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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.
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Articles 259 Documents
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Keterbukaan Informasi Publik di Kabupaten Lebak Hidayat Hidayat
Jurnal HAM Vol 1 No 1 (2010): Edisi Perdana
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2010.1.58-65

Abstract

The objective of the research on the Rights of Freedom to Public Information Government Held is to determine the readiness of the Government of Lebak Regency in implementing the Act. 14 Year on year 2008 and factors inhibiting the implementation. The study was conducted with qualitative methods through descriptive analysis approach. The results of the research shows that the Government Lebak Regency basically  ready to implement the Law Number 14 Year 2008 concerning Public Information Disclosure Regulation by enacting Local Regulation No.  6 of 2004 on Transparency and Participation in Governance and Development Management at the Commission  Lebak Regency establishment of Transparency and Participation can accommodate the aspirations of the community in order to obtain information.
Dampak Pembatalan Penjelasan Pasal 43 Ayat (2) Undang-Undang Pengadilan HAM terhadap Penyelesaian Kasus-Kasus Pelanggaran HAM Berat Sebelum Tahun 2000 Sujatmiko Sujatmiko
Jurnal HAM Vol 1 No 1 (2010): Edisi Perdana
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2010.1.66-86

Abstract

The objective of this research is  to examine and elaborate on the impact of the cancellation of the explanation of Article 43 paragraph (2) of Law Number 26 Year 2000 About Court of Human Rights (HAM) on the mechanisms and the role of the House of Representatives (DPR) in the formation of an ad hoc Human Rights Court and the settlement of cases of gross human rights violations which occurred before 2000, especially the cases of human rights violations which already being investigated by the National Commission on Human Rights (Komnas HAM). The research is an  eksplanatory research. The research use a qualitative method of qualitative. Data collection techniques being used are literature studies by analyzing the legal materials, both primary legal materials or secondary legal materials and field studies carried out using in depth interview with informants handpicked among the prosecutors, judges, scholar, governmental institution, the ad hoc judges of Human Rights and National Human Rights Commission.The research results can be drawn some conclusions. First, the decision to the Court Number 18/PUU-V/2007 in fact did not eliminate the role of the parliament in the formation of an ad hoc human rights court. Second, the House of Representatives decision to recommend the establishment of an ad hoc Human Rights Court shall be based on the results of investigations conducted by Komnas HAM and the results of the investigations conducted by the Attorney General. Third, the formation mechanism of the ad hoc Human Rights Court began with the investigation by Komnas HAM, followed by an investigation by the Attorney General, afterwhich the investigation findings are submitted to Parliament for the recommended establishment of an ad hoc Human Rights Court by the president. And fourth, the cases of alleged human rights violations that already have been investigated by Komnas HAM should be followed up by the Attorney General's should the documentation of the cases meet the formal and material requirements. But if the Attorney General considers those documents to be incomplete formally and materially, the Attorney Court should provide guidance to the National Commission on Human Rights Commission, especially to explain the shortages are the result of the investigation.The recommendations can be given are, first, the decision of the Constitutional Court No. 18/PUU-V/2007 should be socialized, especially to the law enforcement officials and the legislature, because this decision has confirmed and clarified the role of the Parliament, Commission, and the Attorney General in recommending the establishment of an ad hoc human rights court by stressing that the decision should be based on the results of the investigations conducted by Komnas HAM and the investigation conducted by the Attorney General. Considering that the decision of the Constitutional Court are final, the need for socialization has become more evident. Second, the Attorney General's Office and National Human Rights Commission need to sit down together to compromise concerning the above decision of the Constitutional Court regarding the procedure and mechanism for investigations, as well as the standard that must be met for the transfer of a case of human rights violations in the past. 
Potensi Konflik Kekerasan Antar Kelompok Narapidana dalam Lembaga Pemasyrakatan Kelas II A Tangerang Yuliyanto Yuliyanto
Jurnal HAM Vol 3 No 1 (2012): Edisi Juli
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2012.3.1-16

Abstract

The purpose of this study is to determine the potential of violent conflict between groups of inmates, the causal factors of violent conflict between groups of inmates and to describe any treatment efforts and problem solving violent conflicts between groups of inmates in correctional institutions, so that it can be used as an input and advice to the stakeholders in the area of violent conflict resolution and management among the group of prisoners in correctional institutions. This study uses a qualitative approach, with a research strategy that uses and gathers in depth data/information about the phenomenon of violent conflict in correctional institutions. The data and information and research results will illustrate this phenomenon qualitatively along with its mutual relations analysis between the phenomenon and the relevant factors involved. The research also applies literature study and field work as tools and techniques for data collection. Furthermore, the research reveals several points: first, conflicts between inmates in the Penitentiary Class IIA Tangerang are quite common with low level of conflict escalation and involving private matters of the inmates. Such conflicts is mostly caused by small matters such as debt issues, lost of personal belongings (money, toiletries), and misunderstandings-such as attitudes that are considered arrogant or even insulting. Second, the conflict or dispute is likely to be resolved between inmates or involving the leaders and chief of each block. Such a measure was ussually taken to prevent a wider conflict. In addition, if such an issue reaches the officer's room, there shall be a following penalty imposed by the officers. If the problems faced are considered heavy and difficul to reach a common ground, then the prison officers should be involved. The recommendations presented in this study are: first, there is a need for a more comprehensive guidance for people considering some psychological effects they burden during their sentences. Secondly, in guiding the inmates, there are several measures that can be taken for instance by giving them training on skills they could use after serving their sentences in prison. Third, coaching and skills training need to be implemented with the involvement of other agencies outside the correctional institution, whether public or private agency, or any social institutions that intend and are concerned about the problems faced by the inmates in correctional institutions. Fourth, the leadership in correctional institutions requires a leader who is capable in nurturing the attitude of the inmates and he/she should have adequate managerial skills in managing prisons in order to be a good organization. 
Evaluasi Pelaksanan Sertifikasi Guru Sekolah Umum dan Guru Sekolah Madrasah Budi Budi
Jurnal HAM Vol 3 No 1 (2012): Edisi Juli
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2012.3.17-32

Abstract

Teacher certification is a government policy that has a noble purpose to improve the quality of education and welfare of teachers, considering the magnitude services of a teacher in educating generation of people. Teacher certification is aimed to improving the quality of education and welfare of teachers. The purpose of this study is to analyze the concept, implementation and impact of teacher certification, and to formulate a reorientation of the conception and implementation of teacher certification. The method used is a qualitative approach, which falls into the category of policy analysis, on the basis of review and synthesis on the processed data and related information.Such goodwill has unfortunately been tainted by the fact that there has been a swift of paradigm among teachers. Initially, their main purpose to be a teacher is to transform science and to educate students to become better than before. But now, such a noble intention has been changed to a merely certificates oriented. 
Pemenuhan Hak Atas Pendidikan (Dasar) bagi Komunitas Adat Terpencil di Perbatasan antar Negara (Studi Kasus di Provinsi Kalimantan Barat, Nusa Tenggara Timur) Rully Rachman
Jurnal HAM Vol 3 No 1 (2012): Edisi Juli
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2012.3.33-46

Abstract

The Indonesian Government still has limitations in handling areas that are geographically difficult to reach. In such a circumstance, there are several remote areas that are inhabited by Indonesia citizens in the form of indigenous communities who are isolated from other residents in the vicinity.Article 28 C Paragraph (1) of the Constitution of the Republic of Indonesia Year 1945 states that "every person has the right to develop themselves through the fulfillment of basic needs, right to education, and to benefit from science and technology, art and culture, in order to improve the quality of life and for the welfare of mankind". Consequently, education and compliance services shall also cover remote indigenous communities. This statement would be in line with Article 12 of Law Number 39 Year 1999 on Human Rights, which states that "everyone is entitled to protection of personal development, to education, educating themselves, and improve the quality of life for a man who is faithful, pious, noble responsibility, and prosper in accordance with human rights".The study uses a qualitative descriptive research with case studies. The samples are SDN 03 and SDN Sontas 12 Entikong in the province of West Kalimantan, and SDN Nanaeklot in East Nusa Tenggara Province.
Peranan Lembaga Adat dan Kearifan Lokal dalam Upaya Pencegahan dan Penyelesaian Konflik Horizontal di Provinsi Jambi Donny Michael
Jurnal HAM Vol 3 No 1 (2012): Edisi Juli
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2012.3.47-60

Abstract

Conflict between people or between groups of people is a situation that shall always exist in every social interaction. Customary institutions (Lembaga Adat) and local knowledge as part of the structure of a society play a role in influencing conflict attitude and behavior, which may potentially amount to violence. The existence of customary institutions and local knowledge has become one of the community robustness pillars that are expected to overcome any social problems, or to switch people's violent behavior into a positive one without injuring others or the community at large. The role of traditional institutions, based on the functioning of the community in general, is as a common body whenever a situation requires a traditional affirmative action in the society. Traditional institution, as a component of society, is thus essential for the integrity of the structure of society itself, without which a community could lose its identity as a civilized society along with local wisdom within.
Kesamaan Kesempatan Kerja bagi Penyandang Cacat di Sektor Swasta Firdaus Firdaus
Jurnal HAM Vol 3 No 1 (2012): Edisi Juli
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2012.3.61-77

Abstract

National survey data (NSES) in 2003, the number of disabled people in Indonesia as many as 1.67 million people, or 0.8 percent of the entire population of Indonesia. With disabilities as members of society and as citizens of their existence is less well cared for by fellow members of society and government. Of Law. 39 Year 1999 on Human Rights, namely Article 41 paragraph (2) Any claim with disabilities, the elderly, pregnant women, and children, are entitled to obtain facilities and special treatment. Article 42 which states every citizen who are elderly, physically disabled or mentally disabled and entitled to special care, education, training and assistance at the expense of the state, to ensure decent life with dignity, enhance self-confidence and ability to participate in the life society, nation and state. Problem is how to get the right people with disabilities equal opportunity in employment in the private sector? The purpose of this study was to determine the right of persons with disabilities equal opportunity to obtain employment in the private sector.
Perlindungan Hak Atas Kebebasan Berkeyakinan dan Beragama bagi Kelompok Minoritas Agama dan Aliran Kepercayaan di Provinsi Sulawesi Utara Oksimana Darmawan
Jurnal HAM Vol 3 No 1 (2012): Edisi Juli
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2012.3.78-90

Abstract

Problems of this study, are 1) how the regulations on the protection of minority rights for religious groups and cult in the local regulations at the provincial level; 2) whether the existing regulations in line with the instruments on Human Rights; and 3) how the reality community life in the context of inter-religious harmony.The purpose of this study, are 1) to find out about the regulations on freedom of belief for religious minorities and the flow of trust in local regulations that exist; 2) to determine whether there is regulation in areas that are contrary to human rights instruments in terms of freedom for minorities religion and cult; and 3) to know the reality of community life in the context of inter-religious harmony.  The method is descriptive qualitative research, ie research that produces descriptive data in the form of words written or spoken of the people and behaviors that can be observed. Conclusion this study is, 1) regulatory policies that govern the freedom of religious communities in North Sulawesi (North Sulawesi consists of six religions, namely: Islam, Catholicism, Protestantism, Buddhism, Hinduism, and Confucianism), as long as there has been no reports of practice discrimination among religions; 2) human rights instruments in the context of religious harmony have been accommodated in one of the principles of human rights, namely participatory manner interfaith cooperation through the forum Interfaith Cooperation Agency and the Forum for Religious Harmony; and 3) the reality community life in the context of inter-religious harmony bound by kinship who get along.
Evaluasi terhadap Peran Satuan Polisi Pamong Praja dalam Perlindungan Hak Asasi Manusia bagi Masyarakat Oki Wahju Budijanto
Jurnal HAM Vol 3 No 2 (2012): Edisi Desember
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2012.3.1-23

Abstract

The evaluation over the role of Civil Service Police Unit in terms of human rights protection for people aims to determine the level of understanding of members of municipal police regading the values of human rights related to their duties, and the implementation of Article 8 of the Governmental Regulation No. 6 Year 2010 on Civil Service Police Unit, as well as the implementation of guidance and oversight functions of the Regional Government over the municipal police. The result of evaluation carried out is expected to be materials to enrich scientific literatures and the literature on human rights field. Aside from that, it be used as a material in making the formulation of policy recommendations related to the improvement of municipal police duties in the field.The evaluation was conducted from February to September 2011. Location of this evaluation covers four provinces, namely Southeast Sulawesi (Kendari), Lombok (Mataram City), South Kalimantan (Banjarmasin) and East Java (Surabaya). The method used is qualitative and quantitative approach. While data collection techniques used in this evaluation comprise in-depth interviews, questionnaires, and tests, as well as documentary study of secondary data. Furthermore, the data obtained in the tabulation were then to be processed, and the conclusions drawn derives from some interpretations of the findings in the field.The results of the evaluation of the municipal police who are in Southeast Sulawesi, West Nusa Tenggara, South Kalimantan and East Java overall have a lack understanding of human rights, so there have been many people encountered violence committed by the officers in carrying out daily tasks. Some numerous clashes often occurred in places such as the demolition, is being done to Merchants Street Markets (PKL), the demonstrators, and bums or beggars. Guidance and supervision to the municipal police conducted so far is still considered not effective.Based on the evaluation results, it can be concluded that, (1) the understanding of the majority of members of municipal police is still considerably lacking, (2) the implementation of the provisions of Article 8 of the Governmental Regulation No. 6 of 2010 on municipal police stating "In performing its duties, the Civil Service Police must uphold legal norms, religious norms, human rights and other social norms that live and thrive in the community ", but in reality many violence cases still occurred in various forms, (3) the character building of municipal police officers tend to use a military approach and coaching is very rarely done. Supervision for this is still not going well. This is because the subject of political will as the main responsible of regional heads. While suggestions may be submitted including the need for cooperation between the Office of Justice and its PUSHAM in each region, it is necessary to adopt the concept of Community Policing and adapt to the characteristics and needs of the people of Indonesia, as well as the need of commitment and seriousness of regional leaders in coaching and supervising municipal police.
Peran Pemerintah Daerah dalam Pemenuhan Hak Atas Keadilan (Studi tentang Akses Bantuan Hukum bagi Masyarakat Miskin di Provinsi Jawa Timur) Donny Michael
Jurnal HAM Vol 3 No 2 (2012): Edisi Desember
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2012.3.24-54

Abstract

Ideally, if a person that is categorized as"the have" has a legal problem, she/he may appoint one or more lawyers to defend their interests. Likewise, someone who are poor (the have not) can also ask a defense from one or more public defender (public defenders) as workers in legal aid institute to defend their interests in a lawsuit. This condition must be fulfilled in order to implement the principle of equality before the law and equality of treatment and access to justice. In fact, a number of cases invite the public attention, which shows the lack of access to the poor to obtain legal assistance. This study aimed to describe the model of legal aid "probono" in the field, to identify and analyze the role of advocate, state or local government and law enforcement agencies in implementing the legal aid "probono", and to inventory and analyze supporting factors and obstacles in fulfilling legal aid for the poor. This research uses qualitative research, where the primary data collected from informants, obtained by in-depth interviews with informants including the legal agency of local government, law enforcement officers (police, prosecutors, judges), legal aid, academics from the universities, and people with legal problems. Secondary data collected from books, scholarly works, research reports, and documents related to the research topic.

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