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The Indonesian Blasphemy Law as Legal Forum for Renegotiating Indonesian Secularity Muktiono
Human Rights in the Global South (HRGS) Vol. 1 No. 1 (2022)
Publisher : Serikat Pengajar HAM Indonesia

If secularism is described merely as the decline of religious roles in public spheres or religious privatization, then there would be difficulties to put the secular term on Indonesian history. The principle of divinity “Ketuhanan Yang Maha Esa” as adopted on the “Pancasila” as state ideology has become basis for religionization and rejecting any utterance of secularism at law, State institution, or other public domain. On the other hand, Indonesia as a democratic State as well as the most populous Muslim country in the world has never put the notion of Islamic state or theocracy as its State model. Its modernity is developed under the Western idea of law supremacy or the rule of law to which a democratic political system is laid down. This situation seems to be paradoxical in the view of both religionist or modernist due to its inconsistency to their strict concept especially on Islamic state and secularism. Or, is Indonesia another example of how religion and modernity has its multiplicity based its own historical reflexivity without making clash between religion and secularism? This article is intended to seek kind of distinction on Indonesian secularity based on how its blasphemy law developed and functioned under the framework of open-ended negotiation. The first epoch assumed as the place of negotiation on Indonesian secularity was taken place on initial stage of State’s formation around transition era of independence in 1945. Then, there have been several renegotiations afterward through multiple and overlapping instruments of development such as politics, economy, law, and culture. The blasphemy law as one of such instruments will be used to read how the relevant actors of Indonesian history has constructed their own concept of state and religion included its interrelationship characters as the basis for social and structural differentiation or distinction. The expected outcome of the reading and its analysis is to reveal any evidence of Indonesian particularity on secularization which may be related to the concept of multiple secularities.

Critiques on Contemporary Discourse of International Human Rights Law: a Global South Perspective Cekli Setya Pratiwi; Prischa Listiningrum; Muhammad Anis Zhafran Al Anwary
Human Rights in the Global South (HRGS) Vol. 1 No. 1 (2022)
Publisher : Serikat Pengajar HAM Indonesia

International human rights law faces various critiques among scholars such as Mutua and Posner. Mutua claims that international human rights law fails to accommodate cultural values, while Posner demands about its effectivity. Referring to Langford, this paper uses critical analytic approach to evaluate Posner’s critique and Mutua’s main thoughts. Langford counter critiques of Mutua and Posner are significant to mediate the discourses by providing current evidence. While opposing Posner and Mutua’s critiques of international human rights law, this paper supports Langford’s counter critiques because of three reasons. First, Langford's comprehension can ensure that IHRL not only accommodates individual rights but also communal rights. Second, Langford’s recent study indicates the effectiveness of international human rights law. Third, Langford develops a new optimism that social rights are justiciable although the strategic idea of integrating human rights with development still needs to be elaborated further. Therefore, it is significant to follow Langford’s suggestion to optimizing the international human rights law as the most recognized general standard to prevent human rights violation against the abusive power.

The Retention of the Mandatory Death Penalty in Trinidad and Tobago: An Ongoing Human Rights Concern Rico J. Yearwood; Stefan K. Newton
Human Rights in the Global South (HRGS) Vol. 1 No. 1 (2022)
Publisher : Serikat Pengajar HAM Indonesia

Commonwealth Caribbean countries account for a significant portion (roughly 15%) of the Global South region. The Republic of Trinidad and Tobago (“Trinidad and Tobago”) is the lone Commonwealth Caribbean country that retains the mandatory death penalty on its statute book in defiance of its human rights obligations. The retention of this anti-human rights punishment is due, in large measure, to decisions from Trinidad and Tobago’s final court of appeal, the Judicial Committee of the Privy Council (“JCPC”), which has affirmed the constitutionality of the mandatory death penalty. This article comparatively evaluates the jurisprudence on the mandatory death penalty from the JCPC and its regional counterpart, the Caribbean Court of Justice (“CCJ”), to demonstrate that while the CCJ rightly places a premium on the protection of human rights, the posture of the JCPC severely threatens the respect, protection, and fulfillment of human rights. The article argues that the most recent judicial decision from the JCPC on the mandatory death penalty continues to afford Trinidad and Tobago a free pass to disregard its international human rights obligations indefinitely. It further argues that this state of affairs is wholly censurable for a civilized nation that supposedly has respect for the fundamental rights of the individual. Consequently, the Parliament of Trinidad and Tobago should take the only corrective action remaining, which is to abolish the mandatory death penalty by legislative intervention.

Urgency of Online Petition to guarantee the Freedom of Speech and Participate Rights in Government Ria Casmi Arrsa; Prischa Listiningrum; Azzahrasya Sophia Siswanto
Human Rights in the Global South (HRGS) Vol. 1 No. 1 (2022)
Publisher : Serikat Pengajar HAM Indonesia

The freedom to express ideas and participate in the government is often manifested through democratic voting or involvement in general elections, but the processes taking place in elections cannot fully ensure that the members of the public can get their rights to the freedom of speech and participation in the government. With doctrinal legal method, this research has found that there seems to be an urgency to initiate an online petition platform in Indonesia as an alternative channel accessible to all the members of the public in order to optimize the exercise of the freedom of speech and equal participation in the government. Online petition systems have been around in Indonesia for quite some time, initiated and managed by change.org as a private organization along with other non-governmental organizations, but the legal loophole regarding online petitions that represent public participation in forming policies has not been capable of guaranteeing the attention or responses from the government over particular issues. In order to gain more perspectives, this article compare the online petition systems in the US and South Korea that were initiated by presidential agencies, and also the online petition in Germany that is under the direct management of the Petition Committee bellow the parliament (Bundestag). Therefore, it is concluded that Indonesian president has the power to rule the government in order to respond the urgency to give protection and fulfill Human Rights, especially freedom of speech and the rights to participate in the government by setting the legal basis.

Equality Value in the Systems of the Democracy of the Tribal People of Baduy Bahrul Ulum
Human Rights in the Global South (HRGS) Vol. 1 No. 1 (2022)
Publisher : Serikat Pengajar HAM Indonesia

This research studies the equality value in the democratic system of the tribal people of Baduy. Amidst increasingly eroded values of traditions, the tribal people of Baduy have adhered to the principle of maintaining their traditions. This research topic departed from the authors’ awareness of the tribal people of Baduy that remain in existence to date, coupled with the fact that tribal law growing amidst the tribal community has served as the root of the history that marks the identity of Indonesia. The process of law enforced in the tribal community is obvious in the process of the appointment of a puun or king. This process begins with superstitious advice (locally known as wangsit) passed by from the earlier puun. This topic is seen as intriguing especially when it is linked with the democratic systems in Indonesia, where these traditional appointment systems also comply with equality value that also exists in the democracy. This research employed empirical juridical methods and an ethnographic approach. The primary data were obtained from direct interviews and the secondary data were from library research. The research population involved all the community members of Baduy and other people living around the tribal community, while the sample involved the tribal head of Baduy, Father Mursid. The data analysis results were narrated and presented in tables before they were analyzed in a descriptive form. The research concludes that the appointment of a puun in the tribal community of Baduy also reflects equality that represents democratic values

Abuse of Human Rights in Myanmar: An Urgent Appeal to Reinterpret the ASEAN Non-Interference Principle Saru Arifin
Human Rights in the Global South (HRGS) Vol. 1 No. 2 (2022)
Publisher : Serikat Pengajar HAM Indonesia

Myanmar highlights the international community's worry over ASEAN's failure to protect the human rights of the country's citizens. Numerous stakeholders, including scholars and observers, consider the non-interference principle as the bedrock for interstate relations in the region to be the greatest barrier to ASEAN's intervention in Myanmar. Using the method of doctrinal research, this article investigates the junction of the concept of non-interference as the spirit of state sovereignty and the principle of human rights in the context of Myanmar. This article claims that the reason why human rights cannot be enforced in ASEAN, as in the case of Myanmar, is because ASEAN adheres to the principle of non-interference in the traditional expression of state sovereignty, thereby making the state the dominant actor and denying the existence of people. This article proposes that ASEAN shift its understanding of state sovereignty from the traditional to the human rights perspective, which has become a universal view that places humans as the ultimate sovereigns of a country.

Forgotten and Invisible Laborers: Domestic Workers in Singapore and Taiwan Lynn Ng
Human Rights in the Global South (HRGS) Vol. 1 No. 2 (2022)
Publisher : Serikat Pengajar HAM Indonesia

This paper is about legal yet unjust systems of domestic servitude; the oppressive circumstances that ‘foreign maids’ the world over face as unappreciated, unrecognized, and undervalued workers in the invisible domestic space. Regardless of political culture and regime - liberal democracies to authoritarian governance – ‘maids’ are excluded from normal labor standards. The author explains and discusses the legal blind spots, loopholes, and oversight of labor clauses for foreign domestic workers (FDWs) in the East Asian states of Singapore and Taiwan. This paper aims to spark critical conversations about the public/private divide, also the feasibility of enacting home-based legislation for private household workers. It uses the reviewed literature – relevant research studies, government websites, and news sources – and interview findings to advance its main claims. Between May 2021 and July 2022, the author conducted online semi-structured interviews on WhatsApp/Zoom with 61 people who were directly or indirectly involved in eldercare provision: FDWs, domestic employers, recruitment agency managers, unpaid family caregivers, and NGO workers. The author’s analysis shows that FDWs, called ‘maids’ in the local parlance, face a myriad of shocking abuses by sending/receiving governments, unscrupulous recruitment agencies, and host employers who view them as private property (owned) rather than human beings with needs. This paper argues that FDWs deserve to be respected and included in formal labor laws like the rest of the workforce, to better safeguard their physical safety, mental wellbeing, and personal dignity

Human Rights Aspect in the Indonesian Energy Transition: The Challenges of Promoting the Right to a Clean, Healthy and Sustainable Environment Asrul Ibrahim Nur
Human Rights in the Global South (HRGS) Vol. 1 No. 2 (2022)
Publisher : Serikat Pengajar HAM Indonesia

Indonesia's Constitution has recognised and guaranteed the right to a clean and healthy environment. Recognition of the right is even more relevant after the United Nations adopted the resolution to recognise it as a part of human rights in 2022. This paper will discuss the recognition and guarantee of human rights in the Indonesian legal framework on energy transition. As one of the responses to the climate change phenomenon, the energy transition should mainstream the human rights aspects. Doctrinal legal research methods are adopted in this study with a statute and conceptual approach. This study aims to map the problems of Indonesia's energy transition legal framework from a human rights perspective. The analysis results show at least three problems raised in recognising the right to a clean, healthy and sustainable environment in the Indonesian legal framework on energy transition: sectoral egos, incompatible legal instruments, and dependence on fossil energy.

Mechanisms of the Legal Protection of Human Rights in Global Regulation Ahmed M A Hamad; Jacklyn Jannial; Rachma Indriyani
Human Rights in the Global South (HRGS) Vol. 1 No. 2 (2022)
Publisher : Serikat Pengajar HAM Indonesia

This article addressed the issue of violations and infringements by presenting a legal study of the most important human rights protection mechanisms at the level of global regulation. The scientific necessity necessitated the study of the role of international bodies in the field of human rights, through the international mechanisms for monitoring human rights and the oversight and protection system in them. The article examined that international law has provided humanity with a number of mechanisms whose application leads to the creation of a virtuous society in which all human beings enjoy peace and security and enjoy all rights on an equal footing. International law has adopted a set of mechanisms that include a set of provisions that criminalize every act that would harm a person, whether this act occurred on his body, honor, or religion. International law has also created a number of consensual mechanisms that undertake the task of supervising and monitoring the extent to which individuals and states respect and apply those provisions. To achieve the objectives of the article, doctrinal legal research methodology using a qualitative approach was adopted. This article referred to a number of international treaties, charters, and declarations related to human rights or international law, in addition to many studies that dealt with human rights in international law. The article recommended that every country in the world shall stipulate that its constitution or basic law include explicit provisions that guarantee the protection of human rights and provide the necessary guarantees for their implementation.

The Legalization of Medical Marijuana: A Human Rights Law Perspective Zaka Firma Aditya; Sholahuddin Al Fatih
Human Rights in the Global South (HRGS) Vol. 1 No. 2 (2022)
Publisher : Serikat Pengajar HAM Indonesia

The discourse on legalizing marijuana for medical purposes in Indonesia peaked when legislators discussed the draft law on the narcotics law amendment. Efforts to legalize marijuana for medical purposes have also been pursued by testing the narcotics law. However, through decision number 106/PUU-XVII/2020, the Constitutional Court prohibited medical marijuana as a medical treatment. From the Human Rights perspective, everyone has the right to life and health. Therefore, in society's logic, the prohibition of using marijuana for medical treatment is the same as forbidding sick people to stay alive. It means that the state has failed to guarantee its citizens' lives. But on the other hand, several countries legalized medical marijuana, such as Thailand, Turkey, Lebanon, Netherlands, and Spain. So, why is Indonesia still banning the use of medical marijuana? This research tries to find the legal reasoning of Indonesia's government in the medical marijuana case. These problems were then analyzed using the prescriptive method with a comparative approach to finding new concepts related to legalizing medical marijuana in Indonesia. This study indicates that medical marijuana may be legal in the future of Indonesia's regime. It demonstrates by Indonesian Ulema Council and the Ministry of Health's political wills. The research recommendations are to provide proper education about medical marijuana and the prospect of legalization in the future.

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Prischa Listiningrum

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hrgsjournaladmin@sepaham.or.id

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Journal Mail Official
hrgsjournaladmin@sepaham.or.id

Editorial Address
Fakultas Hukum Universitas Brawijaya Jalan MT. Haryono No.169 Malang, Jawa Timur - Indonesia

Location
Kota malang,

Jawa timur

INDONESIA

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Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Prischa Listiningrum

Contact Email hrgsjournaladmin@sepaham.or.id

Phone -

Journal Mail Official hrgsjournaladmin@sepaham.or.id

Editorial Address Fakultas Hukum Universitas Brawijaya Jalan MT. Haryono No.169 Malang, Jawa Timur - Indonesia

Location Kota malang, Jawa timur INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
Prischa Listiningrum

Contact Email
hrgsjournaladmin@sepaham.or.id

Phone
-

Journal Mail Official
hrgsjournaladmin@sepaham.or.id

Editorial Address
Fakultas Hukum Universitas Brawijaya Jalan MT. Haryono No.169 Malang, Jawa Timur - Indonesia

Location
Kota malang,

Jawa timur

INDONESIA