Jurnal HAM Pub Date : 2023-04-30 DOI: 10.30641/ham.2023.14.1-16

Enggar Wijayanto

{"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}

引用次数: 0

Reduksi Hak Partisipasi publik Pada Aturan Analisis Mengenai Dampak Lingkungan untuk Perizinan Berusaha di Indonesia: Perspektif Green Constitution 印度尼西亚《绿色宪法》视角:绿色宪法观点

Jurnal HAM Pub Date : 2023-04-30 DOI: 10.30641/ham.2023.14.17-40

A. Supriyadi

{"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}

引用次数: 0

Isomorfisme Institusional LPSK dalam Penegakan Hak Rehabilitasi Psikososial Korban Tindak Pidana di Indonesia 在印度尼西亚建立犯罪心理受害者的社会康复权利方面，职业分离主义是一种机构

Jurnal HAM Pub Date : 2023-04-30 DOI: 10.30641/ham.2023.14.39-54

Mahari Is Subangun, Sudarsono Harjosoekarto

{"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}

引用次数: 0

Gross Human Rights Violations Research Trend: A Bibliometric Analysis and Future of Research Agenda 严重侵犯人权研究趋势:文献计量学分析与未来研究议程

Jurnal HAM Pub Date : 2023-04-30 DOI: 10.30641/ham.2023.14.69-90

Iwan Santoso, Murtir Jeddawi, Yana Sahyana, Romli Arsyad, Alma'arif Alma'arif

{"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}

引用次数: 0

Transwomen in Pandemic: Rights, Access and Exclusion 大流行病中的跨性别妇女:权利、机会和排斥

Jurnal HAM Pub Date : 2023-04-30 DOI: 10.30641/ham.2023.14.55-68

M. Wahyu, A. Bakar, M. Tajuddin

{"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}

引用次数: 0

The Social Construction of Transgender in Jember Regency After the Jember Fashion Carnival Event: A Human Rights Perspective Jember时尚狂欢后Jember摄政中跨性别者的社会建构:人权视角

Jurnal HAM Pub Date : 2023-04-30 DOI: 10.30641/ham.2023.14.91-104

Muhammad Aenur Rosyid, Syamsul Anam

{"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}

引用次数: 0

Urgensi Penghormatan Otonomi dan Hak Menerima Informasi Vaksinasi Covid-19 dalam Konteks Kewajiban Vaksinasi 在接种疫苗的义务的情况下，自主荣誉和接受Covid-19疫苗接种信息的权利的紧迫性

Jurnal HAM Pub Date : 2022-12-22 DOI: 10.30641/ham.2022.13.445-458

Ervin Dyah Ayu Masita Dewi

引用次数: 0

A Critical Analysis of the Indonesian Human Rights Action Plan 1998-2020 对1998-2020年印度尼西亚人权行动计划的批判性分析

Jurnal HAM Pub Date : 2022-12-22 DOI: 10.30641/ham.2022.13.519-538

Majda El Muhtaj

引用次数: 3

Urgensi Tata Ruang Berbasis Mitigasi Bencana Likuifaksi: Hak Asasi Masyarakat Kabupaten Jember 基于减轻派系灾的空间规划当务之急

Jurnal HAM Pub Date : 2022-12-22 DOI: 10.30641/ham.2022.13.383-400

M. Zulfikri, Eddy Mulyono, M. Ulum

引用次数: 1

Revisiting Legal and Ethical Challenges in Fulfilling Human Right to Clean Air in Indonesia 重新审视在印度尼西亚实现清洁空气人权的法律和道德挑战

Jurnal HAM Pub Date : 2022-12-22 DOI: 10.30641/ham.2022.13.557-580

Detania Sukarja, Barran Hamzah Nasution

{"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}

引用次数: 0

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