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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 8 Documents
 1 
Search results for , issue "Vol 7 No 2 (2023): December 2023" : 8 Documents clear
Commentary on “Marginalisation and Human Rights in Southeast Asia” by Routledge Sahrasad, Herdi
Journal of Southeast Asian Human Rights Vol 7 No 2 (2023): December 2023
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jseahr.v7i2.42969

Abstract

Human rights and democracy in Southeast Asia continues to attract the attention of scientists in this region to study and examine them in depth. In this context, a centralized and methodical style of authoritarianism, such as that used by Suharto's New Order in Indonesia, has restricted public dialogue of human rights and democracy , and is unlikely to attract the public of Southeast Asia today, according to social scientists, researchers, and Islamic scholars (ulemas). The people of Southeast Asia are tireless champions of human rights, social justice, and democracy to this day. The editors of this book, namely Al Khanif and Khoo Ying Hooi, have put together a book that, in its own way, succinctly and forcefully analyzes marginalization and human rights in Southeast Asia and provides a range of perspectives on the subject. This book covers a wide range of topics, including the success of ASEAN cooperation in ending statelessness, human rights violations committed against migrant workers, the protection of disabled people's rights on a regional scale, the Rohingya refugee crisis, the Moro's plight, religious and ethnic minorities' rights, academic freedom in authoritarian regimes, child abuse, and security concerns in Southeast Asia. Keywords: Southeast Asia, Human Rights
Introduction Kulvmann, Jesper
Journal of Southeast Asian Human Rights Vol 7 No 2 (2023): December 2023
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jseahr.v7i2.45294

Abstract

Governance and Protection of Indonesian Migrant Workers in Malaysia Prianto, Andi Luhur; Amri, Aqmal Reza; Ajis, Mohd Na’eim
Journal of Southeast Asian Human Rights Vol 7 No 2 (2023): December 2023
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jseahr.v7i2.44185

Abstract

Protecting Indonesian migrant workers (IMWs) in Malaysia is a matter of great significance due to Indonesia's status as one of the primary source countries for migrant workers to Malaysia. Consequently, it necessitates the implementation of comprehensive governance measures by both nations. This paper aims to analyze the joint endeavors and collaborative frameworks established between governments of Indonesia and Malaysia. Additionally, it seeks to identify the network of policies and innovations enacted in both countries related to the protection and regulation of migrant workers. This research was enhanced through the utilization of NVivo qualitative analysis software. This article shows that efforts to protect IMWs in Malaysia involve many government institutions in both countries, especially at ministerial and departmental levels. The policies established between the two countries are also able to support the success of migrant protection, especially with the agreement between the two countries in the form of signing a Memorandum of Understanding (MoU). This MoU gave birth to innovation in digital-based migrant worker protection services, namely a "one channel system" as the only official mechanism for recruiting workers. However, at the implementation stage, this innovation has not gone well and necessitated a sincere effort from both countries in implementing it, especially Malaysia as the destination country. Keywords: Indonesian Migrant Workers, Policy Network, Innovation, Governance
Addressing Prison Education and the Obstacles in Ensuring the Right to Education in Indonesian Juvenile Correctional Facilities Prayitno, Kuat Puji; Oktobrian, Dwiki; Barkhuizen, Jaco
Journal of Southeast Asian Human Rights Vol 7 No 2 (2023): December 2023
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jseahr.v7i2.42656

Abstract

Reintegrating juvenile offenders into society with a positive reception is a primary objective of education, aimed at breaking the cycle of incarceration that results in recidivism. This article aims to delineate the prison education policies within Indonesian juvenile correctional facilities (LPKA), focusing on regulatory frameworks and their practical implementation. It focuses on the issue of the LPKA's capability in Indonesia to ensure access to education, which is a fundamental right of juvenile inmates, and on whether its benefits can be felt and realized. Data collection methods encompassed interviews, regulatory assessments, institutional report evaluations, and literature reviews. Findings indicate that, despite a 270% decrease in juvenile inmate numbers from 2018 to 2022, only 68% of this population was granted educational access. Contributing factors include specific regulatory constraints on educational access and a lack of innovative collaborations, even with the reduced workload in LPKA. The study advocates for the initiation of formal educational institutions within LPKA, minimizing reliance on the Ministry of Education and allowing for curriculum adaptation to prevailing conditions. Keywords: Prison Education, Right to Education, Juvenile Correctional Facilities, Juvenile Inmates, Social Rehabilitation
Human Rights and Its Contested Legal Paradigm Putro, Widodo Dwi
Journal of Southeast Asian Human Rights Vol 7 No 2 (2023): December 2023
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jseahr.v7i2.39308

Abstract

This article examines the philosophical foundation of the tension between two contested legal paradigms, namely the Sociological Jurisprudence and Historical School of Jurisprudence, and how the contestation affects human rights discourse in Indonesia. Sociological jurisprudence perceives law as a tool of social engineering, while the Historical School of Jurisprudence argues that the development of law is a subconscious and organic process. Such contested legal paradigms are relevant to the case of “kawin tangkap” or bride kidnapping in Sumba, East Nusa Tenggara Indonesia. This is certainly problematic from the human rights perspective, as it is contradictory to the protection of women and children. However, like in some other traditions, the practice has been continuously preserved in local communities. The article employs legal anthropology research methods to delve into the symbols and meanings embedded within the customary laws obeyed by local communities. Additionally, this research utilizes legal philosophy methodologies to scrutinize paradigmatic disputes among schools of thought and how these disputes affect the rights of women. The study also investigates variances in perspectives concerning customary law, state law, and human rights, particularly in the context of examining the tradition of captive bride kidnapping. The challenge lies in how human rights can be employed to foster a gradual shift away from deeply ingrained patriarchal cultural norms and practices, with the aim of enhancing the protection of women’s and children’s rights, all while preserving customary laws and the harmony of local communities. This article endeavors to address this challenge by advocating for effective communication strategies that encourage local communities to embrace human rights principles and abide by the law, driven by rational awareness. The findings from this research conscientiously raise awareness about human rights within local communities through effective legal communication, without disrupting the existing local order. Keywords: Human Rights, Historical School of Jurisprudence, Bride Kidnapping, Sociological Jurisprudence, Communication.
Human Rights and Views of the Catholic Church under Habermas Discourse Theory Madung, Otto Gusti Ndegong; Sihombing, Adison Adrianus; Prasojo, Zaenuddin Hudi
Journal of Southeast Asian Human Rights Vol 7 No 2 (2023): December 2023
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jseahr.v7i2.38464

Abstract

This article aims to explain the views of the Catholic Church on human rights and put them into dialogue with the concept of human rights based on discourse theory as put forward by Jürgen Habermas. In the view of the Catholic Church, the ethical basis for the concept of human rights is the biblical view of human beings as being made in the image of God, which later became the forerunner to the birth of the concept of human dignity and the ethical basis for human rights. This article shows that the discourse theory rejects this theological model of justification for human rights. The criticism of the discourse theory as it relates to an absolute paradigm is that the absolute paradigm requires metaphysical premises. However, in a modern society characterized by a pluralism of worldviews and philosophical and religious beliefs, such metaphysical claims are no longer acceptable. Through the lens of discourse theory, the foundation of the notion of human rights cannot be based on the pre-political basis of religious values. This discourse theory grounding model is based on the conditions of contemporary post-metaphysical society, characterized by a plurality of comprehensive doctrines. However, Habermas emphasizes the role of religion in the public sphere in promoting human rights. He advocates for the reinvention of public reason by encouraging religious people to translate sacred terms into secular language when entering formal political spaces. According to Habermas’ theories, democratic decision-making must allow citizens the right to use religious terms in public debate. Furthermore, this article shows that discourse theory creates a roadmap for human rights by allowing religion, law, and politics to coexist. Only if we adhere to the principles of discourse theory can we guarantee the fair and just participation of both secular and religious members in a democratic constitutional state. Keywords: Human Rights, Catholic Church, Religion, Habermas’s Discourse Theory
State Actors in Agrarian Conflicts Rahmawati, Etika; Rahayu, Esmi Warassih Pudji; Sukirno, Sukirno
Journal of Southeast Asian Human Rights Vol 7 No 2 (2023): December 2023
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jseahr.v7i2.43798

Abstract

This study focuses on the involvement of state actors in agrarian conflict. Various policies have been introduced in order to resolve the agrarian conflicts. However, the existence of these policies did not necessarily bring about positive changes in the subsequent years. From 2012 to 2022 (a decade), agrarian conflicts have become increasingly uncontrollable. Throughout the year 2022, there were at least 212 eruptions of agrarian conflicts in various investment and corporate-based business sectors. Permits, concessions, and land rights continued to be granted to companies, even though these companies had caused numerous agrarian conflicts within the community. The implementation of the rule of law concept has not been able to be fully realized as it should. The ongoing agrarian conflicts have demonstrated how the state acts based on power when directly dealing with the community. Using the theories of legitimacy and space production, the issues regarding agrarian conflicts and the state actors involved will be analyzed in-depth. Keywords: Agrarian Conflict, State Actors, Rule of Law
Determining Appropriate Policies for Prostitution Reform in Indonesia Natalis, Aga; Purwanti, Ani; Asmara, Teddy
Journal of Southeast Asian Human Rights Vol 7 No 2 (2023): December 2023
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jseahr.v7i2.37952

Abstract

In the context of the current efforts that Indonesia is making to alter its prostitution laws, it is of the utmost importance to determine the strategy that will be most effective. The two strategies implemented most are known as harm reduction and harm elimination. This study employs a juridical-normative research method to analyse various plans, weighing the pros and cons of each option and providing recommendations on the most suitable approach for Indonesia. The findings highlight the necessity for an all-encompassing and multi-disciplinary approach, intending to strike a balance between the protection of the rights of sex workers and the reduction of harm done to society. It has been found that a policy of harm reduction may be more appropriate for Indonesia as it recognises the existence of prostitution and works toward addressing the root causes of the problem while simultaneously attempting to lessen the adverse effects of the practice. Keywords: Prostitution Policy, Harm Elimination; Harm Reduction; Prostitution Law; Indonesia

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