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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 15, No 1 (2024): April Edition" : 5 Documents clear
Hak Asasi Manusia dan Perbatasan: Mengembalikan Kerugian Hak-Hak Masyarakat Adat Sama Dilaut di Filipina Selatan Aquino, Kriselle Marie Calica
Jurnal HAM Vol 15, No 1 (2024): April Edition
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2024.15.19-34

Abstract

The Sama Dilaut, identifying themselves as a seafaring people, consider the sea central to their homeland and cultural identity. Despite formal recognition of their procedural rights under international and domestic legal frameworks, they persist on the periphery of societal hierarchies, not due to material scarcity but because of profound deficits in capabilities and freedoms. This study shifts focus from material deprivation to rights deprivation, specifically examining how their indigenous perspectives are marginalized in the interpretation and realization of human rights. Utilizing qualitative methods, particularly phenomenology and key informant interviews, this research investigates the multifaceted experiences of deprivation faced by the Sama Dilaut across different contexts: on land, at sea, and within both community (horizontal) and state (vertical) frameworks. Furthermore, it critically analyzes potential pathways and strategies to enable them to fully exercise their rights and freedoms. Central to the findings is the Sama Dilaut's conceptualization of human rights ('kapatut manusiya'), which underscores four primary areas of deprivation compared to desired freedoms: knowledge and education ('pangalaman' or 'panghati'), indigenous culture, spirituality, and religious beliefs ('pangaddatan' and 'pag-omboh' or 'pag-paybahau'), traditional and diversified economic livelihoods ('pag-usaha' or 'pagkalluman'), and socio-political leadership and participation ('panglima' or 'nakura'). This study contributes significantly to reframing the discourse on international human rights by foregrounding the experiences of the Sama Dilaut, a community characterized by their deprivation of freedoms despite their rich maritime heritage and worldview. By amplifying their voices and highlighting their lived realities, this research advocates for a more inclusive approach to human rights that incorporates and respects diverse indigenous perspectives. Ultimately, it seeks to inform policy and advocacy efforts aimed at addressing systemic inequalities and promoting the full realization of rights for marginalized communities such as the Sama Dilaut.
Perekrutan di negara ketiga: Kasus Pekerja Filipina Luar Negeri di Taiwan hingga Polandia Ituriaga, Anna Joceline Dizon
Jurnal HAM Vol 15, No 1 (2024): April Edition
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2024.15.51-62

Abstract

This study explores the complexities of third-country serial labor migration among Filipino factory workers, specifically those moving from Taiwan to Poland—an activity deemed illegal by the Philippine government. Utilizing qualitative methods, the research conducts in-depth interviews with participants like Mae, Rick, and Justin, complemented by a key informant interview. The findings reveal a nuanced decision-making process, with participants expressing a desire for enhanced job conditions, contractual flexibility, and career advancement opportunities in Poland. Despite the Philippines' oversight and support for temporary migration, the practice of third-country hiring raises legal and ethical concerns. Without proper authorization from the Philippine government, recruiting workers through a third country is deemed illegal. To protect migrant workers, established procedures, including obtaining an Overseas Employment Certificate (OEC), are implemented to ensure lawful deployment. This study contributes to the ongoing discourse surrounding serial labor migration, providing valuable insights that can inform policy frameworks and practices aimed at enhancing the welfare and protection of migrant workers within the global labor market. Through analysis of the experiences and challenges faced by Filipino factory workers engaging in third-country migration, this research seeks to promote a deeper understanding of the complexities inherent in labor migration processes and advocate for measures to safeguard the rights and well-being of migrant workers worldwide.
Situasi Genting Pengungsi dan Pekerja Migran di Malaysia yang Berkelanjutan Pasca-Covid-19 Michael, Sheila Devi
Jurnal HAM Vol 15, No 1 (2024): April Edition
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2024.15.35-50

Abstract

The COVID-19 pandemic exacerbated the vulnerabilities faced by refugees and migrant workers globally, and Malaysia was no exception, where these groups encountered significant challenges exacerbated by their marginalized legal status. Often perceived as illegal, refugees and migrant workers faced widespread discrimination and neglect during Malaysia's efforts to manage and contain the virus. This environment fostered xenophobic attitudes among both the government and the general population, undermining efforts to protect these vulnerable populations from abuse, exploitation, and discrimination. Compared to international standards, Malaysia's response to safeguarding the rights of refugees and migrant workers fell short, as evidenced by their inadequate protection measures during the pandemic. This paper seeks to shed light on the dire conditions experienced by these groups throughout the COVID-19 crisis and their ongoing precarious situation. Drawing from a range of primary and secondary sources including official statements, mainstream media reports, and findings from local and international organizations, the research underscores persistent challenges faced by refugees and migrant workers. The findings reveal that despite sporadic efforts, the fundamental situation for these vulnerable groups remains largely unchanged, with systemic issues of discrimination and neglect persisting. In response, the paper advocates for urgent reforms and the implementation of comprehensive policies by the Malaysian government to improve conditions and protect the rights of refugees and migrant workers effectively. These reforms are essential not only for meeting international human rights standards but also for fostering a more inclusive and equitable approach to public health crises and broader social welfare policies.
Remisi hukuman dan konstitusionalitas hukuman penjara seumur hidup di Seychelles Mujuzi, Jamil Ddamulira
Jurnal HAM Vol 15, No 1 (2024): April Edition
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2024.15.63-84

Abstract

This article critically examines the legal framework surrounding life imprisonment in Seychelles, particularly in light of recent legislative and judicial developments. Historically, Seychelles' legal landscape allowed for the remittance of sentences for all prisoners except those serving life terms or convicted of severe drug offenses. Prior to 2021, ambiguity existed regarding whether life imprisonment necessitated incarceration for the entirety of an offender's life, leading to varied interpretations and inconsistent practices wherein some individuals were released after 15 to 20 years of imprisonment. This uncertainty was addressed by an important decision of the Seychelles Court of Appeal, which asserted that life imprisonment should indeed mean incarceration for the remainder of the convict's natural life. Subsequently, legislative amendments in 2021 codified this understanding within the Criminal Procedure Code, expressly defining life imprisonment as confinement for the duration of the offender's life. However, the article argues that such a statutory definition and practice may contravene fundamental human rights principles, particularly concerning human dignity and protection from inhuman or degrading treatment. Drawing on comparative jurisprudence from various African jurisdictions, decisions of the European Court of Human Rights, and standards articulated by international human rights bodies, the author contends that indefinite life imprisonment without the prospect of release violates prisoners' rights enshrined in international law. Furthermore, the author invokes the drafting history of Article 10(3) of the International Covenant on Civil and Political Rights (ICCPR), emphasizing that the intent behind the provision was to safeguard against overly punitive sentences that deny any possibility of rehabilitation or eventual release. This historical context, according to the article, supports the argument that Seychelles' current approach to life imprisonment undermines its obligations under international human rights norms. Moreover, the Constitution of Seychelles grants the President discretionary powers under Article 60 to commute sentences, theoretically enabling the release of individuals sentenced to life imprisonment. This aspect introduces a layer of executive discretion that intersects with constitutional principles and international human rights standards, warranting further examination and critique. In conclusion, the article posits that Seychelles' statutory definition of life imprisonment raises constitutional and human rights concerns, advocating for a reevaluation of current practices in light of international legal standards and principles of justice.
Strategi Perbatasan Suku Dayak Agabag dalam pemenuhan Hak Budaya di Ulu Sembakung, Kalimantan Utara Hastuti, Puji
Jurnal HAM Vol 15, No 1 (2024): April Edition
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2024.15.1-18

Abstract

The local elites of the Dayak Agabag community are acutely aware of their minority status, which paradoxically presents them with unique opportunities. Situated as a frontier people within Indonesia, the Dayak Agabag have cultivated strong social bonds with the Murut Pensiangan community in Malaysia, fostering cultural cohesion that transcends national borders. These sociocultural ties, while beneficial for community solidarity, are viewed as a challenge to state sovereignty and nationalistic ideals. Ironically, local elites of the Agabag community have adeptly utilized their minority status to advocate for the development of modern-state infrastructure in their region. This article critically examines the cultural rights challenges confronting the Dayak Agabag along the Indonesia-Malaysia border, with a focus on the political agency of their local elites in shaping affirmative policies for marginalized communities and advocating for human rights. It sheds light on how both elite and community movements seek legitimacy in their endeavors. Through an ethnographic lens, the study reveals that Dayak Agabag's local elites have strategically asserted their political agency to carve out autonomy in countering state spatial domination and advocating for human rights as frontier people. Central to this analysis is the understanding that the political agency of Dayak Agabag's local elites enables them to maintain their minority status effectively, leveraging it to access political advantages and privileges across national borders. This agency offers valuable insights into how marginalized frontier communities can harness their indigenous political power to secure cultural rights, navigate cross-border dynamics, and maintain social legitimacy despite facing formal legal challenges. In conclusion, this article underscores the nuanced strategies employed by Dayak Agabag's local elites to navigate their geopolitical context, advocating for rights and infrastructure development while managing complex transnational relationships. It highlights the resilience and adaptability of frontier communities in utilizing their indigeneity to negotiate and assert their place in contemporary political landscapes.

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