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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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Justice for Children: Exploring Juvenile Criminal Law in Indonesia Widowati, Widowati
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.v2i04.1307

Abstract

AJuvenile justice is a significant aspect of any criminal justice system, especially in countries where children's rights are enshrined in law. In Indonesia, the juvenile criminal justice system has evolved considerably, with a focus on rehabilitation and protection of the child’s welfare. This article delves into Indonesia's juvenile criminal laws, specifically Law No. 11 of 2012 on the Juvenile Criminal Justice System, which introduced a more restorative approach to dealing with child offenders. The paper explores how Indonesia balances punishment with rehabilitation, analyzing the effectiveness of this system compared to global standards. By examining case studies, legal frameworks, and rehabilitation programs, the study evaluates how well these laws serve the interests of both society and juvenile offenders. The article also discusses challenges such as inconsistencies in implementation, socio-economic disparities, and public perceptions of juvenile justice. Finally, recommendations are provided to enhance the efficiency and fairness of juvenile criminal law in Indonesia.
The Future of Children in the Criminal Justice System: Restorative or Retributive Approach Widowati, Widowati
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.v2i04.1308

Abstract

The future of children within criminal justice systems raises fundamental questions about the best approach to both punishment and rehabilitation. This paper explores the competing paradigms of restorative and retributive justice, examining their impact on child offenders. Restorative justice focuses on rehabilitation, reconciliation, and reintegration into society, while retributive justice emphasizes punishment proportionate to the crime. Through an analysis of global case studies, legal frameworks, and criminological theories, this study assesses the effectiveness of each approach. It argues that restorative justice, though underutilized, offers more promising outcomes for reducing recidivism among child offenders, while retributive measures often fail to address the root causes of juvenile delinquency. The paper concludes by recommending a shift towards a more restorative model in juvenile justice systems, emphasizing the need for comprehensive policy reform to prioritize the long-term welfare of child offenders.
Flexibility and Adaptation of Contract Law: Comparative Study Between Indonesia's Civil Law System and Singapore's Common Law Syafa'i, Imam; Megasari, Indah Dewi
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.v2i04.1323

Abstract

This study aims to explore the differences in the flexibility and adaptation of contract law in Indonesia which adheres to the civil law system and Singapore which is based on common law, as well as its implications for modern business. Contract law in Indonesia is still heavily dependent on the Civil Code (KUHPerdata), which dates back to the colonial era and has not undergone significant updates. This has led to stiffness in the implementation of contracts, especially in fast-growing business sectors such as digital technology. In contrast, Singapore has adopted a common law system, which is more flexible and able to adapt to changes in the economy and international business dynamics through the use of precedents. In a business context, flexibility and legal adaptation are essential because contracts often have to adapt to new emerging needs, including changes in technology, regulations, and market conditions. This study uses a normative juridical approach with a comparative method, examining laws, court decisions, and related academic literature. The case study of business contracts between Indonesian and Singaporean companies in the technology sector is also used as a study material to provide a practical view of the effectiveness of each country's legal system in facing contemporary business challenges. The results show that Singapore excels in contract flexibility due to the use of precedents that allow for legal adjustments without the need for formal legislative changes. On the other hand, contract law in Indonesia is often unable to keep up with rapid developments due to rigid and outdated regulatory limitations. This difference has an impact on the speed and efficiency of contract dispute resolution in both countries, with Singapore being able to resolve disputes more quickly through a more responsive system. This study concludes that to increase competitiveness in the global economy, Indonesia needs to reform the Civil Code to be more flexible and adaptive like the one implemented in Singapore. These recommendations are important to ensure that Indonesia can create a more competitive business environment and support innovation, especially in the ever-evolving digital era.
Cross-Border Enforcement of Consumer Banking Law Haryanto, Joni
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.v2i04.1327

Abstract

This literature review examines the ongoing challenges and advancements in consumer protection within international finance and arbitration. It highlights regulatory failures, particularly in the context of high-profile financial scandals, underscoring the necessity for more robust financial regulations. The review discusses the issues of cross-jurisdictional consumer protection, focusing on the implications of regulatory arbitrage and its detrimental effects on consumer rights in global contexts. Additionally, it addresses the role of online dispute resolution as a means to reduce barriers to justice in cross-border financial transactions. The importance of fairness and efficiency in consumer arbitration processes is emphasized, particularly in relation to emerging digital finance models. The review also explores the critical issues of transparency and potential bias in international financial dispute resolution. Furthermore, it underscores the urgent need for reforms in international commercial law to effectively protect consumers amid the complexities of globalization and evolving financial landscapes. This compilation of insights presents a comprehensive understanding of consumer protection in cross-border financial environments, illustrating the necessity for improved regulatory frameworks and dispute resolution mechanisms to safeguard consumer rights effectively.
Study of Living Law and its Implication in the Formation of the Criminal Code (KUHP) in the Era of Decentralization of Indonesian Laws Zuwanda, Zulkham Sadat; Sopian, Sopian
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.v2i04.1363

Abstract

This study explores the implications of living law in the formation of Indonesia's Criminal Code during the era of legal decentralization. Living law, comprising unwritten customs and traditions, continues to play a vital role in many Indonesian communities, particularly in the context of criminal justice. The research employs a juridical analysis and case study approach, focusing on regions where adat law (customary law) significantly influences legal practices. The findings reveal both the benefits and challenges of integrating living law into the formal legal system. While living law enhances cultural relevance and community-based justice, it also introduces concerns about legal fragmentation and potential conflicts with national human rights standards. The study recommends selective incorporation of living law into the Criminal Code, along with efforts to codify regional customs to ensure consistency and legal certainty. This research contributes to the ongoing debate on legal pluralism in Indonesia, offering insights into the future of criminal law reform in a decentralized system.
The Effect of Law Number 7 of 2021 on Harmonization of Tax Regulations on Fiscal Justice in Indonesia Judijanto, Loso; Muhtadi, Muhamad Ammar
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.v2i04.1364

Abstract

Law No. 7 of 2021 on Harmonisation of Tax Regulations is a landmark reform in Indonesia aimed at enhancing tax compliance, promoting fiscal justice, and aligning the country’s tax framework with international standards. This study provides a jurisdictional analysis of the law, examining its key provisions, impact on tax compliance, revenue collection, and socio-economic implications. The results show that the law has significantly broadened the tax base, improved tax transparency, and introduced progressive measures to promote equity, including a carbon tax and revised income tax brackets. However, challenges remain in ensuring that the benefits are distributed equitably across all income groups and sectors. The study concludes that while Law No. 7 of 2021 represents a significant step toward achieving fiscal justice, further refinement and support for smaller enterprises are required to fully realize its potential.
The Role of Law of the Republic of Indonesia Number 12 of 2022 concerning Sexual Violence Crimes in Handling Cases of Gender-Based Violence in Indonesia Zuwanda, Zulkham Sadat; Triyantoro, Andri
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.v2i04.1365

Abstract

This paper examines the application of Law Number 12 of 2022 on the Crime of Sexual Violence in addressing cases of gender-based violence (GBV) within Indonesia’s creative economy. Using a juridical analysis approach, the study explores the effectiveness of the law in protecting victims, prosecuting offenders, and preventing future incidents of sexual violence in a sector characterized by informal employment and unique workplace dynamics. Case studies of sexual violence incidents in the creative economy reveal challenges in reporting, barriers in legal processes, and the critical role of industry stakeholders in mitigating or enabling GBV. While the law offers comprehensive protections, including victim support and criminal sanctions, its effective implementation requires enhanced law enforcement training, workplace safety policies, and accessible reporting mechanisms. The study concludes with recommendations to strengthen the application of Law Number 12 of 2022, ensuring greater protection for creative industry workers from gender-based violence.
Juridical Analysis of Law Number 11 of 2008 on Electronic Information and Transactions (ITE) and its Impact on Creative Economy Development in Indonesia Judijanto, Loso; Khuan, Hendri
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.v2i04.1366

Abstract

This paper provides a juridical analysis of Law Number 11 of 2008 on Electronic Information and Transactions (ITE) and its impact on the development of the creative economy in Indonesia. The ITE Law was enacted to regulate online transactions and protect intellectual property, serving as a crucial framework for digital platforms that are essential to creative industries. However, the law has raised concerns regarding its vague defamation provisions, which have sometimes been applied in ways that stifle freedom of expression. Through a normative juridical approach and case study analysis, this research evaluates the effectiveness of the ITE Law in supporting the creative economy while identifying legal gaps and challenges in enforcement. The findings reveal that although the law provides necessary protections, reforms are needed to clarify its provisions and strengthen enforcement mechanisms to better serve Indonesia’s rapidly growing creative sector.
Normative Study of Law No. 27 of 2022 on the Protection of Personal Data and its Impact on the Fintech Industry in Indonesia Zuwanda, Zulkham Sadat; Judijanto, Loso; Khuan, Hendri; Triyantoro, Andri
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.v2i04.1367

Abstract

The enactment of Law No. 27 of 2022 on Personal Data Protection marks a pivotal moment in Indonesia’s regulatory framework, particularly for industries that handle significant amounts of personal data, such as the financial technology (fintech) sector. This study provides a normative juridical analysis of the PDP Law and examines its impact on the fintech industry. The research focuses on the law’s key provisions, including consent requirements, data breach notification, and data security obligations. Additionally, the study explores the operational challenges fintech companies face in complying with the law, such as the costs of compliance, technical requirements, and the need for employee training. While the PDP Law enhances consumer trust by offering greater protection and transparency, it also presents hurdles that fintech firms must overcome to ensure compliance. The analysis concludes with recommendations for fintech companies to balance legal obligations with innovation to maintain competitiveness in Indonesia’s evolving digital economy.
Carbon Trading and Environmental Justice: A Juridical Examination of Fairness in Indonesia's Emissions Reduction Initiative Rahmawati, Diah Ayu; Haryono, Haryono; Endarto, Budi; Soraya, Joice; Ngaisah, Siti
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.v2i04.1373

Abstract

This paper provides a normative juridical analysis of Indonesia's carbon trading regulations, with a focus on environmental justice and fairness. It examines the legal framework established by Presidential Regulation No. 98 of 2021, which governs carbon pricing mechanisms, including carbon taxes and carbon credit trading. The analysis highlights key gaps in the regulation, particularly in terms of equitable benefit distribution and inclusion of vulnerable communities in decision-making processes. While Indonesia's carbon trading system aligns with global trends and its international obligations, significant improvements are needed to ensure that marginalized groups are not further disadvantaged. Recommendations include the redistribution of carbon trading revenues, enhanced public participation, stronger enforcement mechanisms, and alignment with international best practices.

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