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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,
Humanities Law, Crime, Criminology & Criminal Justice
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
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A Legal Review of Corporate Governance Implementation in Developing Countries: A Bibliometric Analysis of Regulatory and Policy Developments Judijanto, Loso; Purwoto, Ady; 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.v3i01.1604

Abstract

Corporate governance plays a pivotal role in fostering transparency, accountability, and sustainable economic development, particularly in developing countries. This study conducts a bibliometric analysis using data from Scopus and VOSviewer to explore the academic discourse on corporate governance with a focus on regulatory and policy developments. The analysis reveals "corporate governance" as the central theme, with strong connections to "developing countries," "corporate social responsibility," and "firm performance." Key findings highlight the significance of regulatory frameworks, transparency, and board structures in enhancing governance practices, while also emphasizing the growing integration of corporate governance with strategic dimensions such as market performance and corporate strategy. Despite these advancements, gaps in the literature remain, particularly concerning the role of informal institutions, cultural influences, and technological innovations in governance. This study underscores the need for tailored governance frameworks that address the unique challenges of developing countries while aligning with global best practices. These insights provide valuable directions for policymakers, practitioners, and scholars aiming to enhance corporate governance in emerging economies.
Prisoners’ Right to Vote in The Gambia: A Need for Legal Reform? Mendy, Ousu; Sarr, Ebrima
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.v3i01.1622

Abstract

Prisoners’ right to vote in The Gambia continues to be a less challenged issue both in practice and in theory in state politics since it regained independence. This research assesses state on prisoners’ right to vote and how this defines the state’s governance system towards prisoners from international human rights perspective. An analysis of this issue in the state since it regained political independence reveals how casual academics and policymakers approach it. This piece, therefore, examines human rights perspective on this right and the state’s obligation to prisoners. The quest for the realization of human rights by the citizenry goes in tandem with the state’s obligation to cease to violate such rights, to ensure their protection, promotion, and respect it. It avails the difference between a right and a privilege and submits that voting is not a privilege but essentially a political right. A qualitative research approach is used by re-examinig and analyzing books, articles and other relevant national and international instruments that are relevant to this work. It finally submits that The Gambia needs to undergo a reformed process in terms of state institutions, and amendment of legal instruments including the Election Act (ius constitutum) to become a law (ius constituendum) that creates equality among the people. The Constitution is both a political and legal instrument, the rights of the prisoners should be empowered by it to address the approach used through the Election Act to limit the political right of prisoners to vote.
Pancasila as Philosophical Basis in Strengthening National Character in the Era of Globalization Susilawati, Marietta D.; Indrawati, Etty; Shalom, Efraim Yehuda
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.v3i01.1648

Abstract

Pancasila as the philosophical basis has an important role in strengthening the character of the nation, especially in the challenging era of globalization. This research aims to examine how applying Pancasila values can be integrated into character education in higher education in Indonesia to face challenges in the era of globalization. This research aims to find out the application of Pancasila values in shaping the identity and character of the nation that needs to be lived by the Indonesian people, including the younger generation. Character cultivation is essential for all Indonesian people in the era of globalization. The values of Pancasila need to be instilled in the younger generation so that Indonesia becomes a strong nation in the face of globalization. This research uses qualitative methods. The approach to be used is to combine library research with field research. The material object is the education policy model that has been carried out by the College, and the formal object is the philosophy of Pancasila.
Implementation of the Principle of Good Faith in the Making and Execution of Agreements Indrawati, Etty; Susilawati, Marietta D.; Putri, Koleta Donna Indhayana
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.v3i01.1649

Abstract

Based on Article 1338 paragraph (3) of the Civil Code, agreements must be implemented based on good faith. These guidelines must be met so that the interests of the parties can be protected and there is no risk of loss to the parties as subjects of civil law who make them. An agreement cannot be canceled by one of the parties but must be with the agreement of the parties to the agreement. The purpose of this study is to examine the difficulties that the parties have when drafting and carrying out the agreement. This study makes use of secondary data and normative legal procedures. Deductive inductive reasoning is employed. Both main and secondary legal documents are utilized. Legal tools are primary legal resources. Journal articles and other study findings are examples of secondary legal sources. qualitative approaches for data analysis. The study's findings can be used to draw conclusions about what constitutes good faith from moral and ethical perspectives in order to deal with issues that may arise if the agreement does not use good faith. 
Legal Framework and Law Enforcement of Illegal Fishing in Indonesia: A Normative Juridical Approach to the Protection of Maritime Sovereignty Rahmawati, Diah Ayu; Hartantien, Sinarianda Kurnia; Kumalasari, Dewi Ratih; Haryono, Haryono; Endarto, Budi
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.v3i01.1652

Abstract

The paper will attempt to discuss illegal fishing in Indonesia from a legal framework and law enforcement perspective and its implications for the protection of maritime sovereignty. Based on this, the research will apply a normative juridical approach, studying in detail the laws, regulations, and practices of enforcement and the various challenges and opportunities arising out of them. Indnesia legal framework through the Fisheries Law no 45 of 2009 and the Presidential Decree no. 115 of 2015 set a good backbone regarding IUU fishing activities; still, poor enforcement is highly seen due to shortcomings in limited resources, corruption, fragmented jurisdiction, and less international cooperation. The paper analyses these discrepancies and assesses Indonesia's current legislation and the efforts carried out on tackling IUU in comparison to relevant international practices. It also gives some recommendations on how to strengthen the legal definition, mechanisms of enforcement, increasing resource allocations, and improvement in international cooperation. The result shows that integrated efforts with more transparency and accountability are needed in order to properly protect Indonesia's maritime sovereignty effectively.
The Role of Labor Law in Settling Industrial Relations Disputes: A Normative Juridical Perspective on the Rights of Workers and the Obligations of Employers in Indonesia Rahmawati, Diah Ayu; Haryono, Haryono; Endarto, Budi; Nuroini, Indi; Hananto, Hananto
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.v3i01.1653

Abstract

This research reviews labor law's role in the settlement of disputes in industrial relations within a normative juridical perspective in Indonesia. The research focuses on workers' rights and employers' obligations under Indonesia's labor legislation, mainly Undang-Undang No. 13 Tahun 2003 (the Labor Law). The study examines dispute resolution mechanisms, such as negotiation, mediation, and arbitration through the PHI, their effectiveness in protecting workers' rights, and how well employers adhere to the law. From the results, it is learned that negotiation and mediation are effective at the starting stage, but due to power imbalance and delayed processing in the judicial system, comprehensive settlements could not be achieved. Moreover, inconsistent court decisions, weak enforcement of workers' rights, and lack of adequate union representation remain critical. Concluding, the paper provides recommendations on how Indonesia can better settle labor disputes by strengthening mechanisms for mediation and arbitration, enhancing judicial capacity, and effective enforcement of workers' rights.
Civil Liability for Environmental Damage in Indonesia: An Assessment of Carbon Trading Mechanism's Role for Corporate Responsibility Promotion Rahmawati, Diah Ayu; Haryono, Haryono; Endarto, Budi; Soraya, Joice; Hidayat, Ahmad
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.v3i01.1657

Abstract

The paper discusses civil liability for environmental damages in Indonesia, considering the carbon trading mechanisms role in promoting corporate responsibility. Hence, this research has adopted a normative approach, analyzing the existing juridical framework that governs environmental damage and discussing to what extent carbon markets, among other emissions trading systems or carbon taxes, can serve complementary functions of incentivizing corporations toward environmentally responsible behavior. The study identifies loopholes within Indonesia's legal system, particularly for the enforcement of environmental liability laws, and discusses how carbon trading could supplement these deficiencies through financial incentives for reducing emissions. The results show that while the mechanisms of carbon trading hold great potential to promote corporate responsibility, their effectiveness relies on robust market infrastructure, sound systems of monitoring and verification, and integration with existing policies on the environment. The study also finds that to enhance corporate environmental accountability in Indonesia, a combination between legal liability and market-driven incentives is essential.
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; Padlilah, Padlilah
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.
Artificial Intelligence and Big Data Analytics to Break Drug Networks: Lessons from Law Enforcement in Indonesia Ismail, Ismail; Felecia, Felecia; Azizah, Anisa Kurniatul; Rahmawati, Diana
West Science Law and Human Rights Vol. 3 No. 02 (2025): West Science Law and Human Rights
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v3i02.1816

Abstract

The rapid advancement of Artificial Intelligence (AI) and Big Data Analytics has transformed various sectors, including law enforcement and criminal investigation. This study aims to explore how Indonesian law enforcement agencies are utilizing AI and Big Data to combat drug trafficking networks. Using a qualitative approach, data was collected through in-depth interviews with five key informants, including law enforcement officials, legal experts, and technology practitioners. The results show that AI technologies, such as predictive analytics, surveillance systems, and facial recognition, have enhanced intelligence gathering, suspect identification, and crime pattern analysis. However, challenges remain, including limited technological infrastructure, lack of trained personnel, legal and ethical concerns, and weak inter-agency coordination. By examining global best practices from countries like the United States, China, and the European Union, the study provides recommendations to improve Indonesia's capacity in using AI and Big Data for drug enforcement. The findings contribute to theoretical frameworks such as Routine Activity Theory and Crime Pattern Theory, emphasizing the proactive role of technology in crime prevention. Strengthening infrastructure, legal frameworks, and collaboration across agencies is essential for the effective integration of AI and Big Data in Indonesia's war on drugs.
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; Heriyanto, Heri
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.

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