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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 6 Documents
 1 
Search results for , issue "Vol 6, No 2 (2015): December Edition" : 6 Documents clear
Penerapan Hak-Hak Narapidana di Lembaga Pemasyarakatan Kelas IA Tanjung Gusta, Sumatera Utara Ditinjau dari Perspektif Hak Asasi Manusia Michael, Donny
Jurnal HAM Vol 6, No 2 (2015): December Edition
Publisher : Badan Strategi Kebijakan Hukum dan HAM

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2015.6.91-104

Abstract

Correctional Institutions has been working to provide advisory services to the Prisoners, so that the rights of Prisoners are fulfilled. The research aims to find the factors supporting and inhibiting the implementation of the rights of Prisoners at the Correctional Institution, and found the effort to implement the rights of Prisoners in accordance with a human rights perspective. The research method is descriptive with qualitative approach. The results showed a limiting factor, among others, (1) relative to the classical normative happened for a long time about the excess of prisoners, budget constraints, lack of coordination among government agencies, (2) as well as technical and administrative documents that must be held Prisoners for be able to obtain their rights, (3) the dynamics of law in the treatment of Prisoners. Supporting factors come from the Prisoners and prison officers in running coaching programs in prisons and the legal products such Circular Letter of of the Minister of Justice and Human Rights of the Republic of Indonesia specifically related to the implementation of the provisions of justice collaborator. Efforts implementation of the rights of Prisoners in terms of the perspective of human rights has been made by the Government cq. Directorate of Corrections, although admittedly there are limitations that can not be addressed effectively. Normatively it is reflected in Article 14 paragraph (1) of Law No. 12 of 1995 on Corrections. Recommendation: Review the provisions of Article 34A paragraph (1) and Article 43A paragraph (1) of Government Regulation No. 99 Year 2012 on the Second Amendment to Government Regulation No. 32 of 1999 on the Terms and Procedures for Residents Rights Patronage; Requirement justice collaborator regulated in Government Regulation contrary to the spirit of Article 14 of Law No. 12 of 1995 on Corrections. Justice collaborator can not be used as a condition to get Remission and Parole; Reviewing Article 50 paragraph (1) of the Regulation of the Minister of Law and Human Rights No. 21 of 2013 regulating the family collateral requirements for obtaining conditional rights
Perlindungan Hak Anak Korban Kekerasan Seksual di Nusa Tenggara Barat Utami, Penny Naluria
Jurnal HAM Vol 6, No 2 (2015): December Edition
Publisher : Badan Strategi Kebijakan Hukum dan HAM

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2015.6.105-118

Abstract

Sexual abuse of children are serious crimes that can occur in children, anywhere, anytime and regardless of their social background. Crime is mostly carried out by someone in the child’s social environment, such as family, relatives, family friends, teachers, religious leaders, and neighbors. The effects of sexual assault for victims of very serious because of perceived trauma will continue to carry over until they mature and can affect all aspects of their lives and threaten the lives of children as the future generation. Many of the factors that trigger the occurrence of sexual violence against children in West Nusa Tenggara, namely poverty, education is still low and cases of early marriage. The phenomenon of early marriage is causing risk of disruption to children’s education, especially for girls. This study is a qualitative research that focuses on the phenomenological paradigm that seeks to understand the meaning of the event or events that are related to the situation on the ground. This type of research is descriptive analytical approach, which wants to give a clear and detailed description as well as systematic, on all matters relating to the protection of child victims of sexual violence. Results of the study in order to become the recommendation for the central government and local government as research areas in formulating policy strategy is best for the child victims of sexual violence. There are still many cases are not reported because families consider it a disgrace and families often suggested or decided to reconcile with the perpetrator if a relative or family, so that the data presented in the case of the police or the court is only the tip of the iceberg compared to the actual events occur. Encourages all stakeholders including central and local government, police, prosecutors and judges, to have the same perception of the law on the protection of children in order to provide future better for the children of Indonesia.
Bantuan Hukum “Pro Bono Publico” sebagai Alternatif dalam Pemenuhan Hak Memperoleh Keadilan di Provinsi Jawa Timur Rahmanto, Tony Yuri
Jurnal HAM Vol 6, No 2 (2015): December Edition
Publisher : Badan Strategi Kebijakan Hukum dan HAM

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2015.6.119-130

Abstract

Law enforcement in Indonesia is more complicated and not easy. During the process under the rule of authoritarian government where the freedom to obtain equality before the law deliberately systematically restricted. Since the Law on Legal Aid was passed by the House of Representatives in 2011, a variety of hope began to appear for the sake of the establishment of a legal aid system that can be accessed by all groups of society, especially people can’t afford (poor). But along the way, there are still many weaknesses and needs significant improvement. Therefore the problem is how the implementation of the provision of free legal aid (pro bono publico) by the local government for the poor society in East Java province; and how the coordination between the Provincial Government of the East Java with Regional Office of the Ministry of Justice and Human Rights in East Java as legal aid providers in the area. This research method using descriptive qualitative approach. Then conducted a qualitative analysis of the substance and research context to the aspects of Human Rights. The practice of providing legal aid to the poor society in East Java province is still experiencing problems, such as lack of socialization related to the provision of legal aid to the poor society, inadequate number of Legal Aid organization in making the provision of legal aid, the amount of the cost of legal aid has not been sufficient in the process in the trial, as well as administrative requirements related Certificate Disadvantaged (SKTM) are abused by some unscrupulous and not according to their distribution.
Pemenuhan Hak Atas Kebutuhan Seksual Warga Binaan Pemasyarakatan Nugroho, Okky Chahyo
Jurnal HAM Vol 6, No 2 (2015): December Edition
Publisher : Badan Strategi Kebijakan Hukum dan HAM

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2015.6.131-146

Abstract

Protection of Human Rights (HAM) in a correctional environment increasingly viable echoed today, in line with international human rights normativity that constantly integrated into the national system of Indonesia. This directly impacts the progresitvitas protection of individuals, in this case prisoners, during a period of coaching in the penitentiary. Nevertheless, it still remains a matter of public discussion is related to the fulfillment of the right to sexual needs for prisoners. Of course, many things that need to be considered in the design of the mechanism of the right to sexual needs of prisoners. It is intended to determine how states apply the principle of proportionality in the context of the right to sexual needs of prisoners. Through a qualitative approach is accompanied by interviews, this study is expected to eventually be the subject of penal policy formulation to be more advanced aspects of the protection of civil rights of the individual, taking into account the security aspects and the social order of society. This study found a significant relationship between the right to sexual needs against sexual perversion and crime and divorce rates inmates. Nonetheless, found an interesting phenomenon that shows the differences between inmates paradigm sexual needs of men and women, and yet there is a setting that specifically regulates sexual fulfillment for inmates. Therefore, the fulfillment of sexual needs as rights of prisoners should be regulated by a variety of restrictions and review of institutions adhering to the values of society and does not injure the value of public justice.
Internalisasi Nilai Perdamaian pada Kurikulum Pendidikan Tinggi Yuliyanto, Yuliyanto
Jurnal HAM Vol 6, No 2 (2015): December Edition
Publisher : Badan Strategi Kebijakan Hukum dan HAM

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2015.6.147-156

Abstract

The rise of cases of violent conflict in the student cause public unrest. To minimize such conflicts need to be instilled in students the values of peace which can be obtained by students through higher education curriculum. In the context of creating it, and then in the education world need to insert three important aspect, namely cognitive, affective and psychomotor. Cognitive aspects relating to wit or intellect; aspect affective related to feelings and emotions; while the psychomotor includes the ability of skill physical in do or finish a job. The purposes of this study are: (1) to determine the formulation of development policy of peace carried out in universities (portrait of three colleges in West Kalimantan); and (2) to determine the strategies and methods that are relevant in the values of peace which have implications for the prevention of violence. This study used qualitative research methods by using in-depth interviews to collect data. The study recommends to the Directorate General of Higher Education to develop a constructive pattern in integrating curriculum in the Universities to internalize the values of Peace.
Implementasi Pendidikan Inklusif dalam Pemenuhan Hak Anak Berkebutuhan Khusus di Kalimantan Selatan Firdaus, Insan
Jurnal HAM Vol 6, No 2 (2015): December Edition
Publisher : Badan Strategi Kebijakan Hukum dan HAM

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2015.6.77-90

Abstract

Inclusive education is one of the government’s efforts to fulfill the right to education for Children with Special Needs. The essence of Inclusive Education is to provide space and opportunities for children with special needs to get education as children in general without discrimination. Era of regional autonomy, the implementation of inclusive education is the responsibility of local governments. Therefore, the local government has an important role in the success of inclusive education. Kalimantan Selatan is a province that is a pioneer in the delivery of inclusive education. This study discusses how the implementation of inclusive education in Kalimantan Selatan. This study used a qualitative approach supported by quantitative data on four indicators of the fulfillment of the right to education, namely availability, affordability, acceptability and adaptable. It can be concluded that the government of Kalimantan Selatan province strongly supports the implementation of inclusive education, but in practice there are still obstacles, among others, the availability of inclusive schools that have not been evenly distributed in each district, the availability of guidance counselor particular, means of infrastructures supporting inclusive education and understanding and awareness of local leaders and community towards inclusive education.

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