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Jurnal HAM
ISSN 1693-8704 · Badan Strategi Kebijakan Hukum dan Hak Asasi Manusia · 200 articles in the index
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Journal Article
Menciptakan Musuh Imajiner: Penolakan Pengungsi Rohingya di Aceh
Penolakan terhadap pengungsi Rohingya di Aceh pada akhir tahun 2023 memunculkan berbagai narasi negatif yang membentuk citra buruk terhadap kelompok pengungsi tersebut di mata publik. Kajian ini berargumen bahwa penolakan terhadap pengungsi Rohingya terjadi karena adanya gambaran keberadaan mereka…
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Journal Article
Integrating Human Rights and Biosecurity in International Law: Toward a Holistic Framework
Article 12 of the International Covenant on Economic, Social, and Cultural Rights (ICESCR) states the right to health as a fundamental human right. It emphasizes that healthcare should be available, accessible, acceptable, and of high quality for all individualsThe COVID-19 pandemic broadened the…
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The Legitimacy of Nationality Deprivation under International Human Rights Law: A Case Study on Nicaragua
The right to nationality is a fundamental prerequisite for accessing other human rights, yet its arbitrary deprivation remains a critical concern under international law. This study examines Nicaragua's Laws No. 1055 and 1145, which authorize the revocation of citizenship based on an expanded and…
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Journal Article
Social Welfare Policy for Marriage Migrants and Their Families in the Republic of Korea
To ensure the safe settlement of marriage migrants and their families within the Republic of Korea's distinct multicultural context, it is essential to adopt both a rights-based and universal welfare approach to foster genuine inclusion. However, the current social welfare policy for marriage…
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Journal Article
Communicating Disability Rights: Disability and Parent Perspectives
Indonesians with disabilities experience socio-cultural problems that result in disparities in disability rights fulfilment, particularly in accessing equal education and healthcare. In response to such problems, disability activism has been undertaken, and nowadays is increasingly mediated by…
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Journal Article
Prejudice, Politics, and Islamophobia: How Hatred Reshapes Democratic Societies
In the past few years, there has been an extensive rise in Islamophobia-related cases in Western democratic countries. This study, through the lens of prejudice theory, explores the factors that have increased pervasive hatred toward Muslim community, due to social fragmentation, political…
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Journal Article
Pemidanaan terhadap Perbedaan Pemahaman: Analisis Hak Asasi Manusia atas Perkara Penodaan Agama di Indonesia
Hak untuk berbeda penafsiran atas ajaran agama arus utama di Indonesia dapat berujung pada pemidanaan. Praktiknya, hakim kerap mengandalkan keterangan ahli untuk mendapatkan keyakinan bahwa "mereka yang berbeda" telah melakukan tindak pidana penodaan agama. Metode penelitian yang digunakan dalam…
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Journal Article
Rethinking Consent: Examining the Adequacy of the Concept of Consent in Digital Platform Agreements under Indonesian Civil Code
Consent is often considered a concrete representation of an individual's will to freely choose independently. It is associated with the concept of individual autonomy, which is underpinned by the right to make one's own choices and freedom from coercion. However, in practice, consent within…
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Journal Article
‘Living Together’ or Freedom of Religion and Belief: Ban on Face Covers by European States
Many European States introduced general or specific bans on face covers and religious symbols in public schools, universities and public places. The ban on religious symbols and face covers in public places and educational institutions has escalated the tensions, disbelief and mistrust between…
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Journal Article
Towards a Non-Discriminatory Artificial Intelligence in Healthcare: Ensuring Equal Access and Utilization for Rural and Underdeveloped Areas
The enjoyment of the highest attainable standard of health is one of the fundamental human rights. Artificial Intelligence (AI) is a ground-breaking innovation with huge potential to accelerate multisectoral progress, including in healthcare. Yet, its reliance on data availability, governance…
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Journal Article
Breaking the Chains of Statelessness: Addressing the Human Rights Challenges Facing Hill Tribes in Thailand
This paper examines the issue of statelessness and its impact on the hill tribes of northern Thailand, a mix of ethnic groups populating the Thai, Myanmar, and Laos borderlands who are facing significant challenges in accessing basic human rights due to their lack of Thai citizenship. The paper…
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Journal Article
Moral Offenses Under Indonesian Criminal Code 2023 in Perspective of Religious Minority
Indonesia, a nation celebrated for its rich diversity of ethnicities and religions, embodies a societal pluralism that deeply influences perceptions of morality and acceptable behaviour. The enactment of the 2023 Criminal Code reflects these complexities, particularly in its use of "moral policing"…
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Journal Article
The Marginalized Communities of Malaysians of Indonesian Descent: Impact of Limited Access towards Tertiary Education
Education is one of the crucial elements needed in order to create a better nation. However, in reality, access to education is not equally accessible to all children regardless of their background. Specifically, the case of children of Indonesian immigrants in Malaysia has been impacted, as the…
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Journal Article
Philosophical Foundation of Human Rights According to Höffe and Lohmann
This article aims to philosophically justify the universality and the existence of human rights. Historically, the concept of human rights has evolved according to the context in which human rights are lived. One of the themes of debate is how human rights are justified or validated and how they…
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Journal Article
A Tale of ‘Orang-Orang Angkat Pasir’ in the Bird’s Head Peninsula: Informality in Sorong’s Edge
The term "mining" carries a sensitive connotation for the sand lifters on the margins of Sorong City, West Papua, who prefer to identify themselves as "orang-orang angkat pasir" (sand lifters). Their labor involves extracting sand from rivers and clearing hillsides—often through deforestation—to…
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Journal Article
Peace and Human Rights in Sri Lanka: The Struggle for Marginalised Communities to Advocate for Justice
Peace and human rights serve as a check on the dominant or majoritarian culture. An absence of human rights is conducive to weak democratic forms, unequal social and political relations, marginalisation, oppression and, in some cases, criminalisation of communities. Such a scenario can be found in…
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Journal Article
Asserting the Right to New Cities: Farmers’ (re)claiming Space in New Clark City
New cities, often designed as development strategies, cause dispossession, displacement, and disruption of everyday lives of local communities. To further explore the effects of new cities and urban development in the Global South, this study explores the realities of farmers whose homes and…
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Journal Article
The Continuous Precarious Situation of the Refugees and Migrant Workers in Malaysia Post-COVID-19
The COVID-19 pandemic positioned the global population in a conundrum state and the most vulnerable were the refugees and migrant workers. It is a common narrative for governments and the people to treat them indifferently because of their illegal status thus creating a xenophobic environment…
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Journal Article
Remission of sentences and the constitutionality of life imprisonment in Seychelles
Section 30 of the Seychelles Prisons Act provides that the sentences of all prisoners, except those sentenced to life imprisonment or convicted of drug-related offenses of an aggravated nature, can be remitted. Section 31 of the Prisons Act empowers the Superintendent of Prisons to grant a prisoner…
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Journal Article
Identifying Challenges to the Equal Realization of Human Rights for Individuals with Psychosocial Disability in Nepal
Nepal is currently facing a severe mental health crisis characterized by a significant prevalence of mental illness that remains largely unaddressed. The issue is exacerbated by pervasive social stigma, lack of awareness, and insufficient political commitment, pushing mental health to the bottom of…