringan dan bagaimana produk hukum nasional merespon norma-norma Hak Asasi Manusia, lalu apa saja celah doktrinal yang dapat menghambat pemberdayaan masyarakat adat dan pemenuhan hak kons tu onal mereka. Se daknya terdapat ga isu masyarakat adat yang dibahas dengan memakai perspek f norma f-doktrinal dari hukum Hak Asasi Manusia Internasional, yaitu: hak kepemilikan kolek f; hak untuk berpar sipasi; dan hak mengelola sumber daya alam. Ke ga isu ini juga dipakai sebagai parameter dalam menilai derajat perlindungan hak tersebut di Indonesia.
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