Ilmu Hukum S1

Jurnal HAM, Volume 3, Nomor 3, Tahun 2005

Informasi Detil

Artikellllll Jurnal

Judul	Abstract	Halaman
Dari pembangunanisme ke penghormatan HAM	The author argues that Indonesian national law has to date adequately accommodated human rights considerations, parricularly in the revised 1945 Constitution and Human Rights Laws No. 39of1999 and 26 of 2000, inter alia. He also argues, however, that there has been no significant progress in implementing human rights pnnciples within the development sector. The paper descriptively elaborates on a human rights based approach to development. It outlines a history of the evolution of development and human rights paradigms in Indonesia and offers justification for using human rights as a reference point in development, consistent with the Vienna Declaration. The article then provides a perspective on how a rights-based approach can be utilised in ongoing development planning in Indonesia.	11-38
Hak Asasi Manusia (HAM) sebagai parameter pembangunan: Dilihat dari sisi keikutsertaan Indonesia dalam pencapaian tujuan pembangunan millennium - MDGs	This article focuses on the challenges facing the Indonesian Government to achieve the millenium development goals. In this case, the problem of poverty entails many challenges to be confronted. This article also discusses the government policy and budget allocation to achieve the goals. This article also highlights the need to cooperate between the rich and poor countries to achieve the global justice.	41-61
Pembangunan berwawasan HAM	This article explains the development of human rights based approach on development in the globe and particularly in Indonesia. Interestingly the author is-before he was The Indonesian National Human Rights Commission Secretary General-Indonesia Vice President Secretary, in that sense, this article also describe Govern• ment policy on human rights based approach on development. Briefly, the author describes each Indonesian President policy, from Soekarno until SBY regarding the Government effort to fulnll human rights. The duet of SBY-JK determines 3 economic development ob;ectives which known as "Triple Tracks": reduce unemployment, reduce poverty and increase economic growth. For 2006, Government policy as included in Government Work Plant Document will be focus on the effort to stabilize and develop several regulations and programs which has broad impact on the respect, protection, and fulnllment of basic rights. Government, according to the author, sees that fulnllment of human rights as a part of poverty eradication, but it also realizes that the fulnllment of human rights is not identical with fulf7ilment of the basic rights of the poor.	63-71
Indeks pembangunan manusia dan pengukuran hak-hak ekonomi, sosial, dan budaya	The biggest challenge for human rights defenders and decision makers is applying sometimes abstract concepts from economic, social and cultural rights to public policy. The author argues for the measurement of economic, social and cultural rights as a means of monitoring and verifying national development outcomes, both from the perspective of claim holders (communities) and duty bearers (governments). The paper describes attempts to apply the human development index and other related indexes to development policies and approaches, alongside the measurement of economic, social and cultural rights.	73-101
Mitologi pembangunan adalah pertumbuhannya kerusakan lingkungan hidup dan pelanggaran hak asasi manusia	This paper tries to explore the linkage between environment, structural poverty and the continuous violations of human rights because of the increase exploitation of natural resources without any consideration to the environment. The management of the environment is dominated by profit interest. It also places the interests of the public and future generation as the last priority. For the past two decades, the discourse and practice of growth and development - even though they are enfolded in many concepts such as participatory development - have triggered many environmental cases or community level because of the un-Fullment of basic needs and the denial of the right to environment. To prevent those things, the writer suggests, among others, to include the value and principle of the Right to Environment as a principle in all policies and legislations regarding the management of the environment and natural resources at international, regional and national levels. Furthermore, the winet also proposes to the Indonesian Government to develop a vision in the form of an environment blueprint as the basis of the implementation of development accessible by the people.	103-123
Pembangunan dan perlindungan kebudayaan	The term development is not neutral. It is full of value, either ideology, political or cultural values. It means that cultural consideration has the same importance as ideology and political considerations. A balance and consolidated human rights concepts between civil and political rights and economic, social and cultural rights have become the mainstream of development discourse. Hence, when all human rights instruments should be comprehended and justified based on a non-discrimination principle, without differentiation based on, religion or group, simultaneously it should also give opportunity to the fact that culturally human beings are consisted of different anthropological community with different cultures. Each has the right to develop and look after its particular cultural values and institution. This cultural right should be protected by the State in general and by the Government in particular.	125-144
Potret marginalisasi HAM penca dalam pelaksanaan pembangunan di Indonesia	Equality before the law and government should also be implemented for diffable person regarding their position as citizen of one country Therefore the promotion, protection and fulfilment of their rights in the development of the state become urgent and strategic. Even though there is regulation concerning the rights of diffable person (Law No. 4/1997) But in reality, the marginalization of the role of diffable person still remain strong in Indonesia. The main problem is the accessibility of diffable person for having their rights. In fact, all aspects of life still difficult to access, including education, work and political area.	147-177
Pembangunan manusia di Jawa Timur: Keadaan saat ini dan tinjauan ke depan	The objective of the paper is to describe the achievement of human development in East Java based on the Indonesian Human Development Report 2004. It compares data between municipalities and provinces across East Java, as well as against national data sets. The paper also reviews future policy directions for human development in East Java, especially relating to the capacity of provinces to reach the Millennium Development Goals. In brief, there are two major issues in East Java. First, while the province rates highly on economic development indicators (for example in Total Regional Domestic Product), outcomes on the human development index are comparatively low. Second, there is a wide disparity between municipalities in East Java, especially in the "tapal kuda" (horseshoe) region. The research recommends that local government become more responsive to regional human development by adopting public policies that are responsive to the identified needs of specific regions. Furthermore, an analysis of local government budgets can be used to verify the extent to which government is giving priority to programs that respond to the social needs of respective local areas.	179-212

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