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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 South Kalimantan Provincial Election Commission's Strategy to Increase First-Time Voters in the 2024 South Kalimantan Gubernatorial Election Ramadani, Mustafa
West Science Law and Human Rights Vol. 3 No. 04 (2025): West Science Law and Human Rights
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v3i04.2324

Abstract

This study examines the strategy of the General Elections Commission (KPU) of South Kalimantan Province in increasing the participation of first-time voters in the 2024 South Kalimantan Gubernatorial Election (Pilgub). The study used a descriptive qualitative approach with data collection techniques through in-depth interviews with KPU South Kalimantan commissioners and data obtained from official KPU South Kalimantan reports. The results show that the KPU South Kalimantan implemented a multidimensional political communication strategy through educational, participatory, and digital approaches. Several main programs carried out included the Election Procession activities, the launch of the "Bekantan" mascot, outreach at universities, and collaboration with mass media and youth organizations. The use of social media such as Instagram, YouTube, and X (Twitter) was also carried out interactively through quizzes with prizes to attract the attention of first-time voters. This effort proved effective with an increase in the number of first-time voters from 277,777 in the 2020 Pilgub to 702,500 in the 2024 Pilgub. However, the KPU South Kalimantan still faces obstacles, such as limited budget for outreach and the lack of grouping of voter data by age category. This research emphasizes the importance of sustainable, data-driven, and inclusive political communication strategies to strengthen youth participation in local democracy.
Legal Review of the Settlement of Sharia Mortgage Defaults Based on DSN-MUI Fatwa No. 17/DSN-MUI/IX/2000 Nasution, Emmi Rahmiwita; Muhtadi, Muhamad Ammar; Arini, Rani Eka
West Science Law and Human Rights Vol. 3 No. 04 (2025): West Science Law and Human Rights
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v3i04.2337

Abstract

This study examines the legal framework governing the handling of defaults in Sharia mortgage contracts, focusing on the interpretation and application of DSN-MUI Fatwa No. 17/DSN-MUI/IX/2000. Using a normative juridical approach, the research analyzes how Islamic financial institutions address customer defaults (wanprestasi) in a manner consistent with Sharia principles and national banking regulations. The study explores the fatwa’s relevance in regulating sanctions, ensuring fairness, and preventing elements of riba while maintaining the stability of the Islamic financial system. The findings reveal that DSN-MUI Fatwa No. 17 provides clear moral and legal guidance for handling defaults through non-ribawi sanctions, such as fines dedicated to social purposes. However, discrepancies still exist between the fatwa’s moral prescriptions and its implementation due to the lack of detailed operational procedures within national law. The study concludes that better integration between Sharia norms, DSN-MUI fatwas, and Indonesian financial regulations is necessary to enhance the effectiveness, justice, and legal certainty in handling Sharia mortgage defaults.
Comprehensive Research on the ways to Minimize the Disparity of Sentences in Similar Offences in the Malaysian Criminal Justice System Pan, Yichen; Hao, Wong Jun
West Science Law and Human Rights Vol. 1 No. 04 (2023): West Science Law and Human Rights
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v1i04.194

Abstract

The Malaysian Criminal Justice System, like many others globally, faces the challenge of minimizing sentence disparities in cases involving similar offenses. This comprehensive research endeavor delves into the multifaceted issue of sentencing disparities, seeking to understand its root causes and to propose practical strategies for mitigation. The paper begins by acknowledging the importance of consistent and fair sentencing in upholding the principles of justice and ensuring public trust in the legal system. It highlights the current disparities observed in the sentencing of individuals convicted of similar offenses, by taking theft cases to shed light on the implications for equity, deterrence, and offender rehabilitation. This research adopts a multidisciplinary approach, drawing from legal analysis, case studies, and empirical data to explore the factors contributing to sentencing disparities. Afterward, it presents a range of potential solutions aimed at reducing sentence disparities in the Malaysian context, which includes setting clear sentencing guidelines; implementing Artificial Intelligence Judgement (AI judgment), and setting specialized courts in the criminal justice system. This comprehensive research endeavor aspires to contribute significantly to the ongoing discourse surrounding equitable sentencing practices in Malaysia, fostering a more fair and transparent criminal justice system for all its stakeholders.
Comparative Analysis on the Improvement of Aggravate Punishment for Recidivism in Malaysia Pan, Yichen
West Science Law and Human Rights Vol. 1 No. 04 (2023): West Science Law and Human Rights
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v1i04.196

Abstract

Recidivism, the fact that individuals re-offend after being convicted of a crime, is a significant challenge faced by criminal justice systems worldwide. The study will begin by reviewing relevant literature and legal frameworks pertaining to recidivism and aggravated punishment in Malaysia. The analysis will delve into the objectives, principles, and legal provisions that guide the application of aggravated punishment for repeat offenders in the Malaysian criminal justice system. Additionally, a comparative perspective will be adopted to examine the experiences and practices of other jurisdictions that have implemented similar punitive measures for recidivism. This comparative analysis delves into the strategies employed by Malaysia for the improvement of aggravated punishment concerning recidivism within its criminal justice system. Malaysia, like many countries, has adopted measures to address but leaves several concerns on this issue. Those concerns include the range of defining recidivism unreasonably and focusing too much on crimes that violate property and the discretion of judges for sentencing them are so huge. The study evaluates Malaysia's approach to aggravated punishment for recidivism by examining the legal framework, and sentencing guidelines, and also focuses on the rights of offenders. Furthermore, it compares Malaysia's practices with those of other nations including both civil law and common law countries to identify best practices and potential areas for enhancement. By employing a comparative research methodology, the study will explore the strengths and weaknesses of the aggravated punishment approach in deterring recidivism, ensuring public safety, and promoting rehabilitation. It will critically evaluate the legal and ethical considerations associated with imposing harsher penalties on repeat offenders, including questions of proportionality, fairness, and human rights implications. Ultimately, the study strives to provide several potential ways to address those concerns for enhancing the Malaysian criminal justice system's response to recidivism, considering the principles of proportionality, and fairness in criminal justice.
Indigenous Peoples and Customary Law in Lolayan District, Bolaang Mongondow Regency in a Modern State Katong, Nasir; Junaedy, Sintya Paula; Sendow, Debby Ch.
West Science Law and Human Rights Vol. 1 No. 04 (2023): West Science Law and Human Rights
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v1i04.261

Abstract

Indigenous peoples are an orderly unity in which members are not only bound to the place of residence where a particular area, both in worldly terms as a place of life and in spiritual relations as a place of worship of ancestral spirits (territorial), but also bound to hereditary relationships in blood alliances and the same familiarity of a customary relationship (genealogical). Each indigenous community has customary Law that is used to regulate all problems that occur within the familiar environment. The second use in legislation is that indigenous peoples and customary Law are often used interchangeably in laws and regulations but lead to the same subject. Some argue that customary Law is a law left over from the past so that it is less comfortable with modern life like now, which is entering the era of modernization. Such an opinion is not wrong, but not all are true. Sayskan is right because it is recognized that customary Law is traditional, while life in the current era demands everything modern. This is not entirely true because there are several laws formed that are introduced from Customary Law. These two entities, both customary communities and Customary Law, include the same people and live on the same earth therefore, naturally, indigenous peoples also get the same rights as other countries, such as equality of public services and law enforcement. Related to the relevance of global customary Law in the global era. In the age of globalization, it is necessary to follow the pattern of becoming a peer again. Therefore, the continuity of customary Law becomes very important. Customary Law is no longer limited to indigenous Indonesian Law that must be maintained. Still, more than that, traditional Law should have a function as a "filter tool" for the entry of foreign influences into Indonesia. This filtering is what we do not currently have as a great nation.
The Implications of Legal Uncertainty of the Provisions on Hybrid Threats in the Indonesia National Defense System Karim, Muhammad Hamdi; Halkis, Mhd.; Kertopati, Susaningtyas Nefo
West Science Law and Human Rights Vol. 1 No. 04 (2023): West Science Law and Human Rights
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v1i04.294

Abstract

The inclusion of hybrid threats in Law No. 23/2019 concerning Management of National Resources for National Defense can be considered an early preparation made within the national defense system to confront increasingly complex and multidimensional threats. However, it is important to question whether the addition of a new type of threat, namely hybrid threats, in Law No. 23/2019 on Management of National Resources for National Defense, which was not previously regulated in Law No. 3/2002 concerning National Defense, is in line with the principle of legal certainty. This legal research aims to analyze the legal certainty of the provisions regarding hybrid threats in Law No. 23/2019 concerning Management of National Resources for National Defense and its implications on policies related to state emergencies and the mobilization of reserve components. The study adopts a normative legal research method. The literature review collects information from document analysis, which is qualitatively analyzed. The data analysis is descriptive-analytical in nature. The results of the study show that the provisions regarding hybrid threats in Law No. 23/2019 concerning Management of National Resources for National Defense create legal uncertainty due to the disharmony in the legislative regulations. There is a need to fill the legal gap in addressing complex and multidimensional threats through the formulation of hybrid threats. However, this has led to a situation of legal uncertainty regarding the regulation of mobilizing reserve components, which should only be mobilized to face military threats when the President declares a state of military emergency or a state of war.
Granting of Ownership Rights to Shophouses Following the Issue of Regulation of The Minister of Agrarian and Spatial Planning/Head of The National Land Agency of The Republic of Indonesia number 18 of 2021 Rian, Frans; Armelia, Rita
West Science Law and Human Rights Vol. 1 No. 04 (2023): West Science Law and Human Rights
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v1i04.312

Abstract

In the past, shophouses were not eligible for ownership rights as they were primarily designated for commercial purposes, whereas ownership rights were exclusively granted for residential properties.   Nevertheless, during its evolution, shophouses can also serve as dwellings.   This is deemed to be inconsistent with the philosophical underpinnings of property rights, which are solely intended for domestic use.   The subject addressed in this article pertains to two main aspects: the characteristics of property rights in Indonesia and the characteristics of property rights specifically related to shop houses.   The research methodology employed in this work involves legal research utilizing statutory and conceptual approaches.   The findings in this article are primary.   Property rights in Indonesia are characterized as hereditary, with the highest level of strength and comprehensiveness.  Furthermore, ownership of shophouses can be established through property rights, subject to the following conditions: obtaining permission to use the land and building for both residential and commercial purposes, having valid or expired Building Use Rights or Use Rights, and/or having the rights holder’s name registered alive or deceased. 
Ethical Dilemmas in the Use of Artificial Intelligence in Breast Cancer Diagnosis and Treatment (Addressing Issues of Bias, Transferability, and Patient Trust in Breast Cancer AI) Napitupulu, Priscilla Auleader
West Science Law and Human Rights Vol. 1 No. 04 (2023): West Science Law and Human Rights
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v1i04.314

Abstract

Breast cancer care is becoming one of the main areas of development of artificial intelligence (AI), with applications including screening and diagnosis, risk calculation, disease progression, clinical decision support, management planning, and precision medicine. This paper will review the ethical, legal, and social implications of these developments, including the values embedded in algorithms, evaluation of results, issues of bias, data ownership, confidentiality, and consent, as well as legal, moral, and professional responsibilities. Additionally, we also need to consider the potential impact on patients, including trust in healthcare, as well as explaining the reasons why AI is being implemented quickly. Resolving this challenge requires the involvement of professionals, governments and regulators, health care providers, and patients, regarding the imposition of conditions on implementation, and preventive monitoring systems to ensure development does not move too quickly ahead of evaluation and discussion.
Legal Protection of Business Actors from Payment Cancellation by E-Commerce Consumers Using a Cash-On-Delivery System Prastyanti, Rina Arum; Rusdiana, Erma
West Science Law and Human Rights Vol. 1 No. 04 (2023): West Science Law and Human Rights
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v1i04.315

Abstract

The purpose of this research is to describe the factors that cause business actors to be disadvantaged due to the COD system and protection for business actors against unilateral cancellation in the COD payment system. This research is a type of normative legal research that is descriptive in nature with a qualitative approach. The type of data used is secondary data. Secondary data is obtained from library materials that are relevant to the problems studied.  The data sources used are secondary data sources obtained from primary, secondary and tertiary legal materials. The data collection technique used is the study of documents or library materials.
The Urgency of Reconstructing Indonesia's Justice System Towards Recognition of Customary Justice Institutions Ismantara, Stefany
West Science Law and Human Rights Vol. 1 No. 04 (2023): West Science Law and Human Rights
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v1i04.318

Abstract

The 1945 Constitution acknowledges and protects the existence of indigenous communities. However, the existence of customary court has been abolished through Emergency Law No. 1/1951, and its legal authority is still not recognized to this day. This creates ambiguity in the administration of the justice system. Therefore, an assessment of the urgency of reconstructing Indonesia's justice system to achieve recognition of customary justice institutions is needed. In addressing this, there is a need to answer the issues concerning customary court and how the state can reconstruct the justice system. The author employs a normative legal research method with a qualitative and case study approach through literature review. Through this method, it is found that non-binding legal force of customary court decisions leads to negative consequences for indigenous people and customary law itself. Therefore, a strong legal framework is required through the enactment of the Indigenous Community Bill. Collaboration between law enforcement and indigenous people is also essential in resolving indigenous cases.

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