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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
Legal Aspects of Occupational Health and Safety in Healthcare Facilities Suparna, Ketut
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.v3i03.2113

Abstract

Occupational Health and Safety (OHS) is a fundamental legal and ethical mandate designed to protect workers, especially in high-risk environments such as healthcare facilities. Despite the existence of a solid legal framework in Indonesia—including Law No. 1 of 1970 and Ministry of Health Regulations No. 66/2016 and No. 52/2018—national data reveal a continued rise in workplace accidents and occupational diseases, with needlestick injuries (NSIs) representing a prominent and alarming hazard. This study investigates the legal and ethical dimensions of OHS implementation in healthcare service facilities, analyzing systemic gaps between regulatory provisions and practical enforcement. Factors such as high workload, lack of safety-engineered devices, underreporting of incidents, and inadequate regulatory oversight contribute to persistent occupational risks. Ethically, the ongoing prevalence of avoidable incidents like NSIs raises serious questions about the institutional responsibility to uphold principles of non-maleficence, justice, and professional duty of care. The study concludes with legal and ethical recommendations to enhance enforcement mechanisms, bridge compliance gaps, and build a holistic safety culture in healthcare settings.
An Analysis of the Legal Responsibility of Team Physicians for ACL Injuries Among Indonesian Liga 1 Players in Light of Law Number 17 of 2023 on Health Pradnyana, Putu Yudi; Astariyani, Ni Luh Gede; Budiasa, I Wayan
West Science Law and Human Rights Vol. 3 No. 03 (2025): West Science Law and Human Rights
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v3i03.2114

Abstract

This study analyzes the legal liability of team doctors in cases of Anterior Cruciate Ligament (ACL) injuries in Indonesian League 1 players, reviewed from Law Number 17 of 2023 concerning Health. The background of this study is based on the high risk of ACL injury in professional football athletes and the complexity of applying medical care standards in the context of sports. The method used is normative legal research with statute, conceptual, and case approaches, utilizing primary materials (Law 17/2023, Criminal Code, PSSI/LIB regulations), secondary (health law journals, sports medicine books), and tertiary (legal dictionaries). The results of the study show that the responsibility of team doctors includes civil, criminal, ethical, and administrative dimensions; Law 17/2023 strengthens the accountability framework through Article 440 concerning criminal sanctions for medical negligence, as well as the rights and obligations of patients-athletes. However, it is evident that there is a gap in the qualification standards of Liga 1 team doctors and the absence of specific protocols for handling ACL injuries, which makes it difficult to prove negligence. The main recommendations include improving medical qualifications, drafting detailed protocols, and socializing obligations based on Law 17/2023 to clarify treatment standards and strengthen athletes' legal protection.
Review of Law Number 11 of 2020 on Job Creation: Constitutionality Test Based on Constitutional Court Decision Number 91/PUU-XVIII/2020 Burhanuddin, Ahmad; Priyana, Yana
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.v3i03.2133

Abstract

This study conducts a normative legal analysis of Law Number 11 of 2020 on Job Creation (commonly referred to as the Omnibus Law), focusing on its constitutionality as assessed in Constitutional Court Decision Number 91/PUU-XVIII/2020. The research examines the legal and procedural foundations of the law's formation and evaluates whether it adhered to the standards set by the 1945 Constitution of the Republic of Indonesia. The Constitutional Court declared the law "conditionally unconstitutional," citing procedural violations such as insufficient public participation, lack of transparency, and post-ratification changes. This paper discusses the legal reasoning behind the Court’s decision, the legislative implications of using the omnibus method, and the broader impact on Indonesia's legal and democratic processes. The findings emphasize the importance of constitutional compliance, legislative discipline, and meaningful public involvement in lawmaking to ensure legal certainty and democratic accountability
Progressive Steps to Maximize the Payment of Substitute Money in Corruption Crimes Yasir, Muhammad
West Science Law and Human Rights Vol. 3 No. 03 (2025): West Science Law and Human Rights
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v3i03.2141

Abstract

Although there is a punishment for compensating for state losses brought on by corruption, laws and illegal compensation-paying activities have not been able to efficiently and optimally restore state losses. The study aims to investigate the reasons behind the suboptimal recovery of state losses attributable to corruption through compensation payments, and to identify progressive legislative measures that might enhance the effectiveness of compensation in rectifying these losses.  This study employs a normative research methodology, utilizing secondary data derived from legal texts.  Techniques for acquiring legal information through literature review.   The research results suggest that: 1. The punishment for paying substitute money does not provide the best return of state losses resulting from corruption because: a) there are unclear criminal arrangements for paying substitute money, and b) there are no rules pertaining to the crime of paying substitute money, c) Confiscation Constraints for Payment of Substitute Money, d) Individual Convicts Prefer Subsidiary Prison Instead of Paying Substitute Money, Interpretation of the Purpose of Criminal Application of Substitute Payment Penalties,  and f) PERMA Number 5 of 2014's shortcomings in relation to the charge of using extra replacement money in corruption-related activities.    2. To guarantee that the criminal payment of compensation in corruption may most effectively recoup state losses, the following progressive legislative steps are required:  a) Subsidies are not included in the penalty for paying compensation, b) The existence of the Law on Confiscation and Forfeiture in Corruption Crimes, c) Return of state losses through compensation money taking into account the value of interest, d) Return of state losses through Bankruptcy Efforts or PKPU of Corrupt Corporations,  and e) Corrupt Corporations are restored to Survive and Pay Obligations.
Iphone 13 Pro Max Intellectual Property Rights Legal Protection Vahleza, Nanda Aza; Nugraha, Tashya Panji; Fairuzzaman, Fahmi
West Science Law and Human Rights Vol. 3 No. 03 (2025): West Science Law and Human Rights
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v3i03.2148

Abstract

This study's goal is to investigate how the iPhone 13 Pro Max's intellectual property rights are protected. The secondary data type being used in this study is primary and secondary legal resources, and one form of data collection is library studies. The methodology employed in this study is a normative juridical approach. The data analysis method is based on qualitative methods to generate descriptive-analytical information. Article 40 paragraph (1) letter f and s, Article 59 paragraph (1) letter e of the Copyright Law, Article 3 paragraph (1) of the Patent Law, Article 1 Number 1 of the Industrial Design Law, Article 1 Number 1 and Article 2 paragraph (3) of the Trademark Law, and Article 1 Numbers 1 and 2 of the Layout Designs of Integrated Circuits all provide some protection for the findings of the study on the legal protection of intellectual property rights pertaining to the iPhone 13 Pro Max.
Execution Delay and Its Impact on the Psychological Suffering of Death Row Inmates in the Indonesian Criminal Law System Padlillah, Padlillah; Heriyanto, Heri
West Science Law and Human Rights Vol. 3 No. 03 (2025): West Science Law and Human Rights
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v3i03.2311

Abstract

This study analyzes the issue of execution delays and their impact on the psychological suffering of death row inmates in Indonesia's criminal law system. Using a normative juridical approach, the research identifies a significant normative gap, as Indonesian positive law lacks explicit regulations governing the time limit for carrying out executions after a verdict becomes final. This legal vacuum leads to prolonged uncertainty for inmates, resulting in extreme psychological distress known as the death row phenomenon. This condition is argued to constitute cruel, inhuman, or degrading treatment, violating both international human rights principles, such as those in the ICCPR, and Indonesia's constitutional guarantees of humane treatment and legal certainty. The analysis reveals a fundamental tension between retributive justice and substantive humanity. The study concludes by emphasizing the urgent need for legal reform to establish clear execution time limits and robust oversight mechanisms. This is crucial to align Indonesia's penal system with the principles of substantive justice, human dignity, and the rule of law.
Bibliometric Mapping of Constitutional Law Research: Global Trends and Indonesian Context (2000–2024) Judijanto, Loso
West Science Law and Human Rights Vol. 3 No. 04 (2025): West Science Law and Human Rights
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v3i04.2313

Abstract

This study performs a bibliometric analysis of international constitutional law research from 2000 to 2024 utilizing data from the Scopus database. The study utilizes VOSviewer and Bibliometrix to delineate author collaboration networks, institutional connections, and theme progression. Results demonstrate that constitutional law, human rights, jurisprudence, and constitutional courts represent the field's most significant themes, indicating a transition from conventional doctrinal discussions to multidisciplinary and global viewpoints. The United States, United Kingdom, Germany, Italy, and Spain lead in publishing production and international collaboration. The results underscore the globalization of constitutional study and its alignment with governance, rights, and transnational legality challenges. This research enhances comprehension of the intellectual framework, collaboration dynamics, and developing trends in constitutional law, providing valuable insights for scholars, institutions, and governments aiming to bolster academic connectedness and comparative discourse.
Bibliometric Analysis of Environmental Law Research: Identification of Thematic Focuses and Global Collaboration Networks Judijanto, Loso
West Science Law and Human Rights Vol. 3 No. 04 (2025): West Science Law and Human Rights
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v3i04.2314

Abstract

This study does a thorough bibliometric analysis of environmental legal research to ascertain its topic foci, intellectual framework, and global collaboration networks. The study utilizes data from Scopus and Web of Science, employing VOSviewer and Bibliometrix tools to examine publication patterns, keyword co-occurrences, and collaborations among institutions and countries from 2000 to 2025. The findings indicate three primary topic clusters: (1) environmental law and governance, (2) regulation and enforcement, and (3) climate change and sustainable development. The United States, China, and the Netherlands are the primary influential donors, while burgeoning collaborations from Asia and Latin America signify an increasing diversification of worldwide research involvement. Author and institutional networks, including prominent individuals like Heyvaert, Sands, and Peel, exemplify the international and interdisciplinary characteristics of the area. The study highlights the evolution of environmental law into a worldwide and integrated field, integrating legal theory, policy, and sustainable practices. It provides strategic ideas for enhancing collaboration, capacity development, and evidence-based policymaking in environmental governance.
The Impact of Supreme Court Decision Number 5851 K/Pid.Sus LH/2024 on Legal Certainty in Illegal Mining Cases Febryani, Evy; Pahrijal, Rival; Zulfikri, Agung
West Science Law and Human Rights Vol. 3 No. 04 (2025): West Science Law and Human Rights
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v3i04.2320

Abstract

This study analyzes Supreme Court Decision Number 5851 K/Pid.Sus LH/2024 and its impact on legal certainty in illegal mining cases in Indonesia through a normative juridical approach. The decision marks an important milestone in the enforcement of environmental criminal law, particularly in addressing unlicensed mining activities that cause ecological damage. By examining statutory regulations, judicial precedents, and doctrinal principles, this study reveals that the Supreme Court consistently applies the principles of strict liability and lex certa, emphasizing that illegal mining constitutes a criminal offense regardless of intent. The Court’s interpretation aligns with environmental protection objectives under Law Number 32 of 2009 and the Mining Law, promoting judicial consistency and strengthening environmental governance. The findings indicate that the decision enhances legal certainty by clarifying criminal liability standards, unifying judicial interpretation, and reinforcing the deterrent effect of environmental law. However, practical challenges remain in ensuring consistent enforcement, improving community awareness, and coordinating between central and regional authorities. Overall, this decision contributes significantly to the development of environmental jurisprudence and the realization of sustainable justice in Indonesia’s legal system.
Legal Analysis of Red Notices in the Handling of Wanted Persons (DPO) Cases in Indonesia: A Study Based on Law No. 1 of 1979 on Extradition (Articles 2, 3, 4, 5), and Police Regulation No. 1 of 2020 on the Functions of the NCB -Interpol Indonesia, with the Case of Fugitive Former Investree CEO Adrian Gunadi as the Focus Idrus, Nabain; Bunyamin, Ilham Akbar; Andiani, Paramita
West Science Law and Human Rights Vol. 3 No. 04 (2025): West Science Law and Human Rights
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v3i04.2321

Abstract

This study examines the legal framework and implementation of Red Notices in handling fugitive cases (Daftar Pencarian Orang – DPO) in Indonesia, with a particular focus on the case of the former CEO of Investree, Adrian Gunadi. Using a normative legal analysis, the research explores the application of Law Number 1 of 1979 concerning Extradition (Articles 2, 3, 4, and 5) and Police Regulation Number 1 of 2020 concerning the Functions of the NCB–Interpol Indonesia. The findings reveal that the Red Notice serves as a crucial tool for international law enforcement cooperation but lacks the status of a binding arrest warrant under Indonesian law. Its execution depends on the harmonization between national legal sovereignty and international obligations. The study also identifies legal and institutional challenges, such as procedural inconsistencies, limited inter-agency coordination, and inadequate bilateral extradition treaties, which hinder effective implementation. The case of Adrian Gunadi highlights these weaknesses, demonstrating the need for stronger regulatory mechanisms, enhanced cooperation between NCB–Interpol Indonesia and foreign counterparts, and policy reforms to ensure due process and accountability. Overall, this research underscores the importance of integrating Red Notice practices into Indonesia’s legal framework to improve the pursuit and extradition of fugitives within the boundaries of both domestic and international law.