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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 5 Documents
 1 
Search results for , issue "Vol 14, No 3 (2023): December Edition" : 5 Documents clear
Gerakan Politik Lokal Waria dalam Perjuangan Hak Bekerja Muharam, Ricky Santoso; Pradhanawati, Ari; Fitriyah, Fitriyah; Supratiwi, Supratiwi
Jurnal HAM Vol 14, No 3 (2023): December Edition
Publisher : Badan Strategi Kebijakan Hukum dan HAM

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2023.14.251-266

Abstract

The enactment of Regional Regulation No. 1 of 2014 concerning the Handling of Vagrants and Beggars, which has an impact on the waria (transgender) community of Yogyakarta. Most work as buskers and (art workers) reject the existence of Gepeng Regional Regulation. This rejection was based on the fact that the waria community refused to be categorized as vagrants and beggars. Research using qualitative with case studies. This research focuses on the strategy of the Yogyakarta transgender political movement by forming an advocacy coalition in response to the implementation of the Gepeng Regional Regulation which is considered to have an impact on the waria community working on the streets. The results of this study found that carrying out resistance or rejection actions was carried out in two ways. First, build a network of advocacy coalitions between communities. Second, Strategy through the media. The enactment of Perda Gepeng gave rise to two advocacy coalitions, namely the IWAYO, advocacy coalition which was formed as a result of the consolidation of several waria communities in Yogyakarta and the Gepeng Regional Caucus Coalition consisting of various organizations, NGOs and various communities that support the struggle in rejecting the Gepeng Regional Regulation by trying to influence government decisions that are considered damaging democratic values and harming the poor.
Penguatan Pemolisian Demokratis dalam Perspektif Pendidikan Kewarganegaraan: Sebuah Analisis Konseptual Setiawan, Mursyid; Darmawan, Cecep; Muradi, Muradi; Syaifullah, Syaifullah
Jurnal HAM Vol 14, No 3 (2023): December Edition
Publisher : Badan Strategi Kebijakan Hukum dan HAM

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2023.14.217-234

Abstract

One effort to strengthen the idea of democratic policing is through civic education. This research has the main aim of analyzing the conceptual aspects contained in civic education in order to provide strengthening ideas for democratic policing. This research also attempts to outline the challenges of democratic policing as viewed from the perspective of civic education in Indonesia. This article uses Gary Goertz's three-level conceptual analysis framework to dissect the conceptual dimensions in civic education that are useful for strengthening democratic policing. Qualitatively, data was obtained using literature studies from various books, journal articles, report documents, and other literature. This study shows that civic education, which is integrated with democracy, politics, law, human rights, anti-corruption, and peace education, can be a vehicle for conceptually strengthening the idea of democratic policing. In addition, this study found a number of challenges for civic education in strengthening democratic policing efforts in Indonesia. The main challenges are the problems that occur in the police institution, including not yet fully supporting democratic culture and spaces for citizens, the issue of police neutrality in political life, the practice of violations of law and human rights by police officers, the existence of corrupt behavior, and the fact that the police has not yet fully become a humanist and non-violent institution. This study requires further research to see to what extent the implementation of the concept of civic education can strengthen democratic policing efforts that are oriented to the citizenship dimension.
Aksi Kewargaan Membela Hak Ekologi Warga Trenggalek: Analisis Ideologis, Lingkungan, dan Teologis Kumai, Yayum
Jurnal HAM Vol 14, No 3 (2023): December Edition
Publisher : Badan Strategi Kebijakan Hukum dan HAM

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2023.14.267-286

Abstract

The background of this research aims to publish two reasons. First, to show a new perspective of common opinion about the social movement that is based on the class struggle. In this research, the environmental movement is run by the ecological ideology, spirituality, and theology motives. Second, the protests to reject the mining exploitation agenda are not to fight the state nor hinder the development agenda. However, these are the acts of citizenship as a part of participation in a democratic country. Based on the two points above, the research adapts two concepts those are the acts of citizenship from Engin Isin and humanistic Islam from Anna Gade. The data mining process uses ethnographic or observational participatory method that has done in the field of movement as become part of them. The discussion divides the actors of movement into three categories, two of them are Islamic-based organization and the left one is Javanese spiritual group. Each of them works on their own way to defend the ecological rights, but they all have the similar objectives of movement that is ecological sustainability. To develop the study of human rights movement in Indonesia, the approach of ethnography study needs to be deepened and doubled so that the local perspective about their own construction about rights could be mapped.
Potensi Overkriminalisasi Dalam Tindak Pidana Agama: Analisis Kritis Terhadap Perumusan Kitab Undang-Undang Hukum Pidana Nasional Baru (UU No. 1 Tahun 2023) Fernando, Zico Junius; Wulandari, Sri; Putra, Panca Sarjana
Jurnal HAM Vol 14, No 3 (2023): December Edition
Publisher : Badan Strategi Kebijakan Hukum dan HAM

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2023.14.205-216

Abstract

Overcriminalization in the context of criminal law refers to the phenomenon where too many behaviors are defined as criminal offenses, which ultimately results in the expansion of law enforcement powers and an increase in the number of individuals caught up in the criminal justice system. This study examines overcriminalization in the formulation of religious offenses contained in Law Number 1, the Year 2023 on the Criminal Code (KUHP), focusing on Article 302 on incitement of a person to no religion or belief adopted in Indonesia and its impact on atheists or non-religious communities. The analysis highlights several important issues, such as the unclear definition of "inciting" in the article, its impact on freedom of speech, potential discrimination against minorities, and misuse of the law for political purposes. The research was conducted using a qualitative method, combining document studies, literature reviews, and analysis of relevant case law. The results show that Article 302 of the New National Criminal Code may lead to overcriminalization, as it regulates acts that can be considered part of freedom of expression and religion. This article can also be considered as limiting the right of individuals to choose their beliefs or religion, including the right not to have religious beliefs. In addition, this research highlights that this article is vulnerable to abuse by parties who have political interests or want to target specific groups. As a recommendation, this study suggests the need to reform the formulation of Article 302 of the National Criminal Code to reduce the impact of overcriminalization and protect human rights, such as freedom of speech.
Peningkatan Kapasitas Kelembagaan Partai Politik untuk Mewujudkan Tindakan Afirmatif di Kalimantan Selatan Vikalista, Ellisa; Warsono, Hardi; Martini, Rina; Erowati, Dewi
Jurnal HAM Vol 14, No 3 (2023): December Edition
Publisher : Badan Strategi Kebijakan Hukum dan HAM

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2023.14.235-250

Abstract

Affirmative action is a program that promotes equal and equitable representation for the involvement and inclusion of women in politics and governance, based on the recognition that women’s rights are part of broader human rights. This study's objective is to thoroughly examine the practical use of affirmative action in national and regional political spheres, with a particular emphasis on Southern Kalimantan, which exhibits both patriarchal cultural idiosyncrasies and societal openness. Moreover, the study examines whether providing focused political education to female cadres within the established political party structure can increase women’s representation. This study selects samples from five branches of the DPD/DPW of prominent political parties identified as the top five vote-getters in the 2019 elections in South Kalimantan. The use of institutional theory is encompassed within the analytical approach. Utilizing a descriptive qualitative methodology, the process of selecting study participants involves purposive sampling, which includes primary and secondary data sources. The results of this study significantly contribute to the support and validation of affirmative action policies and improve access to women's representation by emphasizing the importance of institutional aspects inside political parties. Promoting political education for women cadres directly fulfills fundamental elements of women’s political and human rights. This effort requires the courage and generosity of political parties to advocate for special political education to be included in the party’s constitution as a formal legal basis and a long-term commitment to upholding affirmative action as a social obligation of political parties.

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