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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 128 Documents
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Between Tradition and Revolution Huong, Ngo Thi Minh
Journal of Southeast Asian Human Rights Vol 8 No 1 (2024): June 2024
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jseahr.v8i1.47877

Abstract

Over the past century, the trajectory of gender equality in Vietnam has been marked by a nuanced interplay of historical contexts, societal norms, and ideological shifts. A burgeoning women’s movement has emerged, favoring the term ‘gender equality’ over ‘feminism’ in private and public spheres. Gender equality has historically challenged traditional norms, notably during times of war, reshaping gender roles. Under communism, gender equality became static, confining feminism within a framework of patriotism and heroism. The persistence of gender equality is revealed in the context of a complex and contested amalgam of Western feminist ideas and historical antecedents. This article delves into the evolution of gender roles in Vietnam, exploring how communism and wartime conditions influenced feminism from the national liberation era to the Vietnam War. The article argues that the patriarchal structure present in a longstanding culture of Confucianism in Vietnam does not inherently obstruct gender equality and women's rights. Instead, it stems from changing women’s roles outside the domestic sphere to heroism during war efforts. Vietnamese women’s movement, before the term ‘gender equality,’ emerged during wartime but did not contest feminism. The notion of gender equality has become static; however, feminism is still contested and has yet to be imported to this day. Keywords: Feminism, Gender Equality, War, Communism, Vietnam.
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
Kirpan Sikh in Indonesian Legal Context Sinaga, Lestari Victoria; Fernando, Zico Junius; Sidauruk, Jupenris
Journal of Southeast Asian Human Rights Vol 8 No 1 (2024): June 2024
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jseahr.v8i1.34051

Abstract

This research delves into the nuanced interplay between religious freedom and legal norms in Indonesia, with a specific focus on the Sikh practice of carrying the kirpan. This ceremonial dagger, integral to Sikh faith and identity, presents a unique challenge within Indonesia's diverse legal and socio-cultural landscape, marked by the country's commitment to Pancasila, which emphasizes religious freedom, unity in diversity, and social justice. By employing a normative juridical approach, this study scrutinizes the tension between the kirpan as a manifestation of religious expression and public safety concerns, utilizing comparative analysis to explore international perspectives and solutions. The investigation reveals a critical need for Indonesia to refine its legal and policy frameworks to more effectively accommodate religious practices like the kirpan. Drawing lessons from countries such as India, the UK, Canada, the US, and Sweden, the research advocates for inclusive legal reforms, enhanced public education, and robust intercultural dialogue. These strategies aim to reconcile the practice of carrying the kirpan with public safety imperatives, reflecting a deeper understanding and respect for religious diversity. The findings underscore the significance of integrating Indonesia's foundational principles of Pancasila into the contemporary discourse on religious freedom and minority rights. The study posits that respecting the kirpan within this ideological framework not only aligns with Indonesia's commitment to diversity and tolerance but also strengthens national unity and social harmony. This research contributes to the broader discourse on balancing religious expression and public safety in pluralistic societies, offering a comprehensive blueprint for policy and legal reforms that honor both religious freedom and collective well-being. It emphasizes the importance of dialogue, education, and legal inclusivity in fostering a society that upholds the dignity and rights of all individuals, irrespective of their religious practices. Keywords: Kirpan, Sikh, Freedom of Religion and Human Rights (FoRB), Criminal Law, Indonesia
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

Sharia-based Custom and the Politics of Religious Freedom in Contemporary West Sumatra, Indonesia Taufik, Zulfan
Journal of Southeast Asian Human Rights Vol 8 No 1 (2024): June 2024
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jseahr.v8i1.40622

Abstract

Strengthening religious identity politics can be identified as one of the main factors contributing to the decline in religious freedom in Indonesia. While religious identity politics may serve to mobilize certain groups or advance specific agendas, its escalation often comes at the expense of religious freedom and social harmony. Against Indonesia's pluralistic society and decentralized governance system, West Sumatra stands out for its unique blend of Islamic tradition and local adat (customary law), which often challenge the state's legal framework and constitutional guarantees of religious freedom. This article aims to analyze the impact of Sharia-based custom (ABS-SBK)-based identity politics on religious freedom in West Sumatra, focusing on government and social regulations. This study is based on data from interviews, documentation, and analysis of media reports and coverage related to freedom of religion or belief (FoRB) in West Sumatra, as well as a guidebook for the practice of ABS-SBK issued by the Provincial Government of West Sumatra. This article shows that identity politics based on Sharia and local customs has caused many violations of the freedom of religion or belief of minority groups in West Sumatra. In government regulation, local governments have actively enforced mainstream religious and cultural norms and limited expressions and ideas considered contrary to the mainstream. As for the aspect of social regulation, religion-based identity politics is an effective tool for majority groups in limiting the religious freedom of minority groups. Keywords: Identity Politics, Religious Freedom, West Sumatra, Sharia-based Custom, Religious Nationalism
Gender-Affirming Treatments to Children with Gender Dysphoria Taqwa, Muhamad Dzadit; Yuubina, Venitta; Manurung, Stephen Joy Herald
Journal of Southeast Asian Human Rights Vol 8 No 1 (2024): June 2024
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jseahr.v8i1.43469

Abstract

Gender dysphoria occurs not only in adults but also in underage children. Their inner conviction that their gender identity does not align with their physical body leads to a desire to alter their physical appearance through gender-affirming treatment(s) that affirm their gender identity. Examples include genitoplasty, puberty blockers, and cross-sex hormone therapies. Proponents argue that these desires should be accommodated because everyone, including children, has the right to determine what can be done to their own bodies. Moreover, some findings suggest that such treatments can have positive psychological benefits for these children. On the other hand, opponents question whether the consent given by children who desire such treatments is legitimate. Additionally, providing irreversible medical treatments solely to affirm gender identity can have physiological and psychological impacts. Thus, instead of affirming the desires of these children, medical physicians should focus on saving them from irreversible medical actions. This discourse is conducted by considering proportionally the constitutional rights of children, which need to be balanced with ensuring their knowledge and maturity in making decisions. Keywords: Children, Gender Dysphoria, Gender-affirming Treatments, Constitutional Rights
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
From International Regulation to Local Implementation Oktaviandra, Surya; Arza, Putri Aulia
Journal of Southeast Asian Human Rights Vol 8 No 1 (2024): June 2024
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jseahr.v8i1.44031

Abstract

This paper discusses gender equality in sustainable development goals as a response to the 2023 United Nations Sustainable Development Goals Report. Through the lens of international environmental law, gender equality achievement is examined both by its international commitment and its implementation at local institutions. This study focuses on elements of the data report that closely relate to human rights and the environment. These include women’s global share in national agricultural ownership, their secure tenure rights over agricultural land, and access to fair legal protection. This study then observes the availability of international agendas within international environmental law to promote sustainable development goals. Relevant legal frameworks include those arranged by the 1992 Rio Earth Summit and the 2015 Paris Agreement on Climate Change. To examine local implementation, this study uses the West Sumatra government as a case study, employing questionnaires and interviews with provincial legal actors. Indonesia Investment Law, which covers a broad spectrum of human development, is utilized as a model for assessing the implementation of gender equality at the local level. Ultimately, this study found a lack of gender equality implementation for SDGs at local institutions. It concludes that this could have been anticipated via a more comprehensive international legal framework, which could be implemented through national regulations. Keywords: Environmental Law, Gender Equity, Sustainable Development Goals
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.

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