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[Implementasi Ranham Generasi Ketiga tentang Pencemaran Udara dan Air Akibat Limbah Industri di Provinsi Jawa Timur ]]>
<![CDATA[Firdaus Firdaus]]>
<![CDATA[ Jurnal HAM Vol 5 No 2 (2014): Edisi Desember ]]>
Publisher : <![CDATA[Badan Strategi Kebijakan Hukum ]]>
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DOI: 10.30641/ham.2014.5.77-89
<![CDATA[National action plans on human rights (ranham) the third generation is an attempt is conceived of as the guidelines of reverence, protection, promotion and fulfilment of human rights and human rights to the state responsibilities and obligations for citizens. But in the implementation of not in accordance with government policy, the focus of local governments must consider, the potential, and the problems not yet fulfill the good and healthy environment for the community. The condition of the environmental quality that is less good on water and air pollution caused by industrial waste.This writing ranham trying to unravel the readiness of the implementation of the committee, and to know local government policy in order to ranham pro environment. A method of the research uses a method of qualitative berciri descriptive analytical, with data collection techniques primary and secondary sources of accurate data, the inventory of the legislation relating to data.]]>
<![CDATA[Pelaksanaan Kampanye Pemilihan Kepala Daerah (Pilkada) dalam Perspektif Hak Asasi Manusia (Studi Kasus di Provinsi Kalimantan Barat) ]]>
<![CDATA[Okky Chahyo Nugroho]]>
<![CDATA[ Jurnal HAM Vol 5 No 2 (2014): Edisi Desember ]]>
Publisher : <![CDATA[Badan Strategi Kebijakan Hukum ]]>
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DOI: 10.30641/ham.2014.5.91-104
<![CDATA[Election is the momentum for the community to voice communication rights are implemented through political campaigns. Politics in the election campaign is one important step in the implementation of procedural democracy . In practice, political campaigns are conducted in some areas yet despite the sentiments which tend to be discriminatory . Issues raised in this study is how the picture of the practice of regional head election campaigns (elections ) in West Kalimantan; picture of how the election campaign nuanced pattern of human rights; how the efforts of the government and election organizers in addressing and preventing practices that are not nuanced human rights campaign . The purpose of research is to describe the practice of election campaigns that occurred in the province of West Kalimantan and the factors supporting the election campaign nuanced discrimination ; obtain a pattern of human rights nuanced election campaign ; know the government's efforts in addressing and organizing election campaign practices are not nuanced human rights . As for the substance of human rights that the boundaries in this study include : the right not to be treated in a discriminatory manner in the course of the campaign . The method used in this study using a qualitative approach to the descriptive nature of the research . Techniques of data analysis and information gathered from informants and interviewees then performed a qualitative analysis of the substance , context , and the relationship between the audience campaigners from the aspect of human rights. Based on field data still use the election campaign practices of political identities (ethnic , religious , and regional) as a strategy in the campaign . Elements of the campaign include dilakuakan substance , context , and relationships in the campaign was marred by discrimination regionalism , ethnicity , and religion to seek public sympathy.]]>
<![CDATA[Pencegahan Kekerasan dalam Konflik Mahasiswa di Daerah Istimewa Yogyakarta ]]>
<![CDATA[Yuliyanto Yuliyanto]]>
<![CDATA[ Jurnal HAM Vol 5 No 2 (2014): Edisi Desember ]]>
Publisher : <![CDATA[Badan Strategi Kebijakan Hukum ]]>
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DOI: 10.30641/ham.2014.5.105-116
<![CDATA[The purpose of this study was to determine the factors that cause student conflicts, to describe the views and attitudes of students when dealing with conflict, and to depict the policy of the faculty member, police and local government in dealing with conflict prevention and conflict resolution. This study uses qualitative descriptive approach. The results of this study concluded that, first, the views and attitudes of students when dealing with conflict have been fundamentally different; Second, the violence that occurred in several universities have differences in terms of intensity and background of violence. Third, the policies issued by stakeholders have different dynamics amongst policy makers. Suggestions can be submitted based on this study including: students are expected to have a constructive view of the conflict; faculty members are expected to conduct needs assessment in student guidance; and the police members are expected to make a visual mapping of potential violence among students and create a dialogue between students and security forces.]]>
<![CDATA[Pemenuhan Hak Atas Kesehatan melalui Badan Penyelenggara Jaminan Sosial Kesehatan di Indonesia ]]>
<![CDATA[Insan Firdaus]]>
<![CDATA[ Jurnal HAM Vol 5 No 2 (2014): Edisi Desember ]]>
Publisher : <![CDATA[Badan Strategi Kebijakan Hukum ]]>
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DOI: 10.30641/ham.2014.5.117-128
<![CDATA[The right to health is one of human rights, therefore the state should guarantee every citizen to get good health care and quality. Social Security Agency (BPJS) Health is one of the country's efforts in fulfilling the right to health. Through this paper the authors wanted to know how the right to health is done by BPJS Health and Health BPJS obstacles encountered in providing adequate health insurance for the community. BPJS Health in carrying out the duties and functions must be able to ensure the availability, accessibility, acceptability and quality of health services is inadequate. Constraints that are regulatory, administrative and technical BPJS Health inhibit performance. Therefore, it is necessary to encourage improvements to all Indonesian people can participate and benefit from the existence BPJS Health.]]>
<![CDATA[Peran Pemerintah Daerah dalam Pemenuhan Hak Atas Keadilan ]]>
<![CDATA[Donny Michael]]>
<![CDATA[ Jurnal HAM Vol 5 No 2 (2014): Edisi Desember ]]>
Publisher : <![CDATA[Badan Strategi Kebijakan Hukum ]]>
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DOI: 10.30641/ham.2014.5.129-141
<![CDATA[Someone who is "capable" and has a legal problem, he may appoint a person or advocate to defend its interests. Similarly, someone who is classified as "not capable" of defense can also request a public defender or as a worker in legal aid to defend its interests in a lawsuit. This study uses a descriptive-analytical study with a qualitative approach, in which the primary data came from informants. While secondary data in the form of literature from books, scientific manuscripts, research reports, and documents related to the research topic. The results of this study illustrate that the presence of the three patterns is a model implementation is the provision of legal aid legal aid non-litigation, litigation and non-litigation and litigation combined. Local government agencies, law enforcement, advocates agencies, and universities are different attempts to realize the implementation of the legal aid "probono". These efforts can be made in institutional policies and individual officials concerned. The people generally are not aware of any right to legal aid. Instead, the agency that provides legal assistance funds such as local government and the courts are not transparently deliver legal aid funding is available to the public.]]>
<![CDATA[Justisiablitias Hak Ekosob Melalui Mekanisme Individual Communication dalam Optional Protocol To The International Covenant On Economic, Social And Cultural Rights ]]>
<![CDATA[Harison Citrawan]]>
<![CDATA[ Jurnal HAM Vol 5 No 2 (2014): Edisi Desember ]]>
Publisher : <![CDATA[Badan Strategi Kebijakan Hukum ]]>
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DOI: 10.30641/ham.2014.5.143-151
<![CDATA[The individual communication mechanism enshrined under the Optional Protocol of the International Covenant on Economic, Social and Cultural Rights could be regarded as a form of state's commitment to make economic, social and cultural (ecosoc) rights justiciable. This paper attempts to depict several aspects of the working mechanism of individual communication exercised by the Ecosoc Rights Committee, including: admissibility of ratione personae, ratione temporis, and ratione materiae. Furthermore, analysis will be taken on the issue of whether such a mechanism could give an effective way to promote state's compliance on ecosoc rights fulfillment. In brief, this paper concludes several points: first, the Optional Protocol is to be regarded as a compromise between the nature of the rights and the duties ruled under the Covenant; second, the Ecosoc Rights Committee shall accommodate the need of adjudicative body in order to shift the traditional view of ecosoc rights; and third, there is a need of a comprehensive coordination and cooperation amongst both treaty based and charter based human rights institutions, not only on technical issues but also on the legal interpretation method.]]>
<![CDATA[Pemenuhan Hak Perempuan dan Anak Korban Tindak Pidana Perdagangan Orang Terhadap Pemulangan dan Reintegrasi Sosial di Provinsi Kalimantan Barat ]]>
<![CDATA[Penny Naluria Utami]]>
<![CDATA[ Jurnal HAM Vol 6 No 1 (2015): Edisi Juli ]]>
Publisher : <![CDATA[Badan Strategi Kebijakan Hukum ]]>
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DOI: 10.30641/ham.2015.6.1-10
<![CDATA[Crime of Trafficking in Persons (TPPO), especially women and children is an act that is contrary to human dignity and a violation of human rights. The victim in this case was treated as merchandise that is bought, sold, transported and resold and deprived of their fundamental rights at risk even in death. Aims to determine the policies of local governments in the safe return of service in accordance with the needs of victims of crime of trafficking in women and children and the monitoring mechanism for victims who have been repatriated back so as not to become a victim. Necessary data consist of primary data and secondary data and the approach used is qualitative research and observation of participation that will be more talk is an informant, the researcher merely listened. Social Service is the agency responsible for handling the process of repatriation and social reintegration. Exit repatriation costs borne by the Ministry of Social region, while repatriation in the province use budget funds Provincial Social Service, in addition to the IOM also assists in the process of repatriation if there is demand. West Kalimantan Regional Police sometimes do return if the victim is domiciled in the province of West Kalimantan. Social reintegration has not run at all so monitoring of the victims who received services what is already independent and empowered. Processes are carried out only to the extent repatriation and social reahabilitasi. To do social reintegration handed over to the local government where the victims originate, which should be done jointly by the government and the government of West Kalimantan region of origin of victims to know the progress of the victim to have his life back either.]]>
<![CDATA[Partisipasi Masyarakat Nelayan di Sumatera Utara dalam Pembuatan Kebijakan Ditinjau dari Perspektif Hak Atas Pembangunan ]]>
<![CDATA[Hakki Fajriando]]>
<![CDATA[ Jurnal HAM Vol 6 No 1 (2015): Edisi Juli ]]>
Publisher : <![CDATA[Badan Strategi Kebijakan Hukum ]]>
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DOI: 10.30641/ham.2015.6.11-25
<![CDATA[Over the past few years, fisherman communities become the focus of various government pro-poor policies. However, reality shows those programmes have failed to increase the degree of life of fishermen in Indonesia and reduce poverty among fisherman. One of the issues was the lack of compatibility of those programs with fisherman's needs, due to the lack of their participation in policy-making process. The right to development outlined that the preparation and implementation of development programs should prioritize public participation and the active role of the community, from the planning, all the way to the implementation, monitoring and evaluation of those programs. This article seeks to analyze the involvement of fishing communities in North Sumatra in the planning and budgeting process of those government programs. As a qualitative research, data collection is done through Focus Group Discussion and in-depth interviews that were supported by literatery study. The results showed that the participation of fishing communities in North Sumatra in policy-making is relatively minimal. Likewise, planning and budgeting some fisheries program aimed at fishermen does not directly accomodate their participation. Recommendations given are that the involvement of groups of poor fishermen can be instituted, as a formal mechanism for fisherman to channel their aspirations directly to enable it to be accommodated by the government.]]>
<![CDATA[Proses Pemilihan Kepala Daerah Secara Langsung yang Berdampak pada Perilaku Masyarakat dalam Rangka Pemenuhan Hak Berpolitik Warga Negara di Provinsi Sumatera Utara ]]>
<![CDATA[Tony Yuri Rahmanto]]>
<![CDATA[ Jurnal HAM Vol 6 No 1 (2015): Edisi Juli ]]>
Publisher : <![CDATA[Badan Strategi Kebijakan Hukum ]]>
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DOI: 10.30641/ham.2015.6.27-38
<![CDATA[Direct local elections is an illustration form of the democratic process that is realized by the government's seriousness implemented at all levels of government. Implementation of the local elections have a purpose to carry out the implementation of a democratic system at the local level which is an extension of the central government, furthermore also a moment for the community to voicing their political rights as citizens. In practice, direct election conducted in some areas not yet in spite of the existence of violations to cause conflict between the members. The problem is how to practice the local elections directly in the province of North Sumatra; How is the behavior of the people of North Sumatra to direct the election process have been implemented. Methods This study used a qualitative approach which is descriptive study. Then conducted a qualitative analysis of the substance, the context, and the relationship between the perpetrators of the campaign with an audience from the aspect of human rights. Based on field data, direct election practices still use transactional practice, discrimination against particular groups, the lack of availability of facilities for the group of disabled tools, election fraud, organizers are still in favor of one candidate, the high cost elections, prone to horizontal conflict as a result of people's behavior, and the function of political education are not optimal.]]>
<![CDATA[Pelaksanaan Pemilu yang Aksesibel dan Non-Diskriminasi sebagai Upaya Pemenuhan Hak-Hak Politik Penyandang Disabilitas ]]>
<![CDATA[Junaidi Abdillah]]>
<![CDATA[ Jurnal HAM Vol 6 No 1 (2015): Edisi Juli ]]>
Publisher : <![CDATA[Badan Strategi Kebijakan Hukum ]]>
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DOI: 10.30641/ham.2015.6.39-49
<![CDATA[Every citizen shall be involved in making policy and the state must protect these rights. Persons with disabilities as part of the citizens who are vulnerable to discrimination requires more protection and special treatment to be able to participate fully in the implementation of the general election on the basis of equal rights and opportunities with other citizens. This study will analyze how efforts to fulfill the rights of persons with disabilities Indonesian politics through elections that are not only implemented in direct , public , free, confidential , honest and fair, but must be accessible and non-discrimination for persons with disabilities. The method used in this research is using a qualitative approach, the technique of primary and secondary data collection, as well as conducting an inventory of the legislation with normative and empirical methods. Based on field data about the elections in Indonesia in 2004 until the 2014 elections a form of respect, protection and fulfillment of the political rights of persons with disabilities through elections accessible and non-diskrimanasi gradually have increased significantly although there are still barriers that limit and eliminating the political rights of persons with disabilities.]]>
