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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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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.

Page 24 of 24 | Total Record : 233

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