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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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Analysis of the Role of the Constitution, Legislature, and Judiciary in Maintaining the Principles of Government Effectiveness in Indonesia Judijanto, Loso; Zainuddin, Zulfa; Bidja, Isnanto
West Science Law and Human Rights Vol. 2 No. 01 (2024): West Science Law and Human Rights
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v2i01.604

Abstract

This research conducts a thorough document analysis to examine the roles of the Constitution, Legislature, and Judiciary in maintaining government effectiveness in Indonesia. The historical evolution of the Indonesian Constitution is explored, emphasizing its dynamic nature and adaptability to the nation's political and societal changes. The study delves into the separation of powers, constitutional safeguards, and specific provisions influencing government effectiveness. Legislative analysis scrutinizes key acts shaping government operations, emphasizing the role of the legislature in oversight and accountability. Judicial analysis focuses on judicial review, the enforcement of the rule of law, and the judiciary's contributions to legal precedents. Interactions between the three pillars are examined for collaborative synergies and potential challenges. Comparative perspectives and implications for policymakers and legal scholars are discussed, along with recommendations for enhancing government effectiveness. The research identifies future research directions, contributing to a nuanced understanding of the governance landscape in Indonesia.
Challenges and Opportunities in Implementing Intellectual Property Rights Protection System for Creative Industry Development in Indonesia Judijanto, Loso; A., Chevy Herli Sumerli; Firmansyah, Firmansyah; Solapari, Nuryati; Raihana, Raihana
West Science Law and Human Rights Vol. 2 No. 01 (2024): West Science Law and Human Rights
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v2i01.605

Abstract

The Indonesian creative industry stands at the intersection of cultural richness, technological advancements, and economic potential. This research undertakes a quantitative analysis to unravel the challenges and opportunities in implementing an Intellectual Property Rights (IPR) protection system for creative industry development in Indonesia. The study involves 100 respondents representing diverse segments of the creative industry. Findings reveal a nuanced landscape, with varying perceptions of the current IPR protection system, significant concerns about challenges such as piracy, and optimistic views on growth opportunities through digital platforms, collaborations, and global markets. Recommendations from creative professionals emphasize the need for legal reforms, increased awareness campaigns, and collaborative efforts. This research contributes valuable insights to inform policymakers, industry practitioners, and stakeholders in fostering a robust and dynamic creative industry in Indonesia.
The Implementation of Compensation of Rights of Ownership on Land in the Development of Toll Road in Dumai City, Riau Province Hutapea, Maria
West Science Law and Human Rights Vol. 2 No. 01 (2024): West Science Law and Human Rights
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v2i01.617

Abstract

This paper is based on the research in Dumai City in 2019. Frequently, in the implementation of land acquisition resettlement for general interest development emerged issue in compensation. The former land owner whose land has been used for development of toll road Pekanbaru – Dumai (in this matter is in Bagan Besar Urban Village, Dumai City) didn’t feel satisfied with the compensation they had received. In the Article 1 point 10 of the Law Number 2 of 2012 on Land Acquisition Resettlement for General Interest Development is regulated that Compensation is the adequate and fair compensation to the parties who has rights in the process of Land Acquisition Resettlement. This research is empirical legal research. The result of this research shows that principle of adequate and fair has not been implemented.
Implementation of Licensing Application Information System (SIAP) Policy at the Investment Office, One-Stop Integrated Services and Manpower of Bulukumba Regency Murni, Hari Nur Cahya; Saifuddin, Andi Satria
West Science Law and Human Rights Vol. 2 No. 01 (2024): West Science Law and Human Rights
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v2i01.645

Abstract

This research was conducted using a descriptive method with a qualitative approach in explaining the state of the object in describing the state of the object of research such as facts that occur in the field. Data collection techniques use interview, observation and documentation methods. While in data analysis techniques, researchers use triangulation techniques. Based on research conducted by researchers at the research site, it shows that the implementation of the licensing application information system in improving the quality of licensing services in Bulukumba Regency based on indicators is considered good but there are still obstacles that occur. The obstacles that occur are still a lack of understanding from the public regarding the SIAP application, inadequate human resources, inadequate facilities, Standard Operating Procedures are considered convoluted, networks and servers that often experience problems, and lack of media owned by the public to access SIAP services.
Analysis of Government Policy on Data Collection and Recording of Population Documents as An Implementation of The Principle of Legal Certainty Nasution, Emmi Rahmiwita; Manurung, Ernawati
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.v2i02.651

Abstract

The government's efforts in collecting data and recording population documents have the aim of making the policy to ensure legal certainty for citizens and to make it easier for the public to fulfill their interests. Civil registration is part of the overall population administration system which consists of population registration and civil registration sub-systems. Documents issued by institutions/agencies that handle various public affairs and interests certainly cannot be separated from a series of administrative processes which will ultimately be stored/stored in an archive/data file. The issue raised in this research is how government policies regarding Population Data Collection and Recording can provide legal certainty for all Indonesian people. Based on the provisions for recording names as stipulated in Minister of Home Affairs Regulation Number 73 of 2022 concerning Recording Names in Population Documents, the name recording is carried out on the birth certificate in the event that the resident experiences an important event regarding the birth of a child, so the name recording is carried out on the child's birth certificate in the family. or residents concerned. The aim is to know and understand legal certainty regarding data collection and recording of population documents so that it will provide legal protection. To answer this problem, a normative research type research method was used, namely research using legal materials in the form of regulations, books, scientific articles related to data collection and recording of population documents. The results of this research provide confidence that the existence of data collection and recording of population documents has indeed provided legal certainty for the population of the Republic of Indonesia.
Resolving Serious Violations of Human Rights in Non-Judicial Mechanisms in Indonesia Rohman, Syaiful; Harkrisnowo, Harkristuti
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.v2i02.699

Abstract

Protection and respect for human rights is the state's responsibility, especially the government. The state is morally and politically responsible for ending the nation's wounds to create harmony in national and state life. Therefore, the government is obliged to resolve cases Serious Violations of Human Rights either judicially or non-judicially. Legislation has outlined that Serious Violations of Human Rights can be resolved through judicial and non-judicial mechanisms. The government has issued various policies to resolve Serious Violations of Human Rights through non-judicial mechanisms that aim to focus on recovering victims. This research uses qualitative methods using credible and relevant data sources. This research shows that non-judicial resolution Serious Violations of Human Rights is a middle way to provide a sense of justice to victims. The state is responsible and provides victims' rights through a reconciliation process to create harmony among society in the nation and state.
Public domain as an antidote conception to efforts to protect traditional cultural expressions (TCEs) Hutajulu, Thamrin Arthata
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.v2i02.724

Abstract

This paper analyzes how the public domain  conception applied in the provisions of Intellectual Property Rights is used by foreign parties in an attempt to hinder the protection  of Traditional Cultural Expressions (TCEs) in a country, because of the potential economic benefits resulting from their use, this condition is clearly very vulnerable to misappropriation committed by foreign parties, destruction of cultural values, and exploitation. This study also aims to find out how countries, especially Indonesia, provide protection for Traditional Cultural Expressions. Because of the importance of protecting Traditional Cultural Expressions, doctrinal and comparative research is directed at finding problem solvers. After conducting research, the public domain should not be placed on Traditional Cultural Expressions because it would violate the secret character of many intangible, sacred, and secret elements that living things have to cultural heritage and would highlight the deterioration and unauthorized appropriation of cultural values. And some countries have regulated the protection of Traditional Cultural Expressions in different ways through IPR regimes or sui generis. However, there is a need for  a model law in the form of collective agreements between countries to protect Traditional Cultural Expressions owned by indigenous peoples or owning communities.
Enforcement of Environmental Criminal Law in Cases of Environmental Pollution by Corporations Brata, Trisna Agus; Syafa’I, Imam
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.v2i02.750

Abstract

The occurrence of various cases of environmental pollution is a reflection of the lack of corporate responsibility towards the environment, hence the need for environmental law enforcement. The formulation of the problem in this study is: 1). How is the enforcement of environmental criminal law against corporations after the enactment of Law Number 32 of 2009 concerning Environmental Protection and Management?; 2). What legal obstacles arise in criminal practice if corporations pollute the environment after the enactment of Law Number 32 of 2009 concerning Environmental Protection and Management? This research is normative legal research. The findings in this study show that the implementation of law enforcement is still weak, meaning that the subjective policy of law enforcement to continue criminal acts to further proceedings. Conditions like this are used as opportunities for corporations to do as they want and seek the maximum profit. Therefore, law enforcement must be firm and consistent. The main obstacles that occur in law enforcement practices faced when corporations commit environmental crimes are seven obstacles that affect the enforcement of environmental criminal law including: a). Obstacles to the Human Resource Capability of Law Enforcement is Still Limited; b). Environmental Enforcement Has Not Been a Priority; c). Obstacles to coordination between agencies in handling environmental crimes; d). Obstacles to Law Enforcement Professionalism; e). Obstacles to Facilities or Facilities that Support Law Enforcement; f). Dependence of Environmental Criminal Law Enforcement Application on Administrative Law; g). Criminal Law is still the ultimate remedium in environmental law enforcement.
Commercial Exploitation of Children in Belgium in International Law Agista, Yessa Ayu; Prastyanti, Rina Arum
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.v2i02.781

Abstract

Child exploitation is an act of using children for the benefit of others, satisfaction or profit which often results in unfair, cruel and harmful treatment of children. Child protection is non-discrimination, non-exploitation and non-abandonment; it is a form of child rights that must be fulfilled, respected and protected by the family, community, government and state. Child exploitation is one of the most severe forms of violence against children, and it will adversely affect children themselves, both physically and mentally. This exploitation is like forcing them to work, this is very unacceptable because it will hamper their development, Children should have freedom, enjoy the world, and have their rights protected. The occurrence of child exploitation is also influenced by various social factors such as poverty and economics. The protection of child labor has been regulated in the formulation of laws with International Conventions ratified by various countries (Nieuwenhuys, O. (2000).
Application of International Law in Tackling Money Laundering Pangesti, Trias
West Science Law and Human Rights Vol. 2 No. 03 (2024): West Science Law and Human Rights
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v2i03.783

Abstract

Money laundering has become a complex and challenging global issue, this complexity is compounded by its cross-border nature, which demands effective international cooperation in its handling and the application of international law to be key to comprehensively combating trafficking and preventing the proliferation of proceeds of crime. International law related to trafficking has evolved rapidly in recent decades. Beginning with the 1988 Vienna Convention on Psychotropic Drugs and Psychotropic Substances, various international legal instruments have been formulated to define trafficking, criminalize its perpetrators, and strengthen cooperation between states. For example the United Nations Convention Against Transnational Organized Crime (Palermo Convention) of 2000 and Recommendation 40 of the FATF, In 2022, the Center for Financial Transaction Reporting and Analysis (PPATK) fully disclosed the amount of Money Laundering (TPPU) which reached IDR 183.88 trillion. Indonesia has ratified various international legal instruments related to TPPU and implemented them in national regulations. Law Number 23 of 2003 concerning Money Laundering and Terrorism Financing is the main legal basis in Indonesia. PPATK, as a UIF (Financial Intelligence Unit), plays an important role in collecting, analyzing, and disseminating information related to TPPU to relevant authorities.

Page 18 of 24 | Total Record : 233

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