The Reintegration of Former Jihadist Detainees in Solo Region: Changing A Way of Life in A New Life

In the process of deradicalization, the reintegration of former jihadist detainee places as the most dilemmatic agenda to conduct. It raises a problematic situation between the issue of security and restoring the former jihadist detainees’s human rights. But, the struggle in the reintegration process not only occurs to the state and host community but also to the former jihadist detainees itself. This paper focuses on the story of former jihadist detainees in Solo region who have different experiences in their reintegration process and their strategies to encounter the problem as an effort to erase the radical thinking and start a new life. Solo Region was chosen because it receives a 'stigmatization' as a cultivation region for religious radicalism because of its record on radical Muslim's web and figure such as Abubakar Baasyir (the founder of Islamic radical group namely Jemaah Islamiyah). It also becomes a growing place for Islamic radicalism groups such as Jamaah Ansharut Daulah (JAD) and Jamaah Islamiyah which contributed toward Makassar’s Cathedral bombing, Bali bombing I and II and Laskar Jihad and Majelis Mujahidin Indonesia which tried to enforce Islamic value in Indonesia. The data of this research was gained by conducting an in-depth interview with four former jihadist detainees in Solo region who are willing to be interviewed under the pseudonym. Also, exposure some references as the secondary data. This article found that a sustainable, gradual, and comprehensive reintegration process in social, ideological, political, and economic aspects could support the effort of former jihadist detainees in the Solo region to establish a new life.

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Perkawinan Sejenis Menurut Hak Asasi Manusia Dalam Perspektif Hukum Islam

Anterior Jurnal ◽

10.33084/anterior.v16i1.69 ◽

2016 ◽

Vol 16 (1) ◽

pp. 77-83

Author(s):

Sanawiah Sanawiah

Keyword(s):

Human Rights ◽

Islamic Law ◽

Secondary Data ◽

The State ◽

Human Rights Law ◽

Marriage Law ◽

Men And Women ◽

Legal Principles ◽

Homosexual Marriage

Purpose of this study is to analyze that the homosexual marriage in accordance with human rights which is just and civilized, and to determine the homosexual marriage according to the marriage act and the perspective of Islamic law. The method used is a method normative considering that this study emphasizes that the secondary data that is studying and reviewing principles, materials and positive legal principles that of the materials libraries that exist in legislation marriage law and human rights law in Indonesia. Results from this study showed that the homosexual marriage in the name of human rights it violates human rights itself. Because the rights that should be fought is right according to the nature of natural and ordained by God, since man was created in pairs regarding marriages recognized by the state is only marriages between men and women can also be seen in Article 34 paragraph (1) of the Act Number 23 the Year 2006 concerning population administration.

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Pemenuhan Hak Kebebasan Berpendapat Berdasarkan Undang-Undang Nomor 9 Tahun 1999 Tentang Kemerdekaan Berpendapat Di Muka Umum

Journal of Lex Theory (JLT) ◽

10.52103/jlt.v1i1.43 ◽

2020 ◽

Vol 1 (1) ◽

pp. 41-58

Author(s):

Nur Yusriyyah Bakhtiar ◽

La Ode Husen ◽

Muhammad Rinaldy Bima

Keyword(s):

Human Rights ◽

Freedom Of Expression ◽

Secondary Data ◽

The State ◽

Legal Research ◽

Legal Rules ◽

The Right

Penelitian ini bertujuan, pertama, Menganalisis dan menjelaskan pemenuhan hak kebebasan berekspresi berdasarkan undang-undang nomor 9 tahun 1998 tentang kemerdekaan menyampaikan pendapat di muka umum. Kedua, Menganalisis upaya negara untuk melindungi hak asasi manusia dari tindakan anarkis dalam kebebasan berekspresi. Penelitian ini dilakukan dengan metode penelitian hukum doctrinal normatif atau penelitian hukum kepustakaan, yaitu penelitian hukum yang dilakukan dengan cara meneliti bahan pustaka atau data sekunder yang terdiri dari bahan hukum primer, bahan hukum sekunder dan bahan hukum tersier. Bahan-bahan tersebut disusun secara sistematis, dikaji, kemudian ditarik suatu kesimpulan dalam hubungannya dengan masalah yang diteliti. Hasil penelitian ini: Pertama, Undang-Undang Nomor 9 Tahun 1998 tentang Kebebasan Mengemukakan Pendapat di Muka Umum, masih terdapat kekurangan berkaitan dengan pembatasan-pembatasan yang ada, sebab tidak dicantumkan jelas mengenai batasan yang tidak boleh dilanggar seseorang, agar tercipta relevansi di antara peraturan perundang-undangan. Kedua, Menyampaikan pendapat di muka umum merupakan hak bagi setiap warga negara, namun apabila tindakan yang dilakukan oleh para pengunjuk rasa berakhir anarkis, maka tidak dapat dikategorikan sebagai perbuatan melanggar Hak Asasi Manusia sehingga aparat kepolisian dapat menindak berdasarkan aturan hukum yang berlaku. This study aims, firstly, to analyze and explain the fulfillment of the right to freedom of expression under Law No. 9 of 1998 concerning freedom of expression in public. Second, Analyze the efforts of the state to protect human rights from anarchist actions in freedom of expression. This research was conducted with the method of normative doctrinal legal research or library law research, namely legal research conducted by examining library materials or secondary data consisting of primary legal materials, secondary legal materials and tertiary legal materials. The materials are arranged systematically, reviewed, then drawn a conclusion in relation to the problem under study. The results of this study: First, Law No. 9 of 1998 concerning Freedom of Expression in Public, there are still shortcomings related to existing restrictions, because there is no clearly stated boundaries that must not be violated by a person, so as to create relevance between regulations legislation. Second, expressing an opinion in public is a right for every citizen, but if the actions taken by the protesters end up being anarchist, then it cannot be categorized as an act of violating Human Rights so that the police can act based on applicable legal rules

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The Retroactive Principle in Law No. 26 of 2000 concerning the court of human rights

Constitutionale ◽

10.25041/constitutionale.v1i2.2118 ◽

2020 ◽

Vol 1 (2) ◽

pp. 139

Author(s):

Ricky Tongam Marpahala Siahaan ◽

Candra Perbawati ◽

Ahmad Saleh

Keyword(s):

Human Rights ◽

Research Methods ◽

Secondary Data ◽

The State ◽

Human Rights Violations ◽

Legal Rules ◽

The Past ◽

Protection Of Human Rights ◽

The Law ◽

The Government

Protection of human rights is a responsibility that must be carried out by the state, in this case the state must also resolve cases of human rights violations that have occurred. There are many cases of human rights violations that occurred in the past but cannot be resolved because there are no legal rules that govern at that time. The presence of Law Number 26 of 2000 concerning the court of human rightss is certainly a way for the government to resolve the problem of gross human rights violations in the past. The principle of retroactivity was included in Law Number 26 of 2000 concerning the court of human rightss so that gross violations of human rights that occurred in the past could be resolved. The retroactive principle in Law Number 26 of 2000 concerning the court of human rightss is considered to violate existing regulations in Indonesia, especially it is considered contrary to the 1945 Constitution. -Law Number 26 of 2000 concerning the court of human rightss. This research uses normative research methods. The data used are secondary data in the form of primary legal materials, secondary legal materials, and tertiary legal materials. The results of this study indicate that the application of the retroactive principle in Law Number 26 of 2000 concerning the court of human rightss does not contain elements that are absolutely contradictory to the Law. 1945 foundation.

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HAK ASASI MANUSIA VERSUS PIDANA MATI

10.31219/osf.io/wt2u8 ◽

2021 ◽

Author(s):

Boni Suparto Wuarlela

Keyword(s):

Human Rights ◽

Criminal Justice ◽

Death Penalty ◽

Research Method ◽

Secondary Data ◽

The State ◽

Right To Life ◽

Human Right ◽

Justice Process ◽

Criminal Justice Process

Human Rights are the basic rights of every human being as God's creatures who are equal to one another. The application of the death penalty by the state through a court decision means that the state revokes the convict's right to life which is an unlimited human right. Therefore, its implementation must take into account the rights of the convict. The purpose of this paper is to find out whether the imposition of the death penalty for criminals is against human rights. What are the criteria for imposing the death penalty for perpetrators of crimes that do not conflict with human rights? The method used is a normative research method using secondary data. It can be concluded that the imposition of the death penalty is against human rights. However, in its application, it can be justified on the grounds of defending human rights and only for crimes that go beyond humanity and damage human civilization. The implementation of the criminal justice process must be transparent and fair.

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ALTERNATIF PENJATUHAN HUKUMAN MATI DI INDONESIA DILIHAT DARI PERSPEKTIF HAM (Alternative of Death Penalty of Human Rights Perspective, In Indonesia)

Jurnal HAM ◽

10.30641/ham.2016.7.69-83 ◽

2017 ◽

Vol 7 (2) ◽

pp. 69

Author(s):

Bungasan Hutapea

Keyword(s):

Human Rights ◽

Criminal Justice ◽

Death Penalty ◽

Secondary Data ◽

The State ◽

Human Right ◽

Important Thing ◽

Justice Process ◽

Criminal Justice Process

Penjatuhan pidana mati merupakan bagian terpenting dari proses peradilan pidana. Penerapan pidana mati oleh Negara melalui putusan pengadilan, berarti Negara mengambil hak hidup terpidana yang merupakan hak asasi manusia yang sifatnya tidak dapat dibatasi (non derogable). Oleh karena itu penerapannya harus memperhatikan Hak Asasi Manusia terpidana. Tujuan penelitian ini adalah untuk mengetahui penjatuhan hukuman mati bagi pelaku kejahatan, bertentangan dengan atau tidak dengan hak asasi manusia dan kriteria penjatuhan pidana mati bagi pelaku kejahatan yang tidak bertentangan dengan hak asasi manusia. Metode yang digunakan adalah pendekatan yuridis normatif dengan menggunakan data sekunder. Dapat disimpulkan bahwa penjatuhan pidana mati bertentangan dengan Hak Asasi Manusia dan penetapan dapat dibenarkan dengan alasan membela hak asasi manusia dan hanya pada kejahatan yang bersifat melampaui batas kemanusiaan.AbstractThe death penalty is an important thing in the criminal justice process. Its practice by the state with a verdict, that means state takes a life right of convict which is a nonderogable right. Therefore, its practice must pay attention to their human right. The purpose of this research is to know death penalty of the offenders and its criteria against to the human right or not. This method of this research is normative juridical with secondary data. It concludes that death penalty against to human right and its stipulation can be justifiable by reasoning to defend the human right and merely on crime tend to beyond humanity.

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The Implementation of Javanese Local Wisdom Values as Strengthening the Practice of Pancasila

Social, Humanities, and Educational Studies (SHEs): Conference Series ◽

10.20961/shes.v4i4.50610 ◽

2021 ◽

Vol 4 (4) ◽

pp. 186

Author(s):

Bambang Sumardjoko ◽

Arif Subowo

Keyword(s):

Secondary Data ◽

The State ◽

Way Of Life ◽

Relevant Research ◽

Library Research ◽

National Values

<p><em>For the Indonesian people, Pancasila is the basis of the state and way of life, as well as the state ideology. In practice, it appears that the practice of Pancasila values is still weak and concerning. If this phenomenon is not handled seriously, it can become a threat to the existence of Pancasila in society, nation, and state. Indonesia is a country whose society is multicultural, consisting of various religions, races, tribes, cultures, and ethnicities, but has noble values that have been passed down from our ancestors to be preserved, namely Pancasila which unites the Indonesian nation. The Indonesian state consists of regions that have different local wisdom values. These values become guidelines and are cared for by all elements of society because they provide convenience in realizing national values. Even though each region has different local wisdom values, the Indonesian people remain united, namely ‘Bhineka Tunggal Ika’. There are many Javanese local wisdoms and for people who uphold the values of Javanese local wisdom, consciously or unconsciously, they have contributed significantly to the practice of Pancasila. The writing of this article is intended to describe the implementation of Javanese local wisdom values as a form of strengthening the practice of Pancasila. The main issues raised include the values of Javanese local wisdom, the practice of Pancasila values, and the implementation of Javanese local wisdom values as a form of strengthening the experience of Pancasila values. Materials and methods of writing articles use library research which is sourced from primary and secondary data, namely from expert informants, books, and relevant research journals. Finally, in this paper it is stated that the implementation of Javanese local wisdom values will be able to strengthen the practice of Pancasila values in the midst of a multicultural Indonesian society.</em></p>

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The Handling Impact Of Foreigners Seeking Protection According To Australian Policies And Its Impact On Indonesia

Journal of Law and Border Protection ◽

10.52617/jlbp.v1i2.172 ◽

2019 ◽

Vol 1 (2) ◽

pp. 49-58

Author(s):

Faridh Al Wajidi ◽

M. Alvi Syahrin

Keyword(s):

Human Rights ◽

Law Enforcement ◽

International Law ◽

Asylum Seekers ◽

Secondary Data ◽

The State ◽

International Human Rights ◽

International Human ◽

The Republic

The existence of a conflict that occurs in a country makes the citizens of the country feel uncomfortable with their country so that some of them decide to run for protection. The flight has an influence on the State of Australia because it is one of the countries that are the destination countries for Asylum Seekers and so on. This then made the State of Australia make a policy in terms of maintaining sovereignty and fighting human rights crimes such as trafficking and people smuggling. The policy is Operation Sovereign Borders which turns out to experience a conflict harvest because it is not in accordance with the requirements of international law. The ratification of this policy aims at how to handle protection seekers in accordance with the requirements of International Law and law enforcement in the event of a violation based on the Operation Sovereign Borders policy. Writing KTI uses the normative juridical method. The specifications used are descriptive-analytic. Then the data used is secondary data. In its implementation, Operation Sovereign Borders is still inappropriate so that it violates the sovereignty of the Republic of Indonesia and violates the ethics of neighboring countries (good neighborliness), besides that it also violates the principles of international law contained in the 1952 Convention and instruments of International Human Rights (non-refoulement principle)

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Collaboration and Its Distortion in Managing Migas’ CSR Programs: A Case Study on the CSEL’s Community Empowerment Program in the Salas Village, Bula Sub-District, Eastern Part Seram Regency, Maluku Province, Indonesia

International Journal of Science and Society ◽

10.54783/ijsoc.v2i3.183 ◽

2020 ◽

Vol 2 (3) ◽

pp. 340-355

Author(s):

Josep Antonius Ufi ◽

Zainal Abidin Rengifurwarin ◽

Jusuf Madubun

Keyword(s):

Oil And Gas ◽

Group Discussion ◽

Secondary Data ◽

Community Empowerment ◽

Host Community ◽

Primary Data ◽

Collaborative Management ◽

Determinant Factors ◽

Depth Interview

This study aims to analyse the collaboration form of, and critically discuss the determinant factors of collaboration those are more significantly distorted, in the governance of CSEL’s CSR program on agriculture-based economic empowerment for communities in the Salas village of Bula Sub-District, Eastern Part of Seram Regency in Maluku Indonesia. The collaboration form, the determinant factors of collaboration and their distortion as the main focuses were employed in a qualitative case study. Primary data was collected by using an in-depth interview and Focus Group Discussion. There are 9 key informants. Secondary data was collected by using documentary study on relevant documents (CSR rule & regulation, CSR Reports, etc.). The CSEL’s collaborative CSR program was a type of formal collaboration that was significantly distorted. The stakeholder, communication and also collaboration resources were among the determinant factors which were significantly distorted in the governance of the CSEL’s collaborative CSR program, and therefore it failed for empowering the economy of the host community in the Salas Village. The findings of this study are useful to understand the specific formal collaborative management of CSR in Indonesian oil and gas sectors which were distorted in the CSEL’s collaborative CSR program case; particularly, these findings show the challenges the oil & gas sectors face in managing their collaborative CSR programs by improving the determinant factors of collaboration. This study adapts not only the concept of collaboration form, but also the well-known determinant factors of collaboration into a unique and specific case of CSEL’s formalized collaborative CSR program within the Indonesian oil & gas sectors context that was significantly distorted in practice if compared to other CSR programs of CSEL and others.

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