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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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Efforts to Handle and Prevent Trademark Infringement in E-Commerce Business in Indonesia Indrawati, Etty; Susilawati, Marietta D.; Handoyo, Richard Willie
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.v3i02.1877

Abstract

The development of technology, especially the presence of e-commerce platforms, has facilitated the interaction between sellers and buyers. This raises challenges, one of which is the potential for trademark infringement in e-commerce platforms. This can harm the owner/holder of the rights to the trademark economically because of the potential damage to the product image represented by the trademark used by other parties without rights. This research aims to identify efforts to handle and prevent trademark infringement in e-commerce businesses in Indonesia. The method used in this research is normative juridical and is supported by interviews with resource persons. The data used in this research is secondary data consisting of primary legal materials in the form of statutory instruments, and secondary legal materials consisting of scientific papers and other research results. The analysis in this research is done qualitatively. The results of the research conclude that efforts can be made to face the challenges of trademark infringement in e-commerce business in Indonesia to protect the exclusive rights of trademark owners/holders.
Pancasila as a Moral Foundation in the Field of Education in Facing Intolerance in Indonesia Susilawati, Marietta.D.; Indrawati, Etty; Weenas, Andi Harunsyah Peter Noel
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.v3i02.1878

Abstract

Pancasila as the philosophical and ethical basis of the state has a fundamental role in maintaining social harmony and strengthening the unity of the Indonesian nation amid the threat of intolerance. Intolerance, whether in the form of discrimination based on ethnicity, religion, race, or political views, can threaten national integration if not handled comprehensively. This research aims to examine how the values of Pancasila can be applied as an ethical foundation in the life of society, nation and state to reduce the growing phenomenon of intolerance in society. The results of the research can find effective strategies in building collective public awareness to reject all forms of intolerance and strengthen harmonious and democratic national identity. This research uses a normative juridical method supported by student questionnaires and interviews with resource persons. The material objects in this research include government regulations and policies related to strengthening national insight, while the formal objects are based on the study of Pancasila philosophy as a guideline in shaping an inclusive and equitable social order.
Land Consolidation as One of The Solutions in Providing Green Open Space in Urban Areas in Indonesia Hutapea, Maria; Krismantoro, Damianus; Fransiska, Eudia Viona
West Science Law and Human Rights Vol. 3 No. 03 (2025): West Science Law and Human Rights
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v3i03.1888

Abstract

The increasing price of land in urban areas makes it difficult for the government to provide land for the development of Green Open Space. Land Consolidation is a land policy regarding the reorganization of land tenure and use as well as to improve environmental quality and maintenance of natural resources by involving active community participation. In this case, the government does not need to provide compensation that requires very large funds because the principle used in Land Consolidation is to build without displacement. Land Donation for Development which will be used for public and social facilities and green open spaces. This research aims to find out how the implementation of Land Consolidation in Indonesia as one of the solutions in the provision of land to provide land for the purposes of green open space development and the obstacles faced and their resolution. The research method used is normative juridical method. The data source used is secondary data. The method of data collection is done by means of literature study. Data processing is done by descriptive analytical method. Based on the existing fact that the implementation of Land Consolidation in Indonesia, especially to provide for the development of Green Open Space in urban areas, is often constrained, given the high price of land in urban areas. Therefore, the existence of Land Consolidation can be used as one of the ways to obtain land for the development of Green Open Space in urban areas in Indonesia.
The Right to Privacy in International Law: Evolving Standards for Personal Data Protection in the Digital Era Nafi’ah, Lutfiah Sholikhatun; Prastyanti, Rina Arum
West Science Law and Human Rights Vol. 3 No. 03 (2025): West Science Law and Human Rights
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v3i03.2018

Abstract

Privacy    and    personal    data protection are increasingly important issues in today's  digital  era.  This  article  highlights  the importance    of recognizing    privacy    as    a fundamental    human    right    that    must    be protected   by   the   state   in   accordance   with applicable   human   rights   principles   and   the constitution.   Protection   of   personal   data   is becoming increasingly crucial because it is often a  target  for  irresponsible  parties.  International regulations, such as the Universal Declaration of Human Rights and the General Data Protection Regulation   (GDPR)   in   the   European   Union, provide   a   framework   for   the   protection   of personal data. This article also highlights a key challenge to protecting privacy, namely finding a  balance  between  the  need  for  security  and individual  privacy.  Efforts  such  as  developing specific   laws   on   personal   data   protection, increasing   public   awareness,   and   enhancing international cooperation are urgently needed. Keywords: privacy,    data    protection,    human rights, regulations, challenges.
Handling of Missing Persons Reports Suspected of Victims of Crimes and Problems in Uncovering the Truth of the Case by the Salaman Sector Police Nugrahanto, Oka Putra; Basri, Basri; Kurniaty, Yulia
West Science Law and Human Rights Vol. 3 No. 03 (2025): West Science Law and Human Rights
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v3i03.2103

Abstract

The development of society and globalization have made crimes such as kidnapping, murder, and rape more diverse. In Indonesia, missing persons reports are often the beginning of the revelation of criminal acts, but the handling by the police is still slow and not uniform. Some reports are only processed after 1x24 hours, even though time is crucial. At the Salaman Police Station, 32 cases of missing persons in 2021-2025 led to criminal acts, showing the need for improvement. Handling must be fast, precise, and uniform without administrative delay, in accordance with the provisions of the Criminal Procedure Code and police regulations that require immediate service and victim protection. Standard regulations are needed that regulate the operational standards for handling missing persons reports, especially if they contain suspected criminal acts. This research uses a normative juridical method with a legal approach and a conceptual approach. To strengthen the argument, an interview was conducted with the Head of the Criminal Investigation Unit of the Salaman Police in a structured manner. This research uses a normative-empirical type of research. The approaches used in this study are the laws and regulations approach, and the case approach. Normative-empirical research uses primary data and is supported by secondary data. The results of the study concluded that the action taken by the Salaman Sector Police of Magelang Regency when there is a report of a missing person suspected of being a victim of a crime is to follow up in accordance with the SOP for the Acceptance of Police Reports and the SOP for Public Visits in accordance with Article 7 letters c and d of the Regulation of the National Police of the Republic of Indonesia Number 7 of 2022 concerning the Professional Code of Ethics and the Commission of the Code of Ethics of the National Police of the Republic of Indonesia,  and Article 1 number 4 of the Regulation of the Chief of the National Police of the Republic of Indonesia Number 6 of 2019 concerning Criminal Investigation. The Salaman Police directly followed up on missing person complaints without following the 1 x 24-hour waiting mechanism, and followed up on missing person complaints in the same way by following up on reports of suspected criminal acts. The reason is that missing person complaints can develop into reports of alleged criminal acts, as well as problems in uncovering the truth of the case of handling missing persons reports in the Salaman Sector Police, Magelang Regency is based on the theory of factors that affect law enforcement by Soerjono Soekanto, namely regarding community factors and cultural factors.
From State Control to Societal Governance: Fostering Private Enterprise and Societal Autonomy in Vietnam's Administrative Reforms Vu Minh, Chau
West Science Law and Human Rights Vol. 3 No. 03 (2025): West Science Law and Human Rights
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v3i03.1954

Abstract

Vietnam's transition from a centrally planned economy to a market-oriented system has necessitated fundamental changes in administrative governance structures. This paper examines the paradigm shift from direct state control toward societal governance models and analyzes how these reforms impact private enterprise development and societal autonomy. Through qualitative analysis of policy documents, legal frameworks, and expert perspectives, this research explores the mechanisms underlying Vietnam's transition from pre-emptive licensing (tiền kiểm) to post-audit supervision (hậu kiểm) while embracing a developmental state (nhà nước kiến tạo phát triển) approach. The study reveals that while significant progress has been made in reducing direct state intervention, the full realization of societal governance requires deeper institutionalization of participatory mechanisms, enhanced legal frameworks for self-regulation, and strengthened societal autonomy through diversified administrative law sources and robust freedom of association. The findings contribute to understanding state transformation in transitional economies and provide policy recommendations for balancing state guidance with societal self-governance in developing contexts.
Inequality in Person Data Protection for Vulnerable Communitiesin the Digital Nur Arifin, Firman; Prastyanti, Rina Arum
West Science Law and Human Rights Vol. 3 No. 03 (2025): West Science Law and Human Rights
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v3i03.1972

Abstract

This study aims to analyze the inequality of personal data protection for vulnerable groups in Indonesia in the context of digital transformation. The scope includes communities with low digital literacy, remote areas, the elderly, and informal sector workers. The methods used are literature study, policy analysis, survey analysis, and case studies. Data were taken from 94 cases of personal data leaks from 2019–2023, with the majority coming from private electronic system organizers. The findings show that data protection tends to be a luxury item that is only enjoyed by empowered groups. According to the data, there were 35 cases of leaks in 2023 alone. This study also proposes a social justice-based governance model to address structural inequality for vulnerable groups.
Alignment of Indonesian Manpower Regulations with ILO Standards in Increasing the Participation of Persons with Disabilities in the World of Work Dewi, E. Imma Indra; Angelia, Shella
West Science Law and Human Rights Vol. 3 No. 03 (2025): West Science Law and Human Rights
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v3i03.1987

Abstract

The protection of employment rights for persons with disabilities is an important part of efforts to realize equality and human dignity. This study aims to examine the legal framework in Indonesia related to employment for persons with disabilities by assessing its conformity to the standards set by the International Labour Organization (ILO). Using normative legal research methods, this study focuses on the analysis of relevant national regulations as well as international conventions that have been ratified by Indonesia, especially those related to the rights of persons with disabilities in the workplace. This study reviews whether existing legal provisions in Indonesia have adopted the principles outlined in the ILO standards, as well as provides a critical review of legal measures in Indonesia. The results of the study show that there is a conformity in several aspects between the Indonesian legal framework and ILO standards, but there are still some things that need to be improved in legislation to improve legal protection for persons with disabilities in Indonesia.
Digital Education and the Challenge of Personal Data Protection: An International Human Rights Law Perspective on State Obligations Fausta, Vania Sokya; Prastyanti, Rina Arum
West Science Law and Human Rights Vol. 3 No. 03 (2025): West Science Law and Human Rights
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v3i03.2017

Abstract

There is currently a conflict between technological innovation and the preservation of privacy rights as a result of the increasing collection of students’ personal data caused by the digital transformation of education. Through the lens of international human rights law, this research seeks to understand states’ obligations to protect personal data in the context of digital education. This research examines three theoretical frameworks: the concept of International Due Dilligence, the interpretation of General Comment No. 16 of the UN Human Rights Committee, and Human Rights Protection Theory, using a normative legal methodology and doctrinal approach. The findings demonstrate significant weaknesses in traditional regulatory frameworks that prevent education data protection from incorporating a human rights perspective. In the context of digital education, this research shows that the state has three duties to uphold, defend and fulfill the right to data privacy. To assess the state’s compliance with its duties to prevent, address and remedy education data privacy violations, this research creates an evaluative model based on due diligence. The results are important for creating a human rights-based approach to regulating education data, providing a conceptual framework that strikes a balance between protecting fundamental rights and technological advancement, and increasing state accountability in digital education data governance.
Personal Data Privacy in Social Media Platform: Governance, Ethics, an Regulatory Measures Putri, Aprilia Dwi Santoso; Rina Arum
West Science Law and Human Rights Vol. 3 No. 03 (2025): West Science Law and Human Rights
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v3i03.2033

Abstract

This study explores the complexities of personal data privacy in the context of social media platforms, and existing regulatory frameworks. Trough a multidisciplinary analytical approach, this study evaluates the relationshipbetween users privacy rights, data management practies by platforms, and corporate legal liability. As a theoretical frameworks, the theory of privacy rights, data governance theory, and the concept of platforms responbilityare used toanalyze this problem. The results of the study revealed that there is a significant gap between the business model of platforms that rely on data extraction and user privacy expectations. Also identified are the limitations of current regulations in the face of rapid technological dynamics. This research contributes to the literature by introducing an integrated privacy governance model, which seeks to accommodate the needs of a more adaptive regulatory stakeholder. These findings have important implications for policy development, industry practices, and improved digital literacy for users.

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