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Human Rights in The Global South (HRGS)
Published by Serikat Pengajar Hak Asahi Manusia Indonesia
ISSN : -     EISSN : 29625556     DOI : 10.56784
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Human Rights in the Global South focuses on the development of theories as well as practices in respecting and protecting human rights in Global South countries.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 5 Documents
 1 
Search results for , issue "Vol. 1 No. 1 (2022)" : 5 Documents clear
The Indonesian Blasphemy Law as Legal Forum for Renegotiating Indonesian Secularity Muktiono
Human Rights in the Global South (HRGS) Vol. 1 No. 1 (2022)
Publisher : Serikat Pengajar Hak Asasi Manusia Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1732.038 KB) | DOI: 10.56784/hrgs.v1i1.1

Abstract

If secularism is described merely as the decline of religious roles in public spheres or religious privatization, then there would be difficulties to put the secular term on Indonesian history. The principle of divinity “Ketuhanan Yang Maha Esa” as adopted on the “Pancasila” as state ideology has become basis for religionization and rejecting any utterance of secularism at law, State institution, or other public domain. On the other hand, Indonesia as a democratic State as well as the most populous Muslim country in the world has never put the notion of Islamic state or theocracy as its State model. Its modernity is developed under the Western idea of law supremacy or the rule of law to which a democratic political system is laid down. This situation seems to be paradoxical in the view of both religionist or modernist due to its inconsistency to their strict concept especially on Islamic state and secularism. Or, is Indonesia another example of how religion and modernity has its multiplicity based its own historical reflexivity without making clash between religion and secularism? This article is intended to seek kind of distinction on Indonesian secularity based on how its blasphemy law developed and functioned under the framework of open-ended negotiation. The first epoch assumed as the place of negotiation on Indonesian secularity was taken place on initial stage of State’s formation around transition era of independence in 1945. Then, there have been several renegotiations afterward through multiple and overlapping instruments of development such as politics, economy, law, and culture. The blasphemy law as one of such instruments will be used to read how the relevant actors of Indonesian history has constructed their own concept of state and religion included its interrelationship characters as the basis for social and structural differentiation or distinction. The expected outcome of the reading and its analysis is to reveal any evidence of Indonesian particularity on secularization which may be related to the concept of multiple secularities.
Critiques on Contemporary Discourse of International Human Rights Law: a Global South Perspective Pratiwi, Cekli Setya; Listiningrum, Prischa; Al Anwary, Muhammad Anis Zhafran
Human Rights in the Global South (HRGS) Vol. 1 No. 1 (2022)
Publisher : Serikat Pengajar Hak Asasi Manusia Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (282.231 KB) | DOI: 10.56784/hrgs.v1i1.3

Abstract

International human rights law faces various critiques among scholars such as Mutua and Posner. Mutua claims that international human rights law fails to accommodate cultural values, while Posner demands about its effectivity. Referring to Langford, this paper uses critical analytic approach to evaluate Posner’s critique and Mutua’s main thoughts. Langford counter critiques of Mutua and Posner are significant to mediate the discourses by providing current evidence. While opposing Posner and Mutua’s critiques of international human rights law, this paper supports Langford’s counter critiques because of three reasons. First, Langford's comprehension can ensure that IHRL not only accommodates individual rights but also communal rights. Second, Langford’s recent study indicates the effectiveness of international human rights law. Third, Langford develops a new optimism that social rights are justiciable although the strategic idea of integrating human rights with development still needs to be elaborated further. Therefore, it is significant to follow Langford’s suggestion to optimizing the international human rights law as the most recognized general standard to prevent human rights violation against the abusive power.
The Retention of the Mandatory Death Penalty in Trinidad and Tobago: An Ongoing Human Rights Concern Yearwood, Rico J.; Newton, Stefan K.
Human Rights in the Global South (HRGS) Vol. 1 No. 1 (2022)
Publisher : Serikat Pengajar Hak Asasi Manusia Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1801.064 KB) | DOI: 10.56784/hrgs.v1i1.4

Abstract

The Commonwealth Caribbean forms a significant part of the Global South, accounting for approximately 15% of its population. Among these nations, the Republic of Trinidad and Tobago remains the only state to retain the mandatory death penalty, in open defiance of its international human rights obligations. This legal persistence represents a critical human rights concern, particularly within the context of the Global South, where legacies of colonial jurisprudence continue to influence domestic legal systems. While prior research has addressed the broader decline of the death penalty and the role of final appellate courts in human rights protection, few studies have critically examined how judicial authority in postcolonial states sustains punitive legacies. This article contributes to Global South human rights scholarship by investigating how competing regional and imperial legal institutions—namely, the Judicial Committee of the Privy Council (JCPC) and the Caribbean Court of Justice (CCJ)—shape the retention of the mandatory death penalty in Trinidad and Tobago. Employing a comparative doctrinal analysis of case law from both courts, the study evaluates their respective approaches to the death penalty and the protection of fundamental rights. It reveals that while the CCJ prioritises human rights principles, the JCPC’s jurisprudence continues to legitimise the constitutionality of the mandatory death penalty, thereby enabling Trinidad and Tobago to avoid compliance with evolving international human rights standards. The findings demonstrate that the JCPC’s stance undermines regional human rights development and weakens the potential for progressive legal reform in the Global South. The article concludes that the continued reliance on outdated legal interpretations from an external appellate body is untenable for a democratic state committed to human dignity. It calls on Trinidad and Tobago’s Parliament to take decisive legislative action to abolish the mandatory death penalty and align national law with contemporary human rights norms.
Urgency of Online Petition to guarantee the Freedom of Speech and Participate Rights in Government Arrsa, Ria Casmi; Listiningrum, Prischa; Siswanto, Azzahrasya Sophia
Human Rights in the Global South (HRGS) Vol. 1 No. 1 (2022)
Publisher : Serikat Pengajar Hak Asasi Manusia Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1005.139 KB) | DOI: 10.56784/hrgs.v1i1.5

Abstract

The freedom to express ideas and participate in the government is often manifested through democratic voting or involvement in general elections, but the processes taking place in elections cannot fully ensure that the members of the public can get their rights to the freedom of speech and participation in the government. With doctrinal legal method, this research has found that there seems to be an urgency to initiate an online petition platform in Indonesia as an alternative channel accessible to all the members of the public in order to optimize the exercise of the freedom of speech and equal participation in the government. Online petition systems have been around in Indonesia for quite some time, initiated and managed by change.org as a private organization along with other non-governmental organizations, but the legal loophole regarding online petitions that represent public participation in forming policies has not been capable of guaranteeing the attention or responses from the government over particular issues. In order to gain more perspectives, this article compare the online petition systems in the US and South Korea that were initiated by presidential agencies, and also the online petition in Germany that is under the direct management of the Petition Committee bellow the parliament (Bundestag). Therefore, it is concluded that Indonesian president has the power to rule the government in order to respond the urgency to give protection and fulfill Human Rights, especially freedom of speech and the rights to participate in the government by setting the legal basis.
Equality Value in the Systems of the Democracy of the Tribal People of Baduy Ulum, Bahrul
Human Rights in the Global South (HRGS) Vol. 1 No. 1 (2022)
Publisher : Serikat Pengajar Hak Asasi Manusia Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1199.357 KB) | DOI: 10.56784/hrgs.v1i1.7

Abstract

This research studies the equality value in the democratic system of the tribal people of Baduy. Amidst increasingly eroded values of traditions, the tribal people of Baduy have adhered to the principle of maintaining their traditions. This research topic departed from the authors’ awareness of the tribal people of Baduy that remain in existence to date, coupled with the fact that tribal law growing amidst the tribal community has served as the root of the history that marks the identity of Indonesia. The process of law enforced in the tribal community is obvious in the process of the appointment of a puun or king. This process begins with superstitious advice (locally known as wangsit) passed by from the earlier puun. This topic is seen as intriguing especially when it is linked with the democratic systems in Indonesia, where these traditional appointment systems also comply with equality value that also exists in the democracy. This research employed empirical juridical methods and an ethnographic approach. The primary data were obtained from direct interviews and the secondary data were from library research. The research population involved all the community members of Baduy and other people living around the tribal community, while the sample involved the tribal head of Baduy, Father Mursid. The data analysis results were narrated and presented in tables before they were analyzed in a descriptive form. The research concludes that the appointment of a puun in the tribal community of Baduy also reflects equality that represents democratic values

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