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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
Performance of Law Enforcement Officials in the Application of Article 33 of Law No. 11 of 2012 in the Vina Cirebon Case Hamid, Sainul; Sufriaman, Sufriaman; Triyantoro, Andri
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.v2i03.1116

Abstract

This study examines the performance of law enforcement officials in applying Article 33 of Law No. 11 of 2012 within the context of the Vina Cirebon case. Utilizing a qualitative approach, the research employs juridical normative analysis to explore the effectiveness and challenges faced by officials in enforcing the law. The findings reveal varying levels of understanding and awareness of Article 33 among law enforcement officials, impacting the consistency and effectiveness of its application. Key challenges identified include insufficient training and resources, discretionary decision-making, and difficulties in victim participation. Despite the potential benefits of diversionary measures, inconsistencies in their application and a lack of follow-up mechanisms hindered their effectiveness. The study concludes with recommendations for enhancing training programs, standardizing procedures, improving victim engagement, and increasing resources to support the successful implementation of diversion measures. This research contributes to a deeper understanding of the practical implications of legal provisions and offers recommendations for strengthening the juvenile justice system in Indonesia.
Legal Analysis of the TAPERA Programme in Increasing the Availability of Housing for Low-Income Communities in Indonesia Based on PP No. 21 of 2024 Nasution, Emmi Rahmiwita; Solapari, Nuryati; Triastuti, Yuli
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.v2i03.1117

Abstract

This study conducts a normative juridical analysis of the TAPERA Programme, established by Government Regulation No. 21 of 2024, focusing on its efficacy in increasing the availability of housing for low-income communities in Indonesia. The TAPERA Programme aims to address housing affordability by encouraging savings among low-income individuals and providing financial assistance for housing needs. This research examines the legal framework, operational mechanisms, and regulatory environment of the programme, assessing its alignment with national housing policies and its potential impact. The findings indicate that while the TAPERA Programme holds significant promise due to its inclusive approach and emphasis on sustainability, challenges related to participation rates, implementation efficiency, and regulatory coherence need to be addressed. This analysis contributes to a deeper understanding of the legal and regulatory dimensions of housing policies in Indonesia, providing insights for policymakers and stakeholders involved in housing development for low-income communities.
The Urgency of Presidential Regulation No. 21 of 2024 in the Context of Social Assistance and Online Gambling in Indonesia Ayu, Nur; Lubis, Tetty Melina; Lubis, Arief Fahmi
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.v2i03.1118

Abstract

This study examines the urgency of Presidential Regulation No. 21 of 2024 in addressing the dual issues of social assistance distribution and online gambling in Indonesia through a normative juridical analysis. The regulation aims to enhance the efficiency and transparency of social assistance programs while implementing stringent measures to control the proliferation of online gambling. Key provisions include the establishment of a centralized database, digital payment systems, regular audits, and strict licensing requirements for online gambling platforms. The analysis reveals that these measures are well-aligned with existing laws and have the potential to significantly improve social welfare and mitigate the negative impacts of online gambling. However, successful implementation will require overcoming challenges such as bureaucratic resistance and technological infrastructure needs. The study underscores the regulation's pivotal role in promoting social welfare and provides insights for policymakers to further strengthen regulatory frameworks in these areas.
Evaluation of the Regional Head Age Limit Policy in Indonesia After the Supreme Court Decision Number 23 P / HUM / 2024 Hamid, La Ode Purnama; Islami, Nabiel Fikril; Jaya, Karman
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.v2i03.1119

Abstract

This study evaluates the regional head age limit policy in Indonesia following the Supreme Court Decision Number 23 P/HUM/2024 through a normative juridical analysis. The age limit policy, governed by Law No. 10 of 2016, aims to ensure capable leadership by imposing a minimum age requirement for candidates. However, the Supreme Court's decision raises questions about the policy's alignment with constitutional principles of equality, non-discrimination, and democratic participation. The analysis examines statutory regulations, legal principles, and comparative insights from other democratic countries to understand the policy's rationale and implications. Findings highlight the need for a balanced approach that ensures legal consistency and promotes inclusive, effective regional governance. Recommendations include lowering the minimum age requirement, implementing a flexible age range, and incorporating empirical evidence to refine the policy, ensuring it serves the principles of justice, democratic participation, and effective governance.
Analysis of the Effectiveness of Customs Services in the Perspective of Law in Indonesia Jahir, Siska sanjahaya; Lubis, Tetty Melina; Lubis, Arief Fahmi
West Science Law and Human Rights Vol. 2 No. 03 (2024): West Science Law and Human Rights
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v2i03.1121

Abstract

This study aims to analyze the effectiveness of customs services in Indonesia from a legal perspective, utilizing a normative juridical approach. It examines the regulatory framework governing customs operations, identifies implementation gaps, and assesses enforcement mechanisms. Key areas of focus include bureaucratic inefficiencies, transparency issues, technological integration, and compliance enforcement. The findings highlight significant challenges in the current customs service framework, such as lengthy procedures, corruption, and inadequate use of technology. Recommendations are proposed to streamline procedures, enhance transparency, invest in technology, strengthen enforcement, and adopt international best practices. These improvements are essential for aligning Indonesia's customs services with international standards and supporting economic growth through enhanced trade facilitation.
The Effectiveness of Indonesia's Anti-Corruption Law on Legal Reform and Implementation Tomagola, Ardy Gunawan; Yaurwarin, Wahid; Rahajaan, Jakobus Anakletus; Sahetapy, Agustinus Jonas; Kalauw, Reni Wahyuni
West Science Law and Human Rights Vol. 2 No. 03 (2024): West Science Law and Human Rights
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v2i03.1129

Abstract

This study examines the efficacy of Indonesia's anti-corruption legislation in the wider framework of legislative restructuring and its execution. The paper investigates the legal frameworks and regulatory measures implemented to combat corruption, using a normative juridical analysis. The primary objective is to examine the impact of these laws on legal reform, evaluate their enforcement, and highlight the problems encountered in their practical implementation. The results demonstrate substantial advancements in legislative actions, but also underscore enduring barriers in execution, such as legal ambiguities, administrative stagnation, and corruption within law enforcement entities. This study highlights the importance of implementing comprehensive legal reforms and strong policies to improve the effectiveness of anti-corruption measures in Indonesia. Guidelines are given to promote future anti-corruption efforts by improving the legislative framework, increasing institutional capability, and cultivating political backing.
Legal Certainty of Patients’ Right to Autonomy Protection in High-Risk Health Services Anggra Yudha Ramadianto; Neni Sri Imaniyati
West Science Law and Human Rights Vol. 2 No. 03 (2024): West Science Law and Human Rights
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v2i03.1148

Abstract

The relationship between medical personnel and patients in health services should be viewed as a legal relationship between humans who have equal rights. There are two basic human rights in health services, the right to autonomy and the right to information. The results of the study indicate that the protection of patients' autonomy rights is one of the principles in biomedical ethics used as the moral basis for the provision of health services. The form of protection of patients' autonomy rights in health services is realized through regulations related to Informed Consent in Law Number 17 of 2023 Concerning Health and Minister of Health Regulation Number 290 of 2008 Concerning Consent to Medical Actions. Meanwhile, regulations related to the protection of patients' autonomy rights for high-risk health care actions have not met legal certainty because the health care actions are not classified as high-risk.
Analysis of Interfaith Marriage Arrangements in Islamic Family Law: Multiculturalism and Social Harmony Perspectives Anam, Khoirul
West Science Law and Human Rights Vol. 2 No. 04 (2024): West Science Law and Human Rights
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v2i04.1154

Abstract

This research aims to understand the analysis of Interfaith Marriage Arrangements in Islamic Family Law: Multiculturalism and Social Harmony Perspectives.Normative research is legal research that places law as a system of norms. The norm system itself is related to the principles, norms, rules of the legislation itself. The approach of examining statutory regulations aims to find out how consistent and appropriate the laws are with the legal problem or case being studied. Data collection techniques are a way of recording events or information, characteristics and all forms of information that describe the object of research. The results of research on interfaith marriages according to Islamic law as contained in the Word of Allah, Surah al-Baqarah verse 221, have confirmed that interfaith marriages are absolutely forbidden, apart from that, if you continue to carry out an interfaith marriage, many disputes will arise in the household because both partners have different opinions and beliefs. Interfaith marriage in Indonesia is a reality that continues to occur even though state law and religious law expressly prohibit it. In fact, if you look closely, Law no. 39 of 1999 concerning Human Rights in Indonesia does not explicitly regulate interfaith marriages. On the issue of more detailed marriage regulations, including the issue of interfaith marriages, Human Rights still returns it to the applicable laws and regulations, which in this case the Marriage Law in Indonesia is Law no. 1 in 1974.
Legal Protection of Intellectual Property Rights in the Digital Industry: A Review of Legal Developments and Implementation Challenges Anam, Khoirul
West Science Law and Human Rights Vol. 2 No. 04 (2024): West Science Law and Human Rights
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v2i04.1155

Abstract

This research aims to understand the Legal Protection of Intellectual Property Rights in the Digital Industry: A Review of Legal Developments and Implementation Challenges.The literature study will also include a review of relevant legal literature, especially relating to intellectual property protection in the digital era. In addition, legal sources related to IPR in the digital era are also an important basis for this analysis, ensuring a deep understanding of the existing regulatory framework. By utilizing the latest literature and relevant legal sources, this research can provide a comprehensive understanding of the challenges, trends and solutions in protecting IPR amidst the dynamics of digital technology. Research results Legal protection of intellectual property rights (IPR) in the digital era is a complex and vital issue that requires a holistic approach. Challenges include copyright infringement, data security, and global competition for patents and trademarks. Strong and effective regulations are needed to address these challenges without stifling innovation and economic growth. Awareness of the importance of intellectual property rights must be increased through extensive educational campaigns and programs by increasing their understanding of copyright, patents, trademarks and industrial designs, individuals will play a greater role in respecting and protecting intellectual property rights in the digital era.
Constitutionalism and the Rule of Law in Indonesia: Historical Development and Contemporary Issues Putra, Irman; Lubis, Arief Fahmi
West Science Law and Human Rights Vol. 1 No. 02 (2023): West Science Law and Human Rights
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v1i02.1164

Abstract

This paper explores the historical development and contemporary issues of constitutionalism and the rule of law in Indonesia through juridical analysis and literature review. The study traces the evolution of Indonesian law from the colonial period, through the ratification of the 1945 Constitution, the Guided Democracy and New Order regimes, and the Reformation era. It highlights key milestones and challenges in building a strong constitutional democracy. Contemporary issues such as judicial independence, human rights, and governance are analysed to understand ongoing efforts and obstacles in strengthening the rule of law in Indonesia. By synthesising existing literature and legal texts, this paper provides a comprehensive overview of Indonesia's legal trajectory and current challenges, and offers insights into future reforms needed to enhance constitutional governance.