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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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Aksesibilitas Terhadap Informasi Keagamaan Bagi Penyandang Disabilitas Tuna Rungu: Visualisasi Tanda di Lingkungan Pusdai Jawa Barat Inna Junaenah; Hendy Hermawan; Samodro Samodro; Dante Rigmalia
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.2023.14.185-204

Abstract

Human rights law encourages the implementation of state obligations by enacting policies that remove accessibility barriers for persons with disabilities, including a guaranteed access to information. Unfortunately, attention and efforts to facilitate the accessibility of people with deaf disabilities are insufficient, especially regarding religious information. The West Java Islamic Da'wah Center (Pusat Dakwah Islam/Pusdai), as one of the social service units within the local government, barely has a systematic policy basis to facilitate access to religious information, particularly for the "Friday Sermon" for persons with Hard of Hearing (HOH). This article identifies that human rights law can be the underlying basis for the fulfilment of visual communication for persons with HOH. This article discusses a visual design construction that may facilitate communication barriers for deaf-disabled persons in accessing religious information in Pusdai. By employing a socio-legal approach, including visual communication design lens, this study finds a gap in the visual information availability and facility for people with HOH. This study contends that visualization, in the form of moving and static signs, is necessary to facilitate the convenience of persons with HOH and it is seen as an effort to realize inclusive religious services. Such a measure needs to be incorporated into the National Action Plan on Human Rights (RANHAM) in West Java Province.
Konstitusionalisasi Perlindungan Konsumen Perspektif Hukum Hak Asasi Manusia dan Hukum Profetik Islam Musataklima Musataklima; M Syamsudin; Adi Sulistiyono
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.2023.14.137-154

Abstract

People are ipso facto consumers. People, as consumers, have rights that must be protected by law. As human beings, consumers have rights that must be protected, respected, fulfilled, and advanced by the state. However, current consumer protection could be more effective and stronger, as evidenced by many consumer complaints to the National Consumer Protection Agency. (BPKN). This is also due to the weak legal instruments of consumer protection that need to be burned into the country's constitution. Based on this, the study aims to analyze the urgency of constitutionalizing consumer protection from the perspective of human rights and prophetic Islamic law. The research method used is the study of doctrinal law with conceptual and legislative approaches. The data used is secondary data, i.e., primary, secondary, and tertiary legal materials obtained through the study of libraries and online searching (internet searching), surfing, and downloading, and subsequently analysed qualitatively. As for the results of this study, the first constitutionalization of consumer protection from a human rights perspective can guarantee the fulfillment of the right to life as a fundamental human right and can be an instrumentation of the fulfillment of a right to a decent and safe standard of living to be consumed. Second, from the perspective of prophetic law, the constitutionalization of protection can empower public authorities to fulfill, respect, implement, and enforce consumer protection, thus realizing the liberation and humanization of consumers from unfair and fraudulent trade.
Hambatan Hukum untuk Penikmatan Hak atas Pekerjaan bagi Pekerja dengan Disabilitas Ayunita Nur Rohanawati; Sahid Hadi; Taufiq Rahman
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.2023.14.155-168

Abstract

This article focuses on the enjoyment of the right to work for workers with disabilities. This focus is driven by the fact that there are still many discriminatory practices for workers with disabilities in the workplace. This study identifies, for instance, a worker with sensory and physical disabilities that is assigned to a not accessible field of work. This assignment presents barriers faced by the worker and results in the termination of the worker's employment. Based on this fact, this article addresses two research questions. What is the legal barrier to the enjoyment of the right to work for workers with disabilities? What adequate interventions should the state take to ensure equality and non-discrimination for workers with disabilities? This normative study answers these two questions by analyzing the norms of Law No. 13/2003 on Manpower with the component of legal barrier in the social model for disability. This study proves that the provision in the Manpower Law is categorized as a legal barrier to the enjoyment of the right to work for workers with disabilities. Therefore, this study encourages the state's legislative function to complement the provisions of the Law with a substance that requires every employers to ensure that their business governance is inclusive and accessible to the diversity of workers with disabilities based on equal rights.
Karakteristik Penggusuran di Indonesia: Pentingnya Intervensi HAM Sebelum, Sewaktu, dan Setelah Penggusuran Mochamad Felani Budi Hartanto; Dian Andi Nur Aziz; Agus Suntoro
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.2023.14.169-184

Abstract

Development and spatial planning policies, especially physical infrastructure, are closely tied to the changes in land use. When these policies intersect with public living spaces, there is a possibility that they are leading to eviction. Although driven by public interest considerations"”such as infrastructure development, post-disaster relocation and reconstruction, river flow normalization--evictions in Indonesia often coincide with conflicts, violence, lack of information, and inadequate compensation. These eviction practices are closely associated with alleged human rights violations. This article aims to critically examine the normative aspects of eviction policies and practices in Indonesia from a human rights perspective. It also raises the idea of human rights intervention in eviction policies and practices, aiming at establishing an ideal balance between spatial planning needs and human rights protection for displaced communities. By juxtaposing eviction policies and practices in Indonesia with human rights instruments related to evictions, this kind of intervention is necessary in within three time frames of eviction, namely before, during, and after evictions. Within these temporalities, the government should consider all alternatives outside evictions, provide clear information including eviction procedures, ensure protection for affected communities, and ensure reparative efforts for impacted communities.
Memutus Rantai Statelessness: Mengatasi Tantangan Hak Asasi Manusia yang Dihadapi Suku Pegunungan di Thailand Mirea Artesani
Jurnal HAM Vol 16 No 1 (2025): Edisi April
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2025.16.47-60

Abstract

This paper examines the issue of statelessness and its impact on the hill tribes of northern Thailand, a mix of ethnic groups populating the Thai, Myanmar, and Laos borderlands who are facing significant challenges in accessing basic human rights due to their lack of Thai citizenship. The paper explores the historical context of how the hill tribes came to be stateless, as well as the various obstacles they encounter in obtaining legal recognition as citizens of Thailand. Drawing on academic literature and Thai legislation, this paper argues that the denial of citizenship represents a fundamental violation of human rights. It also emphasizes the secondary rights violations due to various levels of discrimination and marginalization that these groups experience, such as restricted access to education, healthcare, and job possibilities. Finally, the paper considers potential policy solutions that could address the issue of statelessness among the hill tribes. These solutions include reforming citizenship laws to provide greater access to citizenship, as well as implementing programs to promote the inclusion of hill tribe communities in Thai society while also preserving their cultural heritage. Ultimately, the paper argues that addressing the issue of statelessness among the hill tribes is not only a matter of human rights, but also essential for building a more inclusive and equitable society.
Gerakan Politik Lokal Waria dalam Perjuangan Hak Bekerja Ricky Santoso Muharam; Ari Pradhanawati; Fitriyah Fitriyah; Supratiwi Supratiwi
Jurnal HAM Vol 14 No 3 (2023): Edisi Desember
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2023.14.251-266

Abstract

The enactment of Regional Regulation No. 1 of 2014 concerning the Handling of Vagrants and Beggars, which has an impact on the waria (transgender) community of Yogyakarta. Most work as buskers and (art workers) reject the existence of Gepeng Regional Regulation. This rejection was based on the fact that the waria community refused to be categorized as vagrants and beggars. Research using qualitative with case studies. This research focuses on the strategy of the Yogyakarta transgender political movement by forming an advocacy coalition in response to the implementation of the Gepeng Regional Regulation which is considered to have an impact on the waria community working on the streets. The results of this study found that carrying out resistance or rejection actions was carried out in two ways. First, build a network of advocacy coalitions between communities. Second, Strategy through the media. The enactment of Perda Gepeng gave rise to two advocacy coalitions, namely the IWAYO, advocacy coalition which was formed as a result of the consolidation of several waria communities in Yogyakarta and the Gepeng Regional Caucus Coalition consisting of various organizations, NGOs and various communities that support the struggle in rejecting the Gepeng Regional Regulation by trying to influence government decisions that are considered damaging democratic values and harming the poor.
Penguatan Pemolisian Demokratis dalam Perspektif Pendidikan Kewarganegaraan: Sebuah Analisis Konseptual Mursyid Setiawan; Cecep Darmawan; Muradi Muradi; Syaifullah Syaifullah
Jurnal HAM Vol 14 No 3 (2023): Edisi Desember
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2023.14.217-234

Abstract

One effort to strengthen the idea of democratic policing is through civic education. This research has the main aim of analyzing the conceptual aspects contained in civic education in order to provide strengthening ideas for democratic policing. This research also attempts to outline the challenges of democratic policing as viewed from the perspective of civic education in Indonesia. This article uses Gary Goertz's three-level conceptual analysis framework to dissect the conceptual dimensions in civic education that are useful for strengthening democratic policing. Qualitatively, data was obtained using literature studies from various books, journal articles, report documents, and other literature. This study shows that civic education, which is integrated with democracy, politics, law, human rights, anti-corruption, and peace education, can be a vehicle for conceptually strengthening the idea of democratic policing. In addition, this study found a number of challenges for civic education in strengthening democratic policing efforts in Indonesia. The main challenges are the problems that occur in the police institution, including not yet fully supporting democratic culture and spaces for citizens, the issue of police neutrality in political life, the practice of violations of law and human rights by police officers, the existence of corrupt behavior, and the fact that the police has not yet fully become a humanist and non-violent institution. This study requires further research to see to what extent the implementation of the concept of civic education can strengthen democratic policing efforts that are oriented to the citizenship dimension.
Teologi Migrasi: Kontribusi Teoritis dan Teologis terhadap Pemahaman Agama dalam Upaya Melawan Perdagangan Manusia di Nusa Tenggara Timur (NTT Isakh Bendris Oematan
Jurnal HAM Vol 15 No 3 (2024): Edisi Desember
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2024.15.187-204

Abstract

Theology of Migration represents a form of praxis that elucidates the relationship between theology (religion) and social reality, with a particular focus on migration. This relationship is characterized by intricate, intertwining, and constructive engagement. This leads to the question of whether migration theology can address the issue of migrants who eventually become involved in the criminal act of trafficking in persons (TPPO). Since 2016, NTT has been identified as a key area of concern in the context of human trafficking. Recent research on the phenomenon of human trafficking has identified a number of socio-structural issues that contribute to its prevalence, including deficiencies in education, poverty, patriarchal structures, feudalistic systems, and the scarcity of natural and human resources. The objective of this paper is to demonstrate that religion can play a significant role in the fight against TPPO in NTT. As an integral aspect of human existence, religion can serve as a foundation for efforts to provide crucial insights into the phenomenon of migration. Migration theology endeavors to reflect the phenomenon of migration in the light of public theology, thereby providing a basis for defense. This is then realized in practical actions against TPPO, with the objective of actively involving religion. In this context, migration theology will undertake a comprehensive examination of the various factors underlying the migration of people in NTT. It will then engage in interdisciplinary dialogue with the results obtained, particularly with regard to the teachings of Christianity concerning the phenomenon of migration (in terms of tradition, doctrine, the Bible, and theology). The latter can be enhanced with additional theological perspectives, particularly those pertaining to interfaith dialogue, in order to develop a comprehensive theological perspective on migration and to foster a distinctive theological approach to the migration patterns of the people of NTT. This research is grounded in a literature review employing a prosessional correlation approach, wherein Scripture, theological-dogmatic tradition, and socio-cultural human experience converge and engage in a dynamic interplay, ultimately manifesting itself in theological and practical terms.
Strategi Perbatasan Suku Dayak Agabag dalam pemenuhan Hak Budaya di Ulu Sembakung, Kalimantan Utara Puji Hastuti
Jurnal HAM Vol 15 No 1 (2024): Edisi April
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2024.15.1-18

Abstract

The local elites of the Dayak Agabag community are acutely aware of their minority status, which paradoxically presents them with unique opportunities. Situated as a frontier people within Indonesia, the Dayak Agabag have cultivated strong social bonds with the Murut Pensiangan community in Malaysia, fostering cultural cohesion that transcends national borders. These sociocultural ties, while beneficial for community solidarity, are viewed as a challenge to state sovereignty and nationalistic ideals. Ironically, local elites of the Agabag community have adeptly utilized their minority status to advocate for the development of modern-state infrastructure in their region. This article critically examines the cultural rights challenges confronting the Dayak Agabag along the Indonesia-Malaysia border, with a focus on the political agency of their local elites in shaping affirmative policies for marginalized communities and advocating for human rights. It sheds light on how both elite and community movements seek legitimacy in their endeavors. Through an ethnographic lens, the study reveals that Dayak Agabag's local elites have strategically asserted their political agency to carve out autonomy in countering state spatial domination and advocating for human rights as frontier people. Central to this analysis is the understanding that the political agency of Dayak Agabag's local elites enables them to maintain their minority status effectively, leveraging it to access political advantages and privileges across national borders. This agency offers valuable insights into how marginalized frontier communities can harness their indigenous political power to secure cultural rights, navigate cross-border dynamics, and maintain social legitimacy despite facing formal legal challenges. In conclusion, this article underscores the nuanced strategies employed by Dayak Agabag's local elites to navigate their geopolitical context, advocating for rights and infrastructure development while managing complex transnational relationships. It highlights the resilience and adaptability of frontier communities in utilizing their indigeneity to negotiate and assert their place in contemporary political landscapes.
Perekrutan di negara ketiga: Kasus Pekerja Filipina Luar Negeri di Taiwan hingga Polandia Anna Joceline Dizon Ituriaga
Jurnal HAM Vol 15 No 1 (2024): Edisi April
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2024.15.51-62

Abstract

This study explores the complexities of third-country serial labor migration among Filipino factory workers, specifically those moving from Taiwan to Poland"”an activity deemed illegal by the Philippine government. Utilizing qualitative methods, the research conducts in-depth interviews with participants like Mae, Rick, and Justin, complemented by a key informant interview. The findings reveal a nuanced decision-making process, with participants expressing a desire for enhanced job conditions, contractual flexibility, and career advancement opportunities in Poland. Despite the Philippines' oversight and support for temporary migration, the practice of third-country hiring raises legal and ethical concerns. Without proper authorization from the Philippine government, recruiting workers through a third country is deemed illegal. To protect migrant workers, established procedures, including obtaining an Overseas Employment Certificate (OEC), are implemented to ensure lawful deployment. This study contributes to the ongoing discourse surrounding serial labor migration, providing valuable insights that can inform policy frameworks and practices aimed at enhancing the welfare and protection of migrant workers within the global labor market. Through analysis of the experiences and challenges faced by Filipino factory workers engaging in third-country migration, this research seeks to promote a deeper understanding of the complexities inherent in labor migration processes and advocate for measures to safeguard the rights and well-being of migrant workers worldwide.

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