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<![CDATA[Detensi Imigrasi Berkepanjangan yang Bertentangan dengan HAM pada Fasilitas Detensi Imigrasi di Jepang: Tinjauan Perspektif Institusional ]]>
<![CDATA[Sari Anggaini]]>;
<![CDATA[Kurniawaty Iskandar]]>
<![CDATA[ Jurnal HAM Vol 13, No 3 (2022): December Edition ]]>
Publisher : <![CDATA[Badan Penelitian dan Pengembangan Hukum dan HAM ]]>
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DOI: 10.30641/ham.2022.13.347-368
<![CDATA[Recently, some cases of human rights violations in immigration detention centers across Japan have attracted worldwide attention. Those inhumanely considered cases necessitated the United Nations expressing an opinion through the United Nations Working Group on Arbitrary Detention. This study found that ingrained ideologies of homogeneity in Japanese society give rise to immigration policies that tend to hinder the integration of immigrants into Japanese society. This research looks at three main areas: first, how the ideology of homogeneity led to prolonged immigration detention in Japan; second, whether immigration detention in Japan violates international human rights law; and, finally, the guarantee of human rights protection for detainees in Japan. a qualitative research method using a literature review to describe how ethnic homogeneity causes prolonged immigration detention in Japan that is against international law through an institutional frame.]]>
<![CDATA[Ar-B (Augmented Reality and Brille) Module Innovation of Learning Media in the Fulfillment of Human Rights Field of Education for Visually Impaired Person ]]>
<![CDATA[Oviensy, Vegia]]>
<![CDATA[ Jurnal HAM Vol 13, No 3 (2022): December Edition ]]>
Publisher : <![CDATA[Badan Strategi Kebijakan Hukum ]]>
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DOI: 10.30641/ham.2022.13.603-612
<![CDATA[The development of the Ar-B (Augmented Reality and Braille) TikTok-based Learning Media Innovation in Indonesia addresses a critical human rights issue especially on ensuring equal access to education for individuals with disabilities, particularly those with visual impairments. Despite there being over 3 million visually impaired individuals in Indonesia, only a fraction of media content is accessible to them. This stark inequality violates the fundamental human rights principles of non-discrimination and equal access to education, as outlined in international agreements such as the Universal Declaration of Human Rights and the Convention on the Rights of Persons with Disabilities. During the COVID-19 pandemic, when traditional educational avenues were disrupted, 99% of students turned to social media for learning, highlighting the urgency to make digital platforms inclusive. TikTok emerged as a predominant medium, with a significant proportion of students using it extensively. The Ar-B innovation leverages technology to bridge this accessibility gap by integrating Augmented Reality and Braille, thus enabling both visually impaired and non-impaired students to access educational content effectively on TikTok. Through the Research and Development (R&D) process and rigorous validation, the Ar-B Module has demonstrated a 92% validity rate and shown to enhance student learning outcomes. By ensuring that educational tools are inclusive and accessible, this innovation not only supports the educational rights of disabled individuals but also contributes to broader human rights goals of equity and inclusivity in education. It exemplifies Indonesia's commitment to fulfilling its obligations under international human rights frameworks by promoting inclusive education through innovative technological solutions.]]>
<![CDATA[A Critical Analysis of the Indonesian Human Rights Action Plan 1998-2020 ]]>
<![CDATA[El Muhtaj, Majda]]>
<![CDATA[ Jurnal HAM Vol 13, No 3 (2022): December Edition ]]>
Publisher : <![CDATA[Badan Strategi Kebijakan Hukum ]]>
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DOI: 10.30641/ham.2022.13.519-538
<![CDATA[This article examines the genesis and evolution of Indonesia's National Human Rights Action Plan (NHRAP), known as Rencana Aksi Nasional Hak Asasi Manusia (Ranham), throughout the Reform era from 1998 to 2020. Ranham stands as an important national policy document designed to articulate two primary objectives: first, to delineate how the state integrates human rights principles and norms into its policies; and second, to establish benchmarks for measuring its notable achievements in this domain. Adopted and implemented by successive Indonesian governments, Ranham has been instituted through Presidential Regulations across five distinct phases over two decades of the Reform era. The foundation of Ranham can be traced back to the Vienna Declaration and Program of Action (VDPA) of 1993, a seminal international human rights framework. Currently, over 70 countries, Indonesia among them, have formulated their respective versions of Ranham. This article underscores Ranham's role as a manifestation of Indonesia's commitment to advancing the human rights agenda nationally. However, it also identifies a significant challenge: the insufficient conceptualization of human rights, which hampers the robust development and fortification of Indonesia's national human rights framework.]]>
<![CDATA[Urgensi Penghormatan Otonomi dan Hak Menerima Informasi Vaksinasi Covid-19 dalam Konteks Kewajiban Vaksinasi ]]>
<![CDATA[Ervin Dyah Ayu Masita Dewi]]>
<![CDATA[ Jurnal HAM Vol 13, No 3 (2022): December Edition ]]>
Publisher : <![CDATA[Badan Penelitian dan Pengembangan Hukum dan HAM ]]>
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DOI: 10.30641/ham.2022.13.445-458
<![CDATA[Currently, the Covid-19 vaccination coverage is quite high, reaching 62%. Ironically, there are many rejection and inappropriate motivation in receiving vaccines. Enthusiasm for vaccination didn’t represent the understanding regarding vaccination. Lack of understanding can be caused by limited or ineffective information. To describe the provision of information during the Covid-19 vaccination, a descriptive qualitative study was conducted with in-depth interviews with ten respondents. The data was analyzed by making coding and themes and compared with references. The results showed that four out of ten respondents didn’t receive information prior to the Covid-19 vaccination. It was also found that the motivation to receive vaccines was only as an obligation and for using public facilities. On the other hand, vaccinators had limitations in providing information and only prioritize vaccination coverage. Without adequate information, receiving vaccine would be a mere compulsion. Respect for autonomy of vaccine recipients and rights to receive information as parts of human rights didn’t work. The obligation to receive the Covid-19 vaccination in the context of a pandemic must respect the rights and autonomy of the community. Collaboration from the government and local leaders and structured coordination are needed so that the Covid-19 vaccination is accordance with ethical standards.]]>
<![CDATA[Realitas Masyarakat Papua dalam Distorsi Representasi Media: Analisis Media Baru ]]>
<![CDATA[Logan Gunadi Wirawan]]>;
<![CDATA[Muhammad Fauzan Farendra]]>;
<![CDATA[Yoas Lintang]]>
<![CDATA[ Jurnal HAM Vol 13, No 3 (2022): December Edition ]]>
Publisher : <![CDATA[Badan Penelitian dan Pengembangan Hukum dan HAM ]]>
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DOI: 10.30641/ham.2022.13.369-382
<![CDATA[Media portrayals towards minorities result in implications towards how society as a whole views them. This paper questions how the media representation of Papua reflects the reality of their socio-political situation and what the implications of said representations are. Based on secondary data analysis towards Indonesian media's portrayals of Papua, including but not limited to its' constituents and environment, this paper seeks to understand based on new media theories of social reality how the media portrayals of Papua have impacts towards the socio-political experience of Papuans in Indonesians, and Indonesians towards Papuans. The results obtained by the analysis indicate that media employs stereotypical and surface level portrayals of Papua in a way that dismisses the structural issues Papuans are facing. Those results show that media representation plays an integral part towards manufacturing discrimination towards Papuans, leading towards this paper’s recommendations that calls for increased pressure towards demanding that the damages caused by false media portrayals of Papua were to be rectified by responsible parties.]]>
<![CDATA[Protection of Human Rights Victims of Sexual Violence through Maqâsid al-Sharî’ah: A Case in Batu City Indonesia ]]>
<![CDATA[Miftahudin Azmi]]>
<![CDATA[ Jurnal HAM Vol 13, No 3 (2022): December Edition ]]>
Publisher : <![CDATA[Badan Penelitian dan Pengembangan Hukum dan HAM ]]>
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DOI: 10.30641/ham.2022.13.613-630
<![CDATA[Sexual violence can happen anywhere, and some perpetrators are usually related to the victim. A case of sexual violence occurred at Selamat Pagi Indonesia School in Batu city. The schoolmaster threatened the victim to comply with his wishes. A school environment, which should be a place to learn about science and ethics, has become a scene for sexual assault. This article aims to provide prevention and settlement alternatives for sexual violence through maqâsid al-sharî’ah methods. The data show that sexual violence at the school has occurred since 2009. This article includes empirical research using qualitative methods by describing and analyzing the data which is presented in descriptive text. The result of the research shows that the victims are incapable of fighting back due to manipulation in order to always be obedient and repay the perpetrators. The intimidation practice is in contrast to human rights and religious purposes, while the perpetrators exploit the power relation and manipulate religious narratives to commit the crime. Understanding religious purposes (maqasid alsharî’ah) provides essential tools to minimize human rights violations in the form of sexual violence. One is allowed to make prejudices and refuse to engage in an activity that may lead to sexual violence. The resistance corresponds with maqâsid al-sharî’ah which consists of safeguarding the soul, progeny, mind, religion, and wealth.]]>
<![CDATA[Regulation Model of Religious Rights and Freedoms for Local Religious Believers in the Majapahit Constitution ]]>
<![CDATA[Muwaffiq Jufri]]>
<![CDATA[ Jurnal HAM Vol 13, No 3 (2022): December Edition ]]>
Publisher : <![CDATA[Badan Penelitian dan Pengembangan Hukum dan HAM ]]>
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DOI: 10.30641/ham.2022.13.539-556
<![CDATA[This article unfolds that the Majapahit Kingdom of Indonesian history has accommodated religious rights and freedom for local religious believers/adherents in its constitution. The kingdom was known in history as tolerant, harmonious, and had reasonable regulations to avoid faith-based conflicts. This finding is significant amid the rising concern over respect and protection of local indigenous religious beliefs in contemporary Indonesia. This research used normative legal methods with statutory, historical, and case approaches. The results and discussions were: first, the weakness of the Indonesian constitution’s model of regulating religious rights and freedoms was that it closed access for local religious believers to adhere to and carry out their religious teachings; second, the model regulating the right to religious freedom for local religious believers needed to distinguish the status of religions in Majapahit. Local religions retain an equal position in the constitution. In addition, this constitution also guided religious believers in Majapahit as part of the regulations in the field of religious rights and freedoms. This research concluded that equalizing positions and concepts of spiritual development allows regulating religious rights and freedoms in its constitution to make Majapahit a tolerant, harmonious country that avoids faith-based conflicts.]]>
<![CDATA[The Regulatory Status Analysis for Updating the Public Legal Awareness on Human Rights in Indonesia ]]>
<![CDATA[Mulyono, Andreas Tedy]]>;
<![CDATA[Pramono, Rudy]]>
<![CDATA[ Jurnal HAM Vol 13, No 3 (2022): December Edition ]]>
Publisher : <![CDATA[Badan Strategi Kebijakan Hukum ]]>
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DOI: 10.30641/ham.2022.13.459-478
<![CDATA[This study contends that quantitative empirical legal research is instrumental in enhancing comprehension of public legal awareness regarding the implementation of human rights protection in Indonesia. Utilizing Partial Least Squares-Structural Equation Modelling (PLS-SEM), the study offers a flexible framework to explore the relationship between human rights ideals and key elements of the legal system as research variables. This research constitutes a literature review emphasizing the significance of empirical quantitative methods, particularly through the development of a path model termed Regulatory Status Analysis. In the proposed model, justice, certainty, and expediency are posited as independent variables representing fundamental legal ideals, while substantive law and legal structure serve as mediating variables within the legal framework. Through empirical testing, the path model elucidates the intricate connections among these variables, focusing on their impact on public awareness and compliance with legal norms safeguarding human rights. Findings indicate that substantive law significantly enhances awareness of legal obligations, whereas the influence of legal structure is minimal, possibly due to perceived inadequacies in enforcing laws against human rights violations. These empirical insights underscore the imperative of developing a robust human rights legal framework conducive to effective implementation and enforcement. By informing national and global legal scholarship, this research aims to guide policy-makers in refining legal systems that promote public awareness, compliance, and protection of human rights.]]>
<![CDATA[Legal Protection for Disabilities Persons with Language Limitations in Law Enforcement ]]>
<![CDATA[Barid, Vera Bararah]]>;
<![CDATA[Indriyani, Dewi Analis]]>;
<![CDATA[Yulianti, Yeni]]>;
<![CDATA[Putra, Sri Gilang Muhammad Sultan Rahma]]>;
<![CDATA[Utami, Penny Naluria]]>
<![CDATA[ Jurnal HAM Vol 13, No 3 (2022): December Edition ]]>
Publisher : <![CDATA[Badan Strategi Kebijakan Hukum ]]>
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DOI: 10.30641/ham.2022.13.631-645
<![CDATA[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.]]>
<![CDATA[Komisi Kebenaran dan Rekonsiliasi dalam Era Nontransisional: Implementasi di Korea Selatan dan Kanada ]]>
<![CDATA[Anggarani Utami Dewi]]>;
<![CDATA[Mustafa Fakhri]]>
<![CDATA[ Jurnal HAM Vol 13, No 3 (2022): December Edition ]]>
Publisher : <![CDATA[Badan Penelitian dan Pengembangan Hukum dan HAM ]]>
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DOI: 10.30641/ham.2022.13.413-428
<![CDATA[This article aims to explain the practice of Truth and Reconciliation Commission (TRC) in non-transitional era. The TRC in non-transitional era was formed by democratic country or to reveal the truth of gross human rights violations that occurred decades ago. This research uses comparative method that compares the practice of TRC in South Korea (Commission on Clearing up Past Incidents for Truth and Reconciliation/TRCK) and Canada (Truth and Reconciliation Commission of Canada/TRCC). The results of the study indicate that the TRCK and TRCC were formed as an effort by the state to improve previous efforts in dealing with gross human rights violations; the number of staff members had a more significant impact on the success of the TRC than the number of commissioners; the norms governing the protection, prohibition, and sanctions for commissioners and staff, testifying witnesses, the persons named in the testimony and for individual and community; TRCK and TRCC gathered facts within two years; and the reconciliation process was carried out by the commission through the rehabilitation of reputations and holding memorial services. This article recommends that the practice of TRC in South Korea and Canada can be adopted in the preparation of policies for the establishment of TRCs in Indonesia.]]>
