cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
-
Contact Email
-
Phone
-
Journal Mail Official
-
Editorial Address
-
Location
Kab. jember,
Jawa timur
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
 7   8   9   10   11 
The Age of Extreme Tien-Duc Nguyen; Thu-Thuy Thi Tran
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.v6i1.27333

Abstract

The COVID-19 pandemic caught the entire world off guard; presenting policy-makers with various thorny issues to address. This article probes the intersection of the COVID-19 pandemic and human rights. We argue that, on the one hand, there is a growing concern about excessive and disproportionate restrictions on human rights under the guise of ‘emergency powers’. On the other, the fact that rights are not taken seriously renders every effort to ward off the infectious disease faltering. Hence, we suggest that the COVID-19 pandemic should serve as a wake-up call for countries to step up their rights commitments. Despite the exceptional nature of the pandemic, human rights must remain at the heart of the States’ legal and policy choices.
Transitional (in)Justice as Duration Harison Citrawan
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.v6i1.31523

Abstract

This study demonstrates that the ‘transition’ in transitional jurisprudence is a collective imagination that plausibly lays upon the interaction between competing temporal narratives in ‘historical cases’—broadly understood as cases that involve the interplay between law’s temporality and historical process. The dominant view of transitional jurisprudence is inclined to consider transition as a series of discrete and fragmented events. This view, however, fails to bridge the gap between lived experience and law and policy’s mode of representation of past injustices. By contrast, this paper contends that transition should be perceived in pure temporality—transition as a flux or flow of time. This view enables legal actors to better engage in the multitude of temporalities in historical cases. This paper analyzes two issues. First, it juxtaposes the ontological perspective of time as duration and theory of adjudicative reasoning to construe ‘transition’ as a collective temporal imagination among legal actors. It manifests a theoretical basis for experiential time in law by extrapolating Postema’s legal time-mindfulness and Bergson’s duration. Second, it examines law’s distinctive virtue in micro-level agreement about the (temporal) sense of injustices. By focusing on the statutory limitation discussion in African-American Slave Descendants Litigation case in the United States, this study finds that law’s temporality is primarily contested due to the givenness of time. This article concludes that legal actors perceivably capture and disrupt persistent injustices at a micro-level by dislocating the present of atrocious lived experience.
Introduction Al Khanif
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.v6i1.32049

Abstract

Old Wine in a New Bottle Imam Koeswahyono; Syahriza Alkohir Anggoro; Muhammad Dahlan
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.v6i1.29084

Abstract

Resistance to neoliberal legal reforms has increased globally in recent decades due to the failure of water privatization to ensure affordable and sustainable water access in the global South. Referring to the 2004 and 2019 Water Resources Laws, this paper explores how, in the case of Indonesia, the law reproduces and normalizes neoliberal ideologies that frame water as an economic commodity. We argue that Indonesia's current legal regime governing water resources is based on populist rhetoric of fulfilling the human right to water through state management. However, the adopted water governance regime aims to facilitate the establishment of a climate conducive to private sector investment by shifting responsibility for the fulfillment of the human right to water from the state to a market-based allocation system. This paper examines the strategy adopted by the government in securing the water privatization agenda when dealing with judicial activism that requires water to be managed as a public good.
Protecting Indigenous Collective Land Property in Indonesia under International Human Rights Norms Chairul Fahmi; Muhammad Siddiq Armia
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.v6i1.30242

Abstract

This essay examines the applicability of international human rights instruments as the legal basis to protect indigenous rights to land, territories, and natural resources to non-ratification countries of the Convention on indigenous peoples’ rights, especially to the Indonesian context. In the last few decades, the United Nations has developed and recognized the rights of indigenous peoples, including rights to their ancestral lands, territories, and resources. These rights have been stipulated in several instruments, such as the ILO Conventions No.169 and UNDRIP. Nevertheless, most Asian and African countries have not ratified the Treaty, including Indonesia. Consequently, the rights failed to be adopted into national policies, which the ratification is a pre-condition before came into force through the national regulations. Indonesia also doubted the exclusive rights of land, territories, and resources traditionally owned by indigenous peoples. Legally, lands, territories, and resources are controlled by the States, as mentioned in Article 33 of the 1945 Constitutional law. Economically, Indonesia relies on land, territories, and natural resources to boost its national revenues. To achieve this aim, the expropriation of indigenous land and territories often occurs through land concession policy for private or state-owned companies. As a result, land tenure and social conflict were common phenomena from the New Order Regime until the current day. This conflict spreads across the country from the west part (Sumatra) to the east of Indonesia (Papua). Therefore, author argues that applying general international human rights instruments will be an alternative approach in protecting the fundamental rights related to their traditional land rights in the Indonesian context.
Introduction Al Khanif
Journal of Southeast Asian Human Rights Vol 6 No 2 (2022): December 2022
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jseahr.v6i2.36796

Abstract

Adequacy of Public Information for Meaningful E-Participation in Policy-Making Inna Junaenah; Abd Shukor Mohd Yunus; Normawati Hashim
Journal of Southeast Asian Human Rights Vol 6 No 2 (2022): December 2022
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jseahr.v6i2.32420

Abstract

Within the first two years of COVID-19’s exposure, countries around the world mitigated, among other things, social mobility control, resulting in other limitations on fundamental rights, such as freedom of movement and peaceful assembly. Within the rights restrictions, the desire of citizens to satisfy their desire for information and exercise their right to free expression was insatiable. The authors argue that citizens deserve access to sufficient information in order for them to have a meaningful right to participate. At the same time, electronic means can be an additional feature to channel public participation in policy-making. Regrettably, the primary platform adopted in Human Rights laws in operationalizing the right to participate in public affairs remains minimal to coexist meaningful e-participation embarked on the adequacy of the right to information based on Human Rights (HR) standards. This study aims to answer how a justification for meaningful e-participation in law-making can be defined. It also queries which framework can provide sufficient public information based on a rights-based approach. The study leverages the convention of civil and political rights (ICCPR) as the primary legal instrument for a qualitative doctrinal approach. The study suggests that adequate information should be in one package with e-participation to optimize the enjoyment of the right to participate in policy-making. Keywords: Law-Making, meaningful e-Participation, Right-Based, Right to Information
The Right to Education for Ethnic Minority Women and Girls in Vietnam Nguyen Thi Hong Yen; Do Qui Hoang
Journal of Southeast Asian Human Rights Vol 6 No 2 (2022): December 2022
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jseahr.v6i2.28024

Abstract

The right to education is a fundamental human right that has been widely recognized by the United Nations and in core international human rights instruments. Over the years as an active and responsible member of the international community, Vietnam has always worked on amending its laws to fulfill international commitments that would create an equal legal environment for the enjoyment of fundamental rights, including the right to access education. However, given their unique characteristics, ethnic minority women and girls still face discrimination and dual inequalities in their living environment, including those arising from both their ethnicity and gender. Difficulties in accessing education have led to a low percentage of ethnic minority women working in professional and technical jobs; most do simple jobs with low incomes. Barriers to education or employment generally arise due to gender stereotypes and male chauvinism. With this in mind, this article will focus on the following matters to address and resolve issues related to the right to education for ethnic minority women and girls in Vietnam: (i) an analysis of the international legal framework and Vietnam’s law on topics of gender equality in education for ethnic minority women and girls; (ii) a discussion on the reality of adopting rights to education for ethnic minority women and girls in Vietnam; (iii) identification of barriers and challenges that ethnic minority women and girls face when pursuing their educational rights; and (iv) recommendations for Vietnam to ensure the right to education for ethnic minority women and girls in the future. Keywords: Human rights, minority’s rights, the right to education, gender equality, women’s rights.
Indonesia’s Legal Policies Amid Covid-19 Cekli Setya Pratiwi
Journal of Southeast Asian Human Rights Vol 6 No 2 (2022): December 2022
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jseahr.v6i2.27799

Abstract

The Covid-19 pandemic has forced States to promulgate various legal policies to restrain public activities, including limiting or prohibiting people to exercise their right to religious freedom or beliefs (FoRB) in the public sphere and imposing repressive sanctions. International Human Rights Law (IHRL) regulates the standard limitation of FoRB, but the Government of Indonesia struggled to balance respecting FoRB and protecting public health, especially in the emergency of Covid-19. While the Government is oriented to protect public health, new violations of FORB add more backlog on unresolved cases. Through a Human Rights-Based Approach and case studies, three essential principles of FoRB, namely the principle of non-discrimination, the principle of proportional restriction, and the principle of non-coercion in religion, will be analyzed qualitatively to assess, first, the extent to which legal policies in Indonesia amid Covid-19 are compatible with IHRL. Second, the extent to which these legal policies impact the right to religious freedom of the people. Third, to ask the question: how should the legal policies in the Covid-19 era be formulated so that the State can balance the protection of public health and religious freedom? Keywords: Covid-19, the right to freedom of religion or belief, the right to public health, derogation, limitation.
Disruptions and Corporate Human Rights Responsibility Winibaldus Stefanus Mere; Otto Gusti Ndegong Madung
Journal of Southeast Asian Human Rights Vol 6 No 2 (2022): December 2022
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jseahr.v6i2.34526

Abstract

This article aims to examine the question of how and to what extent business entities can balance the necessities of making business profits and performing social responsibilities in spite of various disruptions encountered in a pandemic. How and to what extent should their social and human rights responsibilities be managed during the COVID-19 pandemic or a similar crisis? The relevance of these questions arises from the fact that while the main purpose of business is to make profits while providing goods, services, jobs, and sources of income to many people, various disruptions arising from policy responses to the COVID-19 pandemic have been posing very serious challenges to business management practices, profitability, and sustainability. These challenges may force businesses to compromise on their social and human rights responsibilities to affected stakeholders for the sake of preserving their commercial responsibilities to their shareholders. This article argues that efforts to ensure effective performance for a balanced approach between commercial responsibilities and human rights responsibilities require a corporate organizational culture that takes human rights risks as seriously as commercial risks. This means there must be an organizational attitude that maintains an unwavering commitment to respect human rights while doing business. In practice, this organizational attitude should be manifested through a clear indicator of its commitment to both “know and “show” human rights responsibilities by way of embedding human rights policy and due diligence procedures into corporate culture. Keywords: Corporate human rights due diligence, disruptions, COVID-19, Pandemic, Business dilemma

Page 9 of 13 | Total Record : 128

 7   8   9   10   11 

Filter by Year

2017 2025


Reset
Filter By Issues
All Issue Vol. 9 No. 1 (2025): June 2025 Vol. 8 No. 2 (2024): December 2024 Vol 8 No 1 (2024): June 2024 Vol 7 No 2 (2023): December 2023 Vol 7 No 1 (2023): June 2023 Vol 6 No 2 (2022): December 2022 Vol 6 No 1 (2022): June 2022 Vol 5 No 2 (2021): December 2021 Vol 5 No 1 (2021): June 2021 Vol 4 No 2 (2020): December 2020 Vol 4 No 1 (2020): June 2020 Vol 3 No 2 (2019): December 2019 Vol 3 No 1 (2019): June 2019 Vol 2 No 2 (2018): December 2018 Vol 2 No 1 (2018): June 2018 Vol 1 No 2 (2017): December 2017 Vol 1 No 1 (2017): June 2017 More Issue