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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 9 Documents
 1 
Search results for , issue "Vol 6 No 2 (2022): December 2022" : 9 Documents clear
Introduction Al Khanif
Journal of Southeast Asian Human Rights Vol 6 No 2 (2022): December 2022
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jseahr.v6i2.36796

Abstract

Adequacy of Public Information for Meaningful E-Participation in Policy-Making Inna Junaenah; Abd Shukor Mohd Yunus; Normawati Hashim
Journal of Southeast Asian Human Rights Vol 6 No 2 (2022): December 2022
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jseahr.v6i2.32420

Abstract

Within the first two years of COVID-19’s exposure, countries around the world mitigated, among other things, social mobility control, resulting in other limitations on fundamental rights, such as freedom of movement and peaceful assembly. Within the rights restrictions, the desire of citizens to satisfy their desire for information and exercise their right to free expression was insatiable. The authors argue that citizens deserve access to sufficient information in order for them to have a meaningful right to participate. At the same time, electronic means can be an additional feature to channel public participation in policy-making. Regrettably, the primary platform adopted in Human Rights laws in operationalizing the right to participate in public affairs remains minimal to coexist meaningful e-participation embarked on the adequacy of the right to information based on Human Rights (HR) standards. This study aims to answer how a justification for meaningful e-participation in law-making can be defined. It also queries which framework can provide sufficient public information based on a rights-based approach. The study leverages the convention of civil and political rights (ICCPR) as the primary legal instrument for a qualitative doctrinal approach. The study suggests that adequate information should be in one package with e-participation to optimize the enjoyment of the right to participate in policy-making. Keywords: Law-Making, meaningful e-Participation, Right-Based, Right to Information
The Right to Education for Ethnic Minority Women and Girls in Vietnam Nguyen Thi Hong Yen; Do Qui Hoang
Journal of Southeast Asian Human Rights Vol 6 No 2 (2022): December 2022
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jseahr.v6i2.28024

Abstract

The right to education is a fundamental human right that has been widely recognized by the United Nations and in core international human rights instruments. Over the years as an active and responsible member of the international community, Vietnam has always worked on amending its laws to fulfill international commitments that would create an equal legal environment for the enjoyment of fundamental rights, including the right to access education. However, given their unique characteristics, ethnic minority women and girls still face discrimination and dual inequalities in their living environment, including those arising from both their ethnicity and gender. Difficulties in accessing education have led to a low percentage of ethnic minority women working in professional and technical jobs; most do simple jobs with low incomes. Barriers to education or employment generally arise due to gender stereotypes and male chauvinism. With this in mind, this article will focus on the following matters to address and resolve issues related to the right to education for ethnic minority women and girls in Vietnam: (i) an analysis of the international legal framework and Vietnam’s law on topics of gender equality in education for ethnic minority women and girls; (ii) a discussion on the reality of adopting rights to education for ethnic minority women and girls in Vietnam; (iii) identification of barriers and challenges that ethnic minority women and girls face when pursuing their educational rights; and (iv) recommendations for Vietnam to ensure the right to education for ethnic minority women and girls in the future. Keywords: Human rights, minority’s rights, the right to education, gender equality, women’s rights.
Indonesia’s Legal Policies Amid Covid-19 Cekli Setya Pratiwi
Journal of Southeast Asian Human Rights Vol 6 No 2 (2022): December 2022
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jseahr.v6i2.27799

Abstract

The Covid-19 pandemic has forced States to promulgate various legal policies to restrain public activities, including limiting or prohibiting people to exercise their right to religious freedom or beliefs (FoRB) in the public sphere and imposing repressive sanctions. International Human Rights Law (IHRL) regulates the standard limitation of FoRB, but the Government of Indonesia struggled to balance respecting FoRB and protecting public health, especially in the emergency of Covid-19. While the Government is oriented to protect public health, new violations of FORB add more backlog on unresolved cases. Through a Human Rights-Based Approach and case studies, three essential principles of FoRB, namely the principle of non-discrimination, the principle of proportional restriction, and the principle of non-coercion in religion, will be analyzed qualitatively to assess, first, the extent to which legal policies in Indonesia amid Covid-19 are compatible with IHRL. Second, the extent to which these legal policies impact the right to religious freedom of the people. Third, to ask the question: how should the legal policies in the Covid-19 era be formulated so that the State can balance the protection of public health and religious freedom? Keywords: Covid-19, the right to freedom of religion or belief, the right to public health, derogation, limitation.
Disruptions and Corporate Human Rights Responsibility Winibaldus Stefanus Mere; Otto Gusti Ndegong Madung
Journal of Southeast Asian Human Rights Vol 6 No 2 (2022): December 2022
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jseahr.v6i2.34526

Abstract

This article aims to examine the question of how and to what extent business entities can balance the necessities of making business profits and performing social responsibilities in spite of various disruptions encountered in a pandemic. How and to what extent should their social and human rights responsibilities be managed during the COVID-19 pandemic or a similar crisis? The relevance of these questions arises from the fact that while the main purpose of business is to make profits while providing goods, services, jobs, and sources of income to many people, various disruptions arising from policy responses to the COVID-19 pandemic have been posing very serious challenges to business management practices, profitability, and sustainability. These challenges may force businesses to compromise on their social and human rights responsibilities to affected stakeholders for the sake of preserving their commercial responsibilities to their shareholders. This article argues that efforts to ensure effective performance for a balanced approach between commercial responsibilities and human rights responsibilities require a corporate organizational culture that takes human rights risks as seriously as commercial risks. This means there must be an organizational attitude that maintains an unwavering commitment to respect human rights while doing business. In practice, this organizational attitude should be manifested through a clear indicator of its commitment to both “know and “show” human rights responsibilities by way of embedding human rights policy and due diligence procedures into corporate culture. Keywords: Corporate human rights due diligence, disruptions, COVID-19, Pandemic, Business dilemma
Beyond the Global Agenda Abubakar Eby Hara; Suyani Indriastuti; Agus Trihartono
Journal of Southeast Asian Human Rights Vol 6 No 2 (2022): December 2022
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jseahr.v6i2.34112

Abstract

This article examines how state and religious non-state actors understand and make efforts to overcome human security challenges in Indonesia. The activities of these actors are largely outside the UNDP global human security agenda because they have been conducted long before the concept of human security was popularised. The authors seek to reinterpret the concept of human security as a paradigm to make it more attuned to the experience of the state and religious non-state actors when dealing with human security challenges in the Indonesian context. Data from primary and secondary sources gathered in Indonesia in 2021 reveals that religious motivations and environmental threats drive the agendas of religious non-state actors operating in Indonesia. Keywords: Human Security, Religious non-state actor, norm diffusion, UNDP, and Indonesia.
Centering Acculturation as an Approach to Challenging the Fragility of Human Rights in Indonesia Maksimus Regus
Journal of Southeast Asian Human Rights Vol 6 No 2 (2022): December 2022
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jseahr.v6i2.31150

Abstract

The degree of fulfillment of human rights differs from one situation to another, from one country to another. Although a country's constitution sets out the framework for protecting human rights, attacks on human rights at a practical level are visible. We can see that human rights are increasingly fragile. Specifically, Indonesia is experiencing a various kinds of human rights problems. For example, some minority groups such as the Ahmadiyya minority Group and Christians, routinely face discrimination and restrictions on human rights. This article discusses the concept of acculturation as an approach to challenging the fragility of human rights in Indonesia specifically and, more broadly, around the world. The author uses a critical analysis of previous academic studies to explore and elaborate on this discourse. Keywords: Acculturation, Human Rights, Minorities, State, UDHR, Indonesia
Struggling with Development Mirza Satria Buana
Journal of Southeast Asian Human Rights Vol 6 No 2 (2022): December 2022
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jseahr.v6i2.30184

Abstract

This research examines the concept of a regional wide-ranging autonomy principle that aims to promote local uniqueness and traditions and their impact on the rights and protections of traditional communities and their Traditional Knowledge (TK). Empirical data collected from early to mid-2021 in Barito Kuala District, Indonesia, was used. The results revealed that the local government has no practical autonomy, nor does it protect traditional communities from the negative effects of development projects as all regional Bills must uphold the limited affairs stated in the 2014 Regional Autonomy Act. The sources of this bottleneck are the ambiguities in the Constitution and the loopholes in the 2014 Act. These legal flaws are worsened by elite connections in central and local governments creating a ‘trade-off’, in which the local government must uphold the Unitary State doctrine while the central government remains silent about the corrupt political dynasties in the district. This study advances the existing contemporary understanding of decentralization and development projects that often contradict the law. Keywords: Indonesia decentralization; agricultural traditions; law and development; traditional farmers; national and local elites.
Reformulation of Agrarian Regulations Within a Human Rights Framework Agus Suntoro; Nurrahman Aji Utomo; Mardhika Agestyaning Hermanto
Journal of Southeast Asian Human Rights Vol 6 No 2 (2022): December 2022
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jseahr.v6i2.27776

Abstract

The complexities of land and natural resource cases involve multiple stakeholders ranging from the government and security forces to corporations. The conflicts that drive these cases are reflected in the Indonesian Commission on Human Rights data and in complaints from civil society. One contributing issue is driven by regulatory factors in the agrarian sector that is not in line with international human rights principles and norms. The analysis of these problems will be described in three discussions: one identifying the meaning of agrarian followed by a model for internalizing human rights instruments and principles in domestic regulations, and one affirming the responsibilities of the State and of corporations in the business. This paper concludes that differences in agrarian terms in various laws cause problems in norms and practices that affect multiple conflicts. Second, it emphasizes the urgency with which key players must evaluate different sectoral rules related to land and natural resources as well as harmonize domestic regulations with human rights principles and norms; and third, it underscores the importance of strengthening the responsibility of the State in regulating corporations to respect human rights and to make remedies for victims. Keywords: land and natural resources, agrarian reform, human rights instruments and principles, state and corporate responsibility

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