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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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Pemidanaan terhadap Perbedaan Pemahaman: Analisis Hak Asasi Manusia atas Perkara Penodaan Agama di Indonesia Moch. Choirul Rizal; Michelle Salma Khotom Aji; Muhamad Atji Firmansyah; Unsa Elen Purwanti
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.2025.16.135-150

Abstract

The right to have different interpretations of mainstream religious teachings in Indonesia can lead to criminal penalties. In practice, judges often rely on expert testimony to gain confidence that "those who are different" have committed the crime of blasphemy. The research method employed in this article is the Human Rights (HAM) research method, which emphasizes the study of court decisions related to criminal acts of blasphemy in Indonesia, particularly regarding the spread of beliefs that differ from the mainstream as blasphemy. The court decisions are analyzed using a human rights approach, especially the right to freedom of religion or belief (FoRB). As a result, 3 (three) of the 11 (eleven) court decisions reviewed still ignore the principle of impartiality in testing differences in interpretations of mainstream religious teachings. Judges do not open up space for dialogue to explore expert testimony from the defendant's perspective. This criminal justice practice, in turn, will undermine FoRB as a meaningful concept. In the future, differences in interpretation of mainstream religious teachings will not be a matter of criminalization, but rather of dialogue. Even if criminalization is necessary, what is prohibited is the crime of broadcasting religious hatred, the judicial process for which is carried out independently and impartially.
Legitimasi Pencabutan Kewarganegaraan dalam Hukum Hak Asasi Manusia Internasional: Studi Kasus di Nikaragua Calvin Paulus Marcelito Simanjuntak; Diajeng Wulan Christianti
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.2025.16.111-134

Abstract

The right to nationality is a fundamental prerequisite for accessing other human rights, yet its arbitrary deprivation remains a critical concern under international law. This study examines Nicaragua's Laws No. 1055 and 1145, which authorize the revocation of citizenship based on an expanded and ambiguous definition of "treason," encompassing peaceful political acts such as supporting international sanctions. This case demonstrates how nationality, often described as the "right to have rights," is weaponized for political purposes, revealing how the misuse of citizenship laws threatens the integrity of international human rights protections against statelessness. Specifically, the study investigates whether this definition justifies nationality deprivation under the standards of the 1961 Statelessness Convention and whether such measures violate the right to freedom of expression, as protected by Article 19 of the ICCPR. Utilizing a normative juridical approach, the research analyzes international legal instruments alongside Nicaraguan domestic law and incorporates secondary data from organizations such as UNHCR. The findings reveal that Nicaragua's practices fail to satisfy the criteria of legality, necessity, and proportionality under international human rights law and instead constitute a form of political repression. Such measures not only undermine the purpose of the 1961 Statelessness Convention but also exemplify how nationality laws can be distorted to silence dissent. Therefore, this study underscores the urgent need for stronger international safeguards against arbitrary deprivation of nationality.
Mengintegrasikan Hak Asasi Manusia dan Biosekuriti dalam Hukum Internasional: Menuju Kerangka yang Holistik Noor Dzuhaidah Osman; Syahirah Abdul Shukor; Fareed Mohd Hassan; Nurfarhah Farhanim Shafie
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.2025.16.235-250

Abstract

Article 12 of the International Covenant on Economic, Social, and Cultural Rights (ICESCR) states the right to health as a fundamental human right. It emphasizes that healthcare should be available, accessible, acceptable, and of high quality for all individualsThe COVID-19 pandemic broadened the focus while highlighting the necessity of integrating biosecurity—including plant, animal, and human health—with a comprehensive One Health strategy within the framework of human rights.This doctrinal research examines key international agreements and organizations that govern biosecurity, biosafety, and the prohibition of biological weapons. It aims its integration with the right to health. The study finds that international public health and biosecurity regimes are fragmented, often leading to inconsistency in policy implementation  The major international agreements and institutions that control biosecurity, biosafety, and the ban on biological weapons are examined in this doctrinal study. It seeks to integrate the right to health. According to the findings, fragmented international public health and biosecurity regimes frequently result in inconsistent policy implementation. This article introduces a unified policy model that aligns biosecurity governance with the right to health, peace, and sustainable innovation. The integrative approach protects human health and biodiversity from a range of biological threats, offering new insights to the field.
Perlawanan Paguyuban Petani Lahan Pantai terhadap Kebijakan Neoliberal di Pesisir Kabupaten Kulon Progo Eka Zuni Lusi Astuti
Jurnal HAM Vol 17 No 1 (2026): Edisi April
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2026.17.53-66

Abstract

The Government of Kulon Progo Regency and Jogja Magasa Iron, Ltd. announced its sand iron mining plan to the coastal community in Kulon Progo, Yogyakarta in 2006. The coastal farmers refused the plan due to the loss of agricultural land required for mining, as well as its subsequent impacts on the environment and livelihoods and established Paguyuban Petani Lahan Pantai (PPLP) or the “Coastal Farmers Union” to fight the government’s mining plan. The PPLP developed social movements in the coastal areas through rallies, information campaigns, and networking with national and international NGOs. In 2014, the government postponed the mining plan, the future of which remained unclear today. From the initial rejection of the mining proposal, the resistance movement expanded to resist all forms of policy involving coastal land grabbing. The article argues that PPLP’s resistance is a reaction to extractivism developed by the state and public sector. The issue reflects the fifth premise of Harvey’s accumulation by dispossession theory, that accumulation by dispossession encourages struggles. The Indonesian political economy set up the extractivism process that occurred in the context of the sand iron mining plan in Kulon Progo. The mining plan is part of a land grabbing process that provokes the PPLP resistance movement. This study aims to describe the struggle of the PPLP to sustain the coastal land as coastal farming over the neoliberal policy related to mining plans.
Perlindungan terhadap Perempuan Adat: Kritik Hukum Feminis terhadap Penegakan CEDAW dalam Kasus Kawin Tangkap di Sumba Tengah Sherly Aprilia; Arief Setiawan
Jurnal HAM Vol 17 No 1 (2026): Edisi April
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2026.17.1-20

Abstract

This article is based on research examining the implementation of CEDAW in Indonesia in overcoming the practice of kawin tangkap as discrimination against women in Central Sumba. The research aims to analyze the implementation of CEDAW in Central Sumba, particularly in the aspect of law enforcement regarding cases of kawin tangkap. It examines why the implementation of CEDAW has not been effective in overcoming gender-based violence manifested in kawin tangkap practices in Central Sumba. Qualitative explanative research design was employed, utilizing case study approach in 2014-2025. The research involved participatory observation in Central Sumba. Data were collected through interviews with survivors, activists of NGOs, government, law enforcement officers, and literature review. Despite Indonesia’s ratification of CEDAW in 1984, cases of kawin tangkap continue to persist. The ratification has not yielded significant impacts, especially in terms of law enforcement, as evidenced in the absence of any officially reported cases that are successfully prosecuted. Feminist legal theory is applied to critically examine the limitations of CEDAW as a framework of positive law in ensuring the effective protection and respect of women’s rights through law enforcement mechanisms. By integrating the concept of intersectionality and Johan Galtung’s theory of violence, this analysis shows how overlapping social identities can perpetuate—especially those shaped by cultural and structural factors—can produce conditions that justify violation practices of kawin tangkap. The researcher suggests the need for alignment in understanding kawin tangkap as a form of discrimination and violence against women by all parties, accompanied by consistent and impartial law enforcement.
Perintah Struktural sebagai Upaya Pemulihan Yudisial atas Pelanggaran Hak-Hak Sosial dan Ekonomi: Pembelajaran dari Changing Tides 74 (Pty) Ltd v City of Johannesburg Lupwana Jean Jacques Kandala; Carlos Joel Tchawouo Mbiada
Jurnal HAM Vol 17 No 1 (2026): Edisi April
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2026.17.35-52

Abstract

This paper analyses the High Court’s judgment in Changing Tides 74 (Pty) Ltd v City of Johannesburg, a landmark ruling on the intersection of delict law, constitutional rights, and state accountability for failing to comply with a court order to provide alternative accommodation to illegal occupiers. The dispute arose from the City of Johannesburg’s (the City's) failure to comply with a 2012 court order, which compelled the City to provide emergency accommodation to unlawful occupiers prior to their eviction. The failure of the City resulted in the applicant suffering significant economic loss because it had to house the occupiers for three years. The Court found the City liable in delicts for its wrongful and negligent failure to comply with the 2012 court order. The court further found that such conduct infringed both the property rights of the applicant and the right to access to housing of the occupiers. Using a doctrinal legal research method, this research critically assesses the enforceability of structural interdicts, confirms the scope of constitutional delicts, and reemphasises the financial accountability of municipalities that fail to comply with court orders. The research also clarifies the extent of government entities' obligations concerning socioeconomic rights.  By awarding over R12 million in damages and punitive costs, the court set a strong precedent for state compliance with socio-economic rights obligations. This paper also considers the broader socio-political implications of the ruling, especially its potential to catalyse reform in municipal governance, human rights enforcement, and intergovernmental relations in service delivery.
Konstitusionalitas Pernikahan Poligami Muslim di Uganda: Sebuah Komentar atas Perkara Women's Probono Initiative melawan Jaksa Agung (Permohonan Konstitusional No. 12 Tahun 2021) [2025] UGCC 6 (10 Juli 2025) Jamil Ddamulira Mujuzi
Jurnal HAM Vol 17 No 1 (2026): Edisi April
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2026.17.21-34

Abstract

The Constitution of Uganda (1995) neither expressly permits nor prohibits polygamy. However, its drafting history shows that the delegates were aware that some Ugandans were in polygamous relationships (in particular polygyny). Neither the Customary Marriage (Registration) Act nor the Marriage and Divorce of Mohammedans Act expressly provides for polygamy. However, customary and Muslim marriages are potentially polygamous and there are many instances in which men in such marriages have several wives. There is no known ethnic or religious group in Uganda that practices polyandry. Unlike in some African countries, in Uganda polyandry is not an offence. The research question to be answered in the paper is whether polygamy is constitutional. In other words, whether the constitution could be interpreted as permitting polygamy. In Women's Probono Initiative v Attorney General (2025), the Constitutional Court of Uganda dealt with the question of whether polygynous marriages (both customary and Muslim) are unconstitutional on the ground that, inter alia, they discriminated against women (for example, by not allowing polyandry); they amount to torture and they violate the right to human dignity. The Court also dealt with the question of whether Islamic law which provides that a wife inherits less than a husband is discriminatory. The Court answered all the above questions in the negative. In this article, the author argues that the Court interpreted the Constitution correctly. However, the author suggests ways in which its decision could have been strengthened. The author also highlights some of the future implications of the Court’s decision.
Penegasan Kembali Pendekatan Sukarela dalam Kerangka Bisnis dan Hak Asasi Manusia di Indonesia: Akuntabilitas Korporasi dan Kerusakan Lingkungan Heribertus Jaka Triyana; Chandrika Kumaratungga
Jurnal HAM Vol 17 No 1 (2026): Edisi April
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2026.17.67-84

Abstract

This article aims to evaluate the existence and relevance of the voluntary principle for the better protection of human rights and business in Indonesia, where multinational and transnational corporations have allegedly been violating human rights. The analysis in this paper is mainly construed by normative assessment of the existence of the voluntary principle for business and human rights as bridging gaps on human rights duty bearers between States and non-state actors, i.e., multinational and transnational corporations in Indonesia, in terms of its area, scope, and institutionalization. This article reveals that the voluntary principle has been deemed internal-driven motivation and authority, and that the best approach is to allocate all available resources to effective branding and positive stereotyping in Indonesia to minimize public scrutiny of human rights violations. As a result, the voluntary principle, used as the basic principle for the operations of multinational and transnational corporations, provides only a good image rather than a binding instrument to which future advocacy is directed to halt future human rights violations. It is time to stipulate this principle-binding rule for human rights due diligence and to conduct audits for corporations.
Netralitas Aturan, Ketidaksetaraan Dampak: Diskriminasi Tidak Langsung dan Kesetaraan Pendidikan dalam Tata Kelola Beasiswa Internasional Abubakar Muhammad jibril; Souad Ezzerouali
Jurnal HAM Vol 17 No 2 (2026): Edisi Agustus
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2026.17.85-98

Abstract

International scholarship schemes are widely promoted as instruments for advancing educational access and human capital development, particularly in the Global South. Yet their administrative governance frameworks may unintentionally undermine these objectives. This study examines how eligibility requirements and documentation procedures within international scholarship systems shape substantive equality of educational access. Adopting a qualitative socio-legal methodology, the study analyses scholarship policies, administrative regulations, and institutional practices against international human rights standards, particularly Article 13 of the International Covenant on Economic, Social and Cultural Rights and General Comment No. 13 of the Committee on Economic, Social and Cultural Rights. The findings indicate that procedurally uniform requirements, especially those governing documentation timing and administrative compliance, may generate indirectly discriminatory effects by disproportionately disadvantaging academically qualified applicants from structurally under-resourced educational contexts. Such governance practices may further encourage strategic procedural adaptation among applicants, thereby distorting merit-based selection. The study recommends greater procedural flexibility, including conditional admissions mechanisms and context-responsive documentation policies, to better align scholarship administration with substantive equality and the right to education.

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