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INDONESIA
Journal of SouthEast Asian Human Rights
Published by Universitas Jember
ISSN : -     EISSN : 25992147     DOI : -
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.
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Articles 6 Documents
Search results for , issue "Vol 4 No 2 (2020): December 2020" : 6 Documents clear
Dynamics of Shrinking Religious Freedom in Post-Reformasi in Indonesia Hurriyah Hurriyah
Journal of Southeast Asian Human Rights Vol 4 No 2 (2020): December 2020
Publisher : Jember University Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jseahr.v4i2.19546

Abstract

Much of the studies on religious freedom in Indonesia have established a striking disconnection between constitutional protections and the actual implementation of religious freedom, underlining the state’s failure as a protector of human rights. Yet, the emphasis on human rights has overlooked why the levels of governmental restrictions are substantially increased in democratized Indonesia, creating a trend of shrinking religious freedom. Using the perspective of civic space, this study analyses the dynamics of such a trend and the involvement of the state as a primary determinant. To demonstrate how and in what way the state engages in creating shrinking religious freedom, this study uses a combination of literature reviews and inspection on past measurements on the religious freedom situation in Indonesia. This study argues that rather than ideological factors, the dynamics of shrinking religious freedom is more related to the unrelenting endeavors from state-actors and agencies to control religion for the purpose of political motives and consideration due to the changing political landscape in a democratized Indonesia.
Sex and Gender Diversity in Southeast Asia Douglas Sanders
Journal of Southeast Asian Human Rights Vol 4 No 2 (2020): December 2020
Publisher : Jember University Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jseahr.v4i2.17281

Abstract

The United Nations human rights system has recognized rights of lesbian, gay, bisexual, transgender and intersex individuals (LGBTI), with key decisions in 2011 and 2016. To what extent are the rights of these groupings respected in Southeast Asia? The visibility of LGBTI is low in Southeast Asia and government attitudes vary. Criminal laws, both secular and Sharia, in some jurisdictions, have prohibitions, but active enforcement is rare. Discrimination in employment is prohibited by law in Thailand and in local laws in the Philippines. Change of legal ‘sex’ for transgender individuals is sometimes possible. Legal recognition of same-sex relationships has been proposed in Thailand and the Philippines, but not yet enacted. Marriage has been opened to same-sex couples in neighboring Taiwan. Laws on adoption and surrogacy generally exclude same-sex couples. So-called ‘normalizing surgery’ on intersex babies needs to be deferred to the child’s maturity, to protect their health and rights.
A Realistic Perspective to Transitional Justice Mirza Satria Buana
Journal of Southeast Asian Human Rights Vol 4 No 2 (2020): December 2020
Publisher : Jember University Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jseahr.v4i2.8395

Abstract

Indonesia is one of the most democratized countries in Asia. There have been some improvements both in political and legal aspects; the most powerful legal reform was the amendments of the 1945 Constitution. In the context of civil and political rights, Indonesian people have exercised their constitutional rights to select political leaders, rotate elites and to enjoy greater civil liberty, even though there are still many rooms for improvements. One of the most vital hurdles is the failure of the reformed governments to settle gross-violation of human rights cases happened in the past. Suharto’s authoritarian regime had exercised repressive actions toward oppositions and civil society movements, including universities’ students, activists and minorities. The ad hoc Court of Human Rights had failed to reveal the truth for some prominent cases, let alone providing remedy and reconciliation. It was highly believed that the trials were conducted only as safeguards to prevent international intervention on Indonesia’s past unlawful violations.
Introduction Al Khanif; Jesper Kulvmann
Journal of Southeast Asian Human Rights Vol 4 No 2 (2020): December 2020
Publisher : Jember University Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jseahr.v4i2.21511

Abstract

Legal System Reform and Challenges on Assurance of Human Rights Standards in Vietnam Thi Hong Yen Nguyen
Journal of Southeast Asian Human Rights Vol 4 No 2 (2020): December 2020
Publisher : Jember University Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jseahr.v4i2.13699

Abstract

Since the Doi Moi (Vietnam’s economic reform) in 1986 to date, Vietnam has continuously made efforts to reform its legal system to better adapt with requirements to develop in different historical periods. Vietnam considers ensuring fundamental human rights as one of the cross-cutting goals in national development policies and strategies. It is undeniable that the outcomes of legal system reform had a positive impact on all aspects of life and on the assurance of human rights and citizen’s rights in particular. However, due to the effects of e international integration and 4.0 industrial revolution the emergence of new-generation trade agreements (FTAs), the current legal system in Vietnam has revealed certain limitations that need to be improved in order to better guarantee fundamental rights. With the objective to bring about the general picture of legal reform on human rights in the recent years in Vietnam, this article will focus on introducing the legal system and its impact on the assurance of human rights standards and highlighting the priorities that need to be revised.
Biometric Data Sharing in Addressing Irregular Migration and Security Issues within the Bali Process Framework for Indonesia and ASEAN Member States Masitoh Indriani; Amira Paripurna
Journal of Southeast Asian Human Rights Vol 4 No 2 (2020): December 2020
Publisher : Jember University Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jseahr.v4i2.17289

Abstract

The Bali Process Declaration on People Smuggling, Trafficking in Persons and Related Transnational Crime acknowledges the large scale and complexity of irregular migration challenges both within and outside the Asia Pacific region. As one of the efforts to decrease irregular migration in this region, the Regional Support Office of the Bali Process (RSO) was established in 2012 to support the implementation of the Bali Process. In this regard, the Bali Process led to an opportunity to develop the use of technology and biometrics data sharing in migration and border management. The purpose of this paper is to discuss the law and policy in addressing the issue of irregular migration in Indonesia. It also explores the development of the utilization of technology and biometrics in the area of migration, security and border management, as a measure in addressing the problem of irregular migration. The discussion focuses on the role and challenges of technology and biometrics data exchange in border management as one of the most important agreements on the Bali Process. This study finds that the gaps within the ASEAN member states in regulating privacy rights and data protection have caused the difficulties in sharing and exchange data/information particularly biometric data. The method used in this research is the doctrinal legal research, which is mainly referred to as library-based research.

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