cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Bidang Fasilitasi Publikasi Hukum dan HAM
Contact Email
balitbangkumham@gmail.com
Phone
-
Journal Mail Official
balitbangkumham@gmail.com
Editorial Address
-
Location
Kota adm. jakarta selatan,
Dki jakarta
INDONESIA
Jurnal HAM
Published by Badan Penelitian dan Pengembangan Hukum dan Hak Asasi Manusia
ISSN : 16938704     EISSN : 25798553     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal HAM merupakan majalah ilmiah yang memuat naskah-naskah di bidang Hak Asasi Manusia (HAM) yang berupa hasil penelitian, kajian dan pemikiran di bidang HAM. Jurnal HAM terbit secara berkala 2 Nomor dalam setahun pada bulan Juli dan Desember.
Arjuna Subject : -
Articles 6 Documents
 1 
Search results for , issue "Vol 13, No 2 (2022): August Edition" : 6 Documents clear
Peran Kolaboratif Organisasi Masyarakat Sipil mengintegrasikan Nilai-Nilai Hak Asasi Manusia dalam Tata Kelola Bisnis Perkebunan Sawit di Sumatera Utara Majda El Muhtaj; Fazli Rachman
Jurnal HAM Vol 13, No 2 (2022): August Edition
Publisher : Badan Penelitian dan Pengembangan Hukum dan HAM

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (781.432 KB) | DOI: 10.30641/ham.2022.13.167-186

Abstract

This study aims to explore the collaborative effort by the Civil Society Organization (CSO) and its significance to encourage corporations in terms of compliance and implementation of the United Nations Guiding Principles on Business and Human Rights (UNGP), particularly in palm oil plantations in North Sumatra. Integration of human rights values into conducting business activities is mandated by UNGP. Indeed, each of the principal actors of UNGP has a governance system to govern their powers and influences and a so-called polycentric governance system. Therefore, a collaboration strategy for strengthening synergy to implement UNGP is needed. This research is conducted by qualitative analysis method with an exploratory design study by collecting data through interviews and various secondary references related to UNGP and its commentaries and reports on this relevant study. The result indicates that PKPA’s programs enhance the capacity building of the primary stakeholder including people who are potentially affected by the company’s activities. This is the strategic partnership to incorporate UNGP into palm oil plantation business activities. This research recommends that the PKPA’s programs, especially REBOUND can be able to be developed by creating new participative modelsto strengthen the implementation of UNGP, mainly human rights due diligence mechanism and access to effective remedies affected by corporations.
Dilema Hak Atas Pekerjaan dalam Kebijakan Pasar Tenaga Kerja Fleksibel Syahwal Syahwal
Jurnal HAM Vol 13, No 2 (2022): August Edition
Publisher : Badan Penelitian dan Pengembangan Hukum dan HAM

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (280.103 KB) | DOI: 10.30641/ham.2022.13.271-286

Abstract

The right to work demands the role of the State in its fulfillment but the development of a flexible labor market poses a dilemma for the state in fulfilling the right to work. This study was conducted by using a normative type of research that examines the right to work in a flexible labor market using a statutory approach. In Indonesia, the flexible labor market is embodied in the Job Creation Act, which describes the state’s dilemmatic position in carrying out its duties for the right to work. Against this dilemmatic position, the state prioritizes job creation over the feasibility of the jobs created. Based on this research, the author outlines the importance of a holistic approach in viewing human rights in the legislation process. So that the availability of work and the feasibility of work are not placed separately. This is because indecent work places the degree of human beings, who are trying to be protected by human rights, in a vulnerable position.
Upaya Perlindungan Anak terhadap Perkara Hadhanah Anton Afrizal Candra
Jurnal HAM Vol 13, No 2 (2022): August Edition
Publisher : Badan Penelitian dan Pengembangan Hukum dan HAM

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (810.972 KB) | DOI: 10.30641/ham.2022.13.187-198

Abstract

The hadhanah often lead to problems regarding law enforcement and the protection of children. The hadhanah case after being decided by the judge turned out to have no executive power when hadhin or hadhinah who had the obligationand responsibility to fulfill hadhanah financing could not implement it. This study aims to determine the efforts that can be made to protect children, especially against hadhanah problems from the perspective of Law Number 35 of 2014. The nature of this research is descriptive and the type of research is normative juridical, with a statutory approach and conceptual approach. Data collection was done by conducting literacy studies, and analyzing qualitatively. The results of the study found a form of legal protection for children as the executorial power against hadhanah case decision based on Law Number 35 of 2014.
Hak Suaka versus Kedaulatan: Studi Kasus Pencari Suaka Etnis Rohingya B. Lora Christyanti
Jurnal HAM Vol 13, No 2 (2022): August Edition
Publisher : Badan Penelitian dan Pengembangan Hukum dan HAM

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (260.959 KB) | DOI: 10.30641/ham.2022.13.333-346

Abstract

The right to asylum is a fundamental right under international law. Despite its fundamental nature, there are still numerous challenges to protect this right. The main challenge is sovereignty, which is the primary basis for the state in determining the one permitted to live on its own territory. The complicacy that the Rohingya underwent in seeking asylum in other countriesis clear evidence of this problem. Rohingya isrecognized as one of the world’s most persecuted minorities, grappling with decades of systematic atrocities. This paper aims to take a closer look at the problems of the right to asylum by answering questions about the challenges Rohingya faced. The study was conducted by juridical method to investigate the right of asylum problems through the experience of the Rohingya. As a result, the Rohingyas encounter a number of challenges in seeking and enjoying their right to asylum. These include denial of access to cross borders, forced deportation, denial of access to procedures to verify refugee status, use of voluntary repatriation as a pretext for withdrawing asylum, use of legal means to expel asylum seekers, and use of non-entre’e mechanisms.
The Study on the Coronavirus Pandemic Using Human Rights and Human Security Approach Indah Pangestu Amaritasari
Jurnal HAM Vol 13, No 2 (2022): August Edition
Publisher : Badan Penelitian dan Pengembangan Hukum dan HAM

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (419.859 KB) | DOI: 10.30641/ham.2022.13.215-234

Abstract

In March 2020, The World Health Organization (WHO) finally announced a coronavirus or Covid-19 disease outbreak as a pandemic. According to WHO, the status of a pandemic is determined if a new disease has not had an antidote against the spread of the virus in regions of the world. The virus attacked individuals and no doubt the impact on people is significant, which relates to the security of the people and human rights aspects. The article explores the argumentative basis of human security and further analyzes the problem, strategy and needs in the lens of human rights related to pandemic in the framework of human security. It aims to analytically describe human security approaches in relation to the COVID-19 with human rights perspective through the common pattern of threat identified worldwide and plausible strategies based on literature study. The state strategy addressed in the article exists as a set of examples of best practices and/or critics toward the policy with materials provided by journals. The article uses a qualitative approach with a systematic literature study based on human security framework with human-right analysis and results in a generic set of human security frameworks for COVID-19 with the perspective of human rights.
Three Arguments to Support International Binding Treaty on Business and Human Rights Surya Oktaviandra
Jurnal HAM Vol 13, No 2 (2022): August Edition
Publisher : Badan Penelitian dan Pengembangan Hukum dan HAM

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (160.684 KB) | DOI: 10.30641/ham.2022.13.253-270

Abstract

The development of the promotion and protection of human rights, in general, has been gladdening. However, in instances where human rights are affected by business activity, efforts to uphold them meet certain obstacles. This is exacerbated when the business activity involves a complex and international dimension in it—i.e., in the case of multinational enterprises. This paper provides three arguments to support the establishment of international binding treaty on business and human rights. It examines the current Corporate Social Responsibility platform, state responsibility to protect human rights, and also the importance and benefits of legally binding treaty. This research found that the implementation of the current CSR platform fails to prevent business harm to human rights. Therefore, state responsibility is fundamental in this matter and should be enhanced by the duty to establish an international treaty. A legally binding treaty is important to protect human rights from irresponsible business activity and can be beneficial and relevant to the interest of parties involved in business and human rights.

Page 1 of 1 | Total Record : 6

 1 

Filter by Year

2022 2022


Reset
Filter By Issues
All Issue Vol 16, No 2 (2025): August Edition Vol 16, No 1 (2025): April Edition Vol 15, No 3 (2024): December Edition Vol 15, No 2 (2024): August Edition Vol 15, No 1 (2024): April Edition Vol 14, No 3 (2023): December Edition Vol 14, No 2 (2023): August Edition Vol 14, No 1 (2023): April Edition Vol 13, No 3 (2022): Edisi Desember Vol 13, No 3 (2022): December Edition Vol 13, No 2 (2022): August Edition Vol 13, No 2 (2022): Edisi Agustus Vol 13, No 1 (2022): Edisi April Vol 13, No 1 (2022): April Edition Vol 12, No 3 (2021): Edisi Desember Vol 12, No 3 (2021): December Edition Vol 12, No 2 (2021): Edisi Agustus Vol 12, No 2 (2021): August Edition Vol 12, No 1 (2021): Edisi April Vol 12, No 1 (2021): April Edition Vol 11, No 3 (2020): December Edition Vol 11, No 3 (2020): Edisi Desember Vol 11, No 2 (2020): Edisi Agustus Vol 11, No 2 (2020): August Edition Vol 11, No 1 (2020): Edisi April Vol 11, No 1 (2020): April Edition Vol 10, No 2 (2019): Edisi Desember Vol 10, No 2 (2019): December Edition Vol 10, No 1 (2019): Edisi Juli Vol 10, No 1 (2019): July Edition Vol 9, No 2 (2018): Edisi Desember Vol 9, No 2 (2018): December Edition Vol 9, No 1 (2018): Edisi Juli Vol 9, No 1 (2018): July Edition Vol 8, No 2 (2017): Edisi Desember Vol 8, No 2 (2017): December Edition Vol 8, No 2 (2017): Edisi Desember Vol 8, No 1 (2017): July Edition Vol 8, No 1 (2017): Edisi Juli Vol 7, No 2 (2016): December Edition Vol 7, No 2 (2016): Edisi Desember Vol 7, No 1 (2016): July Edition Vol 7, No 1 (2016): Edisi Juli Vol 6, No 2 (2015): December Edition Vol 6, No 1 (2015): July Edition Vol 5, No 2 (2014): December Edition Vol 5, No 1 (2014): July Edition Vol 4, No 2 (2013): December Edition Vol 4, No 1 (2013): July Edition Vol 3, No 2 (2012): December Edition Vol 3, No 1 (2012): July Edition Vol 1, No 1 (2010): First Edition More Issue