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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
 1 
Search results for , issue "Vol. 8 No. 2 (2024): December 2024" : 7 Documents clear
Achieving Fair and Equal Access to Vaccination for Persons with Disabilities in Indonesia: A Lesson Learned from the Vaccination Programme in the COVID-19 Outbreak Kusumawati, Erna Dyah; Sasmini, Sasmini; Firdausy, Adriana Grahani
Journal of Southeast Asian Human Rights Vol. 8 No. 2 (2024): December 2024
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jseahr.v8i2.35534

Abstract

The World Health Organisation has recommended that its member states conduct national vaccination programs based on fair and equal access principles. COVID-19 has had more severe impacts on persons with disabilities (PwDs). This article focuses on how the provisions of international human rights instruments obligate countries to provide vaccination for PwDs. Further, these provisions will be used to analyse the law and policy adopted by the Indonesian government related to the vaccination program designed for this group. This article used both normative/doctrinal and empirical legal research methods. Based on international human rights law, access to vaccines and medical technology are elements of the right to health under the AAAQ principles. Member states should consider groups’ vulnerabilities, risks, and needs when designing the vaccination program. Some groups risk experiencing a more significant burden from the pandemic due to underlying social, geographic, or biomedical factors. PwDs are people coming from diverse backgrounds. Thus, the challenges they face will vary according to age diversity, gender, types of disability, ethnicity, sexual orientation, and migration status. The results show that Indonesia, during the first vaccine rollout, did not explicitly mention disability as a priority. PwDs have experienced barriers in accessing vaccination due to a few persistent problems. In the future, national vaccination programs should include measures to overcome such barriers and ensure that PwDs have equal access to the vaccine and other healthcare services. Such access will enable the fulfilment of the right to health of the PwDs as guaranteed both under international human rights law and domestic law. In addition, future healthcare policy should put PwDs at the centre and address the unique needs and preferences of disabled people, including their cultural and language requirements.   Keywords: COVID-19 Vaccine, Persons with Disability, Equal Access, Indonesia
Navigating Islam and Human Rights: Examining Women's Right to Refuse Pregnancy in Indonesia Zuhriah, Erfaniah; Syahriana, Nur Alfy; Ali, Zezen Zainul
Journal of Southeast Asian Human Rights Vol. 8 No. 2 (2024): December 2024
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jseahr.v8i2.42631

Abstract

The purpose of this study is to examine whether women have the right to refuse pregnancy. This idea is an Islamic jurisprudence initiated by KH. Husein Muhammad, an Indonesian feminist scholar. This study analyzes the reasons for the emergence of Husein Muhammad's thoughts and provides constructive criticism. The article argues that in Indonesian society, married couples are always required to have children in their marriage. This demand leaves women with no opportunity to bargain over their position as bearers of the reproductive function, and even forces them to become pregnant. In contrast, Islam strongly upholds the interests and justice for women. By using a qualitative approach and literature, as well as data obtained by collecting references and documentation in accordance with the research theme, it was found that Husein Muhammad’s concept of women having the right to refuse pregnancy was influenced not only by the meaning of the text but also by the externalization of thoughts that arose as a result of the process of interaction and dialectics with the people around him. The objectivation process is carried out in the process of Husein Muhammad's self-interpretation of the knowledge that has been obtained, shaped by his history of studying women’s issues. Husein Muhammad based his thoughts on Islamic principles, namely justice, deliberation, equality, and peace. Therefore, the right to refuse pregnancy can be categorized as a natural right in human rights. However, the right is still bound to other aspects and is not fully applicable.   Keywords: Women’s Rights, Women’s Perspectives, Islamic Legal Construction, Discrimination, Husein Muhammad
A Human Rights Approach to Examine Indonesia’s Social Forestry Policies Mangkunegara, RM Ahmada -; Alfirdaus, Laila Kholid; Fitriah, Fitriah
Journal of Southeast Asian Human Rights Vol. 8 No. 2 (2024): December 2024
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jseahr.v8i2.52858

Abstract

This research evaluates social forestry policies in Indonesia through the lens of human rights, focusing on the experiences of forest farmers within local communities. While social forestry is intended to empower marginalized groups, promote forest conservation, and ensure equitable access to resources, its implementation exposes systemic barriers that undermine the human rights of local communities. Such issues restrict the right of affected marginalised communities such as indigenous peoples and women. This exclusion perpetuates socio-economic inequalities and undermines their fundamental rights to fair participation and equitable resource distribution. Based on this observation, the study highlights significant gaps in policy implementation. By drawing comparisons with community-based forest management models in other countries, the study underscores the importance of collaborative governance and equitable benefit-sharing mechanisms. The findings emphasize the need for a rights-based, integrated approach to social forestry that prioritizes transparency, inclusivity, and the empowerment of marginalized groups. Aligning local implementation with global human rights and conservation goals is essential for achieving equitable, sustainable, and socially just outcomes in Indonesia's social forestry initiatives. Keywords: Human Rights, Social Forestry, Indonesia, Marginalised Communities, Indigenous People
Democratisation and the Labour Struggle: Trade Union Dynamics in Malaysian Borneo and Indonesian Borneo Syed Annuar, Sharifah Nursyahidah
Journal of Southeast Asian Human Rights Vol. 8 No. 2 (2024): December 2024
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jseahr.v8i2.45220

Abstract

Trade unions are proliferating in Malaysia despite the presence of a semi-authoritarian climate. Comparatively, Indonesia is observing a decline in trade unions and respective membership despite a developing democracy. The present study aims to assess the trade unions in Malaysian and Indonesian Borneo that are rarely given attention. The literature revealed that the national culture significantly influences trade unions in both regions. For instance, the trade unions in Malaysian Borneo are highly distinctive compared to those of Peninsular Malaysia. Subsequently, national culture, including individualism and collectivism, uncertainty avoidance, power distance, and masculinity versus femininity, affect the adherence to the national trend. Moreover, internal and external factors, such as union awareness, the commando spirit, cooperative or confrontational attitudes, employment laws, and opinion differences could impact trade unions and democracy. Accordingly, this study conducted case studies on three main economic sectors with high similarities, namely oil and gas, timber, and palm oil in both regions to determine the underlying factors. Although Malaysian and Indonesian Borneo demonstrated significant differences in the observance of national trends, similar democracy challenges, especially marginalisation and disempowerment of workers and trade unions, were observed.
Victims of (State) Terrorism: Human Rights Challenges in Indonesia Prasetyo, Hery
Journal of Southeast Asian Human Rights Vol. 8 No. 2 (2024): December 2024
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jseahr.v8i2.36688

Abstract

The discussion of state power tends to elaborate on the problem of the legitimation of using force to deliver public goods. Seminal works by Machiavellian theoreticians stand on this argument and focus on developing a strong government that can control how the power works. There is a debate continuously elaborating on the nature of state power, mainly to present the humanist power relations; however, the problems of overuse of power and the fallen victims cannot wait until academia makes a consensus. With the various governmental models, the state has a complex issue, such as the nexus between the plurality of social identity and other categories attributed to the citizens, which becomes essential to overcome the problems of unpredictable enemies with the most efficient strategist. Following these backgrounds, it is crucial to enhance knowledge about the variety of the implementation of state power to control, supervise, and docile the citizens. In doing so, first, figuring the concept of terrorism with multiple interpretations, in which states play their strategy to raise public awareness while elevating the regime of terror by creating a common enemy. Secondly, how has the technology to govern, with a technicalization of specific indicators, been used to manage the risk and possibly minimize the number of victims. Lastly, concern about this condition leads to human rights fulfillment, particularly how the state's "conduct to conduct" can ensure citizens' well-being. As a point for reflection, this essay argues that state power has a paradox in delivering sovereignty; the challenge is how to construct social spaces that can reduce the overuse of power. Keywords: Governmentality, Human Rights, Power, State, Terrorism
Right to Access Social Housing in the Perspective of International Human Rights Law and Vietnam’s Regulations Nguyen, Yen Thi Hong; Nguyen, Hoi Van
Journal of Southeast Asian Human Rights Vol. 8 No. 2 (2024): December 2024
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jseahr.v8i2.45021

Abstract

Housing is one of the basic needs of each individual, family and society. This right has also been widely recognized in international human rights instruments at the global, regional and national levels. The general comments of the United Nations convention committees also point out that the right to housing is not simply the right to have a place to reside but also refers to many different aspects of maintaining residence and the surrounding living conditions. The explanations also mentioned the responsibility of countries to ensure access to housing for particular groups in society and consider it as a part of social security policy. Although it is a developing country with many difficulties and challenges in economic development, from a very early age, Vietnam has paid special attention to fundamental human rights, particularly the right to housing. Although specific outcomes have been achieved, there are perspectives that the quantity and total area of social housing constructed still need to satisfy the objectives established in the National Housing Development Strategy 2020 and vision for 2030. In addition, implementing related regulations remains plagued with challenges and concerns. From the situation, the article will focus on  (i) clarifying the legal and practical issues of ensuring access to social housing at international and national levels and (ii) pointing out the challenges and legal gaps in this field in Vietnam. From there, (iii) providing suggestions for Vietnam to implement effectively this right of Vietnamese citizens in the coming time. Keywords: Right to Housing, the Human Right to Adequate Housing, Social Housing, Human Rights, Individual’s Rights
Legal Antinomy in Exercising Civil Rights of Persons with Disabilities in Notarial Activities: Lessons Learned from Indonesia Sendrawan, Tjhong; Agustina, Rosa; Makarim, Edmon
Journal of Southeast Asian Human Rights Vol. 8 No. 2 (2024): December 2024
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jseahr.v8i2.44270

Abstract

This paper addresses the legal antinomy present in the exercise of civil rights for persons with disabilities (PWD) in notarial activities in Indonesia. The conflict arises between the need for legal certainty, as required by national laws, and the obligation to provide equal justice and access for PWD, as mandated by the Convention on the Rights of Persons with Disabilities (CRPD). Key provisions of the Indonesian Notary Law, particularly the Notary Law Amendment of 2014, impose barriers that hinder PWD from fully exercising their civil rights. These issues highlight the lack of clear guidelines for notaries in accommodating PWD, resulting in legal uncertainty and potential discrimination. This paper proposes legal reforms and emphasizes the need for notaries to act as facilitators of justice, ensuring equal access to civil rights for PWD in line with international human rights standards. The study employs a doctrinal legal research method, conducting literature reviews of various primary, secondary, and tertiary legal materials, such as an international convention, notary laws, books, journals, dictionaries, and research papers published relevant to the topic.  This article limits the analysis of human rights of PWD to their access of civil rights services provided by a notary. A notary needs to understand and carefully make legal judgment when providing advice and drawing up notarial acts under various circumstances involving disabilities. In the end, this paper acknowledges a significant finding that Article 16 paragraph (1) letter (c), Article 42 paragraph (2) and paragraph (3), and Article 43 paragraph (3) of the Notary Law Amendment of 2014 currently hinder the exercise of civil rights of PWD. This paper offers both theoretical and empirical contributions to the ongoing discussion and presents perspectives from the Indonesian Constitutional Court Judgement Number 93/PUU-XX/2022, which amends the provisions of Article 433 Indonesian Civil Code and argues for the importance of a specific understanding and guidelines on this issue. Keywords: Access to Justice, Disability Rights, Equality, Human Rights Model, Notary Acts

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