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Kab. jember,
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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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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
The Abolition of Forced Labor in Vietnam: Is it Compatible with ILO's Standards? Nguyen, Huyen Thanh; Nguyen, Thang Chien
Journal of Southeast Asian Human Rights Vol. 9 No. 1 (2025): June 2025
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jseahr.v9i1.43855

Abstract

The article analyzes the legal problems in the identification of forced labour and the provisions for the abolition of forced labour in Vietnamese law in comparison with the core international labour standards on the abolition of forced labour. This article points out the inappropriate and unspecific points in the law on the abolition of forced labour in Vietnam. Furthermore, the paper analyzes the current situation of forced labour in Vietnam, as well as difficulties in the process of law enforcement on the abolition of forced labour due to the lack of harmonization with basic international labour standards. To study this issue, the author has used a number of research methods such as analysis, synthesis, and comparison of laws based on relevant data collected and processed. On that basis, the article puts forward a series of far-reaching solutions. These meticulously crafted solutions are not only aimed at strengthening the current legal framework but also at significantly improving enforcement mechanisms. This comprehensive approach seeks to foster a remarkably resilient and resolute implementation of the law, with a focused objective of eradicating the issue of forced labour from every nook and cranny of Vietnam's intricate labour landscape.
Re-assessing Human Rights Issues in Palu Disaster Management Tjitrawati, Aktieva Tri; Romadhona, Mochamad Kevin
Journal of Southeast Asian Human Rights Vol. 9 No. 1 (2025): June 2025
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jseahr.v9i1.46166

Abstract

In order to investigate the State's duty to provide fundamental rights in a State of exigency, this research aims to assess how the State implements human rights standards on disaster management and response in Indonesia. This study examines whether human rights standards have been included in Indonesian disaster management laws and regulations, as well as how these standards have been applied in the wake of the September 28, 2018, Palu tragedy. The inquiry was carried out through field research utilizing a standard questionnaire based on human rights implementation criteria, in compliance with The Core Humanitarian Standard on Quality and Accountability (CHS) 2014 standards. An FGD amongst stakeholders was held before the research to get more detailed and impartial information between the government and the disaster victims. Human rights standards are not being applied to disaster management in Palu, as evidenced by reports of victims being treated unfairly and inadequately supplied with necessities. According to the research's findings, there is a conflict between the State authority's propensity to apply positive-legalistic regulation of disaster management and the regulation's lax protection of human rights.
Peasant Rights and the Struggle for Climate Justice in Indonesian Degraded Peatland Safitri, Myrna Asnawati; Sihite, Dermawati; Yusuf, Muhammad
Journal of Southeast Asian Human Rights Vol. 9 No. 1 (2025): June 2025
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jseahr.v9i1.50756

Abstract

The United Nations Declaration on the Rights of Peasants and Other Peoples Working in Rural Areas (UNDROP) recognizes and protects the dignity of peasants for their contributions to food production and climate change mitigation and adaptation. For Indonesia, signing UNDROP complements its international commitments to human rights and environmental protection, particularly climate change. Indonesia has ratified the Paris Agreement, which includes climate change mitigation in peat ecosystems as one of its agendas. At the regional level, Indonesia supports the ASEAN Human Rights Declaration and the ASEAN Transboundary Haze Agreement. The Indonesian government has established a zero-tolerance policy towards peatland burning. This policy has resulted in legal vulnerability for peasants who have a tradition of burning peatlands for agriculture. This article examines the influence of laws and policies to control forest and land fires as a form of climate change mitigation in protecting peasants' rights to food and a better environment. In particular, it discusses community-based and participatory approaches to peatland ecosystem restoration implementation in Indonesia and how they relate to the provisions of UNDROP. The research underpinning this article used a participatory legal research method involving the authors in policy making. The authors collected data and analysed laws and policies concerning peatland restoration and peasants' protection. The participatory observation was carried out on agricultural innovation practices and the legal empowerment of the peasants. This article concludes that although UNDROP is not used as a reference in forming peatland restoration policies, some activities have demonstrated the fulfilment of several UNDROP provisions Keywords: Climate change, peatland, peasants, right to food, UNDROP
Moderate Secularism in Practice: A Comparison of European and Muslim Countries Frim-Abrams, Naomi; Kulvmann, Jesper
Journal of Southeast Asian Human Rights Vol. 9 No. 1 (2025): June 2025
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jseahr.v9i1.53005

Abstract

Multiculturalism has increasingly been identified with ethno-religious identities in recent years. Multiple authors paraphrase the interaction of multiculturalism and secularism as “moderate secularism,” which emphasizes equal status of the majority and minority religions. In the academic realm, the discussion on moderate secularism has foremost been limited to Western countries, irrespective that this debate is particularly relevant in non-Western secular countries. This study widens the scope and compares to what degree Western and non-Western Muslim states allow religious minority groups to co-exist with the majority religions. Three European and three non-Western countries are included in the study based on a review of national policies and practices around secularism, analyzed through Modood’s framework of moderate secularism. This study finds that the position of minority religions is generally weakened in all the countries, with strong political tensions between different religious groups. While the European countries continue to assess the position of minority religion from a secular perspective, strengthening Christian identity, non-Western countries with strong Islamic constituencies gain more influence in political processes. This study also concludes that Modood’s model of moderate secularism is flawed, as it does not take into account political realities and public attitudes. Keywords: Moderate secularism, multiculturalism, immigration
Empowering Indonesian Migrant Workers: Human Rights-Based Legal Protection through Village Regulations and Bilateral Agreements Farida, Elfia
Journal of Southeast Asian Human Rights Vol. 9 No. 1 (2025): June 2025
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jseahr.v9i1.53034

Abstract

This analysis explores the various international and national legal frameworks designed to safeguard migrant workers, emphasizing these protections’ significance for the workers and their families. The optimal legal protection for Indonesian migrant workers and their families can be classified into internal and external. The process encompasses the execution of international accords concerning the safeguarding of migrant workers and their families, the enhancement of the enforcement of Indonesia’s Law on the Protection of Migrant Workers, and the advocacy of Village Regulations designed to shield citizens employed abroad, especially in regions with a significant population of migrant workers. The government ought to enhance the comprehension of human rights among migrant workers and their families. It should also increase public awareness through outreach, dissemination, and campaigns focused on safe and dignified labor migration while empowering and building the capacity of migrant workers and their families. The optimal approach to protection necessitates the formulation of bilateral agreements with the reception countries. These agreements ought to integrate the essential elements of the ICMW.

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