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Michael, Donny
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Law, Crime, Criminology & Criminal Justice

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Penerapan Hak-Hak Narapidana di Lembaga Pemasyarakatan Kelas IA Tanjung Gusta, Sumatera Utara Ditinjau dari Perspektif Hak Asasi Manusia Michael, Donny
Jurnal HAM Vol 6, No 2 (2015): December Edition
Publisher : Badan Strategi Kebijakan Hukum dan HAM

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2015.6.91-104

Abstract

Correctional Institutions has been working to provide advisory services to the Prisoners, so that the rights of Prisoners are fulfilled. The research aims to find the factors supporting and inhibiting the implementation of the rights of Prisoners at the Correctional Institution, and found the effort to implement the rights of Prisoners in accordance with a human rights perspective. The research method is descriptive with qualitative approach. The results showed a limiting factor, among others, (1) relative to the classical normative happened for a long time about the excess of prisoners, budget constraints, lack of coordination among government agencies, (2) as well as technical and administrative documents that must be held Prisoners for be able to obtain their rights, (3) the dynamics of law in the treatment of Prisoners. Supporting factors come from the Prisoners and prison officers in running coaching programs in prisons and the legal products such Circular Letter of of the Minister of Justice and Human Rights of the Republic of Indonesia specifically related to the implementation of the provisions of justice collaborator. Efforts implementation of the rights of Prisoners in terms of the perspective of human rights has been made by the Government cq. Directorate of Corrections, although admittedly there are limitations that can not be addressed effectively. Normatively it is reflected in Article 14 paragraph (1) of Law No. 12 of 1995 on Corrections. Recommendation: Review the provisions of Article 34A paragraph (1) and Article 43A paragraph (1) of Government Regulation No. 99 Year 2012 on the Second Amendment to Government Regulation No. 32 of 1999 on the Terms and Procedures for Residents Rights Patronage; Requirement justice collaborator regulated in Government Regulation contrary to the spirit of Article 14 of Law No. 12 of 1995 on Corrections. Justice collaborator can not be used as a condition to get Remission and Parole; Reviewing Article 50 paragraph (1) of the Regulation of the Minister of Law and Human Rights No. 21 of 2013 regulating the family collateral requirements for obtaining conditional rights
Peran Pemerintah Daerah dalam Pemenuhan Hak Atas Keadilan (Studi tentang Akses Bantuan Hukum bagi Masyarakat Miskin di Provinsi Jawa Timur) Michael, Donny
Jurnal HAM Vol 3, No 2 (2012): December Edition
Publisher : Badan Strategi Kebijakan Hukum dan HAM

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2012.3.24-54

Abstract

Ideally, if a person that is categorized as“the have” has a legal problem, she/he may appoint one or more lawyers to defend their interests. Likewise, someone who are poor (the have not) can also ask a defense from one or more public defender (public defenders) as workers in legal aid institute to defend their interests in a lawsuit. This condition must be fulfilled in order to implement the principle of equality before the law and equality of treatment and access to justice. In fact, a number of cases invite the public attention, which shows the lack of access to the poor to obtain legal assistance. This study aimed to describe the model of legal aid “probono” in the field, to identify and analyze the role of advocate, state or local government and law enforcement agencies in implementing the legal aid “probono”, and to inventory and analyze supporting factors and obstacles in fulfilling legal aid for the poor. This research uses qualitative research, where the primary data collected from informants, obtained by in-depth interviews with informants including the legal agency of local government, law enforcement officers (police, prosecutors, judges), legal aid, academics from the universities, and people with legal problems. Secondary data collected from books, scholarly works, research reports, and documents related to the research topic.
Peran Pemerintah Daerah dalam Pemenuhan Hak Atas Keadilan Michael, Donny
Jurnal HAM Vol 5, No 2 (2014): December Edition
Publisher : Badan Strategi Kebijakan Hukum dan HAM

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2014.5.129-141

Abstract

Someone who is “capable” and has a legal problem, he may appoint a person or advocate to defend its interests. Similarly, someone who is classified as “not capable” of defense can also request a public defender or as a worker in legal aid to defend its interests in a lawsuit. This study uses a descriptive-analytical study with a qualitative approach, in which the primary data came from informants. While secondary data in the form of literature from books, scientific manuscripts, research reports, and documents related to the research topic. The results of this study illustrate that the presence of the three patterns is a model implementation is the provision of legal aid legal aid non-litigation, litigation and non-litigation and litigation combined. Local government agencies, law enforcement, advocates agencies, and universities are different attempts to realize the implementation of the legal aid “probono”. These efforts can be made in institutional policies and individual officials concerned. The people generally are not aware of any right to legal aid. Instead, the agency that provides legal assistance funds such as local government and the courts are not transparently deliver legal aid funding is available to the public.
Peranan Lembaga Adat dan Kearifan Lokal dalam Upaya Pencegahan dan Penyelesaian Konflik Horizontal di Provinsi Jambi Michael, Donny
Jurnal HAM Vol 3, No 1 (2012): July Edition
Publisher : Badan Strategi Kebijakan Hukum dan HAM

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2012.3.47-60

Abstract

Conflict between people or between groups of people is a situation that shall always exist in every social interaction. Customary institutions (Lembaga Adat) and local knowledge as part of the structure of a society play a role in influencing conflict attitude and behavior, which may potentially amount to violence. The existence of customary institutions and local knowledge has become one of the community robustness pillars that are expected to overcome any social problems, or to switch people's violent behavior into a positive one without injuring others or the community at large. The role of traditional institutions, based on the functioning of the community in general, is as a common body whenever a situation requires a traditional affirmative action in the society. Traditional institution, as a component of society, is thus essential for the integrity of the structure of society itself, without which a community could lose its identity as a civilized society along with local wisdom within.
Perlindungan Hak Berpartisipasi dan Hak untuk Memiliki Akses ke Pelayanan Publik bagi Suku Anak Dalam Michael, Donny
Jurnal HAM Vol 5, No 1 (2014): July Edition
Publisher : Badan Strategi Kebijakan Hukum dan HAM

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2014.5.27-40

Abstract

One group of Indonesian society is still relatively underdeveloped Remote Indigenous Communities (KAT), one of which is Tribal Children In. The condition is as a result of their limited access in many areas, including the lack of participation in the implementation of public affairs, the right to elect and be elected and the right to have access to public services as stipulated in Article 25 of the International Covenant on Civil and Political Rights (ICCPR). This study aims to (i) determine protection of the right to participate in government and the right to have access to public services for SAD, (ii) determine the local government policy in the protection of the right to participate in government and the right to have access to public services for SAD, and (iii) determine the policy implementation of the protection of participating in government and the right to have access to public services for SAD. This is a descriptive study using a qualitative approach, where the data was obtained through in-depth interviews with multiple informants (the public and the authorities), the study of literature and documents studies. This study chose a case study in data analysis methods. The purpose of the case study is to provide a detailed overview of the background, and character traits that are typical of the case, or the status of individuals who later from typical properties were going to be used as a general thing. While the benefits expected from the implementation of this study is the availability of policy recommendations that can be used by related agencies in an effort to provide protection against the SAD for the right to participate in government and the right to have access to public services.
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