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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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Realitas Masyarakat Papua dalam Distorsi Representasi Media: Analisis Media Baru Logan Gunadi Wirawan; Muhammad Fauzan Farendra; Yoas Lintang
Jurnal HAM Vol 13, No 3 (2022): December Edition
Publisher : Badan Penelitian dan Pengembangan Hukum dan HAM

Media portrayals towards minorities result in implications towards how society as a whole views them. This paper questions how the media representation of Papua reflects the reality of their socio-political situation and what the implications of said representations are. Based on secondary data analysis towards Indonesian media's portrayals of Papua, including but not limited to its' constituents and environment, this paper seeks to understand based on new media theories of social reality how the media portrayals of Papua have impacts towards the socio-political experience of Papuans in Indonesians, and Indonesians towards Papuans. The results obtained by the analysis indicate that media employs stereotypical and surface level portrayals of Papua in a way that dismisses the structural issues Papuans are facing. Those results show that media representation plays an integral part towards manufacturing discrimination towards Papuans, leading towards this paper’s recommendations that calls for increased pressure towards demanding that the damages caused by false media portrayals of Papua were to be rectified by responsible parties.

Protection of Human Rights Victims of Sexual Violence through Maqâsid al-Sharî’ah: A Case in Batu City Indonesia Miftahudin Azmi
Jurnal HAM Vol 13, No 3 (2022): December Edition
Publisher : Badan Penelitian dan Pengembangan Hukum dan HAM

Sexual violence can happen anywhere, and some perpetrators are usually related to the victim. A case of sexual violence occurred at Selamat Pagi Indonesia School in Batu city. The schoolmaster threatened the victim to comply with his wishes. A school environment, which should be a place to learn about science and ethics, has become a scene for sexual assault. This article aims to provide prevention and settlement alternatives for sexual violence through maqâsid al-sharî’ah methods. The data show that sexual violence at the school has occurred since 2009. This article includes empirical research using qualitative methods by describing and analyzing the data which is presented in descriptive text. The result of the research shows that the victims are incapable of fighting back due to manipulation in order to always be obedient and repay the perpetrators. The intimidation practice is in contrast to human rights and religious purposes, while the perpetrators exploit the power relation and manipulate religious narratives to commit the crime. Understanding religious purposes (maqasid alsharî’ah) provides essential tools to minimize human rights violations in the form of sexual violence. One is allowed to make prejudices and refuse to engage in an activity that may lead to sexual violence. The resistance corresponds with maqâsid al-sharî’ah which consists of safeguarding the soul, progeny, mind, religion, and wealth.

Regulation Model of Religious Rights and Freedoms for Local Religious Believers in the Majapahit Constitution Muwaffiq Jufri
Jurnal HAM Vol 13, No 3 (2022): December Edition
Publisher : Badan Penelitian dan Pengembangan Hukum dan HAM

This article unfolds that the Majapahit Kingdom of Indonesian history has accommodated religious rights and freedom for local religious believers/adherents in its constitution. The kingdom was known in history as tolerant, harmonious, and had reasonable regulations to avoid faith-based conflicts. This finding is significant amid the rising concern over respect and protection of local indigenous religious beliefs in contemporary Indonesia. This research used normative legal methods with statutory, historical, and case approaches. The results and discussions were: first, the weakness of the Indonesian constitution’s model of regulating religious rights and freedoms was that it closed access for local religious believers to adhere to and carry out their religious teachings; second, the model regulating the right to religious freedom for local religious believers needed to distinguish the status of religions in Majapahit. Local religions retain an equal position in the constitution. In addition, this constitution also guided religious believers in Majapahit as part of the regulations in the field of religious rights and freedoms. This research concluded that equalizing positions and concepts of spiritual development allows regulating religious rights and freedoms in its constitution to make Majapahit a tolerant, harmonious country that avoids faith-based conflicts.

The Regulatory Status Analysis for Updating the Public Legal Awareness on Human Rights in Indonesia Mulyono, Andreas Tedy; Pramono, Rudy
Jurnal HAM Vol 13, No 3 (2022): December Edition
Publisher : Badan Strategi Kebijakan Hukum

This study contends that quantitative empirical legal research is instrumental in enhancing comprehension of public legal awareness regarding the implementation of human rights protection in Indonesia. Utilizing Partial Least Squares-Structural Equation Modelling (PLS-SEM), the study offers a flexible framework to explore the relationship between human rights ideals and key elements of the legal system as research variables. This research constitutes a literature review emphasizing the significance of empirical quantitative methods, particularly through the development of a path model termed Regulatory Status Analysis. In the proposed model, justice, certainty, and expediency are posited as independent variables representing fundamental legal ideals, while substantive law and legal structure serve as mediating variables within the legal framework. Through empirical testing, the path model elucidates the intricate connections among these variables, focusing on their impact on public awareness and compliance with legal norms safeguarding human rights. Findings indicate that substantive law significantly enhances awareness of legal obligations, whereas the influence of legal structure is minimal, possibly due to perceived inadequacies in enforcing laws against human rights violations. These empirical insights underscore the imperative of developing a robust human rights legal framework conducive to effective implementation and enforcement. By informing national and global legal scholarship, this research aims to guide policy-makers in refining legal systems that promote public awareness, compliance, and protection of human rights.

Urgensi Tata Ruang Berbasis Mitigasi Bencana Likuifaksi: Hak Asasi Masyarakat Kabupaten Jember M. Kava Zulfikri; Eddy Mulyono; Muhammad Bahrul Ulum
Jurnal HAM Vol 13, No 3 (2022): Edisi Desember
Publisher : Badan Penelitian dan Pengembangan Hukum dan HAM

The potential for high liquefaction in Jember Regency has the potential to take its toll and losses that will interfere with aspects of life as experienced by the Central Sulawesi in 2018. Disaster mitigation efforts are needed that look at the extent to which spatial planning and development in Jember Regency pay attention to liquefaction vulnerabilities. Because the vulnerability of the region itself is a consideration of spatial planning and development. This aricle aims to discuss the extent of the importance of liquefaction mitigation-based spatial planning in Jember in terms of regulations, impacts, and their relation to the fulfillment of the human rights of the people of Jember. The method used is socio-legal. This paper confirms that the regulation of decent and safe housing from liquefaction disasters in Jember is still minimal. In addition, the RTRW and RPJMD Regional Regulations have also not made liquefaction part of the disaster in Jember. However, the urgency of this liquefaction regulation is actually not only about disaster mitigation-based spatial planning but also the fulfillment of the human rights of liquefaction victims, so the government is obliged to regulate it even if there are no specific regulations at the national or local level.

Legal Protection for Disabilities Persons with Language Limitations in Law Enforcement Barid, Vera Bararah; Indriyani, Dewi Analis; Yulianti, Yeni; Putra, Sri Gilang Muhammad Sultan Rahma; Utami, Penny Naluria
Jurnal HAM Vol 13, No 3 (2022): December Edition
Publisher : Badan Strategi Kebijakan Hukum

The Indonesian government has enacted various regulations aimed at protecting individuals with disabilities, yet significant gaps persist in their implementation. Discrimination against people with disabilities, particularly those with language impairments, remains prevalent, especially within the legal system. This study employs a sociolegal approach to examine the challenges faced by disabled individuals with language limitations in accessing legal protection. Key aspects analyzed include existing regulatory frameworks for disability protection, case studies of legal decisions involving disabilities, the handling of legal proceedings, challenges encountered by stakeholders in legal cases, and the impact of limited access to sign language and legal knowledge. The research reveals that individuals with hearing impairments often struggle to exercise their rights to assistance from sign language interpreters during legal proceedings. This deficiency is primarily attributed to a lack of awareness and understanding among various stakeholders regarding the specific needs of people with hearing impairments. Furthermore, the effectiveness of law enforcement processes for disabled individuals is hindered by regional variations in sign language, the existence of informal or non-standardized sign languages, and the limited proficiency of law enforcement personnel in communicating with and accommodating individuals with disabilities. In conclusion, the study underscores the urgent need for improved implementation of existing disability rights regulations in Indonesia, particularly within the legal context. Addressing these challenges requires enhancing awareness and training among legal professionals and stakeholders, ensuring consistent access to qualified sign language interpreters, and promoting standardized approaches to accommodating individuals with disabilities in legal proceedings. By bridging these gaps, Indonesia can move closer to fulfilling its commitment to upholding the rights and dignity of all individuals, including those with disabilities, within its legal system.

Revisiting Legal and Ethical Challenges in Fulfilling Human Right to Clean Air in Indonesia Detania Sukarja; Barran Hamzah Nasution
Jurnal HAM Vol 13, No 3 (2022): Edisi Desember
Publisher : Badan Penelitian dan Pengembangan Hukum dan HAM

Pro-investment and development government policies to achieve people’s welfare can potentially violate human right to clean air through business activities that contribute to air pollution. In Jakarta, this condition led to a public lawsuit against the central and regional governments, who were considered liable for the air pollution and harm suffered by the community. This study reviews the concept of the right to clean air as a human right and analyzes the legal and ethical challenges in fulfilling human right to clean air in Indonesia. The discussion includes the relationship between business and human rights, the concept of clean air as a human right and a review of the legal framework to enforce liability and accommodate legal remedies and the private initiatives to drive and implement more responsible choices to reduce air pollution. The method used in this study was a literature study with data analyzed qualitatively. The paper concludes that people’s right to clean air is a fundamental human right. The fulfillment of human right to clean air can be driven by state’s power to impose regulation and the implementation of ethical and responsible business activities by corporations. The government needs to strengthen regulations related to air pollution control and business legal compliance, notably strengthening applicable air quality standards in accordance with evidence-based, internationally recognized standards to protect public health. Similarly, corporations should act as “moral agents” who apply ethical behaviors in their business activities to minimize air pollution.

SIPKUMHAM and The Rise of Digitalization in the Ministry of Law and Human Rights Nur Rahmawati Waji
Jurnal HAM Vol 13, No 3 (2022): Edisi Desember
Publisher : Badan Penelitian dan Pengembangan Hukum dan HAM

The use of digital has accelerated after Covid-19 Pandemic which now has turned to the third year. The implementation of digital development is the emergence of digital system in government administrations which is known as Electronic Government. The situation encourages the use of digital government, or more specifically the use of digital system in government administration system or known as E-Government. Digitalization occurs in many areas including in law and human rights. However, the impact of digital acceleration on working procedures at the Ministry of Law and Human Rights becomes the main focus, currently. This article aims to unfold the process of digital acceleration procedures at the Ministry of Law and Human Rights, handling law and human rights affairs. In particular this article will discuss the SIPKUMHAM application. In fact, the attachment of digitalization, has been stated by Law and Human Rights Research and Development Agency within the SIPKUMHAM which contains databases regarding to the issues and its control. This study uses empirical juridical research of qualitative approach. We found that databases are needed to make evidence-based policy. The SIPKUMHAM application becomes a research information system that is able to provide factual data in terms of policy recommendations and tangible forms of performance to the Republic of Indonesia.

Pemenuhan Hak Warga Negara Eks Timor Timur untuk Mendapatkan Kehidupan yang Layak Irfan Fachrudin
Jurnal HAM Vol 13, No 3 (2022): Edisi Desember
Publisher : Badan Penelitian dan Pengembangan Hukum dan HAM

East Timor is one of the provinces in Indonesia which separated itself as a result of the referendum in 1999 and became a country named Republik Deokratik Timor Leste (RDTL). As a result of the referendum, residents who wished to remain Indonesian citizens had to leave and then flee to the nearest area, one of which was in the Belu district, East Nusa Tenggara which is directly adjacent to East Timor. This research finds data that there are unfulfilled rights of citizens and solutions so that their rights can be fulfilled. The purpose of the research is to find out what rights have been received and aims to provide solutions so that their rights can be fulfilled. Collecting data by interviewing sources and then analyzing it. There are rights of ex-East Timorese that not been fulfilled, namely the right to have a proper place to live, the right to get a job, the right for children. The government must pay more attention to the conditions of the residents so that their rights are fulfilled. These problems can be handled by providing training and opening up job opportunities so that they can be independent and no longer live in refugee camps.

Pornography in Universalism Perspective: A Freedom Expression? Eka N.A.M. Sihombing; Cynthia Hadita
Jurnal HAM Vol 13, No 3 (2022): Edisi Desember
Publisher : Badan Penelitian dan Pengembangan Hukum dan HAM

The issue of the right to freedom of expression and pornography needs to be studied from a human rights perspective in terms of universalism and particularism. Pornography has the potential to have different standards depending on the time and place of a person’s use of clothing and the extent to which the law restricts pornographic behavior. This study aims to unravel pornography and freedom of expression in the digital space from the Perspective of Human Rights Particularism. The research method used is normative legal research. The results reveal that freedom of expression in Indonesia is intertwined with the dimension of human rights particularism, especially Pancasila so all forms of protests that contain pornography disseminated through the digital space are contrast to the value of Indonesian human rights particularism.

Page 15 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