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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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Pedasaran Filsafat Hak Asasi Manusia Menurut Höffe and Lohmann Otto Gusti Ndegong Madung; Adrianus Yohanes Mai; Winibaldus Stefanus Mere
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.2025.16.1-10

Abstract

This article aims to philosophically justify the universality and the existence of human rights. Historically, the concept of human rights has evolved according to the context in which human rights are lived. One of the themes of debate is how human rights are justified or validated and how they can be universally accepted. Philosphers always have different opinions about what constitutes the basis of human rights. This article considers Höffe and Lohmann who sepciafically address this problem. Based on the philosophical approaches of Otfried Höffe and Georg Lohmann, this research emphasizes the universal validity of human rights. On the one hand, Otfried Höffe justifies the necessity of human rights in his anthropological approach of "transcendental exchange" which is the conditions for the possibility of being human. These conditions concern humans as physical and living beings, as linguistic and rational beings, and as social and cooperative beings who have transcendent interests in their lives. On the other hand, Georg Lohmann grounds human rights through a mutual moral obligation to recognize others as equal subjects.  Moral obligation arises from a person's ability to decide what is good or bad. Both Höffe and Lohmann ground human rights on reciprocity. In analyzing both views of human rights, qualitative method is used in this research which focuses on literature study. This research finds that the universal nature of human rights is grounded in human vulnerability, reciprocity of mutual respect, and integration of moral obligations into legal frameworks for the protection of self-determination and dignity.
Kisah "˜Orang-Orang Angkat Pasir' di Semenanjung Kepala Burung: Informalitas di Pinggiran Kota Sorong Gilang Mahadika; Riki Ari Pradana
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.2025.16.25-46

Abstract

The term "mining" carries a sensitive connotation for the sand lifters on the margins of Sorong City, West Papua, who prefer to identify themselves as "orang-orang angkat pasir" (sand lifters). Their labor involves extracting sand from rivers and clearing hillsides"”often through deforestation"”to facilitate sand collection. The ecological repercussions of these informal sand mining activities, including deforestation, have drawn concern from local governments, residents, and environmental advocates, who view these practices as detrimental to the environment. This negative perception has contributed to the stigmatization of "sand mining" as a term and a practice. This paper examines the lives and livelihoods of sand lifters, addressing the question: How do they sustain themselves through sand mining activities? For many, sand lifting represents a last resort to survive and participate in urban development, even as their work contributes to environmental degradation. While sand mining poses significant ecological challenges, it simultaneously serves as a lifeline for marginalized communities striving to improve their living conditions. By focusing on the case of sand lifters in West Papua, this paper applies the concept of "infrapolitics" to explore the intersections of informality, political agency, and the right to livelihood in urban contexts. In doing so, it broadens the discourse on human rights, informality, and environmental justice in the region, highlighting on the complex dynamics between survival, urban development, and ecological impact.
Tindak Pidana Kesusilaan dalam KUHP 2023: Perspektif Kelompok Agama Minoritas Nella Sumika Putri
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.2025.16.61-76

Abstract

Indonesia, a nation celebrated for its rich diversity of ethnicities and religions, embodies a societal pluralism that deeply influences perceptions of morality and acceptable behaviour. The enactment of the 2023 Criminal Code reflects these complexities, particularly in its use of "moral policing" to redefine adultery and criminalize cohabitation as moral offenses. These provisions were integrated into contentious articles during the Code's drafting and discussion phases, sparking significant debate. Proponents claim that the existence of these moral transgressions is consistent with Indonesian society's moral and religious values. Conversely, opponents argue that these provisions as an overreach by the state, infringing upon personal freedoms and disproportionately affecting religious minorities whose beliefs and practices may diverge from the majority. Adultery and cohabitation, the focal points of these provisions, are intrinsically linked to the institution of marriage. In Indonesia, marriage transcends its administrative role and is deeply embedded within religious and cultural traditions. This dual significance renders the issue particularly contentious, as interpretations of marriage vary widely across the country's diverse communities. The ambiguity surrounding the definition of "marriage" within the legal framework raises concerns about potential discrimination. Minority religious groups, particularly those whose marital practices are not formally recognized or registered, may find themselves vulnerable to legal repercussions under the adultery and cohabitation clauses.  This article seeks to delve into the nuanced effects of these regulations, focusing on their potential to disproportionately affect religious minorities and the broader question of balancing societal norms with individual liberties in a diverse nation.
Menciptakan Musuh Imajiner: Penolakan Pengungsi Rohingya di Aceh Zahlul Pasha Karim; Rahmah Zakia
Jurnal HAM Vol 16 No 2 (2025): Edisi Agustus
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2025.16.77-94

Abstract

The rejection of Rohingya refugees in Aceh at the end of 2023 led to various negative narratives that shaped an unfavorable image of this group in the eyes of the local community. This research argues that such rejection occurred because of the portrayal of Rohingya Refugees as a threat to society. There are two questions addressed: (1) how did social media contribute to the construction of an imaginary enemy against Rohingya refugees in Aceh?; and (2) what factors drove the shift in the attitude of the Acehnese people from solidarity to rejection? This research is conducted descriptively from various sources of literature, social media content, and news in the mass media. It also borrows the netnography method developed by Kozinets to examine the culture and communities that emerge in computer-mediated communication (social media). The findings reveal that rejection of Rohingya refugees occurs in three forms: negative sentiment expressed on social media platforms, media reports of criminal acts committed by refugees, and the perception that the Rohingya refugees were morally problematic. This phenomenon is underpinned by the ineffectiveness of state mechanisms to protect the socio-economic interests of local residents and the absence of a clear national government policy on Rohingya refugees. Consequently, rejection of refugees has led to dehumanization and created an imaginary enemy for local residents to justify their rejection of refugees. Refugees are no longer perceived as human beings, but rather as threats, burdens, or even as savages who lack of human values. Applying the concept of imaginary enemy, this study shows that the community actions justified through the perception of refugees as an exaggerated threat which gradually escalated into fear.
‘Hidup Bersama’ atau Kebebasan Beragama dan Berkeyakinan: Larangan Penggunaan Penutup Wajah di Negara-Negara Eropa Sajeed Fahurdeen
Jurnal HAM Vol 16 No 3 (2025): Edisi Desember
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2025.16.165-176

Abstract

Many European States introduced general or specific bans on face covers and religious symbols in public schools, universities and public places. The ban on religious symbols and face covers in public places and educational institutions has escalated the tensions, disbelief and mistrust between adherents of different religions and beliefs. This paper applies a doctrinal legal research methodology mixed with desk research, analyzing international human rights instruments and important landmark judicial precedents to assess the legal scope and limitations on freedom of religion and belief and its consequences. Although limitations to freedom of religion and belief are permitted in human rights law, European States justified the limitations on the basis of ‘living together’ contrary to the provisions of the International Covenant on Civil and Political Rights. The acceptance of the conditionality of ‘living together’ by the European Court of Human Rights set a disturbing precedent and it is applied in different societies in enforcing the majoritarian view and undermining the rights of minorities. Although the Human Rights Committee determined that Article 18(3) of the International Covenant on Civil and Political Rights must be strictly interpreted and the term ‘living together’ is a vague concept and made recommendations, the European State parties have not taken any action to implement the recommendations. Since the Human Rights Committee has no power to enforce the recommendations, the mere essence of the treaty is negated, and it provides a dangerous precedent for other States around the globe to follow introducing limitations on the freedom of religion and belief.
Kebijakan Kesejahteraan Sosial bagi Migran yang Menikah dan Keluarganya di Republik Korea Giwoong Son
Jurnal HAM Vol 16 No 2 (2025): Edisi Agustus
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2025.16.95-110

Abstract

To ensure the safe settlement of marriage migrants and their families within the Republic of Korea's distinct multicultural context, it is essential to adopt both a rights-based and universal welfare approach to foster genuine inclusion. However, the current social welfare policy for marriage migrants and their families presents a social investment and labelling approach, revealing its difficulties and paradoxical impact toward their full inclusion. This study examines the social welfare policy for marriage migrants and their families, to identify and analyze the functional gaps and unintended consequences in existing welfare policies and advocate for a shift away from a labelling approach toward more inclusive and rights-based policies that support stable settlement. Through an extensive desk review of relevant research, legislation, government surveys, and policy audit reports concerning Korea's Multicultural Family Policy, this study presents recommendations for policy revision in response to the challenges embedded within the current framework. Rather than focusing solely on the expansion of services, the findings underscore the importance of enhancing service quality and implementation processes while addressing structural forms of discrimination. The study further advocates for a rights-based approach to welfare provision, moving away from selective, group-specific targeting and discretionary or charitable measures.
Menuju Kecerdasan Buatan yang Non-Diskriminatif dalam Layanan Kesehatan: Memastikan Akses dan Pemanfaatan yang Setara bagi Wilayah Perdesaan dan Tertinggal Ris Heskiel Najogi Sitinjak; Silvi May Angelia Purba; Salma Majidah; Natasya Anggraeni Azis
Jurnal HAM Vol 16 No 3 (2025): Edisi Desember
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2025.16.177-196

Abstract

The enjoyment of the highest attainable standard of health is one of the fundamental human rights. Artificial Intelligence (AI) is a ground-breaking innovation with huge potential to accelerate multisectoral progress, including in healthcare. Yet, its reliance on data availability, governance structures, infrastructure, and technical expertise can perpetuate biases against underrepresented communities and exacerbate existing inequalities. This paper explores strategies to develop a just, inclusive, and humane AI framework that enhances healthcare services while ensuring equal access and utilization for people in rural and underdeveloped areas (RUAs). A narrative review was conducted through targeted searches in scientific databases and verified sources from April to June 2024 using relevant keywords such as “health as a human right,” “AI and health,” “AI in rural areas,” “AI and inequality,” “rural development,” and “AI and social determinants of health,”. The review highlights the profound impact of AI on RUA residents, who are disproportionately marginalized by the interplay of spatial and socioeconomic limitations. These challenges are amplified by uneven technological progress and the demand for specialized skills across different regions. Health data equity for RUAs could be enhanced by promoting social innovation, together with active community participation and human capital development. In this context, targeted training initiatives and coordinated efforts among educational institutions, employers, healthcare facilities, and labor unions can empower workers in RUAs to engage with evolving AI-driven systems. Ultimately, ideal and unbiased AI should safeguard health as a human right by ensuring inclusivity and non-discriminatory frameworks, becoming sustainable in its respective communities, and upholding ethical conduct.
Prasangka, Politik, and Islamofobia: Bagaimana Kebencian Membentuk Ulang Masyarakat Demokratis Sumant Kumar
Jurnal HAM Vol 16 No 3 (2025): Edisi Desember
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2025.16.197-210

Abstract

In the past few years, there has been an extensive rise in Islamophobia-related cases in Western democratic countries. This study, through the lens of prejudice theory, explores the factors that have increased pervasive hatred toward Muslim community, due to social fragmentation, political polarization and hate-motivated speeches initiated by the political parties and state. The hatred in a democratic society is the result of political narratives which later reshaping policy to target Muslim minority. The research aims to analyze and examine how deep-rooted bias against the Muslim communities through institutional, ideological and political hatreds continues shaping public, state, and media perception to discriminate from the main society. This study has applied qualitative content analysis to understand the increasing pattern of hate-motivated crimes. The objective behind the study is to trace historical and present narratives through hate speeches that fuel anti-Muslim sentiment, including how terrorism is linked with security threat, which reinforce prejudice against the Muslim community. This study, with the help of prejudice approach, explains that what are the factors and circumstances that make political parties and the state to increase their hatred towards the Muslim community through hate speeches which promote islamophobia in society. The findings of this study explore that the hatred through political speeches not only fragmented the Muslim minority from the mainstream society but also discriminatory changes in the policy, legitimizing the activity. The hatred in the democratic countries has increased criminal activities, surveillance, exclusion from society, and institutional biases.
Meninjau Ulang "Sepakat": Menelaah Kelayakan Konsep Sepakat dalam Perjanjian Platform Digital berdasarkan Kitab Undang-Undang Hukum Perdata Indonesia Adis Nur Hayati
Jurnal HAM Vol 16 No 2 (2025): Edisi Agustus
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2025.16.151-164

Abstract

Consent is often considered a concrete representation of an individual's will to freely choose independently. It is associated with the concept of individual autonomy, which is underpinned by the right to make one's own choices and freedom from coercion. However, in practice, consent within standard agreements on digital platforms often fails to reflect a truly voluntary and informed consumer agreement. Consumers' provision of consent on digital platforms frequently occurs without adequate understanding, genuine choice, or real bargaining power due to manipulation and undue influence exerted through dark patterns employed by platform operators. Therefore, this paper aims to analyze the adequacy of the concept of consent in the Indonesian Civil Code when applied to digital platform transactions. It employs a doctrinal legal research method to analyze the relevant provisions and their practical implications in the digital context. This paper argues that the current concept of consent in the Indonesian Civil Code is no longer adequate for application in digital platform environments. In particular, the act of providing consent through mechanisms such as an "I agree" checkbox and other similar formats may not genuinely reflect the consumer's informed and voluntary consent.
Mengomunikasikan Hak Kesehatan dan Pendidikan Disabilitas: Kisah dari Penyandang Disabilitas dan Orang Tua Anak Disabilitas di Indonesia Muhammad Novsyaroni Umar
Jurnal HAM Vol 16 No 3 (2025): Edisi Desember
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2025.16.211-234

Abstract

Indonesians with disabilities experience socio-cultural problems that result in disparities in disability rights fulfilment, particularly in accessing equal education and healthcare. In response to such problems, disability activism has been undertaken, and nowadays is increasingly mediated by social media, specifically Instagram. This study intends to shine a light on individual and parental perspectives in communicating disability rights, drawing on the co-cultural communication theory, which classifies people with disabilities as a non-dominant group in society. Diverse disability stakeholders including people with disabilities and parents of children with disabilities participated in focus group discussions and semi-structured formal and informal interviews. Using digital autoethnographic methods, qualitative content analysis was also employed to examine their Instagram content on disability topics. This study focuses on how participants raise awareness of disability inclusion and communicate disability rights within the domain of education and healthcare. This study also emphasizes the efficacy of Instagram in mediating disability rights activism in Indonesia and its impact on the participants and their disability communities. The results show that while the assertive accommodation and non-assertive assimilation strategies are applicable in offline and online settings, the non-assertive accommodation strategy is particularly prevalent in enhancing digital disability representation. These collective actions contribute to advancing the fulfilment of those rights.

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