cover
Contact Name
Yana Priyana
Contact Email
mrpyana@gmail.com
Phone
+6282115575700
Journal Mail Official
info@westscience-press.com
Editorial Address
Grand Slipi Tower, level 42 Unit G-H Jl. S Parman Kav 22-24, RT. 01 RW. 04 Kel. Palmerah Kec. Palmerah Jakarta Barat 11480
Location
Kota adm. jakarta barat,
Dki jakarta
INDONESIA
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,
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 273 Documents
The Effectiveness of The Implementation of Legal Protection for Vocational High School Students Who Have Had Work Accidents in The Field Work Practice: A Case Study at The Alantara Sanur Ni Wayan Eka Damayanti; Ni Nyoman Putri Purnama Santhi; I Putu Harry Suandana Putra; Ni Putu Yuliana Kemalasari
West Science Law and Human Rights Vol. 4 No. 03 (2026): West Science Law and Human Rights
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v4i03.2974

Abstract

Field Work Practice (Praktik Kerja Lapangan/PKL) is an essential component of the Vocational High School (SMK) curriculum intended to equip students with genuine workplace experience, yet its implementation within the hospitality industry carries a real risk of occupational accidents that may harm students who hold the dual status of learners and apprentices. This study aims to identify and analyze the effectiveness of legal protection for SMK students who experienced occupational accidents during PKL at The Alantara Sanur, and to identify the supporting and inhibiting factors affecting that effectiveness. The study employs an empirical juridical method with a descriptive character, using the fact approach, statute approach, and conceptual approach. Data were collected through document study, interviews, and field observation. The findings indicate that the implementation of legal protection for PKL students at The Alantara Sanur has not been fully effective. Based on Soerjono Soekanto's five factors of legal effectiveness, a gap between das sollen and das sein was found across all dimensions, including normative gaps in regulation (Law No. 1 of 1970, Law No. 13 of 2003, and Ministerial Regulation No. 50 of 2020) that fail to explicitly provide social security for PKL students, weak supervision by schools and industry, unstructured occupational safety training, low legal awareness among students and hotel staff, and a speed-oriented work culture. The inhibiting factors are multilevel and mutually reinforcing, while the supporting factors an existing normative framework, an improvable SOP and MoU, and industry good faith may serve as a foundation for reform. This study recommends regulatory refinement accompanied by a tripartite supervisory mechanism among schools, industry, and government, as well as the strengthening of structured occupational safety training for PKL students.
Professional Ethics of Legal Consultants in Handling Copyright Cases in Indonesia Manuel Mekel
West Science Law and Human Rights Vol. 4 No. 03 (2026): West Science Law and Human Rights
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v4i03.2992

Abstract

This article examines the professional ethics history: of legal consultants in handling copyright cases in Indonesia. The research employs a normative legal methodology with statute, conceptual, and case approaches. The study analyzes the ethical obligations of legal consultants under the Indonesian Advocate Code of Ethics, Law Number 18 of 2003 concerning Advocates, and Law Number 28 of 2014 concerning Copyright. The findings reveal that the ethical principles of independence, integrity, confidentiality, and conflict of interest management constitute the fundamental pillars governing legal consultants in copyright dispute resolution. The implementation of these ethical standards faces significant challenges due to the complexity of copyright law, the digital transformation of creative industries, and the commercial pressures inherent in legal practice. The article recommends the strengthening of oversight mechanisms, the development of specialized ethical guidelines for intellectual property practitioners, and the establishment of continuous professional education programs to enhance ethical compliance among legal consultants.
Conflict of Interest in Legal Consultancy Practice: A Review of Legal Professional Ethics Manuel Mekel
West Science Law and Human Rights Vol. 4 No. 03 (2026): West Science Law and Human Rights
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v4i03.2993

Abstract

This article provides a comprehensive analysis history: of conflict of interest in legal consultancy practice from the perspective of Indonesian legal professional ethics. The research employs a normative legal methodology with statute, conceptual, and case approaches. The study examines the definition, forms, and manifestations of conflict of interest in legal practice, analyzes the prohibitions established under the Advocate Code of Ethics and Law Number 18 of 2003, and evaluates the legal and ethical consequences of such conflicts. The findings reveal that conflict of interest represents a systemic threat to the integrity of the legal profession, undermining client trust, compromising professional independence, and distorting the administration of justice. The article identifies significant regulatory gaps in the current ethical framework and proposes structural reforms including the mandatory implementation of conflict screening systems, the adoption of Chinese Wall protocols, and the strengthening of Honor Council enforcement mechanisms to prevent and address conflicts of interest in legal consultancy practice.
Restorative Justice in the National Criminal Code: An Analysis of Probation and Community Service under Law No. 1 of 2023 Rabith Madah Khulaili Harsya; Tetty Melina Lubis; Salwa Aulia Novitasari
West Science Law and Human Rights Vol. 4 No. 03 (2026): West Science Law and Human Rights
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v4i03.2999

Abstract

The enactment of Law No. 1 of 2023 concerning the Indonesian Criminal Code marks a significant transformation in Indonesia’s criminal justice system by introducing probation and community service as principal non-custodial sanctions. These forms of punishment reflect a shift from a predominantly retributive approach toward a more rehabilitative, proportional, and restorative-oriented sentencing policy. This study aims to analyze the legal construction of probation and community service under Law No. 1 of 2023 and to assess their consistency with the principles of restorative justice. The research applies a normative legal method using statutory, conceptual, and comparative approaches. The legal materials consist of Law No. 1 of 2023, Law No. 22 of 2022 concerning Corrections, relevant international instruments, and scholarly literature on restorative justice and non-custodial sanctions. The materials are analyzed qualitatively through descriptive, systematic, and prescriptive legal interpretation. The findings show that probation and community service provide progressive alternatives to short-term imprisonment by supporting offender rehabilitation, maintaining family and employment relationships, reducing prison overcrowding, and encouraging accountability through supervision and socially beneficial work. However, these sanctions do not fully constitute restorative justice mechanisms because victim participation, mediation, restitution, and reconciliation remain limited. Their effectiveness depends on comprehensive implementing regulations, institutional readiness, judicial consistency, qualified supervisory personnel, inter-agency coordination, and community involvement. The study concludes that Law No. 1 of 2023 establishes an important normative foundation for restorative-oriented sentencing in Indonesia, although further institutional and procedural development is required to ensure that probation and community service effectively achieve justice, legal certainty, social benefit, and public protection.
The Limits of Criticism of the Government Under Articles 240 and 241 of Law No. 1 of 2023: Balancing the Protection of State Authority and Civil Liberties Dila Padila Nurhasanah; Yenik Pujowati; Rully Fildansyah
West Science Law and Human Rights Vol. 4 No. 03 (2026): West Science Law and Human Rights
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v4i03.3000

Abstract

This study examines the legal limits of criticism directed at the government under Articles 240 and 241 of Law No. 1 of 2023 concerning the Indonesian Criminal Code. The central issue concerns the balance between protecting the authority and institutional integrity of the state and safeguarding freedom of expression as a fundamental civil liberty. This research employs a normative legal method using statutory, conceptual, constitutional, case, comparative, and human-rights approaches. The analysis focuses on the formulation of the offences, the distinction between criticism and insult, the complaint-based nature of prosecution, criminal responsibility for digital dissemination, and the application of the principles of legality, necessity, proportionality, and public interest. The findings indicate that Articles 240 and 241 pursue a legitimate objective insofar as they protect the effective functioning of government and state institutions from serious, malicious, and unlawful attacks. However, the broad and evaluative meaning of terms such as insult, honour, and institutional image creates risks of legal uncertainty, selective enforcement, and a chilling effect on democratic participation. The study finds that criticism should not be criminalized merely because it is harsh, offensive, satirical, emotionally expressed, or damaging to the reputation of a public institution. Criminal liability should arise only where the prosecution proves an objectively unlawful attack, the required intent, the absence of a dominant public-interest purpose, serious and legally cognisable harm, and the inadequacy of less restrictive remedies. Article 241 requires additional safeguards because the dissemination of digital content may occur for purposes of journalism, education, criticism, documentation, or public discussion. The study concludes that Articles 240 and 241 must be interpreted restrictively, with a strong presumption in favour of political expression, to ensure that the protection of state authority does not undermine constitutional democracy and civil liberties.
Reasonable Accommodations for Persons with Disabilities in Public Services Under Law No. 8 of 2016 Istiarsyah Istiarsyah; Dela Devita; Robiansyah Setiawan; Retno Triswandari; Lani Setyadi; Roslaini Roslaini
West Science Law and Human Rights Vol. 4 No. 03 (2026): West Science Law and Human Rights
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v4i03.3001

Abstract

The fulfillment of public service rights for persons with disabilities remains an important issue in achieving substantive equality and preventing discrimination within state administration. Although Law No. 8 of 2016 concerning Persons with Disabilities has recognized the obligation to provide reasonable accommodations, the implementation of these obligations in public services continues to face various normative and institutional challenges. This study aims to analyze the legal framework governing reasonable accommodations for persons with disabilities in public services and examine its role in ensuring equal access based on human rights principles. This research employs a normative legal research method using a statutory approach and conceptual approach by examining relevant legal instruments, including Law No. 8 of 2016, Law No. 19 of 2011 concerning the Ratification of the Convention on the Rights of Persons with Disabilities, and regulations related to public services and accessibility. The results indicate that reasonable accommodation constitutes a fundamental legal obligation that requires public service providers to make necessary and appropriate adjustments to eliminate barriers experienced by persons with disabilities. Such accommodations include physical accessibility, procedural modifications, communication support, and inclusive service mechanisms. However, the implementation of reasonable accommodation remains limited due to the lack of detailed technical regulations, institutional capacity constraints, insufficient awareness among service providers, and weak accountability mechanisms. This study concludes that strengthening the implementation of reasonable accommodation requires regulatory harmonization, institutional commitment, capacity development, and effective monitoring systems. Reasonable accommodation should not be viewed as a form of special treatment but as a legal instrument to achieve substantive equality and ensure that persons with disabilities can fully exercise their rights in public services.
Money Politics and Violations of Voters’ Political Rights: An Analysis of Article 523 of Law No. 7 of 2017 on Elections Temmy Fitriah Alfiany; Yenik Pujowati; Dian Puspa Iwari; Muhamad Habibullah AR
West Science Law and Human Rights Vol. 4 No. 03 (2026): West Science Law and Human Rights
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v4i03.3002

Abstract

Money politics remains one of the most significant challenges threatening the integrity of democratic elections in Indonesia because it directly affects the independence and authenticity of voters’ political choices. Although elections are constitutionally guaranteed as a mechanism for exercising popular sovereignty, the practice of providing money or material benefits to influence voters continues to undermine the principles of free, honest, and fair elections. This study aims to analyze money politics as a violation of voters’ political rights and examine the legal effectiveness of Article 523 of Law Number 7 of 2017 concerning General Elections as an instrument for preventing and addressing electoral manipulation. This research employs a normative legal method using a statutory approach, conceptual approach, and analytical approach. The study examines primary legal materials, particularly the 1945 Constitution of the Republic of Indonesia and Law Number 7 of 2017 concerning General Elections, supported by secondary legal materials from legal literature and academic studies. The findings indicate that money politics constitutes a violation of political rights because it disrupts voter autonomy, creates unequal political competition, and prevents elections from reflecting the genuine will of citizens. Article 523 of Law Number 7 of 2017 provides an important legal framework by criminalizing the provision or promise of money and material benefits intended to influence voters. However, its implementation faces challenges, including difficulties in proving electoral crimes, limited enforcement mechanisms, and the persistence of transactional political culture. Therefore, strengthening election law enforcement, improving institutional capacity, and increasing political awareness are necessary to ensure effective protection of voters’ political rights and the realization of substantive democracy in Indonesia.
The Implementation of Article 76 Paragraph (1) of Government Regulation Number 39 of 2023 in Toll Road Development in Seyegan District, Sleman Regency Maria Hutapea; Krisna Ginang Wirawan; Patricia Eva Christi Situmorang; Athar Prana Abdi; Rizal Syahputra Siadary
West Science Law and Human Rights Vol. 4 No. 03 (2026): West Science Law and Human Rights
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v4i03.3004

Abstract

This article is based on empirical legal research conducted in 2026 on compensation in the construction of the Jogja-Bawen toll road in Seyegan District, Sleman Regency, Yogyakarta Special Region. In the implementation of land acquisition for toll road development, issues often arise regarding compensation. Article 76 paragraph (1) of Government Regulation Number 39 of 2023 states that “forms of compensation can be provided in the form of money, replacement land, resettlement, share ownership, or other forms agreed upon by both parties.” The main issue is how the application of Article 76 paragraph (1) of this Government Regulation affects former owners. The implementation of Article 76 paragraph (1) of Government Regulation Number 39 of 2023 for former landowners in the Jogja-Bawen toll road development is in the form of money. There was no discussion or agreement in determining the form and amount of compensation because it was directly decided by the government. This compensation is not advantageous for former landowners who have replacement land to build a new house. Another impact is that the principles of sustainability and humanity are not realized.
Clean Energy Policies and Just Transition for Coal Industry Workers Indah Dwiprigitaningtias; Rival Pahrijal; Paramita Andiani
West Science Law and Human Rights Vol. 4 No. 03 (2026): West Science Law and Human Rights
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v4i03.3005

Abstract

Indonesia’s transition toward clean energy represents an important legal and policy response to climate change, environmental degradation, and the pursuit of sustainable development. However, the gradual reduction of coal dependency also creates significant legal and socio-economic challenges for workers and communities whose livelihoods rely on the coal industry. This study aims to examine the adequacy of Indonesia’s legal framework in ensuring a just transition for coal industry workers during the implementation of clean energy policies. The research employs a normative legal method using statutory, conceptual, comparative, and analytical approaches. Primary legal materials consist of constitutional provisions, national legislation, presidential regulations, and international legal instruments related to energy transition, environmental protection, labor rights, and social security. Secondary legal materials include academic journals, books, policy reports, and legal commentaries concerning clean energy governance and just transition. The findings indicate that Indonesia has established a relatively comprehensive legal framework supporting renewable energy development and greenhouse gas emission reduction. Nevertheless, the legal framework governing worker protection during the energy transition remains fragmented and insufficiently integrated. Existing regulations primarily emphasize environmental objectives and renewable energy investment while providing only general labor protection without specifically regulating workforce reskilling, employment transition, income protection, regional economic diversification, and institutional coordination. Consequently, legal uncertainty persists regarding the protection of coal industry workers affected by decarbonization policies. The study concludes that Indonesia requires a more comprehensive and integrated legal framework that harmonizes environmental sustainability with labor rights and social justice. Strengthening legislation concerning just transition, workforce protection, social dialogue, dedicated transition financing, and intergovernmental coordination is essential to ensure that Indonesia’s clean energy transition is equitable, inclusive, and capable of supporting long-term sustainable development.
Reconstructing Reliability Standards for Deepfake Detectors as Electronic Evidence in Indonesia’s Criminal Justice System Muhammad Abdul Azis; Pujiyono Pujiyono; Riski Ananda Kusuma Putri
West Science Law and Human Rights Vol. 4 No. 03 (2026): West Science Law and Human Rights
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v4i03.3022

Abstract

The development of deepfakes has transformed the evidentiary problem of video and audio from file authentication into an assessment of the computational method used to determine media authenticity. This study has two objectives: to examine the legal position and limits of the probative value of deepfake detector outputs under Indonesian criminal procedure and to reconstruct an AI Forensic Reliability Test that safeguards authenticity, scientific reliability, and procedural fairness. It applies normative legal research through statutory, conceptual, comparative, and interdisciplinary approaches. The first finding indicates that detector outputs may enter proceedings through electronic evidence, examination reports, and expert testimony, but they do not constitute independent evidence or binary statements of truth. Their value depends on object authenticity, lawful acquisition, methodological validity, error rates, and corroboration. The second finding develops an AI Forensic Reliability Test comprising eight dimensions: object authenticity, model validity, data quality, error rates and calibration, robustness and generalization, traceability and reproducibility, expert competence and independent testing, and procedural fairness and accountability. The framework operationalizes the negative statutory theory of proof, epistemic reliability, machine testimony, due process of law, equality of arms, and accountable algorithms