Journal of Southeast Asian Human Rights [JSEAHR]

Legal Antinomy in Exercising Civil Rights of Persons with Disabilities in Notarial Activities

Tjhong Sendrawan — 2024-12-31

This paper addresses the legal antinomy present in the exercise of civil rights for persons with disabilities (PWD) in notarial activities in Indonesia. The conflict arises between the need for legal certainty, as required by national laws, and the obligation to provide equal justice and access for PWD, as mandated by the Convention on the Rights of Persons with Disabilities (CRPD). Key provisions of the Indonesian Notary Law, particularly the Notary Law Amendment of 2014, impose barriers that hinder PWD from fully exercising their civil rights. These issues highlight the lack of clear guidelines for notaries in accommodating PWD, resulting in legal uncertainty and potential discrimination. This paper proposes legal reforms and emphasizes the need for notaries to act as facilitators of justice, ensuring equal access to civil rights for PWD in line with international human rights standards.The study employs doctrinal legal research methods, through literature reviews collected from various primary, secondary and tertiary legal materials, such as international convention, notary laws, books, journals, dictionaries and research papers published relevant to the topic. This article limits the analysis of human rights of PWD in accessing their civil rights services provided by a Notary. Notary needs to understand and carefully make legal judgment in providing advices and drawing up notarial acts with various kinds of circumstances involving disabilities. In the end, this paper acknowledges a significant finding that Article 16 paragraph 1 letter (c), Article 42 paragraph (2) and paragraph (3), Article 43 paragraph (3) of the Notary Law Amendment of 2014 currently hinder the exercise of civil rights of PWD. This article contributes both theoretically and empirically contribution to the ongoing discussion and presents perspectives from the Indonesian Constitutional Court Judgement Number 93/PUU-XX/2022, which amends the provisions of Article 433 Indonesian Civil Code and argues for the importance of a specific understanding and guidelines on this issue.

Navigating Islam and Human Rights

Erfaniah Zuhriah — 2024-12-31

The purpose of this study is to examine whether women have the right to refuse pregnancy. This idea is an Islamic jurisprudence initiated by KH. Husein Muhammad, an Indonesian feminist scholar. This study analyzes the reasons for the emergence of Husein Muhammad's thoughts and provides constructive criticism. The article argues that in Indonesian society, married couples are always required to have children in their marriage. This demand leaves women with no opportunity to bargain over their position as bearers of the reproductive function, and even forces them to become pregnant. In contrast, Islam strongly upholds the interests and justice for women. By using a qualitative approach and literature, as well as data obtained by collecting references and documentation in accordance with the research theme, it was found that Husein Muhammad’s concept of women having the right to refuse pregnancy was influenced not only by the meaning of the text but also by the externalization of thoughts that arose as a result of the process of interaction and dialectics with the people around him. The objectivation process is carried out in the process of Husein Muhammad's self-interpretation of the knowledge that has been obtained, shaped by his history of studying women’s issues. Husein Muhammad based his thoughts on Islamic principles, namely justice, deliberation, equality, and peace. Therefore, the right to refuse pregnancy can be categorized as a natural right in human rights. However, the right is still bound to other aspects and is not fully applicable.

Right to Access Social Housing in the Perspective of International Human Rights Law and Vietnam’s Regulations

Hoi Van Nguyen — 2024-12-31

Housing is one of the basic needs of each individual, family and society. This right has also been widely recognized in international human rights instruments at the global, regional and national levels. The general comments of the United Nations convention committees also point out that the right to housing is not simply the right to have a place to reside but also refers to many different aspects of maintaining residence and the surrounding living conditions. The explanations also mentioned the responsibility of countries to ensure access to housing for particular groups in society and consider it as a part of social security policy. Although it is a developing country with many difficulties and challenges in economic development, from a very early age, Vietnam has paid special attention to fundamental human rights, particularly the right to housing. Although specific outcomes have been achieved, there are perspectives that the quantity and total area of social housing constructed still need to satisfy the objectives established in the National Housing Development Strategy 2020 and vision for 2030. In addition, implementing related regulations remains plagued with challenges and concerns. From the situation, the article will focus on (i) clarifying the legal and practical issues of ensuring access to social housing at international and national levels and (ii) pointing out the challenges and legal gaps in this field in Vietnam. From there, (iii) providing suggestions for Vietnam to implement effectively this right of Vietnamese citizens in the coming time.

Achieving Fair and Equal Access to Vaccination for Persons with Disabilities in Indonesia

Erna Dyah Kusumawati — 2024-12-31

The World Health Organisation has recommended that its member states conduct national vaccination programs based on fair and equal access principles. COVID-19 has had more severe impacts on persons with disabilities (PwDs). This article focuses on how the provisions of international human rights instruments obligate countries to provide vaccination for PwDs. Further, these provisions will be used to analyse the law and policy adopted by the Indonesian government related to the vaccination program designed for this group. This article used both normative/doctrinal and empirical legal research methods. Based on international human rights law, access to vaccines and medical technology are elements of the right to health under the AAAQ principles. Member states should consider groups’ vulnerabilities, risks, and needs when designing the vaccination program. Some groups risk experiencing a more significant burden from the pandemic due to underlying social, geographic, or biomedical factors. PwDs are people coming from diverse backgrounds. Thus, the challenges they face will vary according to age diversity, gender, types of disability, ethnicity, sexual orientation, and migration status. The results show that Indonesia, during the first vaccine rollout, did not explicitly mention disability as a priority. PwDs have experienced barriers in accessing vaccination due to a few persistent problems. In the future, national vaccination programs should include measures to overcome such barriers and ensure that PwDs have equal access to the vaccine and other healthcare services. Such access will enable the fulfilment of the right to health of the PwDs as guaranteed both under international human rights law and domestic law. In addition, future healthcare policy should put PwDs at the centre and address the unique needs and preferences of disabled people, including their cultural and language requirements.

A Human Rights Approach to Examine Indonesia’s Social Forestry Policies

RM Ahmada Mangkunegara — 2024-12-31

This research evaluates social forestry policies in Indonesia through the lens of human rights, focusing on the experiences of forest farmers within local communities. While social forestry is intended to empower marginalized groups, promote forest conservation, and ensure equitable access to resources, its implementation exposes systemic barriers that undermine the human rights of local communities. Such issues restrict the right of affected marginalised communities such as indigenous peoples and women. This exclusion perpetuates socio-economic inequalities and undermines their fundamental rights to fair participation and equitable resource distribution. Based on this observation, the study highlights significant gaps in policy implementation. By drawing comparisons with community-based forest management models in other countries, the study underscores the importance of collaborative governance and equitable benefit-sharing mechanisms. The findings emphasize the need for a rights-based, integrated approach to social forestry that prioritizes transparency, inclusivity, and the empowerment of marginalized groups. Aligning local implementation with global human rights and conservation goals is essential for achieving equitable, sustainable, and socially just outcomes in Indonesia's social forestry initiatives.

Trade Union and Democratisation in Malaysian Borneo and Indonesian Borneo

Sharifah Nursyahidah — 2024-12-31

Trade unions are proliferating in Malaysia despite the presence of a semi-authoritarian climate. Comparatively, Indonesia is observing a decline in trade unions and respective membership despite a developing democracy. The present study aims to assess the trade unions in Malaysian and Indonesian Borneo that are rarely given attention. The literature revealed that the national culture significantly influences trade unions in both regions. For instance, the trade unions in Malaysian Borneo are highly distinctive compared to those of Peninsular Malaysia. Subsequently, national culture, including individualism and collectivism, uncertainty avoidance, power distance, and masculinity versus femininity, affect the adherence to the national trend. Moreover, internal and external factors, such as union awareness, the commando spirit, cooperative or confrontational attitudes, employment laws, and opinion differences could impact trade unions and democracy. Accordingly, this study conducted case studies on three main economic sectors with high similarities, namely oil and gas, timber, and palm oil in both regions to determine the underlying factors. Although Malaysian and Indonesian Borneo demonstrated significant differences in the observance of national trends, similar democracy challenges, especially marginalisation and disempowerment of workers and trade unions, were observed.

Front Cover

Al Khanif — 2024-12-31

Back Cover

Cindy Claudia Putri — 2024-12-31