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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 249 Documents
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Legal Framework and Law Enforcement of Illegal Fishing in Indonesia: A Normative Juridical Approach to the Protection of Maritime Sovereignty Rahmawati, Diah Ayu; Hartantien, Sinarianda Kurnia; Kumalasari, Dewi Ratih; Haryono, Haryono; Endarto, Budi
West Science Law and Human Rights Vol. 3 No. 01 (2025): West Science Law and Human Rights
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v3i01.1652

Abstract

The paper will attempt to discuss illegal fishing in Indonesia from a legal framework and law enforcement perspective and its implications for the protection of maritime sovereignty. Based on this, the research will apply a normative juridical approach, studying in detail the laws, regulations, and practices of enforcement and the various challenges and opportunities arising out of them. Indnesia legal framework through the Fisheries Law no 45 of 2009 and the Presidential Decree no. 115 of 2015 set a good backbone regarding IUU fishing activities; still, poor enforcement is highly seen due to shortcomings in limited resources, corruption, fragmented jurisdiction, and less international cooperation. The paper analyses these discrepancies and assesses Indonesia's current legislation and the efforts carried out on tackling IUU in comparison to relevant international practices. It also gives some recommendations on how to strengthen the legal definition, mechanisms of enforcement, increasing resource allocations, and improvement in international cooperation. The result shows that integrated efforts with more transparency and accountability are needed in order to properly protect Indonesia's maritime sovereignty effectively.
The Role of Labor Law in Settling Industrial Relations Disputes: A Normative Juridical Perspective on the Rights of Workers and the Obligations of Employers in Indonesia Rahmawati, Diah Ayu; Haryono, Haryono; Endarto, Budi; Nuroini, Indi; Hananto, Hananto
West Science Law and Human Rights Vol. 3 No. 01 (2025): West Science Law and Human Rights
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v3i01.1653

Abstract

This research reviews labor law's role in the settlement of disputes in industrial relations within a normative juridical perspective in Indonesia. The research focuses on workers' rights and employers' obligations under Indonesia's labor legislation, mainly Undang-Undang No. 13 Tahun 2003 (the Labor Law). The study examines dispute resolution mechanisms, such as negotiation, mediation, and arbitration through the PHI, their effectiveness in protecting workers' rights, and how well employers adhere to the law. From the results, it is learned that negotiation and mediation are effective at the starting stage, but due to power imbalance and delayed processing in the judicial system, comprehensive settlements could not be achieved. Moreover, inconsistent court decisions, weak enforcement of workers' rights, and lack of adequate union representation remain critical. Concluding, the paper provides recommendations on how Indonesia can better settle labor disputes by strengthening mechanisms for mediation and arbitration, enhancing judicial capacity, and effective enforcement of workers' rights.
Civil Liability for Environmental Damage in Indonesia: An Assessment of Carbon Trading Mechanism's Role for Corporate Responsibility Promotion Rahmawati, Diah Ayu; Haryono, Haryono; Endarto, Budi; Soraya, Joice; Hidayat, Ahmad
West Science Law and Human Rights Vol. 3 No. 01 (2025): West Science Law and Human Rights
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v3i01.1657

Abstract

The paper discusses civil liability for environmental damages in Indonesia, considering the carbon trading mechanisms role in promoting corporate responsibility. Hence, this research has adopted a normative approach, analyzing the existing juridical framework that governs environmental damage and discussing to what extent carbon markets, among other emissions trading systems or carbon taxes, can serve complementary functions of incentivizing corporations toward environmentally responsible behavior. The study identifies loopholes within Indonesia's legal system, particularly for the enforcement of environmental liability laws, and discusses how carbon trading could supplement these deficiencies through financial incentives for reducing emissions. The results show that while the mechanisms of carbon trading hold great potential to promote corporate responsibility, their effectiveness relies on robust market infrastructure, sound systems of monitoring and verification, and integration with existing policies on the environment. The study also finds that to enhance corporate environmental accountability in Indonesia, a combination between legal liability and market-driven incentives is essential.
Income Tax System Rates (Pph) As Well As Effectiveness Towards the State in Indonesia SH, MH, Ujang Badru Jaman; Yunitasari, Vira; Abdul Rozak, Rizki; Firmansyah, Raka Aditya; Anzani, Tiara Azzahra; Hindudom, Ronald Christian
West Science Law and Human Rights Vol. 1 No. 01 (2023): West Science Law and Human Rights
Publisher : Westscience Press

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Abstract

Taxes are a very dominant source of state revenue. This makes taxes the backbone of state finances. Income Tax (PPh) is a tax imposed on individuals or entities on income received or accrued in a Tax Year. Income tax adheres to the Self-system Assessment System, the tax collection system is a system in which the Taxpayer himself calculates, deposits, and reports the tax owed to the Tax Service Office where he is registered. In Income Tax there are various types of rates. Income Tax is obtained as a source of state revenue. The effectiveness of Income Tax in Indonesia runs smoothly as it should. The purpose of this study is to find out how the rates of income tax and the effectiveness of income tax against the Indonesian state. Taxpayers often do not have the awareness and compliance to calculate, report, and pay their taxes owed. To overcome this problem, the Government implements Tax Sanctions. Tax sanctions can be said as a preventive tool so that taxpayers do not violate tax norms, tax sanctions are also made as a shock. therapy so that violators of tax norms do not make the same mistake again. The purpose of this study was to determine whether tax sanctions affect increasing compliance with Taxpayers namely against income tax.
The Urgency of Implementing Illicit Enrichment Regulations in Eradicing Corruption in Indonesia Pratiwi, Juang Intan; Lubis, Arief Fahmi
West Science Law and Human Rights Vol. 1 No. 01 (2023): West Science Law and Human Rights
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v1i1.8

Abstract

Corruption cases in Indonesia are very widespread and even always increase every year. In Indonesia itself, there are regulations regarding corruption, namely the Corruption Law, the TPPK Law, the TPPU Law and other related regulations. However, these regulations are still not able to provide maximum handling. Because it places more emphasis on punishing the perpetrators and has not maximized the recovery of state financial losses. For this reason, a regulation is needed to be able to deal with corruption in Indonesia and optimize the recovery of state financial losses or the return of corrupted assets. Illicit Enrichment is a rule regarding the illegal or unfair wealth of public officials compared to their income. Illicit Enrichment is regulated in the UNCAC convention which was ratified by the United Nations in Mexico and Indonesia is a participating country in the convention as well as ratifying the UNCAC convention. However, until now in Indonesia in the regulations regarding criminal acts of corruption there are still no rules regarding Illicit Enrichment. The urgency of regulation regarding illegitimate assets must be established in Indonesia because the orientation of handling them is to optimize the return of corrupted assets. Illicit Enrichment does not only look at the assets of corruptors who are allegedly related to alleged corruption, but also looks at the entire wealth of public officials, whether this wealth can be accounted for or not.
Legal Protection for People with Mental Disorders According to the Welfare Concept of the Indonesian State Salama, Neneng; LESMANA, SH MH, CSA TEDDY
West Science Law and Human Rights Vol. 1 No. 01 (2023): West Science Law and Human Rights
Publisher : Westscience Press

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Abstract

This study aims to determine the extent of legal protection for people with mental disorders according to the Indonesian state welfare concept. Legal protection is an effort to protect human rights which aims to protect the interests of every citizen in a form of service that must be provided by the government to its citizens to provide a sense of security and peace to every citizen of society. As regulated under the 1945 Constitution of the Republic of Indonesia, the state's responsibility for the protection of human rights is a very important matter. As described in Article 28I Paragraph (4) which reads: "protection, promotion, enforcement and fulfillment of Human Rights is the responsibility of the State, especially the government. Regarding the protection of the rights of people with mental disorders, the government has also passed a special regulation, namely law no. 18 of 2014 concerning Mental Health. To reinforce the government's role in fulfilling the human rights of people with mental disorders, it is included in Article 81 of Law No. 18 of 2014 concerning mental health. In addition, the government is also obliged to be responsible for placing appropriate facilities and infrastructure in fulfilling the right to life for people with mental disorders. This has been regulated in article 77 of Law no. 18 of 2014 concerning Mental Health, reads: "The Government and Regional Governments have the duty and responsibility to provide facilities and infrastructure in the implementation of Mental Health Efforts".
Faketing of Evidence of Tax Invoice That Has Damage to State Revenue (Number : 131/Pid.Sus/2018/PT SMG) Aprianti, Indri; Nuralam, Muhamad Eko; Hidayatullah, M Taufik; Oktavia, Putri Erna; Wulandari, Yuni
West Science Law and Human Rights Vol. 1 No. 01 (2023): West Science Law and Human Rights
Publisher : Westscience Press

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Abstract

The term fictitious tax invoice is also known as an illegitimate tax invoice. According to the Director General of Taxes Circular Number 32/PJ/2010, an invalid tax invoice is a tax invoice that is not based on an actual transaction, and is issued by an entrepreneur who has not been confirmed as a taxable entrepreneur. The term fictitious tax invoice is also known as an illegitimate tax invoice. According to the Director General of Taxes Circular Number 32/PJ/2010, an invalid tax invoice is a tax invoice that is not based on an actual transaction, and is issued by an entrepreneur who has not been confirmed as a taxable entrepreneur. Tax Criminal Case in Blitar District Court Decision No. 556/Pid.B/2013/PN. Found in the indictment given the element of forgery of tax invoices committed by the Defendant, For this reason, according to the author, it is necessary to explain the indictment. The results of the analysis from the authors of the paper stated that in this tax invoice falsification case, the judge's decision against the defendant was considered wise and appropriate but different from the public prosecutor in fact it was still not in accordance with the case.
Tax Administrative Jurisdiction Case Study Tax Court Number 86615/PP/M.XIVA/15/2017 Kanesa, Kanesa; Alfia, Wafa; Annisa, Siti Nur; Latif, Abdul; Hindom, Ronald Kristian
West Science Law and Human Rights Vol. 1 No. 01 (2023): West Science Law and Human Rights
Publisher : Westscience Press

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Abstract

Taxes are mandatory contributions to the state owed by individuals or entities that are coercive based on the law, by not getting compensation directly and used for the needs of the state for the greatest prosperity of the people. Tax payment is a form of embodiment of state obligations and the participation of taxpayers to directly and jointly carry out tax obligations for state financing and national development. This study uses a normative juridical approach, where law is conceptualized as what is written in laws and regulations (law in books) or law is conceptualized as rules or norms which are benchmarks for human behavior that are considered appropriate. This research is a form of descriptive qualitative research. Qualitative research is research that intends to understand phenomena about what is experienced by research subjects such as behavior, perceptions, motivations, actions, etc., holistically, and by describing in the form of words and language, in a specific context that naturally and by utilizing various natural methods. In this case the discussion regarding the tax report between the appellant, namely the taxpayer, and the appealed person, namely the Director General of Taxes or a tax agency and the auditor as a tax office officer. The problem started with the appellant providing data on the amount of tax to be paid by the applicant of 41,117,337,279.00. The data came from the financial reports provided to the IDPL auditor report.
Strengthening the Criminal Law System for National Defense Against Automated Cyber Attacks Based on “Artificial Intelligence” Christina Linda, Adriani Maylinda
West Science Law and Human Rights Vol. 4 No. 01 (2026): West Science Law and Human Rights
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v4i01.2480

Abstract

The development of artificial intelligence (AI) has given rise to automated cyberattacks such as botnets, deepfakes, and adaptive DDoS attacks that challenge the Indonesian criminal justice system due to the complexity of perpetrator identification, legal evidence, digital anonymity, and regulatory gaps in the ITE Law No. 11/2008 and the PDP Law No. 27/2022. This multidisciplinary legal normative research analyzes these challenges through expert interviews, TensorFlow simulations, and a comparison of Indonesia, Japan, and the Netherlands, resulting in the innovative concept of the "Penal AI Attribution Spectrum" for AI-based autonomous criminal attribution and the "AI Penal Readiness Index" (Indonesia's score is 45/100). Current regulations are considered not yet adaptive to the autonomous and global modus operandi of AI, with prospects for strengthening through the 2025 Cyber Security and Resilience Bill (KKS), AI forensic training, and collaboration between the National Cyber Security Agency (BSSN), the Indonesian National Police (Polri), and the Ministry of Law and Human Rights (Kemenkumham) similar to Europol EC3. The conclusion recommends reform of the ITE/PDP Law with an "AI-Enabled Cybercrime" chapter, a cross-sectoral task force, and harmonization of the ASEAN-Budapest Convention for a robust, ethical, and just criminal law system in the digital era.
Equality in Labor Regulations for People with Disabilities in Indonesia Dewi W, Imma Indra; Indhayana Putri, Koleta Donna
West Science Law and Human Rights Vol. 4 No. 01 (2026): West Science Law and Human Rights
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v4i01.2481

Abstract

The right to work for persons with disabilities in Indonesia is regulated in Law No. 8 of 2016 concerning Persons with Disabilities. However, in reality, not all human resources have the same capacity, including persons with disabilities (different abilities). This poses challenges for persons with disabilities in entering the workforce. These challenges arise due to attitudes towards disability in society. Basically, society is still unable to be objective in accepting and assessing differences. Many of the requirements in the recruitment selection process in the world of work still focus on the physical and mental perfection of applicants. Based on human rights, all individuals are equal, and consequently, every individual has equality because, in essence, individuals are equal and have the same status as one another. Equality is a fundamental principle of human rights. With equality, individuals have equal dignity and worth. This research is normative legal research based on issues concerning equal employment regulations and efforts to strengthen equality in the formation of inclusive labor laws for persons with disabilities in Indonesia.

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