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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 37 Documents
When Human Rights are not Enough Kurniawan, Joeni
Journal of Southeast Asian Human Rights Vol 2 No 1 (2018)
Publisher : Jember University Press Online Journal

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

Abstract

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.
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 Online Journal

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

Abstract

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)
Publisher : Jember University Press Online Journal

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 Online Journal

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

Abstract

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)
Publisher : Jember University Press Online Journal

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
Can Human Rights and Indigenous Spirituality Prevail over State-Corporatism? A Narrative of Ecological and Cultural Rights Violation from East Kalimantan, Indonesia Buana, Mirza Satria
Journal of Southeast Asian Human Rights Vol 1 No 1 (2017): June 2017
Publisher : Jember University Press Online Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jseahr.v1i1.5282

Abstract

This article examines both theoretical and empirical discussion on strategies to overcome state-corporatism and developmentalism practices in East Kalimantan, Indonesia. State-corporatism is the term used to describe a political condition when a state has a strong linkage to organized groups. Developmentalism is an over-arching concept to describe a strong tendency of a state to maximize economics growths through investment, while disregarding people’s fundamental rights. East Kalimantan Province is selected because it is highly known as one of the enournous amount of natural resources found within among other provinces in Indonesia. However, the richness of this province has become a curse of its people due to massive destructions of natural resources. This paper seeks to analyse in what way human rights’ principles and indigenous spirituality can lessen the negative effects of ‘development’ projects sustained by state-corporatism. This article contemplates what strategies that can be executed to diminish state-corporatism effects in East Kalimantan, particularly in two important districts: Regency of Kutai Kartanegara and Bontang Municipality. This article argues that the indigenous spirituality is a key to battle state-corporatism’s influences. Indigenous spirituality as forum internum is still a potential tool of advocacy.  By capitalizing the role of shamans, indigenous peoples might still have opportunities to reclaim and defend their cultural rights.
Democracy through Election Armia, Muhammad Siddiq
Journal of Southeast Asian Human Rights Vol 2 No 1 (2018)
Publisher : Jember University Press Online Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jseahr.v2i1.5333

Abstract

After amendment the 1945 Constitution, Indonesia has adopted election mechanism to implement a value of democracy. Unfortunately, the regulations as a main tool have not completely covered all of election issues. It follows that the election legal systems have only been prepared for the post-election dispute instead of the pre-election dispute. This case happened in the province of Aceh. On one hand Aceh has its own law regarding the autonomy province, on the other hands, Aceh must coexist the national law as well. However, both Aceh’s law and national’s law does not clearly provide the mechanism of handling the pre-election dispute among the regulations. This implies that the provincial election cannot be implemented as long as does not have legal certainty. In the provincial level have suggested making a new bylaw focusing on the local election only, nevertheless, central government have strongly rejected this idea.
Volume 1 Issue 2 Elvina Putri, Silvia Laurent
Journal of Southeast Asian Human Rights Vol 1 No 2 (2017): December 2017
Publisher : Jember University Press Online Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jseahr.v1i2.7903

Abstract

Cultural Preservation and Inclusion for the Ifugao People Jocson, Ellisiah Uy
Journal of Southeast Asian Human Rights Vol 2 No 2 (2018): December 2018
Publisher : Jember University Press Online Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jseahr.v2i2.8232

Abstract

This study seeks to offer insight into the paradox between two ideologies that are currently being promoted in society and identify the relationship of both towards the indigenous community of the Ifugao in the Philippines. Inclusion is a growing trend in many areas such as education, business and development. However, there is ambiguity in terms of educating and promoting inclusion for indigenous groups, particularly in the Philippines. Mandates to promote cultural preservation also present limits to the ability of the indigenous people to partake in the cultures of mainstream society. The people of the Ifugao, together with other indigenous tribes in the Philippines, are at a state of disadvantage particularly due to the discrepancies between the rights that they receive relative to the more urbanized areas of the country. The divided vantages from the desire to preserve their culture and to become inclusive in delivering equal rights and services seems to present a rift and a dilemma on which ideology to promulgate. Apart from the imbalances, the stand of the Ifugao regarding this matter is unclear, particularly if they observe and follow a central principle. Given the notions of inclusion to accommodate everyone regardless of “race, gender, disability, ethnicity, social class, and religion, it is highly imperative to provide clarity to this issue, and identify what actions to take regarding them. The study aims to understand how they are perceived, implemented and integrated and shall look for manifestations in three areas of the Ifugao, namely the Lamut, Lagawe, and Banaue. The study uses a qualitative-case study design, obtaining data through a review of documents and policies, interviews and observations in order to identify the current status of both ideologies in terms of implementation, integration and acceptance for the Ifugao people in the Philippines.
The Qanun Jinayat Discriminates Against Women (Victims of Rape) in Aceh, Indonesia Fadlia, Faradilla; Ramadani, Ismar
Journal of Southeast Asian Human Rights Vol 2 No 2 (2018): December 2018
Publisher : Jember University Press Online Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jseahr.v2i2.8358

Abstract

This paper seeks to see how the Qanun Jinayah discriminates against women who are victims of rape. In Qanun Jinayah in article 52, paragraph 1, explain that the victim of rape must include evidence at the time of report. The Qanun Jinayah clearly makes a double burden on the victims where women victims of rape must present evidence and witnesses. Whereas in the criminal law (KUHP), evidence and witnesses are the responsibility of the investigator. This study seeks to see how the discriminatory impacts experienced by victims (women) after the Qanun Jinayah is implemented. Furthermore, this paper uses qualitative method with in-depth interview. The hypothesis of this paper is that Qanun Jinayah has discriminated against women especially the victims of rape and this allows the occurrence of injustice and violation of human rights.  

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