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INDONESIA
Jurnal HAM
Published by Badan Penelitian dan Pengembangan Hukum dan Hak Asasi Manusia
ISSN : 16938704     EISSN : 25798553     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal HAM merupakan majalah ilmiah yang memuat naskah-naskah di bidang Hak Asasi Manusia (HAM) yang berupa hasil penelitian, kajian dan pemikiran di bidang HAM. Jurnal HAM terbit secara berkala 2 Nomor dalam setahun pada bulan Juli dan Desember.
Arjuna Subject : -
Articles 6 Documents
 1 
Search results for , issue "Vol 14, No 2 (2023): August Edition" : 6 Documents clear
Makna Menjadi Aktivis Gerakan Hak-Hak Disabilitas Di Bali: Studi Fenomenologis Tentang Pengalaman Aktivis Gerakan Sosial I Made Anom Wiranata
Jurnal HAM Vol 14, No 2 (2023): August Edition
Publisher : Badan Penelitian dan Pengembangan Hukum dan HAM

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2023.14.123-136

Abstract

The disability rights movement is exercised by movement actors who are able to transform their experiences of suffering into power to bring about changes toward the fulfillment of the rights of persons with disabilities. This research discusses the relationship between the reconstruction of past experiences of grievances due to stigma and discrimination, collective identity, and the capacity to be involved in the disability rights movement. By taking a location in Bali, this research uses a qualitative-phenomenology methodology to reveal the meaning of the experiences of the subjects who are disability rights movement activists, in the process of involving themselves in social movements. This article finds that the social movement actors are able to reconstruct their suffering into the capacity to make changes. Their personal identity meets their collective identity as actors in the disability rights movement through interaction with the community which provides space for the emergence of new awareness about rights and advocacy strategies.  The UNCRPD ratification, socialized by civil society organizations, opened up opportunities for strengthening interactions and networks between disability rights activists at the national and local levels. This network has strengthened the confidence of activists in Bali to take collective action. The ratification of the UNCRPD is also a momentum for mobilizing movement resources to change the old frame of charity towards a new frame of the fulfilment of rights. Changing the framework was carried out by advocating Regional Regulations in Bali which are in line with the spirit of the UNCRPD. Besides that, activists through their daily activities, show the public that persons with disabilities can be independent and actualize their potential if they get the chance.
Persetujuan Dinamis sebagai Sarana Optimalisasi Pelindungan Data Pribadi dan Hak atas Privasi Masitoh Indriani; Annida Aqiila Putri
Jurnal HAM Vol 14, No 2 (2023): August Edition
Publisher : Badan Penelitian dan Pengembangan Hukum dan HAM

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2023.14.105-122

Abstract

Consent is one of the foundations for data processing in the Operation of Electronic Systems by government and private institutions. Implementing consent as a basis for data processing has several shortcomings, particularly as it primarily relies on individuals being aware in providing authentic consent. In practice, individuals often give consent without considering any terms and conditions. Consent obtained without knowledge of data processing can jeopardize the right to privacy and the protection of personal data. This paper examines dynamic consent as a means to optimize the protection of privacy rights. The findings indicate that the concept of dynamic consent that prioritizes its approach to Data Subjects serves as a means to optimize personal data protection. Dynamic consent can strike a balance between on the one hand, the simplicity of the consent mechanism, and, on the other hand, the personal data protection standards and the right to privacy. Formulating dynamic consent should be based on legal elements, societal practices, technological features, and the involvement of personal data protection authorities. Additionally, as a form of implementing accountability for Electronic System Organizers as data controllers or processors, an effective mechanism for resolving personal data disputes is needed. These elements, when combined, can provide optimal personal data protection.
Hambatan Hukum untuk Penikmatan Hak atas Pekerjaan bagi Pekerja dengan Disabilitas Ayunita Nur Rohanawati; Sahid Hadi; Taufiq Rahman
Jurnal HAM Vol 14, No 2 (2023): August Edition
Publisher : Badan Penelitian dan Pengembangan Hukum dan HAM

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2023.14.155-168

Abstract

This article focuses on the enjoyment of the right to work for workers with disabilities. This focus is driven by the fact that there are still many discriminatory practices for workers with disabilities in the workplace. This study identifies, for instance, a worker with sensory and physical disabilities that is assigned to a not accessible field of work. This assignment presents barriers faced by the worker and results in the termination of the worker’s employment. Based on this fact, this article addresses two research questions. What is the legal barrier to the enjoyment of the right to work for workers with disabilities? What adequate interventions should the state take to ensure equality and non-discrimination for workers with disabilities? This normative study answers these two questions by analyzing the norms of Law No. 13/2003 on Manpower with the component of legal barrier in the social model for disability. This study proves that the provision in the Manpower Law is categorized as a legal barrier to the enjoyment of the right to work for workers with disabilities. Therefore, this study encourages the state’s legislative function to complement the provisions of the Law with a substance that requires every employers to ensure that their business governance is inclusive and accessible to the diversity of workers with disabilities based on equal rights.
Karakteristik Penggusuran di Indonesia: Pentingnya Intervensi HAM Sebelum, Sewaktu, dan Setelah Penggusuran Mochamad Felani Budi Hartanto; Dian Andi Nur Aziz; Agus Suntoro
Jurnal HAM Vol 14, No 2 (2023): August Edition
Publisher : Badan Penelitian dan Pengembangan Hukum dan HAM

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2023.14.169-184

Abstract

Development and spatial planning policies, especially physical infrastructure, are closely tied to the changes in land use. When these policies intersect with public living spaces, there is a possibility that they are leading to eviction. Although driven by public interest considerations—such as infrastructure development, post-disaster relocation and reconstruction, river flow normalization--evictions in Indonesia often coincide with conflicts, violence, lack of information, and inadequate compensation. These eviction practices are closely associated with alleged human rights violations. This article aims to critically examine the normative aspects of eviction policies and practices in Indonesia from a human rights perspective. It also raises the idea of human rights intervention in eviction policies and practices, aiming at establishing an ideal balance between spatial planning needs and human rights protection for displaced communities. By juxtaposing eviction policies and practices in Indonesia with human rights instruments related to evictions, this kind of intervention is necessary in within three time frames of eviction, namely before, during, and after evictions. Within these temporalities, the government should consider all alternatives outside evictions, provide clear information including eviction procedures, ensure protection for affected communities, and ensure reparative efforts for impacted communities.
Aksesibilitas Terhadap Informasi Keagamaan Bagi Penyandang Disabilitas Tuna Rungu: Visualisasi Tanda di Lingkungan Pusdai Jawa Barat Inna Junaenah; Hendy Hermawan; Samodro Samodro; Dante Rigmalia
Jurnal HAM Vol 14, No 2 (2023): August Edition
Publisher : Badan Penelitian dan Pengembangan Hukum dan HAM

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2023.14.185-204

Abstract

Human rights law encourages the implementation of state obligations by enacting policies that remove accessibility barriers for persons with disabilities, including a guaranteed access to information. Unfortunately, attention and efforts to facilitate the accessibility of people with deaf disabilities are insufficient, especially regarding religious information. The West Java Islamic Da’wah Center (Pusat Dakwah Islam/Pusdai), as one of the social service units within the local government, barely has a systematic policy basis to facilitate access to religious information, particularly for the “Friday Sermon” for persons with Hard of Hearing (HOH). This article identifies that human rights law can be the underlying basis for the fulfilment of visual communication for persons with HOH. This article discusses a visual design construction that may facilitate communication barriers for deaf-disabled persons in accessing religious information in Pusdai. By employing a socio-legal approach, including visual communication design lens, this study finds a gap in the visual information availability and facility for people with HOH. This study contends that visualization, in the form of moving and static signs, is necessary to facilitate the convenience of persons with HOH and it is seen as an effort to realize inclusive religious services. Such a measure needs to be incorporated into the National Action Plan on Human Rights (RANHAM) in West Java Province.
Konstitusionalisasi Perlindungan Konsumen Perspektif Hukum Hak Asasi Manusia dan Hukum Profetik Islam Musataklima Musataklima; M Syamsudin; Adi Sulistiyono
Jurnal HAM Vol 14, No 2 (2023): August Edition
Publisher : Badan Penelitian dan Pengembangan Hukum dan HAM

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2023.14.137-154

Abstract

People are ipso facto consumers. People, as consumers, have rights that must be protected by law. As human beings, consumers have rights that must be protected, respected, fulfilled, and advanced by the state. However, current consumer protection could be more effective and stronger, as evidenced by many consumer complaints to the National Consumer Protection Agency. (BPKN). This is also due to the weak legal instruments of consumer protection that need to be burned into the country’s constitution. Based on this, the study aims to analyze the urgency of constitutionalizing consumer protection from the perspective of human rights and prophetic Islamic law. The research method used is the study of doctrinal law with conceptual and legislative approaches. The data used is secondary data, i.e., primary, secondary, and tertiary legal materials obtained through the study of libraries and online searching (internet searching), surfing, and downloading, and subsequently analysed qualitatively. As for the results of this study, the first constitutionalization of consumer protection from a human rights perspective can guarantee the fulfillment of the right to life as a fundamental human right and can be an instrumentation of the fulfillment of a right to a decent and safe standard of living to be consumed. Second, from the perspective of prophetic law, the constitutionalization of protection can empower public authorities to fulfill, respect, implement, and enforce consumer protection, thus realizing the liberation and humanization of consumers from unfair and fraudulent trade.

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