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B. Lora Christyanti
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Pusat Strategi Evaluasi dan Publikasi Kebijakan Hukum, Badan Strategi Kebijakan Hukum, Kementerian Hukum Republik Indonesia, Jl. Raya Gandul No. 4, Gandul, Kec. Cinere, Kota Depok, Jawa Barat, Indonesia - 16514
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INDONESIA
Jurnal HAM
Published by Badan Strategi Kebijakan Hukum, Kementerian Hukum Republik Indonesia
ISSN : 16938704     EISSN : 25798553     DOI : https://doi.org/10.30641/ham
Core Subject :
Focus and Scope Given that the study of human rights involves many scientific elements that are interdisciplinary in nature, Jurnal HAM accepts submissions of scientific articles discussing human rights in Indonesia and beyond from the lens of, but not limited to, legal studies, social sciences, politics, languages, international relations to communication. The scope of human rights writing covers two aspects, namely Civil and Political Rights and Economic, Social and Cultural Rights, with the scope of study areas such as: Case studies on human rights issues; Regulation and protection of human rights; Economic, social and cultural rights; Civil and political rights; National and international human rights policies; Human rights in law enforcement; Business and human rights; Institutions and institutionalization of human rights. The study areas mentioned above are not an exhaustive list of studies on human rights. For this reason, the Jurnal HAM remains open for manuscripts with objects to be analyzed related to human rights.
Arjuna Subject : -
Articles 259 Documents
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Reaktualisasi Hak Atas Pelayanan Kesehatan Mental Pasca Pandemi Covid-19 di Indonesia: Sebuah Ius Constituendum? Zaki Priambudi; Namira Hilda Papuani; Ramdhan Prawira Mulya Iskandar
Jurnal HAM Vol 13 No 1 (2022): Edisi April
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2022.13.97-112

Abstract

The Covid-19 pandemic has increased the need for mental health services in Indonesia. However, the government hasn't prioritized the mental health aspect in handling the pandemic. The WHO has stated that the COVID-19 pandemic has created a worldwide mental health crisis. This article aims to examine whether the fulfillment of mental health is the state's responsibility, what is the urgency of the fulfillment of mental health services and how is the ius constituendum for the fulfillment of the right to mental health services in Indonesia. By combining doctrinal research and Research-Oriented Reform, this article finds that based on the UDHR, ICESCR, 1945 Constitution of the Republic of Indonesia, Health Law, and Mental Health Law stipulate that the fulfillment of mental health services is the state's responsibility. However, Indonesia law hasn't fulfilled facilities and access to mental health laws. Therefore, the article recommends three things. First, Promulgate the Psychology Practice Bill which regulates the development and management of human resources in the psychology profession. Second, Ratify the Government Regulation of the Mental Health Law regarding the procedures for implementing mental health services. Third, Ratify Regional Regulations to regulate mental health administration's planning, financing, and supervision.
The Dilemma of Hospitality: Revisiting Indonesia's Policy on Handling Refugees Under International Law Ganesh Cintika Putri
Jurnal HAM Vol 13 No 1 (2022): Edisi April
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2022.13.113-130

Abstract

Presidential Regulation No. 125 of 2016 is the first regulation that provides a normative framework to manage refugees and asylum seekers in Indonesia. However, many scholars believe that this regulation is simply an institutionalization of several existing informal practices, and it does not introduce any substantive changes to ensure refugee protection. This paper analyzes the content of the Presidential Regulation, including its background, structure, wording, and its aims. In addition, this study identifies the limits of the regulation in fulfilling, protecting, and respecting human rights based on the international human rights instruments. This article contends that the Presidential Regulation portrays what I call dilemma of hospitality. It reflects on the one hand, the regulation welcomes the refugees by providing mandates to the authorities to rescue those stranded at sea and to provide accommodation during their stay. On the other hand, the regulation implies a kind of distrust to the refugees"”treating them as a threat, limiting their movement, and forbidding them from work. The dilemma by and large affects the effective fulfillment of the rights of the refugees. This study offers some policy recommendations.
Tindakan Membuka Identitas Pasien Terkonfirmasi Covid-19 oleh Rumah Sakit Berdasarkan Hak Asasi Manusia dan Hukum Pidana Hwian Christianto; Ervin Dyah Ayu Masita Dewi
Jurnal HAM Vol 13 No 1 (2022): Edisi April
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2022.13.131-150

Abstract

Hospitals face dilemma concerning covid 19 patient identity. On one side, they are imposed by an obligation to secure the confidentiality of patients with covid 19, but on the other side, they must inform the patient's identity to government. The act of revealing identity of patient with covid 19 taken by the hospital raises debate from human rights perspective and whether it violates the law or not. The normative Juridical method was used to solve this problem through approaches of prevailing law and concepts on human rights in medical ethics and unlawful act. The result showed that revealing a patient's identity with covid 19 based on nonmaleficence principle in bonum commune context can be lawful and fulfill human rights on behalf of covid 19 management. Moreover, based on the penal code, revealing the identity of a patient with covid 19 taken by a hospital is lawful in an emergency setting (noodtoestand).
Upaya Perlindungan Anak terhadap Perkara Hadhanah Anton Afrizal Candra
Jurnal HAM Vol 13 No 2 (2022): Edisi Agustus
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2022.13.187-198

Abstract

The hadhanah often lead to problems regarding law enforcement and the protection of children. The hadhanah case after being decided by the judge turned out to have no executive power when hadhin or hadhinah who had the obligationand responsibility to fulfill hadhanah financing could not implement it. This study aims to determine the efforts that can be made to protect children, especially against hadhanah problems from the perspective of Law Number 35 of 2014. The nature of this research is descriptive and the type of research is normative juridical, with a statutory approach and conceptual approach. Data collection was done by conducting literacy studies, and analyzing qualitatively. The results of the study found a form of legal protection for children as the executorial power against hadhanah case decision based on Law Number 35 of 2014.
Pemenuhan Hak Santri atas Kasus Pelanggaran Hak Asasi Manusia oleh Oknum Pondok Pesantren Suci Amelia Harlen
Jurnal HAM Vol 13 No 2 (2022): Edisi Agustus
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2022.13.199-214

Abstract

Sexual violence is one of the human rights violations in which women are the dominant victims. To date, most victims who have experienced violence are reluctant to submit complains because they do not know that the situation that happened to them was violence and because of the lack of support from their families. The female students who became the victims had been lured by their ideals, lied to for religious reasons, and were verbally threatened by HW. The focus of this research is to analyze what kind of human rights violations that were committed by the leaders of Islamic boarding schools against female students. The research method uses empirical juridical because it examines the situation happened what is happening in society. This study aims to provide solutions to violations against human rights that have occurred and as anticipation so that similar human rights violations do not occur. The results of the study show that sexual violence can be prevented by providing sexual understanding to children, providing complaint services, and having parental control over children. However, if sexual violence has occurred, then the state needs to help in providing access to education and access to health for victims, as well as punish the perpetrators.
Tanggung Jawab Negara dalam Pemenuhan Hak Atas Kesehatan Jiwa dihubungkan dengan Hak Asasi Manusia Lefri Mikhael
Jurnal HAM Vol 13 No 1 (2022): Edisi April
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2022.13.151-166

Abstract

The frightening global situation due to the COVID-19 pandemic has caused various problems related to health conditions, including mental health crisis. The fulfillment of mental health as part of human rights is a logical consequence of the ratification of the International Convention on Economic, Social, and Cultural Rights by Indonesia. The State as the duty bearer is obliged to fulfill, protect and respect every existing human right, including the right to health. This research aims to examine the relation between the regulation of the human right to health and the right to mental health and the State's responsibility through the implementation of the fulfillment of mental health rights. The method used is doctrinal legal research. The result of the analysis found that the mental health right is an integrated part of the right to health with the main responsibility for fulfilling it is the State's obligation according to the current constitution. There are several forms of substantial efforts by the State to fulfill it. Those implementation forms require efforts to increase and equalize facilities by the State to fulfill mental health right maximally.
The Study on the Coronavirus Pandemic Using Human Rights and Human Security Approach Indah Pangestu Amaritasari
Jurnal HAM Vol 13 No 2 (2022): Edisi Agustus
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2022.13.215-234

Abstract

In March 2020, The World Health Organization (WHO) finally announced a coronavirus or Covid-19 disease outbreak as a pandemic. According to WHO, the status of a pandemic is determined if a new disease has not had an antidote against the spread of the virus in regions of the world. The virus attacked individuals and no doubt the impact on people is significant, which relates to the security of the people and human rights aspects. The article explores the argumentative basis of human security and further analyzes the problem, strategy and needs in the lens of human rights related to pandemic in the framework of human security. It aims to analytically describe human security approaches in relation to the COVID-19 with human rights perspective through the common pattern of threat identified worldwide and plausible strategies based on literature study. The state strategy addressed in the article exists as a set of examples of best practices and/or critics toward the policy with materials provided by journals. The article uses a qualitative approach with a systematic literature study based on human security framework with human-right analysis and results in a generic set of human security frameworks for COVID-19 with the perspective of human rights.
Aksentuasi Kepentingan terbaik Anak dalam Putusan Nafkah sebagai Upaya Penjaminan Hak Asasi Anak M. Nur Syafiuddin
Jurnal HAM Vol 13 No 2 (2022): Edisi Agustus
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2022.13.235-252

Abstract

Children have an important positioning in spheres of human life, starting from the scope of family life to the state, therefore every policy must be able to guarantee the fulfillment of children's rights. This study aims to describe the guarantee of children's human rights through the accentuation of the best interests of children in the decision to make a living. The result of the study is useful as a basis for adaptive thinking for judges in making decisions for children's livelihoods that prioritize the best interests of children. This study uses normative legal research with a philosophy and legislation approach, and a prescriptive analysis method. The accentuation of the best interests of the child in the judge's decision regarding livelihoods must be able to lead to guarantee of the rights of the child's welfare which includes three aspects, namely the presence of parents, condition (maturity and experience) and the environment in which the child lives. The advice given is to remember that living is one of the needs of children to fulfill their natural rights in order to survive and improve their quality of life, so judges should always conduct in-depth studies (ijtihad) in every examination of children's livelihood cases.
Detensi Imigrasi Berkepanjangan yang Bertentangan dengan HAM pada Fasilitas Detensi Imigrasi di Jepang: Tinjauan Perspektif Institusional Sari Anggaini; Kurniawaty Iskandar
Jurnal HAM Vol 13 No 3 (2022): Edisi Desember
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2022.13.347-368

Abstract

Recently, some cases of human rights violations in immigration detention centers across Japan have attracted worldwide attention. Those inhumanely considered cases necessitated the United Nations expressing an opinion through the United Nations Working Group on Arbitrary Detention. This study found that ingrained ideologies of homogeneity in Japanese society give rise to immigration policies that tend to hinder the integration of immigrants into Japanese society. This research looks at three main areas: first, how the ideology of homogeneity led to prolonged immigration detention in Japan; second, whether immigration detention in Japan violates international human rights law; and, finally, the guarantee of human rights protection for detainees in Japan. a qualitative research method using a literature review to describe how ethnic homogeneity causes prolonged immigration detention in Japan that is against international law through an institutional frame.
Three Arguments to Support International Binding Treaty on Business and Human Rights Surya Oktaviandra
Jurnal HAM Vol 13 No 2 (2022): Edisi Agustus
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2022.13.253-270

Abstract

The development of the promotion and protection of human rights, in general, has been gladdening. However, in instances where human rights are affected by business activity, efforts to uphold them meet certain obstacles. This is exacerbated when the business activity involves a complex and international dimension in it"”i.e., in the case of multinational enterprises. This paper provides three arguments to support the establishment of international binding treaty on business and human rights. It examines the current Corporate Social Responsibility platform, state responsibility to protect human rights, and also the importance and benefits of legally binding treaty. This research found that the implementation of the current CSR platform fails to prevent business harm to human rights. Therefore, state responsibility is fundamental in this matter and should be enhanced by the duty to establish an international treaty. A legally binding treaty is important to protect human rights from irresponsible business activity and can be beneficial and relevant to the interest of parties involved in business and human rights.

Page 13 of 26 | Total Record : 259

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