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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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Challenges for Anti-Trafficking NGOs in Indonesia Iannone, Aniello; Kinasih, Sri Endah; Wahyudi, Irfan
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.v8i1.41379

Abstract

NGOs play a crucial role in safeguarding human dignity, especially in developing countries like Indonesia, where they strategically work to address pressing human rights issues. However, NGOs encounter various challenges that impede their efforts. This research specifically focuses on the challenges faced by NGOs working in human trafficking and exploitation in Indonesia. The analysis is based on data obtained from interviews conducted with four NGOs and an independent worker specializing in the exploitation and trafficking of underage individuals. Moreover, this study delves into the socio-economic problems underlying human trafficking in Indonesia. Drawing inspiration from Marxist theories of labor and poverty, it posits that the issue of human trafficking in Indonesia is closely intertwined with socio-economic instability—particularly affecting the most impoverished segment of the population. The research identifies poverty as a key factor fueling exploitation and trafficking in Indonesia. Furthermore, the study reveals implementation challenges and a lack of alignment with international conventions, such as the Palermo Protocols, in enforcing Indonesia's national law against human trafficking (Law No. 21/2007). These issues are particularly apparent in cases involving underage victims. Keywords: exploitation, human trafficking, NGO, Indonesia
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
Resilient Traditions, Modern Realities Jamilah, Maryam; Ananda, Satria; Asrinaldi, Asrinaldi
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.v8i1.45178

Abstract

This study explores the political economy of Minangkabau, a culturally rich and the world’s largest matrilineal community. The research focuses on understanding the power dynamics between men and women by conducting a gender analysis. The findings reveal that Minangkabau women hold a unique and privileged societal position. Traditionally, societal expectations allocate more roles and responsibilities to men, particularly in economic and political domains. Contemporarily, the special rights held by women have faded and been replaced by dominant male gender roles. Some gender roles have begun to disappear, such as the role of Bundo kanduang, mamak and tigo tungku sajarangan. In accessing economic resources, Minangkabau women experience challenges from men, private parties, and the government. These ignore the role of women as the legitimate owners of inherited property in Minangkabau land. Meanwhile, Minangkabau women have difficulty competing with men within systems that tend to be biased for political resources. In addition, Minangkabau women increasingly participate in productive work, demonstrating their ability to compete with men in the labor market. Despite these advancements, the study highlights a challenge for Minangkabau women. Keywords: Matrilineal, Gender, Political Economy, Gender Roles, Resources, Gender Division of Labor
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
Examining Human Rights Derogation in State Emergencies Phan, Huong Thi Lan; Doan, Kien Trung
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.v8i1.37763

Abstract

Safeguarding human rights is the obligation of every nation under international human rights laws. However, some situations require a nation to restrict individual rights to protect public interests. Responding to COVID-19 provided a great example for Vietnam to review its legal ground for regulating limitations on human rights to prevent its expansion. However, the question remains: what are the legal grounds for executive agencies to limit citizens’ rights under the international standards on human rights protection? These precautionary measures support the prevention of the risks and damage caused by illegal acts or emergency cases, such as national disasters. Vietnam encounters legal issues, including the absence of comprehensive legal frameworks and delegating legislative authority during state emergencies. It also encounters inefficient mechanisms for reviewing the rationality and viability of preventive measures imposed by executive bodies. Consequently, safeguarding human rights according to international norms poses a significant challenge. This study explores Vietnam's solutions for handling the COVID-19 pandemic and suggests reforms to the country's legal framework regarding preventive measures. Keywords: State Emergency, Enforcement Measures, Legal Issues, Derogation of Human Rights, Vietnam
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
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.

Page 12 of 13 | Total Record : 128

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