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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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Pemenuhan Hak Santri atas Kasus Pelanggaran Hak Asasi Manusia oleh Oknum Pondok Pesantren Suci Amelia Harlen
Jurnal HAM Vol 13, No 2 (2022): Edisi Agustus
Publisher : Badan Penelitian dan Pengembangan Hukum dan HAM

Sexual violence is one of the human rights violations in which women are the dominant victims. To date, most victims who have experienced violence are reluctant to submit complains because they do not know that the situation that happened to them was violence and because of the lack of support from their families. The female students who became the victims had been lured by their ideals, lied to for religious reasons, and were verbally threatened by HW. The focus of this research is to analyze what kind of human rights violations that were committed by the leaders of Islamic boarding schools against female students. The research method uses empirical juridical because it examines the situation happened what is happening in society. This study aims to provide solutions to violations against human rights that have occurred and as anticipation so that similar human rights violations do not occur. The results of the study show that sexual violence can be prevented by providing sexual understanding to children, providing complaint services, and having parental control over children. However, if sexual violence has occurred, then the state needs to help in providing access to education and access to health for victims, as well as punish the perpetrators.

Analisis Yuridis terhadap Kewajiban Pemenuhan Hak Asasi Manusia dalam Praktik Bisnis Perkebunan Kelapa Sawit Pardomuan Gultom; Rumainur Rumainur
Jurnal HAM Vol 13, No 2 (2022): Edisi Agustus
Publisher : Badan Penelitian dan Pengembangan Hukum dan HAM

Human rights are natural rights inherent in every human being. In the classical human rights paradigm, the state is considered the main actor carrying out obligations to fulfill human rights as stated in the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social, and Cultural Rights (ICESCR). However, with the emergence of factsregarding the impact of the company’s presence in a number of human rights violations, both domestic and multinational, there has been a discourse on the importance of non-state actors to be drawn as stakeholders in the human rights regime through the UNGP Principles in 2011. Agrarian conflicts as a result of the presence of oil palm plantations become a separate problem for business entities in the fulfillment of human rights, especially ESC rights, as a manifestation of the implementation of social and environmental responsibility norms. The method used in this research is normative legal research with a statute approach and a conceptual approach. This study aims to provide a juridical understanding that oil palm plantations as non-state actors also carry out obligations in fulfilling human rights.

Aksentuasi Kepentingan terbaik Anak dalam Putusan Nafkah sebagai Upaya Penjaminan Hak Asasi Anak M. Nur Syafiuddin
Jurnal HAM Vol 13, No 2 (2022): Edisi Agustus
Publisher : Badan Penelitian dan Pengembangan Hukum dan HAM

Children have an important positioning in spheres of human life, starting from the scope of family life to the state, therefore every policy must be able to guarantee the fulfillment of children’s rights. This study aims to describe the guarantee of children’s human rights through the accentuation of the best interests of children in the decision to make a living. The result of the study is useful as a basis for adaptive thinking for judges in making decisions for children’s livelihoods that prioritize the best interests of children. This study uses normative legal research with a philosophy and legislation approach, and a prescriptive analysis method. The accentuation of the best interests of the child in the judge’s decision regarding livelihoods must be able to lead to guarantee of the rights of the child’s welfare which includes three aspects, namely the presence of parents, condition (maturity and experience) and the environment in which the child lives. The advice given is to remember that living is one of the needs of children to fulfill their natural rights in order to survive and improve their quality of life, so judges should always conduct in-depth studies (ijtihad) in every examination of children’s livelihood cases.

Hak Suaka versus Kedaulatan: Studi Kasus Pencari Suaka Etnis Rohingya B. Lora Christyanti
Jurnal HAM Vol 13, No 2 (2022): August Edition
Publisher : Badan Penelitian dan Pengembangan Hukum dan HAM

The right to asylum is a fundamental right under international law. Despite its fundamental nature, there are still numerous challenges to protect this right. The main challenge is sovereignty, which is the primary basis for the state in determining the one permitted to live on its own territory. The complicacy that the Rohingya underwent in seeking asylum in other countriesis clear evidence of this problem. Rohingya isrecognized as one of the world’s most persecuted minorities, grappling with decades of systematic atrocities. This paper aims to take a closer look at the problems of the right to asylum by answering questions about the challenges Rohingya faced. The study was conducted by juridical method to investigate the right of asylum problems through the experience of the Rohingya. As a result, the Rohingyas encounter a number of challenges in seeking and enjoying their right to asylum. These include denial of access to cross borders, forced deportation, denial of access to procedures to verify refugee status, use of voluntary repatriation as a pretext for withdrawing asylum, use of legal means to expel asylum seekers, and use of non-entre’e mechanisms.

The Study on the Coronavirus Pandemic Using Human Rights and Human Security Approach Indah Pangestu Amaritasari
Jurnal HAM Vol 13, No 2 (2022): August Edition
Publisher : Badan Penelitian dan Pengembangan Hukum dan HAM

In March 2020, The World Health Organization (WHO) finally announced a coronavirus or Covid-19 disease outbreak as a pandemic. According to WHO, the status of a pandemic is determined if a new disease has not had an antidote against the spread of the virus in regions of the world. The virus attacked individuals and no doubt the impact on people is significant, which relates to the security of the people and human rights aspects. The article explores the argumentative basis of human security and further analyzes the problem, strategy and needs in the lens of human rights related to pandemic in the framework of human security. It aims to analytically describe human security approaches in relation to the COVID-19 with human rights perspective through the common pattern of threat identified worldwide and plausible strategies based on literature study. The state strategy addressed in the article exists as a set of examples of best practices and/or critics toward the policy with materials provided by journals. The article uses a qualitative approach with a systematic literature study based on human security framework with human-right analysis and results in a generic set of human security frameworks for COVID-19 with the perspective of human rights.

Three Arguments to Support International Binding Treaty on Business and Human Rights Surya Oktaviandra
Jurnal HAM Vol 13, No 2 (2022): August Edition
Publisher : Badan Penelitian dan Pengembangan Hukum dan HAM

The development of the promotion and protection of human rights, in general, has been gladdening. However, in instances where human rights are affected by business activity, efforts to uphold them meet certain obstacles. This is exacerbated when the business activity involves a complex and international dimension in it—i.e., in the case of multinational enterprises. This paper provides three arguments to support the establishment of international binding treaty on business and human rights. It examines the current Corporate Social Responsibility platform, state responsibility to protect human rights, and also the importance and benefits of legally binding treaty. This research found that the implementation of the current CSR platform fails to prevent business harm to human rights. Therefore, state responsibility is fundamental in this matter and should be enhanced by the duty to establish an international treaty. A legally binding treaty is important to protect human rights from irresponsible business activity and can be beneficial and relevant to the interest of parties involved in business and human rights.

Detensi Imigrasi Berkepanjangan yang Bertentangan dengan HAM pada Fasilitas Detensi Imigrasi di Jepang: Tinjauan Perspektif Institusional Sari Anggaini; Kurniawaty Iskandar
Jurnal HAM Vol 13, No 3 (2022): December Edition
Publisher : Badan Penelitian dan Pengembangan Hukum dan HAM

Recently, some cases of human rights violations in immigration detention centers across Japan have attracted worldwide attention. Those inhumanely considered cases necessitated the United Nations expressing an opinion through the United Nations Working Group on Arbitrary Detention. This study found that ingrained ideologies of homogeneity in Japanese society give rise to immigration policies that tend to hinder the integration of immigrants into Japanese society. This research looks at three main areas: first, how the ideology of homogeneity led to prolonged immigration detention in Japan; second, whether immigration detention in Japan violates international human rights law; and, finally, the guarantee of human rights protection for detainees in Japan. a qualitative research method using a literature review to describe how ethnic homogeneity causes prolonged immigration detention in Japan that is against international law through an institutional frame.

Ar-B (Augmented Reality and Brille) Module Innovation of Learning Media in the Fulfillment of Human Rights Field of Education for Visually Impaired Person Oviensy, Vegia
Jurnal HAM Vol 13, No 3 (2022): December Edition
Publisher : Badan Strategi Kebijakan Hukum

The development of the Ar-B (Augmented Reality and Braille) TikTok-based Learning Media Innovation in Indonesia addresses a critical human rights issue especially on ensuring equal access to education for individuals with disabilities, particularly those with visual impairments. Despite there being over 3 million visually impaired individuals in Indonesia, only a fraction of media content is accessible to them. This stark inequality violates the fundamental human rights principles of non-discrimination and equal access to education, as outlined in international agreements such as the Universal Declaration of Human Rights and the Convention on the Rights of Persons with Disabilities. During the COVID-19 pandemic, when traditional educational avenues were disrupted, 99% of students turned to social media for learning, highlighting the urgency to make digital platforms inclusive. TikTok emerged as a predominant medium, with a significant proportion of students using it extensively. The Ar-B innovation leverages technology to bridge this accessibility gap by integrating Augmented Reality and Braille, thus enabling both visually impaired and non-impaired students to access educational content effectively on TikTok. Through the Research and Development (R&D) process and rigorous validation, the Ar-B Module has demonstrated a 92% validity rate and shown to enhance student learning outcomes. By ensuring that educational tools are inclusive and accessible, this innovation not only supports the educational rights of disabled individuals but also contributes to broader human rights goals of equity and inclusivity in education. It exemplifies Indonesia's commitment to fulfilling its obligations under international human rights frameworks by promoting inclusive education through innovative technological solutions.

A Critical Analysis of the Indonesian Human Rights Action Plan 1998-2020 El Muhtaj, Majda
Jurnal HAM Vol 13, No 3 (2022): December Edition
Publisher : Badan Strategi Kebijakan Hukum

This article examines the genesis and evolution of Indonesia's National Human Rights Action Plan (NHRAP), known as Rencana Aksi Nasional Hak Asasi Manusia (Ranham), throughout the Reform era from 1998 to 2020. Ranham stands as an important national policy document designed to articulate two primary objectives: first, to delineate how the state integrates human rights principles and norms into its policies; and second, to establish benchmarks for measuring its notable achievements in this domain. Adopted and implemented by successive Indonesian governments, Ranham has been instituted through Presidential Regulations across five distinct phases over two decades of the Reform era. The foundation of Ranham can be traced back to the Vienna Declaration and Program of Action (VDPA) of 1993, a seminal international human rights framework. Currently, over 70 countries, Indonesia among them, have formulated their respective versions of Ranham. This article underscores Ranham's role as a manifestation of Indonesia's commitment to advancing the human rights agenda nationally. However, it also identifies a significant challenge: the insufficient conceptualization of human rights, which hampers the robust development and fortification of Indonesia's national human rights framework.

Urgensi Penghormatan Otonomi dan Hak Menerima Informasi Vaksinasi Covid-19 dalam Konteks Kewajiban Vaksinasi Ervin Dyah Ayu Masita Dewi
Jurnal HAM Vol 13, No 3 (2022): December Edition
Publisher : Badan Penelitian dan Pengembangan Hukum dan HAM

Currently, the Covid-19 vaccination coverage is quite high, reaching 62%. Ironically, there are many rejection and inappropriate motivation in receiving vaccines. Enthusiasm for vaccination didn’t represent the understanding regarding vaccination. Lack of understanding can be caused by limited or ineffective information. To describe the provision of information during the Covid-19 vaccination, a descriptive qualitative study was conducted with in-depth interviews with ten respondents. The data was analyzed by making coding and themes and compared with references. The results showed that four out of ten respondents didn’t receive information prior to the Covid-19 vaccination. It was also found that the motivation to receive vaccines was only as an obligation and for using public facilities. On the other hand, vaccinators had limitations in providing information and only prioritize vaccination coverage. Without adequate information, receiving vaccine would be a mere compulsion. Respect for autonomy of vaccine recipients and rights to receive information as parts of human rights didn’t work. The obligation to receive the Covid-19 vaccination in the context of a pandemic must respect the rights and autonomy of the community. Collaboration from the government and local leaders and structured coordination are needed so that the Covid-19 vaccination is accordance with ethical standards.

Page 14 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