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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. 3 No. 1 (2024)" : 5 Documents clear
Human Rights and Democracy: Can the President's Constitutional Disobedience Be Used as Grounds for Impeachment? Aritonang, Syofina Dwi Putri; Muchamad Ali Safa'at; Riana Susmayanti
Human Rights in the Global South (HRGS) Vol. 3 No. 1 (2024)
Publisher : Serikat Pengajar Hak Asasi Manusia Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56784/hrgs.v3i1.80

Abstract

The protection of human rights is essential in a democratic society. This paper examines the historical context of regulating presidential impeachment in relation to human rights violations by exploring the legal framework governing such actions, particularly focusing on the President's response to the Constitutional Court's decision. For instance, the Constitutional Court's Decision Number 91/PUU-XVIII/2020 declared the Job Creation Act conditionally unconstitutional and prohibited the issuance of any implementing regulations based on it. Nevertheless, the President went ahead and issued Presidential Regulation Number 113 of 2021, which constitutes a violation of the Universal Declaration of Human Rights (UDHR) and the 1945 Constitution. This study used normative legal research, with statutory and comparative approaches, and interpreted legal materials through constitutional and historical lenses. The findings indicate that Indonesia, having similar experiences of the United States, South Korea, and the Philippines, lacks comprehensive regulations for impeaching the President based on human rights violations. Additionally, there is a gap in the regulations concerning the President's defiance of the Constitutional Court's decisions. Therefore, this paper proposes that the definition of violations related to impeachment be limited to the President's oaths as stated in Article 9(1) of the 1945 Constitution. If the President fails to comply with the Constitutional Court's decision, they should be held accountable through the impeachment process. Finally, it is necessary to amend Article 10(3)(d) of the Constitutional Court Act to include specific qualifications for presidential misconduct.
Sad Kerthi as a Legal Concept of Self-Determination for Indigenous People in Bali Prasada, Dewa Krisna; Nurjaya, I Nyoman; Sulistyarini, Rachmi; Muktiono, Muktiono
Human Rights in the Global South (HRGS) Vol. 3 No. 1 (2024)
Publisher : Serikat Pengajar Hak Asasi Manusia Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56784/hrgs.v3i1.82

Abstract

This study aims to examine the historical and cultural aspects of Sad Kerthi as a legal terminology that is part of the traditional knowledge of indigenous people in Bali, one of Indonesia’s culturally richest provinces. The recognition and respect for indigenous communities have been a significant topic outlined in Article 18B paragraph (2) of the 1945 Constitution. This Article underpins legislations and regulations aimed to empower indigenous communities to exercise self-governance in their social context within the framework of the contemporary globalised society. By using socio-legal research methods with a statute approach and legal facts, this research finds that the lack of a legal definition of Indigenous people adversely impacts the self-determination of Indigenous people in Indonesia. At the same time, the common problems faced are not unequivocal, by considering Bali, Sad Kerthi as local wisdom is incorporated in Bali Province Act 15/2023. This legislation is further broken down into local regulations that allow Balinese communities to preserve their social structures and self-determination in everyday activities. Based on legal evidence collected from three different types of customary villages in Bali, which are Baliaga, Apanage, and Anyar, the indigenous communities in each of these traditional villages are autonomous and enjoy specific privileges maintained since their ancestors.
Deconstructing ‘Learning Spaces’: A Narrative Inquiry on the Right to Education in Indonesia Andaya, Raymond; Kihara-Hunt, Ai; Winanti, Kenya; Fairuza, Fathia
Human Rights in the Global South (HRGS) Vol. 3 No. 1 (2024)
Publisher : Serikat Pengajar Hak Asasi Manusia Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56784/hrgs.v3i2.85

Abstract

This article critically examines how educational practices and spatial dynamics contribute to the (re)production of discourses surrounding the right to education. Through a narrative inquiry involving Indonesian educators working in non-state ‘learning spaces,’ it highlights both the opportunities and challenges that influence rights-oriented assessments of educational landscapes. Adopting a spatial approach to human rights analysis, the article utilises the concept of a ‘learning space’ as an analytical framework. It explores learning spaces in three key dimensions: (1) as a physical or environmental platform that demands adaptation, (2) as an agent for democratising ‘right to education’ discourses, and (3) as a flexible tool that can be managed according to the contextual needs of the educational environment. The article presents three key findings based on a spatial analysis of non-state learning spaces in Indonesia. First, while we concur with previous literature that the physical environment of learning spaces can limit pedagogical approaches and learning outcomes, it can also foster adaptable educational strategies that transform and complement traditional methodologies. Second, these spaces serve as agents of educational policy and practice, engaging with duty-bearers such as the government, civil society, parents, students, and other actors working to fulfil the right to education. Third, learning spaces are malleable tools that can be customised to suit local contexts, providing personalised learning experiences tailored to the needs of diverse student populations. While the findings of this narrative inquiry do not claim to capture all the ways learning spaces influence discourses on the right to education, the socio-spatial analysis offers a deeper understanding of how physical and social contexts shape educational rights. The article suggests directions for further research into rights-oriented educational policies and practices that take into account the flexibility and agency of non-state learning environments.
Conflict Resolution of Authoritarianism: Measuring the Stability of Human Rights Settlement Hegemony in Rohingya Alfarisi, Muhammad Adib
Human Rights in the Global South (HRGS) Vol. 3 No. 1 (2024)
Publisher : Serikat Pengajar Hak Asasi Manusia Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56784/hrgs.v3i1.97

Abstract

The Southeast Asian region has witnessed violent human rights violations in recent years with the 2012 Rohingya ethnic conflict in Myanmar. This has led to tensions between countries in the ASEAN region, which has an important influence on hegemonic stability in attempting conflict resolution or peace. This study expresses the power of conflict resolution in the Southeast Asian region over human rights violations in Rohingya, which is a qualitative study using the theory of conflict described by Galtung regarding peace. Theoretically, this research has the hegemonic power needed to create international system stability and security in the ASEAN region. The Rohingya conflict caused many refugees to transmigrate to neighboring countries. This condition is a security concern in the Southeast Asian region to be unstable. Therefore, hegemonic power is needed to create stability in the ASEAN region. On this basis, ASEAN addresses several problems among its member countries and strengthens cooperation and the rule of law in the international world regarding human rights. So that Southeast Asian countries through conflict management, from military, economic, political, ideological, and institutional as one of the hegemonic forces between ASEAN regions that realize peace. Thus, the author argues the importance of the role of ASEAN countries as a mediator point towards peace and diplomacy in resolving conflicts over human rights violations through cooperation and reducing humanitarian tensions so as to create equality, togetherness between people.
Integrating Women's Rights and Climate Migrant Protection: Bridging Gaps in Vietnam Ta, Khanh Linh; Linh, Pham Khanh
Human Rights in the Global South (HRGS) Vol. 3 No. 1 (2024)
Publisher : Serikat Pengajar Hak Asasi Manusia Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56784/hrgs.v3i2.109

Abstract

Southeast Asia, a region at the forefront of the climate crisis, is experiencing a surge in climate-induced displacement, with projections indicating that 3.3 to 6.3 million internal displacements may occur in the lower Mekong sub-region by 2050. Climate migration in the Global South is not merely a matter of environmental survival but also a significant human rights concern—particularly for women. Female climate migrants are especially vulnerable to gender-based violence, trafficking, and restricted access to essential services such as sanitation, reproductive healthcare, and psychosocial support. Despite growing awareness, the intersectional vulnerabilities of these women remain insufficiently addressed in both academic literature and legal policy. While previous research has explored climate migration and women’s rights separately, few studies have engaged with their intersection—particularly within Global South contexts. This study seeks to bridge that gap by examining the identity, legal recognition, and lived experiences of female climate migrants, with Vietnam serving as a representative case study. The research employs a comparative legal analysis of international and Vietnamese legal frameworks, evaluating how existing laws conceptualise and safeguard female climate migrants. Methodologically, it draws on interdisciplinary literature and human rights-based approaches to interrogate both normative and practical gaps in protection. The findings reveal that prevailing legal regimes tend to classify women either as victims of climate disasters or as migrants, without adequately accounting for the convergence of these identities. This oversight contributes to fragmented protections and critical policy blind spots. In response, the study proposes a holistic framework that incorporates gender-responsive and climate-specific considerations into migration law and policy. By foregrounding the voices and rights of female climate migrants in the Global South, this research contributes to the advancement of human rights scholarship and advocates for inclusive, intersectional, and contextually grounded legal reforms. It highlights the urgent need for policies that not only address environmental displacement but also uphold the dignity and rights of the most affected.  

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