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Bidang Fasilitasi Publikasi Hukum dan HAM
Contact Email
balitbangkumham@gmail.com
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Journal Mail Official
balitbangkumham@gmail.com
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Kota adm. jakarta selatan,
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INDONESIA
Jurnal HAM
ISSN : 16938704     EISSN : 25798553     DOI : -
Core Subject : Social,
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 6 Documents
Search results for , issue "Vol 6, No 1 (2015): July Edition" : 6 Documents clear
Proses Pemilihan Kepala Daerah Secara Langsung yang Berdampak pada Perilaku Masyarakat dalam Rangka Pemenuhan Hak Berpolitik Warga Negara di Provinsi Sumatera Utara Rahmanto, Tony Yuri
Jurnal HAM Vol 6, No 1 (2015): July Edition
Publisher : Badan Strategi Kebijakan Hukum dan HAM

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2015.6.27-38

Abstract

Direct local elections is an illustration form of the democratic process that is realized by the government’s seriousness implemented at all levels of government. Implementation of the local elections have a purpose to carry out the implementation of a democratic system at the local level which is an extension of the central government, furthermore also a moment for the community to voicing their political rights as citizens. In practice, direct election conducted in some areas not yet in spite of the existence of violations to cause conflict between the members. The problem is how to practice the local elections directly in the province of North Sumatra; How is the behavior of the people of North Sumatra to direct the election process have been implemented. Methods This study used a qualitative approach which is descriptive study. Then conducted a qualitative analysis of the substance, the context, and the relationship between the perpetrators of the campaign with an audience from the aspect of human rights. Based on field data, direct election practices still use transactional practice, discrimination against particular groups, the lack of availability of facilities for the group of disabled tools, election fraud, organizers are still in favor of one candidate, the high cost elections, prone to horizontal conflict as a result of people’s behavior, and the function of political education are not optimal.
Pelaksanaan Pemilu yang Aksesibel dan Non-Diskriminasi sebagai Upaya Pemenuhan Hak-Hak Politik Penyandang Disabilitas Abdillah, Junaidi
Jurnal HAM Vol 6, No 1 (2015): July Edition
Publisher : Badan Strategi Kebijakan Hukum dan HAM

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2015.6.39-49

Abstract

Every citizen shall be involved in making policy and the state must protect these rights. Persons with disabilities as part of the citizens who are vulnerable to discrimination requires more protection and special treatment to be able to participate fully in the implementation of the general election on the basis of equal rights and opportunities with other citizens. This study will analyze how efforts to fulfill the rights of persons with disabilities Indonesian politics through elections that are not only implemented in direct , public , free, confidential , honest and fair, but must be accessible and non-discrimination for persons with disabilities. The method used in this research is using a qualitative approach, the technique of primary and secondary data collection, as well as conducting an inventory of the legislation with normative and empirical methods. Based on field data about the elections in Indonesia in 2004 until the 2014 elections a form of respect, protection and fulfillment of the political rights of persons with disabilities through elections accessible and non-diskrimanasi gradually have increased significantly although there are still barriers that limit and eliminating the political rights of persons with disabilities.
Keadilan Bagi Anak Berhadapan dengan Hukum Menurut Undang-Undang Nomor 11 Tahun 2012 tentang Sistem Peradilan Pidana Anak Firdaus, Insan
Jurnal HAM Vol 6, No 1 (2015): July Edition
Publisher : Badan Strategi Kebijakan Hukum dan HAM

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2015.6.53-63

Abstract

The enactment of Law Number 11 of 2012 on juvenile criminal justice system on July 30, 2014, became beginning of a paradigm change in procedure and law enforcement officers in the handling of Children in Conflict with the Law. These changes put forward the completion of criminal cases involving child offenders, victims, family perpetrator / victim, and others to work together to find a fair settlement with emphasis on restoring victims and not merely retaliation. This study uses normative juridical approach by analyzing library materials that are used as the main ingredient, which include the primary legal materials, secondary, and tertiary associated with the process of dealing with juvenile justice law. Based on that through this paper the authors wanted to know how the position of juvenile criminal justice system in Indonesia and how the forms of justice for children in conflict with the law under the laws of the juvenile criminal justice system, and the role of law enforcement agencies in implementing the law. It can be concluded that the juvenile criminal justice system is part of the general judicial system that guide the implementation of the mechanism of justice for Children in Conflict with the Law. Justice for Children in Conflict with the Law Statutory juvenile criminal justice system not only not solely intended for the offender, but also to the victim with regard to the interests of the child. Therefore, the role of law enforcement officers directed the completion of criminal cases focus on supporting children through diversion to achieve restorative justice.
Hak Perlindungan Sosial bagi Buruh Migran Informal: Sebuah Perbandingan di Beberapa Negara Hardjaloka, Loura
Jurnal HAM Vol 6, No 1 (2015): July Edition
Publisher : Badan Strategi Kebijakan Hukum dan HAM

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2015.6.65-75

Abstract

In order to protect informal migrant workers (“BMI”), both sending and receiving countries should provide social protection such as training, mentoring, social security and others as part of the BMI’s rights. The obligation to provide social protection for BMI is stipulated in instruments and standards in the international level such as the United Nations Declaration on Human Rights and ILO Convention No. 102 of 1952; and in the ASEAN level. Based on a normative juridical research on the social protection system for BMI in Indonesia and other ASEAN countries, it is found that social protection does not provide maximized yet by not providing social security to the BMI, which is useful to provide compensation and to protect their financial well being. Recent alternative, the government of ASEAN countries requires employers to insure that the employment BMI and BMI can participate voluntarily in the insurance schemes, which are available in the country. Nonetheless, in order to meet human rights of BMI in obtaining social security thus the Indonesian government which is currently revising Law No. 39 Year 2004 concerning the Placement and Protection of Indonesian Workers expected to provide social security scheme for BMI and the implementation of social security can be integrate with the ASEAN countries and other destination countries so BMI can obtain social security benefits wherever they are.
Pemenuhan Hak Perempuan dan Anak Korban Tindak Pidana Perdagangan Orang Terhadap Pemulangan dan Reintegrasi Sosial di Provinsi Kalimantan Barat Utami, Penny Naluria
Jurnal HAM Vol 6, No 1 (2015): July Edition
Publisher : Badan Strategi Kebijakan Hukum dan HAM

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2015.6.1-10

Abstract

Crime of Trafficking in Persons (TPPO), especially women and children is an act that is contrary to human dignity and a violation of human rights. The victim in this case was treated as merchandise that is bought, sold, transported and resold and deprived of their fundamental rights at risk even in death. Aims to determine the policies of local governments in the safe return of service in accordance with the needs of victims of crime of trafficking in women and children and the monitoring mechanism for victims who have been repatriated back so as not to become a victim. Necessary data consist of primary data and secondary data and the approach used is qualitative research and observation of participation that will be more talk is an informant, the researcher merely listened. Social Service is the agency responsible for handling the process of repatriation and social reintegration. Exit repatriation costs borne by the Ministry of Social region, while repatriation in the province use budget funds Provincial Social Service, in addition to the IOM also assists in the process of repatriation if there is demand. West Kalimantan Regional Police sometimes do return if the victim is domiciled in the province of West Kalimantan. Social reintegration has not run at all so monitoring of the victims who received services what is already independent and empowered. Processes are carried out only to the extent repatriation and social reahabilitasi. To do social reintegration handed over to the local government where the victims originate, which should be done jointly by the government and the government of West Kalimantan region of origin of victims to know the progress of the victim to have his life back either.
Partisipasi Masyarakat Nelayan di Sumatera Utara dalam Pembuatan Kebijakan Ditinjau dari Perspektif Hak Atas Pembangunan Fajriando, Hakki
Jurnal HAM Vol 6, No 1 (2015): July Edition
Publisher : Badan Strategi Kebijakan Hukum dan HAM

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2015.6.11-25

Abstract

Over the past few years, fisherman communities become the focus of various government pro-poor policies. However, reality shows those programmes have failed to increase the degree of life of fishermen in Indonesia and reduce poverty among fisherman. One of the issues was the lack of compatibility of those programs with fisherman’s needs, due to the lack of their participation in policy-making process. The right to development outlined that the preparation and implementation of development programs should prioritize public participation and the active role of the community, from the planning, all the way to the implementation, monitoring and evaluation of those programs. This article seeks to analyze the involvement of fishing communities in North Sumatra in the planning and budgeting process of those government programs. As a qualitative research, data collection is done through Focus Group Discussion and in-depth interviews that were supported by literatery study. The results showed that the participation of fishing communities in North Sumatra in policy-making is relatively minimal. Likewise, planning and budgeting some fisheries program aimed at fishermen does not directly accomodate their participation. Recommendations given are that the involvement of groups of poor fishermen can be instituted, as a formal mechanism for fisherman to channel their aspirations directly to enable it to be accommodated by the government.

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