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West Science Law and Human Rights
Published by Westscience Press
ISSN : 29855535     EISSN : 29855535     DOI : https://doi.org/10.58812/wslhr.v1i02
Core Subject : Humanities, Social,
Launched in 2022, the Journal of Human Rights Law Review seeks to increase awareness, knowledge, and discussion of legal issues and human rights policy. Academically focused, the Review also appeals to the wider human rights community, including those in government, intergovernmental and non-governmental circles concerned with law, policy, and fieldwork. Review of original published articles on human rights issues in their global or national context, considered from an international or comparative legal perspective.
Arjuna Subject : Umum - Umum
Articles 233 Documents
Normative Study of Law No. 27 of 2022 on the Protection of Personal Data and its Impact on the Fintech Industry in Indonesia Zuwanda, Zulkham Sadat; Judijanto, Loso; Khuan, Hendri; Triyantoro, Andri
West Science Law and Human Rights Vol. 2 No. 04 (2024): West Science Law and Human Rights
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v2i04.1367

Abstract

The enactment of Law No. 27 of 2022 on Personal Data Protection marks a pivotal moment in Indonesia’s regulatory framework, particularly for industries that handle significant amounts of personal data, such as the financial technology (fintech) sector. This study provides a normative juridical analysis of the PDP Law and examines its impact on the fintech industry. The research focuses on the law’s key provisions, including consent requirements, data breach notification, and data security obligations. Additionally, the study explores the operational challenges fintech companies face in complying with the law, such as the costs of compliance, technical requirements, and the need for employee training. While the PDP Law enhances consumer trust by offering greater protection and transparency, it also presents hurdles that fintech firms must overcome to ensure compliance. The analysis concludes with recommendations for fintech companies to balance legal obligations with innovation to maintain competitiveness in Indonesia’s evolving digital economy.
Carbon Trading and Environmental Justice: A Juridical Examination of Fairness in Indonesia's Emissions Reduction Initiative Rahmawati, Diah Ayu; Haryono, Haryono; Endarto, Budi; Soraya, Joice; Ngaisah, Siti
West Science Law and Human Rights Vol. 2 No. 04 (2024): West Science Law and Human Rights
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v2i04.1373

Abstract

This paper provides a normative juridical analysis of Indonesia's carbon trading regulations, with a focus on environmental justice and fairness. It examines the legal framework established by Presidential Regulation No. 98 of 2021, which governs carbon pricing mechanisms, including carbon taxes and carbon credit trading. The analysis highlights key gaps in the regulation, particularly in terms of equitable benefit distribution and inclusion of vulnerable communities in decision-making processes. While Indonesia's carbon trading system aligns with global trends and its international obligations, significant improvements are needed to ensure that marginalized groups are not further disadvantaged. Recommendations include the redistribution of carbon trading revenues, enhanced public participation, stronger enforcement mechanisms, and alignment with international best practices.
The Implementation of LAUDATO SI as the Embodiment of Integral Ecology in Atma Jaya Yogyakarta University Susilawati, Marietta D.; Rhity, Hironimus; Malau , Sonang Rifaldi
West Science Law and Human Rights Vol. 2 No. 04 (2024): West Science Law and Human Rights
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v2i04.1396

Abstract

The wrong paradigm towards self and others leads humans to individual pride and collective egoism. Technocratic and mechanical views can obscure human dignity, because humans are considered as objects and usability values only. Anthropocentric, mechanistic and technocratic paradigms make individuals alienated from others, both with each other, as well as with other creatures and entities. This research aims to explore the Encyclical Laudato Si and its implementation in Atma Jaya Yogyakarta University (UAJY). As a university, UAJY plays an important role in creating a catholic education that respects human dignity, the value of interconnectedness and builds an integral ecology. The results of the research are expected to be more effective in realising the encyclic in Atma Jaya Yogyakarta University. This research uses a qualitative method, and the approach used was a mixture of library research and field research. The material object of the research is policy, while the formal object is moral philosophy.
Patient Data Privacy Challenges in Electronic Health Systems: A Juridical Analysis of Medical Information Protection in Indonesia Santhi, Ni Nyoman Putri Purnama
West Science Law and Human Rights Vol. 3 No. 01 (2025): West Science Law and Human Rights
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v3i01.1577

Abstract

The digital revolution has fundamentally transformed healthcare service systems, bringing complex legal issues related to patient data privacy protection. This research aims to analyze the juridical challenges of electronic medical information protection in Indonesia. Using a normative juridical method, the research examines regulatory frameworks, identifies legal gaps, and formulates responsive legal protection models. Research findings reveal that Indonesia's electronic health systems face structural weaknesses in guaranteeing data privacy. Existing regulations have not been able to accommodate digital technology developments, creating risks of medical information leakage and misuse. The complexity of challenges includes weak digital consent mechanisms, absence of cybersecurity standards, and minimal supervision. The research recommends comprehensive regulatory framework renewal, establishment of independent oversight bodies, and development of adaptive health data security protocols. This transformation requires an interdisciplinary approach that integrates legal, technological, and ethical perspectives. The research conclusion emphasizes the urgency of patient privacy rights protection in digital ecosystems while ensuring the effectiveness of modern healthcare services.
Implementation of Production Sharing Agreements for Agricultural Land in Indonesia Hutapea, Maria; Krismantoro, D.; Joe, Christian
West Science Law and Human Rights Vol. 3 No. 01 (2025): West Science Law and Human Rights
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v3i01.1606

Abstract

Production Sharing Agreement is an agreement made between the owner and the cultivator of paddy land. The cultivator is asked by the owner to work or cultivate the owner's paddy field whose object is not the paddy field but something attached to the paddy field such as rice plants. The problem in this study is how the implementation of profit-sharing agreements for paddy fields in Indonesia. The research method used is normative juridical. The data source used is secondary data. The method of data collection is done by means of literature study. Data processing is done by means of descriptive analytics. Based on Law Number 2 of 1960 concerning Production Sharing Agreements that in Indonesia it is required that the production sharing agreement must be made by the owner witnessed by two witnesses, each from the landowner and cultivator. In reality, production sharing agreements made by the Indonesian people are still based on customary law so that the agreement is only done orally, not made before the village head and not witnessed by witnesses.
Juridical Study of Digital Campaign Regulations and Election Violations in the 2024 Elections in Indonesia: Analysis of the Role of the ITE Law in Handling Hoaxes and Hate Speech Khuan, Hendri; Wahyudi, Fajar Satriyawan
West Science Law and Human Rights Vol. 3 No. 01 (2025): West Science Law and Human Rights
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v3i01.1592

Abstract

This study examines the role of the Information and Electronic Transactions (ITE) Law in regulating digital campaigns and addressing election violations during the 2024 Indonesian elections. With the increasing prevalence of online hoaxes and hate speech, this research adopts a normative juridical approach to analyze the effectiveness and limitations of the ITE Law in maintaining electoral integrity. The study reveals that while the ITE Law has provided a legal framework for addressing digital violations, challenges in its enforcement, such as vague provisions, selective implementation, and jurisdictional issues, have undermined its impact. The research also compares Indonesia's approach with international practices and suggests improvements in legal clarity, proactive monitoring, enforcement, public awareness, and international cooperation. The findings contribute to the development of a more robust regulatory framework for future elections in Indonesia, aiming to strengthen the role of digital platforms in promoting fair and transparent elections.
Legal Analysis of Digital Donation Campaigns: A Case Study of Agus Salim's Donation Compliance and Accountability Based on the Minister of Social Affairs Regulation Number 8 of 2021 Khuan, Hendri; Sopian, Sopian
West Science Law and Human Rights Vol. 3 No. 01 (2025): West Science Law and Human Rights
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v3i01.1593

Abstract

This study examines the compliance and accountability of the Agus Salim digital donation campaign about Minister of Social Affairs Regulation Number 8 of 2021. Employing a normative juridical approach, the research analyzes legal provisions and evaluates the campaign's adherence to regulatory requirements, focusing on permit acquisition, transparency, and reporting obligations. The findings reveal partial compliance, highlighting challenges such as delayed permit approval, insufficient financial transparency, and gaps in reporting mechanisms. The study also identifies limitations in the regulatory framework, including enforcement difficulties and the absence of digital-specific guidelines. These results underscore the need for revised regulations and enhanced accountability measures to ensure the ethical and effective operation of digital donation campaigns in Indonesia.
Mapping a Legal Study on Cybersecurity and Data Protection: A Bibliometric Review and Its Implications for Regulation in the Digital Age Judijanto, Loso; Lubis , Arief Fahmi
West Science Law and Human Rights Vol. 3 No. 01 (2025): West Science Law and Human Rights
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v3i01.1598

Abstract

This study provides a bibliometric review of the current research landscape on cybersecurity and data protection, focusing on the evolving technological advancements and regulatory responses in the digital age. By analyzing literature from Scopus, this review maps key themes and emerging trends in the field, including the integration of machine learning, blockchain, and the Internet of Things (IoT) in cybersecurity practices. The study highlights the growing emphasis on data privacy, particularly in sectors like healthcare, and the increasing importance of privacy-by-design principles. The review also identifies gaps in existing regulatory frameworks, emphasizing the need for global cooperation and adaptive legal structures to address the dynamic nature of cyber threats and data protection challenges. The findings suggest that future research should focus on the intersection of emerging technologies and legal frameworks to ensure comprehensive, forward-thinking approaches to cybersecurity and data protection.
The Role of Environmental Law Enforcement in Improving Company Compliance with Hazardous Waste Management Regulations Judijanto, Loso; Saputra, Citra Dewi
West Science Law and Human Rights Vol. 3 No. 01 (2025): West Science Law and Human Rights
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v3i01.1600

Abstract

The mismanagement of hazardous waste remains a critical environmental issue in Indonesia, posing significant risks to public health and ecological sustainability. This study examines the role of environmental law enforcement in improving corporate compliance with hazardous waste management regulations through a juridical analysis. Findings reveal that while Indonesia has comprehensive regulatory frameworks, enforcement effectiveness is hindered by limited resources, overlapping authorities, and insufficient penalties. Larger corporations demonstrate higher compliance rates, driven by reputational concerns, while small and medium enterprises face challenges due to resource limitations and lack of awareness. The study underscores the need for stronger enforcement mechanisms, enhanced community participation, and integration of technology to improve regulatory compliance. Recommendations include streamlining legal frameworks, increasing enforcement capacity, and fostering public-private partnerships to achieve sustainable hazardous waste management in Indonesia.
Legal Review of the Effect of OJK Regulation Number 11/POJK.03/2016 on the Implementation of Sharia Banking Business Activities on the Sustainability of the Sharia Financial Industry in Indonesia Jahir, Siska Sanjahaya; Surahmi, Mila; Nasution, Emmi Rahmiwita
West Science Law and Human Rights Vol. 3 No. 01 (2025): West Science Law and Human Rights
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v3i01.1602

Abstract

This study analyzes the impact of OJK Regulation Number 11/POJK.03/2016 on the implementation of sharia banking business activities and its role in ensuring the sustainability of the sharia financial industry in Indonesia. The regulation aims to strengthen governance, risk management, and transparency in sharia banking while promoting alignment with Islamic principles. Employing a qualitative juridical analysis, this research evaluates the regulation's effectiveness and identifies challenges faced by sharia banking institutions, including resource limitations, knowledge gaps, and regulatory ambiguities. The findings reveal that while the regulation has significantly improved compliance, risk management, and public trust, challenges persist in its practical implementation. Recommendations include capacity building, regulatory clarity, and technological adoption to optimize the regulation's impact. This study contributes to the understanding of regulatory frameworks in Islamic finance and offers insights for enhancing the resilience and sustainability of Indonesia's sharia financial industry.

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