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INDONESIA
Journal of SouthEast Asian Human Rights
Published by Universitas Jember
ISSN : -     EISSN : 25992147     DOI : -
Core Subject : Humanities, Art, Social,
Arts Humanities Social Sciences
The Journal of Southeast Asian Human Rights (JSEAHR) explores human rights realities in South East Asian region from various perspectives. The JSEAHR is a peer-reviewed journal co-organized by the Indonesian Consortium for Human Rights Lecturers (SEPAHAM Indonesia) and the Centre for Human Rights, Multiculturalism, and Migration (CHRM2) University of Jember. The Journal welcomes empirical, multi-disciplinary, and doctrinal approaches to explore historical and recent situation of human rights in South East Asia. The combination of editorial board members from South East Asia, Europe, and Japan creates a unique forum for South East Asian and other scholars to exchange ideas of interest about human rights issues in the region.
Arjuna Subject : -
Articles 7 Documents
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Search results for , issue "Vol 2 No 1 (2018): June 2018" : 7 Documents clear
When Human Rights are not Enough Joeni Kurniawan
Journal of Southeast Asian Human Rights Vol 2 No 1 (2018): June 2018
Publisher : Jember University Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jseahr.v2i1.5332

Abstract

Juridically, there have been quite a lot of legal instruments existing in Indonesia to protect human rights. These legal instruments include the Indonesian Constitution, which has special articles regulating about human rights, the Human Rights Act (the Law Number 39 of 1999), the National Commission for Human Rights, etc. Thus, normatively, all those legal instruments should be adequate to protect human rights in Indonesia, including the protection of the minority groups. However, the facts don’t seem in line with such expectation. There have been a lot of cases happened in Indonesia that bring this country into a serious question in its ability to protect the minority groups. The persecutions over the Ahmadiyah and Shia sects, the rejections against non-Muslim worship place establishments, and as the most recent one, the case of Jakarta’s governor Basuki Tjahaja Purnama, are some of the long sad stories showing how Indonesia is really poor in its performance to protect the minority groups. Identity politics and even a sentiment of racism are re-escalating in Indonesia today, which seems affirming the research findings got by the Wahid Foundation showing that 59.9% of 1520 of respondents from 34 provinces in Indonesia said that they have hatred towards some groups of their fellow citizen, such as those who are non-Muslims, Chinese-descents, communists, etc (Hakim 2016). Among this 59,9% respondents, 92,2% of them said that they highly oppose a person coming from those groups to become a governmental leader, and 82,4% of this people even said that they don’t want to have a neighbor coming from those groups (Hakim 2016). Such re-emergence of identity politics and sentiment of racism, as well as a frightening fact of hatred among people, really give a serious question about why all the human rights instruments which already exist in Indonesia seem to fail in preventing all those things to happen. In this article, I will show my hypothesis that all that sad news that happened in Indonesia in regard to the minority group protection are due to the failure of multiculturalism approach implemented in Indonesia so far. Thus, I will also propose the interculturalism approach to be implemented in Indonesia as the critique and refinement of multiculturalism approach in dealing with the multicultural society, including in regard to the minority groups protection.
Human Rights Norm Diffusion in Southeast Asia Stanati Netipatalachoochote; Ronald Holzhacker; Aurelia Colombi Ciacchi
Journal of Southeast Asian Human Rights Vol 2 No 1 (2018): June 2018
Publisher : Jember University Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jseahr.v2i1.7748

Abstract

Abstract Civil Society Organizations (CSOs) have played an increasingly vocal role in their struggle to advance both human rights protection and promotion in Southeast Asian countries. Most notably, CSOs have become a more important actor in dealing with human rights issues in particular by virtue of their role in drawing attention to human rights violations. In the case of massive human rights violations happening in Southeast Asia, CSOs pursue various strategies to address and try to end such abuses. Spreading information of human rights violations occurring in each member state to regional peers, and then finding new allies such as international organizations to put pressure back to human rights-violating states, in what is characterized as a dynamic of the boomerang model, one of the prominent strategies CSOs use to relieve human rights violations. Another strategy recently observed involves CSOs reaching out to powerful judicial institutions whose decisions can be legally binding on a violating state. Spreding This paper applies the boomerang model theory to the efforts of CSOs, specifically with respect to their work in helping to end the extrajudicial killing of drug dealers in the Philippines during President Duterte’s tenure, to display how the dynamics of the boomerang model works and what this strategy has achieved in terms of ending the extrajudicial killings. Beyond the boomerang model, this paper further demonstrates the strategy of CSOs in reaching out directly to powerful judicial institutions, in this case the International Criminal Court (ICC). The paper discusses why CSOs pursued this strategy of reaching out to the ICC, bypassing the region’s human rights institution—the ASEAN Intergovernmental Commission on Human Rights (AICHR). Keywords: Civil Society Organizations (CSOs); Extrajudicial Killing in the Philippines; The International Criminal Court (ICC). (A previous version of this paper was presented at the 14th Asian Law Institute (ASLI) Conference hosted by the University of Philippines, College of Law (UP) in 19 May 2017. We would like to thank the commentators and the audience for their questions and comments on the paper.)
Asian Values and Human Rights: A Vietnamese Perspective Ngo Thi Minh Huong; Giao Cong Vu; Tam Minh Nguyen
Journal of Southeast Asian Human Rights Vol 2 No 1 (2018): June 2018
Publisher : Jember University Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jseahr.v2i1.7541

Abstract

This paper examines the impact of the ideology of ‘Asian Values' on the legal norms and practices that frame the recognition and protection of human rights in Vietnam. Specifically, the paper focusses on the extent to which Asian Values has been deployed to discourage the adoption of international human rights norms and practices in the context of Vietnam’s rapid economic development since the mid- 1980s. The paper first sketches the adoption of Asian Values in Vietnam’s politics and society. Cultural and political factors that have shaped the conception of human rights are reviewed. Human rights language and norms, as manifest in political ideologies, policies and laws are then analysed, with particular reference to the different versions of Vietnam’s Constitution. It is shown that both the Communist Party of Vietnam (CPV) and the State of Vietnam have clearly articulated Asian Values in formulating their conceptions of human rights. This outcome is argued to result from the fact that Vietnamese political leaders, alike with Lee Kwan Yew in Singapore, the progenitor of Asian Rights, have been strongly influenced by Confucian ideals of governance. Confucianism is not, however, the only basis for political ideas in Vietnam. Although Vietnam is a market economy it remains a one- party state controlled by the CPV. The Marxist-Leninist principles on which the current State of Vietnam was based at its inception in 1975 remain intact. This ideology was however layered onto generations of collectivist principles embodied in the dominant agrarian society. The influence of Asian Values, on the recognition of and support for human rights in Vietnam has, however, been largely negative rather than positive, especially in relation to recognising civil and political rights as codified in universal human rights instruments. Thus, the protection and promotion of human rights in Vietnam, going forward, essentially mandates eliminating the influence of Asian Values in the ideology of political leaders and in the wider society. Key words: Human rights, Asian Values, democracy, constitution, Communist Party, Vietnam
Democracy through Election Muhammad Siddiq Armia
Journal of Southeast Asian Human Rights Vol 2 No 1 (2018): June 2018
Publisher : Jember University Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jseahr.v2i1.5333

Abstract

After amendment the 1945 Constitution, Indonesia has adopted election mechanism to implement a value of democracy. Unfortunately, the regulations as a main tool have not completely covered all of election issues. It follows that the election legal systems have only been prepared for the post-election dispute instead of the pre-election dispute. This case happened in the province of Aceh. On one hand Aceh has its own law regarding the autonomy province, on the other hands, Aceh must coexist the national law as well. However, both Aceh’s law and national’s law does not clearly provide the mechanism of handling the pre-election dispute among the regulations. This implies that the provincial election cannot be implemented as long as does not have legal certainty. In the provincial level have suggested making a new bylaw focusing on the local election only, nevertheless, central government have strongly rejected this idea.
Rejecting Religious Intolerance in South-East Asia Benedict Rogers
Journal of Southeast Asian Human Rights Vol 2 No 1 (2018): June 2018
Publisher : Jember University Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jseahr.v2i1.7587

Abstract

This article is going to discuss religious intolerance in Myanmar and Indonesia. Religious intolerance in these two countriesis driven by extreme ideologies which reject tolerance and diversity. These ideologies influence society and generate a culture of discrimination. In Myanmar, Muslims and Christians face a campaign of hatred led by a militant ultra-nationalist Buddhist movement which has resulted in several outbreaks of violence in the past five years. The predominantly Muslim Rohingya people have been the most severely victimized, enduring grave human rights violations which some international experts describe as ‘ethnic cleansing’, ‘crimes against humanity’ and potentially genocide.In Indonesia, a country with a tradition of religious tolerance, radical Islamism has become an increasing threat to non-Sunni Muslim minorities, particularly the Ahmadiyya and Shi’a communities, as well as Christians and other religions and to Sunni moderates who work to preserve Indonesia’s pluralism. To challenge the pervasive influence of intolerance, a variety of imaginative strategies are necessary.Recommendations will call state actors, media and civil society to work together to combat hate speech narratives through all available channels: education, the judiciary, campaigning platforms, the media, legislation and international diplomacy.
Indonesian Marriage Law Reform: The Way to Strengthen the Protection of Children’s Rights against Child Marriage Zendy Wulan Ayu Widhi Prameswari; Erni Agustin
Journal of Southeast Asian Human Rights Vol 2 No 1 (2018): June 2018
Publisher : Jember University Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jseahr.v2i1.5353

Abstract

The Act Number 1 Year 1974 on Marriage stipulates the minimum ages requirement to enter into a marriage, which are 19 years for men and 16 years for women. It is expected that at that ages, each party has a mature soul and physic to enter into a marriage life. However, it is possible for those who have not reached the age to enter into marriage if there is a dispensation granted by the courts or other official designated by the parents of each party in the marriage. In 2012, a judicial review was filed to the Constitutional Court against the provisions of the minimum age limit in the Act Number 1 Year 1974 on Marriage to raise the limit of minimum age for women from 16 to 18 years. However, the Constitutional Court considered the provisions is constitutional. Then in 2017, the same provision of Marriage Law is submitted for the second time by different applicant to be reviewed again by the Constitutional Court. On the other hand, Indonesia has participated in the formulation of a variety of international human rights instruments which have an impact on children, and is a party to a number of them, including the CRC and the CEDAW. This paper elaborates the stipulation on minimum age requirement to enter into marriage and the conformity of Indonesian Marriage Act to the principles and provisions on the international human rights instruments. Keywords: Child Marriage, Children’s Rights, Indonesian Marriage Law, Minimum Ages
Volume 2 Issue 1 Al Khanif
Journal of Southeast Asian Human Rights Vol 2 No 1 (2018): June 2018
Publisher : Jember University Press

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

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