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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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Biometric Data Sharing in Addressing Irregular Migration and Security Issues within the Bali Process Framework for Indonesia and ASEAN Member States Masitoh Indriani; Amira Paripurna
Journal of Southeast Asian Human Rights Vol 4 No 2 (2020): December 2020
Publisher : Jember University Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jseahr.v4i2.17289

Abstract

The Bali Process Declaration on People Smuggling, Trafficking in Persons and Related Transnational Crime acknowledges the large scale and complexity of irregular migration challenges both within and outside the Asia Pacific region. As one of the efforts to decrease irregular migration in this region, the Regional Support Office of the Bali Process (RSO) was established in 2012 to support the implementation of the Bali Process. In this regard, the Bali Process led to an opportunity to develop the use of technology and biometrics data sharing in migration and border management. The purpose of this paper is to discuss the law and policy in addressing the issue of irregular migration in Indonesia. It also explores the development of the utilization of technology and biometrics in the area of migration, security and border management, as a measure in addressing the problem of irregular migration. The discussion focuses on the role and challenges of technology and biometrics data exchange in border management as one of the most important agreements on the Bali Process. This study finds that the gaps within the ASEAN member states in regulating privacy rights and data protection have caused the difficulties in sharing and exchange data/information particularly biometric data. The method used in this research is the doctrinal legal research, which is mainly referred to as library-based research.
Indonesia’s National Strategic Project, Displacement, and the New Poverty Sekar Banjaran Aji; Achmad Firas Khudi
Journal of Southeast Asian Human Rights Vol 5 No 2 (2021): December 2021
Publisher : Jember University Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jseahr.v5i2.23399

Abstract

The Government of Indonesia initiated the National Strategic Project comprising a wide range of infrastructure programs across the nation in 2016. The project is indicated by a set of supporting regulations and funding schemes. One of the project's supporting laws is Presidential Decree No. 56/2017 on the mitigation of land procurement social impact. This study seeks to examine the impacts of Indonesia's national strategic project, focusing on socio-economic deprivations and suggesting relevant policy frameworks for the displaced population regarding their well-being and human rights. The desk review of displacement status and human rights will provide an analysis of displacement people's socio-economic condition and fundamental rights of displaced people from a selected district in which displacement has been occurring since 2016. The case study of the chosen community will elucidate the causes and consequences of this displacement case. We will utilize both qualitative and quantitative data taken from official government reports and affected residents.
Policy and Legislation Evaluation and Scrutiny by Parliament of Sri Lanka Nipunika Tennakoon; Tikiri K Jayathilake
Journal of Southeast Asian Human Rights Vol 5 No 2 (2021): December 2021
Publisher : Jember University Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jseahr.v5i2.13603

Abstract

Sri Lanka is a democratic socialist republic with a unicameral legislature, in which sovereignty is in the People which includes the powers of the government, fundamental rights, and franchise. The sovereignty of the people is exercised and enjoyed separately by the Executive, the Legislature, and the Judiciary as articulated by the Constitutional provisions. In this process, the timely and in-depth evaluation of policies and legislations are important, to ensure accountability by any stakeholder institution towards the People of the country. In Parliament's perspective, this task is covered by the oversight role which is one of the main roles of Parliament. This paper aims at discussing the mechanisms that the Parliament of Sri Lanka has employed, in exercising those powers of the People and the paper discusses the methodologies that the Parliament uses in policy evaluation as well as in ensuring legislative scrutiny, especially through the Parliamentary Committee System. The paper analyses the outcome of those mechanisms in upholding and protecting the rights of the citizen. The paper identifies the achievements as well as challenges and analyzes the use of new concepts and methodologies in improving the service rendered to the citizen by Parliament and suggests ways in which any such gaps could be filled. The study of the paper focuses on the 8th Parliament which covered the duration from the year 2015 to 2020 and the 9th Parliament, which is the present Parliament, with regard to the area of interest.
Restorative Justice for Victim’s Rights on Sexual Violence Sri Wiyanti Eddyono
Journal of Southeast Asian Human Rights Vol 5 No 2 (2021): December 2021
Publisher : Jember University Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jseahr.v5i2.28011

Abstract

Indonesia has experienced very dynamic advocacy for legal reform on the protection of victim of sexual violence. Sexual violence is as emerged issue as the accidents of sexual violence has increased including during COVID 19. There are different ‘initiatives’ to address sexual violence by various actors; first, the law enforcers through their establishment the policy on alternative mechanism outside criminal justice mechanism; seconds, Criminal Code bill lead by Indonesia government under the Ministry on Law and Human Rights; third, the establishment on the anti-sexual violence bill for victim protection initiated by parliaments supported by women’s movements. All the initiatives have claimed has restorative justice approaches which the impact of COVID 19 become one of the arguments. This paper analyzes whether and how ‘restorative justice’ suitable for victim’s rights on sexual violence. This paper argue restorative justice is one of ambitious purpose which integrating in which criminal justice mechanism through legal reform agenda is very problematic particularly where the indicator of restorative justice is unclear. This paper finds although both Criminal Code Bill, Anti-Sexual Violence Bill in some degrees have integrated restorative justice to criminal justice system, the Anti Sexual Violence Bill has more focused to the rights of the victims of sexual violence. However, before these two laws are enacted, there are policies established by law enforcers called restorative justice for sexual violence which is very dilemmatic since the indicator in restoring the rights of women’s victim of sexual violence does not clear. This policy tends to sacrifice victim for offender’s interest.
Introduction Al Khanif
Journal of Southeast Asian Human Rights Vol 5 No 2 (2021): December 2021
Publisher : Jember University Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jseahr.v5i2.29005

Abstract

Flying the Rainbow Flag at the United Nations Douglas Sanders
Journal of Southeast Asian Human Rights Vol 5 No 2 (2021): December 2021
Publisher : Jember University Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jseahr.v5i2.23821

Abstract

Issues of sexual orientation and gender identity were raised in two of the United Nations intergovernmental world conferences on women, 1985 and 1995, and in the Vienna world conference on human rights in 1993. From 2006 a number of LGBTI Non-Governmental Organizations gained ongoing ‘consultative status’ from the Economic and Social Council allowing access to regular UN human rights events. Leading human rights NGOs, such as Amnesty International and Human Rights Watch began to address LGBTI issues. The Human Rights Council condemned violence and discrimination on grounds of sexual orientation and gender identity in 2011 and later authorized an independent expert, whose mandate was renewed for a second term. The UNDP “Being LGBT in Asia” program has been active in eight Asian states, including five in ASEAN: Cambodia, Indonesia, Philippines, Thailand, and Vietnam. Strong support came from Ban Ki-moon as UN Secretary-General, as well as from the Office of the UN High Commissioner for Human Rights and other agencies.
Komnas HAM, Investigating Serious Human Rights Violations Amiruddin Amiruddin
Journal of Southeast Asian Human Rights Vol 5 No 2 (2021): December 2021
Publisher : Jember University Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jseahr.v5i2.28118

Abstract

This paper reviews the dynamics and challenges of the investigation conducted by Komnas HAM in accordance with Law No. 26/2000 of the Human Rights Court. In addition, this paper also explains the dynamics between Komnas HAM and the Attorney General as an investigator in Law No.26/2000. A critical related issue is the provision of the authority to investigate the National Human Rights Commission and the Attorney General's Office, which have been a serious obstacle to resolving gross human rights violations in Indonesia. This article also provides an analysis of the likely challenges faced by Komnas HAM in future investigations.
Testimony and Identity in Burma Alison Francis
Journal of Southeast Asian Human Rights Vol 5 No 2 (2021): December 2021
Publisher : Jember University Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jseahr.v5i2.27930

Abstract

The oppressive force of the Burmese military continues to inflict abuse upon the many different ethnic groups within its borders. Women have been at the forefront of resistance using testimony, using the medium to resist the oppression of the state military through language. This article examines the testimonial as a site of resistance through a dialogical analysis of two texts representative of historical moments in Burma’s history of state oppression. It argues that the language of testimony creates spaces for identity formation as a form of resistance. Through a dialogical analysis of two testimonies representative of different political moments, this article builds upon this notion, and argues that the testimonial not only represents a site of resistance and space of identity formation for women oppressed within the bounds of the state, but also allows for the reassertion of collective identities that stand as a foundation for collective action.
Asia's (lack of) Response and Recovery Plans for the Forcibly Displaced Swikruti Nayak
Journal of Southeast Asian Human Rights Vol 5 No 2 (2021): December 2021
Publisher : Jember University Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jseahr.v5i2.24069

Abstract

The way Asian states have insufficiently and unsystematically dealt with the different types of refugee groups living within its borders has drawn much criticism. The people of concern are governed in a particularly lawless zone in the absence of binding international obligations, genuine regional cooperation and national laws. This paper first outlines the national frameworks or the informal procedures of each host country in Asia, to handle the forcibly displaced population. Much of the discussions, let alone actions are ad hoc in nature, that directs us to finding lasting solutions, beginning with adherence to international obligations. The contributions of the specialised agencies of the United Nations and the local NGOs have been instrumental and consistently required. Also, co-operation at the regional level will be effective in resolving the unique issues specifically faced by countries. However, formal national policies and legislations is bound to be the bedrock for administering each of these solutions, that too effectively. The contours of all the different refugee crises have been stretched further with the Covid-19 outbreak. Perhaps, even after Asia manages to eliminate the airborne threat, it can once and for all conclude the different refugee crises.
Uncertainty of the Right to Health in Indonesia during the Covid-19 Pandemic Evyta Rosiyanti Ramadhani; Savira Anggraeni
Journal of Southeast Asian Human Rights Vol 6 No 1 (2022): June 2022
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jseahr.v6i1.30743

Abstract

The Covid-19 pandemic has limited human movement across the world. However, the pandemic must not weaken the fulfillment of justice, human rights, and democracy as the basis for building the civilization of the nation and state. On the contrary, it must be more strongly upheld and enforced. The government, as the primary duty bearer, is obliged to respect, protect, and fulfill the human rights of every citizen, as stated in numerous international and national legal instruments, including the constitution of the Republic of Indonesia (UUD 1945). This study uses a library research method and statutory approach. The author found that the government is still relatively lenient in handling the COVID-19 pandemic. Accordingly, this raises concerns about the uncertainty of the health environment in Indonesia. This violates Article 28 H paragraph (1) of the 1945 Constitution, which states that every person has the right to live in physical and spiritual prosperity, to have a place to live, to have a good and healthy living environment, and the right to obtain health services. The government should issue a stricter policy in dealing with this problem.

Page 8 of 13 | Total Record : 128

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