e-Journal Balitbangkumham (Balitbang Hukum Dan Ham)
Not a member yet
571 research outputs found
Sort by
A Critical Analysis of the Indonesian Human Rights Action Plan 1998-2020
Get PDFThis article examines the genesis and evolution of Indonesia's National Human Rights Action Plan (NHRAP), known as Rencana Aksi Nasional Hak Asasi Manusia (Ranham), throughout the Reform era from 1998 to 2020. Ranham stands as an important national policy document designed to articulate two primary objectives: first, to delineate how the state integrates human rights principles and norms into its policies; and second, to establish benchmarks for measuring its notable achievements in this domain. Adopted and implemented by successive Indonesian governments, Ranham has been instituted through Presidential Regulations across five distinct phases over two decades of the Reform era. The foundation of Ranham can be traced back to the Vienna Declaration and Program of Action (VDPA) of 1993, a seminal international human rights framework. Currently, over 70 countries, Indonesia among them, have formulated their respective versions of Ranham. This article underscores Ranham's role as a manifestation of Indonesia's commitment to advancing the human rights agenda nationally. However, it also identifies a significant challenge: the insufficient conceptualization of human rights, which hampers the robust development and fortification of Indonesia's national human rights framework
Controversy of Presidential Decrees in a State of Emergency in Indonesia: Case Study of The Decrees of President Soekarno And President Abdurrahman Wahid
Get PDFThe debate of the decrees of President Soekarno and President Abdurrahman Wahid regarding the constitutional and unconstitutional presidential decree in emergency constitutional law continues to be a controversy that does not end until now because it is still being discussed related to the situation. This paper discusses 2 (two) phenomenal decrees related to constitutional or unconstitutional in terms of emergency constitutional law. By using normative juridical research methods. The approaches used are the statutory approach, the conceptual approach, and the historical approach. This paper discusses 3 (three) main findings, among others: First, the Presidential Decree is de facto and de jure motivated by no recognition of political action or legal action; Second, the decree is formally regulated in Article 12 and Article 22 of the Constitution of the Republic of Indonesia because in the 1945 Constitution it is regulated that if the country is in a state of danger, the president can make decisions in accordance with the authority regulated by laws and regulations; and Third, The decree can be said to be unconstitutional because it is not in accordance with the Indonesian constitution. The decree is not regulated by Indonesian legislation so that formation is considered unconstitutional because it cannot be based on law. However, in the emergency constitutional law, this situation becomes normal because the emergency constitutional law does not use legislation as usual when the country is in normal condition
Restorative Justice in Child Rape Perpetrators: A Case Study on Perpetrators With Intellectual Disability
Get PDFThe main role of probation officers is implementing restorative justice for the juvenile. However, a rape perpetrator with intellectual disability will encourage a different approach. Therefore, this study aims to explain how the application of restorative justice by probation officers on youth offenders with intellectual disabilities. The method used in this study is an empirical normative method. Primary legal materials were obtained through interviews with probation officers tasked with assisting in the investigation, prosecution, and examination in court, to assist in implementing decisions. Another source of legal materials was also obtained through the document of community research. Finally, secondary legal materials were obtained from various sources such as legislation, library books, and scientific journals. The results show three primary points. First, probation officers have realized restorative justice through their role in community research and mentoring. Second, probation officers provide recommendations for the rehabilitation of offenders. Third, probation officers reinforce other law enforcers such as police, prosecutors, and judges to conduct psychological diagnoses to ensure the child’s condition. However, this study also finds that not all law enforcers can understand and handle children with intellectual disabilities
The Study on the Coronavirus Pandemic Using Human Rights and Human Security Approach
Get PDFIn March 2020, The World Health Organization (WHO) finally announced a coronavirus or Covid-19 disease outbreak as a pandemic. According to WHO, the status of a pandemic is determined if a new disease has not had an antidote against the spread of the virus in regions of the world. The virus attacked individuals and no doubt the impact on people is significant, which relates to the security of the people and human rights aspects. The article explores the argumentative basis of human security and further analyzes the problem, strategy and needs in the lens of human rights related to pandemic in the framework of human security. It aims to analytically describe human security approaches in relation to the COVID-19 with human rights perspective through the common pattern of threat identified worldwide and plausible strategies based on literature study. The state strategy addressed in the article exists as a set of examples of best practices and/or critics toward the policy with materials provided by journals. The article uses a qualitative approach with a systematic literature study based on human security framework with human-right analysis and results in a generic set of human security frameworks for COVID-19 with the perspective of human rights
Private Limited Company in Indonesian Positive Law: Elaborating The Basic Concept of Corporate Law, Comparison to Other Countries and Its Development
Get PDFThe concept of a private limited company was first introduced in the Job Creation Law which is different from the concept of a company in the previous regulation. It is important to dig deeper into the concept of a private limited company: is it possible for a company legal entity to only have a single shareholder or it must be established by a minimum of 2 (two) persons as shareholders? Therefore, this paper applied the normative juridical method, which is believed to be able to answer the aforementioned problem. This paper reviewed the concept of a private limited company juxtaposed with the concept of a company that was in effect before the Job Creation Act and elaborated on the development of company regulations in Indonesian Law. In conclusion, it is found that the basic concept of a private limited company (as a legal entity) can be established by 1 (one) person, as the founder and sole shareholder, that is, as long as the establishment of the company is authorized by the state. Furthermore, the development of company legal arrangements in Indonesian law shows that the law must be responsive to the development of society. This is evident from several changes in the regulation of company law in Indonesia to accommodate the needs of economic development in society
Hak Suaka versus Kedaulatan: Studi Kasus Pencari Suaka Etnis Rohingya
Get PDFThe right to asylum is a fundamental right under international law. Despite its fundamental nature, there are still numerous challenges to protect this right. The main challenge is sovereignty, which is the primary basis for the state in determining the one permitted to live on its own territory. The complicacy that the Rohingya underwent in seeking asylum in other countriesis clear evidence of this problem. Rohingya isrecognized as one of the world’s most persecuted minorities, grappling with decades of systematic atrocities. This paper aims to take a closer look at the problems of the right to asylum by answering questions about the challenges Rohingya faced. The study was conducted by juridical method to investigate the right of asylum problems through the experience of the Rohingya. As a result, the Rohingyas encounter a number of challenges in seeking and enjoying their right to asylum. These include denial of access to cross borders, forced deportation, denial of access to procedures to verify refugee status, use of voluntary repatriation as a pretext for withdrawing asylum, use of legal means to expel asylum seekers, and use of non-entre’e mechanisms.Hak suaka merupakan hak dasar yang diakui oleh hukum internasional. Terlepas dari pentingnya hak ini, masih terdapat tantangan yang dihadapi dalam pemenuhan hak ini. Salah satunya adalah kedaulatan negara, yang menjadi dasar dalammenentukan siapa saja yang diizinkan untuk tinggal dalam wilayah teritorial suatu negara. Permasalahan yang dihadapi oleh Etnis Rohingya dalam mencari suaka di negara lain merupakan bukti nyata permasalahan ini. Rohingya diakui sebagai one of the world’s most persecuted minorities, yang menghadapi beragam kekejaman sistematis sejak beberapa dekade yang lalu. Tulisan ini membahas tentang problematika hak untuk mendapatkan suaka dengan menjawab pertanyaan apakah bentuk tantangan yang dihadapi oleh Etnis Rohingya dalam mencari suaka. Penelitian dilakukan dengan metode yuridis dengan melihat pengalaman etnis Rohingya untuk mengetahui problematika hak suaka. Berdasarkan hasil penelitian, ditemukan bahwa terlepas dari adanya hak suaka, hak untuk memberikan suaka merupakan hak negara yang bersumber dari kedaulatan negara. Terkait dengan hal tersebut, terdapat beragam tantangan etnis Rohingya dalam mencari dan menikmati hak suaka. Bentuk-bentuk tantangan yang dihadapi oleh etnis Rohingya meliputi penolakan akses untuk melintasi perbatasan, pengusiran paksa, penolakan akses ke prosedur untuk memverifikasi status pengungsi, penggunaan repatriasi sukarela sebagai dalih untuk penarikan suaka, penggunaan sarana legal untuk mengusir pencari suaka, dan penggunaan mekanisme non-entre’e
Pemenuhan Hak Warga Negara Eks Timor Timur untuk Mendapatkan Kehidupan yang Layak
Get PDFEast Timor is one of the provinces in Indonesia which separated itself as a result of the referendum in 1999 and became a country named Republik Deokratik Timor Leste (RDTL). As a result of the referendum, residents who wished to remain Indonesian citizens had to leave and then flee to the nearest area, one of which was in the Belu district, East Nusa Tenggara which is directly adjacent to East Timor. This research finds data that there are unfulfilled rights of citizens and solutions so that their rights can be fulfilled. The purpose of the research is to find out what rights have been received and aims to provide solutions so that their rights can be fulfilled. Collecting data by interviewing sources and then analyzing it. There are rights of ex-East Timorese that not been fulfilled, namely the right to have a proper place to live, the right to get a job, the right for children. The government must pay more attention to the conditions of the residents so that their rights are fulfilled. These problems can be handled by providing training and opening up job opportunities so that they can be independent and no longer live in refugee camps.Timor Timur merupakan salah satu provinsi di Indonesia yang memisahkan diri akibat dari adanya referendum pada tahun 1999 dan menjadi negara bernama Republik Demokratik Timor Leste (RDTL). Referendum tersebut dilakukan dengan cara jajak pendapat di mana mayoritas warga Timor Timur memilih untuk memisahkan diri dari Indonesia. Akibat dari referendum tersebut warga yang menginginkan tetap menjadi warga negara Indonesia harus keluar dan kemudian mengungsi ke daerah terdekat salah satunya di wilayah Kabupaten Belu, Nusa Tenggara Timur yang berbatasan langsung dengan Timor Timur. Penelitian ini menemukan data bahwa terdapat hak warga eks Timor Timur yang sudah terpenuhi dan belum terpenuhi serta solusi agar hak mereka dapat terpenuhi. Tujuan penelitian untuk menganalisis hak-hak yang sudah diterima dan bertujuan untuk memberikan solusi agar hak-hak mereka dapat terpenuhi. Pengumpulan data dengan wawancara secara langsung degan pengungsi kemudian menganalisisnya. Terdapat hak-hak warga eks Timor Timur di pengungsian belum terpenuhi yaitu hak mempunyai tempat tinggal dan lingkungan yang layak, hak untuk mendapatkan pekerjaan, hak bagi anak-anak. Pemerintah harus lebih memperhatikan kondisi warga di pengungsian agar hak-hak mereka terpenuhi. Permasalahan tersebut dapat ditangani dengan cara memberikan pelatihan serta pembukaan lapangan pekerjaan agar mereka dapat mandiri dan tidak lagi tinggal di pengungsian
Improving the Quality of Public Services through Bureaucratic Reformation: Human Right Perspectives
Get PDFThis 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.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
Legal Protection for Disabilities Persons with Language Limitations in Law Enforcement
Get PDFThe Indonesian government has enacted various regulations aimed at protecting individuals with disabilities, yet significant gaps persist in their implementation. Discrimination against people with disabilities, particularly those with language impairments, remains prevalent, especially within the legal system. This study employs a sociolegal approach to examine the challenges faced by disabled individuals with language limitations in accessing legal protection. Key aspects analyzed include existing regulatory frameworks for disability protection, case studies of legal decisions involving disabilities, the handling of legal proceedings, challenges encountered by stakeholders in legal cases, and the impact of limited access to sign language and legal knowledge. The research reveals that individuals with hearing impairments often struggle to exercise their rights to assistance from sign language interpreters during legal proceedings. This deficiency is primarily attributed to a lack of awareness and understanding among various stakeholders regarding the specific needs of people with hearing impairments. Furthermore, the effectiveness of law enforcement processes for disabled individuals is hindered by regional variations in sign language, the existence of informal or non-standardized sign languages, and the limited proficiency of law enforcement personnel in communicating with and accommodating individuals with disabilities. In conclusion, the study underscores the urgent need for improved implementation of existing disability rights regulations in Indonesia, particularly within the legal context. Addressing these challenges requires enhancing awareness and training among legal professionals and stakeholders, ensuring consistent access to qualified sign language interpreters, and promoting standardized approaches to accommodating individuals with disabilities in legal proceedings. By bridging these gaps, Indonesia can move closer to fulfilling its commitment to upholding the rights and dignity of all individuals, including those with disabilities, within its legal system
Analysis to The Policy of Delaying The Execution of Those Sentenced to Death is a Violation of Human Rights
Get PDFHuman rights are basic rights of the human being that exist and are a gift of Almighty God. Human rights are also natural rights that therefore cannot be revoked by other human beings. Indonesia is one of the countries that still apply the death penalty in its positive law where the unlawful acts are considered an extraordinary crime that endangers the lives of the nation and the State. The discourse of Indonesia as a country that has the philosophy of Pancasila until now can cause pro and con problems, because there are still many among legal experts and human rights activists as well as the public who question it because of differences and views, among others. The statement of the problem in this scientific paper is “How is the policy related to the death penalty in human rights seen from the current positive legal regulations?†The method used in this study is a normative juridical method. Seeing so many convicts with sentenced to death who have not been executed, it can be said that the State has committed human rights crimes (against convicts with sentenced to death), because they have served the sentence for the 2nd (second) time, namely the Imprisonment and Death Penalty. The implementation of Restorative Justice is possible to be executed as a legal breakthrough, where it becomes a solution to avoid human rights violations that can occur within the time of the delay of the death penalty. The National Commission for Human Rights (the Komnas HAM) as a representative of the Government is expected to be more aggressive in protection efforts