Suchergebnisse

This paper presents the need for a human rights policy approach to eliminate climate injustice, especially in clean water. Also, the relationship between climate injustice with the right to health on the issue of clean water has been studied. In addition, a qualitative method based on library research and the decision on water cases has been presented. The main finding is that Indonesian policy regarding climate is still in the framework of programs and notions. Still, it is not yet established as a national policy with human rights approach. The article also shows that although the right to clean water does not explicitly write as a single definition, the core instruments of international human rights law oblige the government to protect, fulfill and promote the water right. In Indonesia, a water right is programmatic and regulated in economic models, but not from a right-based and public interest perspective. The right to health regarding the access, availability, and quality of water in Indonesia is not yet fulfilled under Indonesian human rights' obligation as a member of the International Covenant on Economic, Social, and Cultural Rights.

The criminalization of the use of cannabis also leads to the limitation of access to medicine and research to explore the benefit of drug choices related to cannabis substances. this article explores the negative consequences of Indonesian criminalization policy towards cannabis use in Indonesian drug law against human rights and to what extent the human rights regime should prevail over the war on drug narrative. The research uses the qualitative method with library research, laws and statutes analyses on cannabis personal use or policy on medical cannabis.

Woman and children are the most vulnerable groups that should be protected under the law and policies. However, in the practices level, those groups are being ignored and to some extend the law and policies are created to deprive their rights. The violence as well as the limitation of rights has leaded women and children to face multi layers of violence. Indonesia government and legislative are processing the draft of Indonesian Penal Code (Rancangan Kitab Undang-Undang Hukum Pidana-RKUHP). Under the draft of the Penal Code, there are some articles that should be scrutinize in order to ensure that the right of women and children will be protected and not being eliminated. Therefore, this article aims to elaborate what is the issue in Indonesia Penal Code draft that should be taken into consideration and what should be done in order to create more proper formulation of the law that protect women and children rights. The method that has been used is a literarure review and normarive approach with human rights perspective.

Indonesia recognizes the grounds of pardon in criminal law as stipulated in Article 44 of the Criminal Code (KUHP). One of the conditions that may be subjected to grounds of pardon is when the perpetrator of a criminal act is a person with a mental disorder, including schizophrenia. The consequence of this situation is that the perpetrator of a criminal act must be declared irresponsible for his actions and released from all criminal charges. However, in practice, the panel of judges would find the defendant with schizophrenia remain guilty since the judge would disregard the medical records or statements from psychiatric experts as evidence at trial. This article analyzes 2 Supreme Court Decisions, namely Supreme Court Decision No. 46 PK/Pid.Sus/2010 and Decision No. 94-K/PM.II-09/AD/V/2016. This research uses a normative juridical method. This research discusses the implementation of criminal sentences for persons with schizophrenia by confronting between field practices that remain sentencing persons with schizophrenia. Legal protections that able to be carried out by the state include terminating the prosecution, utilizing psychiatrists' statements as the basis for decisions, and deciding on defendants with acquittal decisions which in practice are not often found. This research concludes that legal protection for people with schizophrenia in Indonesia stays incongruent with the principles of criminal law and violates the principle of protecting the rights of the defendant. Law enforcement officials are remaining disregarding Article 44 of the Criminal Code by continuing to sentence, even executing people with schizophrenia who commit criminal acts even though there is a statement from a psychiatrist as valid evidence.

Human rights protection must be carried out without any form of discrimination. However, this is contrary to what happened to the sexual minority group (LGBTQIA+), especially for this matter, transwomen. Transwomen are seen as something different, something bad, immoral and the negative stigma from society is attached to every individual who is part of the group. In interviews conducted with several transwomen, discrimination against their group in various forms seems to be normalized even though, both internationally and nationally, legal protection and human rights of transwomen are guaranteed in every Declaration and International Human Rights Convention ratified by Indonesia, as well as set out in instruments national human rights laws such as the 1945 Constitution, Law no. 39 of 1999, and other human rights regulations. The research intends to explore the legal protection of discrimination against sexual minority groups (transwomen) in DKI Jakarta from a human rights perspective. When all are treated equally, discrimination should not occur. As long as there are no legal provisions that specifically regulate transwomen groups, their human rights should be guaranteed as human beings who have rights and dignity over themselves. This research is using the empiric juridical method through interviews and focus group discussion with the community or participants from transwomen and sexual minorities groups in Jakarta.

Human trafficking is a violation that destroys human's honor and dignity. Every year the number of victims of human trafficking is soaring, LPSK states that in 2021 there will be 210 victims of human trafficking, with details of male victims as many as 75 persons, while women amounting to 135 persons. Several things cause human trafficking, one of which is the lack of legal protection for the victims, prevention of women trafficking that is not properly implementated, and lack of education which causes loss of legal morals and responsibility to protect people, especially who are vurnerable. In addition to the above, there is also a lack of public understanding and knowledge on human trafficking issues, despite since 2007 since the Criminal Act of Trafficking in Persons No. 21 of 2007 was established. Another cause is due to economic demands, demands for survival among the poor or marginalized group, and on the other hand there is a desire to earn large incomes in an easy and fast way. In national and international law, human trafficking is one of the most common violations of the law, especially for women and children's victims. Human trafficking is very detrimental not only materially or immaterially but also to the protection of the poor and younger generations who are the main targets of human trafficking. This research will apply the normative juridical method from various sources of law and legislation to review the two issues of this research, namely (1) describing how the law is enforced against traffickers, and (2) analyzing the government's role in overcoming the recovery of victims of women trafficking. Preliminary research result shows that legal protection for victims of women trafficking is far from maximum. This will then be investigated further regarding regulations that will help enforce laws against trafficked women, as well as the extent of government support to assist the recovery of victims of women trafficking.

The Trisakti Semanggi I and II (TSS) occurred in 1998 and 1999 during the reformation movement towards democracy upholding in Indonesia. Several students and people have been killed and injured in those days. The National Commission on Human Rights (KOMNAS HAM) has investigated the case and concluded that the case has a gross human rights violation aspect. The documents have reached the General Attorney of the Republic of Indonesia. However, there are obstacles faced by the victims and their families, the legal debate on whether the TSS can be classified as a gross violation of human rights or not. The Attorney General stated this doubt in their meeting with the Indonesian House of Representatives. The government's political will has been examined through the Indonesian Constitution in this matter. This article explores the burden of sufficient proof to conclude the gross human rights violation in the TSS case. Under the thorough independent investigation done by KPP HAM, the Trisakti Semanggi I and II (TSS) fulfills the elements of past gross violation of human rights known as a crime against humanity. The TSS case has met elements ruled under the ICTY and ICTR Statute 14, such as Article 7 of the Rome Statute 15. The article will also provide current discourse in a legal argument between national institutions regarding the case and what should be done afterward. The research uses a qualitative method with case studies related to the crimes against humanity at the national and international levels.

Human trafficking is a violation that destroys human's honor and dignity. Every year the number of victims of human trafficking is soaring, LPSK states that in 2021 there will be 210 victims of human trafficking, with details of male victims as many as 75 persons, while women amounting to 135 persons. Several things cause human trafficking, one of which is the lack of legal protection for the victims, prevention of women trafficking that is not properly implementated, and lack of education which causes loss of legal morals and responsibility to protect people, especially who are vurnerable. In addition to the above, there is also a lack of public understanding and knowledge on human trafficking issues, despite since 2007 since the Criminal Act of Trafficking in Persons No. 21 of 2007 was established. Another cause is due to economic demands, demands for survival among the poor or marginalized group, and on the other hand there is a desire to earn large incomes in an easy and fast way. In national and international law, human trafficking is one of the most common violations of the law, especially for women and children's victims. Human trafficking is very detrimental not only materially or immaterially but also to the protection of the poor and younger generations who are the main targets of human trafficking. This research will apply the normative juridical method from various sources of law and legislation to review the two issues of this research, namely (1) describing how the law is enforced against traffickers, and (2) analyzing the government's role in overcoming the recovery of victims of women trafficking. Preliminary research result shows that legal protection for victims of women trafficking is far from maximum. This will then be investigated further regarding regulations that will help enforce laws against trafficked women, as well as the extent of government support to assist the recovery of victims of women trafficking.

The Trisakti Semanggi I and II (TSS) occurred in 1998 and 1999 during the reformation movement towards democracy upholding in Indonesia. Several students and people have been killed and injured in those days. The National Commission on Human Rights (KOMNAS HAM) has investigated the case and concluded that the case has a gross human rights violation aspect. The documents have reached the General Attorney of the Republic of Indonesia. However, there are obstacles faced by the victims and their families, the legal debate on whether the TSS can be classified as a gross violation of human rights or not. The Attorney General stated this doubt in their meeting with the Indonesian House of Representatives. The government's political will has been examined through the Indonesian Constitution in this matter. This article explores the burden of sufficient proof to conclude the gross human rights violation in the TSS case. Under the thorough independent investigation done by KPP HAM, the Trisakti Semanggi I and II (TSS) fulfills the elements of past gross violation of human rights known as a crime against humanity. The TSS case has met elements ruled under the ICTY and ICTR Statute 14, such as Article 7 of the Rome Statute 15. The article will also provide current discourse in a legal argument between national institutions regarding the case and what should be done afterward. The research uses a qualitative method with case studies related to the crimes against humanity at the national and international levels.

The current development and reform in society and government at the local and national levels have made customary law less strict than before. These developments influence also the inheritances law based on customary law. Inheritance disputes or their unequal distributions impacted the marginalization of certain groups, such as women or girls. There has been a shift in the opinion among society regarding women's inequality related to access to inheritance. Several developments of the notion of gender equality have been and are being stipulated in laws and regulations. The gender dimension interacts with other social values in society, and it is related to the social structure as a whole. This research aims to shed a light on the dynamics of customary inheritance law in terms of women's inheritance rights with the perspective of gender equality in Klungkung, Bali. The issues that will be explored are related to the inheritance law focusing on access to civil rights, i.e. women's inheritance rights, after the Decision of Bali MUDP Number 01/Kep/Psm-3/MDP Bali/X/2010 and the Supreme Court Jurisprudence Number 3/Yur/Pdt/2018 was issued. This study was conducted through juridical and sociological methods. From the sociological perspective of gender based on the critical paradigm, the power relations based on gender and social reality among women and men can be analyzed. The gender relations according to the sociological analysis are not only the social relations among women and men but also the power relations in social life. Primary data was collected using interviews and observations in 3 (three) sub-districts in Klungkung, Bali, and secondary data was obtained through a literature review of gender and customary inheritance law.

The current development and reform in society and government at the local and national levels have made customary law less strict than before. These developments influence also the inheritances law based on customary law. Inheritance disputes or their unequal distributions impacted the marginalization of certain groups, such as women or girls. There has been a shift in the opinion among society regarding women's inequality related to access to inheritance. Several developments of the notion of gender equality have been and are being stipulated in laws and regulations. The gender dimension interacts with other social values in society, and it is related to the social structure as a whole. This research aims to shed a light on the dynamics of customary inheritance law in terms of women's inheritance rights with the perspective of gender equality in Klungkung, Bali. The issues that will be explored are related to the inheritance law focusing on access to civil rights, i.e. women's inheritance rights, after the Decision of Bali MUDP Number 01/Kep/Psm-3/MDP Bali/X/2010 and the Supreme Court Jurisprudence Number 3/Yur/Pdt/2018 was issued. This study was conducted through juridical and sociological methods. From the sociological perspective of gender based on the critical paradigm, the power relations based on gender and social reality among women and men can be analyzed. The gender relations according to the sociological analysis are not only the social relations among women and men but also the power relations in social life. Primary data was collected using interviews and observations in 3 (three) sub-districts in Klungkung, Bali, and secondary data was obtained through a literature review of gender and customary inheritance law.