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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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Transnational Islam, Regional Terrorism, and Military Power: The Rise of Muslim Special Unit in the Philippines Armed Force Bayu Mitra A. Kusuma
Journal of Southeast Asian Human Rights Vol 2 No 2 (2018): December 2018
Publisher : Jember University Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jseahr.v2i2.8363

Abstract

The Southern Philippines is known as one of the areas that never get out of conflict. Even in 2017 the public was shocked by the emergence of the Maute group in Marawi which affiliated with ISIS or Daesh transnational terrorists. They undertake a lot of human rights violations such as kidnapping and murder. In addition, terrorist groups that have existed before like Abu Sayyaf often operate by crossing several Southeast Asian countries waters boundary, so the problem is transformed into a regional issue. To face this problem, the Philippines government formed a Muslim special unit in their military power. On the one hand, it’s has a positive impact: (1) Religious and cultural approach will open up a larger dialogue space compared to a conventional military approach; (2) More adaptable and diffuse to gain local community support; and (3) Greatly facilitate coordination and cooperation with the military of Indonesia, Malaysia, and Brunei Darussalam as a country with Muslim majority population. But on the other hand, it’s also has a negative impact: (1) Potential emergence of factions within the military or gap between the Muslim units with other soldier; and (2) Reinforcing the stigma that Muslims are terrorists and must be fought with hard-core Muslim behind military uniform.
Volume 2 Issue 2 Al Khanif
Journal of Southeast Asian Human Rights Vol 2 No 2 (2018): December 2018
Publisher : Jember University Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jseahr.v2i2.9172

Abstract

Portraying the Multitudes: Representation of Identities of Sexual Minorities on Indonesia-Based Feminist Web Magazine Magdalene.co Puji Maharani
Journal of Southeast Asian Human Rights Vol 2 No 2 (2018): December 2018
Publisher : Jember University Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jseahr.v2i2.5645

Abstract

Abstract This paper aims to interrogate the representation of identities of sexual minorities, also known as LGBTQ (Lesbian, Gay, Bisexual, Trans, Queer), on Magdalene.co, an Indonesia-based feminist web magazine which provides a slanted guide to women and issues and offers and engages with fresh perspectives beyond traditional gender and cultural confines. The representation of sexual minorities is observed through a selection of six published articles written by editorial members and from contributors’ submissions, varying in age, gender, self-identification as sexual minorities, and degree of anonymity. The articles are analysed via discourse analysis, primarily based on discourse theory by Ernesto Laclau and Chantal Mouffe. Also, incorporated into the analysis are Adrienne Rich’s theory of politics of location to look at bodies of sexual minorities, and Gilbert Herdt’s(2009) concept of sexual panic to look at the increasing religious-conservatism in Indonesia in contrast to the sexuality of sexual minorities. Through this research, I aim to examine the ways in which the representation of sexual minorities in the media opens a space of resistance against heteronormative public discourse.
Pancasila and Pragmatism: Protection or Pencitraan for Refugees in Indonesia? Carly Gordyn
Journal of Southeast Asian Human Rights Vol 2 No 2 (2018): December 2018
Publisher : Jember University Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jseahr.v2i2.8414

Abstract

Since the 1970s Indonesia has been a transit country for refugees searching for resettlement. While it has not signed the 1951 Refugee Convention, Indonesia does allow the UNHCR to operate within its borders. Furthermore, Indonesian President Joko Widodo recently pledged humanitarian assistance to Rohingya refugees in Bangladesh. This paper asks what motivates Indonesia to assist refugees, despite not being a signatory to the 1951 Refugee Convention? What principles underlie Indonesia’s approach to refugees? Based on interviews conducted with government officials, practitioners, activists and academics in Indonesia, this paper finds that Indonesia is guided by Pancasila (Indonesia’s state ideology) and the preamble to its constitution in playing a humanitarian role in international society. At the same time, however, this humanitarian imperative is in tension with pragmatism. This means that there are a number of problems for refugee protection in Indonesia. This paper argues that while Indonesia is driven by humanitarian ideals in assisting refugees, it must sign the 1951 Refugee Convention to endorse its commitment to Pancasila and the preamble to the constitution, otherwise it risks using these foundations as simply pencitraan, or ‘window dressing’. Keywords: Indonesia, refugees, Pancasila
Unsafe River Bank Houses? A Legal Reflection on Issues of Freedom from Poverty, Development Programmes and Accountability Mechanisms in Indonesia Erna Dyah Kusumawati
Journal of Southeast Asian Human Rights Vol 2 No 2 (2018): December 2018
Publisher : Jember University Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jseahr.v2i2.8407

Abstract

Millions of the most deprived people worldwide live in slums with a lack of access to adequate water, hygiene and sanitation. Inadequate housing and living conditions increase vulnerability to other problems. For example, people living on the river banks in Jakarta regularly experience flooding due to adverse environmental conditions. Not only do the river bank settlements suffer from floods, but also other settlements as well as offices in Jakarta encounter similar effects. These regular floods cause billions of Indonesian Rupiah’s (IDR) in damages annually. As part of flood prevention programmes, the Jakarta government has evacuated and emptied the river bank settlements and has relocated the residents to rented, public high-rise housing provided by the municipality. This article will not address the legal issues of the relocation. Rather, it will examine whether relocation and resettlement due to development programmes can be addressed from a different perspective focusing on human rights as a means to eliminate poverty. It will also investigate the available accountability mechanisms at both the international and national level. Furthermore, it will assess whether these mechanisms can be employed to address the effect of development programmes which disproportionally affect people living on river banks. This study will use the classic legal research method, i.e. the normative legal method, to answer the research questions. In addition, it will also employ the human rights-based approach in assessing the regulation and policies adopted by the Indonesian authorities. The final part of this article will provide conclusions and recommendations for policymakers to address the societal problems by employing the human rights approach in tackling poverty and reducing the negative impacts of developments.
Legal System for Endorsing Press Independency in Indonesia Herlambang Perdana Wiratraman
Journal of Southeast Asian Human Rights Vol 1 No 1 (2017): June 2017
Publisher : Jember University Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jseahr.v1i1.5304

Abstract

Political transition of post Soeharto's authoritarian regime has been deeply influenced by a decentralised model of governance, which affected to more serious attacks to the journalism works. The extra-judicial killing, physical violence, criminalising against journalism, and other attacks through formal judicial process or other forms, included impunity system, have shown uneasy situation for journalist at field or members of the press to perform journalistic works. Violence against journalists at field in decentralised Indonesia has been more influenced by the role of political-economy contestation at the local level, rather than the influence of situation and policies at national level. The law enforcement to protect journalist at works seems easily deniable and disregarded due to law system itself that does not give significance effect. The court has been used to collapsing media, silencing opposition, retaliating, and terrorising journalism works. My research shows that the most targeted medias for ULAP (unjustifiable lawsuits against press) or criminalisation have been connected to its reliability, professionalism journalistic or high quality of news. On the other side, impunity has prevailed and become a dominant situation that is not merely caused by ‘external media’ factors, but also showed an ‘internal media’ factors. Avoiding the judiciary becomes phenomena that does not always relate to distrust over the judicial system, but more on a ‘forced situation’. In my presentation, I will show how this situation articulates a new configuration of political imperium which combines of free press and dominant ownership over media, plus illiberal democracy which legally allows and lets predatory system to be supreme class in the governance and other state institutions.
Rejecting Religious Intolerance in South-East Asia Benedict Rogers
Journal of Southeast Asian Human Rights Vol 2 No 1 (2018): June 2018
Publisher : Jember University Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jseahr.v2i1.7587

Abstract

This article is going to discuss religious intolerance in Myanmar and Indonesia. Religious intolerance in these two countriesis driven by extreme ideologies which reject tolerance and diversity. These ideologies influence society and generate a culture of discrimination. In Myanmar, Muslims and Christians face a campaign of hatred led by a militant ultra-nationalist Buddhist movement which has resulted in several outbreaks of violence in the past five years. The predominantly Muslim Rohingya people have been the most severely victimized, enduring grave human rights violations which some international experts describe as ‘ethnic cleansing’, ‘crimes against humanity’ and potentially genocide.In Indonesia, a country with a tradition of religious tolerance, radical Islamism has become an increasing threat to non-Sunni Muslim minorities, particularly the Ahmadiyya and Shi’a communities, as well as Christians and other religions and to Sunni moderates who work to preserve Indonesia’s pluralism. To challenge the pervasive influence of intolerance, a variety of imaginative strategies are necessary.Recommendations will call state actors, media and civil society to work together to combat hate speech narratives through all available channels: education, the judiciary, campaigning platforms, the media, legislation and international diplomacy.
Human Rights in Southeast Asia Werner F Menski
Journal of Southeast Asian Human Rights Vol 1 No 2 (2017): December 2017
Publisher : Jember University Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jseahr.v1i2.5293

Abstract

Many challenges exist regarding the discourse over human rights in South East Asia due to the complex relationship between the region’s myriad cultures, laws, religions and political desires. This socio-political environment produces a number of varying, and often contradictory, interpretations of human rights, as well as differing opinions on how they should be implemented. On one hand, some countries in Southeast Asia have internalized international human rights instruments by amending their constitutions in order to provide a semblance of protection for their citizen’s human rights. On the other hand, some countries still operate under authoritarian regimes and continue to violate certain internationally recognized rights for the sake of preserving political stability and economic development. Proponents of such regimes often claim that this is done to maintain both societal and religious harmony. Therefore, the effort to address human rights issues in Southeast Asia must expand beyond the international legal sphere and take into account the intricate relationships and power struggles between the region’s various economic interests, social and cultural norms, and religions. Furthermore, the successful implementation of human rights law in Southeast Asia will require a number of obligations and checks be imposed on the state governments in the region. The specific means by which to promote human rights in South East Asia, and how to reconcile diverging options on the definition and scope of said rights, was the theme of the 2nd Annual Conference of the Centre for Human Rights, Multiculturalism and Migration (CHRM2) and Indonesian Consortium for Human Rights Lecturers (SEPAHAM Indonesia), held in August, 2017, at the University of Jember. This article is a summary of the major points and topics covered during the two day conference.
Indonesian Marriage Law Reform: The Way to Strengthen the Protection of Children’s Rights against Child Marriage Zendy Wulan Ayu Widhi Prameswari; Erni Agustin
Journal of Southeast Asian Human Rights Vol 2 No 1 (2018): June 2018
Publisher : Jember University Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jseahr.v2i1.5353

Abstract

The Act Number 1 Year 1974 on Marriage stipulates the minimum ages requirement to enter into a marriage, which are 19 years for men and 16 years for women. It is expected that at that ages, each party has a mature soul and physic to enter into a marriage life. However, it is possible for those who have not reached the age to enter into marriage if there is a dispensation granted by the courts or other official designated by the parents of each party in the marriage. In 2012, a judicial review was filed to the Constitutional Court against the provisions of the minimum age limit in the Act Number 1 Year 1974 on Marriage to raise the limit of minimum age for women from 16 to 18 years. However, the Constitutional Court considered the provisions is constitutional. Then in 2017, the same provision of Marriage Law is submitted for the second time by different applicant to be reviewed again by the Constitutional Court. On the other hand, Indonesia has participated in the formulation of a variety of international human rights instruments which have an impact on children, and is a party to a number of them, including the CRC and the CEDAW. This paper elaborates the stipulation on minimum age requirement to enter into marriage and the conformity of Indonesian Marriage Act to the principles and provisions on the international human rights instruments. Keywords: Child Marriage, Children’s Rights, Indonesian Marriage Law, Minimum Ages
Symbolic Violence in Indonesian Society: Islamic Radicalisation Leads to Religious Intolerance? Irfan Latifulloh Sarhindi
Journal of Southeast Asian Human Rights Vol 1 No 1 (2017): June 2017
Publisher : Jember University Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jseahr.v1i1.5347

Abstract

In terms of religions, Islam shares too big the percentage of Indonesia’s population as it becomes the biggest Muslim majority country. Inevitably, Islam dominates the rule of conduct of the society. Subsequently, Indonesian Muslims seem to enjoy privileges while social hierarchy is normalized. Such a situation marks the existence of symbolic violence in Indonesian society. This would not be exacerbated unless the hegemon ignores, or even does harm to, the voice of the marginal. This would alarm the religious tolerance. Sadly, this appears to be the case given the rise of Islamic conservativism and radicalisation in post-1998 Indonesia. With their closed-mindedness, self-righteousness, and judgmental attitude in one hand, and power and homogeneity on the other, one single religious sentiment can fall into a damaged social friction. Hence, hatred appears to be cultivated. Drawing on this line, widening perspective and mind set, as well as strengthening inter-group and inter-religion dialogues would be beneficial.

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