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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 251 Documents
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Reduksi Hak Partisipasi publik Pada Aturan Analisis Mengenai Dampak Lingkungan untuk Perizinan Berusaha di Indonesia: Perspektif Green Constitution Supriyadi, Aditya Prastian
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.2023.14.17-40

Abstract

The green constitution concept in the Indonesian Constitution is the legal fundamental basis for environmental protection in implementing the national economy through public participation. The rationale for "public participation" as part of the rights of the International Covenant on Civil and Political Rights needs to be examined in Government Regulation instead of Law No. 2 of 2023 concerning Job Creation, passed into a legal act. This writing aims to analyze the components of public participation rights that the job creation act can potentially reduce, especially the provisions on the Environmental Impact Assessment (EIA) in enforcing the green constitution. This research is conducted based on normative legal research methods with statutory and conceptual approaches. The results of this research show that the rules for involving the community in preparing the EIA in the Job Creation Act differ from the green constitution principles in 2 (two) aspects. First, the limitation on community involvement in the Job Creation Act is potentially unconstitutional with the essence of the green constitution and the 1945 Constitution, which guarantees the right of public participation in the environmental field. Second, in the green constitution, the urgency of aspirations for public participation can become a consideration for making more transparent decisions in implementing an economy based on sustainable development. Restrictions on community involvement reduce the concept of a green constitution and potentially reduce the transparency in the granting of business permits in Indonesia which cannot mitigate the risk of environmental losses due to economic exploitation.
Makna Menjadi Aktivis Gerakan Hak-Hak Disabilitas Di Bali: Studi Fenomenologis Tentang Pengalaman Aktivis Gerakan Sosial Wiranata, I Made Anom
Jurnal HAM Vol 14, No 2 (2023): August Edition
Publisher : Badan Strategi Kebijakan Hukum dan HAM

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2023.14.123-136

Abstract

The disability rights movement is exercised by movement actors who are able to transform their experiences of suffering into power to bring about changes toward the fulfillment of the rights of persons with disabilities. This research discusses the relationship between the reconstruction of past experiences of grievances due to stigma and discrimination, collective identity, and the capacity to be involved in the disability rights movement. By taking a location in Bali, this research uses a qualitative-phenomenology methodology to reveal the meaning of the experiences of the subjects who are disability rights movement activists, in the process of involving themselves in social movements. This article finds that the social movement actors are able to reconstruct their suffering into the capacity to make changes. Their personal identity meets their collective identity as actors in the disability rights movement through interaction with the community which provides space for the emergence of new awareness about rights and advocacy strategies.  The UNCRPD ratification, socialized by civil society organizations, opened up opportunities for strengthening interactions and networks between disability rights activists at the national and local levels. This network has strengthened the confidence of activists in Bali to take collective action. The ratification of the UNCRPD is also a momentum for mobilizing movement resources to change the old frame of charity towards a new frame of the fulfilment of rights. Changing the framework was carried out by advocating Regional Regulations in Bali which are in line with the spirit of the UNCRPD. Besides that, activists through their daily activities, show the public that persons with disabilities can be independent and actualize their potential if they get the chance.
Persetujuan Dinamis sebagai Sarana Optimalisasi Pelindungan Data Pribadi dan Hak atas Privasi Indriani, Masitoh; Putri, Annida Aqiila
Jurnal HAM Vol 14, No 2 (2023): August Edition
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2023.14.105-122

Abstract

Consent is one of the foundations for data processing in the Operation of Electronic Systems by government and private institutions. Implementing consent as a basis for data processing has several shortcomings, particularly as it primarily relies on individuals being aware in providing authentic consent. In practice, individuals often give consent without considering any terms and conditions. Consent obtained without knowledge of data processing can jeopardize the right to privacy and the protection of personal data. This paper examines dynamic consent as a means to optimize the protection of privacy rights. The findings indicate that the concept of dynamic consent that prioritizes its approach to Data Subjects serves as a means to optimize personal data protection. Dynamic consent can strike a balance between on the one hand, the simplicity of the consent mechanism, and, on the other hand, the personal data protection standards and the right to privacy. Formulating dynamic consent should be based on legal elements, societal practices, technological features, and the involvement of personal data protection authorities. Additionally, as a form of implementing accountability for Electronic System Organizers as data controllers or processors, an effective mechanism for resolving personal data disputes is needed. These elements, when combined, can provide optimal personal data protection.
Hambatan Hukum untuk Penikmatan Hak atas Pekerjaan bagi Pekerja dengan Disabilitas Rohanawati, Ayunita Nur; Hadi, Sahid; Rahman, Taufiq
Jurnal HAM Vol 14, No 2 (2023): August Edition
Publisher : Badan Strategi Kebijakan Hukum dan HAM

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2023.14.155-168

Abstract

This article focuses on the enjoyment of the right to work for workers with disabilities. This focus is driven by the fact that there are still many discriminatory practices for workers with disabilities in the workplace. This study identifies, for instance, a worker with sensory and physical disabilities that is assigned to a not accessible field of work. This assignment presents barriers faced by the worker and results in the termination of the worker’s employment. Based on this fact, this article addresses two research questions. What is the legal barrier to the enjoyment of the right to work for workers with disabilities? What adequate interventions should the state take to ensure equality and non-discrimination for workers with disabilities? This normative study answers these two questions by analyzing the norms of Law No. 13/2003 on Manpower with the component of legal barrier in the social model for disability. This study proves that the provision in the Manpower Law is categorized as a legal barrier to the enjoyment of the right to work for workers with disabilities. Therefore, this study encourages the state’s legislative function to complement the provisions of the Law with a substance that requires every employers to ensure that their business governance is inclusive and accessible to the diversity of workers with disabilities based on equal rights.
Karakteristik Penggusuran di Indonesia: Pentingnya Intervensi HAM Sebelum, Sewaktu, dan Setelah Penggusuran Hartanto, Mochamad Felani Budi; Aziz, Dian Andi Nur; Suntoro, Agus
Jurnal HAM Vol 14, No 2 (2023): August Edition
Publisher : Badan Strategi Kebijakan Hukum dan HAM

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2023.14.169-184

Abstract

Development and spatial planning policies, especially physical infrastructure, are closely tied to the changes in land use. When these policies intersect with public living spaces, there is a possibility that they are leading to eviction. Although driven by public interest considerations—such as infrastructure development, post-disaster relocation and reconstruction, river flow normalization--evictions in Indonesia often coincide with conflicts, violence, lack of information, and inadequate compensation. These eviction practices are closely associated with alleged human rights violations. This article aims to critically examine the normative aspects of eviction policies and practices in Indonesia from a human rights perspective. It also raises the idea of human rights intervention in eviction policies and practices, aiming at establishing an ideal balance between spatial planning needs and human rights protection for displaced communities. By juxtaposing eviction policies and practices in Indonesia with human rights instruments related to evictions, this kind of intervention is necessary in within three time frames of eviction, namely before, during, and after evictions. Within these temporalities, the government should consider all alternatives outside evictions, provide clear information including eviction procedures, ensure protection for affected communities, and ensure reparative efforts for impacted communities.
Aksesibilitas Terhadap Informasi Keagamaan Bagi Penyandang Disabilitas Tuna Rungu: Visualisasi Tanda di Lingkungan Pusdai Jawa Barat Junaenah, Inna; Hermawan, Hendy; Samodro, Samodro; Rigmalia, Dante
Jurnal HAM Vol 14, No 2 (2023): August Edition
Publisher : Badan Strategi Kebijakan Hukum dan HAM

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2023.14.185-204

Abstract

Human rights law encourages the implementation of state obligations by enacting policies that remove accessibility barriers for persons with disabilities, including a guaranteed access to information. Unfortunately, attention and efforts to facilitate the accessibility of people with deaf disabilities are insufficient, especially regarding religious information. The West Java Islamic Da’wah Center (Pusat Dakwah Islam/Pusdai), as one of the social service units within the local government, barely has a systematic policy basis to facilitate access to religious information, particularly for the “Friday Sermon” for persons with Hard of Hearing (HOH). This article identifies that human rights law can be the underlying basis for the fulfilment of visual communication for persons with HOH. This article discusses a visual design construction that may facilitate communication barriers for deaf-disabled persons in accessing religious information in Pusdai. By employing a socio-legal approach, including visual communication design lens, this study finds a gap in the visual information availability and facility for people with HOH. This study contends that visualization, in the form of moving and static signs, is necessary to facilitate the convenience of persons with HOH and it is seen as an effort to realize inclusive religious services. Such a measure needs to be incorporated into the National Action Plan on Human Rights (RANHAM) in West Java Province.
Konstitusionalisasi Perlindungan Konsumen Perspektif Hukum Hak Asasi Manusia dan Hukum Profetik Islam Musataklima, Musataklima; Syamsudin, M; Sulistiyono, Adi
Jurnal HAM Vol 14, No 2 (2023): August Edition
Publisher : Badan Strategi Kebijakan Hukum dan HAM

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2023.14.137-154

Abstract

People are ipso facto consumers. People, as consumers, have rights that must be protected by law. As human beings, consumers have rights that must be protected, respected, fulfilled, and advanced by the state. However, current consumer protection could be more effective and stronger, as evidenced by many consumer complaints to the National Consumer Protection Agency. (BPKN). This is also due to the weak legal instruments of consumer protection that need to be burned into the country’s constitution. Based on this, the study aims to analyze the urgency of constitutionalizing consumer protection from the perspective of human rights and prophetic Islamic law. The research method used is the study of doctrinal law with conceptual and legislative approaches. The data used is secondary data, i.e., primary, secondary, and tertiary legal materials obtained through the study of libraries and online searching (internet searching), surfing, and downloading, and subsequently analysed qualitatively. As for the results of this study, the first constitutionalization of consumer protection from a human rights perspective can guarantee the fulfillment of the right to life as a fundamental human right and can be an instrumentation of the fulfillment of a right to a decent and safe standard of living to be consumed. Second, from the perspective of prophetic law, the constitutionalization of protection can empower public authorities to fulfill, respect, implement, and enforce consumer protection, thus realizing the liberation and humanization of consumers from unfair and fraudulent trade.
Potensi Konflik Kekerasan Antar Kelompok Narapidana dalam Lembaga Pemasyrakatan Kelas II A Tangerang Yuliyanto, Yuliyanto
Jurnal HAM Vol 3, No 1 (2012): July Edition
Publisher : Badan Strategi Kebijakan Hukum dan HAM

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2012.3.1-16

Abstract

The purpose of this study is to determine the potential of violent conflict between groups of inmates, the causal factors of violent conflict between groups of inmates and to describe any treatment efforts and problem solving violent conflicts between groups of inmates in correctional institutions, so that it can be used as an input and advice to the stakeholders in the area of violent conflict resolution and management among the group of prisoners in correctional institutions. This study uses a qualitative approach, with a research strategy that uses and gathers in depth data/information about the phenomenon of violent conflict in correctional institutions. The data and information and research results will illustrate this phenomenon qualitatively along with its mutual relations analysis between the phenomenon and the relevant factors involved. The research also applies literature study and field work as tools and techniques for data collection. Furthermore, the research reveals several points: first, conflicts between inmates in the Penitentiary Class IIA Tangerang are quite common with low level of conflict escalation and involving private matters of the inmates. Such conflicts is mostly caused by small matters such as debt issues, lost of personal belongings (money, toiletries), and misunderstandings-such as attitudes that are considered arrogant or even insulting. Second, the conflict or dispute is likely to be resolved between inmates or involving the leaders and chief of each block. Such a measure was ussually taken to prevent a wider conflict. In addition, if such an issue reaches the officer’s room, there shall be a following penalty imposed by the officers. If the problems faced are considered heavy and difficul to reach a common ground, then the prison officers should be involved. The recommendations presented in this study are: first, there is a need for a more comprehensive guidance for people considering some psychological effects they burden during their sentences. Secondly, in guiding the inmates, there are several measures that can be taken for instance by giving them training on skills they could use after serving their sentences in prison. Third, coaching and skills training need to be implemented with the involvement of other agencies outside the correctional institution, whether public or private agency, or any social institutions that intend and are concerned about the problems faced by the inmates in correctional institutions. Fourth, the leadership in correctional institutions requires a leader who is capable in nurturing the attitude of the inmates and he/she should have adequate managerial skills in managing prisons in order to be a good organization. 
Peran Pemerintah dalam Pemenuhan Hak Atas Pendidikan bagi Anak Berkonflik dengan Hukum Primawardani, Yuliana
Jurnal HAM Vol 4, No 1 (2013): July Edition
Publisher : Badan Strategi Kebijakan Hukum dan HAM

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2013.4.51-60

Abstract

Children are the future generation of the state, consequently the state has the obligation to provide care and protection of children’s rights, including children in conflict with the law. One of the rights that should be protected is the right to education. Nevertheless, there are still children in conflict with law in judicial proceedings who have not obtained their rights to education. These facts were caused by several things, such as the lack of quality and quantity of human resources, the lack of infrastructure, budget, and educators. Hence, there is a need for attention by the government to address these issues, so that children in conflict with the law can continue to obtain their rights during the judicial process.
Pencegahan Kekerasan dalam Konflik Mahasiswa di Daerah Istimewa Yogyakarta Yuliyanto, Yuliyanto
Jurnal HAM Vol 5, No 2 (2014): December Edition
Publisher : Badan Strategi Kebijakan Hukum dan HAM

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2014.5.105-116

Abstract

The purpose of this study was to determine the factors that cause student conflicts, to describe the views and attitudes of students when dealing with conflict, and to depict the policy of the faculty member, police and local government in dealing with conflict prevention and conflict resolution. This study uses qualitative descriptive approach. The results of this study concluded that, first, the views and attitudes of students when dealing with conflict have been fundamentally different; Second, the violence that occurred in several universities have differences in terms of intensity and background of violence. Third, the policies issued by stakeholders have different dynamics amongst policy makers. Suggestions can be submitted based on this study including: students are expected to have a constructive view of the conflict; faculty members are expected to conduct needs assessment in student guidance; and the police members are expected to make a visual mapping of potential violence among students and create a dialogue between students and security forces.

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