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All Journal JURNAL EKOLOGI BIROKRASI Papua Law Journal Awang Long Law Review Pena Justisia: Media Komunikasi dan Kajian Hukum Jurnal hukum IUS PUBLICUM International Journal of Health, Economics, and Social Sciences (IJHESS) Sibatik Journal : Jurnal Ilmiah Bidang Sosial, Ekonomi, Budaya, Teknologi, Dan Pendidikan Jurnal Pengabdian Papua Journal of Law, Poliitic and Humanities The Easta Journal Law and Human Rights West Science Law and Human Rights GEMBIRA (Pengabdian Kepada Masyarakat) Jurnal Pengabdian Masyarakat dan Riset Pendidikan Jurnal Hukum dan Keadilan Jurnal Pendidikan dan Sosial Humaniora
Tumian Lian Daya Purba
Fakultas Hukum Universitas Cenderawasih, Indonesia
Religion Arts Humanities Civil Engineering, Building, Construction & Architecture Computer Science & IT Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Mathematics Medicine & Pharmacology Public Health Social Sciences Other

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Whistleblower Protection Models in Corruption Cases: A Legal Analysis of Reporting Mechanisms and Whistleblower Safety Tumian Lian Daya Purba; Silvester Magnus Loogman Palit
West Science Law and Human Rights Vol. 4 No. 02 (2026): West Science Law and Human Rights
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v4i02.2774

Abstract

Whistleblowers play a crucial role in exposing corruption, yet their effectiveness is often constrained by inadequate legal protection and ineffective reporting mechanisms. This study aims to analyze whistleblower protection models in corruption cases through a normative legal approach, focusing on the relationship between reporting systems and whistleblower safety. The research utilizes statutory, conceptual, and comparative approaches by examining legal instruments, doctrines, and best practices across jurisdictions. The findings reveal that although many legal systems have established formal whistleblower protection frameworks, significant gaps remain in their implementation, particularly in ensuring confidentiality, protection against retaliation, and access to reliable reporting channels. The effectiveness of whistleblowing systems is largely determined by the availability of secure, independent, and accessible reporting mechanisms, as well as the strength of institutional support and enforcement. Furthermore, whistleblower safety requires not only legal guarantees but also practical measures such as witness protection, psychological support, and financial safeguards. The study concludes that an integrated protection model—combining comprehensive legal frameworks, effective reporting mechanisms, and robust institutional coordination—is essential to enhance whistleblower participation and strengthen anti-corruption efforts.
Climate Lawsuits and the Justiciability of the Right to a Clean and Healthy Environment: Trends in Judicial Practice in Indonesia Silvester Magnus Loogman Palit; Tumian Lian Daya Purba; William Hendrik Reba
West Science Law and Human Rights Vol. 4 No. 02 (2026): West Science Law and Human Rights
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v4i02.2779

Abstract

This study examines the development of climate litigation in Indonesia and its implications for the justiciability of the right to a clean and healthy environment. Using a normative legal approach, the research analyzes constitutional provisions, statutory regulations, and judicial decisions to evaluate how Indonesian courts interpret and enforce environmental rights in the context of climate change. The study finds that although the right to a clean and healthy environment is explicitly recognized in Article 28H(1) of the Constitution of the Republic of Indonesia 1945 and further supported by environmental legislation, its judicial enforcement remains inconsistent. Key challenges include limitations in legal standing, difficulties in establishing causation, and judicial reluctance to intervene in policy-related matters. Nevertheless, emerging judicial trends indicate a gradual shift toward more progressive interpretations, including the application of precautionary principles and broader recognition of environmental harm. This study concludes that strengthening legal frameworks, enhancing judicial capacity, and integrating climate-specific norms are essential to improving the enforceability of environmental rights. The findings contribute to the discourse on environmental constitutionalism and climate justice, particularly in developing country contexts.
The Application of the Principle of Due Process of Law in Arrests and Detentions Based on Electronic Evidence in Criminal Cases Tumian Lian Daya Purba; Silvester Magnus Loogman Palit
West Science Law and Human Rights Vol. 4 No. 03 (2026): West Science Law and Human Rights
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v4i03.2773

Abstract

The advancement of digital technology has significantly transformed the nature of criminal activities and the methods used in law enforcement, particularly through the increasing reliance on electronic evidence. This study aims to analyze the application of the principle of due process of law in arrests and detentions based on electronic evidence within criminal proceedings. Using a normative legal research approach, this study examines statutory regulations, legal doctrines, and relevant scholarly literature to evaluate whether current legal frameworks adequately protect individual rights. The results indicate that although electronic evidence has been formally recognized as valid legal evidence, its use as the basis for arrest and detention presents significant challenges. The absence of clear technical and procedural standards, particularly in determining “sufficient preliminary evidence,” may lead to inconsistencies and potential violations of due process. Issues related to authenticity, integrity, chain of custody, and technical validation of electronic evidence further complicate its reliability. Moreover, the complexity of digital evidence creates an imbalance between law enforcement authorities and suspects, limiting the latter’s ability to effectively challenge such evidence. This study concludes that the application of due process of law in cases involving electronic evidence remains inadequate due to gaps in the regulatory framework and limited institutional capacity. Therefore, it is necessary to strengthen legal standards, enhance judicial oversight, and develop technical guidelines to ensure that the use of electronic evidence aligns with fundamental principles of justice and human rights. This research contributes to the development of criminal law by providing a normative evaluation of the intersection between technological advancements and procedural safeguards
The Role of Evidence in Proving the Element of Intent in Murder Cases Bambang Sasmita Adi Putra; Tumian Lian Daya Purba; Hamzah Mardiansyah; Nining Suningrat; Yanto Irianto
International Journal of Health, Economics, and Social Sciences (IJHESS) (Special Issue) - International Journal of Health, Economics, and Social Sciences (IJHESS)
Publisher : Universitas Muhammadiyah Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56338/ijhess.v7i2.7320

Abstract

This study examines the role of evidence in proving intent in murder cases within the criminal justice system. Intent is an element in distinguishing between different types of homicide, such as premeditated murder and manslaughter. The complexity of proving intent is influenced by the types of evidence available, including direct, circumstantial, forensic, and testimonial evidence. Direct evidence, such as confessions or eyewitness testimony, is the most definitive but is often unavailable, making circumstantial evidence essential in many cases. Forensic evidence, particularly autopsy results, provides significant insights into whether the actions were deliberate or accidental. Motive also plays an important role in strengthening the case for intent, offering contextual understanding of the perpetrator's reasons for committing the crime. Witness testimony, although important, requires careful evaluation to ensure its reliability. Psychological factors, such as emotional distress or provocation, can further complicate proving intent, as they may reduce the level of premeditation and influence the legal classification of the crime. This paper argues that proving intent in murder cases requires a comprehensive approach that integrates multiple forms of evidence to ensure accurate legal outcomes and fair justice.
Co-Authors Anna Veronica Pont Bambang Sasmita Adi Putra Dahliana Kataren Dian Rahadian Edbert Reba, Jeremy Hamzah Mardiansyah Irsyad Sudirman Muhammad Aiman Ningsih, Desy Kartika Nining Suningrat Priyana, Yana Ramli, Kaharuddin Silvester Magnus Loogman Palit Sitti Munawwarah Tri yanuaria William Hendrik Reba Yanto Irianto Yudhi Hertanto