Pub Date : 2023-04-30DOI: 10.30641/ham.2023.14.1-16
Enggar Wijayanto
The high suicide rate in Gunungkidul is quite high, causing the Regional Head to issue Regent Regulation Number 56/2018 as a policy to deal with suicide cases. This step is a concrete manifestation of dealing with and preventing massive suicides systematically. The average number, which reaches 20 to 30 cases every year, shows that suicide is no longer an individual problem, but has become a social-human tragedy. This research will discuss how the implementation of suicide prevention policies, as the role of the state in protecting the constitutional rights of citizens in the field of mental health, through an interdisciplinary approach as an integrated perspective to see the purpose of the law. This research is included in empirical research and uses a socio-legal approach. Data collection is obtained through primary data, including interviews, observations, documentation, and secondary data through the study of related literature. The results showed that in terms of effectiveness, the suicide prevention policy has not run optimally based on the comparison of suicide rates before and after the policy was enacted. Influencing factors include apparatus coordination, facilities, and social support. Besides that, the pandemic situation also has an effect. Conceptually and practically, the suicide prevention policy is an effort to uphold citizens' constitutional rights by strengthening the mental health aspects of the community by integrating formal and informal social control to achieve effective law according to its goals.
{"title":"Konstitusionalitas Hak Kesehatan Jiwa Warga Negara: Studi Kebijakan Penanggulangan Bunuh Diri di Kabupaten Gunungkidul","authors":"Enggar Wijayanto","doi":"10.30641/ham.2023.14.1-16","DOIUrl":"https://doi.org/10.30641/ham.2023.14.1-16","url":null,"abstract":"The high suicide rate in Gunungkidul is quite high, causing the Regional Head to issue Regent Regulation Number 56/2018 as a policy to deal with suicide cases. This step is a concrete manifestation of dealing with and preventing massive suicides systematically. The average number, which reaches 20 to 30 cases every year, shows that suicide is no longer an individual problem, but has become a social-human tragedy. This research will discuss how the implementation of suicide prevention policies, as the role of the state in protecting the constitutional rights of citizens in the field of mental health, through an interdisciplinary approach as an integrated perspective to see the purpose of the law. This research is included in empirical research and uses a socio-legal approach. Data collection is obtained through primary data, including interviews, observations, documentation, and secondary data through the study of related literature. The results showed that in terms of effectiveness, the suicide prevention policy has not run optimally based on the comparison of suicide rates before and after the policy was enacted. Influencing factors include apparatus coordination, facilities, and social support. Besides that, the pandemic situation also has an effect. Conceptually and practically, the suicide prevention policy is an effort to uphold citizens' constitutional rights by strengthening the mental health aspects of the community by integrating formal and informal social control to achieve effective law according to its goals.","PeriodicalId":342655,"journal":{"name":"Jurnal HAM","volume":"56 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121427987","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-04-30DOI: 10.30641/ham.2023.14.17-40
A. Supriyadi
The green constitution concept in the Indonesian Constitution is the legal fundamental basis for environmental protection in implementing the national economy through public participation. The rationale for "public participation" as part of the rights of the International Covenant on Civil and Political Rights needs to be examined in Government Regulation instead of Law No. 2 of 2023 concerning Job Creation, passed into a legal act. This writing aims to analyze the components of public participation rights that the job creation act can potentially reduce, especially the provisions on the Environmental Impact Assessment (EIA) in enforcing the green constitution. This research is conducted based on normative legal research methods with statutory and conceptual approaches. The results of this research show that the rules for involving the community in preparing the EIA in the Job Creation Act differ from the green constitution principles in 2 (two) aspects. First, the limitation on community involvement in the Job Creation Act is potentially unconstitutional with the essence of the green constitution and the 1945 Constitution, which guarantees the right of public participation in the environmental field. Second, in the green constitution, the urgency of aspirations for public participation can become a consideration for making more transparent decisions in implementing an economy based on sustainable development. Restrictions on community involvement reduce the concept of a green constitution and potentially reduce the transparency in the granting of business permits in Indonesia which cannot mitigate the risk of environmental losses due to economic exploitation.
{"title":"Reduksi Hak Partisipasi publik Pada Aturan Analisis Mengenai Dampak Lingkungan untuk Perizinan Berusaha di Indonesia: Perspektif Green Constitution","authors":"A. Supriyadi","doi":"10.30641/ham.2023.14.17-40","DOIUrl":"https://doi.org/10.30641/ham.2023.14.17-40","url":null,"abstract":"The green constitution concept in the Indonesian Constitution is the legal fundamental basis for environmental protection in implementing the national economy through public participation. The rationale for \"public participation\" as part of the rights of the International Covenant on Civil and Political Rights needs to be examined in Government Regulation instead of Law No. 2 of 2023 concerning Job Creation, passed into a legal act. This writing aims to analyze the components of public participation rights that the job creation act can potentially reduce, especially the provisions on the Environmental Impact Assessment (EIA) in enforcing the green constitution. This research is conducted based on normative legal research methods with statutory and conceptual approaches. The results of this research show that the rules for involving the community in preparing the EIA in the Job Creation Act differ from the green constitution principles in 2 (two) aspects. First, the limitation on community involvement in the Job Creation Act is potentially unconstitutional with the essence of the green constitution and the 1945 Constitution, which guarantees the right of public participation in the environmental field. Second, in the green constitution, the urgency of aspirations for public participation can become a consideration for making more transparent decisions in implementing an economy based on sustainable development. Restrictions on community involvement reduce the concept of a green constitution and potentially reduce the transparency in the granting of business permits in Indonesia which cannot mitigate the risk of environmental losses due to economic exploitation.","PeriodicalId":342655,"journal":{"name":"Jurnal HAM","volume":"14 6","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120809693","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-04-30DOI: 10.30641/ham.2023.14.39-54
Mahari Is Subangun, Sudarsono Harjosoekarto
This study explains how isomorphism develops in the Indonesian Witness and Victim Protection Agency (Lembaga Perlindungan Saksi dan Korban-LPSK) and contributes to stronger coordination among institutions in administering psychological services for crime victims in Indonesia. This study employs an organizational sociology approach with an isomorphism perspective to determine the robustness of institutions' roles and relationships in providing psychosocial care to crime victims. Using the Soft Systems Methodology (SSM) in conjunction with Textual Network Analysis (TNA), this study discovered that coercive isomorphism in government organizations is the primary driving factor behind mimetic and normative isomorphism, whereas stereotyped isomorphism drives the private sector. Isomorphism emerges to give psychosocial services to victims of criminal crimes, namely as a result of reinforcement from Law Number 31 of 2014 on the Protection of Witnesses and Victims. This reinforcement prompted mimetic isomorphism in many forms of cooperation, and as a result, normatively, it is feasible to claim that LPSK has evolved into a professional institution in delivering psychological rights services to victims of criminal crimes. Furthermore, this study makes recommendations on the role of state institutions and cooperative institutions in satisfying the rights of crime victims in Indonesia, particularly psychosocial assistance.
本研究解释了印度尼西亚证人和受害者保护机构(Lembaga Perlindungan Saksi dan Korban-LPSK)的同构性是如何发展的，并有助于加强印度尼西亚为犯罪受害者提供心理服务的机构之间的协调。本研究采用组织社会学的方法，从同构的角度来确定机构在为犯罪受害者提供社会心理护理方面的角色和关系的稳健性。本研究使用软系统方法论(SSM)结合文本网络分析(TNA)，发现政府组织中的强制性同构是模仿和规范同构背后的主要驱动因素，而刻板同构则驱动私营部门。同质化的出现是为了向刑事犯罪受害者提供心理社会服务，这是2014年关于保护证人和受害者的第31号法律加强的结果。这种强化促进了许多合作形式的模仿同构，因此，从规范上讲，可以认为LPSK已经发展成为向刑事犯罪受害者提供心理权利服务的专业机构。此外，本研究还就国家机构和合作机构在满足印度尼西亚犯罪受害者的权利，特别是心理社会援助方面的作用提出了建议。
{"title":"Isomorfisme Institusional LPSK dalam Penegakan Hak Rehabilitasi Psikososial Korban Tindak Pidana di Indonesia","authors":"Mahari Is Subangun, Sudarsono Harjosoekarto","doi":"10.30641/ham.2023.14.39-54","DOIUrl":"https://doi.org/10.30641/ham.2023.14.39-54","url":null,"abstract":"This study explains how isomorphism develops in the Indonesian Witness and Victim Protection Agency (Lembaga Perlindungan Saksi dan Korban-LPSK) and contributes to stronger coordination among institutions in administering psychological services for crime victims in Indonesia. This study employs an organizational sociology approach with an isomorphism perspective to determine the robustness of institutions' roles and relationships in providing psychosocial care to crime victims. Using the Soft Systems Methodology (SSM) in conjunction with Textual Network Analysis (TNA), this study discovered that coercive isomorphism in government organizations is the primary driving factor behind mimetic and normative isomorphism, whereas stereotyped isomorphism drives the private sector. Isomorphism emerges to give psychosocial services to victims of criminal crimes, namely as a result of reinforcement from Law Number 31 of 2014 on the Protection of Witnesses and Victims. This reinforcement prompted mimetic isomorphism in many forms of cooperation, and as a result, normatively, it is feasible to claim that LPSK has evolved into a professional institution in delivering psychological rights services to victims of criminal crimes. Furthermore, this study makes recommendations on the role of state institutions and cooperative institutions in satisfying the rights of crime victims in Indonesia, particularly psychosocial assistance.","PeriodicalId":342655,"journal":{"name":"Jurnal HAM","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128848812","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-04-30DOI: 10.30641/ham.2023.14.69-90
Iwan Santoso, Murtir Jeddawi, Yana Sahyana, Romli Arsyad, Alma'arif Alma'arif
This study aims to analyze research trends related to human rights, identify countries, organizations, and authors who contribute significantly to the aforementioned research. Furthermore, this paper identifies related articles that strongly influence these scientific publications. VosViewer collects data from Scopus Database Journal and analyzes it using bibliometric analysis. As a result of the study, the United States has the highest number of publications. Furthermore, the Department of Epidemiology at the Johns Hopkins Bloomberg School of Public Health in Baltimore, Maryland, is the organization that has focused the most attention and influence on the issue of resolving gross human rights violations. Aside from that, Professor C. Beyrer of the United States is the most prolific and influential researcher on the topic of resolving gross human rights violations. Bibliometric analysis and content analysis show that the trend of resolving gross human rights violations in several countries since 2015 has been more toward resolution with non-judicial mechanisms. However, the results of the research show that several relevant articles do not provide a clear definition of gross human rights violations. Therefore, further research from other databases, such as the Web of Science, is required.
本研究旨在分析与人权相关的研究趋势，找出对上述研究有重大贡献的国家、组织和作者。此外，本文还确定了对这些科学出版物产生强烈影响的相关文章。VosViewer从Scopus数据库期刊中收集数据，并使用文献计量学分析进行分析。这项研究的结果是，美国的出版物数量最多。此外，位于马里兰州巴尔的摩的约翰霍普金斯大学布隆伯格公共卫生学院流行病学系是对解决严重侵犯人权问题给予最多关注和影响的组织。除此之外，在解决严重侵犯人权问题方面，美国的C. Beyrer教授是最多产和最有影响力的研究人员。文献计量分析和内容分析表明，自2015年以来，一些国家解决严重侵犯人权行为的趋势更多地倾向于通过非司法机制解决。然而，研究结果表明，若干有关条款没有对严重侵犯人权行为作出明确定义。因此，需要从其他数据库(如Web of Science)中进行进一步的研究。
{"title":"Gross Human Rights Violations Research Trend: A Bibliometric Analysis and Future of Research Agenda","authors":"Iwan Santoso, Murtir Jeddawi, Yana Sahyana, Romli Arsyad, Alma'arif Alma'arif","doi":"10.30641/ham.2023.14.69-90","DOIUrl":"https://doi.org/10.30641/ham.2023.14.69-90","url":null,"abstract":"This study aims to analyze research trends related to human rights, identify countries, organizations, and authors who contribute significantly to the aforementioned research. Furthermore, this paper identifies related articles that strongly influence these scientific publications. VosViewer collects data from Scopus Database Journal and analyzes it using bibliometric analysis. As a result of the study, the United States has the highest number of publications. Furthermore, the Department of Epidemiology at the Johns Hopkins Bloomberg School of Public Health in Baltimore, Maryland, is the organization that has focused the most attention and influence on the issue of resolving gross human rights violations. Aside from that, Professor C. Beyrer of the United States is the most prolific and influential researcher on the topic of resolving gross human rights violations. Bibliometric analysis and content analysis show that the trend of resolving gross human rights violations in several countries since 2015 has been more toward resolution with non-judicial mechanisms. However, the results of the research show that several relevant articles do not provide a clear definition of gross human rights violations. Therefore, further research from other databases, such as the Web of Science, is required.","PeriodicalId":342655,"journal":{"name":"Jurnal HAM","volume":"123 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129352233","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-04-30DOI: 10.30641/ham.2023.14.55-68
M. Wahyu, A. Bakar, M. Tajuddin
Transwomen must contend with the fact that the state-mandated emergency status during a pandemic does not always make it easier for them to get essential services. This is especially noticeable during times of emergency when people's movement is restricted. The homo sacer idea proposed by Agamben is used in this article to define persons who are on the brink of protection for life. This circumstance is the result of a state of emergency, which is declared by the government as a justification for a crisis that has escalated into a pretext for violence and arbitrary action. The qualitative study methodology we employ explains how the state marginalized transwomen during the Covid-19 outbreak and how transwomen advocacy organizations are attempting to advance their causes. The study's overall finding is that transwomen are seen as homo sacer by the state, which has consequences for their ability to exercise their fundamental rights to healthcare and social support during the COVID-19 pandemic. We claim that the country's institutional apparatuses' unwillingness to incorporate transgender women in the Integrated Social Welfare Data (DTKS) demonstrates the existence of transgender exclusion symptoms. Transwomen must build networks with various non-governmental organizations and advocate for their own interests in order to fight for their rights. This is true for both transwomen without ID cards and those who do not receive social assistance.
{"title":"Transwomen in Pandemic: Rights, Access and Exclusion","authors":"M. Wahyu, A. Bakar, M. Tajuddin","doi":"10.30641/ham.2023.14.55-68","DOIUrl":"https://doi.org/10.30641/ham.2023.14.55-68","url":null,"abstract":"Transwomen must contend with the fact that the state-mandated emergency status during a pandemic does not always make it easier for them to get essential services. This is especially noticeable during times of emergency when people's movement is restricted. The homo sacer idea proposed by Agamben is used in this article to define persons who are on the brink of protection for life. This circumstance is the result of a state of emergency, which is declared by the government as a justification for a crisis that has escalated into a pretext for violence and arbitrary action. The qualitative study methodology we employ explains how the state marginalized transwomen during the Covid-19 outbreak and how transwomen advocacy organizations are attempting to advance their causes. The study's overall finding is that transwomen are seen as homo sacer by the state, which has consequences for their ability to exercise their fundamental rights to healthcare and social support during the COVID-19 pandemic. We claim that the country's institutional apparatuses' unwillingness to incorporate transgender women in the Integrated Social Welfare Data (DTKS) demonstrates the existence of transgender exclusion symptoms. Transwomen must build networks with various non-governmental organizations and advocate for their own interests in order to fight for their rights. This is true for both transwomen without ID cards and those who do not receive social assistance.","PeriodicalId":342655,"journal":{"name":"Jurnal HAM","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121513617","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-04-30DOI: 10.30641/ham.2023.14.91-104
Muhammad Aenur Rosyid, Syamsul Anam
The issue of discrimination and negative stigmatization of transgender people in the Jember Regency is considered an obstacle to the freedom of expression for every individual. This study aims to analyze the views of the people of the Jember Regency in regard to transgender women’s right to freedom of expression after the Jember Fashion Carnival event. This research utilizes an empirical juridical research method with sociological approach and legal approaches. The results of this study indicate that the community's social construction of the rights of transgender expression after the Jember Fashion Carnival event is demonstrated through the community's appreciation of the transgender people’s works at the event and the provision of space for their expression to develop creativity. Although the government of Jember Regency has not implemented specific policies to protect the rights of transgender people in expressing themselves and developing their potential, the government and residents of Jember have recognized the transgender community as citizens with equal rights and positions to express themselves and contribute to the progress of Jember Regency.
{"title":"The Social Construction of Transgender in Jember Regency After the Jember Fashion Carnival Event: A Human Rights Perspective","authors":"Muhammad Aenur Rosyid, Syamsul Anam","doi":"10.30641/ham.2023.14.91-104","DOIUrl":"https://doi.org/10.30641/ham.2023.14.91-104","url":null,"abstract":"The issue of discrimination and negative stigmatization of transgender people in the Jember Regency is considered an obstacle to the freedom of expression for every individual. This study aims to analyze the views of the people of the Jember Regency in regard to transgender women’s right to freedom of expression after the Jember Fashion Carnival event. This research utilizes an empirical juridical research method with sociological approach and legal approaches. The results of this study indicate that the community's social construction of the rights of transgender expression after the Jember Fashion Carnival event is demonstrated through the community's appreciation of the transgender people’s works at the event and the provision of space for their expression to develop creativity. Although the government of Jember Regency has not implemented specific policies to protect the rights of transgender people in expressing themselves and developing their potential, the government and residents of Jember have recognized the transgender community as citizens with equal rights and positions to express themselves and contribute to the progress of Jember Regency.","PeriodicalId":342655,"journal":{"name":"Jurnal HAM","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128397593","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-12-22DOI: 10.30641/ham.2022.13.445-458
Ervin Dyah Ayu Masita Dewi
{"title":"Urgensi Penghormatan Otonomi dan Hak Menerima Informasi Vaksinasi Covid-19 dalam Konteks Kewajiban Vaksinasi","authors":"Ervin Dyah Ayu Masita Dewi","doi":"10.30641/ham.2022.13.445-458","DOIUrl":"https://doi.org/10.30641/ham.2022.13.445-458","url":null,"abstract":"","PeriodicalId":342655,"journal":{"name":"Jurnal HAM","volume":"87 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115146082","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-12-22DOI: 10.30641/ham.2022.13.519-538
Majda El Muhtaj
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.
本文分析了1998-2020年印尼改革时期国家人权行动计划(NHRAP)或Rencana Aksi Nasional Hak Asasi Manusia (Ranham)的产生和发展。Ranham是公认的国家战略政策文件，它描述并解释了;1)国家如何将人权原则和规范纳入其政策，2)如何衡量其显著成就。在改革开放的20年里，印尼历任政府都采用并实施了《总统条例》规定的《拉纳姆法》。1993年维也纳宣言和行动纲领(VDPA)提出并授权了Ranham。直到最近，包括印度尼西亚在内的70多个国家制定了Ranham。本文发现，改革时期兰纳姆的政策反映了国家对人权议程的承诺。然而，缺乏对人权的概念化仍然阻碍着国家人权制度的发展和加强。
{"title":"A Critical Analysis of the Indonesian Human Rights Action Plan 1998-2020","authors":"Majda El Muhtaj","doi":"10.30641/ham.2022.13.519-538","DOIUrl":"https://doi.org/10.30641/ham.2022.13.519-538","url":null,"abstract":"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.","PeriodicalId":342655,"journal":{"name":"Jurnal HAM","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125769112","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-12-22DOI: 10.30641/ham.2022.13.383-400
M. Zulfikri, Eddy Mulyono, M. Ulum
Potensi likuifaksi tinggi di Kabupaten Jember berpotensi memakan korban dan kerugian yang akan mengganggu aspek kehidupan sebagaimana yang dialami Provinsi Sulawesi Tengah 2018. Perlu upaya mitigasi bencana yang melihat ulang sejauhmana penataan ruang dan pembangunan di Kabupaten Jember memperhatikan kerentanan likuifaksi. Sebab kerentanan wilayah sendiri merupakan pertimbangan penataan ruang dan pembangunan. Arikel ini bertujuan membahas sejauh mana pentingnya penataan ruang berbasis mitigasi likuifaksi di Jember ditinjau dari segi regulasi, dampak, dan kaitannya dengan pemenuhan hak asasi masyarakat Jember. Metode yang digunakan adalah sosio-legal. Tulisan ini menegaskan bahwa regulasi atas tempat tinggal yang layak dan aman dari bencana likuifaksi di Jember masih minim. Disamping itu, Perda RTRW dan RPJMD juga belum menjadikan likuifaksi bagian dari bencana di Jember. Namun, urgensi pengaturan likuifaksi ini sebetulnya tidak hanya mengenai penataan ruang berbasis mitigasi bencana tetapi juga pemenuhan HAM korban likuifaksi, sehingga pemerintah wajib mengaturnya sekalipun tidak ada peraturan khusus di tingkat nasional ataupun lokal.
{"title":"Urgensi Tata Ruang Berbasis Mitigasi Bencana Likuifaksi: Hak Asasi Masyarakat Kabupaten Jember","authors":"M. Zulfikri, Eddy Mulyono, M. Ulum","doi":"10.30641/ham.2022.13.383-400","DOIUrl":"https://doi.org/10.30641/ham.2022.13.383-400","url":null,"abstract":"Potensi likuifaksi tinggi di Kabupaten Jember berpotensi memakan korban dan kerugian yang akan mengganggu aspek kehidupan sebagaimana yang dialami Provinsi Sulawesi Tengah 2018. Perlu upaya mitigasi bencana yang melihat ulang sejauhmana penataan ruang dan pembangunan di Kabupaten Jember memperhatikan kerentanan likuifaksi. Sebab kerentanan wilayah sendiri merupakan pertimbangan penataan ruang dan pembangunan. Arikel ini bertujuan membahas sejauh mana pentingnya penataan ruang berbasis mitigasi likuifaksi di Jember ditinjau dari segi regulasi, dampak, dan kaitannya dengan pemenuhan hak asasi masyarakat Jember. Metode yang digunakan adalah sosio-legal. Tulisan ini menegaskan bahwa regulasi atas tempat tinggal yang layak dan aman dari bencana likuifaksi di Jember masih minim. Disamping itu, Perda RTRW dan RPJMD juga belum menjadikan likuifaksi bagian dari bencana di Jember. Namun, urgensi pengaturan likuifaksi ini sebetulnya tidak hanya mengenai penataan ruang berbasis mitigasi bencana tetapi juga pemenuhan HAM korban likuifaksi, sehingga pemerintah wajib mengaturnya sekalipun tidak ada peraturan khusus di tingkat nasional ataupun lokal.","PeriodicalId":342655,"journal":{"name":"Jurnal HAM","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130262751","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-12-22DOI: 10.30641/ham.2022.13.557-580
Detania Sukarja, Barran Hamzah Nasution
Pro-investment and development government policies to achieve people’s welfare can potentially violate human right to clean air through business activities that contribute to air pollution. In Jakarta, this condition led to a public lawsuit against the central and regional governments, who were considered liable for the air pollution and harm suffered by the community. This study reviews the concept of the right to clean air as a human right and analyzes the legal and ethical challenges in fulfilling human right to clean air in Indonesia. The discussion includes the relationship between business and human rights, the concept of clean air as a human right and a review of the legal framework to enforce liability and accommodate legal remedies and the private initiatives to drive and implement more responsible choices to reduce air pollution. The method used in this study was a literature study with data analyzed qualitatively. The paper concludes that people’s right to clean air is a fundamental human right. The fulfillment of human right to clean air can be driven by state’s power to impose regulation and the implementation of ethical and responsible business activities by corporations. The government needs to strengthen regulations related to air pollution control and business legal compliance, notably strengthening applicable air quality standards in accordance with evidence-based, internationally recognized standards to protect public health. Similarly, corporations should act as “moral agents” who apply ethical behaviors in their business activities to minimize air pollution.
{"title":"Revisiting Legal and Ethical Challenges in Fulfilling Human Right to Clean Air in Indonesia","authors":"Detania Sukarja, Barran Hamzah Nasution","doi":"10.30641/ham.2022.13.557-580","DOIUrl":"https://doi.org/10.30641/ham.2022.13.557-580","url":null,"abstract":"Pro-investment and development government policies to achieve people’s welfare can potentially violate human right to clean air through business activities that contribute to air pollution. In Jakarta, this condition led to a public lawsuit against the central and regional governments, who were considered liable for the air pollution and harm suffered by the community. This study reviews the concept of the right to clean air as a human right and analyzes the legal and ethical challenges in fulfilling human right to clean air in Indonesia. The discussion includes the relationship between business and human rights, the concept of clean air as a human right and a review of the legal framework to enforce liability and accommodate legal remedies and the private initiatives to drive and implement more responsible choices to reduce air pollution. The method used in this study was a literature study with data analyzed qualitatively. The paper concludes that people’s right to clean air is a fundamental human right. The fulfillment of human right to clean air can be driven by state’s power to impose regulation and the implementation of ethical and responsible business activities by corporations. The government needs to strengthen regulations related to air pollution control and business legal compliance, notably strengthening applicable air quality standards in accordance with evidence-based, internationally recognized standards to protect public health. Similarly, corporations should act as “moral agents” who apply ethical behaviors in their business activities to minimize air pollution.","PeriodicalId":342655,"journal":{"name":"Jurnal HAM","volume":"31 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133084923","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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