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PENETAPAN UPAH MINIMUM PROVINSI (UMP) TERHADAP PEMENUHAN HAK ATAS KESEJAHTERAAN Utami, Penny Naluria
Sosio Informa Vol 5, No 2 (2019): Sosio Informa
Publisher : Pusat Penelitian dan Pengembangan Kesejahteraan Sosial

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33007/inf.v5i2.1732

Pemerintah Indonesia berupaya agar masyarakat mempunyai kesempatan yang sama tanpa diskriminasi untuk memperoleh pekerjaan. Dengan demikian, setiap pekerja mempunyai hak memperoleh perlindungan atas keselamatan dan kesehatan kerja serta pemberian upah yang layak. Metode Penelitian menggunakan metode deskriptif dengan pendekatan kualitatif yang bertujuan mengungkap fakta, keadaan, fenomena, variabel dan keadaan yang terjadi saat penelitian berjalan dan menyuguhkan apa adanya. Dengan simpulan, pro kontra terkait upah minimum provinsi masih akan ada karena Peraturan Pemerintah Nomor 78 Tahun 2015 tentang Pengupahan itu bertentangan dengan Undang-Undang Nomor 13 Tahun 2003 tentang Ketenagakerjaan yang mana undang-undang menghendaki adanya perundingan antara serikat pekerja dengan konsesi pengusaha. Namun, Peraturan Pemerintah 78/2015 tersebut malah membatasi ruang-ruang diskusi melalui formulasi inflasi dan pertumbuhan ekonomi sehingga hasil survei dalam bentuk rekomendasi dewan pengupahan tidak digunakan lagi karena nilai kenaikannya sudah bisa dihitung melalui formulasi yang ada. Tidak ada perusahaan yang mengajukan penangguhan pembayaran upah, namun masih ditemukan pekerja/buruh menerima dibawah upah minimum provinsi. Hal ini terjadi karena pekerja/buruh tidak mampu menolak pemberian upah tersebut dan pengusaha menganggap bahwa upah yang diberikan sudah memenuhi kehidupan secara normatif. Â Kata Kunci: UMP, Pengusaha, Pekerja/Buruh, Pemerintah.

Pelayanan Akta Kelahiran Anak di Wilayah Perbatasan Provinsi Nusa Tenggara Timur Utami, Penny Naluria
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.2014.5.41-54

There are only 55% of Indonesian childs who already have birth certificate until the end of December 2009 according to Indonesian Child Protection Commission. Child birth certificate service is running slow, because most of the local governments still make the issuance of birth certificates as a source of local revenue, and there are only 250 districts/ cities that already provide free birth certificate issuance policy for its citizens. Several factors that affect the low birth registration including: the lack of information to the public, the costs are very high in case of late registration, and the low quality of access management in the district/city level. The problem in this paper is to describe on how the government policy in providing service of child birth certificate in the border region of East Nusa Tenggara; and also to describe on how the child birth certificate services in the border region of East Nusa Tenggara. The scope of analysis taken is limited to the policies of central and local governments and their implementation in the issuance of child birth certificate in the border region of East Nusa Tenggara. The method of study used is qualitative approach, while the source of data consists of primary and secondary data. The results shows that every Indonesian citizen has the right to identity in the form of citizen legal document.

Perlindungan Hak Anak Korban Kekerasan Seksual di Nusa Tenggara Barat Utami, Penny Naluria
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.2015.6.105-118

Sexual abuse of children are serious crimes that can occur in children, anywhere, anytime and regardless of their social background. Crime is mostly carried out by someone in the child’s social environment, such as family, relatives, family friends, teachers, religious leaders, and neighbors. The effects of sexual assault for victims of very serious because of perceived trauma will continue to carry over until they mature and can affect all aspects of their lives and threaten the lives of children as the future generation. Many of the factors that trigger the occurrence of sexual violence against children in West Nusa Tenggara, namely poverty, education is still low and cases of early marriage. The phenomenon of early marriage is causing risk of disruption to children’s education, especially for girls. This study is a qualitative research that focuses on the phenomenological paradigm that seeks to understand the meaning of the event or events that are related to the situation on the ground. This type of research is descriptive analytical approach, which wants to give a clear and detailed description as well as systematic, on all matters relating to the protection of child victims of sexual violence. Results of the study in order to become the recommendation for the central government and local government as research areas in formulating policy strategy is best for the child victims of sexual violence. There are still many cases are not reported because families consider it a disgrace and families often suggested or decided to reconcile with the perpetrator if a relative or family, so that the data presented in the case of the police or the court is only the tip of the iceberg compared to the actual events occur. Encourages all stakeholders including central and local government, police, prosecutors and judges, to have the same perception of the law on the protection of children in order to provide future better for the children of Indonesia.

Legal Protection for Disabilities Persons with Language Limitations in Law Enforcement Barid, Vera Bararah; Indriyani, Dewi Analis; Yulianti, Yeni; Putra, Sri Gilang Muhammad Sultan Rahma; Utami, Penny Naluria
Jurnal HAM Vol 13, No 3 (2022): December Edition
Publisher : Badan Strategi Kebijakan Hukum dan HAM

The Indonesian government has enacted various regulations aimed at protecting individuals with disabilities, yet significant gaps persist in their implementation. Discrimination against people with disabilities, particularly those with language impairments, remains prevalent, especially within the legal system. This study employs a sociolegal approach to examine the challenges faced by disabled individuals with language limitations in accessing legal protection. Key aspects analyzed include existing regulatory frameworks for disability protection, case studies of legal decisions involving disabilities, the handling of legal proceedings, challenges encountered by stakeholders in legal cases, and the impact of limited access to sign language and legal knowledge. The research reveals that individuals with hearing impairments often struggle to exercise their rights to assistance from sign language interpreters during legal proceedings. This deficiency is primarily attributed to a lack of awareness and understanding among various stakeholders regarding the specific needs of people with hearing impairments. Furthermore, the effectiveness of law enforcement processes for disabled individuals is hindered by regional variations in sign language, the existence of informal or non-standardized sign languages, and the limited proficiency of law enforcement personnel in communicating with and accommodating individuals with disabilities. In conclusion, the study underscores the urgent need for improved implementation of existing disability rights regulations in Indonesia, particularly within the legal context. Addressing these challenges requires enhancing awareness and training among legal professionals and stakeholders, ensuring consistent access to qualified sign language interpreters, and promoting standardized approaches to accommodating individuals with disabilities in legal proceedings. By bridging these gaps, Indonesia can move closer to fulfilling its commitment to upholding the rights and dignity of all individuals, including those with disabilities, within its legal system.

Pendidikan Berbasis Hak Asasi Manusia dan Pengembangan Rintisan Sekolah Bertaraf Internasional pada Sekolah Menengah Atas Utami, Penny Naluria
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.2012.3.55-75

The Constitution of the Republic of Indonesia in 1945 has mandated that one of the Indonesia’s national goals is the creation of national intellectual life. Therefore every Indonesian citizens, regardless of their social status, race, ethnicity, religion, and gender are entitled to quality education services. One effort to improve the quality of education contained in Article 50 paragraph (3) of Law No. 20 Year 2003 on National Education System, which states that the central and or local government establish at least one unit of education at all levels of education to be developed as an international education unit. Article 12 of Law No. 39 Year 1999 on Human Rights states that everyone has the right to protection of personal development, to education, to educate themselves, and improve the quality of human life in order to be faithful, pious, noble responsibility, and welfare in accordance with human rights. The focus of this research is in accordance with the actual conditions covering: the utilization costs for the development of international school stubs (RSBI), the quality of student and teacher recruitment based on basic principles of human rights. This study uses a case study research design and conducted in North Sumatra and East Java.

Pemenuhan Hak Perempuan dan Anak Korban Tindak Pidana Perdagangan Orang Terhadap Pemulangan dan Reintegrasi Sosial di Provinsi Kalimantan Barat Utami, Penny Naluria
Jurnal HAM Vol 6, No 1 (2015): July Edition
Publisher : Badan Strategi Kebijakan Hukum dan HAM

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2015.6.1-10

Crime of Trafficking in Persons (TPPO), especially women and children is an act that is contrary to human dignity and a violation of human rights. The victim in this case was treated as merchandise that is bought, sold, transported and resold and deprived of their fundamental rights at risk even in death. Aims to determine the policies of local governments in the safe return of service in accordance with the needs of victims of crime of trafficking in women and children and the monitoring mechanism for victims who have been repatriated back so as not to become a victim. Necessary data consist of primary data and secondary data and the approach used is qualitative research and observation of participation that will be more talk is an informant, the researcher merely listened. Social Service is the agency responsible for handling the process of repatriation and social reintegration. Exit repatriation costs borne by the Ministry of Social region, while repatriation in the province use budget funds Provincial Social Service, in addition to the IOM also assists in the process of repatriation if there is demand. West Kalimantan Regional Police sometimes do return if the victim is domiciled in the province of West Kalimantan. Social reintegration has not run at all so monitoring of the victims who received services what is already independent and empowered. Processes are carried out only to the extent repatriation and social reahabilitasi. To do social reintegration handed over to the local government where the victims originate, which should be done jointly by the government and the government of West Kalimantan region of origin of victims to know the progress of the victim to have his life back either.

Evaluasi Pelaksanaan Kurikulum Berbasis HAM pada Sekolah Dasar Utami, Penny Naluria; Zainuddin, Denny
Jurnal HAM Vol 1, No 1 (2010): First Edition
Publisher : Badan Strategi Kebijakan Hukum dan HAM

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2010.1.1-12

The Government needs to propose human rights-based education for all level of education, i.e. from Elementary School to the University. Human Rights education activities expected to become an integrated approach through daily activities of civil society. Human rights-based of education represent of continuing of the Decade for human rights education (1995-2004). Ministry of Education recommended to UNESCO proclaimed human rights-based education system for level of education. Human rights issues will be implemented into curriculum of education for elemantary and secondary level and integrated to religious subjects.

IMPLEMENTASI PERATURAN PRESIDEN NOMOR 125 TAHUN 2016 TENTANG PENANGANAN PENGUNGSI DARI LUAR NEGERI DI PROVINSI KEPULAUAN RIAU utami, penny naluria
Jurnal Legislasi Indonesia Vol 16, No 3 (2019): Jurnal Legislasi Indonesia - September 2019
Publisher : Direktorat Jenderal Peraturan Perundang-undang, Kementerian Hukum dan Hak Asasi Manusia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54629/jli.v16i3.509

As a result of war and bloody conflict, forcing a number of people to seek refuge in various countries, one of which is Indonesia. Indonesia arrives Rohingya refugees who were stranded in the waters of Aceh as many as 1,300 people in May 2015. Refugees who enter the territory of Indonesia are likely to cause problems so that rules are needed to deal with it. At present, there has been a Presidential Regulation Number 125 of 2016 concerning Handling of Refugees from Abroad (Perpres 125/2016). This regulation, among others, regulates the security of asylum seekers and refugees, coordinates the government and UNHCR regarding their status, and respects the fundamental freedoms of refugees. This study aims to identify the problems faced in the implementation of Presidential Regulation 125/2016 and offer a number of alternative solutions to the problems faced by the research method using a qualitative approach. The results showed that even though Indonesia was not a party to the 1951 Refugee Convention and Protocol concerning the Status of UN Refugees in 1967, Indonesia highly respected and respected the contents of the convention so that the issuance of Presidential Regulation 125/2016. However, in its implementation there are still a number of challenges and obstacles found including: lack of socialization to the Regional Government regarding the Perpres so that there are still regional heads rejecting the arrival of refugees; there is no task force for handling refugees from abroad; limited human resources and budget; unavailability of shelter land for refugees; and cause social jealousy for refugees who receive free humanitarian assistance while local residents live in shortages. Recommendations addressed to the Government of the Riau Islands Province to budget for handling refugees in the APBD; form a task force to handle refugees from abroad to optimize coordination; and the synergy of regional stakeholders.

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