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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 16, No 1 (2025): April Edition" : 5 Documents clear
Kisah ‘Orang-Orang Angkat Pasir’ di Semenanjung Kepala Burung: Informalitas di Pinggiran Kota Sorong Mahadika, Gilang; Pradana, Riki Ari
Jurnal HAM Vol 16, No 1 (2025): April Edition
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2025.16.25-46

Abstract

The term "mining" carries a sensitive connotation for the sand lifters on the margins of Sorong City, West Papua, who prefer to identify themselves as "orang-orang angkat pasir" (sand lifters). Their labor involves extracting sand from rivers and clearing hillsides—often through deforestation—to facilitate sand collection. The ecological repercussions of these informal sand mining activities, including deforestation, have drawn concern from local governments, residents, and environmental advocates, who view these practices as detrimental to the environment. This negative perception has contributed to the stigmatization of "sand mining" as a term and a practice. This paper examines the lives and livelihoods of sand lifters, addressing the question: How do they sustain themselves through sand mining activities? For many, sand lifting represents a last resort to survive and participate in urban development, even as their work contributes to environmental degradation. While sand mining poses significant ecological challenges, it simultaneously serves as a lifeline for marginalized communities striving to improve their living conditions. By focusing on the case of sand lifters in West Papua, this paper applies the concept of "infrapolitics" to explore the intersections of informality, political agency, and the right to livelihood in urban contexts. In doing so, it broadens the discourse on human rights, informality, and environmental justice in the region, highlighting on the complex dynamics between survival, urban development, and ecological impact.
Tindak Pidana Kesusilaan dalam KUHP 2023: Perspektif Kelompok Agama Minoritas Putri, Nella Sumika
Jurnal HAM Vol 16, No 1 (2025): April Edition
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2025.16.61-76

Abstract

Indonesia, a nation celebrated for its rich diversity of ethnicities and religions, embodies a societal pluralism that deeply influences perceptions of morality and acceptable behaviour. The enactment of the 2023 Criminal Code reflects these complexities, particularly in its use of "moral policing" to redefine adultery and criminalize cohabitation as moral offenses. These provisions were integrated into contentious articles during the Code's drafting and discussion phases, sparking significant debate. Proponents claim that the existence of these moral transgressions is consistent with Indonesian society's moral and religious values. Conversely, opponents argue that these provisions as an overreach by the state, infringing upon personal freedoms and disproportionately affecting religious minorities whose beliefs and practices may diverge from the majority. Adultery and cohabitation, the focal points of these provisions, are intrinsically linked to the institution of marriage. In Indonesia, marriage transcends its administrative role and is deeply embedded within religious and cultural traditions. This dual significance renders the issue particularly contentious, as interpretations of marriage vary widely across the country's diverse communities. The ambiguity surrounding the definition of "marriage" within the legal framework raises concerns about potential discrimination. Minority religious groups, particularly those whose marital practices are not formally recognized or registered, may find themselves vulnerable to legal repercussions under the adultery and cohabitation clauses.  This article seeks to delve into the nuanced effects of these regulations, focusing on their potential to disproportionately affect religious minorities and the broader question of balancing societal norms with individual liberties in a diverse nation.
Pedasaran Filsafat Hak Asasi Manusia Menurut Höffe and Lohmann Madung, Otto Gusti Ndegong; Mai, Adrianus Yohanes; Mere, Winibaldus Stefanus
Jurnal HAM Vol 16, No 1 (2025): April Edition
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2025.16.1-10

Abstract

This article aims to philosophically justify the universality and the existence of human rights. Historically, the concept of human rights has evolved according to the context in which human rights are lived. One of the themes of debate is how human rights are justified or validated and how they can be universally accepted. Philosphers always have different opinions about what constitutes the basis of human rights. This article considers Höffe and Lohmann who sepciafically address this problem. Based on the philosophical approaches of Otfried Höffe and Georg Lohmann, this research emphasizes the universal validity of human rights. On the one hand, Otfried Höffe justifies the necessity of human rights in his anthropological approach of “transcendental exchange” which is the conditions for the possibility of being human. These conditions concern humans as physical and living beings, as linguistic and rational beings, and as social and cooperative beings who have transcendent interests in their lives. On the other hand, Georg Lohmann grounds human rights through a mutual moral obligation to recognize others as equal subjects.  Moral obligation arises from a person’s ability to decide what is good or bad. Both Höffe and Lohmann ground human rights on reciprocity. In analyzing both views of human rights, qualitative method is used in this research which focuses on literature study. This research finds that the universal nature of human rights is grounded in human vulnerability, reciprocity of mutual respect, and integration of moral obligations into legal frameworks for the protection of self-determination and dignity.
Komunitas Marjinal Keturunan Indonesia di Malaysia: Dampak Keterbatasan Akses Pendidikan Tinggi Mohd Amin, Zuraidah
Jurnal HAM Vol 16, No 1 (2025): April Edition
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2025.16.11-24

Abstract

Education is one of the crucial elements needed in order to create a better nation. However, in reality, access to education is not equally accessible to all children regardless of their background. Specifically, the case of children of Indonesian immigrants in Malaysia has been impacted, as the privilege of tertiary education has been limited since the implementation of the Malaysia’s New Economic Policy in 1971. The children of Indonesian immigrants are born in Malaysia and granted Malaysian citizenship under certain terms and conditions but are not classified as a group of aboriginal people. This condition leads to the question of how far the limitation of education access impacts the long-term socio-economic status towards these children. Thus, this paper analyzed the impact on the socio-economic status of children of Indonesian immigrants in Malaysia by conducting in-depth interviews with ten informants who are facing a similar situation and who were selected from states with a high concentration of Indonesian immigrants to observe their significant impacts. Additionally, an in-deep analysis of the series of development policies introduced by the Malaysian government will be conducted in the discussion. The findings show that these limitations have a significant impact on their long-term socio-economic mobility. Furthermore, an analysis of Malaysia’s development policies reveals that the ethnicity-based quota system remains a major obstacle to accessing tertiary education for this group. This paper contributes to a continuous debate on the rights of education, citizenship, and socio-economic changes among the children of Indonesian immigrants in Malaysia. More inclusive policies are needed to ensure fairer access to higher education.
Memutus Rantai Statelessness: Mengatasi Tantangan Hak Asasi Manusia yang Dihadapi Suku Pegunungan di Thailand Artesani, Mirea
Jurnal HAM Vol 16, No 1 (2025): April Edition
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2025.16.47-60

Abstract

This paper examines the issue of statelessness and its impact on the hill tribes of northern Thailand, a mix of ethnic groups populating the Thai, Myanmar, and Laos borderlands who are facing significant challenges in accessing basic human rights due to their lack of Thai citizenship. The paper explores the historical context of how the hill tribes came to be stateless, as well as the various obstacles they encounter in obtaining legal recognition as citizens of Thailand. Drawing on academic literature and Thai legislation, this paper argues that the denial of citizenship represents a fundamental violation of human rights. It also emphasizes the secondary rights violations due to various levels of discrimination and marginalization that these groups experience, such as restricted access to education, healthcare, and job possibilities. Finally, the paper considers potential policy solutions that could address the issue of statelessness among the hill tribes. These solutions include reforming citizenship laws to provide greater access to citizenship, as well as implementing programs to promote the inclusion of hill tribe communities in Thai society while also preserving their cultural heritage. Ultimately, the paper argues that addressing the issue of statelessness among the hill tribes is not only a matter of human rights, but also essential for building a more inclusive and equitable society.

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