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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
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Search results for , issue "Vol 16, No 2 (2025): August Edition" : 5 Documents clear
Kebijakan Kesejahteraan Sosial bagi Migran yang Menikah dan Keluarganya di Republik Korea Son, Giwoong
Jurnal HAM Vol 16, No 2 (2025): August Edition
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2025.16.95-110

Abstract

To ensure the safe settlement of marriage migrants and their families within the Republic of Korea's distinct multicultural context, it is essential to adopt both a rights-based and universal welfare approach to foster genuine inclusion. However, the current social welfare policy for marriage migrants and their families presents a social investment and labelling approach, revealing its difficulties and paradoxical impact toward their full inclusion. This study examines the social welfare policy for marriage migrants and their families, to identify and analyze the functional gaps and unintended consequences in existing welfare policies and advocate for a shift away from a labelling approach toward more inclusive and rights-based policies that support stable settlement. Through an extensive desk review of relevant research, legislation, government surveys, and policy audit reports concerning Korea’s Multicultural Family Policy, this study presents recommendations for policy revision in response to the challenges embedded within the current framework. Rather than focusing solely on the expansion of services, the findings underscore the importance of enhancing service quality and implementation processes while addressing structural forms of discrimination. The study further advocates for a rights-based approach to welfare provision, moving away from selective, group-specific targeting and discretionary or charitable measures.
Menciptakan Musuh Imajiner: Penolakan Pengungsi Rohingya di Aceh Karim, Zahlul Pasha; Zakia, Rahmah
Jurnal HAM Vol 16, No 2 (2025): August Edition
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2025.16.77-94

Abstract

The rejection of Rohingya refugees in Aceh at the end of 2023 led to various negative narratives that shaped an unfavorable image of this group in the eyes of the local community. This research argues that such rejection occurred because of the portrayal of Rohingya Refugees as a threat to society. There are two questions addressed: (1) how did social media contribute to the construction of an imaginary enemy against Rohingya refugees in Aceh?; and (2) what factors drove the shift in the attitude of the Acehnese people from solidarity to rejection? This research is conducted descriptively from various sources of literature, social media content, and news in the mass media. It also borrows the netnography method developed by Kozinets to examine the culture and communities that emerge in computer-mediated communication (social media). The findings reveal that rejection of Rohingya refugees occurs in three forms: negative sentiment expressed on social media platforms, media reports of criminal acts committed by refugees, and the perception that the Rohingya refugees were morally problematic. This phenomenon is underpinned by the ineffectiveness of state mechanisms to protect the socio-economic interests of local residents and the absence of a clear national government policy on Rohingya refugees. Consequently, rejection of refugees has led to dehumanization and created an imaginary enemy for local residents to justify their rejection of refugees. Refugees are no longer perceived as human beings, but rather as threats, burdens, or even as savages who lack of human values. Applying the concept of imaginary enemy, this study shows that the community actions justified through the perception of refugees as an exaggerated threat which gradually escalated into fear.
Legitimasi Pencabutan Kewarganegaraan dalam Hukum Hak Asasi Manusia Internasional: Studi Kasus di Nikaragua Simanjuntak, Calvin Paulus Marcelito; Christianti, Diajeng Wulan
Jurnal HAM Vol 16, No 2 (2025): August Edition
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2025.16.111-134

Abstract

The right to nationality is a fundamental prerequisite for accessing other human rights, yet its arbitrary deprivation remains a critical concern under international law. This study examines Nicaragua’s Laws No. 1055 and 1145, which authorize the revocation of citizenship based on an expanded and ambiguous definition of "treason," encompassing peaceful political acts such as supporting international sanctions. This case demonstrates how nationality, often described as the "right to have rights," is weaponized for political purposes, revealing how the misuse of citizenship laws threatens the integrity of international human rights protections against statelessness. Specifically, the study investigates whether this definition justifies nationality deprivation under the standards of the 1961 Statelessness Convention and whether such measures violate the right to freedom of expression, as protected by Article 19 of the ICCPR. Utilizing a normative juridical approach, the research analyzes international legal instruments alongside Nicaraguan domestic law and incorporates secondary data from organizations such as UNHCR. The findings reveal that Nicaragua’s practices fail to satisfy the criteria of legality, necessity, and proportionality under international human rights law and instead constitute a form of political repression. Such measures not only undermine the purpose of the 1961 Statelessness Convention but also exemplify how nationality laws can be distorted to silence dissent. Therefore, this study underscores the urgent need for stronger international safeguards against arbitrary deprivation of nationality.
Pemidanaan terhadap Perbedaan Pemahaman: Analisis Hak Asasi Manusia atas Perkara Penodaan Agama di Indonesia Rizal, Moch. Choirul; Aji, Michelle Salma Khotom; Firmansyah, Muhamad Atji; Purwanti, Unsa Elen
Jurnal HAM Vol 16, No 2 (2025): August Edition
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2025.16.135-150

Abstract

The right to have different interpretations of mainstream religious teachings in Indonesia can lead to criminal penalties. In practice, judges often rely on expert testimony to gain confidence that “those who are different” have committed the crime of blasphemy. The research method employed in this article is the Human Rights (HAM) research method, which emphasizes the study of court decisions related to criminal acts of blasphemy in Indonesia, particularly regarding the spread of beliefs that differ from the mainstream as blasphemy. The court decisions are analyzed using a human rights approach, especially the right to freedom of religion or belief (FoRB). As a result, 3 (three) of the 11 (eleven) court decisions reviewed still ignore the principle of impartiality in testing differences in interpretations of mainstream religious teachings. Judges do not open up space for dialogue to explore expert testimony from the defendant's perspective. This criminal justice practice, in turn, will undermine FoRB as a meaningful concept. In the future, differences in interpretation of mainstream religious teachings will not be a matter of criminalization, but rather of dialogue. Even if criminalization is necessary, what is prohibited is the crime of broadcasting religious hatred, the judicial process for which is carried out independently and impartially.
Meninjau Ulang “Sepakat”: Menelaah Kelayakan Konsep Sepakat dalam Perjanjian Platform Digital berdasarkan Kitab Undang-Undang Hukum Perdata Indonesia Hayati, Adis Nur
Jurnal HAM Vol 16, No 2 (2025): August Edition
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2025.16.151-164

Abstract

Consent is often considered a concrete representation of an individual’s will to freely choose independently. It is associated with the concept of individual autonomy, which is underpinned by the right to make one’s own choices and freedom from coercion. However, in practice, consent within standard agreements on digital platforms often fails to reflect a truly voluntary and informed consumer agreement. Consumers’ provision of consent on digital platforms frequently occurs without adequate understanding, genuine choice, or real bargaining power due to manipulation and undue influence exerted through dark patterns employed by platform operators. Therefore, this paper aims to analyze the adequacy of the concept of consent in the Indonesian Civil Code when applied to digital platform transactions. It employs a doctrinal legal research method to analyze the relevant provisions and their practical implications in the digital context. This paper argues that the current concept of consent in the Indonesian Civil Code is no longer adequate for application in digital platform environments. In particular, the act of providing consent through mechanisms such as an "I agree" checkbox and other similar formats may not genuinely reflect the consumer’s informed and voluntary consent.

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