Jurnal HAM
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.
Articles
259 Documents
<![CDATA[Dilema Hak Atas Pekerjaan dalam Kebijakan Pasar Tenaga Kerja Fleksibel ]]>
<![CDATA[Syahwal Syahwal]]>
<![CDATA[ Jurnal HAM Vol 13 No 2 (2022): Edisi Agustus ]]>
Publisher : <![CDATA[Badan Strategi Kebijakan Hukum ]]>
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DOI: 10.30641/ham.2022.13.271-286
<![CDATA[The right to work demands the role of the State in its fulfillment but the development of a flexible labor market poses a dilemma for the state in fulfilling the right to work. This study was conducted by using a normative type of research that examines the right to work in a flexible labor market using a statutory approach. In Indonesia, the flexible labor market is embodied in the Job Creation Act, which describes the state's dilemmatic position in carrying out its duties for the right to work. Against this dilemmatic position, the state prioritizes job creation over the feasibility of the jobs created. Based on this research, the author outlines the importance of a holistic approach in viewing human rights in the legislation process. So that the availability of work and the feasibility of work are not placed separately. This is because indecent work places the degree of human beings, who are trying to be protected by human rights, in a vulnerable position.]]>
<![CDATA[Penanganan Hak Atas Perumahan yang Layak terkait Backlog Di Masa Pandemi COVID 19: Studi Kasus di Kota Samarinda ]]>
<![CDATA[Rina Elsa Rizkiana]]>;
<![CDATA[Michael Gerry]]>
<![CDATA[ Jurnal HAM Vol 13 No 2 (2022): Edisi Agustus ]]>
Publisher : <![CDATA[Badan Strategi Kebijakan Hukum ]]>
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DOI: 10.30641/ham.2022.13.287-304
<![CDATA[Backlog issues were the main problems during the pandemic. Samarinda City Government istrying to overcome this by presenting affordable housing with the concept of the welfare state (wohlfahrtsstaat). However, this has not been realized, especially for the homeless and People with Social Welfare Problems (PMKS). This study aims to analyze the Samarinda City Government's effort to overcome the backlog issue to fulfill the right to decent housing for PMKS. This research used a juridical normative method by statute and a case study approach with legal sociological. The results show the housing rights fulfillment in Samarinda City has not been fulfilled as a crucial issue to mitigate the spread of Covid-19. The policy implications are still in conflict with constraints such as land availability and are not yet equity-oriented. It is necessary to synchronize policy arrangements with the fulfillment of rights through human rights conventions which are ratified by the Samarinda City Government on availability, affordability, and sustainability aspects.]]>
<![CDATA[Analisis Yuridis terhadap Kewajiban Pemenuhan Hak Asasi Manusia dalam Praktik Bisnis Perkebunan Kelapa Sawit ]]>
<![CDATA[Pardomuan Gultom]]>;
<![CDATA[Rumainur Rumainur]]>
<![CDATA[ Jurnal HAM Vol 13 No 2 (2022): Edisi Agustus ]]>
Publisher : <![CDATA[Badan Strategi Kebijakan Hukum ]]>
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DOI: 10.30641/ham.2022.13.305-332
<![CDATA[Human rights are natural rights inherent in every human being. In the classical human rights paradigm, the state is considered the main actor carrying out obligations to fulfill human rights as stated in the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social, and Cultural Rights (ICESCR). However, with the emergence of factsregarding the impact of the company's presence in a number of human rights violations, both domestic and multinational, there has been a discourse on the importance of non-state actors to be drawn as stakeholders in the human rights regime through the UNGP Principles in 2011. Agrarian conflicts as a result of the presence of oil palm plantations become a separate problem for business entities in the fulfillment of human rights, especially ESC rights, as a manifestation of the implementation of social and environmental responsibility norms. The method used in this research is normative legal research with a statute approach and a conceptual approach. This study aims to provide a juridical understanding that oil palm plantations as non-state actors also carry out obligations in fulfilling human rights.]]>
<![CDATA[Hak Suaka versus Kedaulatan: Studi Kasus Pencari Suaka Etnis Rohingya ]]>
<![CDATA[B. Lora Christyanti]]>
<![CDATA[ Jurnal HAM Vol 13 No 2 (2022): Edisi Agustus ]]>
Publisher : <![CDATA[Badan Strategi Kebijakan Hukum ]]>
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DOI: 10.30641/ham.2022.13.333-346
<![CDATA[The right to asylum is a fundamental right under international law. Despite its fundamental nature, there are still numerous challenges to protect this right. The main challenge is sovereignty, which is the primary basis for the state in determining the one permitted to live on its own territory. The complicacy that the Rohingya underwent in seeking asylum in other countriesis clear evidence of this problem. Rohingya isrecognized as one of the world's most persecuted minorities, grappling with decades of systematic atrocities. This paper aims to take a closer look at the problems of the right to asylum by answering questions about the challenges Rohingya faced. The study was conducted by juridical method to investigate the right of asylum problems through the experience of the Rohingya. As a result, the Rohingyas encounter a number of challenges in seeking and enjoying their right to asylum. These include denial of access to cross borders, forced deportation, denial of access to procedures to verify refugee status, use of voluntary repatriation as a pretext for withdrawing asylum, use of legal means to expel asylum seekers, and use of non-entre'e mechanisms.]]>
<![CDATA[Realitas Masyarakat Papua dalam Distorsi Representasi Media: Analisis Media Baru ]]>
<![CDATA[Logan Gunadi Wirawan]]>;
<![CDATA[Muhammad Fauzan Farendra]]>;
<![CDATA[Yoas Lintang]]>
<![CDATA[ Jurnal HAM Vol 13 No 3 (2022): Edisi Desember ]]>
Publisher : <![CDATA[Badan Strategi Kebijakan Hukum ]]>
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DOI: 10.30641/ham.2022.13.369-382
<![CDATA[Media portrayals towards minorities result in implications towards how society as a whole views them. This paper questions how the media representation of Papua reflects the reality of their socio-political situation and what the implications of said representations are. Based on secondary data analysis towards Indonesian media's portrayals of Papua, including but not limited to its' constituents and environment, this paper seeks to understand based on new media theories of social reality how the media portrayals of Papua have impacts towards the socio-political experience of Papuans in Indonesians, and Indonesians towards Papuans. The results obtained by the analysis indicate that media employs stereotypical and surface level portrayals of Papua in a way that dismisses the structural issues Papuans are facing. Those results show that media representation plays an integral part towards manufacturing discrimination towards Papuans, leading towards this paper's recommendations that calls for increased pressure towards demanding that the damages caused by false media portrayals of Papua were to be rectified by responsible parties.]]>
<![CDATA[Urgensi Tata Ruang Berbasis Mitigasi Bencana Likuifaksi: Hak Asasi Masyarakat Kabupaten Jember ]]>
<![CDATA[M. Kava Zulfikri]]>;
<![CDATA[Eddy Mulyono]]>;
<![CDATA[Muhammad Bahrul Ulum]]>
<![CDATA[ Jurnal HAM Vol 13 No 3 (2022): Edisi Desember ]]>
Publisher : <![CDATA[Badan Strategi Kebijakan Hukum ]]>
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DOI: 10.30641/ham.2022.13.383-400
<![CDATA[The potential for high liquefaction in Jember Regency has the potential to take its toll and losses that will interfere with aspects of life as experienced by the Central Sulawesi in 2018. Disaster mitigation efforts are needed that look at the extent to which spatial planning and development in Jember Regency pay attention to liquefaction vulnerabilities. Because the vulnerability of the region itself is a consideration of spatial planning and development. This aricle aims to discuss the extent of the importance of liquefaction mitigation-based spatial planning in Jember in terms of regulations, impacts, and their relation to the fulfillment of the human rights of the people of Jember. The method used is socio-legal. This paper confirms that the regulation of decent and safe housing from liquefaction disasters in Jember is still minimal. In addition, the RTRW and RPJMD Regional Regulations have also not made liquefaction part of the disaster in Jember. However, the urgency of this liquefaction regulation is actually not only about disaster mitigation-based spatial planning but also the fulfillment of the human rights of liquefaction victims, so the government is obliged to regulate it even if there are no specific regulations at the national or local level.]]>
<![CDATA[Pemenuhan Hak Warga Negara Eks Timor Timur untuk Mendapatkan Kehidupan yang Layak ]]>
<![CDATA[Irfan Fachrudin]]>
<![CDATA[ Jurnal HAM Vol 13 No 3 (2022): Edisi Desember ]]>
Publisher : <![CDATA[Badan Strategi Kebijakan Hukum ]]>
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DOI: 10.30641/ham.2022.13.401-412
<![CDATA[East Timor is one of the provinces in Indonesia which separated itself as a result of the referendum in 1999 and became a country named Republik Deokratik Timor Leste (RDTL). As a result of the referendum, residents who wished to remain Indonesian citizens had to leave and then flee to the nearest area, one of which was in the Belu district, East Nusa Tenggara which is directly adjacent to East Timor. This research finds data that there are unfulfilled rights of citizens and solutions so that their rights can be fulfilled. The purpose of the research is to find out what rights have been received and aims to provide solutions so that their rights can be fulfilled. Collecting data by interviewing sources and then analyzing it. There are rights of ex-East Timorese that not been fulfilled, namely the right to have a proper place to live, the right to get a job, the right for children. The government must pay more attention to the conditions of the residents so that their rights are fulfilled. These problems can be handled by providing training and opening up job opportunities so that they can be independent and no longer live in refugee camps.]]>
<![CDATA[Komisi Kebenaran dan Rekonsiliasi dalam Era Nontransisional: Implementasi di Korea Selatan dan Kanada ]]>
<![CDATA[Anggarani Utami Dewi]]>;
<![CDATA[Mustafa Fakhri]]>
<![CDATA[ Jurnal HAM Vol 13 No 3 (2022): Edisi Desember ]]>
Publisher : <![CDATA[Badan Strategi Kebijakan Hukum ]]>
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DOI: 10.30641/ham.2022.13.413-428
<![CDATA[This article aims to explain the practice of Truth and Reconciliation Commission (TRC) in non-transitional era. The TRC in non-transitional era was formed by democratic country or to reveal the truth of gross human rights violations that occurred decades ago. This research uses comparative method that compares the practice of TRC in South Korea (Commission on Clearing up Past Incidents for Truth and Reconciliation/TRCK) and Canada (Truth and Reconciliation Commission of Canada/TRCC). The results of the study indicate that the TRCK and TRCC were formed as an effort by the state to improve previous efforts in dealing with gross human rights violations; the number of staff members had a more significant impact on the success of the TRC than the number of commissioners; the norms governing the protection, prohibition, and sanctions for commissioners and staff, testifying witnesses, the persons named in the testimony and for individual and community; TRCK and TRCC gathered facts within two years; and the reconciliation process was carried out by the commission through the rehabilitation of reputations and holding memorial services. This article recommends that the practice of TRC in South Korea and Canada can be adopted in the preparation of policies for the establishment of TRCs in Indonesia.]]>
<![CDATA[Revitalisasi Voice sebagai Hak Politik Warga Kota di Indonesia: Suatu Kajian Konseptual ]]>
<![CDATA[Wasisto Raharjo Jati]]>
<![CDATA[ Jurnal HAM Vol 13 No 3 (2022): Edisi Desember ]]>
Publisher : <![CDATA[Badan Strategi Kebijakan Hukum ]]>
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DOI: 10.30641/ham.2022.13.429-444
<![CDATA[The idea of voice has been long existing within society. When it comes to current urban environment, it seems that voice has been declining due to firm influence of individualism. This makes the inclusive dialogue space between inter citizens group & government and society relationship faded away. Concerning on this issue, this paper would like to highlight the possibility of voice to be main drive to rebuild political rights for citizens. By using a mixed method that consists of in-depth interviews and critical literature review, this paper shows that voice recently has been institutionalised into two ways: formal through e-government and informal through community radio broadcasting. Both ways are able to deliver grass root aspiration to be policymaking issues. These finding of this research suggests the need of active citizen participation to voice their aspiration through different platforms rather than formal ways. ]]>
<![CDATA[Urgensi Penghormatan Otonomi dan Hak Menerima Informasi Vaksinasi Covid-19 dalam Konteks Kewajiban Vaksinasi ]]>
<![CDATA[Ervin Dyah Ayu Masita Dewi]]>
<![CDATA[ Jurnal HAM Vol 13 No 3 (2022): Edisi Desember ]]>
Publisher : <![CDATA[Badan Strategi Kebijakan Hukum ]]>
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DOI: 10.30641/ham.2022.13.445-458
<![CDATA[Currently, the Covid-19 vaccination coverage is quite high, reaching 62%. Ironically, there are many rejection and inappropriate motivation in receiving vaccines. Enthusiasm for vaccination didn't represent the understanding regarding vaccination. Lack of understanding can be caused by limited or ineffective information. To describe the provision of information during the Covid-19 vaccination, a descriptive qualitative study was conducted with in-depth interviews with ten respondents. The data was analyzed by making coding and themes and compared with references. The results showed that four out of ten respondents didn't receive information prior to the Covid-19 vaccination. It was also found that the motivation to receive vaccines was only as an obligation and for using public facilities. On the other hand, vaccinators had limitations in providing information and only prioritize vaccination coverage. Without adequate information, receiving vaccine would be a mere compulsion. Respect for autonomy of vaccine recipients and rights to receive information as parts of human rights didn't work. The obligation to receive the Covid-19 vaccination in the context of a pandemic must respect the rights and autonomy of the community. Collaboration from the government and local leaders and structured coordination are needed so that the Covid-19 vaccination is accordance with ethical standards.]]>
