Seminar Nasional - Kota Ramah Hak Asasi Manusia

Penunjukan Kepala Daerah oleh Presiden dalam Perspektif Demokrasi

Baharuddin Riqiey Riqiey — Fri, 29 Dec 2023 00:00:00 +0000

A regional head leads each region. Regional heads include Governors, Regents, and Mayors. In the process, regional head elections must be carried out or elected democratically. The meaning of being elected democratically is that you can be elected directly by the people or can be elected by the DPRD. However, in 2022, the Constitutional Court has combined the election regime with the regional election regime, so the implication is that regional elections must be carried out by election principles, one of which is the direct principle. However, Article 10 paragraph (2) of the Draft Bill on the Special Region of Jakarta states that "the Governor and Deputy Governor are appointed, appointed and dismissed by the President taking into account the proposals or opinions of the DPRD". So, this research aims to find out whether the appointment of regional heads by the President is by democratic principles. The research method used in this research is legal research using statutory, conceptual, and case approaches. The results of this research show that the appointment of regional heads by the President is not by democratic principles, this is because: (i) it is not by the essence of democracy; (ii) not by the mandate of the 1945 Constitution of the Republic of Indonesia which states that sovereignty is in the hands of the people; and (iii) is not by the Constitutional Court Decision.
Keywords: regional head; president; democracy.

Perusakan Masjid Ahmadiyah di Sintang Sebagai Diskriminasi Kebebasan Beragama

Nurma Chrismawantika Herlambang, Rizqullah Rafif Ananda — Fri, 29 Dec 2023 00:00:00 +0000

On September 3, 2021, the Miftahul Huda Mosque in Balai Harapan Village, Tempunak District, Sintang Regency, West Kalimantan was vandalized by a mob on behalf of an alliance of Muslims. This incident has caused widespread public concern, because it is a form of violation of human rights (HAM). The aim of this document is to examine the human rights breaches that transpired during the incident involving the demolition of the Ahmadiyah Mosque in Sintang. The research method used is statutory approach. Derived from the research findings, it is evident that human rights infractions transpired in this instance, specifically: Breach of the entitlement to freedom of religion and belief, as the mob responsible for the mosque destruction belonged to a faction dissenting with the tenets of Ahmadiyah. The incident involving the demolition of the Ahmadiyah Mosque in Sintang constitutes a grave infringement of human rights. The government and authorities responsible for upholding the law must implement measures to avert comparable instances of human rights transgressions in the future.

Pelanggaran Hak Asasi Manusia dalam Peristiwa Kanjuruhan

Eunike Emmanuela Berhitoe, Alif Djangkung Djiwandana — Fri, 29 Dec 2023 00:00:00 +0000

ABSTRACT

The Kanjuruhan tragedy that occurred on November 2, 2022, is a violation of Human Rights (HR) that resulted in the deaths of 135 people. The excessive use of tear gas is one of the seven HR violations that occurred. Criminal offenses also took place during the Kanjuruhan tragedy. Therefore, comprehensive law enforcement is crucial, especially in holding accountable those responsible for the deaths. The 45 instances of tear gas shootings indicate that authorities must take responsibility for prosecuting those involved in the wrongful acts. The dissemination of recordings through the mass media serves as concrete evidence of the HR violations that occurred at that time. Violations of the right to health, with many casualties injured, and violations of the sense of security due to the absence of designating the match as high-risk, further emphasize the urgency of law enforcement. Violations of children's rights, with the number of child victims reaching 38, as well as the disregard of business entities for basic HR principles, are important aspects that require legal implementation in addressing them.

Keywords: Criminal Acts, Human Rights, Law

Dampak Aktivitas PertambanganLapindo Sidoarjo terhadap Hak Asasi Manusia

Nabila Alya Ramadhini, Serly Marselina — Fri, 29 Dec 2023 00:00:00 +0000

The Lapindo mud disaster in Sidoarjo Regency in 2006 has had a significant impact on the region, involving social, economic and environmental aspects. These impacts include changes in settlement patterns, restrictions on land for housing, disruption of access to public facilities, and disruption of community social ties. In addition, the economic sector was affected by damage to infrastructure and changes to the regional landscape. Unresolved social and economic issues include uninhabitable settlement conditions and environmental impacts, such as methane gas odor and water pollution. Sustainable policy strategies, focusing on economic sustainability, environmental impacts and social aspects, are needed to mitigate these negative impacts. The author also highlights the injustices felt by affected residents, including licensing controversies, spatial policy inconsistencies, and the use of different terms between the government and the community. The method of writing this article uses a statutory approach, analyzing the rules and regulations related to Lapindo's mining activities. Human rights remedies involve preventive and repressive measures, including disaster mitigation, sustainable economic development and regulatory redress. In concluding, the research highlights the complexities and challenges faced by Sidoarjo Regency in responding to and addressing the impacts of the Lapindo mud disaster and proposes a holistic and sustainable approach to addressing these challenges.

Tanggung Jawab Sosial PT Freeport Indonesia di Tinjau dari Perspektif Hak Asasi Manusia

Idad Rais Mustopa, Maychellina Maychellina — Fri, 29 Dec 2023 00:00:00 +0000

Environmental Social Responsibility (TJLS) is the company's responsibility for the social and environmental impacts generated by its operational activities. Companies that are obliged to carry out social and environmental responsibility are companies that carry out business activities in the field of and/or related to natural resources. This research analyzes the Social Responsibility of PT Freeport Indonesia, which is engaged in mining, in the context of human rights. Through a qualitative and case study approach, this research explores corporate social responsibility practices and their impact on human rights. The results provide an in-depth understanding of PT Freeport Indonesia's engagement in human rights and its implications for various stakeholders. The findings form the basis for recommendations to improve or enhance corporate social responsibility, contributing to the understanding of similar corporate practices and inclusive sustainable development. The purpose of this research is to find out how the application of corporate social responsibility in the context of human rights in Indonesia. this research uses normative juridical research methods with a statutory approach and conceptual approach.

Pelanggaran Hak Asasi Manusia pada peristiwa Dukun Santet di Kabupaten Banyuwangi

Fri, 29 Dec 2023 00:00:00 +0000

This research was inspired by the 1998 Witch Massacre in Banyuwangi, which was a human rights violation. When the central government faced many problems, starting from the era of New Order oligarchic reform, the government needed to divert attention to other areas. From capitalism to democracy. In this study, we will analyze the motives behind the brutal human rights violations that led to the witch massacre. The aim of this research is to find out how the government as the dominant political party applies various social regulations to dominant groups in society. This research uses normative legal research techniques. In normative legal research, written law is studied from various aspects such as theory, philosophy, comparison, structure/composition, consistency, general explanation and explanation of each article, formality and binding force of a law and the language used is legal language. Based on an analysis of human rights violations during the massacre of witch doctors in Banyuwangi in 1998, the government is playing around with this diversion issue. Political instability forces people to accept problems in order to divert attention from the riots in the capital, but this does not work as it should. Lack of public understanding regarding human rights violations.

Keywords : Human rights violations, Banyuwangi 1998, New Order

Penyiksaan Tenaga Kerja Indonesia di Luar Negeri dalam Hak Asasi Manusia

Lysa Revienda Defianti, Siti Badriyah — Fri, 29 Dec 2023 00:00:00 +0000

The primary objective of this study is to investigate and assess instances of torture inflicted upon migrant workers, examining how the Indonesian government provides legal safeguards for its citizens working overseas within the framework of both national and international laws. The research employs a normative juridical approach. Findings reveal that Indonesian workers frequently endure abusive treatment from their employers or superiors. Advancements in technology have facilitated the dissemination of such cases through social media, bringing them to the attention of the broader public. To address the protection of migrant workers, the UN General Assembly endorsed Resolution No. 45/158 in New York on December 18, 1990, leading to the establishment of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. The predicament of migrant workers abroad is a pressing concern for the Indonesian government, aligning with its commitment to safeguard the entire nation. The presence of an Indonesian legal framework and legal entities abroad plays a crucial role in supporting the protection of migrant workers. Indonesia is actively striving to implement these protective measures, focusing on both international and national legal provisions.

Analisa terhadap Perlindungan Hukum bagi Kaum Etnis Rohingya dalam Perspektif Hak Asasi Manusia

Chika Erlina Sugiarto, Adhitya Arum Dananjaya — Fri, 29 Dec 2023 00:00:00 +0000

The occurrence of human rights violations against the Rohingya ethnic group in Myanmar has drawn international attention. The Rohingya, who have been living in Myanmar for several generations, have not received justice from the Myanmar government. Various human rights violations have occurred, contradicting international legal instruments. Based on discussions, it is evident that under international law, the legal protection for the Rohingya is outlined in various international instruments such as the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights of 1966, the International Covenant on Economic, Social and Cultural Rights, the Genocide Convention, the International Convention Against Torture, the International Convention on the Elimination of All Forms of Racial Discrimination of 1965, the Convention on the Elimination of All Forms of Discrimination Against Women, the Convention on the Rights of the Child, and the Convention Relating to the Status of Refugees. Furthermore, the resolution of severe human rights violations against the Rohingya in Myanmar, based on Article 33 of the UN Charter, suggests that the Rohingya ethnic group, the government of Myanmar, and the citizens of Myanmar can address the issues through mediation first. If this approach proves unsuccessful, the UN Security Council can refer the case to international adjudication, such as the International Criminal Court established by the Rome Statute of 1998. The type of research used is normative legal research or normative juridical research.

Keywords: Rohingya Ethnicity, Human Rights, Legal Protection

Perlindungan Kebebasan Beragama Dalam Perspektif Hak Asasi Manusia.docx

Zidny Alfian Barik, Friski Amelia Sari — Fri, 29 Dec 2023 00:00:00 +0000

Freedom of religion or in choosing and adhering to beliefs is part of human rights, so every citizen has the right to practice his religion freely where this right is expressly protected and regulated by the "UUD NKRI 1945". Every human being has been given the right to practice and believe in the religion of his choice. The Freedom of Religion Act serves as a framework of guidelines by which to protect the whole of society from acts of prejudice, religiously motivated violence, exploitation, and restrictions on state involvement in religion. So thus, no one can be the target of coercion which will limit his ability to follow or choose a religion for a belief he chooses. The freedom of every citizen to practice the religion or belief of his choice has been guaranteed by the state. However, in order for the state (government) to respect, protect, uphold, and promote human rights and maintain security and order, health, or social decency, it is necessary to regulate freedom of religion or belief. The existence of obstacles and obstacles in the freedom of religion or belief can lie in the lack of the state in enforcing laws and provisions in the life of religious people. This of course can happen because there are various religions among people, and there are dominant groups within a nation state that commit acts of violation, namely blocking or limiting the freedom of religion and belief against another group. This research will use a normative juridical method and use a qualitative approach, namely by collecting some information related to the problem for this research.

Penyimpangan Pasal 8 PKPU Nomor 10 Tahun 2023 terhadap Keterwakilan Perempuan

Jhos Franklin Kemit, Bunga Kharisma Octafiana — Fri, 29 Dec 2023 00:00:00 +0000

Keywords: regional head; president; democracy.

Potret Suram terhadap Penanganan Pelanggaran Hak Asasi Manusia Paniai

Muhamad Secha aulia, Jodhy kurnianto Jodhy kurnianto — Fri, 29 Dec 2023 00:00:00 +0000

Human Rights itself is a right that is obtained and owned by every human being since he was born into the world as a gift that has been given by God. With these rights humans should be able to develop and achieve goals in carrying out a life in this world. In this case, each individual and as well as the state, have a role in their own duties towards the implementation of human rights. The state has a responsibility towards the obligation to ensure that human rights themselves have a role for every society, namely in getting respect, protection, fulfillment and promotion. The large number of cases of human rights violations that have occurred in Indonesia, of course, has led to increased attention being paid to the handling of these cases. In Indonesia, the handling of cases of human rights violations has been fought for since the reform era. Various kinds of good efforts are being made by the government, even in community organizations and also non-governmental organizations, even though in reality the results are still very far from what the Indonesian people have hoped for. Various kinds of efforts to protect human rights are being initiated and have started to run until now. As for the government, it should be stricter to the perpetrators of these violations. One of the cases of human rights violations that occurred in Indonesia is the case of violations that occurred in the Papua region, namely Paniai. In order to defend and maintain the integrity of the Unitary State of the Republic of Indonesia, the Indonesian government has issued various policies.

Dampak Kasus Penembakan Warga dalam Tragedi Seruyan

Bagus Prasetyo Santoso, Gaung Agung Rachmatullah — Fri, 29 Dec 2023 00:00:00 +0000

ABSTRACT

The tragedy of shooting people in Seruyan, Central Kalimantan, has had a significant impact. This tragic incident has raised fear and worry among the community, as well as causing deep psychological trauma. Apart from that, this tragedy has also sparked public anger and protests against gun violence and the protection of civilians. The social impact was also felt, with the emergence of divisions and tensions between residents. It is hoped that the local government can immediately take concrete steps to reconcile the community and ensure their security. Economically, this tragedy also has serious impacts. Economic activity in the area was disrupted, both in terms of trade and tourism. Investment and local economic development may also be hampered by the uncertainty and tensions created by this tragic incident. Thus, the tragedy of shooting residents in Seruyan has a multidimensional impact that requires a comprehensive response from various parties.

keywords: Seruyan Tragedy, Resident Shooting, Multidimensional Impact.

Analisa Dampak Tragedi Kanjuruhan terhadap Keluarga Korban Ditinjau dari Prespektif Hak Asasi Manusia

Tunjung Muning, Muhammad Fikri Fahrudin — Fri, 29 Dec 2023 00:00:00 +0000

This study aims to determine the impact of tragedy kanjuruhan on the families of victims.This topic is interesting to study because of the impact arising from the Kanjuruhan tragedy and the fulfillment of rights for victims that must be fulfilled.The research method used in this study is normative juridical Law Research (legal research).While the approach used in this study is a statutory approach (statute aprroach) and case approach (case approach). The legal materials used are primary legal materials and secondary legal materials.The result of this study is that the Kanjuruhan tragedy has had a traumatic impact and a very deep loss for the victim's family.Therefore, the entire family of the victim filed a demand for restitution to the perpetrators of the tragedy.The goal of this lawsuit is to achieve a balanced recovery, both physically and mentally for victims and families who have experienced loss. Therefore, in the perspective of criminal law, PT LIB must be responsible for providing restitution to the families of the victims of the Kanjuruhan tragedy.

Tinjauan Hukum terhadap Diskriminasi Agama dalam Tempat Tinggal Berbasis Agama di Indonesia

Jordan Abisha Siregar, Rhido Hendriyanna Widagdo — Fri, 29 Dec 2023 00:00:00 +0000

This research provides an in-depth legal review of the issue of religious discrimination within the context of religious-based housing in Indonesia. Focusing on the concept of segregation and access to religion-based housing, the study aims to identify issues related to discrimination in the pursuit of housing associated with religious beliefs. A normative legal analysis method is employed to examine the existing legal foundations, including legislation, regulations, and practices concerning legal protection for individuals or groups subjected to discrimination. The findings illustrate the complexity of religious discrimination issues in religious-based housing and demonstrate that the concept of segregation plays a pivotal role in determining access to housing for religious minorities in Indonesia. The analysis also considers the effectiveness and implementation of available legal protections in addressing cases of religious discrimination.The outcomes of this research provide a deeper understanding of the legal challenges faced by individuals or groups experiencing religious discrimination in seeking housing. The implications underscore the necessity for stronger law enforcement, inclusive policies, and public education to create a fair housing environment, free from religious-based discrimination, and grounded in the principles of human rights.

Dinamika Hak Kebebasan Berpendapat dalam Platform Sosial Media Ditinjau dalam Perspektif Hukum dan HAM

Ariana Herawati, Tuti Hutagalung — Fri, 29 Dec 2023 00:00:00 +0000

The development of science in the era of globalization is growing increasingly rapidly, especially in the fields of technology and information. With the presence of the internet, there are many facilities that make everyday life easier. With the internet, our lives today have shifted to a virtual world that is mostly online. Social media is a platform where we can create and share on social networks. The emergence of social media serves to increase connectivity, accessibility and visibility. The presence of social media adds new ideas for business people to develop their business through social media. However, on social media now many people misunderstand freedom of opinion as being able to do whatever they want as long as it is within the context of their opinion. So gradually freedom of opinion on social media is often misused, giving rise to legal problems on social media or commonly known as cyber crime.

Kekerasan dan Penyerangan Warga di Taman Sari dalam Perspektif HAM

Elysa Dwi Meilina, Kristoforus Laga Kleden — Fri, 29 Dec 2023 00:00:00 +0000

ABSTRACT

Violence and assault are crimes that are spread globally, with a significant increase every year. This crime knows no age or gender boundaries, negatively impacting the physical, mental and emotional health of victims. Apart from that, violence and attacks are also violations of Human Rights (HAM). Incidents of violence and attacks on residents in Taman Sari reflect an increase in violence that is detrimental to the basic rights of individuals in the neighborhood. This research aims to analyze the case from a human rights perspective, identify the violations that occurred, and assess the legal response taken. The scope of research includes the psychological, physical and social impacts on victims, as well as the sustainability of legal responses to perpetrators. It is hoped that the research results will contribute to improving human rights protection for the population and emphasize the urgency of applying fair laws in similar situations. This research uses normative methods to analyze violent incidents in Taman Sari, with a qualitative approach and literature study to identify related legal aspects. The findings show indications of human rights violations by an unknown group of people, allegedly related to the PT Sartonia Agung row house project. These attacks resulted in physical damage to residents and human rights defenders, as well as verbal sexual harassment. This incident adds to the list of attacks on human rights defenders and paralegals, highlighting the importance of law enforcement and human rights protection in the context of evictions and land conflicts in Indonesia

Keywords: Violence, Attack, Human Rights.

Penyelesaian Hukum terhadap Tindakan Spoiller Film di Media Sosial Berdasarkan Undang-Undang Nomor 28 Tahun 2014 tentang Hak Cipta

Andi Ricard P.C, Frans Simangunsong — Fri, 29 Dec 2023 00:00:00 +0000

This research examines the phenomenon of film "spoilers" on social media and its legal implications in the context of copyright in Indonesia. "Spoilers" refer to the dissemination of crucial information or plot details of a film without permission, which can adversely affect the viewing experience for others. The objective of this study is to identify whether film "spoilers" on social media constitute copyright infringement and to explore effective legal measures to address this issue based on the Copyright Law Number 28 of 2014.

Aksesibilitas Transportasi Umum Bagi Penyandang Disabilitas Berdasarkan Hukum Positif di Indonesia

Putri Karina Rachmayanti — Fri, 29 Dec 2023 00:00:00 +0000

Accessibility is closely related to public transportation, namely it is a means of advancing the economic welfare of society, creating and increasing economic status, and is also a precursor sector to other sectors. Therefore, people with disabilities also have the right to receive the same services in public transportation as an effort to realize equality, equality of citizens and increase the role of people with disabilities. This research aims to analyze the accessibility of public transportation for people with disabilities in Indonesia. This research uses a type of normative research which is legal research which aims to find legal rules, legal principles and various legal doctrines that are useful for answering and providing explanations regarding issues. the law at hand.