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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 Status of Local Examination as a Consideration For Judges in the Settlement of Civil Disputes in the Tabanan District Court Virgayanti, Ni Luh Gede Intan; Nurianto, Nurianto; Nurindahwati, Zuhro
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.v3i03.2054

Abstract

Local examination is one of the procedural instruments in civil procedural law that serves as a means for judges to directly observe the disputed object. Although it is not formally classified as evidence under Article 1866 of the Indonesian Civil Code, local examination holds significant value in supporting the judge's conviction regarding material truth. This study aims to analyze the role of local examination and identify the obstacles in its implementation at the Tabanan District Court. The research method used is normative legal research with a statutory, conceptual, and case approach. The results show that local examination plays a vital role in the evidentiary process, especially in land disputes, and often becomes a key judicial consideration in civil case decisions. However, its implementation still faces several challenges, including limited budget, geographical access difficulties, and a lack of legal understanding among the litigating parties. Therefore, there is a need for regulatory reinforcement, increased operational support, and public legal education to ensure that local examination is carried out optimally in upholding justice and legal certainty.
Juridical Review of Witness Evidence in Criminal Case Trials Who Refuse to Take an Oath Dewi, Ni Made Cista; Wiratny, Ni Ketut; Damanik, Siti Nurmawan
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.v3i03.2055

Abstract

Witness testimony holds a central position as a valid means of evidence under Article 184 of the Indonesian Criminal Procedure Code (KUHAP). However, the legitimacy of unsworn witness statements remains a contentious legal issue, particularly in cases involving victims of sexual violence, children, or individuals who refuse to take an oath due to psychological, religious, or personal reasons. Articles 160 and 185 of KUHAP mandate an oath as a formal requirement, with limited exceptions under Article 171. The absence of an operational definition for “legitimate reasons” for refusing to swear leads to inconsistent court decisions and legal uncertainty. This research adopts normative, case, and conceptual approaches using secondary data analyzed qualitatively. Findings reveal that most judges strictly interpret the validity of evidence, yet some adopt a progressive stance by accepting unsworn statements as supporting evidence when corroborated by other legal proofs. Reform of criminal procedure law is urgently needed to create a more adaptive system that accommodates substantive justice and the protection of vulnerable witnesses, while ensuring legal certainty and safeguarding human rights in the evidentiary process.
Formulation of Notary's Right of Refusal In Criminal Case Examination Process Nuarta, I Nengah; Sukedi, Mochamad
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.v3i03.2060

Abstract

The notary is frequently a party to a dispute that occurs between the parties to the deed.  For the parties, the notary drafts an official deed.   Because of this requirement, the notary must have legal protection in the form of the right of renunciation.   Law Number 30 of 2004 about the Notary Position (UUJN) and Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning the Notary Position (UUJN-P) (norm vacuum) do not, however, restrict the right of renunciation for notaries.  This study employed normative legal research as its methodology.  The findings of this dissertation research serve as the philosophical foundation for allowing a notary to decline to perform his duties in relation to notarial deed making as a public official, namely offering protection and assurances for the attainment of legal certainty.  Adding guidelines for the legal protection of notaries in the UUJN is one way to standardize the notary's power of refusal in the course of law enforcement over notarial deeds pertaining to legal matters. Researchers provide a proposal with the formulation of norms that are made into additional paragraph (5) in Article 66 of the UUJN. According to the established norms, notaries who follow the law and ethical codes are protected from both civil and criminal prosecution while carrying out their official duties.
Analysis of Article 28I Paragraph (4) of the 1945 Constitution on the Protection of Minority Rights and the Principle of Non-Discrimination in the Indonesian Legal System Priyana, Yana; Sopian, Sopian
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.v3i03.2061

Abstract

This paper examines Article 28I Paragraph (4) of the 1945 Constitution of the Republic of Indonesia from a normative juridical perspective, focusing on its role in protecting minority rights and upholding the principle of non-discrimination. As a constitutional provision, Article 28I (4) mandates the state—particularly the government—to ensure the protection, promotion, enforcement, and fulfillment of human rights. The study analyzes how this mandate is reflected in national laws, judicial decisions, and administrative practices, while also assessing Indonesia’s compliance with international human rights obligations. The findings reveal that despite strong constitutional commitments, the implementation remains inconsistent due to inadequate enforcement, the absence of a comprehensive anti-discrimination law, and the persistence of discriminatory local regulations. The study recommends legal harmonization, institutional strengthening, and the enactment of specific anti-discrimination legislation to ensure equal rights for all citizens, especially minorities. This research contributes to the development of a more inclusive and just legal framework in Indonesia.
Discretionary Authority in Government Administration after Law Number 30 of 2014 concerning Government Administration Judijanto, Loso; Hildawati, Hildawati
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.v3i03.2062

Abstract

This study examines the regulation and implementation of discretionary authority in Indonesian government administration following the enactment of Law Number 30 of 2014 concerning Government Administration. Using a normative juridical approach, the research analyzes the legal framework, guiding principles, and mechanisms of accountability associated with the use of discretion by public officials. The law formally defines discretionary authority, outlines conditions for its application, and incorporates safeguards to ensure decisions align with legal norms and serve the public interest. The findings indicate that while the law improves legal certainty and promotes good governance, practical challenges remain in its application, including limited legal awareness among officials, fear of legal repercussions, and weak oversight mechanisms. The study concludes that strengthening institutional capacity and providing legal guidance are essential to ensure the responsible and effective use of discretion in public administration.
Analysis of Law Enforcement in the Perspective of Law Number 32 of 2009 concerning Illegal Mining and Environmental Damage Muhtadi, Muhamad Ammar; Surahmi , Mila; Saputra, Citra Dewi; Husin, Zaimah; Nasution, Emmi Rahmiwita
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.v3i03.2063

Abstract

This study investigates the enforcement of Law Number 32 of 2009 concerning Environmental Protection and Management, with a specific focus on addressing the phenomenon of illegal mining and its contribution to environmental degradation in Indonesia. Through a normative juridical approach, the research analyzes legal provisions, regulatory structures, and institutional mechanisms that govern environmental law enforcement. The findings reveal that although the law provides comprehensive tools—including administrative, civil, and criminal sanctions—its enforcement is often hindered by institutional fragmentation, weak monitoring systems, limited public participation, and political interference. Illegal mining continues to thrive in various regions, causing severe environmental damage such as deforestation, water pollution, and soil erosion. The study highlights the urgent need for integrated law enforcement, inter-agency coordination, legal reform, and community empowerment. Strengthening these areas is critical to realizing environmental justice and sustainability through effective legal implementation.
Criminal Liability for the Perpetrator of Fraud with the Modus of Lending Motorized Vehicles Agustina, Enjelia Putri; Fadhilah, Nisa
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.v3i03.2071

Abstract

Fraud in the form of borrowing motor vehicles under false pretenses is a type of crime that exploits trust in social relationships and is often overlooked in legal discussions. This study aims to analyze the application of Article 378 of the Indonesian Criminal Code and judicial considerations in determining criminal liability in fraud cases using the case study of Decision Number 102/Pid.B/2024/PN Kotabumi. The research employs a normative juridical method using literature and document analysis to examine the legal framework and factual evidence. Findings indicate that the elements of fraud, both objective and subjective, were fulfilled convincingly. The court imposed a 2-year and 6-month prison sentence, considering both juridical and non-juridical aspects. This study highlights the importance of distinguishing fraud from civil disputes in cases involving personal relationships and emphasizes the necessity for consistent law enforcement to ensure justice and legal certainty.
Police Authority and the Role of Traffic Infrastructure in Law Enforcement Against Traffic Violations in Badung District Putra, Made Andrey Dwipayana; Sihotang, Erikson; Subawa, Mulyawan
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.v3i03.2072

Abstract

Police authority and the role of traffic infrastructure are very important in law enforcement against traffic violations in Badung Regency. The police act as law enforcers in charge of regulating, guarding, escorting, and patrolling traffic. Traffic infrastructure, such as signs, road markings, and traffic lights, support the police in regulating and controlling traffic flow. Obstacles to Law Enforcement Against Traffic Violations in the Badung Resort Police, including: a. lack of cars available to conduct traffic patrols. b. lack of traffic police personnel. c. lack of traffic patrol hours. d. lack of cooperation from the community to realize the condition of the traffic. lack of cooperation from the community to realize orderly, safe and smooth traffic conditions, including: a) Riders who run away at high speed during traffic operations b) Riders never feel deterrent even though they have repeatedly committed traffic violations c) The number of people who inform information about traffic operations to other motorists so that other motorists are reluctant to pass through roads that are being held traffic operations. d) Always abuse the position of parents, family and relatives when conducting traffic operations.
The Digitization of Islamic Philanthropy: Legal Accountability of Amil Zakat Institutions in Zakat Management via E-Commerce Hazhin, Utiyafina Mardhati; Sunur, Yosefina Elinda
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.v3i03.2104

Abstract

The digitalization of Islamic philanthropy has compelled amil zakat institutions to adapt to technological advancements, including through partnership with e-commerce platforms such as Shopee. While this collaboration facilitates muzakki in fulfilling their zakat obligations, it raises legal questions concerning the accountability of zakat institutions in managing digital zakat funds. This study aims to examine the practice of digital zakat management via e-commerce platforms, the legal relationships among the involved parties, and the form of accountability borne by amil zakat institutions in distributing zakat through digital means. This research employs a normative legal methodology, utilizing statutory and conceptual approaches. The findings indicate that, despite the absence of specific regulations governing zakat through e-commerce, zakat institutions remain fully legally accountable under Law No. 23 of 2011 and Government Regulation No. 14 of 2014. Such accountability encompasses administrative, moral, and social responsibilities. The lack of technical regulations concerning digital zakat transaction mechanisms and standardized reporting indicates weak institutional accountability, potentially undermining public trust in digital zakat practices. Therefore, a regulatory framework is urgently needed one that accomodates digital innovation while ensuring transparency and accountability in accordance with sharia principle.
Juridical Review of the Inconsistencies in Medical Practice Licensing in the Implementation of Telemedicine from the Perspective of Indonesian Health Law Susanti, Novita Andrayani; Purwani , Sagung Putri M. E.; Jayantiari , I Gusti Agung Mas Rwa
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.v3i03.2105

Abstract

This study aims to identify and analyze the legal inconsistencies in medical practice licensing within the implementation of telemedicine services in Indonesia. As the use of telemedicine continues to grow as an alternative means of delivering remote healthcare, various legal challenges have emerged, particularly concerning the validity of medical practice licenses across different jurisdictions, violations of standard operating procedures, and potential misuse of patient data. This research provides a comprehensive examination of the legal implications that may affect three key entities: doctors, other healthcare professionals, and telemedicine service providers. The analysis is conducted through the lens of civil, criminal, and administrative malpractice frameworks. The study also reviews relevant national regulations governing telemedicine practices, including the Medical Practice Law, the Health Law, Ministry of Health Regulations (Permenkes), and the Electronic Information and Transactions Law (ITE Law). The findings reveal significant legal gaps, especially in the recognition of practice licenses across regional boundaries, patient data security, and accountability in digital health services. This research offers legal policy recommendations, such as regulatory harmonization, strengthened oversight mechanisms, and enhanced legal capacity-building for healthcare professionals involved in telemedicine practices.

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