cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Yana Priyana
Contact Email
mrpyana@gmail.com
Phone
+6282115575700
Journal Mail Official
info@westscience-press.com
Editorial Address
Grand Slipi Tower, level 42 Unit G-H Jl. S Parman Kav 22-24, RT. 01 RW. 04 Kel. Palmerah Kec. Palmerah Jakarta Barat 11480
Location
Kota adm. jakarta barat,
Dki jakarta
INDONESIA
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
 1   2   3   4   5 
Patient's Right to Obtain The Electronic Medical Record Contents in Therapeutic Contract According to Indonesian Civil Law Perspective Anggra Yudha Ramadianto
West Science Law and Human Rights Vol. 1 No. 03 (2023): West Science Law and Human Rights
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v1i03.118

Abstract

The relationship between patients and health care providers is a contractual relationship. Health service providers have obligations to patients, one of which is to maintain medical records in health services. This obligation arises as a form of fulfilling the patient's right to obtain the contents of the medical record. The results showed that fulfilling the patient's right to obtain the contents of the record is one of the achievements in the form of giving something in a therapeutic contract. Meanwhile, violation of the fulfillment of these rights in a therapeutic contract is an unlawful act, so that this matter can be sued based on the provisions in Article 1365, 1366, and 1367 of the Indonesian Civil Law. However, based on the provisions of Article 1865 of the Indonesian Civil Law, the burden of proof in lawsuits against the law is borne by the patient as the litigant.
Exploring the Effectiveness of Restorative Justice Practice in Criminal Law System Yana Priyana; Abdul Aziz Assayuti; Muhamad Romdoni
West Science Law and Human Rights Vol. 1 No. 03 (2023): West Science Law and Human Rights
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v1i03.120

Abstract

The criminal justice system in Indonesia, like many other countries, faces the challenge of effectively addressing crime while ensuring justice for victims and rehabilitation for offenders. In response to the limitations of the traditional punitive approach, restorative justice has emerged as an alternative paradigm, emphasizing healing, reconciliation, and community involvement. This research study aims to trace the effectiveness of restorative justice practices within the Indonesian criminal justice system through a comparative analysis. By employing a mixed-methods approach, the research combines quantitative data from official criminal justice statistics and qualitative data from interviews, case studies, and focus groups. The findings reveal that restorative justice cases demonstrate higher rates of victim engagement, increased offender accountability, and lower recidivism rates compared to conventional cases. Victims express higher levels of satisfaction with the restorative justice process, and practitioners acknowledge its potential benefits. However, challenges in implementation and the need for community support are also evident. The research contributes to the ongoing discourse on criminal justice reform in Indonesia and provides evidence-based insights to guide policymakers in developing a more balanced and effective approach to addressing crime and promoting justice, healing, and restoration within society.
The Role of International Criminal Court in Prosecuting Crimes against Humanity Hudjolly Hudjolly
West Science Law and Human Rights Vol. 1 No. 03 (2023): West Science Law and Human Rights
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v1i03.134

Abstract

Crimes against humanity are grave offenses that shock the conscience of humanity, and demand a strong international response. The International Criminal Court (ICC), established in 2002, plays an important role in prosecuting individuals responsible for such heinous crimes, including genocide, war crimes, and crimes against humanity. This research explores the role of the ICC in prosecuting crimes against humanity in Indonesia, a country with a complex history of human rights violations. Through a qualitative research design, including case studies, legal analysis, and content analysis, it assesses the effectiveness of the ICC's interventions, analyzes the international legal framework guiding its actions, explores the challenges faced, and evaluates Indonesia's cooperation with the court. The findings show a mixed record of effectiveness, with challenges in evidence collection, witness protection, and limited cooperation hampering some cases. Despite these obstacles, the ICC's involvement has shed light on past atrocities and provided an opportunity for victims to seek justice. The study concludes with recommendations to improve the effectiveness of the ICC in addressing crimes against humanity in Indonesia and underscores the importance of continued efforts to promote accountability and justice on a global scale.
Exploring the Role of International Human Rights Treaties in Promoting Gender Equality and Women’s Empowerment Ade Risna Sari; Erry Fitrya Primadhany
West Science Law and Human Rights Vol. 1 No. 03 (2023): West Science Law and Human Rights
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v1i03.135

Abstract

This research explores the role of international human rights treaties in promoting gender equality and women's empowerment in Indonesia. The study adopts a mixed-methods approach, combining qualitative and quantitative data collection techniques. The research delves into the implementation and enforcement of international human rights treaties, examining their alignment with domestic laws and policies. The study highlights the challenges and opportunities faced in advancing gender equality in Indonesia. Survey data from diverse stakeholders and insights from interviews and document analysis provide comprehensive findings. The research underscores the positive impact of international human rights treaties on gender-related policies but identifies challenges like limited resources and traditional cultural norms. The study concludes with evidence-based recommendations to enhance the influence of international human rights treaties in achieving gender equality and empowering women in Indonesia.
Analyzing the Historical Evolution, Contemporary Debates, and Global Perspectives on the Death Penalty and its Abolition Agung Zulfikri; Supriandi Supriandi; Sabil Mokodenseho
West Science Law and Human Rights Vol. 1 No. 03 (2023): West Science Law and Human Rights
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v1i03.136

Abstract

This research method outlines a comprehensive bibliometric analysis of the scholarly literature on the historical evolution, contemporary debates, and global perspectives regarding the death penalty and its abolition. Using bibliometric techniques, this study aims to provide insights into trends, patterns, and influences within this field of research. The method includes selecting relevant databases, search terms, data extraction, and analysis. The results of this bibliometric analysis contribute to a better understanding of the scholarly landscape surrounding the death penalty, facilitating future research and policy decisions on this significant social issue.
Da'wah Communication in Forming Children's Character at LPKA Class II Bandar Lampung Rini Setiawati; Khomsahrial Romli
West Science Law and Human Rights Vol. 1 No. 03 (2023): West Science Law and Human Rights
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v1i03.144

Abstract

LPKA is a place where children who are in conflict with the law receive education and counselling. Coaching is the main project carried out by LPKA to improve the quality of devotion to God Almighty, Intellect, Skills, Attitudes, and Behavior, as well as children's welfare. This research was conducted at LPKA Class II Bandar Lampung. Data collection methods used are observation, interviews, documentation, and literature study. The analysis technique used is a qualitative descriptive method, namely each method or approach is described in the form of exposure and data obtained from field data sources. The research results show thatda'wah communication in character building, should be carried out continuously so that the coaching will run well and in accordance with the demands of Islamic teachings, based on religious teachings and using several counseling techniques and using psychological theories to understand the behavior of correctional students in LPKA Klas II Bandar Lampung, but it is still not optimal, this can be seen from the quality of the coaching staff, especially for Islamic religious or spiritual mental development, where there is still a lack of Islamic religious or mental spiritual supervisors with a counseling or psychology background. So that there is still a lack of child observer stakeholders involved in Class II LPKA Bandar Lampung.
Constitutionality of Freedom of Association Notary Organization in Indonesia Dina Aisyah Alfarijah; Iskandar Muda; Irwan Santosa
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.v1i04.146

Abstract

This research was motivated by the Law Test to the Constitutional Court, namely the test of the Notary Office Law (UUJN), especially Article 82 regarding Notary Organizations, the petitioners asked for a quo test because the provision has limited the freedom of association for Notaries to form Notary professional organizations. This restriction is considered to have violated the human rights of Notaries, especially the rights to association, assembly, and expression of opinions as the constitutional guarantee referred to is affirmed in the Constitution of the Republic of Indonesia Year 1945 (UUD 1945), The existence of the Indonesian Notary Association (INI) as the only Notary professional organization was further strengthened after passing constitutional review in the Constitutional Court. The Constitutional Judge in Constitutional Court Decision Number 009-014 / PUU-III / 2005 and reaffirmed by Constitutional Court Decision Number 63 / PUU-XII / 2014 that the Constitutional Court decision is an organization of the Indonesian Notary Association that is recognized for its existence, but also that its ruling that dissolves organizations other than the Indonesian Notary Association, thus the existence of INI as the only single notary organization regulated in the UUJN does not contradict the 1945 Constitution. Instead of being impressed as an attempt to ignore the value of Human Rights (HAM), Freedom in Notary organizations is only based on ethical freedom which refers to the good or bad of an action measured by the extent to which it provides protection for freedom and expansion of capabilities, which in this case is the capability in carrying out its profession as a Notary and Single Container is a must.
Legal Protection of Creditors in Credit Agreements with Warranties of Power of Attorney Impose Collateral Rights That Have not Been Registered Based on PMA/KBPN NUMBER 22 of 2017 at Pt. BPR Harta Mandiri Pekanbaru Reza Azurma; Yulfasni Yulfasni; Syahrial Razak
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.v1i04.148

Abstract

Encounter rapidly growing, competitive, and integrated national economic development with increasingly complex challenges and an increasingly advanced financial system that requires policy adjustments in the economic field, including banking. Economic recovery is inseparable from the banking business's hazardous credit distribution. Therefore, collateral is significant in the issuance of credit. In practice, the Bank as a creditor provides credit facilities to the debtor. SKMHT was made to become a basis for making a Deed of Mortgage Rights (APHT). However, SKMHT has a term. Thus, both the creditor and the notary / PPAT must pay serious attention to the validity period because the expired SKMHT affects the APHT cannot be registered, so the Bank cannot execute the debtor's default guarantee object. The problems in this study are the factors that affect creditors in credit agreements with SKMHT guarantees that cannot register their rights and how to protect creditor law in credit agreements with SKMHT guarantee based on PMA / KBP Number 22 of 2017. The research method used is juridical-empirical and descriptive analysis, then analyzed qualitatively. Banks in credit binding only limited SKMHT as a bridge to make APHT. When SKMHT cannot be increased to APHT, the Bank cannot execute the guarantee object in the credit agreement. The factors that influence SKMHT cannot be upgraded to APHT because the Bank gives credit on specific credit based on the PMA / KBPN Number 22 of 2017, the process of registration of the mortgage is too long, negligent Notary / PPAT considering the expiry of SKMHT period so that the legal protection that can be done is by filing a civil suit at the local District Court with evidence of the binding of credit agreement between the Bank and the debtor. So that the object of the collateral can be executed.
Comprehensive Research on the ways to Minimize the Disparity of Sentences in Similar Offences in the Malaysian Criminal Justice System Yichen Pan; Wong Jun Hao
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 Yichen Pan
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.

Page 2 of 24 | Total Record : 233

 1   2   3   4   5 

Filter by Year

2023 2025


Reset
Filter By Issues
All Issue Vol. 3 No. 04 (2025): West Science Law and Human Rights Vol. 3 No. 03 (2025): West Science Law and Human Rights Vol. 3 No. 02 (2025): West Science Law and Human Rights Vol. 3 No. 01 (2025): West Science Law and Human Rights Vol. 2 No. 04 (2024): West Science Law and Human Rights Vol. 2 No. 03 (2024): West Science Law and Human Rights Vol. 2 No. 02 (2024): West Science Law and Human Rights Vol. 2 No. 01 (2024): West Science Law and Human Rights Vol. 1 No. 04 (2023): West Science Law and Human Rights Vol. 1 No. 03 (2023): West Science Law and Human Rights Vol. 1 No. 02 (2023): West Science Law and Human Rights Vol. 1 No. 1 (2023): West Science Law and Human Rights More Issue