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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 146 Documents
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Indigenous Peoples and Customary Law in Lolayan District, Bolaang Mongondow Regency in a Modern State Nasir Katong; Sintya Paula Junaedy; Debby Ch. Sendow
West Science Law and Human Rights Vol. 1 No. 04 (2023): West Science Law and Human Rights
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v1i04.261

Abstract

Indigenous peoples are an orderly unity in which members are not only bound to the place of residence where a particular area, both in worldly terms as a place of life and in spiritual relations as a place of worship of ancestral spirits (territorial), but also bound to hereditary relationships in blood alliances and the same familiarity of a customary relationship (genealogical). Each indigenous community has customary Law that is used to regulate all problems that occur within the familiar environment. The second use in legislation is that indigenous peoples and customary Law are often used interchangeably in laws and regulations but lead to the same subject. Some argue that customary Law is a law left over from the past so that it is less comfortable with modern life like now, which is entering the era of modernization. Such an opinion is not wrong, but not all are true. Sayskan is right because it is recognized that customary Law is traditional, while life in the current era demands everything modern. This is not entirely true because there are several laws formed that are introduced from Customary Law. These two entities, both customary communities and Customary Law, include the same people and live on the same earth therefore, naturally, indigenous peoples also get the same rights as other countries, such as equality of public services and law enforcement. Related to the relevance of global customary Law in the global era. In the age of globalization, it is necessary to follow the pattern of becoming a peer again. Therefore, the continuity of customary Law becomes very important. Customary Law is no longer limited to indigenous Indonesian Law that must be maintained. Still, more than that, traditional Law should have a function as a "filter tool" for the entry of foreign influences into Indonesia. This filtering is what we do not currently have as a great nation.
The Implications of Legal Uncertainty of the Provisions on Hybrid Threats in the Indonesia National Defense System Muhammad Hamdi Karim; Mhd. Halkis; Susaningtyas Nefo Kertopati
West Science Law and Human Rights Vol. 1 No. 04 (2023): West Science Law and Human Rights
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v1i04.294

Abstract

The inclusion of hybrid threats in Law No. 23/2019 concerning Management of National Resources for National Defense can be considered an early preparation made within the national defense system to confront increasingly complex and multidimensional threats. However, it is important to question whether the addition of a new type of threat, namely hybrid threats, in Law No. 23/2019 on Management of National Resources for National Defense, which was not previously regulated in Law No. 3/2002 concerning National Defense, is in line with the principle of legal certainty. This legal research aims to analyze the legal certainty of the provisions regarding hybrid threats in Law No. 23/2019 concerning Management of National Resources for National Defense and its implications on policies related to state emergencies and the mobilization of reserve components. The study adopts a normative legal research method. The literature review collects information from document analysis, which is qualitatively analyzed. The data analysis is descriptive-analytical in nature. The results of the study show that the provisions regarding hybrid threats in Law No. 23/2019 concerning Management of National Resources for National Defense create legal uncertainty due to the disharmony in the legislative regulations. There is a need to fill the legal gap in addressing complex and multidimensional threats through the formulation of hybrid threats. However, this has led to a situation of legal uncertainty regarding the regulation of mobilizing reserve components, which should only be mobilized to face military threats when the President declares a state of military emergency or a state of war.
Granting of Ownership Rights to Shophouses Following the Issue of Regulation of The Minister of Agrarian and Spatial Planning/Head of The National Land Agency of The Republic of Indonesia number 18 of 2021 Frans Rian; Rita Armelia
West Science Law and Human Rights Vol. 1 No. 04 (2023): West Science Law and Human Rights
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v1i04.312

Abstract

In the past, shophouses were not eligible for ownership rights as they were primarily designated for commercial purposes, whereas ownership rights were exclusively granted for residential properties.   Nevertheless, during its evolution, shophouses can also serve as dwellings.   This is deemed to be inconsistent with the philosophical underpinnings of property rights, which are solely intended for domestic use.   The subject addressed in this article pertains to two main aspects: the characteristics of property rights in Indonesia and the characteristics of property rights specifically related to shop houses.   The research methodology employed in this work involves legal research utilizing statutory and conceptual approaches.   The findings in this article are primary.   Property rights in Indonesia are characterized as hereditary, with the highest level of strength and comprehensiveness.  Furthermore, ownership of shophouses can be established through property rights, subject to the following conditions: obtaining permission to use the land and building for both residential and commercial purposes, having valid or expired Building Use Rights or Use Rights, and/or having the rights holder’s name registered alive or deceased. 
Ethical Dilemmas in the Use of Artificial Intelligence in Breast Cancer Diagnosis and Treatment (Addressing Issues of Bias, Transferability, and Patient Trust in Breast Cancer AI) Priscilla Auleader Napitupulu
West Science Law and Human Rights Vol. 1 No. 04 (2023): West Science Law and Human Rights
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v1i04.314

Abstract

Breast cancer care is becoming one of the main areas of development of artificial intelligence (AI), with applications including screening and diagnosis, risk calculation, disease progression, clinical decision support, management planning, and precision medicine. This paper will review the ethical, legal, and social implications of these developments, including the values embedded in algorithms, evaluation of results, issues of bias, data ownership, confidentiality, and consent, as well as legal, moral, and professional responsibilities. Additionally, we also need to consider the potential impact on patients, including trust in healthcare, as well as explaining the reasons why AI is being implemented quickly. Resolving this challenge requires the involvement of professionals, governments and regulators, health care providers, and patients, regarding the imposition of conditions on implementation, and preventive monitoring systems to ensure development does not move too quickly ahead of evaluation and discussion.
Legal Protection of Business Actors from Payment Cancellation by E-Commerce Consumers Using a Cash-On-Delivery System Rina Arum Prastyanti; Erma Rusdiana
West Science Law and Human Rights Vol. 1 No. 04 (2023): West Science Law and Human Rights
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v1i04.315

Abstract

The purpose of this research is to describe the factors that cause business actors to be disadvantaged due to the COD system and protection for business actors against unilateral cancellation in the COD payment system. This research is a type of normative legal research that is descriptive in nature with a qualitative approach. The type of data used is secondary data. Secondary data is obtained from library materials that are relevant to the problems studied.  The data sources used are secondary data sources obtained from primary, secondary and tertiary legal materials. The data collection technique used is the study of documents or library materials.
The Urgency of Reconstructing Indonesia's Justice System Towards Recognition of Customary Justice Institutions Stefany Ismantara
West Science Law and Human Rights Vol. 1 No. 04 (2023): West Science Law and Human Rights
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v1i04.318

Abstract

The 1945 Constitution acknowledges and protects the existence of indigenous communities. However, the existence of customary court has been abolished through Emergency Law No. 1/1951, and its legal authority is still not recognized to this day. This creates ambiguity in the administration of the justice system. Therefore, an assessment of the urgency of reconstructing Indonesia's justice system to achieve recognition of customary justice institutions is needed. In addressing this, there is a need to answer the issues concerning customary court and how the state can reconstruct the justice system. The author employs a normative legal research method with a qualitative and case study approach through literature review. Through this method, it is found that non-binding legal force of customary court decisions leads to negative consequences for indigenous people and customary law itself. Therefore, a strong legal framework is required through the enactment of the Indigenous Community Bill. Collaboration between law enforcement and indigenous people is also essential in resolving indigenous cases.
The Role of Competition Law in Encouraging Innovation and Competitiveness of Companies in West Java Emmi Rahmiwita Nasution; Henry Kristian Siburian; Loso Judijanto; Efendi Sugianto
West Science Law and Human Rights Vol. 1 No. 04 (2023): West Science Law and Human Rights
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v1i04.320

Abstract

This study explores the complex relationships that exist between innovation, competitiveness, and competition legislation in West Java, Indonesian businesses. West Java's varied industrial landscape makes it a perfect place to study how competition legislation influences creativity and competitiveness. Using a mixed-method approach, the study combines survey data that is quantitatively collected with qualitative information obtained through interviews. The results show that a sizable majority of West Javan businesses have a favorable opinion of competition legislation and see it as a tool for ensuring openness and fair competition. Notably, a significant fraction of these businesses also devote a notable amount of their resources to research and development (R&D) and actively participate in innovation activities. According to the survey's findings, firms may be encouraged to invest in innovation by competition laws that are properly implemented, which is consistent with neoclassical economic theory. In spite of the favorable attitudes and investments in innovation, there are differences amongst West Javan enterprises in competitiveness metrics like market share and profitability. This highlights the intricate connection—which varies depending on the sector and industry—between company competitiveness and competition legislation. Qualitative insights gleaned from interviews shed light on the dynamics and obstacles unique to the industry, highlighting the necessity of customized strategies for competition law enforcement. The paper also outlines obstacles, including a lack of knowledge about competition law among enterprises, resource limitations that regulatory bodies must deal with, and worries about intellectual property protection in very competitive markets. These results highlight the need of raising awareness and developing capacity among regulatory agencies as well as businesses. The research has consequences for policymaking as well, pointing to the need for programs to raise business understanding, provide funding to regulatory bodies, and create safeguards for intellectual property rights. The study adds to our knowledge of how competition legislation affects corporate behavior and offers insightful information that can guide regulatory strategies in developing nations like West Java.
Legal Challenges in the Development of Information and Communication Technology SMEs in Jabodetabek Region, Indonesia Ujang Badru Jaman; Arief Fahmi Lubis; Muhamad Sigid Safarudin; Suhartono Suhartono
West Science Law and Human Rights Vol. 1 No. 04 (2023): West Science Law and Human Rights
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v1i04.321

Abstract

The Jabodetabek region of Indonesia has had notable growth in the Information and Communication Technology (ICT) sector, primarily due to the efforts of Small and Medium-sized Enterprises (SMEs). SMEs encounter a complex network of legal obstacles that impede their growth and ability to compete. Using a mixed-methods approach that includes both quantitative surveys and qualitative interviews, this study explores these issues. The findings draw attention to important legal difficulties, such as limited access to legal services, contract conflicts, cybersecurity concerns, intellectual property issues, and regulatory compliance. The competitiveness and development of SMEs are significantly impacted by these issues. Comprehensive legal and legislative changes are advised to address these problems. These include simplified rules, strict enforcement of intellectual property rights, effective dispute resolution procedures, cybersecurity assistance, and improved access to legal services. This study highlights the significance of a supportive legal framework for innovation and economic growth, adding to our understanding of the legal aspects of ICT SME development in Jabodetabek.
Legal Challenges in Regulating and Supervising Street Vendors in Banten Province Hudjolly; Yana Priyana
West Science Law and Human Rights Vol. 1 No. 04 (2023): West Science Law and Human Rights
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v1i04.322

Abstract

In Banten Province, Indonesia, street vending is a prominent and vibrant economic activity that boosts local economies and the region's cultural diversity. Nonetheless, there are particular legal difficulties with regard to street vending oversight and control. This study examines the perspectives and experiences of street vendors, looks into the legal ramifications of street vending in Banten Province, and considers the wider implications for community well-being and government. The results show a complicated regulatory environment with conflicting laws, uneven enforcement, and unclear provisions. Street sellers routinely run afoul of the law, struggle to get licenses, and have run-ins with the law, all of which contribute to their financial instability. Inadequate enforcement, corruption, and rent-seeking conduct are examples of regulatory issues that disproportionately affect vulnerable communities. Comparative analyses provide information from globally effective techniques. Simplifying licensing processes, boosting public awareness campaigns, strengthening enforcement strategies, and encouraging participatory regulation are among the recommendations. It is also suggested to create zones specifically for vending. The objective of these proposals is to create a balanced environment that is advantageous to both street sellers and the larger community by creating a more equitable and effective regulatory framework for street vending in Banten Province.
Islamic Perspectives on Cybersecurity and Data Privacy: Legal and Ethical Implications Koko Komaruddin; Andrew Shandy Utama; Eko Sudarmanto; Sugiono Sugiono
West Science Law and Human Rights Vol. 1 No. 04 (2023): West Science Law and Human Rights
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v1i04.323

Abstract

In the rapidly evolving landscape of cybersecurity and data privacy, the interface between culture, ethics, and law plays a pivotal role. This study delves into "Islamic Perspectives on Cybersecurity and Data Privacy: Legal and Ethical Implications" to investigate how Islamic principles and values intersect with contemporary cybersecurity practices. Combining qualitative content analysis of Islamic texts with a quantitative survey, the research reveals a strong alignment between Islamic principles and modern cybersecurity norms, particularly in areas of privacy, honesty, and the prevention of harm. However, it also highlights the legal and ethical challenges that arise, such as reconciling the prohibition of 'gharar' and addressing the intersection of Islamic finance with digital transactions. The findings emphasize the need for inclusive and culturally sensitive approaches to cybersecurity, informed by a deeper understanding of Islamic ethics and jurisprudence.

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