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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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Keterbukaan Informasi Publik di Kabupaten Lebak Hidayat, Hidayat
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.2010.1.58-65

Abstract

The objective of the research on the Rights of Freedom to Public Information Government Held is to determine the readiness of the Government of Lebak Regency in implementing the Act. 14 Year on year 2008 and factors inhibiting the implementation. The study was conducted with qualitative methods through descriptive analysis approach. The results of the research shows that the Government Lebak Regency basically  ready to implement the Law Number 14 Year 2008 concerning Public Information Disclosure Regulation by enacting Local Regulation No.  6 of 2004 on Transparency and Participation in Governance and Development Management at the Commission  Lebak Regency establishment of Transparency and Participation can accommodate the aspirations of the community in order to obtain information.
Efektifitas Forum Dilkumjakpol dalam Kerangka Integrated Criminal Justice System Budijanto, Oki Wahju
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.2013.4.27-34

Abstract

Evaluation of the effectiveness of the forum court, Justice and Human Rights, Prosecution, and Police (Dil- kumjakpol) within the framework of the Integrated Criminal Justice System aims to determine how the effec- tiveness of the framework Dilkumjakpol forum Integrated Criminal Justice System and to determine the fac- tors that led to the difficulty of law enforcement in Indonesia in the framework realize the Integrated Criminal Justice System. While the benefits of this evaluation are expected as an ingredient in making recommendations relating to policy formulation Dilkumjakpol forum as well as reading materials to enrich the science and lit- erature. The method used is a qualitative approach. While data collection techniques used in this evaluation, which consists of in-depth interviews (in-depth interviews), questionnaires and document study as secondary data. Based on the evaluation results, it can be concluded that, (1) Dilkumjakpol forum yet effective, although there are variations among the five provinces., DIY considered more effective than other provinces in terms of coordination. (2) there are three factors that make it difficult for law enforcement in Indonesia in realizing the framework of the Integrated Criminal Justice System, namely management factors, institutional factors and factors with a variety of substances among the five provinces. Variations in question are contained in the terms of the management regarding the new budget budgeted in 2012, limited human resources, ego sectoral leadership and commitment of each agency. The same variation also occurs in the institutional factors and factors of substance.
Implementasi Ranham Generasi Ketiga tentang Pencemaran Udara dan Air Akibat Limbah Industri di Provinsi Jawa Timur Firdaus, Firdaus
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.2014.5.77-89

Abstract

National action plans on human rights (ranham) the third generation is an attempt is conceived of as the guidelines of reverence, protection, promotion and fulfilment of human rights and human rights to the state responsibilities and obligations for citizens. But in the implementation of not in accordance with government policy, the focus of local governments must consider, the potential, and the problems not yet fulfill the good and healthy environment for the community. The condition of the environmental quality that is less good on water and air pollution caused by industrial waste.This writing ranham trying to unravel the readiness of the implementation of the committee, and to know local government policy in order to ranham pro environment. A method of the research uses a method of qualitative berciri descriptive analytical, with data collection techniques primary and secondary sources of accurate data, the inventory of the legislation relating to data.
Pemenuhan Hak Atas Kebutuhan Seksual Warga Binaan Pemasyarakatan Nugroho, Okky Chahyo
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.2015.6.131-146

Abstract

Protection of Human Rights (HAM) in a correctional environment increasingly viable echoed today, in line with international human rights normativity that constantly integrated into the national system of Indonesia. This directly impacts the progresitvitas protection of individuals, in this case prisoners, during a period of coaching in the penitentiary. Nevertheless, it still remains a matter of public discussion is related to the fulfillment of the right to sexual needs for prisoners. Of course, many things that need to be considered in the design of the mechanism of the right to sexual needs of prisoners. It is intended to determine how states apply the principle of proportionality in the context of the right to sexual needs of prisoners. Through a qualitative approach is accompanied by interviews, this study is expected to eventually be the subject of penal policy formulation to be more advanced aspects of the protection of civil rights of the individual, taking into account the security aspects and the social order of society. This study found a significant relationship between the right to sexual needs against sexual perversion and crime and divorce rates inmates. Nonetheless, found an interesting phenomenon that shows the differences between inmates paradigm sexual needs of men and women, and yet there is a setting that specifically regulates sexual fulfillment for inmates. Therefore, the fulfillment of sexual needs as rights of prisoners should be regulated by a variety of restrictions and review of institutions adhering to the values of society and does not injure the value of public justice.
Kajian Atas Kasus-Kasus Pelanggaran Ham TKW di Luar Negeri (Studi Kasus di Provinsi Sumatera Utara dan Disadur dari Hasil Penelitian Pusat Penelitian Hak-Hak Kelompok Khusus Tahun 2010) Nugroho, Okky Chahyo
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.2012.3.76-102

Abstract

Human Rights Violations of Labor Women that have emerged so far such as unpaid salary and abused by employers are crucial issues as it involves inter-state relations. On the one hand, Indonesia intends to preserve the harmony of Indonesia’s diplomatic relations, but on the other hand such problems have brought grief issues for migrant workers and their families. The problem is that how the protection of migrant workers’ rights who are working abroad is to be implemented; What are the causing factors of the occurence of human rights violations over maids working abroad, especially in Malaysia, and what steps needed to be taken to provide protection of migrant workers who are working abroad. The purpose of this study was to determine and to describe the practice of human rights protection. The method used is a qualitative approach with descriptive type (empirical juridic) and in answering the research problem, the research uses documentary research and field research. While the research is to evaluate the practice of human rights protection in order to find the causative factors of human rights abuses over migrant workers working in foreign countries, and measures that are needed to be done to prevent the occurrence of violations of Labor Women in the future.
Kebijakan Pemerintah Daerah dalam Pemenuhan Hak Atas Kesehatan bagi Masyarakat Miskin di Provinsi Sulawesi Selatan Firdaus, Firdaus
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.2014.5.15-26

Abstract

Health can be defined as a good and perfect condition physically, mentally and socially, hence cannot just be assumed as a condition of physical illness or infirmity. The right to health is guaranteed under Article 28 H (1) and Article 34 (3) of the fourth Amendment of the 1945 Constitution. This right is also universally recognized in various international instruments of human rights law, such as under Article 25 (1) of the UDHR, and Article 12 of the Covenant on ESC rights (economic , social , and cultural). The purpose of this study is to describe the government’s policy on health programs for the poor, and also describe several constraints in implementing the program. This study shows that the implementation of the local government’s policy concerning health insurance for the poor is yet to be optimal in fulfilling the right to health care for the poor. The health program set up by the local government including JAMKESMAS, Jamkesda, Jampersal, and Non-Quota Jamkesmas, is yet to be maximized and there are still many shortcomings that need to be improved. 
Hak Perlindungan Sosial bagi Buruh Migran Informal: Sebuah Perbandingan di Beberapa Negara Hardjaloka, Loura
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.2015.6.65-75

Abstract

In order to protect informal migrant workers (“BMI”), both sending and receiving countries should provide social protection such as training, mentoring, social security and others as part of the BMI’s rights. The obligation to provide social protection for BMI is stipulated in instruments and standards in the international level such as the United Nations Declaration on Human Rights and ILO Convention No. 102 of 1952; and in the ASEAN level. Based on a normative juridical research on the social protection system for BMI in Indonesia and other ASEAN countries, it is found that social protection does not provide maximized yet by not providing social security to the BMI, which is useful to provide compensation and to protect their financial well being. Recent alternative, the government of ASEAN countries requires employers to insure that the employment BMI and BMI can participate voluntarily in the insurance schemes, which are available in the country. Nonetheless, in order to meet human rights of BMI in obtaining social security thus the Indonesian government which is currently revising Law No. 39 Year 2004 concerning the Placement and Protection of Indonesian Workers expected to provide social security scheme for BMI and the implementation of social security can be integrate with the ASEAN countries and other destination countries so BMI can obtain social security benefits wherever they are.
Remisi hukuman dan konstitusionalitas hukuman penjara seumur hidup di Seychelles Mujuzi, Jamil Ddamulira
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.2024.15.63-84

Abstract

This article critically examines the legal framework surrounding life imprisonment in Seychelles, particularly in light of recent legislative and judicial developments. Historically, Seychelles' legal landscape allowed for the remittance of sentences for all prisoners except those serving life terms or convicted of severe drug offenses. Prior to 2021, ambiguity existed regarding whether life imprisonment necessitated incarceration for the entirety of an offender's life, leading to varied interpretations and inconsistent practices wherein some individuals were released after 15 to 20 years of imprisonment. This uncertainty was addressed by an important decision of the Seychelles Court of Appeal, which asserted that life imprisonment should indeed mean incarceration for the remainder of the convict's natural life. Subsequently, legislative amendments in 2021 codified this understanding within the Criminal Procedure Code, expressly defining life imprisonment as confinement for the duration of the offender's life. However, the article argues that such a statutory definition and practice may contravene fundamental human rights principles, particularly concerning human dignity and protection from inhuman or degrading treatment. Drawing on comparative jurisprudence from various African jurisdictions, decisions of the European Court of Human Rights, and standards articulated by international human rights bodies, the author contends that indefinite life imprisonment without the prospect of release violates prisoners' rights enshrined in international law. Furthermore, the author invokes the drafting history of Article 10(3) of the International Covenant on Civil and Political Rights (ICCPR), emphasizing that the intent behind the provision was to safeguard against overly punitive sentences that deny any possibility of rehabilitation or eventual release. This historical context, according to the article, supports the argument that Seychelles' current approach to life imprisonment undermines its obligations under international human rights norms. Moreover, the Constitution of Seychelles grants the President discretionary powers under Article 60 to commute sentences, theoretically enabling the release of individuals sentenced to life imprisonment. This aspect introduces a layer of executive discretion that intersects with constitutional principles and international human rights standards, warranting further examination and critique. In conclusion, the article posits that Seychelles' statutory definition of life imprisonment raises constitutional and human rights concerns, advocating for a reevaluation of current practices in light of international legal standards and principles of justice.
Kesamaan Kesempatan Kerja bagi Penyandang Cacat di Sektor Swasta Firdaus, Firdaus
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.2012.3.61-77

Abstract

National survey data (NSES) in 2003, the number of disabled people in Indonesia as many as 1.67 million people, or 0.8 percent of the entire population of Indonesia. With disabilities as members of society and as citizens of their existence is less well cared for by fellow members of society and government. Of Law. 39 Year 1999 on Human Rights, namely Article 41 paragraph (2) Any claim with disabilities, the elderly, pregnant women, and children, are entitled to obtain facilities and special treatment. Article 42 which states every citizen who are elderly, physically disabled or mentally disabled and entitled to special care, education, training and assistance at the expense of the state, to ensure decent life with dignity, enhance self-confidence and ability to participate in the life society, nation and state. Problem is how to get the right people with disabilities equal opportunity in employment in the private sector? The purpose of this study was to determine the right of persons with disabilities equal opportunity to obtain employment in the private sector.
Kedudukan Dewan Perwakilan Rakyat (DPR) dalam Penyelesaian Pelanggaran Hak Asasi Manusia yang Berat Kurniawan, Arief Rianto
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.2013.4.22-30

Abstract

Government has yet to implement the four recommendations once submitted by the DPR to the government, particularly the completion of cases of alleged human rights violations in the past, showed that there was no political will from the government to implement the recommendations . House of Representatives as part of determining whether or not an event for past human rights violations prosecuted merely regarded as a formality. That provision was justified Law No. 26 Year 2000 on Human Rights Court which authorizes Parliament to establish the Ad Hoc Court. However, the investigation is not by Parliament but by an independent agency such as the National Human Rights Commission.

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