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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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The Effect of Constitutional Court Decision Number 19/PUU-XX/2022 on Tax Fairness and Compliance among Business Entities in Indonesia Judijanto, Loso; Heriyanto, Heri
West Science Law and Human Rights Vol. 2 No. 02 (2024): West Science Law and Human Rights
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v2i02.858

Abstract

The Indonesian Constitutional Court's Decision Number 19/PUU-XX/2022 has significant implications for tax fairness and compliance among business entities in Indonesia. This research employs a qualitative approach to explore the multifaceted effects of this decision on tax-related behaviors and perceptions within the Indonesian business community. Through in-depth interviews, thematic analysis, and theoretical frameworks, this study aims to provide insights into how constitutional court decisions shape tax compliance and fairness perceptions in a developing economy like Indonesia. The findings of this research contribute to the understanding of legal influences on tax behavior and inform policy recommendations aimed at enhancing tax compliance and fairness in Indonesia.
Analysis of Special Civil Cases on Industrial Relations Disputes: A Case Study of Supreme Court Decision Number 347 K/Rev. Sus-PHI/2020 in the Perspective of International Civil Law: Industrial Relations Disputes Agista, Yessa Ayu; Prastyanti, Rina Arum
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.v3i02.1665

Abstract

The case of the industrial relations dispute between PT Hevilift Aviation Indonesia and Joel Raymundo Alviar illustrates the legal complexity faced by companies and workers, especially in the context of the involvement of foreign nationals. The Supreme Court's Decision Number 347/K/Pdt. Sus-PHI/2020 is the focal point for analyzing the application of international civil law in employment relations in Indonesia. This article aims to provide an in-depth understanding of the legal basis underlying the award, as well as explore how international civil law is applied in these disputes. In addition, this article also examines the impact of the ruling on labor policy in Indonesia, including its implications for the protection of workers' rights and the policies of companies that employ foreign workersThe results show that the Supreme Court's ruling not only sets an important precedent in the settlement of industrial disputes, but also highlights the need for harmonization between national and international law in the context of employment. As such, this article contributes to a broader understanding of the interaction between international civil law and employment relations, as well as its implications for more effective labor policy in Indonesia.
Aspects of User Intellectual Property Rights Ownership in Blockchain-Based Online Game Platform Blankos Block Party Maulana, Muhammad Asrul; Isthikomah; Amalina, Zaskiya; Putri, Mega Oktaviana; Bimantara, Arya
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.v3i02.1731

Abstract

This research focuses on the legal relationship between users and platform owners in Blankos Block Party's blockchain-based online gaming platform, regarding copyright ownership. In addition, this research aims to understand the rights and obligations of the parties in determining asset protection and the benefits that can be obtained. This research uses normative method with statute approach and conceptual approach. The results of this study found that the platform owner has exclusive ownership rights to the material in the software and can regulate the use of user content. Users have the right to use the software and ownership of the content they produce, but are also obliged to comply with the terms of use and maintain the validity of the content. Platform owners are responsible for protecting users' intellectual property rights, while users are responsible for uploaded content and must secure the necessary rights or permissions.
Implementation of Improvement of Building Rights into Land Ownership Rights and its Obstacles in Indonesia Krismantoro, Damianus; Hutapea, Maria; Joe, Christian
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.v3i02.1824

Abstract

Building Rights Title (HGB) which has expired according to the legislation will return to the original legal status of the land rights, namely returning to state land, management rights or individuals. The problem in this study is how the implementation of an increase from Building Rights Title to Land Ownership Rights in Indonesia, and what obstacles arise in increasing land rights. The research method used is normative juridical. The data source used is secondary data. The data collection method is done by means of literature study. Data processing is done by descriptive analytical method. Land with HGB status can be upgraded to Property Rights by applying for an increase in rights. However, in reality not all HGB can be upgraded to Property Rights. HGB that is on the land of a person's property rights and land management rights can not be upgraded to Property Rights. In addition, HGB that is encumbered with a mortgage cannot be upgraded to Hak Milik as long as the debt has not been repaid.
Juridical Analysis of the Bankruptcy of PT Sritex Based on Law Number 37 of 2004 concerning Bankruptcy and Postponement of Debt Payment Obligations. Firmansyah, Firmansyah; Palit, Silvester Magnus Loogman; Reba, William Hendrik
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.v3i02.1828

Abstract

This study examines the bankruptcy of PT Sri Rejeki Isman Tbk (PT Sritex) within the framework of Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations (UU Kepailitan). Employing a normative juridical approach, it analyzes the legal provisions, procedural implementation, and implications of the case. The findings reveal compliance with the statutory criteria for bankruptcy but also expose significant procedural inefficiencies, particularly in asset valuation and the Suspension of Debt Payment Obligations (PKPU) process. The study highlights the need for reforms to streamline court procedures, enhance transparency, and strengthen corporate governance practices. These measures are crucial for improving the effectiveness and equity of Indonesia’s bankruptcy system while safeguarding the rights of creditors and debtors.
Juridical Analysis of Unlawful Acts at the Indonesian Exim LPEI Bank: Analysis of Decision No. 42/PDT/2025/PT MDN of the Medan High Court Nasution, Emmi Rahmiwita
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.v3i02.1830

Abstract

This study explores the issue of unlawful acts (perbuatan melawan hukum) within the Indonesian Export-Import Bank (LPEI), focusing on the analysis of Decision No. 42/PDT/2025/PT MDN issued by the Medan High Court. Utilizing a normative juridical approach, the research examines the legal principles underlying the court's judgment, including breaches of fiduciary duties, negligence in risk management, and the application of Articles 1365 and 1366 of the Indonesian Civil Code. The findings reveal significant governance lapses within LPEI, leading to financial losses and diminished accountability. The study highlights the need for strengthened internal controls, enhanced risk management systems, and regulatory reforms to improve the governance of state-owned enterprises. This analysis contributes to the understanding of legal accountability in financial institutions and offers recommendations for preventing similar cases in the future.
To what extent can restorative justice be applied in murder cases involving children under Article 340 of the Criminal Code or Article 338 of the Criminal Code in conjunction with Article 55 of the Criminal Code? A case study of the murder of a child in Subang with Subang District Court Decision Number 1/Pid.Sus-Anak/2025/PN Sng Priyana, Yana; Purba, Tumian Lian Daya
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.v3i02.1843

Abstract

This paper examines the application of restorative justice in cases of juvenile homicide under Indonesian law, focusing specifically on a case study involving the murder of a child in Subang, as reviewed in Subang District Court Decision Number 1/Pid.Sus-Anak/2025/PN Sng. The study uses a normative juridical approach to analyze the feasibility of applying restorative justice principles in such serious criminal cases, particularly those involving minors. The Indonesian Criminal Code (KUHP), Law on the Juvenile Court (UUPA), and restorative justice frameworks are explored in relation to the case. The paper discusses the role of the offender's age, mental state, and the victim’s family's involvement in the restorative process, highlighting both the potential benefits and challenges of implementing restorative justice in juvenile homicide cases. The findings suggest that while restorative justice can be a rehabilitative tool for juvenile offenders, its application in cases involving serious offenses like murder is complex and requires careful consideration of the emotional impact on the victim’s family, the offender’s potential for reform, and societal expectations for justice. The paper concludes by recommending further exploration of restorative justice as part of broader juvenile justice reforms in Indonesia.
Legal Framework and Law Enforcement of Illegal Mining in Indonesia: A Normative Jurisdictional Analysis of the Implications of Environmental Law and Criminal Law Rahmawati, Diah Ayu; Haryono, Haryono; Endarto, Budi; Santoso, Bagus Teguh; Kunarso, Kunarso
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.v3i02.1865

Abstract

This paper explores the legal framework and law enforcement mechanisms regarding illegal mining in Indonesia, focusing on the implications for environmental protection and criminal accountability. The study employs a normative juridical analysis to examine the existing laws, including the Mining Law No. 4 of 2009, Environmental Law No. 32 of 2009, and the Indonesian Criminal Code (KUHP). The paper highlights the gaps in the legal system, such as weak enforcement, inadequate penalties, and the challenges posed by corruption within local authorities. It also assesses the social and environmental consequences of illegal mining, including deforestation, pollution, and the exploitation of local communities. The findings suggest that while Indonesia has a comprehensive legal framework, the effectiveness of its enforcement mechanisms remains insufficient. Based on the analysis, the paper proposes recommendations to strengthen law enforcement, improve penalties, combat corruption, and support alternative livelihoods for communities affected by illegal mining.
The Legal Framework for Carbon Trading: Examining its Juridical Implications for Civil Liability and Environmental Responsibility in Indonesia Rahmawati, Diah Ayu; Haryono, Haryono; Endarto, Budi; Soraya, Joice; Santoso, Bagus Teguh
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.v3i02.1866

Abstract

The Indonesian legislation on carbon trading is a key instrument for national and global climate targets. This analysis, according to the present study, utilizes a normative juridical model in viewing Indonesia's carbon trading law and focusing on implications toward civil liability and environmental obligation. The findings suggest that while the model is aligned with international norms and is multi-carbon price inclusive, it is beset with enforcement uncertainties, uncemented provisions of civil liability, and weakly constructed monitoring mechanisms. Additionally, the absence of adequate community participation mechanisms is not only an issue of equity and social inclusion. In learning from global best practices, such as the European Union Emissions Trading System (EU ETS) and China's national carbon market, the research identifies areas of improvement that involve enhancing legal clarity, enforcement mechanisms, and environmental responsibility. These are key in ensuring that Indonesia's carbon trading system has a sufficient contribution to promote both legal accountability and environmental sustainability.
Legal Risk and Impact of Fake Review in Online Commerce (Comparative Study Indonesia and Uzbekistan) Prastyanti, Rina Arum; Sobirov, Bobur
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.v3i02.1873

Abstract

This study aims to outline the legal risks and consequences of fake reviews in online commerce as they relate to Indonesian and Uzbek laws. The next goal is to learn about Indonesia's legal reconstruction laws that shield online shoppers from fraudulent reviews.  This study employs a legal research methodology that looks at pertinent legal provisions to  what is actually taking place in society. Primary data are those that can be used as research materials. Information such as Uzbek and Indonesian laws and regulations that control the legal risks and  effects of fraudulent reviews on internet sales, as well as secondary data that links the effects and  The potential legal ramifications of fraudulent online reviews in Uzbekistan and Indonesia. This study approach reviews Uzbek and Indonesian legal guidelines and policies using statutory techniques. Because the research's findings are presented in a descriptive-analytical way, this type of study is also known as descriptive-analytical research. 

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