Journal of SouthEast Asian Human Rights
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.
Articles
128 Documents
<![CDATA[Beyond the Global Agenda ]]>
<![CDATA[Abubakar Eby Hara]]>;
<![CDATA[Suyani Indriastuti]]>;
<![CDATA[Agus Trihartono]]>
<![CDATA[ Journal of Southeast Asian Human Rights Vol 6 No 2 (2022): December 2022 ]]>
Publisher : <![CDATA[University of Jember ]]>
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DOI: 10.19184/jseahr.v6i2.34112
<![CDATA[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.]]>
<![CDATA[Centering Acculturation as an Approach to Challenging the Fragility of Human Rights in Indonesia ]]>
<![CDATA[Maksimus Regus]]>
<![CDATA[ Journal of Southeast Asian Human Rights Vol 6 No 2 (2022): December 2022 ]]>
Publisher : <![CDATA[University of Jember ]]>
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DOI: 10.19184/jseahr.v6i2.31150
<![CDATA[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]]>
<![CDATA[Struggling with Development ]]>
<![CDATA[Mirza Satria Buana]]>
<![CDATA[ Journal of Southeast Asian Human Rights Vol 6 No 2 (2022): December 2022 ]]>
Publisher : <![CDATA[University of Jember ]]>
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DOI: 10.19184/jseahr.v6i2.30184
<![CDATA[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.]]>
<![CDATA[Reformulation of Agrarian Regulations Within a Human Rights Framework ]]>
<![CDATA[Agus Suntoro]]>;
<![CDATA[Nurrahman Aji Utomo]]>;
<![CDATA[Mardhika Agestyaning Hermanto]]>
<![CDATA[ Journal of Southeast Asian Human Rights Vol 6 No 2 (2022): December 2022 ]]>
Publisher : <![CDATA[University of Jember ]]>
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DOI: 10.19184/jseahr.v6i2.27776
<![CDATA[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]]>
<![CDATA[Unfolding the Landscape of Conflict ]]>
<![CDATA[Made Selly Dwi Suryanti]]>;
<![CDATA[M. Zaenul Muttaqin]]>;
<![CDATA[Sukron Makmun]]>
<![CDATA[ Journal of Southeast Asian Human Rights Vol 7 No 1 (2023): June 2023 ]]>
Publisher : <![CDATA[University of Jember ]]>
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DOI: 10.19184/jseahr.v7i1.30517
<![CDATA[This study aims to examine the role of the United Nations Fund for Women (UNIFEM) in upholding women's rights by helping victims of sexual violence in the Darfur region of Sudan. By extension, it explores whether the organisation provided an effective example of a feminist groups in the face of this issue. This research is descriptive, using qualitative methods. The data taken is based on relevant books, academic journals, and online material. The analytical tools used are the concepts of feminism and international cooperation. The results of this research show that, when attempting to solve the problem of sexual violence in Darfur, UNIFEM came to the aid of victims, collaborating with local institutions in the area. This resulted in positive outcomes for sexual violence victims in Darfur, though UNIFEM continues to face several challenges. Keywords: Feminism, Sexual Violence, Conflict, UNIFEM]]>
<![CDATA[A Review of Indonesian Nationality Law ]]>
<![CDATA[Zendy Wulan Ayu Widhi Prameswari]]>;
<![CDATA[Erni Agustin]]>;
<![CDATA[Stefania Arshanty Felicia]]>
<![CDATA[ Journal of Southeast Asian Human Rights Vol 7 No 1 (2023): June 2023 ]]>
Publisher : <![CDATA[University of Jember ]]>
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DOI: 10.19184/jseahr.v7i1.35080
<![CDATA[Stateless people are often denied access to the same rights and services as citizens. Furthermore, statelessness is often the result of discrimination against women, an issue that SDGs aim to address. This paper analyses how the Indonesian Nationality Law protects children at risk of statelessness. It also raises some legal challenges when applying the law with regards to the country's SDG achievements. Discussion of the nationality law in Indonesia is not new, but scrutinising it in connection to Indonesia's achievement of SDGs has yet to be carried out by other authors. This paper is legal research using statute and conceptual approaches. The study shows that by reforming its nationality law, the Indonesian Government has allowed women to confer their nationality on their children equally with men. However, some challenges related to the implementation of this new law and its regulations still have the potential to cause issues of discrimination and statelessness for Indonesian children, which relates strongly to the issues addressed by SDGs. Additionally, this paper will be useful for the development of constitutional law, especially human rights and nationality laws in Indonesia. Keywords: Children’s Rights, Indonesian Nationality Law, Non-discrimination Principle, SDGs, Statelessness]]>
<![CDATA[Criminal Justice Responses to Trafficking in Persons ]]>
<![CDATA[Ngo Thi Minh Huong]]>;
<![CDATA[Giao Cong Vu]]>
<![CDATA[ Journal of Southeast Asian Human Rights Vol 7 No 1 (2023): June 2023 ]]>
Publisher : <![CDATA[University of Jember ]]>
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DOI: 10.19184/jseahr.v7i1.38631
<![CDATA[Human trafficking is a domestic and transnational crime that poses complex law enforcement challenges to all nations. Vietnam is particularly affected due to rapid growth in labour migration and international tourism. The presumption of law makers is that by improving the criminal justice response to trafficking in persons (TIP), its incidence within the country and beyond its borders will decrease. Inherent in this premise is the assumption that strong legal sanctions deter would-be traffickers. This paper describes Vietnam’s criminal justice responses to human trafficking with reference to the legal framework and institutions. Barriers and challenges in implementing the ASEAN Convention on Trafficking in Persons (ACTIP), and the underlying reasons why the current response is inadequate in addressing TIP are identified with a focus on issues associated with victims and trials. The paper argues that Vietnam needs to increase efforts to meet its obligations and standards as set out in the United Nation’s Recommended Principles and Guideline on Human Rights and Human Trafficking and ACTIP. In particular, prosecution of traffickers and the protection of victims need to be prioritised. Keywords: Human Trafficking, Human Rights, Labor Migration, Criminal Justice, Vietnam]]>
<![CDATA[A Socio-Historical Study of Women's Rights Advocacy in Islamic Legal Construction ]]>
<![CDATA[Ma'mun, Sukron]]>;
<![CDATA[Maliki, Ibnu Akbar]]>
<![CDATA[ Journal of Southeast Asian Human Rights Vol 7 No 1 (2023): June 2023 ]]>
Publisher : <![CDATA[University of Jember ]]>
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DOI: 10.19184/jseahr.v7i1.39156
<![CDATA[This article presents evidence that the construction of Islamic law is influenced by women's voices, experiences, and problems. It also offers a critique of the misogynistic narrative of Islamic law. Adopting a socio-historical approach with a women's perspective, this research demonstrates the inadequacy of current studies that argue that Islamic law places women in an inferior and subordinate position to men. Critical analysis of the asbabun nuzul text of the Qur'an is the primary analytical tool used in this study. Polygamy, khulu', zhihar, and inheritance are the four main issues examined, and the study shows that the complaints and advocacy of women played a critical role in shaping the Islamic law system. Women's perspectives serve as a spiritual foundation in the development of Islamic law and cannot be disregarded. By considering women's perspectives, fair benefits can be realised, and a sense of justice can be achieved for vulnerable groups, such as women. Keywords: Women’s rights, women’s perspectives, Islamic legal construction, discrimination]]>
<![CDATA[The Undefeated Defeat ]]>
<![CDATA[Yunita, Fenny Tria]]>;
<![CDATA[Prasetyo, Hery]]>;
<![CDATA[Rosa, Dien Vidia]]>
<![CDATA[ Journal of Southeast Asian Human Rights Vol 7 No 1 (2023): June 2023 ]]>
Publisher : <![CDATA[University of Jember ]]>
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DOI: 10.19184/jseahr.v7i1.39200
<![CDATA[This study critically examines the existence of indigenous peoples within the framework of promoting cultural rights in Indonesia. The main reason for this study is that the Indonesian Law on Advancement of Culture enacted in 2017 did not explicitly include indigenous peoples as a crucial aspect of preserving cultural activities. Consequently, there has been no significant policy reform from the Indonesian government to maintain the rights and existence of indigenous peoples, primarily their cultural rights. From a human rights perspective, culture shapes indigenous peoples' collective identity and political force, hence Indonesia is responsible for protecting and fulfilling their collective rights. Based on the discourse analysis, this study examines two questions: First, to what extent does the recognition of indigenous peoples in the Law on the Promotion of Culture ensure the promotion of the cultural rights of indigenous people? Secondly, what government policies are directed to fulfill indigenous peoples' rights? The finding of this study is that the partial recognition of cultural rights for indigenous peoples affected the undisputable conflicts surrounding sacred rites, which affected the promotion of the collective identity of indigenous people. Keywords: Cultural rights, Identity, Indigenous politics, Land, Marginalization]]>
