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<![CDATA[Detensi Imigrasi Berkepanjangan yang Bertentangan dengan HAM pada Fasilitas Detensi Imigrasi di Jepang: Tinjauan Perspektif Institusional ]]>
<![CDATA[Sari Anggaini]]>;
<![CDATA[Kurniawaty Iskandar]]>
<![CDATA[ Jurnal HAM Vol 13, No 3 (2022): December Edition ]]>
Publisher : <![CDATA[Badan Penelitian dan Pengembangan Hukum dan HAM ]]>
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DOI: 10.30641/ham.2022.13.347-368
<![CDATA[Recently, some cases of human rights violations in immigration detention centers across Japan have attracted worldwide attention. Those inhumanely considered cases necessitated the United Nations expressing an opinion through the United Nations Working Group on Arbitrary Detention. This study found that ingrained ideologies of homogeneity in Japanese society give rise to immigration policies that tend to hinder the integration of immigrants into Japanese society. This research looks at three main areas: first, how the ideology of homogeneity led to prolonged immigration detention in Japan; second, whether immigration detention in Japan violates international human rights law; and, finally, the guarantee of human rights protection for detainees in Japan. a qualitative research method using a literature review to describe how ethnic homogeneity causes prolonged immigration detention in Japan that is against international law through an institutional frame.]]>
<![CDATA[Ar-B (Augmented Reality and Brille) Module Innovation of Learning Media in the Fulfillment of Human Rights Field of Education for Visually Impaired Person ]]>
<![CDATA[Vegia Oviensy]]>
<![CDATA[ Jurnal HAM Vol 13, No 3 (2022): December Edition ]]>
Publisher : <![CDATA[Badan Penelitian dan Pengembangan Hukum dan HAM ]]>
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DOI: 10.30641/ham.2022.13.603-612
<![CDATA[In Indonesia alone there are 3 million more people with visual impairments and there are only 10% of media available, and during the covid19 pandemic 99% of students actively use social media during the pandemic especially social media Tiktok which is about 78% of students using Tiktok longer. Even Tiktok’s social media users are increasing by around 14.3 million per month. Seeing these problems, the researchers made a new innovation, namely the Ar-B (Augmented Reality and Braille) Tiktok-based Learning Media Innovation which is used for normal and visually impaired students in an effort to fulfill human rights in the field of education for the community. with disabilities. This research uses the R&D type with the Borg and Gall development model. Data collection techniques were carried out through observation, questionnaires, literature studies, documentation and trials and then analyzed using media expert validation analysis techniques, material expert validation analysis techniques and trial analysis techniques. The specific purpose of making this media is to find out whether the Ar-B Module is valid to use and how the student learning outcomes after using this module. The results of this study indicate that the module Ar-B has a validity level of 92% and can improve student learning outcomes.]]>
<![CDATA[A Critical Analysis of the Indonesian Human Rights Action Plan 1998-2020 ]]>
<![CDATA[Majda El Muhtaj]]>
<![CDATA[ Jurnal HAM Vol 13, No 3 (2022): December Edition ]]>
Publisher : <![CDATA[Badan Penelitian dan Pengembangan Hukum dan HAM ]]>
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DOI: 10.30641/ham.2022.13.519-538
<![CDATA[This article analyzes the emergence and development of the National Human Rights Action Plan (NHRAP) or Rencana Aksi Nasional Hak Asasi Manusia (Ranham) during Indonesian Reform era, 1998-2020. Ranham is recognized as a national strategic policy document that describes and explains; 1) how the state incorporates human rights principles and norms into its policies, and 2) how to measure its remarkable achievements. All Indonesian governments have adopted and implemented Ranham, which was enacted by Presidential Regulations during five phases in the two decades of the Reform era. Ranham was derived and mandated by the Vienna Declaration and Program of Action (VDPA) 1993. Up until recently, more than 70 states have formulated the Ranham, including Indonesia. This article discovers that the policy of Ranham during the Reform era reflects the national commitment to the human rights agenda. However, the lack of the conceptualization of human rights still impedes the development and reinforcement of the national human rights system.]]>
<![CDATA[Urgensi Penghormatan Otonomi dan Hak Menerima Informasi Vaksinasi Covid-19 dalam Konteks Kewajiban Vaksinasi ]]>
<![CDATA[Ervin Dyah Ayu Masita Dewi]]>
<![CDATA[ Jurnal HAM Vol 13, No 3 (2022): December Edition ]]>
Publisher : <![CDATA[Badan Penelitian dan Pengembangan Hukum dan HAM ]]>
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DOI: 10.30641/ham.2022.13.445-458
<![CDATA[Currently, the Covid-19 vaccination coverage is quite high, reaching 62%. Ironically, there are many rejection and inappropriate motivation in receiving vaccines. Enthusiasm for vaccination didn’t represent the understanding regarding vaccination. Lack of understanding can be caused by limited or ineffective information. To describe the provision of information during the Covid-19 vaccination, a descriptive qualitative study was conducted with in-depth interviews with ten respondents. The data was analyzed by making coding and themes and compared with references. The results showed that four out of ten respondents didn’t receive information prior to the Covid-19 vaccination. It was also found that the motivation to receive vaccines was only as an obligation and for using public facilities. On the other hand, vaccinators had limitations in providing information and only prioritize vaccination coverage. Without adequate information, receiving vaccine would be a mere compulsion. Respect for autonomy of vaccine recipients and rights to receive information as parts of human rights didn’t work. The obligation to receive the Covid-19 vaccination in the context of a pandemic must respect the rights and autonomy of the community. Collaboration from the government and local leaders and structured coordination are needed so that the Covid-19 vaccination is accordance with ethical standards.]]>
<![CDATA[Realitas Masyarakat Papua dalam Distorsi Representasi Media: Analisis Media Baru ]]>
<![CDATA[Logan Gunadi Wirawan]]>;
<![CDATA[Muhammad Fauzan Farendra]]>;
<![CDATA[Yoas Lintang]]>
<![CDATA[ Jurnal HAM Vol 13, No 3 (2022): December Edition ]]>
Publisher : <![CDATA[Badan Penelitian dan Pengembangan Hukum dan HAM ]]>
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DOI: 10.30641/ham.2022.13.369-382
<![CDATA[Media portrayals towards minorities result in implications towards how society as a whole views them. This paper questions how the media representation of Papua reflects the reality of their socio-political situation and what the implications of said representations are. Based on secondary data analysis towards Indonesian media's portrayals of Papua, including but not limited to its' constituents and environment, this paper seeks to understand based on new media theories of social reality how the media portrayals of Papua have impacts towards the socio-political experience of Papuans in Indonesians, and Indonesians towards Papuans. The results obtained by the analysis indicate that media employs stereotypical and surface level portrayals of Papua in a way that dismisses the structural issues Papuans are facing. Those results show that media representation plays an integral part towards manufacturing discrimination towards Papuans, leading towards this paper’s recommendations that calls for increased pressure towards demanding that the damages caused by false media portrayals of Papua were to be rectified by responsible parties.]]>
<![CDATA[Protection of Human Rights Victims of Sexual Violence through Maqâsid al-Sharî’ah: A Case in Batu City Indonesia ]]>
<![CDATA[Miftahudin Azmi]]>
<![CDATA[ Jurnal HAM Vol 13, No 3 (2022): December Edition ]]>
Publisher : <![CDATA[Badan Penelitian dan Pengembangan Hukum dan HAM ]]>
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DOI: 10.30641/ham.2022.13.613-630
<![CDATA[Sexual violence can happen anywhere, and some perpetrators are usually related to the victim. A case of sexual violence occurred at Selamat Pagi Indonesia School in Batu city. The schoolmaster threatened the victim to comply with his wishes. A school environment, which should be a place to learn about science and ethics, has become a scene for sexual assault. This article aims to provide prevention and settlement alternatives for sexual violence through maqâsid al-sharî’ah methods. The data show that sexual violence at the school has occurred since 2009. This article includes empirical research using qualitative methods by describing and analyzing the data which is presented in descriptive text. The result of the research shows that the victims are incapable of fighting back due to manipulation in order to always be obedient and repay the perpetrators. The intimidation practice is in contrast to human rights and religious purposes, while the perpetrators exploit the power relation and manipulate religious narratives to commit the crime. Understanding religious purposes (maqasid alsharî’ah) provides essential tools to minimize human rights violations in the form of sexual violence. One is allowed to make prejudices and refuse to engage in an activity that may lead to sexual violence. The resistance corresponds with maqâsid al-sharî’ah which consists of safeguarding the soul, progeny, mind, religion, and wealth.]]>
<![CDATA[Regulation Model of Religious Rights and Freedoms for Local Religious Believers in the Majapahit Constitution ]]>
<![CDATA[Muwaffiq Jufri]]>
<![CDATA[ Jurnal HAM Vol 13, No 3 (2022): December Edition ]]>
Publisher : <![CDATA[Badan Penelitian dan Pengembangan Hukum dan HAM ]]>
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DOI: 10.30641/ham.2022.13.539-556
<![CDATA[This article unfolds that the Majapahit Kingdom of Indonesian history has accommodated religious rights and freedom for local religious believers/adherents in its constitution. The kingdom was known in history as tolerant, harmonious, and had reasonable regulations to avoid faith-based conflicts. This finding is significant amid the rising concern over respect and protection of local indigenous religious beliefs in contemporary Indonesia. This research used normative legal methods with statutory, historical, and case approaches. The results and discussions were: first, the weakness of the Indonesian constitution’s model of regulating religious rights and freedoms was that it closed access for local religious believers to adhere to and carry out their religious teachings; second, the model regulating the right to religious freedom for local religious believers needed to distinguish the status of religions in Majapahit. Local religions retain an equal position in the constitution. In addition, this constitution also guided religious believers in Majapahit as part of the regulations in the field of religious rights and freedoms. This research concluded that equalizing positions and concepts of spiritual development allows regulating religious rights and freedoms in its constitution to make Majapahit a tolerant, harmonious country that avoids faith-based conflicts.]]>
<![CDATA[The Regulatory Status Analysis for Updating the Public Legal Awareness on Human Rights in Indonesia ]]>
<![CDATA[Andreas Tedy Mulyono]]>;
<![CDATA[Rudy Pramono]]>
<![CDATA[ Jurnal HAM Vol 13, No 3 (2022): December Edition ]]>
Publisher : <![CDATA[Badan Penelitian dan Pengembangan Hukum dan HAM ]]>
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DOI: 10.30641/ham.2022.13.459-478
<![CDATA[In this study, it is argued that quantitative empirical legal research can support understanding public legal awareness of the implementation of human rights protection in Indonesia. The public legal awareness is analyzed using the Partial Least Square-Structural Equation Modelling to provide flexibility for exploring the link of the ideals of human rights law with elements of the legal system as research variables. This research is a literature study on the importance and use of empirical quantitative research methods through the establishment of a path model called Regulatory Status Analysis. The model positions legal ideals (justice, certainty, and expediency) as an independent variable; while the two elements of the legal system: substantive law and legal structure, are mediating variables. Based on the trial run, the path model can picture the relationship between ideal law and legal culture as the dependent variable in the form of public awareness to comply with legal norms that protect human rights. Substantive law also has a positive influence on awareness to obey the law. However, the legal structure has no influence, either directly or indirectly. It might be because respondents consider law enforcement against human rights violations less than optimal. The test result determines what kind of human rights legal system should be developed for national and global legal scholarship.]]>
<![CDATA[Komisi Kebenaran dan Rekonsiliasi dalam Era Nontransisional: Implementasi di Korea Selatan dan Kanada ]]>
<![CDATA[Anggarani Utami Dewi]]>;
<![CDATA[Mustafa Fakhri]]>
<![CDATA[ Jurnal HAM Vol 13, No 3 (2022): December Edition ]]>
Publisher : <![CDATA[Badan Penelitian dan Pengembangan Hukum dan HAM ]]>
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DOI: 10.30641/ham.2022.13.413-428
<![CDATA[This article aims to explain the practice of Truth and Reconciliation Commission (TRC) in non-transitional era. The TRC in non-transitional era was formed by democratic country or to reveal the truth of gross human rights violations that occurred decades ago. This research uses comparative method that compares the practice of TRC in South Korea (Commission on Clearing up Past Incidents for Truth and Reconciliation/TRCK) and Canada (Truth and Reconciliation Commission of Canada/TRCC). The results of the study indicate that the TRCK and TRCC were formed as an effort by the state to improve previous efforts in dealing with gross human rights violations; the number of staff members had a more significant impact on the success of the TRC than the number of commissioners; the norms governing the protection, prohibition, and sanctions for commissioners and staff, testifying witnesses, the persons named in the testimony and for individual and community; TRCK and TRCC gathered facts within two years; and the reconciliation process was carried out by the commission through the rehabilitation of reputations and holding memorial services. This article recommends that the practice of TRC in South Korea and Canada can be adopted in the preparation of policies for the establishment of TRCs in Indonesia.]]>
<![CDATA[Improving the Quality of Public Services through Bureaucratic Reformation: Human Right Perspectives ]]>
<![CDATA[Riri Tasi]]>
<![CDATA[ Jurnal HAM Vol 13, No 3 (2022): December Edition ]]>
Publisher : <![CDATA[Badan Penelitian dan Pengembangan Hukum dan HAM ]]>
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DOI: 10.30641/ham.2022.13.589-602
<![CDATA[This article discusses Bureaucratic Reform from the Perspective of Human Rights in improving the quality of public services. Bureaucratic Reform is a process of change that is carried out in stages, systematically, and continuously. It aims to create clean governance, improving public services, capacity, and accountability of bureaucratic performance and professionalism of Human Resource Apparatus. This process can be seen as a change from the current condition to the targeted condition within the scope of Bureaucratic Reform. There are several problems faced in improving maximum public services, including 1) transactions leadership, 2) adaptive organizational structure, 3) weak policy implementation, 4) inefficient organizational structure and management, 5) unclear service systems and strategies, 6) corrupt organizational behavior; 7) lack of transparency. In order to solve problems in the government bureaucracy, it is necessary to reform its structure and work culture. If bureaucratic reform in services is successfully implemented, public service bureaucratic reformation will achieve the expected goals, including: an increase in public respect for government performance as a service provider, a decrease or even elimination of public authority abuse by officials in the agencies concerned; realization of a country that has the most-improved bureaucracy and improves the quality of each service sector to the public.]]>
