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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 257 Documents
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Whistleblower Protection Models in Corruption Cases: A Legal Analysis of Reporting Mechanisms and Whistleblower Safety Purba, Tumian Lian Daya; Loogman Palit, Silvester Magnus
West Science Law and Human Rights Vol. 4 No. 02 (2026): West Science Law and Human Rights
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v4i02.2774

Abstract

Whistleblowers play a crucial role in exposing corruption, yet their effectiveness is often constrained by inadequate legal protection and ineffective reporting mechanisms. This study aims to analyze whistleblower protection models in corruption cases through a normative legal approach, focusing on the relationship between reporting systems and whistleblower safety. The research utilizes statutory, conceptual, and comparative approaches by examining legal instruments, doctrines, and best practices across jurisdictions. The findings reveal that although many legal systems have established formal whistleblower protection frameworks, significant gaps remain in their implementation, particularly in ensuring confidentiality, protection against retaliation, and access to reliable reporting channels. The effectiveness of whistleblowing systems is largely determined by the availability of secure, independent, and accessible reporting mechanisms, as well as the strength of institutional support and enforcement. Furthermore, whistleblower safety requires not only legal guarantees but also practical measures such as witness protection, psychological support, and financial safeguards. The study concludes that an integrated protection model—combining comprehensive legal frameworks, effective reporting mechanisms, and robust institutional coordination—is essential to enhance whistleblower participation and strengthen anti-corruption efforts.
Law Enforcement Strategies Against Crypto-Asset Money Laundering: Challenges in Evidence and Cross-Border Cooperation Saleha, Dwi; Munawir, Munawir; Djuhrijjani, Djuhrijjani; Rohaya, Nizla; Nazir, Muhammad
West Science Law and Human Rights Vol. 4 No. 02 (2026): West Science Law and Human Rights
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v4i02.2775

Abstract

This study examines law enforcement strategies in addressing cryptocurrency-based money laundering, with particular emphasis on evidentiary challenges and cross-border cooperation using a normative legal approach. The rapid development of digital assets such as Bitcoin has introduced new complexities in financial crime, enabling illicit actors to exploit decentralized systems and pseudonymous transactions. Through doctrinal analysis of legal frameworks, regulations, and international standards, including those established by the Financial Action Task Force, this research identifies key gaps in the current legal system. The findings reveal that the collection and admissibility of digital evidence remain significant obstacles due to difficulties in linking blockchain transactions to identifiable individuals, as well as limitations in technical capacity and legal procedures. Additionally, cross-border cooperation is hindered by regulatory fragmentation, jurisdictional differences, and slow mutual legal assistance mechanisms. Existing law enforcement strategies—while incorporating regulatory, technological, and institutional approaches are often insufficient and lack integration. This study concludes that strengthening international legal harmonization, enhancing digital forensic capabilities, and reforming cross-border cooperation mechanisms are essential to improving enforcement effectiveness. Furthermore, adaptive legal frameworks are needed to balance innovation in cryptocurrency with accountability and oversight. This research contributes to the development of more responsive legal strategies to combat cryptocurrency-based money laundering in an increasingly globalized digital economy.
Climate Lawsuits and the Justiciability of the Right to a Clean and Healthy Environment: Trends in Judicial Practice in Indonesia Loogman Palit, Silvester Magnus; Daya Purba, Tumian Lian; Reba, William Hendrik
West Science Law and Human Rights Vol. 4 No. 02 (2026): West Science Law and Human Rights
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v4i02.2779

Abstract

This study examines the development of climate litigation in Indonesia and its implications for the justiciability of the right to a clean and healthy environment. Using a normative legal approach, the research analyzes constitutional provisions, statutory regulations, and judicial decisions to evaluate how Indonesian courts interpret and enforce environmental rights in the context of climate change. The study finds that although the right to a clean and healthy environment is explicitly recognized in Article 28H(1) of the Constitution of the Republic of Indonesia 1945 and further supported by environmental legislation, its judicial enforcement remains inconsistent. Key challenges include limitations in legal standing, difficulties in establishing causation, and judicial reluctance to intervene in policy-related matters. Nevertheless, emerging judicial trends indicate a gradual shift toward more progressive interpretations, including the application of precautionary principles and broader recognition of environmental harm. This study concludes that strengthening legal frameworks, enhancing judicial capacity, and integrating climate-specific norms are essential to improving the enforceability of environmental rights. The findings contribute to the discourse on environmental constitutionalism and climate justice, particularly in developing country contexts.
Protection of Indigenous Peoples’ Land Rights in Agrarian Reform Policy: A Normative and Implementational Legal Study Novitasari, Salwa Aulia; Lubis, Arief Fahmi; Nurhasanah, Dila Padila
West Science Law and Human Rights Vol. 4 No. 02 (2026): West Science Law and Human Rights
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v4i02.2790

Abstract

This study examines the protection of Indigenous Peoples’ land rights within the framework of agrarian reform policy through a normative and implementational legal analysis. The research aims to analyze the extent to which existing legal frameworks recognize and protect Indigenous land rights, identify inconsistencies within regulatory structures, and evaluate the effectiveness of their implementation in practice. Employing a normative juridical approach, this study analyzes constitutional provisions, statutory regulations, and relevant legal doctrines, complemented by a qualitative assessment of implementation challenges. The findings reveal that although Indigenous land rights are formally recognized in the legal system, such recognition remains conditional and fragmented across sectoral regulations. Overlapping authorities between land, forestry, and other resource-related laws create legal uncertainty and hinder the effective protection of customary land. Furthermore, the implementation of agrarian reform policies often fails to accommodate the collective nature of Indigenous land tenure, resulting in the marginalization of Indigenous communities. Bureaucratic complexities, limited institutional coordination, and weak enforcement mechanisms further exacerbate these challenges, leading to persistent land conflicts and dispossession. This study highlights a significant gap between normative legal guarantees and practical realities. It emphasizes the need for a more integrative and responsive legal framework that harmonizes regulations, strengthens the recognition of customary land rights, and ensures meaningful participation of Indigenous Peoples in agrarian reform processes. By bridging normative analysis with implementation perspectives, this research contributes to the development of more equitable and inclusive land governance systems that uphold Indigenous rights and promote social justice.
Corporate Liability for Environmental Crimes in Industrial Supply Chains: A Criminal and Administrative Law Approach Arini, Rani Eka; Novitasari, Salwa Aulia; Ulimaz, Almira
West Science Law and Human Rights Vol. 4 No. 02 (2026): West Science Law and Human Rights
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v4i02.2791

Abstract

This study analyzes corporate liability for environmental crimes within industrial supply chains in Indonesia through a normative legal approach integrating criminal and administrative law perspectives. The research examines the adequacy of the existing legal framework, particularly Law No. 32 of 2009 on Environmental Protection and Management, in addressing corporate accountability for environmental harm. By applying statutory, conceptual, and case approaches, this study identifies key challenges in enforcement, including difficulties in proving corporate intent, fragmentation of responsibility within supply chains, and the predominance of administrative sanctions over criminal prosecution. The findings indicate that although Indonesian law formally recognizes corporate criminal liability and incorporates strict liability principles, practical implementation remains limited due to evidentiary constraints, institutional weaknesses, and regulatory gaps. Furthermore, the complexity of industrial supply chains enables corporations to diffuse responsibility through subcontracting and outsourcing practices. This study proposes an integrated liability model that strengthens coordination between criminal and administrative enforcement, expands corporate responsibility across supply chains, and enhances the deterrent effect of sanctions. The study contributes to legal scholarship by offering a holistic framework for corporate environmental accountability and provides policy recommendations to support sustainable industrial governance in Indonesia.
Smart City Regulatory Design: Balancing Public Safety, Privacy, and Civil Liberties in Administrative Law Andiani, Paramita; Fildansyah, Rully; Amar, Irwan
West Science Law and Human Rights Vol. 4 No. 02 (2026): West Science Law and Human Rights
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v4i02.2792

Abstract

This study examines the regulatory design of smart city governance in Indonesia through a normative legal approach, with a focus on balancing public safety, privacy, and civil liberties within the framework of administrative law. The rapid adoption of digital technologies—such as surveillance systems, big data analytics, and automated decision-making—has enhanced governmental capacity in delivering public services and maintaining security. However, these developments also raise significant legal challenges related to data protection, administrative discretion, and the potential infringement of fundamental rights. This research analyzes relevant legal frameworks, including constitutional provisions, administrative law principles, and sectoral regulations on digital governance and personal data protection. The findings reveal that Indonesia’s current regulatory framework is fragmented and lacks comprehensive integration, resulting in an imbalance that tends to prioritize public safety and administrative efficiency over privacy and civil liberties. The study identifies key challenges, including weak implementation of data protection principles, limited transparency in algorithmic governance, and inadequate oversight mechanisms. From an administrative law perspective, principles such as legality, proportionality, transparency, accountability, and legal certainty have not been fully operationalized in smart city policies. This study proposes a more integrated and principles-based regulatory model that harmonizes existing regulations, strengthens institutional coordination, and embeds human rights safeguards into digital governance. By aligning smart city development with the rule of law and constitutional values, the study contributes to the formulation of a balanced regulatory framework that supports technological innovation while protecting individual rights in Indonesia.
A Reconstruction of Digital Platforms’ Legal Liability for the Dissemination of Illegal Content within the Framework of Protecting Citizens’ Rights Khulaili Harsya, Rabith Madah; Supriandi, Supriandi; Arini, Rani Eka
West Science Law and Human Rights Vol. 4 No. 02 (2026): West Science Law and Human Rights
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v4i02.2828

Abstract

This study examines the legal liability of digital platforms in the dissemination of illegal content through a normative legal analysis, with a particular focus on reconstructing a framework that effectively protects citizens’ rights. The rapid growth of digital platforms such as Google, Meta Platforms, and TikTok has intensified challenges related to intermediary responsibility, as these platforms increasingly function not only as passive conduits but also as active amplifiers of information. Existing liability regimes, primarily based on notice-and-takedown mechanisms, are found to be insufficient in addressing the scale and complexity of illegal content dissemination. Using primary, secondary, and tertiary legal materials, this research analyzes current regulatory frameworks and identifies key gaps, particularly in terms of legal clarity, enforcement effectiveness, and the protection of fundamental rights. The study highlights the tension between safeguarding freedom of expression and ensuring protection against harmful content, noting that both under-regulation and over-regulation pose risks to citizens’ rights. Comparative insights, including developments under the Digital Services Act, demonstrate a shift toward more proactive and structured approaches to platform accountability. The study proposes a reconstructed liability framework based on the principles of proportionality, due diligence, transparency, and effective remedy. This model seeks to balance platform accountability with the protection of fundamental rights, offering a more adaptive and rights-oriented approach to digital governance. The findings contribute to the development of legal policies that align technological advancement with the protection of citizens in the digital era.

Page 26 of 26 | Total Record : 257

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