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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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Bantuan Hukum “Pro Bono Publico” sebagai Alternatif dalam Pemenuhan Hak Memperoleh Keadilan di Provinsi Jawa Timur Rahmanto, Tony Yuri
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.2015.6.119-130

Abstract

Law enforcement in Indonesia is more complicated and not easy. During the process under the rule of authoritarian government where the freedom to obtain equality before the law deliberately systematically restricted. Since the Law on Legal Aid was passed by the House of Representatives in 2011, a variety of hope began to appear for the sake of the establishment of a legal aid system that can be accessed by all groups of society, especially people can’t afford (poor). But along the way, there are still many weaknesses and needs significant improvement. Therefore the problem is how the implementation of the provision of free legal aid (pro bono publico) by the local government for the poor society in East Java province; and how the coordination between the Provincial Government of the East Java with Regional Office of the Ministry of Justice and Human Rights in East Java as legal aid providers in the area. This research method using descriptive qualitative approach. Then conducted a qualitative analysis of the substance and research context to the aspects of Human Rights. The practice of providing legal aid to the poor society in East Java province is still experiencing problems, such as lack of socialization related to the provision of legal aid to the poor society, inadequate number of Legal Aid organization in making the provision of legal aid, the amount of the cost of legal aid has not been sufficient in the process in the trial, as well as administrative requirements related Certificate Disadvantaged (SKTM) are abused by some unscrupulous and not according to their distribution.
Merawat Perjuangan: Politik Kesabaran Perempuan dalam Menuntut Keadilan Lingkungan di Cilacap Huda, Miftahul
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.2024.15.129-142

Abstract

The PT S2P coal-fired power plant (CFPP) in Cilacap has generated considerable profits for the capitalist country since 2006, while simultaneously causing environmental damage and rendering local communities vulnerable. This paper employs a case study approach to examine the role of women's agency from the Global South in the social movement for environmental justice. It considers how global-local economic and political relations in Cilacap influence this movement. It sought to explain women's agency in claiming the right to a healthy and decent environment by testing the theory of the politics of patience, which located women outside and against state and corporate power. Through ethnography, in-depth interviews, and meetings with activists, public officials, and NGOs, this study depicted women as political actors in the face of the negative impacts of the state-electricity company nexus. In their struggles, women were confronted with gender stereotypes that were shaped by the state and reinforced by society. These stereotypes prevented women from participating in social movements that demanded their rights. The most important finding was that the nurturing role of women has ensured that the struggle for the right to a healthy and decent environment has lasted longer and has remained outside of and against the state. 
Pendidikan Berbasis Hak Asasi Manusia dan Pengembangan Rintisan Sekolah Bertaraf Internasional pada Sekolah Menengah Atas Utami, Penny Naluria
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.2012.3.55-75

Abstract

The Constitution of the Republic of Indonesia in 1945 has mandated that one of the Indonesia’s national goals is the creation of national intellectual life. Therefore every Indonesian citizens, regardless of their social status, race, ethnicity, religion, and gender are entitled to quality education services. One effort to improve the quality of education contained in Article 50 paragraph (3) of Law No. 20 Year 2003 on National Education System, which states that the central and or local government establish at least one unit of education at all levels of education to be developed as an international education unit. Article 12 of Law No. 39 Year 1999 on Human Rights states that everyone has the right to protection of personal development, to education, to educate themselves, and improve the quality of human life in order to be faithful, pious, noble responsibility, and welfare in accordance with human rights. The focus of this research is in accordance with the actual conditions covering: the utilization costs for the development of international school stubs (RSBI), the quality of student and teacher recruitment based on basic principles of human rights. This study uses a case study research design and conducted in North Sumatra and East Java. 
Perspektif Hak Asasi Manusia dalam Perlindungan Hak Kekayaan Intelektual Atas Pengetahuan Tradisional dan Ekspresi Budaya Tradisional Masyarakat Adat Rahjanto, Rahjanto
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.2014.5.1-14

Abstract

These days a lot of intellectual properties in the form of traditional knowledge and traditional cultural expressions, which are created or originated from indigenous peoples, have become popular around the world, for example: works of art and medicine, and internationally traded that worth up to multibillion dollar U.S. each year. Most of the revenue from the trade is eventually in the hands of companies outside the area of origin of the intellectual property, and more often in the hands of foreign companies. This research uses a qualitative approach, while the data collection conducted at eight locations: West Java, Yogyakarta , Central Sulawesi, South Kalimantan, Bali, North Sumatra, South Sumatra , East Nusa Tenggara. In terms of legality, the state has not provided adequate legislations to protect intellectual property such as traditional knowledge and traditional cultural expressions. Arguably, Article 10 paragraph (2) of the Law No. 19/2002 on Copyright is not entirely appropriate (or compatible) with the characteristics of traditional knowledge and traditional cultural expressions. Hence, the Indonesian government ought to take progressive steps by regulating traditional knowledge and traditional cultural expressions into a separate law (sui generis).
Keadilan Bagi Anak Berhadapan dengan Hukum Menurut Undang-Undang Nomor 11 Tahun 2012 tentang Sistem Peradilan Pidana Anak Firdaus, Insan
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.2015.6.53-63

Abstract

The enactment of Law Number 11 of 2012 on juvenile criminal justice system on July 30, 2014, became beginning of a paradigm change in procedure and law enforcement officers in the handling of Children in Conflict with the Law. These changes put forward the completion of criminal cases involving child offenders, victims, family perpetrator / victim, and others to work together to find a fair settlement with emphasis on restoring victims and not merely retaliation. This study uses normative juridical approach by analyzing library materials that are used as the main ingredient, which include the primary legal materials, secondary, and tertiary associated with the process of dealing with juvenile justice law. Based on that through this paper the authors wanted to know how the position of juvenile criminal justice system in Indonesia and how the forms of justice for children in conflict with the law under the laws of the juvenile criminal justice system, and the role of law enforcement agencies in implementing the law. It can be concluded that the juvenile criminal justice system is part of the general judicial system that guide the implementation of the mechanism of justice for Children in Conflict with the Law. Justice for Children in Conflict with the Law Statutory juvenile criminal justice system not only not solely intended for the offender, but also to the victim with regard to the interests of the child. Therefore, the role of law enforcement officers directed the completion of criminal cases focus on supporting children through diversion to achieve restorative justice.
Situasi Genting Pengungsi dan Pekerja Migran di Malaysia yang Berkelanjutan Pasca-Covid-19 Michael, Sheila Devi
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.2024.15.35-50

Abstract

The COVID-19 pandemic exacerbated the vulnerabilities faced by refugees and migrant workers globally, and Malaysia was no exception, where these groups encountered significant challenges exacerbated by their marginalized legal status. Often perceived as illegal, refugees and migrant workers faced widespread discrimination and neglect during Malaysia's efforts to manage and contain the virus. This environment fostered xenophobic attitudes among both the government and the general population, undermining efforts to protect these vulnerable populations from abuse, exploitation, and discrimination. Compared to international standards, Malaysia's response to safeguarding the rights of refugees and migrant workers fell short, as evidenced by their inadequate protection measures during the pandemic. This paper seeks to shed light on the dire conditions experienced by these groups throughout the COVID-19 crisis and their ongoing precarious situation. Drawing from a range of primary and secondary sources including official statements, mainstream media reports, and findings from local and international organizations, the research underscores persistent challenges faced by refugees and migrant workers. The findings reveal that despite sporadic efforts, the fundamental situation for these vulnerable groups remains largely unchanged, with systemic issues of discrimination and neglect persisting. In response, the paper advocates for urgent reforms and the implementation of comprehensive policies by the Malaysian government to improve conditions and protect the rights of refugees and migrant workers effectively. These reforms are essential not only for meeting international human rights standards but also for fostering a more inclusive and equitable approach to public health crises and broader social welfare policies.
Peranan Lembaga Adat dan Kearifan Lokal dalam Upaya Pencegahan dan Penyelesaian Konflik Horizontal di Provinsi Jambi Michael, Donny
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.2012.3.47-60

Abstract

Conflict between people or between groups of people is a situation that shall always exist in every social interaction. Customary institutions (Lembaga Adat) and local knowledge as part of the structure of a society play a role in influencing conflict attitude and behavior, which may potentially amount to violence. The existence of customary institutions and local knowledge has become one of the community robustness pillars that are expected to overcome any social problems, or to switch people's violent behavior into a positive one without injuring others or the community at large. The role of traditional institutions, based on the functioning of the community in general, is as a common body whenever a situation requires a traditional affirmative action in the society. Traditional institution, as a component of society, is thus essential for the integrity of the structure of society itself, without which a community could lose its identity as a civilized society along with local wisdom within.
Pemenuhan Hak Atas Pendidikan Dasar bagi Komunitas Adat Terpencil di Provinsi Nusa Tenggara Timur Firdaus, Firdaus
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.2013.4.13-21

Abstract

The purpose of the study was intended to determine the policy of the local government in the fulfillment of the right to basic education , and any obstacles encountered in the context of primary education in remote indigenous areas . The purpose of the study was intended to determine the policy of the local government in the fulfillment of the right to basic education , and any obstacles encountered in the context of primary education in remote indigenous areas . The data used in this study is a secondary data collected by literature search ( library research ) and primary data (field research ) that the data collected from each subject , in this case the informant Department of Education , Principals & teachers ( formal ) , organizers of non education informal ( outside of school ) , Community leader / religious , NGO , parents , and Children of primary school age ( which is still in school and dropping out of school ) . While the primary data collection tool was the interview will be made to suit the needs of the target group of the study. The study sample was taken from the whole group / unit Belu District Education Office in East Nusa Tenggara Province . Local Government Policy in the fulfillment of basic education rights to people in remote indigenous communities have been working to improve the quality and quantity of basic education primary school . At the local government level , there are efforts in basic education budget allocated in the budget although it has not reached 20 % as stated in the Constitution of the Republic of Indonesia Year 1945 . Constraints faced in the provision of basic education in the region is limited infrastructure and educators both in quantity and quality . Agencies active in implementing basic education programs in addition to the education office is the Regional Office of Religious and Social Service programs through family expectations (PKH) .
Justisiablitias Hak Ekosob Melalui Mekanisme Individual Communication dalam Optional Protocol To The International Covenant On Economic, Social And Cultural Rights Citrawan, Harison
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.2014.5.143-151

Abstract

The individual communication mechanism enshrined under the Optional Protocol of the International Covenant on Economic, Social and Cultural Rights could be regarded as a form of state’s commitment to make economic, social and cultural (ecosoc) rights justiciable. This paper attempts to depict several aspects of the working mechanism of individual communication exercised by the Ecosoc Rights Committee, including: admissibility of ratione personae, ratione temporis, and ratione materiae. Furthermore, analysis will be taken on the issue of whether such a mechanism could give an effective way to promote state’s compliance on ecosoc rights fulfillment. In brief, this paper concludes several points: first, the Optional Protocol is to be regarded as a compromise between the nature of the rights and the duties ruled under the Covenant; second, the Ecosoc Rights Committee shall accommodate the need of adjudicative body in order to shift the traditional view of ecosoc rights; and third, there is a need of a comprehensive coordination and cooperation amongst both treaty based and charter based human rights institutions, not only on technical issues but also on the legal interpretation method.
Potensi Overkriminalisasi Dalam Tindak Pidana Agama: Analisis Kritis Terhadap Perumusan Kitab Undang-Undang Hukum Pidana Nasional Baru (UU No. 1 Tahun 2023) Fernando, Zico Junius; Wulandari, Sri; Putra, Panca Sarjana
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.2023.14.205-216

Abstract

Overcriminalization in the context of criminal law refers to the phenomenon where too many behaviors are defined as criminal offenses, which ultimately results in the expansion of law enforcement powers and an increase in the number of individuals caught up in the criminal justice system. This study examines overcriminalization in the formulation of religious offenses contained in Law Number 1, the Year 2023 on the Criminal Code (KUHP), focusing on Article 302 on incitement of a person to no religion or belief adopted in Indonesia and its impact on atheists or non-religious communities. The analysis highlights several important issues, such as the unclear definition of "inciting" in the article, its impact on freedom of speech, potential discrimination against minorities, and misuse of the law for political purposes. The research was conducted using a qualitative method, combining document studies, literature reviews, and analysis of relevant case law. The results show that Article 302 of the New National Criminal Code may lead to overcriminalization, as it regulates acts that can be considered part of freedom of expression and religion. This article can also be considered as limiting the right of individuals to choose their beliefs or religion, including the right not to have religious beliefs. In addition, this research highlights that this article is vulnerable to abuse by parties who have political interests or want to target specific groups. As a recommendation, this study suggests the need to reform the formulation of Article 302 of the National Criminal Code to reduce the impact of overcriminalization and protect human rights, such as freedom of speech.

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