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Contact Name
B. Lora Christyanti
Contact Email
jurnalham@kemenkum.go.id
Phone
+628119780028
Journal Mail Official
jurnalham@kemenkum.go.id
Editorial Address
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
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
Kedudukan Dewan Perwakilan Rakyat (DPR) dalam Penyelesaian Pelanggaran Hak Asasi Manusia yang Berat Arief Rianto Kurniawan
Jurnal HAM Vol 4 No 2 (2013): Edisi Desember
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2013.4.22-30

Abstract

Government has yet to implement the four recommendations once submitted by the DPR to the government, particularly the completion of cases of alleged human rights violations in the past, showed that there was no political will from the government to implement the recommendations . House of Representatives as part of determining whether or not an event for past human rights violations prosecuted merely regarded as a formality. That provision was justified Law No. 26 Year 2000 on Human Rights Court which authorizes Parliament to establish the Ad Hoc Court. However, the investigation is not by Parliament but by an independent agency such as the National Human Rights Commission.
Perlindungan Anak yang Berhadapan dengan Hukum (ABH) dalam Perspektif Hukum dan HAM Nicken Sarwo Rini
Jurnal HAM Vol 4 No 2 (2013): Edisi Desember
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2013.4.31-42

Abstract

Related efforts to provide protection for children in conflict with the law, juvenile justice system should be interpreted broadly. It should not be only interpreted merely as handling children in conflict with the law. As a country that has ratified the Convention on the Rights of the Child, the state has a general obligation (generic obligation) to respect, protect and fulfill the rights of children without exception. By mixing up children with adults in detention or imprisonment facility will put the childs in a vulnerable situation and become victims of violence. Arguably, legal certainty-based restorative justice should be the goal of the administration of juvenile justice. The concept of restorative justice should be applied directly against any criminal acts precedes the minor offender gets proceed before the criminal court.
Peran Pemerintah dalam Upaya Pemenuhan Hak Atas Pelayanan Kesehatan melalui Penyediaan Obat Murah bagi Masyarakat Yuliana Primawardani
Jurnal HAM Vol 4 No 2 (2013): Edisi Desember
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2013.4.43-53

Abstract

Health is one of the rights possessed by humans since birth. Efforts to comply with the health of any human rights as citizens is done through the provision of health services in order to achieve optimal health status for the community. One is to provide health services to the community, either in the form of health care in the form of free or cheap drug supply for the community. Provision of cheap drugs in the market, only intended for certain types of diseases. For other diseases, pharma prices are still relatively expensive. While not everyone can afford to buy drugs at a great price. It is therefore very necessary role of government in providing health services, including by providing cheap drugs to the community.
Konkritisasi Universal Desain bagi Akses Penyandang Disabilitas Ignas Triyono
Jurnal HAM Vol 4 No 2 (2013): Edisi Desember
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2013.4.54-65

Abstract

Persons with disabilities include those who have long-term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others. They need acces universal design. Universal Design is a framework for the design of places, things, information, communication and policy to be usable by the widest range of people operating in the widest range of situations without special or separate design. Most simply, Universal Design is human-centered design of everything with everyone in mind. Universal design means the design of products, environments, programmes and services to be usable by all people, to the greatest extent possible, without the need for adaptation or specialized design. Universal design shall not exclude assistive devices for particular groups of persons with disabilities where this is needed.
Perspektif Hak Asasi Manusia dalam Perlindungan Hak Kekayaan Intelektual Atas Pengetahuan Tradisional dan Ekspresi Budaya Tradisional Masyarakat Adat Rahjanto Rahjanto
Jurnal HAM Vol 5 No 1 (2014): Edisi Juli
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2014.5.1-14

Abstract

These days a lot of intellectual properties in the form of traditional knowledge and traditional cultural expressions, which are created or originated from indigenous peoples, have become popular around the world, for example: works of art and medicine, and internationally traded that worth up to multibillion dollar U.S. each year. Most of the revenue from the trade is eventually in the hands of companies outside the area of origin of the intellectual property, and more often in the hands of foreign companies. This research uses a qualitative approach, while the data collection conducted at eight locations: West Java, Yogyakarta , Central Sulawesi, South Kalimantan, Bali, North Sumatra, South Sumatra , East Nusa Tenggara. In terms of legality, the state has not provided adequate legislations to protect intellectual property such as traditional knowledge and traditional cultural expressions. Arguably, Article 10 paragraph (2) of the Law No. 19/2002 on Copyright is not entirely appropriate (or compatible) with the characteristics of traditional knowledge and traditional cultural expressions. Hence, the Indonesian government ought to take progressive steps by regulating traditional knowledge and traditional cultural expressions into a separate law (sui generis).
Kebijakan Pemerintah Daerah dalam Pemenuhan Hak Atas Kesehatan bagi Masyarakat Miskin di Provinsi Sulawesi Selatan Firdaus Firdaus
Jurnal HAM Vol 5 No 1 (2014): Edisi Juli
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2014.5.15-26

Abstract

Health can be defined as a good and perfect condition physically, mentally and socially, hence cannot just be assumed as a condition of physical illness or infirmity. The right to health is guaranteed under Article 28 H (1) and Article 34 (3) of the fourth Amendment of the 1945 Constitution. This right is also universally recognized in various international instruments of human rights law, such as under Article 25 (1) of the UDHR, and Article 12 of the Covenant on ESC rights (economic , social , and cultural). The purpose of this study is to describe the government's policy on health programs for the poor, and also describe several constraints in implementing the program. This study shows that the implementation of the local government's policy concerning health insurance for the poor is yet to be optimal in fulfilling the right to health care for the poor. The health program set up by the local government including JAMKESMAS, Jamkesda, Jampersal, and Non-Quota Jamkesmas, is yet to be maximized and there are still many shortcomings that need to be improved. 
Perlindungan Hak Berpartisipasi dan Hak untuk Memiliki Akses ke Pelayanan Publik bagi Suku Anak Dalam Donny Michael
Jurnal HAM Vol 5 No 1 (2014): Edisi Juli
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2014.5.27-40

Abstract

One group of Indonesian society is still relatively underdeveloped Remote Indigenous Communities (KAT), one of which is Tribal Children In. The condition is as a result of their limited access in many areas, including the lack of participation in the implementation of public affairs, the right to elect and be elected and the right to have access to public services as stipulated in Article 25 of the International Covenant on Civil and Political Rights (ICCPR). This study aims to (i) determine protection of the right to participate in government and the right to have access to public services for SAD, (ii) determine the local government policy in the protection of the right to participate in government and the right to have access to public services for SAD, and (iii) determine the policy implementation of the protection of participating in government and the right to have access to public services for SAD. This is a descriptive study using a qualitative approach, where the data was obtained through in-depth interviews with multiple informants (the public and the authorities), the study of literature and documents studies. This study chose a case study in data analysis methods. The purpose of the case study is to provide a detailed overview of the background, and character traits that are typical of the case, or the status of individuals who later from typical properties were going to be used as a general thing. While the benefits expected from the implementation of this study is the availability of policy recommendations that can be used by related agencies in an effort to provide protection against the SAD for the right to participate in government and the right to have access to public services.
Pelayanan Akta Kelahiran Anak di Wilayah Perbatasan Provinsi Nusa Tenggara Timur Penny Naluria Utami
Jurnal HAM Vol 5 No 1 (2014): Edisi Juli
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2014.5.41-54

Abstract

There are only 55% of Indonesian childs who already have birth certificate until the end of December 2009 according to Indonesian Child Protection Commission. Child birth certificate service is running slow, because most of the local governments still make the issuance of birth certificates as a source of local revenue, and there are only 250 districts/ cities that already provide free birth certificate issuance policy for its citizens. Several factors that affect the low birth registration including: the lack of information to the public, the costs are very high in case of late registration, and the low quality of access management in the district/city level. The problem in this paper is to describe on how the government policy in providing service of child birth certificate in the border region of East Nusa Tenggara; and also to describe on how the child birth certificate services in the border region of East Nusa Tenggara. The scope of analysis taken is limited to the policies of central and local governments and their implementation in the issuance of child birth certificate in the border region of East Nusa Tenggara. The method of study used is qualitative approach, while the source of data consists of primary and secondary data. The results shows that every Indonesian citizen has the right to identity in the form of citizen legal document.
Peran Civil Society dalam Menumbuhkan Sikap Toleransi Beragama di Indonesia Hakki Fajriando
Jurnal HAM Vol 5 No 1 (2014): Edisi Juli
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2014.5.55-68

Abstract

This research was conducted in Aceh, West Kalimantan, Central Sulawesi and Maluku. The goal is to get an overview of the role of civil society, as well as to analyze the synergy between government policies and the activities of civil society in fostering religious tolerance. The results of this research are expected to provide insights for central and local government policy making, especially those related with efforts to foster communal harmony and inter-religious tolerance in Indonesia. The method used in this research is a combination of quantitative and qualitative methods. Primary data collection was done by using in-depth interviews and distributing questionnaires, while secondary data were obtained through library studies. Every data obtained as such were processed and analyzed with the ultimate goal of answering the research question. The development in the four provinces reveals the important role of community leaders in the creation of supportive conditions for inter-religious tolerance and communal harmony. Various community organizations have also asserted their roles in the efforts to foster a culture of inter-religious tolerance. NGOs, as part of civil society organizations, have also showed their awareness to the importance of creating social cohesion within the community.
Peran Pemerintah Daerah Jawa Barat dalam Upaya Pemenuhan Hak Pedagang Tradisional melalui Revitalisasi Pasar Perkotaan Yuliana Primawardani
Jurnal HAM Vol 5 No 1 (2014): Edisi Juli
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2014.5.69-78

Abstract

The traditional market is one of the driving joints for society Indonesian economy . In this case the market becomes a meeting place sellers and buyers to trade in order to meet daily needs . However , in line with the changing times , the existence of traditional markets as if marginalized . This is because market conditions traditionally considered less worthy as areea trade , so that the traditional merchant was unable to compete with modern markets such as supermarkets and hypermarkets that exist today . This happens in various provinces, including the province of West Java which has increased the number of retail businesses in each county / city . Therefore it is necessary to assist the Government's attention in the traditional traders obtain their rights through the development and rejuvenation of urban markets in order to compete with the modern retail business as stipulated in Presidential Regulation of the Republic of Indonesia Number 112 of 2007 on Management and Development of Traditional Markets , Shopping and Modern Stores .