Journal of Southeast Asian Human Rights
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    138 research outputs found

    Portraying the Multitudes: Representation of Identities of Sexual Minorities on Indonesia-Based Feminist Web Magazine Magdalene.co: Representation of Identities of Sexual Minorities on Indonesia-Based Feminist Web Magazine Magdalene.co

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    Abstract This paper aims to interrogate the representation of identities of sexual minorities, also known as LGBTQ (Lesbian, Gay, Bisexual, Trans, Queer), on Magdalene.co, an Indonesia-based feminist web magazine which provides a slanted guide to women and issues and offers and engages with fresh perspectives beyond traditional gender and cultural confines. The representation of sexual minorities is observed through a selection of six published articles written by editorial members and from contributors’ submissions, varying in age, gender, self-identification as sexual minorities, and degree of anonymity. The articles are analysed via discourse analysis, primarily based on discourse theory by Ernesto Laclau and Chantal Mouffe. Also, incorporated into the analysis are Adrienne Rich’s theory of politics of location to look at bodies of sexual minorities, and Gilbert Herdt’s(2009) concept of sexual panic to look at the increasing religious-conservatism in Indonesia in contrast to the sexuality of sexual minorities. Through this research, I aim to examine the ways in which the representation of sexual minorities in the media opens a space of resistance against heteronormative public discourse

    Can Human Rights and Indigenous Spirituality Prevail over State-Corporatism? A Narrative of Ecological and Cultural Rights Violation from East Kalimantan, Indonesia: An Activist Perspective

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    oai:jurnal.unej.ac.id:article/5282This 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

    The Role of Indonesian CSOs in Increasing the Understanding of Disabled Issues in the Indonesian Criminal Justice System

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    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 “disabledâ€. 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?â

    Legal System for Endorsing Press Independency in Indonesia

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    Political transition of post Soeharto's authoritarian regime has been deeply influenced by a decentralised model of governance, which affected to more serious attacks to the journalism works. The extra-judicial killing, physical violence, criminalising against journalism, and other attacks through formal judicial process or other forms, included impunity system, have shown uneasy situation for journalist at field or members of the press to perform journalistic works. Violence against journalists at field in decentralised Indonesia has been more influenced by the role of political-economy contestation at the local level, rather than the influence of situation and policies at national level. The law enforcement to protect journalist at works seems easily deniable and disregarded due to law system itself that does not give significance effect. The court has been used to collapsing media, silencing opposition, retaliating, and terrorising journalism works. My research shows that the most targeted medias for ULAP (unjustifiable lawsuits against press) or criminalisation have been connected to its reliability, professionalism journalistic or high quality of news. On the other side, impunity has prevailed and become a dominant situation that is not merely caused by ‘external media’ factors, but also showed an ‘internal media’ factors. Avoiding the judiciary becomes phenomena that does not always relate to distrust over the judicial system, but more on a ‘forced situation’. In my presentation, I will show how this situation articulates a new configuration of political imperium which combines of free press and dominant ownership over media, plus illiberal democracy which legally allows and lets predatory system to be supreme class in the governance and other state institutions. &nbsp

    Human Rights in Southeast Asia: Are We Moving Backward?

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    Many challenges exist regarding the discourse over human rights in South East Asia due to the complex relationship between the region’s myriad cultures, laws, religions and political desires. This socio-political environment produces a number of varying, and often contradictory, interpretations of human rights, as well as differing opinions on how they should be implemented. On one hand, some countries in Southeast Asia have internalized international human rights instruments by amending their constitutions in order to provide a semblance of protection for their citizen’s human rights. On the other hand, some countries still operate under authoritarian regimes and continue to violate certain internationally recognized rights for the sake of preserving political stability and economic development. Proponents of such regimes often claim that this is done to maintain both societal and religious harmony. Therefore, the effort to address human rights issues in Southeast Asia must expand beyond the international legal sphere and take into account the intricate relationships and power struggles between the region’s various economic interests, social and cultural norms, and religions. Furthermore, the successful implementation of human rights law in Southeast Asia will require a number of obligations and checks be imposed on the state governments in the region. The specific means by which to promote human rights in South East Asia, and how to reconcile diverging options on the definition and scope of said rights, was the theme of the 2nd Annual Conference of the Centre for Human Rights, Multiculturalism and Migration (CHRM2) and Indonesian Consortium for Human Rights Lecturers (SEPAHAM Indonesia), held in August, 2017, at the University of Jember. This article is a summary of the major points and topics covered during the two day conference

    Breaking New Ground In Human Rights Protection: Proposing An Inverted Triangular Approach Through Group-Based Enforcement In South East Asia

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    The present problem of human rights enforcement reflects the old dilemma between centralism at the international level and local governance at the domestic level. Centralist solutions carry the expectation of a more homogeneous, effective and uniform method of operation. But this so-called‘universal’enforcement model is often seen as being too weak and incoherent for effective actions.Although the alleged universal character of the enforcement of human rights may portray an impressive international regime, local modes of problem solving are in reality more efficient since they are based on a better understanding of the specific circumstances and take into account of local peculiarities, cultural values and other similar factors. The latter is the missing elements in the overall international human rights enterprise. The rapid promotion and education of the global community on the concept of human rights has opened many wider possibilities for group based enforcement to be an efficient alternative. Reinforcing the same line of argumentation, this paper proposes an inverted model of enforcement whereby iinternational human rights law could act as the general framework that establishes generally agreed prin­ciples and norms that transcend strict national concerns, while group based mechanisms will work on enforcing those norms in their specific manifestations within the respective groups

    The The Absence of Legal Recognition and Its Impact on the Living Conditions of Urban Pakistani Refugees in Bangkok

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    Recently, an increasing number of refugees originating from non-neighbouring countries have arrived in Bangkok seeking asylum at UNHCR. As Thailand does not recognize their refugee status and by so their human rights guaranteed in the Declarations of Human Rights, this group of people, referred to as urban refugees, remain in Bangkok illegally during the application process and until possible resettlement. This study examines how restrictions of their human rights, such as absent of fear of arrest, right to work, access to proper housing, education and health provisions, and a prolonged application process affect the physical and mental health of urban refugees. Data are gathered from semi-structured interviews of 53 Pakistani refugees and officers at organisations working with refugees. Depression and declining physical health are common complains while refugee children fail to enrol in formal education. Considering the lack of support for a human rights dialogue in the Thai society it is recommended that a more pragmatic approach, not employing a human rights narrative, is applied to promote the living conditions for urban refugees living in Bangkok

    Defending Environmental Rights: an Ecological Democracy Perspective: an Ecological Democracy Perspective

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    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

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