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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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Sexual Violence in Public Spaces: A Criminological Study of Social and Cultural Factors Guntara, Peter; Pangesti, Trias; Agista, Yessa Ayu
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.v4i01.2512

Abstract

Sexual violence in public spaces continues to increase in both physical and digital spaces. This study aims to analyze the social and cultural factors that influence the occurrence of sexual violence and assess the implementation of law enforcement through a normative juridical approach. Using primary legal materials such as the TPKS Law, the Criminal Code, and sectoral regulations, as well as secondary legal materials such as criminology literature and academic studies, this study found that sexual violence in public spaces is influenced by the dominance of patriarchal culture, the normalization of aggressive sexual behavior, the practice of victim blaming, the weakness of the public space surveillance system, and the limitations of institutional responses. From a legal perspective, the TPKS Law provides a comprehensive legal basis for the prevention and handling of sexual violence, including reporting mechanisms, victim-friendly investigations, evidence-based electronic evidence, and victim recovery. However, its implementation still faces structural obstacles such as a lack of gender education, a lack of gender-responsive policies in public institutions, and a social culture that tolerates violence. These findings underscore the need for a holistic prevention strategy that combines law enforcement, gender education, strengthening the design of public spaces, and cultural change campaigns to create safe and gender-equitable public spaces.  
The Significance of Pancasila Education in Higher Education Institutions for Improving Students’ Legal Awareness Sitepu, Roberto; Indrawati, Etty; Handoyo, Richard Willie
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.v4i1.2523

Abstract

Pancasila is the philosophical foundation of the Indonesian nation, serving as the guiding vision for education and character development. One aspect of character building that is important to develop through Pancasila Education is the development of legal awareness, especially in shaping students who understand their own rights and obligations and those of others, and in creating an orderly and fair environment. This study aims to analyze the significance of Pancasila Education in increasing legal awareness among university students and to identify strategies for implementing Pancasila Education in order to increase legal awareness among university students. This study employs a combination of qualitative and quantitative methods, utilizing a normative approach. The results of the study show that Pancasila Education is still significant in higher education to increase legal awareness among students, with adaptive implementation and strong dedication needed to overcome challenges and maintain its relevance among students.
The Registration of Waqf Land in Realizing Legal Certainty in Indonesia Krismantoro, Damianus; Hutapea, Maria; Pramesti Kristiyadi, Tiany Swastika
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.v4i01.2536

Abstract

Waqf is one of the acts of worship of Muslims. Law Number 41 of 2004 stipulates that waqf is a legal act by a waqif to separate and/or transfer part of his property to be used forever or for a certain period of time in accordance with his interests for the purposes of worship and/or public welfare in accordance with sharia. The waqf of land ownership in Indonesia requires professional management so that it can become a religious institution as well as an institution that can help the economy of Muslims. Waqf requires legal certainty to avoid conflicts in the future. Legal certainty is obtained by registering the waqf at the Land Office so that a certificate is obtained which serves as proof of ownership of the waqf land. The method used in this study is the normative juridical method. The data sources are secondary data. The data collection method was conducted through a literature study. Data processing was carried out using descriptive analysis. The registration of Waqf Land in the National Land Law System is carried out through the Land Registration mechanism regulated in Government Regulation Number 24 of 1997 in conjunction with Government Regulation Number 18 of 2021.
Public Protection from The Risk of Criminality Based on Artificial Intelligence from a Legal Perspective Modern Crime Boekan, Maria
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.v4i01.2546

Abstract

The development of artificial intelligence (AI) has brought about significant changes in the social, economic, and legal order. Despite the various benefits offered, the use of AI also opens up the possibility of new forms of crime that are increasingly complex, automated, transcend national borders, and difficult to identify. AI-based crimes include automated fraud, identity forgery through deepfake technology, adaptive cyberattacks, misuse of personal data, and transnational cybercrime. These phenomena pose serious threats to public security, national resilience, and public trust in digital governance. Therefore, this study examines crime patterns that utilize AI and analyzes modern criminal law responses to these risks, both in the Indonesian context and internationally. This study uses a normative juridical method with a statutory and conceptual approach to examine criminal law norms, the regulation of cybercrime, and international instruments related to the use of artificial intelligence (AI). The results of the study indicate that modern criminal law still essentially places humans and corporations as the primary subjects of criminal responsibility, while AI is viewed as a means or tool that can be exploited in committing crimes. Therefore, to ensure effective public protection from AI-based crimes, adaptive legal reforms, prevention-oriented law enforcement, strengthening corporate criminal liability, and increased international cooperation are needed.
Supervision of Law Enforcement Authority Through Pre-Trial in the 2025 Criminal Code Yasir, Muhammad
West Science Law and Human Rights Vol. 3 No. 04 (2025): West Science Law and Human Rights
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v3i04.2598

Abstract

This study aims to analyze whether the 2025 Criminal Procedure Code (KUHAP) has addressed the substantive weaknesses of pretrial proceedings, how law enforcement authorities are monitored through pretrial proceedings in the 2025 Criminal Procedure Code, and how pretrial proceedings differ from those in the 2025 Criminal Procedure Code (KUHAP) with Habeas Corpus in the UK and Rechter Commissioner in the Netherlands. This research is descriptive, using a statutory, conceptual, and comparative legal approach. It utilizes secondary data and is analyzed qualitatively. The results indicate that: 1) Substantially, the 2025 Criminal Procedure Code has attempted to address the weaknesses of pretrial proceedings, namely by expanding the scope and strengthening the pretrial mechanism, with the exception of the still unclear third party, the focus of the examination, and the procedural law used. 2) Supervision of law enforcement authorities through pretrial proceedings in the 2025 Criminal Procedure Code The scope of pretrial proceedings has expanded, with the addition of: suspect determination, searches, seizures, wiretapping, letter inspection, blocking, travel bans, unrelated seizures, case delays, and suspensions. Weaknesses include: a) Coercive measures authorized by the Chief Justice are excluded from pretrial proceedings. b) New pretrial proceedings have not been specifically regulated, and c) the examination of suspects/witnesses/victims is not included in pretrial proceedings. 3) Habeas Corpus only focuses on assessing the validity of a person's detention. The Rechter Commissioner focuses on broad oversight of investigators' actions prior to the investigation (pre-trial), while pretrial proceedings focus on a broad examination and are assessed after the action has been taken (post factum).
Legal Certainty in Electronic Contracts for E-Commerce Transactions in Indonesia Susanty, Ade Pratiwi
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.v4i01.2587

Abstract

The rapid expansion of e-commerce in Indonesia has led to the extensive use of electronic contracts as the primary legal instrument governing digital transactions. This development raises important legal issues related to legal certainty, particularly concerning the validity, enforceability, evidentiary value, and protection of parties involved in electronic contracts. This study aims to analyze legal certainty in electronic contracts within e-commerce transactions in Indonesia using a normative juridical approach. The research examines statutory regulations, legal principles, and doctrines related to contract law, electronic transactions, and consumer protection. The findings indicate that Indonesian law has formally recognized electronic contracts as legally binding and has acknowledged electronic documents as valid evidence. However, several challenges remain, including ambiguity in electronic consent, limitations in authentication mechanisms, evidentiary reliability, and the imbalance of bargaining power between business actors and consumers. The lack of full harmonization between traditional contract law and electronic transaction regulations also affects the predictability and consistency of legal enforcement. This study concludes that while the existing legal framework provides a basic level of legal certainty, further normative refinement and regulatory harmonization are necessary to strengthen legal protection and enhance trust in e-commerce transactions in Indonesia.
Legal Protection for E-Commerce Websites Examined from an Intellectual Property Rights Perspective Darmawan, Yuliani; Rahayu, Sapitri Sri; Munte, Cici; Dewi, Sri Septiani
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.v4i01.2594

Abstract

Digital transformation in business operations has been driven by the rapid growth of the e-commerce industry in Indonesia. Protecting intellectual property rights (IPR), including copyright, trademarks, and digital information, on e-commerce sites has become increasingly legally challenging due to this trend. This study aims to analyze the legal framework for IPR protection on e-commerce platforms and identify barriers to its implementation. The study uses legislative and conceptual approaches, as well as normative legal research methodology. The findings indicate that although the legal framework for IPR protection has been comprehensively regulated, a lack of awareness among business actors, particularly MSMEs, and an inadequate monitoring and enforcement system have hampered its implementation. To build a fair, safe, and sustainable digital business ecosystem, this study highlights the importance of strengthening law enforcement, improving digital monitoring systems, and enhancing legal knowledge among business actors.
Copyright Protection for Songs and/or Music Remixes Published on YouTube Prihastiwi, Melinda Wahyu; Nugraha, Tashya Panji
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.v4i01.2633

Abstract

Song recycling is the activity of updating and re-singing a singer's previous song (old version). Recycling songs and/or music generally used Youtube as a publication medium. The purpose of this study is to determine the copyright protection of song and/or recycling through Youtube media as a medium that is often used to publish song recycling content. This research uses normative juridical research methods. The results showed that based on Law No. 28 of 2014 concerning Copyright, everyone who wants to recycle songs must obtain permission from the creator and/ or copyright holder because it includes exercising economic rights belonging to the creator and/or copyright holder. Law No. 19 of 2016 concerning Amendments to Law No. 11 of 2008 concerning Electronic Information and Transactions also regulated that the recycled version of the song is one form of electronic document, if it contains copyright infringement then electronic system operator has the right to cut off access.
Restoration of Good Name Towards Victims of Online Defamation as a Form of Cyberbullying Rakheswari, Ni Made Padmawardhani
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.v4i01.2642

Abstract

With the pervasive use of digital platforms, online defamation has emerged as a prominent form of cyberbullying, threatening individuals’ reputations, psychological well-being, and social credibility. This study investigates mechanisms for restoring the good name of victims of online defamation, emphasizing legal, social, and psychological interventions. Using a mixed-method approach, quantitative data were collected from 300 social media users who experienced defamation, while qualitative interviews explored personal experiences, coping strategies, and social reintegration. Data analysis employed Structural Equation Modeling–Partial Least Squares (SEM-PLS) to evaluate relationships among online defamation, psychological impact, social support, restorative strategies, digital literacy, and perceived reputation recovery. Findings indicate that social support, digital literacy, and restorative justice interventions significantly enhance reputation restoration, with victims who received legal action, public acknowledgment, and community support reporting the most effective outcomes. Grounded in Cyberbullying Theory, Reputation Management Theory, and Restorative Justice Theory, the study provides a comprehensive framework linking individual psychological resilience, social perception, and restorative mechanisms. The results highlight the importance of culturally sensitive approaches, including social norms, online ethics, and communication strategies tailored to specific communities. These insights inform policy design, platform governance, and educational programs aimed at mitigating online defamation, empowering victims, and promoting digital literacy. The study contributes to theory by integrating social, legal, and psychological perspectives on reputation restoration, and to practice by offering actionable strategies for victims, policymakers, and digital platform managers.

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