Sharia-based Custom and the Politics of Religious Freedom in Contemporary West Sumatra, Indonesia

Strengthening religious identity politics can be identified as one of the main factors contributing to the decline in religious freedom in Indonesia. While religious identity politics may serve to mobilize certain groups or advance specific agendas, its escalation often comes at the expense of religious freedom and social harmony. Against Indonesia's pluralistic society and decentralized governance system, West Sumatra stands out for its unique blend of Islamic tradition and local adat (customary law), which often challenge the state's legal framework and constitutional guarantees of religious freedom. This article aims to analyze the impact of Sharia-based custom (ABS-SBK)-based identity politics on religious freedom in West Sumatra, focusing on government and social regulations. This study is based on data from interviews, documentation, and analysis of media reports and coverage related to freedom of religion or belief (FoRB) in West Sumatra, as well as a guidebook for the practice of ABS-SBK issued by the Provincial Government of West Sumatra. This article shows that identity politics based on Sharia and local customs has caused many violations of the freedom of religion or belief of minority groups in West Sumatra. In government regulation, local governments have actively enforced mainstream religious and cultural norms and limited expressions and ideas considered contrary to the mainstream. As for the aspect of social regulation, religion-based identity politics is an effective tool for majority groups in limiting the religious freedom of minority groups.   Keywords: Identity Politics, Religious Freedom, West Sumatra, Sharia-based Custom, Religious Nationalis

Between Tradition and Revolution

Over the past century, the trajectory of gender equality in Vietnam has been marked by a nuanced interplay of historical contexts, societal norms, and ideological shifts. A burgeoning women’s movement has emerged, favoring the term ‘gender equality’ over ‘feminism’ in private and public spheres. Gender equality has historically challenged traditional norms, notably during times of war, reshaping gender roles. Under communism, gender equality became static, confining feminism within a framework of patriotism and heroism. The persistence of gender equality is revealed in the context of a complex and contested amalgam of Western feminist ideas and historical antecedents. This article delves into the evolution of gender roles in Vietnam, exploring how communism and wartime conditions influenced feminism from the national liberation era to the Vietnam War. The article argues that the patriarchal structure present in a longstanding culture of Confucianism in Vietnam does not inherently obstruct gender equality and women's rights. Instead, it stems from changing women’s roles outside the domestic sphere to heroism during war efforts. Vietnamese women’s movement, before the term ‘gender equality,’ emerged during wartime but did not contest feminism. The notion of gender equality has become static; however, feminism is still contested and has yet to be imported to this day.    Keywords: Feminism, Gender Equality, War, Communism, Vietnam

Examining Human Rights Derogation in State Emergencies

Safeguarding human rights is the obligation of every nation under international human rights laws. However, some situations require a nation to restrict individual rights to protect public interests. Responding to COVID-19 provided a great example for Vietnam to review its legal ground for regulating limitations on human rights to prevent its expansion. However, the question remains: what are the legal grounds for executive agencies to limit citizens’ rights under the international standards on human rights protection? These precautionary measures support the prevention of the risks and damage caused by illegal acts or emergency cases, such as national disasters. Vietnam encounters legal issues, including the absence of comprehensive legal frameworks and delegating legislative authority during state emergencies. It also encounters inefficient mechanisms for reviewing the rationality and viability of preventive measures imposed by executive bodies. Consequently, safeguarding human rights according to international norms poses a significant challenge. This study explores Vietnam's solutions for handling the COVID-19 pandemic and suggests reforms to the country's legal framework regarding preventive measures. Keywords: State Emergency, Enforcement Measures, Legal Issues, Derogation of Human Rights, Vietna

Kirpan Sikh in Indonesian Legal Context

This research delves into the nuanced interplay between religious freedom and legal norms in Indonesia, with a specific focus on the Sikh practice of carrying the kirpan. This ceremonial dagger, integral to Sikh faith and identity, presents a unique challenge within Indonesia's diverse legal and socio-cultural landscape, marked by the country's commitment to Pancasila, which emphasizes religious freedom, unity in diversity, and social justice. By employing a normative juridical approach, this study scrutinizes the tension between the kirpan as a manifestation of religious expression and public safety concerns, utilizing comparative analysis to explore international perspectives and solutions. The investigation reveals a critical need for Indonesia to refine its legal and policy frameworks to more effectively accommodate religious practices like the kirpan. Drawing lessons from countries such as India, the UK, Canada, the US, and Sweden, the research advocates for inclusive legal reforms, enhanced public education, and robust intercultural dialogue. These strategies aim to reconcile the practice of carrying the kirpan with public safety imperatives, reflecting a deeper understanding and respect for religious diversity. The findings underscore the significance of integrating Indonesia's foundational principles of Pancasila into the contemporary discourse on religious freedom and minority rights. The study posits that respecting the kirpan within this ideological framework not only aligns with Indonesia's commitment to diversity and tolerance but also strengthens national unity and social harmony. This research contributes to the broader discourse on balancing religious expression and public safety in pluralistic societies, offering a comprehensive blueprint for policy and legal reforms that honor both religious freedom and collective well-being. It emphasizes the importance of dialogue, education, and legal inclusivity in fostering a society that upholds the dignity and rights of all individuals, irrespective of their religious practices. Keywords: Kirpan, Sikh, Freedom of Religion and Human Rights (FoRB), Criminal Law, Indonesi

Challenges for Anti-Trafficking NGOs in Indonesia

NGOs play a crucial role in safeguarding human dignity, especially in developing countries like Indonesia, where they strategically work to address pressing human rights issues. However, NGOs encounter various challenges that impede their efforts. This research specifically focuses on the challenges faced by NGOs working in human trafficking and exploitation in Indonesia. The analysis is based on data obtained from interviews conducted with four NGOs and an independent worker specializing in the exploitation and trafficking of underage individuals. Moreover, this study delves into the socio-economic problems underlying human trafficking in Indonesia. Drawing inspiration from Marxist theories of labor and poverty, it posits that the issue of human trafficking in Indonesia is closely intertwined with socio-economic instability—particularly affecting the most impoverished segment of the population. The research identifies poverty as a key factor fueling exploitation and trafficking in Indonesia. Furthermore, the study reveals implementation challenges and a lack of alignment with international conventions, such as the Palermo Protocols, in enforcing Indonesia's national law against human trafficking (Law No. 21/2007). These issues are particularly apparent in cases involving underage victims. Keywords: exploitation, human trafficking, NGO, Indonesi

From International Regulation to Local Implementation

This paper discusses gender equality in sustainable development goals as a response to the 2023 United Nations Sustainable Development Goals Report. Through the lens of international environmental law, gender equality achievement is examined both by its international commitment and its implementation at local institutions. This study focuses on elements of the data report that closely relate to human rights and the environment. These include women’s global share in national agricultural ownership, their secure tenure rights over agricultural land, and access to fair legal protection. This study then observes the availability of international agendas within international environmental law to promote sustainable development goals. Relevant legal frameworks include those arranged by the 1992 Rio Earth Summit and the 2015 Paris Agreement on Climate Change. To examine local implementation, this study uses the West Sumatra government as a case study, employing questionnaires and interviews with provincial legal actors. Indonesia Investment Law, which covers a broad spectrum of human development, is utilized as a model for assessing the implementation of gender equality at the local level. Ultimately, this study found a lack of gender equality implementation for SDGs at local institutions. It concludes that this could have been anticipated via a more comprehensive international legal framework, which could be implemented through national regulations. Keywords: Environmental Law, Gender Equity, Sustainable Development Goal

Gender-Affirming Treatments to Children with Gender Dysphoria

Gender dysphoria occurs not only in adults but also in underage children. Their inner conviction that their gender identity does not align with their physical body leads to a desire to alter their physical appearance through gender-affirming treatment(s) that affirm their gender identity. Examples include genitoplasty, puberty blockers, and cross-sex hormone therapies. Proponents argue that these desires should be accommodated because everyone, including children, has the right to determine what can be done to their own bodies. Moreover, some findings suggest that such treatments can have positive psychological benefits for these children. On the other hand, opponents question whether the consent given by children who desire such treatments is legitimate. Additionally, providing irreversible medical treatments solely to affirm gender identity can have physiological and psychological impacts. Thus, instead of affirming the desires of these children, medical physicians should focus on saving them from irreversible medical actions. This discourse is conducted by considering proportionally the constitutional rights of children, which need to be balanced with ensuring their knowledge and maturity in making decisions. Keywords: Children, Gender Dysphoria, Gender-affirming Treatments, Constitutional Rights &nbsp

Resilient Traditions, Modern Realities

This study explores the political economy of Minangkabau, a culturally rich and the world’s largest matrilineal community. The research focuses on understanding the power dynamics between men and women by conducting a gender analysis. The findings reveal that Minangkabau women hold a unique and privileged societal position. Traditionally, societal expectations allocate more roles and responsibilities to men, particularly in economic and political domains. Contemporarily, the special rights held by women have faded and been replaced by dominant male gender roles. Some gender roles have begun to disappear, such as the role of Bundo kanduang, mamak and tigo tungku sajarangan. In accessing economic resources, Minangkabau women experience challenges from men, private parties, and the government. These ignore the role of women as the legitimate owners of inherited property in Minangkabau land. Meanwhile, Minangkabau women have difficulty competing with men within systems that tend to be biased for political resources. In addition, Minangkabau women increasingly participate in productive work, demonstrating their ability to compete with men in the labor market. Despite these advancements, the study highlights a challenge for Minangkabau women. Keywords: Matrilineal, Gender, Political Economy, Gender Roles, Resources, Gender Division of Labo