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08.09.2025 13:29
research
Sovereignty and Responsibility in IndonesiaThe conventional narrative about Indonesia and human rights protection shows that state security has triumphed over human rights and security. More recently, the literature has taken on a more positive outlook that acknowledges the progress that has occurred since the Reformation in 1998. Both of these accounts are incomplete and portray only one part of the story. This thesis aims to provide a new and more balanced perspective on Indonesia’s orientation toward human rights by investigating how Indonesia has understood and interpreted the idea of sovereignty and responsibility over time. By posing the question in relation to the historical development of responsible sovereignty, it is possible to assess the contemporary potential for Indonesia to implement Responsibility to Protect (R2P). This thesis used social constructivism as a theoretical framework. Social constructivism provides the historical and discursive tools to understand how the ideas of sovereignty and responsibility have emerged and evolved in the course of Indonesian history through a dynamic social process of norm localization. To explain the dynamic in the construction of meanings and understanding of sovereignty and responsibility in Indonesia since the early independence, this thesis adopts a qualitative research method. In particular, this thesis focuses on the language used by various actors to explain and justify their conducts. By utilizing this framework of analysis, this thesis investigates the dynamic process of norm localization by which sovereignty and responsibility norms have been understood by Indonesian society, adapted to local context or contested by local values, and then implemented within Indonesian society over historical periods in Indonesia. This thesis found that Indonesia’s conceptualization of sovereignty has always had an account of responsibility, however, the balance between the rights and responsibilities of the sovereign has varied during the post-independence era in Indonesian history. Human rights have been part of Indonesian politics since independence, but human protection or protection of civilians from violence only emerged in a short period in the early 1950s and then gained momentum back after 1998. Indonesia’s discursive engagement with sovereignty and responsibility for human rights protection was carried out through a complex process of norm localization, which is shaped not only by the normative context but also by material power and interests within domestic society. The ideas of popular sovereignty and responsibility for human protection were modified by the Indonesian government and other relevant actors in each historical period to make them congruent with Indonesian national values. By understanding this historical and social construction of sovereignty and responsibility, it is understood that the recent (and partial) endorsement of R2P by the Indonesian Government is possible because the framework resonates well with the idea of responsibility that has been part of Indonesian politics since independence. However, the potential for Indonesia to implement and mainstream R2P in a comprehensive manner is limited because Indonesia prefers to focus on prevention measures only and put careful approach to the responsive measures that allow for military intervention.
08.09.2025 13:22
research
THE IMPLEMENTATION OF INTERNATIONAL DISASTER RESPONSE LAWS TOWARDS INDONESIAN SOVEREIGNTYIn the last decade, the occurrences of natural and man-made disasters with devastating damage on affected societies in Indonesia have intensified. The 2004 tsunami in Aceh, the 2009 earthquake in West Sumatra and the 2010 Mount Merapi volcanic eruption are some of the natural disasters which caused severe destruction which was beyond the capacity of the host state to mitigate. International humanitarian assistance by international organizations and foreign non-governmental organizations were needed help the host state. The International Red Cross Federation and Red Crescent Societies initiated the International Disaster Response Law (IDRL) and in 2008, the UN General Assembly adopted three related resolutions. In 2007, the Indonesian Government enacted Law No. 24 of 2007 on Disaster Management in response. This legal instrument provides the legal basis for the international communities to help host states during emergency disaster response. However, the sovereignty of the host state must be respected in giving humanitarian assistance during the disaster response. Regardless of the severity of a disaster or the number of victims waiting to be rescued, state sovereignty cannot be superseded. In fact, the international organizations and foreign non-governmental organizations might be violating Indonesian sovereignty when providing humanitarian assistance during disaster emergency response situations. The objective of the research is to identify if the implementation of International Disaster Response Laws in Indonesia by international organizations and foreign non-governmental organizations during disaster emergency response situations violate the sovereignty of Indonesia. By using normative legal research with statute and case approaches, the research found that the implementation of International Disaster Response Laws during disaster emergency response situations clearly provides an opportunity for international organizations and foreign non-governmental organizations to violate the sovereignty of Indonesia.
FROM STATE SOVEREIGNTY TO PEOPLE SOVEREIGNTY: A CASE STUDY OF INDONESIA’S CONSTITUTIONAL COURT
FROM STATE SOVEREIGNTY TO PEOPLE SOVEREIGNTY: A CASE STUDY OF INDONESIA’S CONSTITUTIONAL COURT
08.09.2025 13:25
research
THE CONCEPTION OF PEOPLE'S SOVEREIGNTY IN INDONESIA: MOHAMMAD HATTA'S THOUGHT APPROACHThis study employs a doctrinal legal research method, employing a historical and conceptual approach, mainly focusing on popular sovereignty as articulated by Hatta, one of the nation's founding figures. Sovereignty of the people is a principle embedded in paragraph IV of the preamble to the opening of the 1945 Constitution. However, the concept of popular sovereignty developed in Indonesia diverges from the Western concept outlined by Rousseau. This research is doctrinal legal research using historical and conceptual approaches, mainly focusing on popular sovereignty as articulated by Hatta, one of the nation's founding figures. The findings of this research illustrate that the concept of popular sovereignty in Indonesia must be rooted in indigenous Indonesian cultures and characterized by a collectivist pattern. Here, collectivism is regarded as a means to accommodate the diverse regional characteristics of Indonesian population. Conceptually, the people's sovereignty adopted by the Indonesian state contains five principles grouped into two fundamental principles: the essential principle encompassing freedom and equality and the procedural principle governing the implementation of popular sovereignty, including the principles of majority vote, accountability, and territoriality. The principle of territoriality emerged from one of Hatta's aspirations for popular sovereignty, aiming to mitigate cultural nationalism and foster a bottom-up democracy that embraces the noble values inherent in Indonesian society.