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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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Konkritisasi Universal Desain bagi Akses Penyandang Disabilitas Triyono, Ignas
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.2013.4.54-65

Abstract

Persons with disabilities include those who have long-term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others. They need acces universal design. Universal Design is a framework for the design of places, things, information, communication and policy to be usable by the widest range of people operating in the widest range of situations without special or separate design. Most simply, Universal Design is human-centered design of everything with everyone in mind. Universal design means the design of products, environments, programmes and services to be usable by all people, to the greatest extent possible, without the need for adaptation or specialized design. Universal design shall not exclude assistive devices for particular groups of persons with disabilities where this is needed.
Pelaksanaan Pemilu yang Aksesibel dan Non-Diskriminasi sebagai Upaya Pemenuhan Hak-Hak Politik Penyandang Disabilitas Abdillah, Junaidi
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.2015.6.39-49

Abstract

Every citizen shall be involved in making policy and the state must protect these rights. Persons with disabilities as part of the citizens who are vulnerable to discrimination requires more protection and special treatment to be able to participate fully in the implementation of the general election on the basis of equal rights and opportunities with other citizens. This study will analyze how efforts to fulfill the rights of persons with disabilities Indonesian politics through elections that are not only implemented in direct , public , free, confidential , honest and fair, but must be accessible and non-discrimination for persons with disabilities. The method used in this research is using a qualitative approach, the technique of primary and secondary data collection, as well as conducting an inventory of the legislation with normative and empirical methods. Based on field data about the elections in Indonesia in 2004 until the 2014 elections a form of respect, protection and fulfillment of the political rights of persons with disabilities through elections accessible and non-diskrimanasi gradually have increased significantly although there are still barriers that limit and eliminating the political rights of persons with disabilities.
Perekrutan di negara ketiga: Kasus Pekerja Filipina Luar Negeri di Taiwan hingga Polandia Ituriaga, Anna Joceline Dizon
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.2024.15.51-62

Abstract

This study explores the complexities of third-country serial labor migration among Filipino factory workers, specifically those moving from Taiwan to Poland—an activity deemed illegal by the Philippine government. Utilizing qualitative methods, the research conducts in-depth interviews with participants like Mae, Rick, and Justin, complemented by a key informant interview. The findings reveal a nuanced decision-making process, with participants expressing a desire for enhanced job conditions, contractual flexibility, and career advancement opportunities in Poland. Despite the Philippines' oversight and support for temporary migration, the practice of third-country hiring raises legal and ethical concerns. Without proper authorization from the Philippine government, recruiting workers through a third country is deemed illegal. To protect migrant workers, established procedures, including obtaining an Overseas Employment Certificate (OEC), are implemented to ensure lawful deployment. This study contributes to the ongoing discourse surrounding serial labor migration, providing valuable insights that can inform policy frameworks and practices aimed at enhancing the welfare and protection of migrant workers within the global labor market. Through analysis of the experiences and challenges faced by Filipino factory workers engaging in third-country migration, this research seeks to promote a deeper understanding of the complexities inherent in labor migration processes and advocate for measures to safeguard the rights and well-being of migrant workers worldwide.
Pemenuhan Hak Atas Pendidikan (Dasar) bagi Komunitas Adat Terpencil di Perbatasan antar Negara (Studi Kasus di Provinsi Kalimantan Barat, Nusa Tenggara Timur) Rachman, Rully
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.2012.3.33-46

Abstract

The Indonesian Government still has limitations in handling areas that are geographically difficult to reach. In such a circumstance, there are several remote areas that are inhabited by Indonesia citizens in the form of indigenous communities who are isolated from other residents in the vicinity.Article 28 C Paragraph (1) of the Constitution of the Republic of Indonesia Year 1945 states that “every person has the right to develop themselves through the fulfillment of basic needs, right to education, and to benefit from science and technology, art and culture, in order to improve the quality of life and for the welfare of mankind”. Consequently, education and compliance services shall also cover remote indigenous communities. This statement would be in line with Article 12 of Law Number 39 Year 1999 on Human Rights, which states that “everyone is entitled to protection of personal development, to education, educating themselves, and improve the quality of life for a man who is faithful, pious, noble responsibility, and prosper in accordance with human rights”.The study uses a qualitative descriptive research with case studies. The samples are SDN 03 and SDN Sontas 12 Entikong in the province of West Kalimantan, and SDN Nanaeklot in East Nusa Tenggara Province.
Pengakuan Hukum terhadap Hak Ulayat Masyarakat Hukum Adat dan Hambatan Implementasinya Hidayat, Hidayat
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.2013.4.1-12

Abstract

Recognition of the existence of customary rights by Article 3 of the Basuc Agrarian Law is a natural thing, because along with the customary rights of indigenous communities have existed before the formation of the state of Republic Indonesia. However, many cases of communal land which arise in the regional and national scale, will never obtain settlement completely without any objective criteria necessary as a benchmark determinants of the existence of customary rights and their implementation. Criteria for deciding about the existence of customary rights is composed of three elements, namely the existence of a particular customary law community, the presence of certain customary rights into the environment and the purpose of taking the lives of indigenous people, and the existence of customary law regarding the maintenance of order, control and use lands which apply and be adhered to by the indigenous peoples.
Peran Pemerintah Daerah dalam Pemenuhan Hak Atas Keadilan Michael, Donny
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.2014.5.129-141

Abstract

Someone who is “capable” and has a legal problem, he may appoint a person or advocate to defend its interests. Similarly, someone who is classified as “not capable” of defense can also request a public defender or as a worker in legal aid to defend its interests in a lawsuit. This study uses a descriptive-analytical study with a qualitative approach, in which the primary data came from informants. While secondary data in the form of literature from books, scientific manuscripts, research reports, and documents related to the research topic. The results of this study illustrate that the presence of the three patterns is a model implementation is the provision of legal aid legal aid non-litigation, litigation and non-litigation and litigation combined. Local government agencies, law enforcement, advocates agencies, and universities are different attempts to realize the implementation of the legal aid “probono”. These efforts can be made in institutional policies and individual officials concerned. The people generally are not aware of any right to legal aid. Instead, the agency that provides legal assistance funds such as local government and the courts are not transparently deliver legal aid funding is available to the public.
Aksi Kewargaan Membela Hak Ekologi Warga Trenggalek: Analisis Ideologis, Lingkungan, dan Teologis Kumai, Yayum
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.2023.14.267-286

Abstract

The background of this research aims to publish two reasons. First, to show a new perspective of common opinion about the social movement that is based on the class struggle. In this research, the environmental movement is run by the ecological ideology, spirituality, and theology motives. Second, the protests to reject the mining exploitation agenda are not to fight the state nor hinder the development agenda. However, these are the acts of citizenship as a part of participation in a democratic country. Based on the two points above, the research adapts two concepts those are the acts of citizenship from Engin Isin and humanistic Islam from Anna Gade. The data mining process uses ethnographic or observational participatory method that has done in the field of movement as become part of them. The discussion divides the actors of movement into three categories, two of them are Islamic-based organization and the left one is Javanese spiritual group. Each of them works on their own way to defend the ecological rights, but they all have the similar objectives of movement that is ecological sustainability. To develop the study of human rights movement in Indonesia, the approach of ethnography study needs to be deepened and doubled so that the local perspective about their own construction about rights could be mapped.
Peran Lembaga Penegak Hukum dalam Penerapan Undang Undang Nomor 13 Tahun 2006 tentang Perlindungan Saksi dan Korban terhadap Perlindungan Hak Atas Keamanan Pribadi bagi Saksi dan Korban dalam Sistem Peradilan Pidana Fitriyani, Fitriyani
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.2010.1.38-57

Abstract

The aim of this paper is to find out the practice conducted by the law enforcement institutions in implementing the Law No. 13 of the year 2006 on The Protection of Witness and Victim. The method used in this paper is descriptive qualitative which based on secondary data that is the research done at four provinces (Provinces of Papua, Bali, Nort Sumatera, and South Sulawesi). The result of the research shows that the mechanism of the witness and victim protection conducted by the law enforcement institutions (the police, district attorney and the court) have not given the maximum protection yet as the implementation of protection on the rirgt of personal security by the state. This condition is caused by the unavailable of the regulation to ensure the authority, mechanism, the form of protection and funding by the law enforcement institutions.   With the existence of  the Law No. 13 of the year 2006 on The Protection of Witness and Victim  so the protection of the witness and victim as the implementation of the protection of the right of personal security will be more guaranted. In fact on lack of capacity from the law enforcement institutions, so that the police, district attorney and the court should work together with the Instution of Witness and Victim Protection, as the institutions formed based on the Law No. 13 of the year 2006, and other institutions that have function in witness and victim protection in order that the right on the protection of personal security of the citizen in the area of criminal justice process can be guaranted.
Sekolah Bertaraf Internasional dalam Perspektif Hak Asasi Manusia Nugroho, Okky Chahyo
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.2013.4.11-26

Abstract

This study is a continued and multi-years research. In the first year, the data reveal about the management of flagship high school in Jakarta, West Java, Yogyakarta, and South Sulawesi, based on indicators of human rights-based education, and reveal the presence of data and international schools management in Jakarta. Based on the findings in the first year (2009), there has been three books that will be used as a guideline in the developing International Standard School (SBI), namely: (1) SBI development handbook (2) SBI curriculum development handbook, and (3 ) SBI workforce manual. Subsequently in the second year, third guidebook will be piloted in schools that are potential to become SBI. In addition, in the second year (2010) there will be: (1) SBI manual on students selection, (2) SBI teaching and learning process implementation guidebook, and (3) SBI finance guidebook. These handbooks will complement the development of the entire system in ac- cordance with SBI rights-based education parameters. This research is a descriptive and evaluative research and was taken place in RSBI high school in Yogyakarta Province (SMAN 3 Yogyakarta, Yogyakarta SMAN 8, and SMA Muhammadiyah 2). The evaluative research is used to determine the success of the application of International School Development Handbook, Man Power Manual, and Curriculum Handbook. The experi- ment lasted for 8 months, from February to November 2010.
Peran Pemerintah Daerah Jawa Barat dalam Upaya Pemenuhan Hak Pedagang Tradisional melalui Revitalisasi Pasar Perkotaan Primawardani, Yuliana
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.2014.5.69-78

Abstract

The traditional market is one of the driving joints for society Indonesian economy . In this case the market becomes a meeting place sellers and buyers to trade in order to meet daily needs . However , in line with the changing times , the existence of traditional markets as if marginalized . This is because market conditions traditionally considered less worthy as areea trade , so that the traditional merchant was unable to compete with modern markets such as supermarkets and hypermarkets that exist today . This happens in various provinces, including the province of West Java which has increased the number of retail businesses in each county / city . Therefore it is necessary to assist the Government’s attention in the traditional traders obtain their rights through the development and rejuvenation of urban markets in order to compete with the modern retail business as stipulated in Presidential Regulation of the Republic of Indonesia Number 112 of 2007 on Management and Development of Traditional Markets , Shopping and Modern Stores .

Page 20 of 26 | Total Record : 251

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