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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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Freedom Of Speech and Human Rights: What Can Civic Education Do? Fatimatuz Zahrah; Siti Maizul Habibah
Jurnal HAM Vol 13, No 3 (2022): Edisi Desember
Publisher : Badan Penelitian dan Pengembangan Hukum dan HAM

Pancasila and Citizenship Education can be considered as a way to improve citizens’ opinions. This research is a critical literature review of 40 articles from 2017 to 2022 and focuses on research progress on freedom of expression. The formulation and findings of this study indicated that the practice of freedom of expression in Indonesia has been regulated by law, but in some aspects, it is subject to restrictions. People are often act uncontrollably and abuse their freedom of speech. The impact of the existence of freedom of expression is that people can express themselves but must remain in the corridor of respecting the rights of others and actively participate in providing constructive suggestions for the state. Thus, this study concludes that freedom of expression must be balanced with good delivery procedures, citizenship and civility in expressing opinions is a cultural challenge that must be resolved to build healthy freedom of speech. Citizens’ civility for opinion and expression is recommended as one of the crucial issues that should be discussed and developed in Pancasila and Citizenship Education and as well as for inclusive education program.

Komisi Kebenaran dan Rekonsiliasi dalam Era Nontransisional: Implementasi di Korea Selatan dan Kanada Anggarani Utami Dewi; Mustafa Fakhri
Jurnal HAM Vol 13, No 3 (2022): December Edition
Publisher : Badan Penelitian dan Pengembangan Hukum dan HAM

This article aims to explain the practice of Truth and Reconciliation Commission (TRC) in non-transitional era. The TRC in non-transitional era was formed by democratic country or to reveal the truth of gross human rights violations that occurred decades ago. This research uses comparative method that compares the practice of TRC in South Korea (Commission on Clearing up Past Incidents for Truth and Reconciliation/TRCK) and Canada (Truth and Reconciliation Commission of Canada/TRCC). The results of the study indicate that the TRCK and TRCC were formed as an effort by the state to improve previous efforts in dealing with gross human rights violations; the number of staff members had a more significant impact on the success of the TRC than the number of commissioners; the norms governing the protection, prohibition, and sanctions for commissioners and staff, testifying witnesses, the persons named in the testimony and for individual and community; TRCK and TRCC gathered facts within two years; and the reconciliation process was carried out by the commission through the rehabilitation of reputations and holding memorial services. This article recommends that the practice of TRC in South Korea and Canada can be adopted in the preparation of policies for the establishment of TRCs in Indonesia.

Improving the Quality of Public Services through Bureaucratic Reformation: Human Right Perspectives Riri Tasi
Jurnal HAM Vol 13, No 3 (2022): December Edition
Publisher : Badan Penelitian dan Pengembangan Hukum dan HAM

This article discusses Bureaucratic Reform from the Perspective of Human Rights in improving the quality of public services. Bureaucratic Reform is a process of change that is carried out in stages, systematically, and continuously. It aims to create clean governance, improving public services, capacity, and accountability of bureaucratic performance and professionalism of Human Resource Apparatus. This process can be seen as a change from the current condition to the targeted condition within the scope of Bureaucratic Reform. There are several problems faced in improving maximum public services, including 1) transactions leadership, 2) adaptive organizational structure, 3) weak policy implementation, 4) inefficient organizational structure and management, 5) unclear service systems and strategies, 6) corrupt organizational behavior; 7) lack of transparency. In order to solve problems in the government bureaucracy, it is necessary to reform its structure and work culture. If bureaucratic reform in services is successfully implemented, public service bureaucratic reformation will achieve the expected goals, including: an increase in public respect for government performance as a service provider, a decrease or even elimination of public authority abuse by officials in the agencies concerned; realization of a country that has the most-improved bureaucracy and improves the quality of each service sector to the public.

Human Rights and Persons with Disabilities: Design of Buk-Smart-Logi Learning Media (Technology Smart Books) as an Islamic Education Learning Media Innovation Mandala, Ican
Jurnal HAM Vol 13, No 3 (2022): December Edition
Publisher : Badan Strategi Kebijakan Hukum

The effectiveness of teaching and learning processes, particularly in religious education, heavily relies on the quality of learning media utilized. However, a significant challenge persists related to the absence of inclusive learning systems, thereby hindering the realization of equal access to education as a human right. This observation is drawn from the analysis of inclusive learning media in Indonesian schools. In response, educational institutions must adopt learning media that accommodate individuals with disabilities, enabling all children to study together in integrated settings. To address this gap, the Buk-Smart-Logi (Book Smart Technology) innovation has been introduced, aimed at enhancing student learning outcomes and fostering inclusivity across educational settings in Indonesia. This research employs the Research and Development (R&D) approach using the simplified Borg and Gall model. The study's objectives include assessing the validity of Buk-Smart-Logi media and examining its role in supporting inclusive learning, particularly in Islamic Religious Education. Emphasizing human-friendly design, this media innovation seeks to ensure that education remains accessible to every citizen, including those with disabilities. By enhancing accessibility and inclusivity through innovative learning media, such as Buk-Smart-Logi, the research not only promotes educational equity but also upholds the principles of human rights in education. It underscores the imperative of creating environments where all learners, regardless of ability, can actively participate and benefit from educational opportunities, thereby fostering a more inclusive and supportive educational landscape in Indonesia.

Revitalisasi Voice sebagai Hak Politik Warga Kota di Indonesia: Suatu Kajian Konseptual Wasisto Raharjo Jati
Jurnal HAM Vol 13, No 3 (2022): December Edition
Publisher : Badan Penelitian dan Pengembangan Hukum dan HAM

The idea of voice has been long existing within society. When it comes to current urban environment, it seems that voice has been declining due to firm influence of individualism. This makes the inclusive dialogue space between inter citizens group & government and society relationship faded away. Concerning on this issue, this paper would like to highlight the possibility of voice to be main drive to rebuild political rights for citizens. By using a mixed method that consists of in-depth interviews and critical literature review, this paper shows that voice recently has been institutionalised into two ways: formal through e-government and informal through community radio broadcasting. Both ways are able to deliver grass root aspiration to be policymaking issues. These finding of this research suggests the need of active citizen participation to voice their aspiration through different platforms rather than formal ways.

Transpuan di Masa Pandemi: Hak, Akses dan Eksklusi Wahyu, Muh; Bakar, Abu; Tajuddin, Muhammad Saleh
Jurnal HAM Vol 14, No 1 (2023): April Edition
Publisher : Badan Strategi Kebijakan Hukum dan HAM

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2023.14.55-68

Transwomen must contend with the fact that the state-mandated emergency status during a pandemic does not always make it easier for them to get essential services. This is especially noticeable during times of emergency when people's movement is restricted. The homo sacer idea proposed by Agamben is used in this article to define persons who are on the brink of protection for life. This circumstance is the result of a state of emergency, which is declared by the government as a justification for a crisis that has escalated into a pretext for violence and arbitrary action. The qualitative study methodology we employ explains how the state marginalized transwomen during the Covid-19 outbreak and how transwomen advocacy organizations are attempting to advance their causes. The study's overall finding is that transwomen are seen as homo sacer by the state, which has consequences for their ability to exercise their fundamental rights to healthcare and social support during the COVID-19 pandemic. We claim that the country's institutional apparatuses' unwillingness to incorporate transgender women in the Integrated Social Welfare Data (DTKS) demonstrates the existence of transgender exclusion symptoms. Transwomen must build networks with various non-governmental organizations and advocate for their own interests in order to fight for their rights. This is true for both transwomen without ID cards and those who do not receive social assistance.

Isomorfisme Institusional LPSK dalam Penegakan Hak Rehabilitasi Psikososial Korban Tindak Pidana di Indonesia Subangun, Mahari Is; Harjosoekarto, Sudarsono
Jurnal HAM Vol 14, No 1 (2023): April Edition
Publisher : Badan Strategi Kebijakan Hukum dan HAM

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2023.14.39-54

This study explains how isomorphism develops in the Indonesian Witness and Victim Protection Agency (Lembaga Perlindungan Saksi dan Korban-LPSK) and contributes to stronger coordination among institutions in administering psychological services for crime victims in Indonesia. This study employs an organizational sociology approach with an isomorphism perspective to determine the robustness of institutions' roles and relationships in providing psychosocial care to crime victims. Using the Soft Systems Methodology (SSM) in conjunction with Textual Network Analysis (TNA), this study discovered that coercive isomorphism in government organizations is the primary driving factor behind mimetic and normative isomorphism, whereas stereotyped isomorphism drives the private sector. Isomorphism emerges to give psychosocial services to victims of criminal crimes, namely as a result of reinforcement from Law Number 31 of 2014 on the Protection of Witnesses and Victims. This reinforcement prompted mimetic isomorphism in many forms of cooperation, and as a result, normatively, it is feasible to claim that LPSK has evolved into a professional institution in delivering psychological rights services to victims of criminal crimes. Furthermore, this study makes recommendations on the role of state institutions and cooperative institutions in satisfying the rights of crime victims in Indonesia, particularly psychosocial assistance.

Tren Riset Pelanggaran HAM Berat: Analisis Bibliometrik dan Agenda Riset Masa Depan Santoso, Iwan; Jeddawi, Murtir; Sahyana, Yana; Arsyad, Romli; Alma'arif, Alma'arif
Jurnal HAM Vol 14, No 1 (2023): April Edition
Publisher : Badan Strategi Kebijakan Hukum dan HAM

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2023.14.69-90

This study aims to analyze research trends related to human rights, identify countries, organizations, and authors who contribute significantly to the aforementioned research. Furthermore, this paper identifies related articles that strongly influence these scientific publications. VosViewer collects data from Scopus Database Journal and analyzes it using bibliometric analysis. As a result of the study, the United States has the highest number of publications. Furthermore, the Department of Epidemiology at the Johns Hopkins Bloomberg School of Public Health in Baltimore, Maryland, is the organization that has focused the most attention and influence on the issue of resolving gross human rights violations. Aside from that, Professor C. Beyrer of the United States is the most prolific and influential researcher on the topic of resolving gross human rights violations. Bibliometric analysis and content analysis show that the trend of resolving gross human rights violations in several countries since 2015 has been more toward resolution with non-judicial mechanisms. However, the results of the research show that several relevant articles do not provide a clear definition of gross human rights violations. Therefore, further research from other databases, such as the Web of Science, is required.

Konstruksi Sosial Transgender di Kabupaten Jember Pasca Jember Fashion Carnival: Perspektif Hak Asasi Manusia Rosyid, Muhammad Aenur; Anam, Syamsul
Jurnal HAM Vol 14, No 1 (2023): April Edition
Publisher : Badan Strategi Kebijakan Hukum dan HAM

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2023.14.91-104

The issue of discrimination and negative stigmatization of transgender people in the Jember Regency is considered an obstacle to the freedom of expression for every individual. This study aims to analyze the views of the people of the Jember Regency in regard to transgender women’s right to freedom of expression after the Jember Fashion Carnival event. This research utilizes an empirical juridical research method with sociological approach and legal approaches. The results of this study indicate that the community's social construction of the rights of transgender expression after the Jember Fashion Carnival event is demonstrated through the community's appreciation of the transgender people’s works at the event and the provision of space for their expression to develop creativity. Although the government of Jember Regency has not implemented specific policies to protect the rights of transgender people in expressing themselves and developing their potential, the government and residents of Jember have recognized the transgender community as citizens with equal rights and positions to express themselves and contribute to the progress of Jember Regency.

Konstitusionalitas Hak Kesehatan Jiwa Warga Negara: Studi Kebijakan Penanggulangan Bunuh Diri di Kabupaten Gunungkidul Wijayanto, Enggar
Jurnal HAM Vol 14, No 1 (2023): April Edition
Publisher : Badan Strategi Kebijakan Hukum dan HAM

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2023.14.1-16

The high suicide rate in Gunungkidul is quite high, causing the Regional Head to issue Regent Regulation Number 56/2018 as a policy to deal with suicide cases. This step is a concrete manifestation of dealing with and preventing massive suicides systematically. The average number, which reaches 20 to 30 cases every year, shows that suicide is no longer an individual problem, but has become a social-human tragedy. This research will discuss how the implementation of suicide prevention policies, as the role of the state in protecting the constitutional rights of citizens in the field of mental health, through an interdisciplinary approach as an integrated perspective to see the purpose of the law. This research is included in empirical research and uses a socio-legal approach. Data collection is obtained through primary data, including interviews, observations, documentation, and secondary data through the study of related literature. The results showed that in terms of effectiveness, the suicide prevention policy has not run optimally based on the comparison of suicide rates before and after the policy was enacted. Influencing factors include apparatus coordination, facilities, and social support. Besides that, the pandemic situation also has an effect. Conceptually and practically, the suicide prevention policy is an effort to uphold citizens' constitutional rights by strengthening the mental health aspects of the community by integrating formal and informal social control to achieve effective law according to its goals.

Page 16 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