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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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Juridical Analysis of Constitutional Court Decision No. 85/PUU-XIV/2016: Examining the Legal Implications of the Law on Regional Head Elections (Law No. 10/2016) Putra, Irman; Lubis, Arief Fahmi
West Science Law and Human Rights Vol. 1 No. 1 (2023): West Science Law and Human Rights
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v1i1.1165

Abstract

This paper provides a juridical analysis of the Constitutional Court Decision No. 85/PUU-XIV/2016, which examines the legal implications of the Regional Head Election Law (Law No. 10/2016). It explores the constitutional context and rationale behind the decision, emphasising its impact on the legal framework governing regional head elections in Indonesia. By dissecting the Constitutional Court's reasoning and the legal principles applied, the analysis aims to explain the impact of the ruling on the democratic process, electoral integrity, and governance at the local level. The findings highlight a significant legal precedent and underline the role of the ruling in shaping future electoral regulations and practices in Indonesia.
Evaluating the Role of Constitutional Amendments in Strengthening Democratic Governance in Indonesia Putra, Irman; Lubis, Arief Fahmi
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.v1i03.1166

Abstract

This study evaluates the role of constitutional amendments in strengthening democratic governance in Indonesia through qualitative juridical analysis. This research examines how amendments to the Indonesian Constitution since the Reform Era have affected the democratic process and governance structure. Key changes include the establishment of the Constitutional Court, direct presidential elections, and greater regional autonomy. The research findings show that while these amendments have contributed significantly to democratisation by improving the separation of powers, checks and balances, and the protection of human rights, there are still some challenges to effective implementation. The study concludes with recommendations for further reforms to strengthen Indonesia's democratic governance framework.
Judicial Review and Constitutional Interpretation: The Development of the Role of the Indonesian Constitutional Court Putra, Irman; Lubis, Arief Fahmi
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.v1i04.1167

Abstract

This research examines the role of Indonesia's Constitutional Court in constitutional review and interpretation, focusing on its development, key jurisprudential contributions, and the balance between judicial activism and restraint. Through a comprehensive analysis of landmark cases and scholarly literature, this research highlights the impact of the Constitutional Court on law and governance in Indonesia. The research reveals that while the Constitutional Court has demonstrated judicial activism by protecting fundamental rights and shaping the democratic process, it has also exercised restraint to maintain institutional balance and avoid political overreach. The Court's rulings on issues ranging from human rights to electoral law underscore its important role in upholding constitutional principles. However, the research also identified challenges relating to consistency, transparency and independence, which are critical to maintaining the Court's legitimacy and effectiveness. The findings suggest that the Court's ability to address these challenges will be critical to its future role in Indonesia's democratic framework.
Human Rights Protection under the Indonesian Constitution: Progress and Challenges Putra, Irman; Lubis, Arief Fahmi
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.v2i01.1168

Abstract

This paper examines the protection of human rights under the Indonesian Constitution, focusing on the progress that has been made and the challenges faced. Using a combination of juridical analysis and literature review, it evaluates the effectiveness of constitutional provisions designed to protect human rights and their alignment with international standards. The research highlights significant achievements, including including human rights guarantees in the 1945 Constitution and establishing key institutions such as the National Human Rights Commission (Komnas HAM) and the Constitutional Court. Despite these advances, the study identifies persistent problems such as inadequate law enforcement, systemic discrimination, and limited access to justice. These findings underscore the need for better implementation mechanisms, greater institutional support, and targeted policies to address the gap between constitutional ideals and practical outcomes. The paper concludes with recommendations for future research and policy reforms to strengthen human rights protection in Indonesia.
Decentralisation and Constitutional Law in Indonesia: Balancing Regional Autonomy and National Unity Putra, Irman; Lubis, Arief Fahmi
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.v2i02.1169

Abstract

This paper examines the normative aspects of decentralization and constitutional law in Indonesia, focusing on the balance between regional autonomy and national unity. Through a doctrinal analysis of constitutional provisions, key legislation, and judicial interpretations, alongside qualitative case studies, the study explores how Indonesia has navigated the complex relationship between empowering local governance and maintaining a cohesive national identity. The findings reveal that while the legal framework provides for significant regional autonomy, challenges remain in ensuring uniformity in law enforcement, addressing regional disparities, and preventing fragmentation. The study highlights the need for a nuanced approach to decentralization that accommodates regional diversity while fostering national unity, offering recommendations for strengthening local governance, enhancing equitable resource distribution, and refining the legal and regulatory frameworks.
The Constitutionality of the Presidential Threshold Provisions in Indonesian Election Law: A Juridical Review of Law No. 7/2017 on General Elections Putra, Irman; 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.v2i03.1170

Abstract

This study critically examines the constitutionality of the presidential nomination threshold provision stipulated in Law No. 7/2017 on General Elections. By conducting a juridical analysis, this research explores the legal and constitutional underpinnings of the presidential nomination threshold, which mandates a minimum percentage of parliamentary seats or popular votes for a political party or coalition to nominate a presidential candidate. The analysis explores the historical context, legislative intent and judicial interpretation of the threshold provision. It also assesses the impact of these provisions on political competition, electoral fairness and democratic representation in Indonesia. It identifies potential constitutional conflicts and proposes legal reforms to enhance the legitimacy and inclusiveness of the presidential election process. Through a comprehensive legal review, this research aims to contribute to the ongoing discourse on electoral law and democratic governance in Indonesia.
Legal Protection for Phishing Victims : Reviewed from Indonesian Positive Law Putri, Olivia Audriana; Windajani, E. Imma Indra Dewi
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.v2i03.1178

Abstract

In this age of digitalization, phishing has become a crime that is close to human life. In phishing crimes, the perpetrator's identity is mostly unknown or anonymous. The perpetrator's identity is the primary key for processing a lawsuit in court. Victims who don’t know the real identity of the phisher will not be able to file a lawsuit for compensation. This study aims to determine the legal protection the state provides to phishing victims, especially in terms of compensation. This research uses a juridical-normative method with data collection through a literature study. Law No. 1 of 2024 on the Second Amendment to Law No. 11 of 2008 regarding Electronic Information and Transactions (ITE Law), Law No. 27 of 2022 regarding Personal Data Protection (PDP Law), and other constitutional regulations are the primary legal materials in this research. The secondary legal materials are relevant research results, journals, and books. Based on the research conducted, it has been shown that it’s necessary to establish the real identity of the perpetrator who can be responsible for compensating the victims of phishing. The difficulty of finding phishers who can hide their real identities and digital footprints are the main obstacle to compensating phishing victims.
Obligation to Use Rupiah in Business Transactions in Indonesia Indrawati, Etty; Windajani, E. Imma Indra Dewi; Kastowo, C.; Shalom, Efraim Yehuda
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.v2i03.1216

Abstract

The Unitary State of the Republic of Indonesia as an independent and sovereign country, has a currency as a symbol of state sovereignty that must be respected and proud of by all Indonesian citizens. The rupiah is the currency of the Unitary State of the Republic of Indonesia which applies as a mandatory and legal payment instrument in the territory of the Unitary State of the Republic of Indonesia. However, there are areas in Indonesia that do not use Indonesian currency (Rupiah) as the main instrument of business transactions, especially in the border area between Indonesia and Malaysia. This raises the issue of the circulation of foreign currency as a tool for business transactions in the territory of Indonesia, which in turn creates competition between Rupiah and Ringgit in the economic circulation of the community in Indonesia. The purpose of this study is to determine the preventive and repressive efforts that can be made by the Indonesian government and Bank Indonesia to minimize violations of the use of foreign currencies in the territory of Indonesia, as regulated in Law Number 7 of 2011 concerning Currencies and Bank Indonesia Regulation Number 17/3/PBI/2015 concerning Obligations to Use Rupiah in the Territory of the Unitary State of the Republic of Indonesia. This research is normative legal research through library research by tracing secondary data in the form of primary legal materials, secondary legal materials, and tertiary legal materials, using documentation methods and instruments in the form of document studies. Then, the data were analyzed using qualitative analysis. The results of this research indicate that some preventive efforts can be made by the government and Bank Indonesia. The first is strengthening juridical instruments by the Government and Bank Indonesia. The second is the government together with Bank Indonesia must carry out a socialization and education movement related to the obligation to use Rupiah currency. The third is the government must build economic infrastructure facilities. The fourth is the government and Bank Indonesia can encourage the public to use Rupiah currency in electronic and digital forms. In this research, repressive efforts are not needed, because they can be resolved with preventive efforts, except in certain offenses that threaten the country's economic turnover or endanger the existence of the Rupiah currency on a massive scale.
Analysis of Cross-Border Trade Between Countries: Normative Study Between Indonesia and Countries with Direct Land Borders Windajani, E. Imma Indra Dewi; Indrawati, Etty; Putri, Koleta Donna Indhayana
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.v2i03.1218

Abstract

Based on Government Regulation Number 34 Year of 2019 on Border Trade, economic transactions in cross-border trade are permitted with certain restrictions. These limitations include the type of goods, the quantity of purchases, and the trading system of trade goods. The types and maximum purchase limits are regulated in the bilateral Border Trade Agreement (BTA) and Border Crossing Agreement (BCA). In practice, transactions exceed the limits of transaction value specified in bilateral agreements and governing laws and regulations, causing losses to the state. There are two purposes of this research. The first is to explore and analyze the factors causing irregularities in cross-border trade transactions and the second is to explore the efforts to minimize them. This research is normative legal research through library research by tracing secondary data in the form of primary legal materials and secondary legal materials, using documentation methods and instruments in the form of document studies. Then, data were analyzed using qualitative analysis. There are two results of this research. The first is four factors that cause deviations in cross-border trade transactions, including economic factors, infrastructure factors, and juridical factors. The second is the efforts that can be made to minimize deviations in cross-border trade transactions including preemptive efforts in the form of instilling good values that are internalized into a person, preventive efforts in the form of preventive actions, and repressive efforts in the form of law enforcement actions.
The Impact of the Implementation of Complete Systematic Land Registration on Legal Certainty in the Registration of Land Ownership Rights in Indonesia Krismantoro, Damianus; Hutapea, Maria; Joe, Christian
West Science Law and Human Rights Vol. 2 No. 04 (2024): West Science Law and Human Rights
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v2i04.1241

Abstract

The establishment of legal certainty is one of the goals of land registration. Both Article 19 of the UUPA and Article 3 of Government Regulation No. 24 of 1997 on Land Registration support this. Both methodical and haphazard land registration may lead to legal certainty in the form of certificates. Initiated in 2016, the Complete Systematic Land Registration Program is still running. The Impact of Complete Systematic Land Registration Implementation on Legal Certainty in the Registration of Property Rights in Indonesia is the title of this study. The purpose of this study is to look at how Complete Systematic Land Registration could affect Indonesia's property rights registration system's legal certainty. Normative legal research employing secondary data is what this work does. According to a 2024 study, the National Land Agency, the government, saw both good and negative effects from the implementation of Complete Systematic Land Registration, in addition to benefits for participating landowners.

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