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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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Gerakan Politik Lokal Waria dalam Perjuangan Hak Bekerja Muharam, Ricky Santoso; Pradhanawati, Ari; Fitriyah, Fitriyah; Supratiwi, Supratiwi
Jurnal HAM Vol 14, No 3 (2023): December Edition
Publisher : Badan Strategi Kebijakan Hukum dan HAM

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2023.14.251-266

Abstract

The enactment of Regional Regulation No. 1 of 2014 concerning the Handling of Vagrants and Beggars, which has an impact on the waria (transgender) community of Yogyakarta. Most work as buskers and (art workers) reject the existence of Gepeng Regional Regulation. This rejection was based on the fact that the waria community refused to be categorized as vagrants and beggars. Research using qualitative with case studies. This research focuses on the strategy of the Yogyakarta transgender political movement by forming an advocacy coalition in response to the implementation of the Gepeng Regional Regulation which is considered to have an impact on the waria community working on the streets. The results of this study found that carrying out resistance or rejection actions was carried out in two ways. First, build a network of advocacy coalitions between communities. Second, Strategy through the media. The enactment of Perda Gepeng gave rise to two advocacy coalitions, namely the IWAYO, advocacy coalition which was formed as a result of the consolidation of several waria communities in Yogyakarta and the Gepeng Regional Caucus Coalition consisting of various organizations, NGOs and various communities that support the struggle in rejecting the Gepeng Regional Regulation by trying to influence government decisions that are considered damaging democratic values and harming the poor.
Pengaruh Kebijakan Pertahanan Pemerintah terhadap Hak Atas Tanah Masyarakat Adat Marianche, Anita; Rahjanto, Rahjanto
Jurnal HAM Vol 1, No 1 (2010): First Edition
Publisher : Badan Strategi Kebijakan Hukum dan HAM

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2010.1.13-22

Abstract

Regulation concerning land rights for indigenous people could have been there at the level of legislation and various government regulations, but the information is still rarely found in a simply and concisely. Meanwhile, the clarity of information on legal guarantee for indigenous people has been considered a pressing need of recent development. The problem of this is how the condition of legislation currently on the land associated with land rights of indigenous people and how the shape of the influence of government land policies towards indigenous peoples’ land rights. The government at the level of province, District and City with its local wisdom is expected to develop regional regulation that protects the interests on the rights of indegenous people, especially customary land rights based on a legal basis as a form of local government commitment and spirit of regional autonomy. It’s time to leave policy that the existence of indigenous people and the strengthening of customary rights to local governments, supported by budget politic. Could be, lack of data and  lack of initiative of local governments to conduct an inventory or identification of indigenous people in its territory due to the inadequate allocation of fund and not budgeted in local government budget. Necessary to formulate norms which say that the recognition of indigenous rights as well as a recognition of the existence of customary law community. The main reason because the only thing that can become a subject of customary rights is a customary law community.
Hak Kemerdekaan Mengeluarkan Pendapat bagi Wartawan melalui Media Massa Marianche, Anita
Jurnal HAM Vol 3, No 2 (2012): December Edition
Publisher : Badan Strategi Kebijakan Hukum dan HAM

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2012.3.118-144

Abstract

Freedom of the press is a manifestation of popular sovereignty set forth in Section 28F of the 1945 Constitution and becomes a very important element in creating a democractic life of society, nation and state which includes activities to search, to acquire, to possess, to keep, to process and to convey information. Freedom of the press guaranteed by the state through legislation including guarding the independence of national integrity, upholding religious values, truth, justice, morality, ethics, promotes social and intellectual life of the nation. Freedom of the press still faces many problems, especially with the increasing cases of physical violence against journalists and non-physical in journalistic activities. On the other hand, freedom of the press who do not abide the code of conduct and regulations can be abused for the benefit of a particular group or class. Violation of journalistic ethics by journalists in the name of democracy, and even tend to ignore the rules of professionalism. Data collection techniques performed in this evaluation using interviews, questionnaires and documents.The research approach used in this evaluation is through qualitative and quantitative approaches. Data obtained from th evaluation, collected, processed and analyzed quantitatively and qualitatively to describe, illustrate and to explain the problem of evaluation. The evaluation program is also expected to identify constraints either administrative, procedural and quality associated with the protection of the right to freedom of expression for journalists in the mass media and the settlement of code of ethics violations committed by journalists to the decline the level of violence experienced by journalists, and also reduced violations of the code of ethics by journalists in performig its duties.
Pelayanan Akta Kelahiran Anak di Wilayah Perbatasan Provinsi Nusa Tenggara Timur Utami, Penny Naluria
Jurnal HAM Vol 5, No 1 (2014): July Edition
Publisher : Badan Strategi Kebijakan Hukum dan HAM

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2014.5.41-54

Abstract

There are only 55% of Indonesian childs who already have birth certificate until the end of December 2009 according to Indonesian Child Protection Commission. Child birth certificate service is running slow, because most of the local governments still make the issuance of birth certificates as a source of local revenue, and there are only 250 districts/ cities that already provide free birth certificate issuance policy for its citizens. Several factors that affect the low birth registration including: the lack of information to the public, the costs are very high in case of late registration, and the low quality of access management in the district/city level. The problem in this paper is to describe on how the government policy in providing service of child birth certificate in the border region of East Nusa Tenggara; and also to describe on how the child birth certificate services in the border region of East Nusa Tenggara. The scope of analysis taken is limited to the policies of central and local governments and their implementation in the issuance of child birth certificate in the border region of East Nusa Tenggara. The method of study used is qualitative approach, while the source of data consists of primary and secondary data. The results shows that every Indonesian citizen has the right to identity in the form of citizen legal document.
Penerapan Hak-Hak Narapidana di Lembaga Pemasyarakatan Kelas IA Tanjung Gusta, Sumatera Utara Ditinjau dari Perspektif Hak Asasi Manusia Michael, Donny
Jurnal HAM Vol 6, No 2 (2015): December Edition
Publisher : Badan Strategi Kebijakan Hukum dan HAM

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2015.6.91-104

Abstract

Correctional Institutions has been working to provide advisory services to the Prisoners, so that the rights of Prisoners are fulfilled. The research aims to find the factors supporting and inhibiting the implementation of the rights of Prisoners at the Correctional Institution, and found the effort to implement the rights of Prisoners in accordance with a human rights perspective. The research method is descriptive with qualitative approach. The results showed a limiting factor, among others, (1) relative to the classical normative happened for a long time about the excess of prisoners, budget constraints, lack of coordination among government agencies, (2) as well as technical and administrative documents that must be held Prisoners for be able to obtain their rights, (3) the dynamics of law in the treatment of Prisoners. Supporting factors come from the Prisoners and prison officers in running coaching programs in prisons and the legal products such Circular Letter of of the Minister of Justice and Human Rights of the Republic of Indonesia specifically related to the implementation of the provisions of justice collaborator. Efforts implementation of the rights of Prisoners in terms of the perspective of human rights has been made by the Government cq. Directorate of Corrections, although admittedly there are limitations that can not be addressed effectively. Normatively it is reflected in Article 14 paragraph (1) of Law No. 12 of 1995 on Corrections. Recommendation: Review the provisions of Article 34A paragraph (1) and Article 43A paragraph (1) of Government Regulation No. 99 Year 2012 on the Second Amendment to Government Regulation No. 32 of 1999 on the Terms and Procedures for Residents Rights Patronage; Requirement justice collaborator regulated in Government Regulation contrary to the spirit of Article 14 of Law No. 12 of 1995 on Corrections. Justice collaborator can not be used as a condition to get Remission and Parole; Reviewing Article 50 paragraph (1) of the Regulation of the Minister of Law and Human Rights No. 21 of 2013 regulating the family collateral requirements for obtaining conditional rights
Perdamaian dan Hak Asasi Manusia di Sri Lanka: Perjuangan Masyarakat Marjinal dalam Mengadvokasi Keadilan Hearnden, Scott Robert
Jurnal HAM Vol 15, No 2 (2024): August Edition
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2024.15.95-110

Abstract

Peace and human rights serve as a check on the dominant or majoritarian culture. An absence of human rights is conducive to weak democratic forms, unequal social and political relations, marginalisation, oppression and, in some cases, criminalisation of communities. Such a scenario can be found in Sri Lanka. This paper expands upon a principal research project which found that the marginalisation of participants arose from aspects of their particular identities, including diverse sexualities and genders, races, ethnicities, religions and youth. The principal research was informed by intersectionality, social interactionism, interviews and interpretative phenomenological analysis. This paper was composed out of the research results and was further structured by literature review. People’s marginalisation, oppression and exclusion are related directly to the absence of peace and human rights manifested through injustices and structural barriers that frustrated social and political participation.
Evaluasi terhadap Peran Satuan Polisi Pamong Praja dalam Perlindungan Hak Asasi Manusia bagi Masyarakat Budijanto, Oki Wahju
Jurnal HAM Vol 3, No 2 (2012): December Edition
Publisher : Badan Strategi Kebijakan Hukum dan HAM

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2012.3.1-23

Abstract

The evaluation over the role of Civil Service Police Unit in terms of human rights protection for people aims to determine the level of understanding of members of municipal police regading the values of human rights related to their duties, and the implementation of Article 8 of the Governmental Regulation No. 6 Year 2010 on Civil Service Police Unit, as well as the implementation of guidance and oversight functions of the Regional Government over the municipal police. The result of evaluation carried out is expected to be materials to enrich scientific literatures and the literature on human rights field. Aside from that, it be used as a material in making the formulation of policy recommendations related to the improvement of municipal police duties in the field.The evaluation was conducted from February to September 2011. Location of this evaluation covers four provinces, namely Southeast Sulawesi (Kendari), Lombok (Mataram City), South Kalimantan (Banjarmasin) and East Java (Surabaya). The method used is qualitative and quantitative approach. While data collection techniques used in this evaluation comprise in-depth interviews, questionnaires, and tests, as well as documentary study of secondary data. Furthermore, the data obtained in the tabulation were then to be processed, and the conclusions drawn derives from some interpretations of the findings in the field.The results of the evaluation of the municipal police who are in Southeast Sulawesi, West Nusa Tenggara, South Kalimantan and East Java overall have a lack understanding of human rights, so there have been many people encountered violence committed by the officers in carrying out daily tasks. Some numerous clashes often occurred in places such as the demolition, is being done to Merchants Street Markets (PKL), the demonstrators, and bums or beggars. Guidance and supervision to the municipal police conducted so far is still considered not effective.Based on the evaluation results, it can be concluded that, (1) the understanding of the majority of members of municipal police is still considerably lacking, (2) the implementation of the provisions of Article 8 of the Governmental Regulation No. 6 of 2010 on municipal police stating ”In performing its duties, the Civil Service Police must uphold legal norms, religious norms, human rights and other social norms that live and thrive in the community ”, but in reality many violence cases still occurred in various forms, (3) the character building of municipal police officers tend to use a military approach and coaching is very rarely done. Supervision for this is still not going well. This is because the subject of political will as the main responsible of regional heads. While suggestions may be submitted including the need for cooperation between the Office of Justice and its PUSHAM in each region, it is necessary to adopt the concept of Community Policing and adapt to the characteristics and needs of the people of Indonesia, as well as the need of commitment and seriousness of regional leaders in coaching and supervising municipal police.
Peran Pemerintah dalam Upaya Pemenuhan Hak Atas Pelayanan Kesehatan melalui Penyediaan Obat Murah bagi Masyarakat Primawardani, Yuliana
Jurnal HAM Vol 4, No 2 (2013): December Edition
Publisher : Badan Strategi Kebijakan Hukum dan HAM

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2013.4.43-53

Abstract

Health is one of the rights possessed by humans since birth. Efforts to comply with the health of any human rights as citizens is done through the provision of health services in order to achieve optimal health status for the community. One is to provide health services to the community, either in the form of health care in the form of free or cheap drug supply for the community. Provision of cheap drugs in the market, only intended for certain types of diseases. For other diseases, pharma prices are still relatively expensive. While not everyone can afford to buy drugs at a great price. It is therefore very necessary role of government in providing health services, including by providing cheap drugs to the community.
Proses Pemilihan Kepala Daerah Secara Langsung yang Berdampak pada Perilaku Masyarakat dalam Rangka Pemenuhan Hak Berpolitik Warga Negara di Provinsi Sumatera Utara Rahmanto, Tony Yuri
Jurnal HAM Vol 6, No 1 (2015): July Edition
Publisher : Badan Strategi Kebijakan Hukum dan HAM

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2015.6.27-38

Abstract

Direct local elections is an illustration form of the democratic process that is realized by the government’s seriousness implemented at all levels of government. Implementation of the local elections have a purpose to carry out the implementation of a democratic system at the local level which is an extension of the central government, furthermore also a moment for the community to voicing their political rights as citizens. In practice, direct election conducted in some areas not yet in spite of the existence of violations to cause conflict between the members. The problem is how to practice the local elections directly in the province of North Sumatra; How is the behavior of the people of North Sumatra to direct the election process have been implemented. Methods This study used a qualitative approach which is descriptive study. Then conducted a qualitative analysis of the substance, the context, and the relationship between the perpetrators of the campaign with an audience from the aspect of human rights. Based on field data, direct election practices still use transactional practice, discrimination against particular groups, the lack of availability of facilities for the group of disabled tools, election fraud, organizers are still in favor of one candidate, the high cost elections, prone to horizontal conflict as a result of people’s behavior, and the function of political education are not optimal.
Hak Asasi Manusia dan Perbatasan: Mengembalikan Kerugian Hak-Hak Masyarakat Adat Sama Dilaut di Filipina Selatan Aquino, Kriselle Marie Calica
Jurnal HAM Vol 15, No 1 (2024): April Edition
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2024.15.19-34

Abstract

The Sama Dilaut, identifying themselves as a seafaring people, consider the sea central to their homeland and cultural identity. Despite formal recognition of their procedural rights under international and domestic legal frameworks, they persist on the periphery of societal hierarchies, not due to material scarcity but because of profound deficits in capabilities and freedoms. This study shifts focus from material deprivation to rights deprivation, specifically examining how their indigenous perspectives are marginalized in the interpretation and realization of human rights. Utilizing qualitative methods, particularly phenomenology and key informant interviews, this research investigates the multifaceted experiences of deprivation faced by the Sama Dilaut across different contexts: on land, at sea, and within both community (horizontal) and state (vertical) frameworks. Furthermore, it critically analyzes potential pathways and strategies to enable them to fully exercise their rights and freedoms. Central to the findings is the Sama Dilaut's conceptualization of human rights ('kapatut manusiya'), which underscores four primary areas of deprivation compared to desired freedoms: knowledge and education ('pangalaman' or 'panghati'), indigenous culture, spirituality, and religious beliefs ('pangaddatan' and 'pag-omboh' or 'pag-paybahau'), traditional and diversified economic livelihoods ('pag-usaha' or 'pagkalluman'), and socio-political leadership and participation ('panglima' or 'nakura'). This study contributes significantly to reframing the discourse on international human rights by foregrounding the experiences of the Sama Dilaut, a community characterized by their deprivation of freedoms despite their rich maritime heritage and worldview. By amplifying their voices and highlighting their lived realities, this research advocates for a more inclusive approach to human rights that incorporates and respects diverse indigenous perspectives. Ultimately, it seeks to inform policy and advocacy efforts aimed at addressing systemic inequalities and promoting the full realization of rights for marginalized communities such as the Sama Dilaut.

Page 18 of 26 | Total Record : 251

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