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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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Model Aksi Afirmatif Pemenuhan Hak Masyarakat Adat di Kawasan Ibu Kota Nusantara (IKN) Susmiyati, Haris Retno; Grizelda, Grizelda; Harjanti, Wiwik; Alfian, Alfian; Subroto, Aryo
Jurnal HAM Vol 15, No 3 (2024): December Edition
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2024.15.219-238

Abstract

The decision to build a new capital on the Kalimantan Island called Nusantara caused various conflicts, such as the neglect and marginalization of indigenous peoples and the ignoring of their certainty of access and meaningful participation. This paper explains how the substance of the Nusantara Capital development regulation is to provide full protection to Indigenous peoples or vice versa, how it impacts the protection of Indigenous people's rights, as well as how the affirmative action model fulfills the rights of Indigenous peoples in the Nusantara Capital area. Through a socio-legal approach as the method, the results of the study found that the constitution has regulated the recognition of indigenous peoples, but in the substance of regulations related to the Nusantara capital, the phrases that regulate are very weak. The phrases used do not explicitly ensure the protection of the rights of indigenous peoples, which has an impact on various neglect of the existence of indigenous peoples. As a result, a model of affirmative action is needed for indigenous peoples in the regulation of the Nusantara capital. This includes ensuring access for indigenous peoples to be involved in policymaking. Furthermore, transparency of information in the development of the Nusantara capital is important to formulate policies that accommodate the protection and fulfillment of the rights of indigenous peoples. It is important to ensure the recognition of indigenous peoples and their living space through an affirmative action model regulated by the head of the Nusantara capital authority. 
Kisah ‘Orang-Orang Angkat Pasir’ di Semenanjung Kepala Burung: Informalitas di Pinggiran Kota Sorong Mahadika, Gilang; Pradana, Riki Ari
Jurnal HAM Vol 16, No 1 (2025): April Edition
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2025.16.25-46

Abstract

The term "mining" carries a sensitive connotation for the sand lifters on the margins of Sorong City, West Papua, who prefer to identify themselves as "orang-orang angkat pasir" (sand lifters). Their labor involves extracting sand from rivers and clearing hillsides—often through deforestation—to facilitate sand collection. The ecological repercussions of these informal sand mining activities, including deforestation, have drawn concern from local governments, residents, and environmental advocates, who view these practices as detrimental to the environment. This negative perception has contributed to the stigmatization of "sand mining" as a term and a practice. This paper examines the lives and livelihoods of sand lifters, addressing the question: How do they sustain themselves through sand mining activities? For many, sand lifting represents a last resort to survive and participate in urban development, even as their work contributes to environmental degradation. While sand mining poses significant ecological challenges, it simultaneously serves as a lifeline for marginalized communities striving to improve their living conditions. By focusing on the case of sand lifters in West Papua, this paper applies the concept of "infrapolitics" to explore the intersections of informality, political agency, and the right to livelihood in urban contexts. In doing so, it broadens the discourse on human rights, informality, and environmental justice in the region, highlighting on the complex dynamics between survival, urban development, and ecological impact.
Tindak Pidana Kesusilaan dalam KUHP 2023: Perspektif Kelompok Agama Minoritas Putri, Nella Sumika
Jurnal HAM Vol 16, No 1 (2025): April Edition
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2025.16.61-76

Abstract

Indonesia, a nation celebrated for its rich diversity of ethnicities and religions, embodies a societal pluralism that deeply influences perceptions of morality and acceptable behaviour. The enactment of the 2023 Criminal Code reflects these complexities, particularly in its use of "moral policing" to redefine adultery and criminalize cohabitation as moral offenses. These provisions were integrated into contentious articles during the Code's drafting and discussion phases, sparking significant debate. Proponents claim that the existence of these moral transgressions is consistent with Indonesian society's moral and religious values. Conversely, opponents argue that these provisions as an overreach by the state, infringing upon personal freedoms and disproportionately affecting religious minorities whose beliefs and practices may diverge from the majority. Adultery and cohabitation, the focal points of these provisions, are intrinsically linked to the institution of marriage. In Indonesia, marriage transcends its administrative role and is deeply embedded within religious and cultural traditions. This dual significance renders the issue particularly contentious, as interpretations of marriage vary widely across the country's diverse communities. The ambiguity surrounding the definition of "marriage" within the legal framework raises concerns about potential discrimination. Minority religious groups, particularly those whose marital practices are not formally recognized or registered, may find themselves vulnerable to legal repercussions under the adultery and cohabitation clauses.  This article seeks to delve into the nuanced effects of these regulations, focusing on their potential to disproportionately affect religious minorities and the broader question of balancing societal norms with individual liberties in a diverse nation.
Pedasaran Filsafat Hak Asasi Manusia Menurut Höffe and Lohmann Madung, Otto Gusti Ndegong; Mai, Adrianus Yohanes; Mere, Winibaldus Stefanus
Jurnal HAM Vol 16, No 1 (2025): April Edition
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2025.16.1-10

Abstract

This article aims to philosophically justify the universality and the existence of human rights. Historically, the concept of human rights has evolved according to the context in which human rights are lived. One of the themes of debate is how human rights are justified or validated and how they can be universally accepted. Philosphers always have different opinions about what constitutes the basis of human rights. This article considers Höffe and Lohmann who sepciafically address this problem. Based on the philosophical approaches of Otfried Höffe and Georg Lohmann, this research emphasizes the universal validity of human rights. On the one hand, Otfried Höffe justifies the necessity of human rights in his anthropological approach of “transcendental exchange” which is the conditions for the possibility of being human. These conditions concern humans as physical and living beings, as linguistic and rational beings, and as social and cooperative beings who have transcendent interests in their lives. On the other hand, Georg Lohmann grounds human rights through a mutual moral obligation to recognize others as equal subjects.  Moral obligation arises from a person’s ability to decide what is good or bad. Both Höffe and Lohmann ground human rights on reciprocity. In analyzing both views of human rights, qualitative method is used in this research which focuses on literature study. This research finds that the universal nature of human rights is grounded in human vulnerability, reciprocity of mutual respect, and integration of moral obligations into legal frameworks for the protection of self-determination and dignity.
Komunitas Marjinal Keturunan Indonesia di Malaysia: Dampak Keterbatasan Akses Pendidikan Tinggi Mohd Amin, Zuraidah
Jurnal HAM Vol 16, No 1 (2025): April Edition
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2025.16.11-24

Abstract

Education is one of the crucial elements needed in order to create a better nation. However, in reality, access to education is not equally accessible to all children regardless of their background. Specifically, the case of children of Indonesian immigrants in Malaysia has been impacted, as the privilege of tertiary education has been limited since the implementation of the Malaysia’s New Economic Policy in 1971. The children of Indonesian immigrants are born in Malaysia and granted Malaysian citizenship under certain terms and conditions but are not classified as a group of aboriginal people. This condition leads to the question of how far the limitation of education access impacts the long-term socio-economic status towards these children. Thus, this paper analyzed the impact on the socio-economic status of children of Indonesian immigrants in Malaysia by conducting in-depth interviews with ten informants who are facing a similar situation and who were selected from states with a high concentration of Indonesian immigrants to observe their significant impacts. Additionally, an in-deep analysis of the series of development policies introduced by the Malaysian government will be conducted in the discussion. The findings show that these limitations have a significant impact on their long-term socio-economic mobility. Furthermore, an analysis of Malaysia’s development policies reveals that the ethnicity-based quota system remains a major obstacle to accessing tertiary education for this group. This paper contributes to a continuous debate on the rights of education, citizenship, and socio-economic changes among the children of Indonesian immigrants in Malaysia. More inclusive policies are needed to ensure fairer access to higher education.
Memutus Rantai Statelessness: Mengatasi Tantangan Hak Asasi Manusia yang Dihadapi Suku Pegunungan di Thailand Artesani, Mirea
Jurnal HAM Vol 16, No 1 (2025): April Edition
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2025.16.47-60

Abstract

This paper examines the issue of statelessness and its impact on the hill tribes of northern Thailand, a mix of ethnic groups populating the Thai, Myanmar, and Laos borderlands who are facing significant challenges in accessing basic human rights due to their lack of Thai citizenship. The paper explores the historical context of how the hill tribes came to be stateless, as well as the various obstacles they encounter in obtaining legal recognition as citizens of Thailand. Drawing on academic literature and Thai legislation, this paper argues that the denial of citizenship represents a fundamental violation of human rights. It also emphasizes the secondary rights violations due to various levels of discrimination and marginalization that these groups experience, such as restricted access to education, healthcare, and job possibilities. Finally, the paper considers potential policy solutions that could address the issue of statelessness among the hill tribes. These solutions include reforming citizenship laws to provide greater access to citizenship, as well as implementing programs to promote the inclusion of hill tribe communities in Thai society while also preserving their cultural heritage. Ultimately, the paper argues that addressing the issue of statelessness among the hill tribes is not only a matter of human rights, but also essential for building a more inclusive and equitable society.
Kebijakan Kesejahteraan Sosial bagi Migran yang Menikah dan Keluarganya di Republik Korea Son, Giwoong
Jurnal HAM Vol 16, No 2 (2025): August Edition
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2025.16.95-110

Abstract

To ensure the safe settlement of marriage migrants and their families within the Republic of Korea's distinct multicultural context, it is essential to adopt both a rights-based and universal welfare approach to foster genuine inclusion. However, the current social welfare policy for marriage migrants and their families presents a social investment and labelling approach, revealing its difficulties and paradoxical impact toward their full inclusion. This study examines the social welfare policy for marriage migrants and their families, to identify and analyze the functional gaps and unintended consequences in existing welfare policies and advocate for a shift away from a labelling approach toward more inclusive and rights-based policies that support stable settlement. Through an extensive desk review of relevant research, legislation, government surveys, and policy audit reports concerning Korea’s Multicultural Family Policy, this study presents recommendations for policy revision in response to the challenges embedded within the current framework. Rather than focusing solely on the expansion of services, the findings underscore the importance of enhancing service quality and implementation processes while addressing structural forms of discrimination. The study further advocates for a rights-based approach to welfare provision, moving away from selective, group-specific targeting and discretionary or charitable measures.
Menciptakan Musuh Imajiner: Penolakan Pengungsi Rohingya di Aceh Karim, Zahlul Pasha; Zakia, Rahmah
Jurnal HAM Vol 16, No 2 (2025): August Edition
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2025.16.77-94

Abstract

The rejection of Rohingya refugees in Aceh at the end of 2023 led to various negative narratives that shaped an unfavorable image of this group in the eyes of the local community. This research argues that such rejection occurred because of the portrayal of Rohingya Refugees as a threat to society. There are two questions addressed: (1) how did social media contribute to the construction of an imaginary enemy against Rohingya refugees in Aceh?; and (2) what factors drove the shift in the attitude of the Acehnese people from solidarity to rejection? This research is conducted descriptively from various sources of literature, social media content, and news in the mass media. It also borrows the netnography method developed by Kozinets to examine the culture and communities that emerge in computer-mediated communication (social media). The findings reveal that rejection of Rohingya refugees occurs in three forms: negative sentiment expressed on social media platforms, media reports of criminal acts committed by refugees, and the perception that the Rohingya refugees were morally problematic. This phenomenon is underpinned by the ineffectiveness of state mechanisms to protect the socio-economic interests of local residents and the absence of a clear national government policy on Rohingya refugees. Consequently, rejection of refugees has led to dehumanization and created an imaginary enemy for local residents to justify their rejection of refugees. Refugees are no longer perceived as human beings, but rather as threats, burdens, or even as savages who lack of human values. Applying the concept of imaginary enemy, this study shows that the community actions justified through the perception of refugees as an exaggerated threat which gradually escalated into fear.
Legitimasi Pencabutan Kewarganegaraan dalam Hukum Hak Asasi Manusia Internasional: Studi Kasus di Nikaragua Simanjuntak, Calvin Paulus Marcelito; Christianti, Diajeng Wulan
Jurnal HAM Vol 16, No 2 (2025): August Edition
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2025.16.111-134

Abstract

The right to nationality is a fundamental prerequisite for accessing other human rights, yet its arbitrary deprivation remains a critical concern under international law. This study examines Nicaragua’s Laws No. 1055 and 1145, which authorize the revocation of citizenship based on an expanded and ambiguous definition of "treason," encompassing peaceful political acts such as supporting international sanctions. This case demonstrates how nationality, often described as the "right to have rights," is weaponized for political purposes, revealing how the misuse of citizenship laws threatens the integrity of international human rights protections against statelessness. Specifically, the study investigates whether this definition justifies nationality deprivation under the standards of the 1961 Statelessness Convention and whether such measures violate the right to freedom of expression, as protected by Article 19 of the ICCPR. Utilizing a normative juridical approach, the research analyzes international legal instruments alongside Nicaraguan domestic law and incorporates secondary data from organizations such as UNHCR. The findings reveal that Nicaragua’s practices fail to satisfy the criteria of legality, necessity, and proportionality under international human rights law and instead constitute a form of political repression. Such measures not only undermine the purpose of the 1961 Statelessness Convention but also exemplify how nationality laws can be distorted to silence dissent. Therefore, this study underscores the urgent need for stronger international safeguards against arbitrary deprivation of nationality.
Pemidanaan terhadap Perbedaan Pemahaman: Analisis Hak Asasi Manusia atas Perkara Penodaan Agama di Indonesia Rizal, Moch. Choirul; Aji, Michelle Salma Khotom; Firmansyah, Muhamad Atji; Purwanti, Unsa Elen
Jurnal HAM Vol 16, No 2 (2025): August Edition
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2025.16.135-150

Abstract

The right to have different interpretations of mainstream religious teachings in Indonesia can lead to criminal penalties. In practice, judges often rely on expert testimony to gain confidence that “those who are different” have committed the crime of blasphemy. The research method employed in this article is the Human Rights (HAM) research method, which emphasizes the study of court decisions related to criminal acts of blasphemy in Indonesia, particularly regarding the spread of beliefs that differ from the mainstream as blasphemy. The court decisions are analyzed using a human rights approach, especially the right to freedom of religion or belief (FoRB). As a result, 3 (three) of the 11 (eleven) court decisions reviewed still ignore the principle of impartiality in testing differences in interpretations of mainstream religious teachings. Judges do not open up space for dialogue to explore expert testimony from the defendant's perspective. This criminal justice practice, in turn, will undermine FoRB as a meaningful concept. In the future, differences in interpretation of mainstream religious teachings will not be a matter of criminalization, but rather of dialogue. Even if criminalization is necessary, what is prohibited is the crime of broadcasting religious hatred, the judicial process for which is carried out independently and impartially.

Page 25 of 26 | Total Record : 251

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