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Jurnal HAM

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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 251 Documents

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Tindakan Membuka Identitas Pasien Terkonfirmasi Covid-19 oleh Rumah Sakit Berdasarkan Hak Asasi Manusia dan Hukum Pidana Hwian Christianto; Ervin Dyah Ayu Masita Dewi
Jurnal HAM Vol 13, No 1 (2022): Edisi April
Publisher : Badan Penelitian dan Pengembangan Hukum dan HAM

Hospitals face dilemma concerning covid 19 patient identity. On one side, they are imposed by an obligation to secure the confidentiality of patients with covid 19, but on the other side, they must inform the patient's identity to government. The act of revealing identity of patient with covid 19 taken by the hospital raises debate from human rights perspective and whether it violates the law or not. The normative Juridical method was used to solve this problem through approaches of prevailing law and concepts on human rights in medical ethics and unlawful act. The result showed that revealing a patient's identity with covid 19 based on nonmaleficence principle in bonum commune context can be lawful and fulfill human rights on behalf of covid 19 management. Moreover, based on the penal code, revealing the identity of a patient with covid 19 taken by a hospital is lawful in an emergency setting (noodtoestand).

Regulasi Regenerasi Petani dalam Konteks Ketahanan Pangan: Sebuah Upaya dan Jaminan Perlindungan Hak Atas Pangan Moch. Marsa Taufiqurrohman; Dilla Restu Jayanti
Jurnal HAM Vol 13, No 1 (2022): Edisi April
Publisher : Badan Penelitian dan Pengembangan Hukum dan HAM

There is so much recognition that the availability of land, technology, seeds and weather only determines food security. However, evidence suggests that farmer availability has an important role in overcoming food security challenges. Indirectly, guaranteeing the availability of farmers is an important indicator to ensure the right to food. This article aims to discuss how farmer availability and regeneration are related to food security. This article also wants to reflect on how the availability of adequate policies on agricultural sustainability has an important meaning in guaranteeing the right to food. By using normative legal research and Reform Oriented Research, this article will answer several problems. First, how is the relation between farmer regeneration and food security? Second, what is the state’s responsibility to guarantee the right to food? Third, how is the formula of farmer regeneration policies to maintain food security? This article clarifies that farmer availability has a significant influence on food production. This article also finds that the state has an important role in developing agricultural regulations to guarantee food security. At its peak, this article proposes targeted policy support to enable the availability of regulations on farmer regeneration to address food security challenges.

Tanggung Jawab Negara dalam Pemenuhan Hak Atas Kesehatan Jiwa dihubungkan dengan Hak Asasi Manusia Lefri Mikhael
Jurnal HAM Vol 13, No 1 (2022): April Edition
Publisher : Badan Penelitian dan Pengembangan Hukum dan HAM

The frightening global situation due to the COVID-19 pandemic has caused various problems related to health conditions, including mental health crisis. The fulfillment of mental health as part of human rights is a logical consequence of the ratification of the International Convention on Economic, Social, and Cultural Rights by Indonesia. The State as the duty bearer is obliged to fulfill, protect and respect every existing human right, including the right to health. This research aims to examine the relation between the regulation of the human right to health and the right to mental health and the State’s responsibility through the implementation of the fulfillment of mental health rights. The method used is doctrinal legal research. The result of the analysis found that the mental health right is an integrated part of the right to health with the main responsibility for fulfilling it is the State’s obligation according to the current constitution. There are several forms of substantial efforts by the State to fulfill it. Those implementation forms require efforts to increase and equalize facilities by the State to fulfill mental health right maximally.

Transplantasi Pengaturan Larangan Praktik Female Genital Mutilation melalui Studi Perbandingan Indonesia dengan Mesir Yulita Dwi Pratiwi
Jurnal HAM Vol 13, No 1 (2022): April Edition
Publisher : Badan Penelitian dan Pengembangan Hukum dan HAM

Efforts to eliminate and prevent the practice of P2GP/FGM which are considered human rights violations against women are carried out by banning P2GP/FGM in several countries, one of which is Egypt. Meanwhile, there is no regulation or policy to stop P2GP/FGM in Indonesia. Seeing the decline in the prevalence of FGM practices in Egypt, the authors are interested in analyzing the transplantation of P2GP/FGM prohibition settings through a comparative study of Indonesian and Egyptian laws. This research is normative legal research with a conceptual approach and comparative law. Comparative law studies are conducted to get an overview of solutions to the same problems in other countries. The practice of P2GP/FGM in both Indonesia and Egypt is based on ancient traditions and not for medical or religious purposes. The striking difference between the two countries in eliminating FGM practices is the commitment to regulate FGM in legal instruments in their countries. Therefore, in dealing with problems with the same root cause, Indonesia can refer to the same solution, namely by formulating legal instruments regarding P2GP/FGM as a criminal act by carrying out legal transplants adapted to the ideals of the Indonesian legal state.

The Dilemma of Hospitality: Revisiting Indonesia’s Policy on Handling Refugees Under International Law Putri, Ganesh Cintika
Jurnal HAM Vol 13, No 1 (2022): April Edition
Publisher : Badan Strategi Kebijakan Hukum dan HAM

Presidential Regulation No. 125 of 2016 is the first regulation that provides a normative framework to manage refugees and asylum seekers in Indonesia. However, many scholars believe that this regulation is simply an institutionalization of several existing informal practices, and it does not introduce any substantive changes to ensure refugee protection. This paper analyzes the content of the Presidential Regulation, including its background, structure, wording, and its aims. In addition, this study identifies the limits of the regulation in fulfilling, protecting, and respecting human rights based on the international human rights instruments. This article contends that the Presidential Regulation portrays what I call dilemma of hospitality. It reflects on the one hand, the regulation welcomes the refugees by providing mandates to the authorities to rescue those stranded at sea and to provide accommodation during their stay. On the other hand, the regulation implies a kind of distrust to the refugees—treating them as a threat, limiting their movement, and forbidding them from work. The dilemma by and large affects the effective fulfillment of the rights of the refugees. This study offers some policy recommendations.

Peran Mahkamah Konstitusi Federal Jerman dalam Perlindungan Hak Fundamental Warga Negara berdasarkan Kewenangan Pengaduan Konstitusional Lailam, Tanto
Jurnal HAM Vol 13, No 1 (2022): April Edition
Publisher : Badan Strategi Kebijakan Hukum

The research focuses on the role of the constitutional complaint authority of the German Constitutional Court (Bundesverfassungsgericht/ BVerfG). The research question is how do BVerfG’s system and role protect citizens’ fundamental rights? The research aims to know the system (urgency, regulations) and the role/ performance of BVerfG in carrying out its authority. This research is normative legal research with regulation and case approach. The results show that BVerfG has received 240,251 (98%) cases from 1951 - 2020 (6,000 cases per year), with a successful application rate of approximately 2% of the total decisions. This paper discusses three cases regarding the decision-related global supervision, the prohibition of wearing the hijab in a legal traineeship, and the case of the European Central Bank/ECB’s asset purchase program. BVerfG shows that there is the best role in protecting the fundamental rights of citizens from court decisions that violate fundamental rights. The best practices of the BVerfG are recognition and reference in arranging the Constitutional Court in other countries from the Continental European and Anglo-Saxon legal systems. For Indonesia, it becomes a reference in adding the constitutional complaint authority to the Indonesian Constitutional Court in the future.

Peran Kolaboratif Organisasi Masyarakat Sipil mengintegrasikan Nilai-Nilai Hak Asasi Manusia dalam Tata Kelola Bisnis Perkebunan Sawit di Sumatera Utara Majda El Muhtaj; Fazli Rachman
Jurnal HAM Vol 13, No 2 (2022): August Edition
Publisher : Badan Penelitian dan Pengembangan Hukum dan HAM

This study aims to explore the collaborative effort by the Civil Society Organization (CSO) and its significance to encourage corporations in terms of compliance and implementation of the United Nations Guiding Principles on Business and Human Rights (UNGP), particularly in palm oil plantations in North Sumatra. Integration of human rights values into conducting business activities is mandated by UNGP. Indeed, each of the principal actors of UNGP has a governance system to govern their powers and influences and a so-called polycentric governance system. Therefore, a collaboration strategy for strengthening synergy to implement UNGP is needed. This research is conducted by qualitative analysis method with an exploratory design study by collecting data through interviews and various secondary references related to UNGP and its commentaries and reports on this relevant study. The result indicates that PKPA’s programs enhance the capacity building of the primary stakeholder including people who are potentially affected by the company’s activities. This is the strategic partnership to incorporate UNGP into palm oil plantation business activities. This research recommends that the PKPA’s programs, especially REBOUND can be able to be developed by creating new participative modelsto strengthen the implementation of UNGP, mainly human rights due diligence mechanism and access to effective remedies affected by corporations.

Dilema Hak Atas Pekerjaan dalam Kebijakan Pasar Tenaga Kerja Fleksibel Syahwal Syahwal
Jurnal HAM Vol 13, No 2 (2022): August Edition
Publisher : Badan Penelitian dan Pengembangan Hukum dan HAM

The right to work demands the role of the State in its fulfillment but the development of a flexible labor market poses a dilemma for the state in fulfilling the right to work. This study was conducted by using a normative type of research that examines the right to work in a flexible labor market using a statutory approach. In Indonesia, the flexible labor market is embodied in the Job Creation Act, which describes the state’s dilemmatic position in carrying out its duties for the right to work. Against this dilemmatic position, the state prioritizes job creation over the feasibility of the jobs created. Based on this research, the author outlines the importance of a holistic approach in viewing human rights in the legislation process. So that the availability of work and the feasibility of work are not placed separately. This is because indecent work places the degree of human beings, who are trying to be protected by human rights, in a vulnerable position.

Upaya Perlindungan Anak terhadap Perkara Hadhanah Anton Afrizal Candra
Jurnal HAM Vol 13, No 2 (2022): August Edition
Publisher : Badan Penelitian dan Pengembangan Hukum dan HAM

The hadhanah often lead to problems regarding law enforcement and the protection of children. The hadhanah case after being decided by the judge turned out to have no executive power when hadhin or hadhinah who had the obligationand responsibility to fulfill hadhanah financing could not implement it. This study aims to determine the efforts that can be made to protect children, especially against hadhanah problems from the perspective of Law Number 35 of 2014. The nature of this research is descriptive and the type of research is normative juridical, with a statutory approach and conceptual approach. Data collection was done by conducting literacy studies, and analyzing qualitatively. The results of the study found a form of legal protection for children as the executorial power against hadhanah case decision based on Law Number 35 of 2014.

Penanganan Hak Atas Perumahan yang Layak terkait Backlog Di Masa Pandemi COVID 19: Studi Kasus di Kota Samarinda Rina Elsa Rizkiana; Michael Gerry
Jurnal HAM Vol 13, No 2 (2022): Edisi Agustus
Publisher : Badan Penelitian dan Pengembangan Hukum dan HAM

Backlog issues were the main problems during the pandemic. Samarinda City Government istrying to overcome this by presenting affordable housing with the concept of the welfare state (wohlfahrtsstaat). However, this has not been realized, especially for the homeless and People with Social Welfare Problems (PMKS). This study aims to analyze the Samarinda City Government’s effort to overcome the backlog issue to fulfill the right to decent housing for PMKS. This research used a juridical normative method by statute and a case study approach with legal sociological. The results show the housing rights fulfillment in Samarinda City has not been fulfilled as a crucial issue to mitigate the spread of Covid-19. The policy implications are still in conflict with constraints such as land availability and are not yet equity-oriented. It is necessary to synchronize policy arrangements with the fulfillment of rights through human rights conventions which are ratified by the Samarinda City Government on availability, affordability, and sustainability aspects.

Page 13 of 26 | Total Record : 251

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Contact Name
Bidang Fasilitasi Publikasi Hukum dan HAM

Contact Email
balitbangkumham@gmail.com

Phone
-

Journal Mail Official
balitbangkumham@gmail.com

Editorial Address
-

Location
Kota adm. jakarta selatan,

Dki jakarta

INDONESIA