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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 : -
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
Indonesian Migrant Worker Policies and the Vulnerability of Women Migrant Workers to Becoming Trafficking Victims: an Overview of Recent Legislation Ninik Rahayu
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.v1i2.5844

Abstract

This study will provide an overview of how migrant worker protection policies should govern all forms of protection for migrant workers, especially women workers who often face violent abuse as overseas domestic workers in receiving countries, and then problems when they return to their villages. It outlines several laws that deal with problems of abuse associated with migration such as the Law Eradication of Trafficking in Person, and other regulation. Indonesia Government has made a good initiative by amending the policies of migrant workers with the aim of prioritizing protection, including how to harmonize other policies. This is a good starting point for implementing all commitments to the extent that commitments to protect migrant workers, especially women migrant workers who are still vulnerable to violence and threats of trafficking.
Breaking New Ground In Human Rights Protection: Proposing An Inverted Triangular Approach Through Group-Based Enforcement In South East Asia Shahrul Mizan Ismail
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.v1i1.5300

Abstract

The present problem of human rights enforcement reflects the old dilemma between centralism at the international level and local governance at the domestic level. Centralist solutions carry the expectation of a more homogeneous, effective and uniform method of operation. But this so-called‘universal’enforcement model is often seen as being too weak and incoherent for effective actions.Although the alleged universal character of the enforcement of human rights may portray an impressive international regime, local modes of problem solving are in reality more efficient since they are based on a better understanding of the specific circumstances and take into account of local peculiarities, cultural values and other similar factors. The latter is the missing elements in the overall international human rights enterprise. The rapid promotion and education of the global community on the concept of human rights has opened many wider possibilities for group based enforcement to be an efficient alternative. Reinforcing the same line of argumentation, this paper proposes an inverted model of enforcement whereby iinternational human rights law could act as the general framework that establishes generally agreed prin­ciples and norms that transcend strict national concerns, while group based mechanisms will work on enforcing those norms in their specific manifestations within the respective groups.
Land Control, Authority and Political Economy, and a Planned Petroleum Infrastructure Project in Timor-Leste Alex Grainger
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.v1i2.6281

Abstract

Land in Timor-Leste had been a subject of national importance even before the government first announced a planned petroleum infrastructure ‘mega-project’ in 2009, the ‘Tasi Mane’ project, on the country’s south coast in Suai, Betano and Beaco. This project has brought again into sharp relief the question of land and its control. Much recent work has focussed on ‘land grabs’ or how foreign capital and the state have played a significant role in dispossessing smallholders of arable land in other settings. This paper highlights three aspects which are inherent in the process of control. First, authority lies at the heart of land control alongside political-economic factors that lead to relocation of residents from land in project areas. Second, problems of recognition of land rights in project areas have led to more strident claims to authority locally. This issue I demonstrate by showing the historical legacy of two communities that occupy Beaco land. Third, the case study of the two communities sheds light on the social relations inherent in local property relations and subsequent disputes catalysed by contests over land control.
The The Absence of Legal Recognition and Its Impact on the Living Conditions of Urban Pakistani Refugees in Bangkok Jesper Kulvmann
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.v1i1.5309

Abstract

Recently, an increasing number of refugees originating from non-neighbouring countries have arrived in Bangkok seeking asylum at UNHCR. As Thailand does not recognize their refugee status and by so their human rights guaranteed in the Declarations of Human Rights, this group of people, referred to as urban refugees, remain in Bangkok illegally during the application process and until possible resettlement. This study examines how restrictions of their human rights, such as absent of fear of arrest, right to work, access to proper housing, education and health provisions, and a prolonged application process affect the physical and mental health of urban refugees. Data are gathered from semi-structured interviews of 53 Pakistani refugees and officers at organisations working with refugees. Depression and declining physical health are common complains while refugee children fail to enrol in formal education. Considering the lack of support for a human rights dialogue in the Thai society it is recommended that a more pragmatic approach, not employing a human rights narrative, is applied to promote the living conditions for urban refugees living in Bangkok.
Freedom or Restraint: Redefining the Concept of Human Security within the Indonesian Muslim Community Erwin Nur Rif'ah
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.v1i2.6131

Abstract

This study aimed to explore the changing concept of human security in Indonesia. It concentrates on how Indonesian Muslim define human security based on their experiences and opinion by referring to the definition of Human security provided by the Commission of Human Security. The setting of this study is in two districts: Cianjur, West Java and Bulukumba, South Sulawesi where the Perda Sharia has been implemented. The research focuses on the interplay between human security and women’s security discourse and the changing religious, social and political constellation in relation to the implementation of Perda Sharia (Sharia-influenced Regional Regulation). Human security, by reffering to the concept of Commission of Human Security’s (CHS), means: protecting fundamental freedoms; ‘freedom from want, freedom from fear, and freedom to take action on one’s own behalf’. This study found that, although the implementation of Perda Sharia has been widespread and its impact on the security of women has been subject to many discussion, however, the discussion on the concept of human security and women’s security has been subject to little discussion and is not popular in Indonesia. Surprisingly, that most informants argued that freedom is a western concept, which has negative connotations and is contrary to Islamic teachings and Indonesian culture. And, the informants argued that they did not seek ‘freedom’, but rather sought ‘refrain’
Volume 2 Issue 1 Al Khanif
Journal of Southeast Asian Human Rights Vol 2 No 1 (2018): June 2018
Publisher : Jember University Press

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Abstract

Securitization and Desecuritization of Migration in Indonesia Nurul Azizah Zayzda; Maiza Hazrina Ash-Shafikh; Ayusia Sabhita Kusuma
Journal of Southeast Asian Human Rights Vol 3 No 1 (2019): June 2019
Publisher : Jember University Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jseahr.v3i1.8394

Abstract

This paper seeks to explain through an analysis using securitization theory, the dynamics of securitization and desecuritization of migration in Indonesia with a particular emphasize on the forced migration issues in the Southeast Asian region. This paper provides an analysis on the speech act represented in the legal documents or policy papers and the non-discursive practices demonstrated by the authorities in the security-related migration regulation and refugees protection. Both the occurrence of securitization and desecuritization is elaborated. The securitization is understood to take place when policy or legal documents as well current practices construct assumptions that migrants, including irregular or forced migrants pose certain threats to society. The desecuritization, meanwhile, is found in legal documents and practices that weaken the security claims regarding the migrants. It is argued here that desecuritization takes place in the midst of securitization and shifts the language of security of forced migration in regional level. The extent to which the perception of security threats imposed by the migratory process has been shifted can be reviewed in the policy changes by other individual states in the region and the international institutions working within regarding to refugees protection.
Discrimination against Women in Accessing Higher Education in Cambodia Sophorn Tuy
Journal of Southeast Asian Human Rights Vol 3 No 1 (2019): June 2019
Publisher : Jember University Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jseahr.v3i1.8402

Abstract

Young women in Cambodia face challenges in accessing higher education. Social norms, financial constraints and other problems are the main root causes in the limitation of opportunities for women to pursue higher education. Social norms of the older generation in Cambodia remain from the past and they often think that it is not necessary for women to study in higher education institutions since a women’s role is to just be a housewife after marriage. Another restriction on women’s access to higher education is that they often have financial problems in supporting their education. Some women have to work in order to support their families, so they have no chance to pursue a higher education. Additionally, since most universities are located in cities, parents often feel insecure about their daughters studying far away from home. Currently there is increased enrollment of young women in higher education due to Government action, as it has ratified international conventions and enacted domestic laws. As well, there is government cooperation with NGOs to establish some strategies and action plans to promote and protect gender equality in all sectors, including the education sector, by improving scholarship opportunities or building dormitories for female students to live in while studying at university. However, these supports cannot provide access to higher education for young women in all areas in the Kingdom of Cambodia, and Cambodia has not yet enacted specific laws to promote the participation of women in higher education. This research aims to explore the opportunities that have been provided to young women to pursue higher education, particularly at the university level. After exploring the opportunities, the researcher will analyze data regarding the challenges for women in accessing higher education. Finally, the researcher will provide some possible recommendations to address these challenges. This research utilized multiple methods, including desk review and structured interviews. Interviews were conducted face-to-face and in focus group discussions (FGD). Desk review focuses on all relevant international and national laws, strategic and action plans related to the promotion of women studying at university and the de facto equality of that issue.
Human Beings are Born Neither Free nor Equal Guy Ankerl
Journal of Southeast Asian Human Rights Vol 3 No 1 (2019): June 2019
Publisher : Jember University Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jseahr.v3i1.11492

Abstract

A Cross-Cultural Comparison of Perceptions Regarding Human Trafficking Adam Tanielian; Sangthong Tanielian
Journal of Southeast Asian Human Rights Vol 3 No 1 (2019): June 2019
Publisher : Jember University Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jseahr.v3i1.9544

Abstract

This study surveyed 135 individuals, of which 68 were native speakers of English and 67 were native speakers of Thai. Respondents answered questions on issues related to human trafficking, its causes, and potential solutions. Statistical tests showed significant variance in opinions between language and other groups regarding factors associated with trafficking, and regarding the potential impacts of legalization of prostitution. Thai responses reflected collectivist cultural perceptions while English responses reflected more individualistic views. Males and English speakers were most likely to think legalized prostitution would lead to a reduction in human trafficking while females and Thais were most likely to believe legalized prostitution would increase trafficking. Responses to an open-ended question showed participants felt similarly about potential remedies for human trafficking, including information and awareness campaigns, interaction between civilians and police, increased penalties for offenders, and reduction in macro-environmental variables such as poverty.

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