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Journal of South East Asian Human Rights
Published by Universitas Jember
ISSN : 25992147     EISSN : -     DOI : -
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 81 Documents
Introduction Khanif, Al; Kulvmann, Jesper
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.v4i2.21511

Abstract

Constructing Modern Indonesia Based on Pancasila in Dialogue with the Political Concepts Underlying the Idea of Human Rights Madung, Otto Gusti Ndegong; Mere, Winibaldus Stefanus
Journal of Southeast Asian Human Rights Vol 5 No 1 (2021): June 2021
Publisher : Jember University Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jseahr.v5i1.20258

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This article aims to describe the role of Pancasila as an ideological basis and collective identity for the multicultural society of Indonesia. Pancasila has historically been proven to be able to unite Indonesia’s diverse peoples and cultures. Pancasila means five principles that construct the ethical basis for one common home, i.e. Indonesia. The principles are belief in one God, humanity, Indonesia’s national unity, representative democracy, and social justice for all Indonesian citizens. This article argues that in the midst of democratisation and the openness to globalisation, Pancasila needs to be re-interpreted and given a place in contemporary political discourse. It proposes that Pancasila should be read in the light of the contemporary political discourse between communitarianism and liberalism. Such a dialogue is fundamental to coping with the dogmatisation of Pancasila, which can result in the loss of its political relevance as a collective identity. Furthermore, liberalism and communitarianism are the two fundamental philosophical pillars beside socialism upon which the concept of human rights is developed. Therefore, combining Pancasila with the two philosophical concepts is very important to strengthen the role of Pancasila in promoting the idea and practices of human rights politics in Indonesia.
Involvement of the Indonesian National Military (TNI) in Legislation about Anti-Terrorism Prakasa, Satria Unggul Wicaksana
Journal of Southeast Asian Human Rights Vol 5 No 1 (2021): June 2021
Publisher : Jember University Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jseahr.v5i1.18469

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Changes in the international humanitarian legal system in a global context have shifted, as the first war identified with an inter-state ceasefire. Today, the war party is not only a state but also the aftermath of the 9/11 tragedy marked by non-state war actors, a terrorist attack. In Indonesia, the issue of terrorism becomes a serious concern after the first Bali Bombing, the second Bali Bombing, and other terrorist tragedies. Lately, the discourse of TNI involvement in the eradication of terrorism in Indonesia through the formation of the Anti-Terrorism Act. According to the issue, the research problems are (1) TNI's authority elements to combat terrorism in the Indonesian legal system; (2) the International humanitarian law system regulates the involvement of the military on combating terrorism. The results of the study are (1) after the fall of New Order regime in 1998, the dual function of ABRI (Indonesian Armed Forces during Suharto's era) had dissolved, and this implied the limited authority of TNI to maintain the unitary state of the Republic of Indonesia (NKRI) sovereignty at the border. The authority of the TNI on combating terrorism, following Act No.34, 2004 section 7 articles (3) about TNI, mentions that the fight against terrorism deals with criminal methods. Except for war aggression, related to terrorism that threatens the State sovereignty and not against terrorism that occurs in the community on the Anti-Terrorism Act. If TNI wants to be involved in combating terrorism, it must be following the 1945 constitution, of which terrorism is part of non-international armed conflict, in which the power of command is in the hands of the President.
Policy Development of Inclusion Village to Fulfill the Rights of Persons with Disabilities Widhi Antoro, Bibianus Hengky; Widijantoro, Johanes; Hardjanti, Dewi Krisna
Journal of Southeast Asian Human Rights Vol 5 No 1 (2021): June 2021
Publisher : Jember University Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jseahr.v5i1.18076

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Stigmatization towards persons with disabilities is so pervasive in society that it directly weakens their position in various fields unlike common other people in various fields. Although Indonesia has enacted Law No. 8 of 2016 concerning Persons with Disabilities, efforts to protect and fulfil the rights of persons with disabilities must continue to be actively encouraged. This study examines one of the strategic steps being taken to protect and fulfil the rights of persons with disabilities, the development of a Village Inclusion Policy. Aside from contributing to the fulfilment of the rights of persons with disabilities, particularly in rural areas, this policy is also expected to accelerate the improvement of welfare through increased accessibility of, and participation in, rural development. The study begins by reviewing the implementation of regulations and policies related to the protection and fulfilment of the rights of persons with disabilities in general. It then analyzes the possibility of further developing the Inclusion Village Policy, drawing on a policy review, focus group discussion, and in-depth interviews with relevant stakeholders. The results of this study illustrate the strategic value of the policy as well as the various factors that encourage or inhibit the fulfilment of the rights of persons with disabilities.
When Human Rights are not Enough Kurniawan, Joeni
Journal of Southeast Asian Human Rights Vol 2 No 1 (2018): June 2018
Publisher : Jember University Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jseahr.v2i1.5332

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Juridically, there have been quite a lot of legal instruments existing in Indonesia to protect human rights. These legal instruments include the Indonesian Constitution, which has special articles regulating about human rights, the Human Rights Act (the Law Number 39 of 1999), the National Commission for Human Rights, etc. Thus, normatively, all those legal instruments should be adequate to protect human rights in Indonesia, including the protection of the minority groups. However, the facts don’t seem in line with such expectation. There have been a lot of cases happened in Indonesia that bring this country into a serious question in its ability to protect the minority groups. The persecutions over the Ahmadiyah and Shia sects, the rejections against non-Muslim worship place establishments, and as the most recent one, the case of Jakarta’s governor Basuki Tjahaja Purnama, are some of the long sad stories showing how Indonesia is really poor in its performance to protect the minority groups. Identity politics and even a sentiment of racism are re-escalating in Indonesia today, which seems affirming the research findings got by the Wahid Foundation showing that 59.9% of 1520 of respondents from 34 provinces in Indonesia said that they have hatred towards some groups of their fellow citizen, such as those who are non-Muslims, Chinese-descents, communists, etc (Hakim 2016). Among this 59,9% respondents, 92,2% of them said that they highly oppose a person coming from those groups to become a governmental leader, and 82,4% of this people even said that they don’t want to have a neighbor coming from those groups (Hakim 2016). Such re-emergence of identity politics and sentiment of racism, as well as a frightening fact of hatred among people, really give a serious question about why all the human rights instruments which already exist in Indonesia seem to fail in preventing all those things to happen. In this article, I will show my hypothesis that all that sad news that happened in Indonesia in regard to the minority group protection are due to the failure of multiculturalism approach implemented in Indonesia so far. Thus, I will also propose the interculturalism approach to be implemented in Indonesia as the critique and refinement of multiculturalism approach in dealing with the multicultural society, including in regard to the minority groups protection.
Biometric Data Sharing in Addressing Irregular Migration and Security Issues within the Bali Process Framework for Indonesia and ASEAN Member States Indriani, Masitoh; Paripurna, Amira
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

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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.
The Role of Indonesian CSOs in Increasing the Understanding of Disabled Issues in the Indonesian Criminal Justice System Wicaksana, Dio Ashar
Journal of Southeast Asian Human Rights Vol 1 No 2 (2017): December 2017
Publisher : Jember University Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jseahr.v1i2.6135

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Indonesia successfully amended Disabled People Law in early 2016. The fundamental amendment is creating equal rights and opportunity for disabled groups. Disability group in this context is the people who have physical and mental limitations to communicate and participate effectively with another people as equals. But, nowadays some people prefer using the term “difabled” than “disabled”. Difabled alongside with feminist, LGBT and minority groups commonly known as a part of discriminated groups in society. Difabled activist believe that difabled is a natural part of human diversity – something that should be valued and respected, rather than pitied, feared and discriminated. Difabled people are potentially to be victim 4-10 times more than other people. Pusham UII (2015) highlighted the existence of many violations in the Indonesian criminal justice system to difabled people, such as: improper questioning, failure to process reports from blind people and a general atmosphere of disrespect to the difabled community. One of the major problems is the Indonesian law officers’ lack of knowledge and understanding of difabled groups. In Yogyakarta, Civil Society Organization (CSO) has significant role to increase understanding of difabled issues. In this instance, Sasana Integration and Advocacy of Difabled (Sigab) developed an inclusive village project in Yogyakarta. They provide education and socialization of difabled issues within village’s community. Another example, Pusham UII have developed the curriculum and module to provide training in legal institution (Police, Prosecutor and Judge). This paper discusses the understanding of law officer after Indonesian disability law already enacted in early 2016. Thereafter, I will discuss how Indonesian CSOs helps to increase the understanding of difabled issues, to eliminate gap of knowledge between legal formal with practice area. Consequently, my research question is formulated: “How does the role of Indonesian CSOs to increase the understanding of difabled issues in the Indonesian criminal justice system?”
Human Rights Norm Diffusion in Southeast Asia Netipatalachoochote, Stanati; Holzhacker, Ronald; Ciacchi, Aurelia Colombi
Journal of Southeast Asian Human Rights Vol 2 No 1 (2018): June 2018
Publisher : Jember University Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jseahr.v2i1.7748

Abstract

Abstract Civil Society Organizations (CSOs) have played an increasingly vocal role in their struggle to advance both human rights protection and promotion in Southeast Asian countries. Most notably, CSOs have become a more important actor in dealing with human rights issues in particular by virtue of their role in drawing attention to human rights violations. In the case of massive human rights violations happening in Southeast Asia, CSOs pursue various strategies to address and try to end such abuses. Spreading information of human rights violations occurring in each member state to regional peers, and then finding new allies such as international organizations to put pressure back to human rights-violating states, in what is characterized as a dynamic of the boomerang model, one of the prominent strategies CSOs use to relieve human rights violations. Another strategy recently observed involves CSOs reaching out to powerful judicial institutions whose decisions can be legally binding on a violating state. Spreding This paper applies the boomerang model theory to the efforts of CSOs, specifically with respect to their work in helping to end the extrajudicial killing of drug dealers in the Philippines during President Duterte’s tenure, to display how the dynamics of the boomerang model works and what this strategy has achieved in terms of ending the extrajudicial killings. Beyond the boomerang model, this paper further demonstrates the strategy of CSOs in reaching out directly to powerful judicial institutions, in this case the International Criminal Court (ICC). The paper discusses why CSOs pursued this strategy of reaching out to the ICC, bypassing the region’s human rights institution—the ASEAN Intergovernmental Commission on Human Rights (AICHR). Keywords: Civil Society Organizations (CSOs); Extrajudicial Killing in the Philippines; The International Criminal Court (ICC). (A previous version of this paper was presented at the 14th Asian Law Institute (ASLI) Conference hosted by the University of Philippines, College of Law (UP) in 19 May 2017. We would like to thank the commentators and the audience for their questions and comments on the paper.)
Defending Environmental Rights: an Ecological Democracy Perspective Pratisti, Siti Aliyuna
Journal of Southeast Asian Human Rights Vol 1 No 2 (2017): December 2017
Publisher : Jember University Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jseahr.v1i2.5283

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Environmental problems are amongst the most complex issues faced by the government. The reason why such problem is difficult to tackle lie within its basic assumption which often contradictory to the country’s development agenda. Take an example of Cement Plant controversy that happened recently – the plant that situated in Mount Kendeng, Pati, Central Java, considered harmful to the surrounding and threatening the environmental right of the people who lives in nearby areas. This case can be referred as government misconduct on neglecting basic environmental right. Environmental rights itself are commonly understood as the reformulation and expansion of existing human rights and duties in the context of environmental protection. However, although it has received much attention at grass root level conveyed by activist group and people based community, environmental rights still do not have strong recognition, whether in domestic level and also in international level. Therefore, this research attempt to modulate recognition on environmental right by emphasizing ecological democracy perspective, particularly in public participation in environmental policy making. Public participation is vital to ecological democracy as the key to sustainable development and in defending the environmental rights. The concept itself tries to bridge the government and public needs – to ensure that the public can participate in any ways by providing feedback and solutions. There are three main types of environmental rights – procedural, substantive, and solidarity. As for this research, we will focus on solidarity aspects, to explain the public engagement in environmental policy making.
Asian Values and Human Rights: A Vietnamese Perspective Huong, Ngo Thi Minh; Vu, Giao Cong; Nguyen, Tam Minh
Journal of Southeast Asian Human Rights Vol 2 No 1 (2018): June 2018
Publisher : Jember University Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jseahr.v2i1.7541

Abstract

This paper examines the impact of the ideology of ‘Asian Values' on the legal norms and practices that frame the recognition and protection of human rights in Vietnam. Specifically, the paper focusses on the extent to which Asian Values has been deployed to discourage the adoption of international human rights norms and practices in the context of Vietnam’s rapid economic development since the mid- 1980s. The paper first sketches the adoption of Asian Values in Vietnam’s politics and society. Cultural and political factors that have shaped the conception of human rights are reviewed. Human rights language and norms, as manifest in political ideologies, policies and laws are then analysed, with particular reference to the different versions of Vietnam’s Constitution. It is shown that both the Communist Party of Vietnam (CPV) and the State of Vietnam have clearly articulated Asian Values in formulating their conceptions of human rights. This outcome is argued to result from the fact that Vietnamese political leaders, alike with Lee Kwan Yew in Singapore, the progenitor of Asian Rights, have been strongly influenced by Confucian ideals of governance. Confucianism is not, however, the only basis for political ideas in Vietnam. Although Vietnam is a market economy it remains a one- party state controlled by the CPV. The Marxist-Leninist principles on which the current State of Vietnam was based at its inception in 1975 remain intact. This ideology was however layered onto generations of collectivist principles embodied in the dominant agrarian society. The influence of Asian Values, on the recognition of and support for human rights in Vietnam has, however, been largely negative rather than positive, especially in relation to recognising civil and political rights as codified in universal human rights instruments. Thus, the protection and promotion of human rights in Vietnam, going forward, essentially mandates eliminating the influence of Asian Values in the ideology of political leaders and in the wider society. Key words: Human rights, Asian Values, democracy, constitution, Communist Party, Vietnam