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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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Pemenuhan Hak Perempuan dan Anak Korban Tindak Pidana Perdagangan Orang Terhadap Pemulangan dan Reintegrasi Sosial di Provinsi Kalimantan Barat Utami, Penny Naluria
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.2015.6.1-10

Abstract

Crime of Trafficking in Persons (TPPO), especially women and children is an act that is contrary to human dignity and a violation of human rights. The victim in this case was treated as merchandise that is bought, sold, transported and resold and deprived of their fundamental rights at risk even in death. Aims to determine the policies of local governments in the safe return of service in accordance with the needs of victims of crime of trafficking in women and children and the monitoring mechanism for victims who have been repatriated back so as not to become a victim. Necessary data consist of primary data and secondary data and the approach used is qualitative research and observation of participation that will be more talk is an informant, the researcher merely listened. Social Service is the agency responsible for handling the process of repatriation and social reintegration. Exit repatriation costs borne by the Ministry of Social region, while repatriation in the province use budget funds Provincial Social Service, in addition to the IOM also assists in the process of repatriation if there is demand. West Kalimantan Regional Police sometimes do return if the victim is domiciled in the province of West Kalimantan. Social reintegration has not run at all so monitoring of the victims who received services what is already independent and empowered. Processes are carried out only to the extent repatriation and social reahabilitasi. To do social reintegration handed over to the local government where the victims originate, which should be done jointly by the government and the government of West Kalimantan region of origin of victims to know the progress of the victim to have his life back either.
Peningkatan Kapasitas Kelembagaan Partai Politik untuk Mewujudkan Tindakan Afirmatif di Kalimantan Selatan Vikalista, Ellisa; Warsono, Hardi; Martini, Rina; Erowati, Dewi
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.2023.14.235-250

Abstract

Affirmative action is a program that promotes equal and equitable representation for the involvement and inclusion of women in politics and governance, based on the recognition that women’s rights are part of broader human rights. This study's objective is to thoroughly examine the practical use of affirmative action in national and regional political spheres, with a particular emphasis on Southern Kalimantan, which exhibits both patriarchal cultural idiosyncrasies and societal openness. Moreover, the study examines whether providing focused political education to female cadres within the established political party structure can increase women’s representation. This study selects samples from five branches of the DPD/DPW of prominent political parties identified as the top five vote-getters in the 2019 elections in South Kalimantan. The use of institutional theory is encompassed within the analytical approach. Utilizing a descriptive qualitative methodology, the process of selecting study participants involves purposive sampling, which includes primary and secondary data sources. The results of this study significantly contribute to the support and validation of affirmative action policies and improve access to women's representation by emphasizing the importance of institutional aspects inside political parties. Promoting political education for women cadres directly fulfills fundamental elements of women’s political and human rights. This effort requires the courage and generosity of political parties to advocate for special political education to be included in the party’s constitution as a formal legal basis and a long-term commitment to upholding affirmative action as a social obligation of political parties.
Dampak Pembatalan Penjelasan Pasal 43 Ayat (2) Undang-Undang Pengadilan HAM terhadap Penyelesaian Kasus-Kasus Pelanggaran HAM Berat Sebelum Tahun 2000 Sujatmiko, Sujatmiko
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.2010.1.66-86

Abstract

The objective of this research is  to examine and elaborate on the impact of the cancellation of the explanation of Article 43 paragraph (2) of Law Number 26 Year 2000 About Court of Human Rights (HAM) on the mechanisms and the role of the House of Representatives (DPR) in the formation of an ad hoc Human Rights Court and the settlement of cases of gross human rights violations which occurred before 2000, especially the cases of human rights violations which already being investigated by the National Commission on Human Rights (Komnas HAM). The research is an  eksplanatory research. The research use a qualitative method of qualitative. Data collection techniques being used are literature studies by analyzing the legal materials, both primary legal materials or secondary legal materials and field studies carried out using in depth interview with informants handpicked among the prosecutors, judges, scholar, governmental institution, the ad hoc judges of Human Rights and National Human Rights Commission.The research results can be drawn some conclusions. First, the decision to the Court Number 18/PUU-V/2007 in fact did not eliminate the role of the parliament in the formation of an ad hoc human rights court. Second, the House of Representatives decision to recommend the establishment of an ad hoc Human Rights Court shall be based on the results of investigations conducted by Komnas HAM and the results of the investigations conducted by the Attorney General. Third, the formation mechanism of the ad hoc Human Rights Court began with the investigation by Komnas HAM, followed by an investigation by the Attorney General, afterwhich the investigation findings are submitted to Parliament for the recommended establishment of an ad hoc Human Rights Court by the president. And fourth, the cases of alleged human rights violations that already have been investigated by Komnas HAM should be followed up by the Attorney General’s should the documentation of the cases meet the formal and material requirements. But if the Attorney General considers those documents to be incomplete formally and materially, the Attorney Court should provide guidance to the National Commission on Human Rights Commission, especially to explain the shortages are the result of the investigation.The recommendations can be given are, first, the decision of the Constitutional Court No. 18/PUU-V/2007 should be socialized, especially to the law enforcement officials and the legislature, because this decision has confirmed and clarified the role of the Parliament, Commission, and the Attorney General in recommending the establishment of an ad hoc human rights court by stressing that the decision should be based on the results of the investigations conducted by Komnas HAM and the investigation conducted by the Attorney General. Considering that the decision of the Constitutional Court are final, the need for socialization has become more evident. Second, the Attorney General’s Office and National Human Rights Commission need to sit down together to compromise concerning the above decision of the Constitutional Court regarding the procedure and mechanism for investigations, as well as the standard that must be met for the transfer of a case of human rights violations in the past. 
Perspektif HAM dalam Pemulihan Kegiatan Usaha bagi Masyarakat Ekonomi Lemah di Daerah Pasca Gempa Rahjanto, Rahjanto; 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.2013.4.35-50

Abstract

The impact of natural disasters directly affect the livelihood of the people in the area after the earthquake. States should make efforts in accordance with the real situation in the area and emergency conditions after the earthquake . This includes implementing restoration projects of economic activity, including the opportuni- ties and livelihood are disrupted by natural disasters, should begin immediately. The study used a qualitative approach. Data collection was conducted in 5 provinces, namely Bengkulu; West Java; West Sumatra; Aceh; Yogyakarta. Partnership with central government and local government agencies, or other agencies in the recovery of business activity so that people more easily determine which line of business can be carried out in accordance with theirsa expertise before the earthquake. Field findings indicate recovery operations for the poor economic people in the region after the earthquake in the repair of facilities, provision of capital and the provision of tools that are used for subsistence. Obstacles encountered in each of the provinces affected by the earthquake have almost the same problem, namely the unclear division of tasks between the Regional Disaster Management Agency (BPBD), Social Services, Department of Public Works.
Pelaksanaan Kampanye Pemilihan Kepala Daerah (Pilkada) dalam Perspektif Hak Asasi Manusia (Studi Kasus di Provinsi Kalimantan Barat) Nugroho, Okky Chahyo
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.2014.5.91-104

Abstract

Election is the momentum for the community to voice communication rights are implemented through political campaigns. Politics in the election campaign is one important step in the implementation of procedural democracy . In practice, political campaigns are conducted in some areas yet despite the sentiments which tend to be discriminatory . Issues raised in this study is how the picture of the practice of regional head election campaigns (elections ) in West Kalimantan; picture of how the election campaign nuanced pattern of human rights; how the efforts of the government and election organizers in addressing and preventing practices that are not nuanced human rights campaign . The purpose of research is to describe the practice of election campaigns that occurred in the province of West Kalimantan and the factors supporting the election campaign nuanced discrimination ; obtain a pattern of human rights nuanced election campaign ; know the government’s efforts in addressing and organizing election campaign practices are not nuanced human rights . As for the substance of human rights that the boundaries in this study include : the right not to be treated in a discriminatory manner in the course of the campaign . The method used in this study using a qualitative approach to the descriptive nature of the research . Techniques of data analysis and information gathered from informants and interviewees then performed a qualitative analysis of the substance , context , and the relationship between the audience campaigners from the aspect of human rights. Based on field data still use the election campaign practices of political identities (ethnic , religious , and regional) as a strategy in the campaign . Elements of the campaign include dilakuakan substance , context , and relationships in the campaign was marred by discrimination regionalism , ethnicity , and religion to seek public sympathy.
Internalisasi Nilai Perdamaian pada Kurikulum Pendidikan Tinggi Yuliyanto, Yuliyanto
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.2015.6.147-156

Abstract

The rise of cases of violent conflict in the student cause public unrest. To minimize such conflicts need to be instilled in students the values of peace which can be obtained by students through higher education curriculum. In the context of creating it, and then in the education world need to insert three important aspect, namely cognitive, affective and psychomotor. Cognitive aspects relating to wit or intellect; aspect affective related to feelings and emotions; while the psychomotor includes the ability of skill physical in do or finish a job. The purposes of this study are: (1) to determine the formulation of development policy of peace carried out in universities (portrait of three colleges in West Kalimantan); and (2) to determine the strategies and methods that are relevant in the values of peace which have implications for the prevention of violence. This study used qualitative research methods by using in-depth interviews to collect data. The study recommends to the Directorate General of Higher Education to develop a constructive pattern in integrating curriculum in the Universities to internalize the values of Peace.
Evaluasi Pelaksanaan Kurikulum Berbasis HAM pada Sekolah Dasar Utami, Penny Naluria; Zainuddin, Denny
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.2010.1.1-12

Abstract

The Government needs to propose human rights-based education for all level of education, i.e. from Elementary School to  the University. Human Rights education activities expected to become an integrated approach through daily activities of civil society. Human rights-based of education represent of continuing of the Decade for human rights education (1995-2004). Ministry of Education recommended to UNESCO proclaimed human rights-based education system for level of education. Human rights issues will be implemented into curriculum of education for elemantary and secondary level and integrated to religious subjects.
Perlindungan dan Pemenuhan Hak Anak (Balita) Atas Kesehatan terhadap Bahaya Asap Rokok Primawardani, Yuliana
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.2012.3.103-117

Abstract

Every child has the right to health. Nonetheless, not all children’s right can be fulfilled if the people around them do not have the awareness to stop smoking or to smoke in a designated place. The dangers of cigarette smoke will not only cause disease to the children, but the fetus in the womb will be affected by the negative impact of cigarettes. Various rules applied are yet to be effective as there is no strict sanctions for violations conducted. Therefore, it requires the government’s attention so that the rights of children to health can be met.
Perlindungan Hak Berpartisipasi dan Hak untuk Memiliki Akses ke Pelayanan Publik bagi Suku Anak Dalam Michael, Donny
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.2014.5.27-40

Abstract

One group of Indonesian society is still relatively underdeveloped Remote Indigenous Communities (KAT), one of which is Tribal Children In. The condition is as a result of their limited access in many areas, including the lack of participation in the implementation of public affairs, the right to elect and be elected and the right to have access to public services as stipulated in Article 25 of the International Covenant on Civil and Political Rights (ICCPR). This study aims to (i) determine protection of the right to participate in government and the right to have access to public services for SAD, (ii) determine the local government policy in the protection of the right to participate in government and the right to have access to public services for SAD, and (iii) determine the policy implementation of the protection of participating in government and the right to have access to public services for SAD. This is a descriptive study using a qualitative approach, where the data was obtained through in-depth interviews with multiple informants (the public and the authorities), the study of literature and documents studies. This study chose a case study in data analysis methods. The purpose of the case study is to provide a detailed overview of the background, and character traits that are typical of the case, or the status of individuals who later from typical properties were going to be used as a general thing. While the benefits expected from the implementation of this study is the availability of policy recommendations that can be used by related agencies in an effort to provide protection against the SAD for the right to participate in government and the right to have access to public services.
Implementasi Pendidikan Inklusif dalam Pemenuhan Hak Anak Berkebutuhan Khusus di Kalimantan Selatan Firdaus, Insan
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.2015.6.77-90

Abstract

Inclusive education is one of the government’s efforts to fulfill the right to education for Children with Special Needs. The essence of Inclusive Education is to provide space and opportunities for children with special needs to get education as children in general without discrimination. Era of regional autonomy, the implementation of inclusive education is the responsibility of local governments. Therefore, the local government has an important role in the success of inclusive education. Kalimantan Selatan is a province that is a pioneer in the delivery of inclusive education. This study discusses how the implementation of inclusive education in Kalimantan Selatan. This study used a qualitative approach supported by quantitative data on four indicators of the fulfillment of the right to education, namely availability, affordability, acceptability and adaptable. It can be concluded that the government of Kalimantan Selatan province strongly supports the implementation of inclusive education, but in practice there are still obstacles, among others, the availability of inclusive schools that have not been evenly distributed in each district, the availability of guidance counselor particular, means of infrastructures supporting inclusive education and understanding and awareness of local leaders and community towards inclusive education.

Page 23 of 26 | Total Record : 251

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