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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
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Search results for , issue "Vol 13, No 3 (2022): Edisi Desember" : 6 Documents clear
Urgensi Tata Ruang Berbasis Mitigasi Bencana Likuifaksi: Hak Asasi Masyarakat Kabupaten Jember M. Kava Zulfikri; Eddy Mulyono; Muhammad Bahrul Ulum
Jurnal HAM Vol 13, No 3 (2022): Edisi Desember
Publisher : Badan Penelitian dan Pengembangan Hukum dan HAM

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1052.829 KB) | DOI: 10.30641/ham.2022.13.383-400

Abstract

The potential for high liquefaction in Jember Regency has the potential to take its toll and losses that will interfere with aspects of life as experienced by the Central Sulawesi in 2018. Disaster mitigation efforts are needed that look at the extent to which spatial planning and development in Jember Regency pay attention to liquefaction vulnerabilities. Because the vulnerability of the region itself is a consideration of spatial planning and development. This aricle aims to discuss the extent of the importance of liquefaction mitigation-based spatial planning in Jember in terms of regulations, impacts, and their relation to the fulfillment of the human rights of the people of Jember. The method used is socio-legal. This paper confirms that the regulation of decent and safe housing from liquefaction disasters in Jember is still minimal. In addition, the RTRW and RPJMD Regional Regulations have also not made liquefaction part of the disaster in Jember. However, the urgency of this liquefaction regulation is actually not only about disaster mitigation-based spatial planning but also the fulfillment of the human rights of liquefaction victims, so the government is obliged to regulate it even if there are no specific regulations at the national or local level.
Revisiting Legal and Ethical Challenges in Fulfilling Human Right to Clean Air in Indonesia Detania Sukarja; Barran Hamzah Nasution
Jurnal HAM Vol 13, No 3 (2022): Edisi Desember
Publisher : Badan Penelitian dan Pengembangan Hukum dan HAM

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (967.904 KB) | DOI: 10.30641/ham.2022.13.557-580

Abstract

Pro-investment and development government policies to achieve people’s welfare can potentially violate human right to clean air through business activities that contribute to air pollution. In Jakarta, this condition led to a public lawsuit against the central and regional governments, who were considered liable for the air pollution and harm suffered by the community. This study reviews the concept of the right to clean air as a human right and analyzes the legal and ethical challenges in fulfilling human right to clean air in Indonesia. The discussion includes the relationship between business and human rights, the concept of clean air as a human right and a review of the legal framework to enforce liability and accommodate legal remedies and the private initiatives to drive and implement more responsible choices to reduce air pollution. The method used in this study was a literature study with data analyzed qualitatively. The paper concludes that people’s right to clean air is a fundamental human right. The fulfillment of human right to clean air can be driven by state’s power to impose regulation and the implementation of ethical and responsible business activities by corporations. The government needs to strengthen regulations related to air pollution control and business legal compliance, notably strengthening applicable air quality standards in accordance with evidence-based, internationally recognized standards to protect public health. Similarly, corporations should act as “moral agents” who apply ethical behaviors in their business activities to minimize air pollution.
SIPKUMHAM and The Rise of Digitalization in the Ministry of Law and Human Rights Nur Rahmawati Waji
Jurnal HAM Vol 13, No 3 (2022): Edisi Desember
Publisher : Badan Penelitian dan Pengembangan Hukum dan HAM

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1008.971 KB) | DOI: 10.30641/ham.2022.13.479-494

Abstract

The use of digital has accelerated after Covid-19 Pandemic which now has turned to the third year. The implementation of digital development is the emergence of digital system in government administrations which is known as Electronic Government. The situation encourages the use of digital government, or more specifically the use of digital system in government administration system or known as E-Government. Digitalization occurs in many areas including in law and human rights. However, the impact of digital acceleration on working procedures at the Ministry of Law and Human Rights becomes the main focus, currently. This article aims to unfold the process of digital acceleration procedures at the Ministry of Law and Human Rights, handling law and human rights affairs. In particular this article will discuss the SIPKUMHAM application. In fact, the attachment of digitalization, has been stated by Law and Human Rights Research and Development Agency within the SIPKUMHAM which contains databases regarding to the issues and its control. This study uses empirical juridical research of qualitative approach. We found that databases are needed to make evidence-based policy. The SIPKUMHAM application becomes a research information system that is able to provide factual data in terms of policy recommendations and tangible forms of performance to the Republic of Indonesia.
Pemenuhan Hak Warga Negara Eks Timor Timur untuk Mendapatkan Kehidupan yang Layak Irfan Fachrudin
Jurnal HAM Vol 13, No 3 (2022): Edisi Desember
Publisher : Badan Penelitian dan Pengembangan Hukum dan HAM

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1134.087 KB) | DOI: 10.30641/ham.2022.13.401-412

Abstract

East Timor is one of the provinces in Indonesia which separated itself as a result of the referendum in 1999 and became a country named Republik Deokratik Timor Leste (RDTL). As a result of the referendum, residents who wished to remain Indonesian citizens had to leave and then flee to the nearest area, one of which was in the Belu district, East Nusa Tenggara which is directly adjacent to East Timor. This research finds data that there are unfulfilled rights of citizens and solutions so that their rights can be fulfilled. The purpose of the research is to find out what rights have been received and aims to provide solutions so that their rights can be fulfilled. Collecting data by interviewing sources and then analyzing it. There are rights of ex-East Timorese that not been fulfilled, namely the right to have a proper place to live, the right to get a job, the right for children. The government must pay more attention to the conditions of the residents so that their rights are fulfilled. These problems can be handled by providing training and opening up job opportunities so that they can be independent and no longer live in refugee camps.
Pornography in Universalism Perspective: A Freedom Expression? Eka N.A.M. Sihombing; Cynthia Hadita
Jurnal HAM Vol 13, No 3 (2022): Edisi Desember
Publisher : Badan Penelitian dan Pengembangan Hukum dan HAM

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (871.823 KB) | DOI: 10.30641/ham.2022.13.581-588

Abstract

The issue of the right to freedom of expression and pornography needs to be studied from a human rights perspective in terms of universalism and particularism. Pornography has the potential to have different standards depending on the time and place of a person’s use of clothing and the extent to which the law restricts pornographic behavior. This study aims to unravel pornography and freedom of expression in the digital space from the Perspective of Human Rights Particularism. The research method used is normative legal research. The results reveal that freedom of expression in Indonesia is intertwined with the dimension of human rights particularism, especially Pancasila so all forms of protests that contain pornography disseminated through the digital space are contrast to the value of Indonesian human rights particularism.
Freedom Of Speech and Human Rights: What Can Civic Education Do? Fatimatuz Zahrah; Siti Maizul Habibah
Jurnal HAM Vol 13, No 3 (2022): Edisi Desember
Publisher : Badan Penelitian dan Pengembangan Hukum dan HAM

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (969.544 KB) | DOI: 10.30641/ham.2022.13.495-508

Abstract

Pancasila and Citizenship Education can be considered as a way to improve citizens’ opinions. This research is a critical literature review of 40 articles from 2017 to 2022 and focuses on research progress on freedom of expression. The formulation and findings of this study indicated that the practice of freedom of expression in Indonesia has been regulated by law, but in some aspects, it is subject to restrictions. People are often act uncontrollably and abuse their freedom of speech. The impact of the existence of freedom of expression is that people can express themselves but must remain in the corridor of respecting the rights of others and actively participate in providing constructive suggestions for the state. Thus, this study concludes that freedom of expression must be balanced with good delivery procedures, citizenship and civility in expressing opinions is a cultural challenge that must be resolved to build healthy freedom of speech. Citizens’ civility for opinion and expression is recommended as one of the crucial issues that should be discussed and developed in Pancasila and Citizenship Education and as well as for inclusive education program.

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