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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 15, No 3 (2024): December Edition" : 5 Documents clear
Identifikasi Tantangan dalam Mewujudkan Kesetaraan Hak Asasi Manusia bagi Penyadang Disabilitas Psikososial di Nepal Maharjan, Bidya
Jurnal HAM Vol 15, No 3 (2024): December Edition
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2024.15.205-218

Abstract

Nepal is currently facing a severe mental health crisis characterized by a significant prevalence of mental illness that remains largely unaddressed. The issue is exacerbated by pervasive social stigma, lack of awareness, and insufficient political commitment, pushing mental health to the bottom of the political agenda. In Nepal, mental health treatment predominantly focuses on biomedical interventions, mainly ignoring the human rights aspects, highlighting the crucial need for a paradigm shift in approach. The enactment of the Convention on the Rights of Persons with Disabilities (CRPD) on June 6, 2010, presents an opportunity for a transformative shift in Nepal’s approach to mental health. This research investigates the barriers within Nepal’s rights-based mental health framework, drawing insights from individuals with psychosocial disabilities, their families, policymakers, legal experts, and NGO representatives. It features four case studies that highlight the challenges these individuals face, and the roles played by their families and communities in providing care. The objective is to provide insights into the daily realities of community members in Nepal. In summary, the study highlights the importance of adopting a robust human rights-based approach to quality practice. Such an approach, which fosters trust in engaging individuals with psychosocial disabilities, their families, the community, and mental health service providers, is not merely a theoretical concept but a vital requirement for enhancing mental health practices in Nepal.
Menimbang Prospek Komunikasi Individual HAM: Politik Hukum dan Implikasi Potensial Bagi Indonesia Ashri, Abdul Munif; Triyana, Heribertus Jaka
Jurnal HAM Vol 15, No 3 (2024): December Edition
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2024.15.169-186

Abstract

The individual communications procedure is a vital mechanism in international human rights law that enables victims to seek remedies when domestic legal venues have been exhausted or failed to deliver justice. Although Indonesia has acceded to almost all core international human rights treaties, its individual communications procedures have yet to be accepted. This study investigates the Indonesian Government’s human rights legal policy toward individual communications procedures acceptance through the ratification/accession of the ICCPR First Optional Protocol and ICESCR Optional Protocol, as well as analyzes the potential implications of such acceptance. This study utilizes a normative legal methodology coupled with interdisciplinary and conceptual approaches. In addition to analyzing legal materials, interviews were conducted with scholars, NGO activist, victim, and former Commissioner of Indonesia’s National Human Rights Commission to deepen the analysis. The findings reveal the Government’s lack of political will to accept individual communications procedures due to a tendency to avoid adjudicatory human rights accountability mechanisms and the avoidance of possible compliance costs, such as financial, reputational, and political burdens. Furthermore, this study demonstrates that these procedures’ acceptance has potential implications for opening access to justice for victims, providing strategic litigation channels, and facilitating interaction between treaty bodies and the national judiciary regarding the development of interpretations of human rights through judicial dialogue. The Government should consider ratifying/acceding the ICCPR and ICESCR Optional Protocols to strengthen the domestic human rights protection infrastructure and enhance its reputation as a promoter of human rights.
Teologi Migrasi: Kontribusi Teoritis dan Teologis terhadap Pemahaman Agama dalam Upaya Melawan Perdagangan Manusia di Nusa Tenggara Timur (NTT Oematan, Isakh Bendris
Jurnal HAM Vol 15, No 3 (2024): December Edition
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2024.15.187-204

Abstract

Theology of Migration represents a form of praxis that elucidates the relationship between theology (religion) and social reality, with a particular focus on migration. This relationship is characterized by intricate, intertwining, and constructive engagement. This leads to the question of whether migration theology can address the issue of migrants who eventually become involved in the criminal act of trafficking in persons (TPPO). Since 2016, NTT has been identified as a key area of concern in the context of human trafficking. Recent research on the phenomenon of human trafficking has identified a number of socio-structural issues that contribute to its prevalence, including deficiencies in education, poverty, patriarchal structures, feudalistic systems, and the scarcity of natural and human resources. The objective of this paper is to demonstrate that religion can play a significant role in the fight against TPPO in NTT. As an integral aspect of human existence, religion can serve as a foundation for efforts to provide crucial insights into the phenomenon of migration. Migration theology endeavors to reflect the phenomenon of migration in the light of public theology, thereby providing a basis for defense. This is then realized in practical actions against TPPO, with the objective of actively involving religion. In this context, migration theology will undertake a comprehensive examination of the various factors underlying the migration of people in NTT. It will then engage in interdisciplinary dialogue with the results obtained, particularly with regard to the teachings of Christianity concerning the phenomenon of migration (in terms of tradition, doctrine, the Bible, and theology). The latter can be enhanced with additional theological perspectives, particularly those pertaining to interfaith dialogue, in order to develop a comprehensive theological perspective on migration and to foster a distinctive theological approach to the migration patterns of the people of NTT. This research is grounded in a literature review employing a prosessional correlation approach, wherein Scripture, theological-dogmatic tradition, and socio-cultural human experience converge and engage in a dynamic interplay, ultimately manifesting itself in theological and practical terms.
Legacy Pengadilan Hibrida di Kamboja: Memajukan Peradilan yang Bebas dan Tidak Memihak? Kum, Somaly
Jurnal HAM Vol 15, No 3 (2024): December Edition
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2024.15.159-168

Abstract

The mandate of the Extraordinary Chambers in the Courts of Cambodia (ECCC) concluded in 2022, marking the end of its nearly two-decade presence in Cambodia. Established as a hybrid court through a collaboration between the Cambodian government and the United Nations, the ECCC operated under a unique framework combining foreign and domestic laws, personnel, and judges. While the caseload of the court ended in early 2022, there are remaining legacies for Cambodians. This research investigates the legacy of the ECCC concerning fair trial rights and examines how national staff apply their experiences from the ECCC in the national courts. The article relies on document analysis and in-depth interviews with seven former and current Cambodian domestic court staff who worked at the ECCC to analyze three elements of fair trial rights: the right to adequate time and facilities to prepare a defense, the right to legal representation and to be present at trial, and the right to presumption of innocence. This paper argues that the legacy of the ECCC lies in its contribution to build the national staff’s capacity on fair trial rights in domestic courts in Cambodia. However, significant challenges remain, as the fair trial rights envisioned and put in place in the ECCC cannot be currently delivered by Cambodian domestic judicial system.
Model Aksi Afirmatif Pemenuhan Hak Masyarakat Adat di Kawasan Ibu Kota Nusantara (IKN) Susmiyati, Haris Retno; Grizelda, Grizelda; Harjanti, Wiwik; Alfian, Alfian; Subroto, Aryo
Jurnal HAM Vol 15, No 3 (2024): December Edition
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2024.15.219-238

Abstract

The decision to build a new capital on the Kalimantan Island called Nusantara caused various conflicts, such as the neglect and marginalization of indigenous peoples and the ignoring of their certainty of access and meaningful participation. This paper explains how the substance of the Nusantara Capital development regulation is to provide full protection to Indigenous peoples or vice versa, how it impacts the protection of Indigenous people's rights, as well as how the affirmative action model fulfills the rights of Indigenous peoples in the Nusantara Capital area. Through a socio-legal approach as the method, the results of the study found that the constitution has regulated the recognition of indigenous peoples, but in the substance of regulations related to the Nusantara capital, the phrases that regulate are very weak. The phrases used do not explicitly ensure the protection of the rights of indigenous peoples, which has an impact on various neglect of the existence of indigenous peoples. As a result, a model of affirmative action is needed for indigenous peoples in the regulation of the Nusantara capital. This includes ensuring access for indigenous peoples to be involved in policymaking. Furthermore, transparency of information in the development of the Nusantara capital is important to formulate policies that accommodate the protection and fulfillment of the rights of indigenous peoples. It is important to ensure the recognition of indigenous peoples and their living space through an affirmative action model regulated by the head of the Nusantara capital authority. 

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