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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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Human Rights and Persons with Disabilities: Design of Buk-Smart-Logi Learning Media (Technology Smart Books) as an Islamic Education Learning Media Innovation Ican Mandala
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.2022.13.509-518

Abstract

The effectiveness of teaching and learning processes, particularly in religious education, heavily relies on the quality of learning media utilized. However, a significant challenge persists related to the absence of inclusive learning systems, thereby hindering the realization of equal access to education as a human right. This observation is drawn from the analysis of inclusive learning media in Indonesian schools. In response, educational institutions must adopt learning media that accommodate individuals with disabilities, enabling all children to study together in integrated settings. To address this gap, the Buk-Smart-Logi (Book Smart Technology) innovation has been introduced, aimed at enhancing student learning outcomes and fostering inclusivity across educational settings in Indonesia. This research employs the Research and Development (R&D) approach using the simplified Borg and Gall model. The study's objectives include assessing the validity of Buk-Smart-Logi media and examining its role in supporting inclusive learning, particularly in Islamic Religious Education. Emphasizing human-friendly design, this media innovation seeks to ensure that education remains accessible to every citizen, including those with disabilities. By enhancing accessibility and inclusivity through innovative learning media, such as Buk-Smart-Logi, the research not only promotes educational equity but also upholds the principles of human rights in education. It underscores the imperative of creating environments where all learners, regardless of ability, can actively participate and benefit from educational opportunities, thereby fostering a more inclusive and supportive educational landscape in Indonesia.
A Critical Analysis of the Indonesian Human Rights Action Plan 1998-2020 Majda El Muhtaj
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.2022.13.519-538

Abstract

This article examines the genesis and evolution of Indonesia's National Human Rights Action Plan (NHRAP), known as Rencana Aksi Nasional Hak Asasi Manusia (Ranham), throughout the Reform era from 1998 to 2020. Ranham stands as an important national policy document designed to articulate two primary objectives: first, to delineate how the state integrates human rights principles and norms into its policies; and second, to establish benchmarks for measuring its notable achievements in this domain. Adopted and implemented by successive Indonesian governments, Ranham has been instituted through Presidential Regulations across five distinct phases over two decades of the Reform era. The foundation of Ranham can be traced back to the Vienna Declaration and Program of Action (VDPA) of 1993, a seminal international human rights framework. Currently, over 70 countries, Indonesia among them, have formulated their respective versions of Ranham. This article underscores Ranham's role as a manifestation of Indonesia's commitment to advancing the human rights agenda nationally. However, it also identifies a significant challenge: the insufficient conceptualization of human rights, which hampers the robust development and fortification of Indonesia's national human rights framework.
Legal Protection for Disabilities Persons with Language Limitations in Law Enforcement Vera Bararah Barid; Dewi Analis Indriyani; Yeni Yulianti; Sri Gilang Muhammad Sultan Rahma Putra; Penny Naluria Utami
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.2022.13.631-645

Abstract

The Indonesian government has enacted various regulations aimed at protecting individuals with disabilities, yet significant gaps persist in their implementation. Discrimination against people with disabilities, particularly those with language impairments, remains prevalent, especially within the legal system. This study employs a sociolegal approach to examine the challenges faced by disabled individuals with language limitations in accessing legal protection. Key aspects analyzed include existing regulatory frameworks for disability protection, case studies of legal decisions involving disabilities, the handling of legal proceedings, challenges encountered by stakeholders in legal cases, and the impact of limited access to sign language and legal knowledge. The research reveals that individuals with hearing impairments often struggle to exercise their rights to assistance from sign language interpreters during legal proceedings. This deficiency is primarily attributed to a lack of awareness and understanding among various stakeholders regarding the specific needs of people with hearing impairments. Furthermore, the effectiveness of law enforcement processes for disabled individuals is hindered by regional variations in sign language, the existence of informal or non-standardized sign languages, and the limited proficiency of law enforcement personnel in communicating with and accommodating individuals with disabilities. In conclusion, the study underscores the urgent need for improved implementation of existing disability rights regulations in Indonesia, particularly within the legal context. Addressing these challenges requires enhancing awareness and training among legal professionals and stakeholders, ensuring consistent access to qualified sign language interpreters, and promoting standardized approaches to accommodating individuals with disabilities in legal proceedings. By bridging these gaps, Indonesia can move closer to fulfilling its commitment to upholding the rights and dignity of all individuals, including those with disabilities, within its legal system.
Isomorfisme Institusional LPSK dalam Penegakan Hak Rehabilitasi Psikososial Korban Tindak Pidana di Indonesia Mahari Is Subangun; Sudarsono Harjosoekarto
Jurnal HAM Vol 14 No 1 (2023): Edisi April
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2023.14.39-54

Abstract

This study explains how isomorphism develops in the Indonesian Witness and Victim Protection Agency (Lembaga Perlindungan Saksi dan Korban-LPSK) and contributes to stronger coordination among institutions in administering psychological services for crime victims in Indonesia. This study employs an organizational sociology approach with an isomorphism perspective to determine the robustness of institutions' roles and relationships in providing psychosocial care to crime victims. Using the Soft Systems Methodology (SSM) in conjunction with Textual Network Analysis (TNA), this study discovered that coercive isomorphism in government organizations is the primary driving factor behind mimetic and normative isomorphism, whereas stereotyped isomorphism drives the private sector. Isomorphism emerges to give psychosocial services to victims of criminal crimes, namely as a result of reinforcement from Law Number 31 of 2014 on the Protection of Witnesses and Victims. This reinforcement prompted mimetic isomorphism in many forms of cooperation, and as a result, normatively, it is feasible to claim that LPSK has evolved into a professional institution in delivering psychological rights services to victims of criminal crimes. Furthermore, this study makes recommendations on the role of state institutions and cooperative institutions in satisfying the rights of crime victims in Indonesia, particularly psychosocial assistance.
Konstitusionalitas Hak Kesehatan Jiwa Warga Negara: Studi Kebijakan Penanggulangan Bunuh Diri di Kabupaten Gunungkidul Enggar Wijayanto
Jurnal HAM Vol 14 No 1 (2023): Edisi April
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2023.14.1-16

Abstract

The high suicide rate in Gunungkidul is quite high, causing the Regional Head to issue Regent Regulation Number 56/2018 as a policy to deal with suicide cases. This step is a concrete manifestation of dealing with and preventing massive suicides systematically. The average number, which reaches 20 to 30 cases every year, shows that suicide is no longer an individual problem, but has become a social-human tragedy. This research will discuss how the implementation of suicide prevention policies, as the role of the state in protecting the constitutional rights of citizens in the field of mental health, through an interdisciplinary approach as an integrated perspective to see the purpose of the law. This research is included in empirical research and uses a socio-legal approach. Data collection is obtained through primary data, including interviews, observations, documentation, and secondary data through the study of related literature. The results showed that in terms of effectiveness, the suicide prevention policy has not run optimally based on the comparison of suicide rates before and after the policy was enacted. Influencing factors include apparatus coordination, facilities, and social support. Besides that, the pandemic situation also has an effect. Conceptually and practically, the suicide prevention policy is an effort to uphold citizens' constitutional rights by strengthening the mental health aspects of the community by integrating formal and informal social control to achieve effective law according to its goals.
Konstruksi Sosial Transgender di Kabupaten Jember Pasca Jember Fashion Carnival: Perspektif Hak Asasi Manusia Muhammad Aenur Rosyid; Syamsul Anam
Jurnal HAM Vol 14 No 1 (2023): Edisi April
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2023.14.91-104

Abstract

The issue of discrimination and negative stigmatization of transgender people in the Jember Regency is considered an obstacle to the freedom of expression for every individual. This study aims to analyze the views of the people of the Jember Regency in regard to transgender women's right to freedom of expression after the Jember Fashion Carnival event. This research utilizes an empirical juridical research method with sociological approach and legal approaches. The results of this study indicate that the community's social construction of the rights of transgender expression after the Jember Fashion Carnival event is demonstrated through the community's appreciation of the transgender people's works at the event and the provision of space for their expression to develop creativity. Although the government of Jember Regency has not implemented specific policies to protect the rights of transgender people in expressing themselves and developing their potential, the government and residents of Jember have recognized the transgender community as citizens with equal rights and positions to express themselves and contribute to the progress of Jember Regency.
Reduksi Hak Partisipasi publik Pada Aturan Analisis Mengenai Dampak Lingkungan untuk Perizinan Berusaha di Indonesia: Perspektif Green Constitution Aditya Prastian Supriyadi
Jurnal HAM Vol 14 No 1 (2023): Edisi April
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2023.14.17-40

Abstract

The green constitution concept in the Indonesian Constitution is the legal fundamental basis for environmental protection in implementing the national economy through public participation. The rationale for "public participation" as part of the rights of the International Covenant on Civil and Political Rights needs to be examined in Government Regulation instead of Law No. 2 of 2023 concerning Job Creation, passed into a legal act. This writing aims to analyze the components of public participation rights that the job creation act can potentially reduce, especially the provisions on the Environmental Impact Assessment (EIA) in enforcing the green constitution. This research is conducted based on normative legal research methods with statutory and conceptual approaches. The results of this research show that the rules for involving the community in preparing the EIA in the Job Creation Act differ from the green constitution principles in 2 (two) aspects. First, the limitation on community involvement in the Job Creation Act is potentially unconstitutional with the essence of the green constitution and the 1945 Constitution, which guarantees the right of public participation in the environmental field. Second, in the green constitution, the urgency of aspirations for public participation can become a consideration for making more transparent decisions in implementing an economy based on sustainable development. Restrictions on community involvement reduce the concept of a green constitution and potentially reduce the transparency in the granting of business permits in Indonesia which cannot mitigate the risk of environmental losses due to economic exploitation.
Persetujuan Dinamis sebagai Sarana Optimalisasi Pelindungan Data Pribadi dan Hak atas Privasi Masitoh Indriani; Annida Aqiila Putri
Jurnal HAM Vol 14 No 2 (2023): Edisi Agustus
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2023.14.105-122

Abstract

Consent is one of the foundations for data processing in the Operation of Electronic Systems by government and private institutions. Implementing consent as a basis for data processing has several shortcomings, particularly as it primarily relies on individuals being aware in providing authentic consent. In practice, individuals often give consent without considering any terms and conditions. Consent obtained without knowledge of data processing can jeopardize the right to privacy and the protection of personal data. This paper examines dynamic consent as a means to optimize the protection of privacy rights. The findings indicate that the concept of dynamic consent that prioritizes its approach to Data Subjects serves as a means to optimize personal data protection. Dynamic consent can strike a balance between on the one hand, the simplicity of the consent mechanism, and, on the other hand, the personal data protection standards and the right to privacy. Formulating dynamic consent should be based on legal elements, societal practices, technological features, and the involvement of personal data protection authorities. Additionally, as a form of implementing accountability for Electronic System Organizers as data controllers or processors, an effective mechanism for resolving personal data disputes is needed. These elements, when combined, can provide optimal personal data protection.
Tren Riset Pelanggaran HAM Berat: Analisis Bibliometrik dan Agenda Riset Masa Depan Iwan Santoso; Murtir Jeddawi; Yana Sahyana; Romli Arsyad; Alma'arif Alma'arif
Jurnal HAM Vol 14 No 1 (2023): Edisi April
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2023.14.69-90

Abstract

This study aims to analyze research trends related to human rights, identify countries, organizations, and authors who contribute significantly to the aforementioned research. Furthermore, this paper identifies related articles that strongly influence these scientific publications. VosViewer collects data from Scopus Database Journal and analyzes it using bibliometric analysis. As a result of the study, the United States has the highest number of publications. Furthermore, the Department of Epidemiology at the Johns Hopkins Bloomberg School of Public Health in Baltimore, Maryland, is the organization that has focused the most attention and influence on the issue of resolving gross human rights violations. Aside from that, Professor C. Beyrer of the United States is the most prolific and influential researcher on the topic of resolving gross human rights violations. Bibliometric analysis and content analysis show that the trend of resolving gross human rights violations in several countries since 2015 has been more toward resolution with non-judicial mechanisms. However, the results of the research show that several relevant articles do not provide a clear definition of gross human rights violations. Therefore, further research from other databases, such as the Web of Science, is required.
Makna Menjadi Aktivis Gerakan Hak-Hak Disabilitas Di Bali: Studi Fenomenologis Tentang Pengalaman Aktivis Gerakan Sosial I Made Anom Wiranata
Jurnal HAM Vol 14 No 2 (2023): Edisi Agustus
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2023.14.123-136

Abstract

The disability rights movement is exercised by movement actors who are able to transform their experiences of suffering into power to bring about changes toward the fulfillment of the rights of persons with disabilities. This research discusses the relationship between the reconstruction of past experiences of grievances due to stigma and discrimination, collective identity, and the capacity to be involved in the disability rights movement. By taking a location in Bali, this research uses a qualitative-phenomenology methodology to reveal the meaning of the experiences of the subjects who are disability rights movement activists, in the process of involving themselves in social movements. This article finds that the social movement actors are able to reconstruct their suffering into the capacity to make changes. Their personal identity meets their collective identity as actors in the disability rights movement through interaction with the community which provides space for the emergence of new awareness about rights and advocacy strategies.  The UNCRPD ratification, socialized by civil society organizations, opened up opportunities for strengthening interactions and networks between disability rights activists at the national and local levels. This network has strengthened the confidence of activists in Bali to take collective action. The ratification of the UNCRPD is also a momentum for mobilizing movement resources to change the old frame of charity towards a new frame of the fulfilment of rights. Changing the framework was carried out by advocating Regional Regulations in Bali which are in line with the spirit of the UNCRPD. Besides that, activists through their daily activities, show the public that persons with disabilities can be independent and actualize their potential if they get the chance.

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