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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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Application of International Law in Tackling Money Laundering Trias Pangesti
West Science Law and Human Rights Vol. 2 No. 03 (2024): West Science Law and Human Rights
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v2i03.783

Abstract

Money laundering has become a complex and challenging global issue, this complexity is compounded by its cross-border nature, which demands effective international cooperation in its handling and the application of international law to be key to comprehensively combating trafficking and preventing the proliferation of proceeds of crime. International law related to trafficking has evolved rapidly in recent decades. Beginning with the 1988 Vienna Convention on Psychotropic Drugs and Psychotropic Substances, various international legal instruments have been formulated to define trafficking, criminalize its perpetrators, and strengthen cooperation between states. For example the United Nations Convention Against Transnational Organized Crime (Palermo Convention) of 2000 and Recommendation 40 of the FATF, In 2022, the Center for Financial Transaction Reporting and Analysis (PPATK) fully disclosed the amount of Money Laundering (TPPU) which reached IDR 183.88 trillion. Indonesia has ratified various international legal instruments related to TPPU and implemented them in national regulations. Law Number 23 of 2003 concerning Money Laundering and Terrorism Financing is the main legal basis in Indonesia. PPATK, as a UIF (Financial Intelligence Unit), plays an important role in collecting, analyzing, and disseminating information related to TPPU to relevant authorities.
A Legal Study of the Dynamics of the Determination of the Age Limit of Candidates for President and Vice President by the Constitutional Court in Indonesia Loso Judijanto; Andri Triyantoro; Fauzan Fauzan
West Science Law and Human Rights Vol. 2 No. 02 (2024): West Science Law and Human Rights
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v2i02.856

Abstract

The determination of age limits for presidential and vice-presidential candidates in Indonesia has been the subject of debate in legal and public circles. This research uses comprehensive analysis to explore the legal dynamics surrounding the age eligibility criteria for this high executive office, focusing on judicial interpretations, public perspectives, and policy implications. By examining constitutional provisions, judicial interpretations, public discourse and scholarly works, this research sheds light on the complexities and implications of age-limit provisions in Indonesia's electoral system. The findings contribute to a deeper understanding of the legal, political and social dimensions that shape age eligibility criteria and their implications for democratic governance.
The Role of Law No. 17 Year 2003 in Promoting Sustainable Financial Performance of State-Owned Enterprises in Indonesia Loso Judijanto
West Science Law and Human Rights Vol. 2 No. 02 (2024): West Science Law and Human Rights
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v2i02.857

Abstract

This study investigates the impact of Law No. 17 Year 2003 on promoting sustainable financial performance among State-Owned Enterprises (SOEs) in Indonesia through a qualitative analysis. Interviews were conducted with 10 key informants, including government officials, SOE executives, and industry experts, and data were analyzed using NVivo software. The analysis revealed insights into regulatory compliance, corporate governance practices, strategic decision-making, and challenges and opportunities facing Indonesian SOEs. Despite regulatory challenges such as inconsistent enforcement and political interference, opportunities for improvement including regulatory reforms, stakeholder engagement, and organizational reforms were identified. The findings highlight the complex dynamics influencing SOE performance and underscore the need for collaborative efforts to enhance transparency, accountability, and competitiveness within Indonesian SOEs.
The Effect of Constitutional Court Decision Number 19/PUU-XX/2022 on Tax Fairness and Compliance among Business Entities in Indonesia Loso Judijanto
West Science Law and Human Rights Vol. 2 No. 02 (2024): West Science Law and Human Rights
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v2i02.858

Abstract

The Indonesian Constitutional Court's Decision Number 19/PUU-XX/2022 has significant implications for tax fairness and compliance among business entities in Indonesia. This research employs a qualitative approach to explore the multifaceted effects of this decision on tax-related behaviors and perceptions within the Indonesian business community. Through in-depth interviews, thematic analysis, and theoretical frameworks, this study aims to provide insights into how constitutional court decisions shape tax compliance and fairness perceptions in a developing economy like Indonesia. The findings of this research contribute to the understanding of legal influences on tax behavior and inform policy recommendations aimed at enhancing tax compliance and fairness in Indonesia.
Comparison of Legal Aspects of Consumer Protection in E-commerce Transactions and TikTok Shop in Indonesia Loso Judijanto; Nuryati Solapari; Asma Karim; Evy Febryani
West Science Law and Human Rights Vol. 2 No. 02 (2024): West Science Law and Human Rights
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v2i02.859

Abstract

Consumer protection in the digital age presents unique challenges and opportunities, particularly in the context of emerging platforms like TikTok Shop. This study undertakes a comparative analysis of the legal aspects of consumer protection in e-commerce transactions and TikTok shops in Indonesia. Through a normative approach, key similarities, differences, challenges, and opportunities are identified, shedding light on the evolving regulatory landscape and its implications for consumers, businesses, and policymakers. Findings highlight the need for adaptive regulation, enhanced enforcement mechanisms, industry collaboration, and consumer empowerment to ensure a fair, transparent, and accountable digital commerce ecosystem.
Protection Consumers Against Beauty Salons In Performing Invasive Actions Devi Fahwi Kurniastuti; Ratna Wulan Valentina; Risky Eka Pratama; Yessa Ayu Agista; Aris Prio Agus Santoso
West Science Law and Human Rights Vol. 2 No. 02 (2024): West Science Law and Human Rights
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v2i02.865

Abstract

The rapid development of the times not only creates a need related to clothing, food and shelter, but also creates other needs in the form of beauty needs. This is the reason many business actors have begun to switch to offering services in the beauty sector.  There is an overlap regarding the duties and authority of nurses who perform invasive actions in the practice of independent surgery.  This study utilizes a normative legal method as its research foundation in examining beauty salons in Indonesia. This method is known for its emphasis on analyzing written legal norms and related references concerning regulations on beauty and aesthetics. Actions taken by nurses without the supervision of a doctor can be considered a violation of the applicable law. Thus, it is important for the government and consumer organizations to continue to supervise and control beauty salon practices in order to ensure that the services provided comply with consumer health and safety standards. This supervision is also important to prevent unnecessary invasive actions that could potentially harm consumers.
Protection of Pertamina Logo Intellectual Property Rights against Brand Use outside the Collaboration Network Deardo Pieter Saragih; Ahmad Izzul Ramadhani; Rafy Naufal Padang Legrants
West Science Law and Human Rights Vol. 2 No. 02 (2024): West Science Law and Human Rights
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v2i02.870

Abstract

This research aims to show rights protection and sanctions for brand use outside the collaboration network. The research method used is normative legal research using a statute approach and a conceptual approach and analyzing by deduction. The results of this research show that the use of the Pertamina logo as a brand use or symbol outside the cooperation network is not permitted or violates the provisions and can be filed as a lawsuit or compensation by Article 83 of the Trademark and Geographical Indications Law. This is because the use of the Pertamina logo as a brand can only be used by the brand owner or other parties based on a written agreement (license). So the perpetrator can be subject to imprisonment for a maximum of 5 (five) years and/or a fine of a maximum of IDR 2,000,000,000.00 (two billion rupiah) because they have fulfilled the elements as intended in Article 100 paragraph (1) of the Trademark Law. and Geographical Indications. Apart from that, the perpetrator must also stop all actions related to the use of PT Pertamina's logo because they do not have legal rights to use the logo. If in this case the perpetrator does not stop all his actions, the brand owner can file a lawsuit in the form of a lawsuit for compensation and a lawsuit to stop all actions related to the use of the logo/brand as regulated in Article 83 paragraph (1) of the Trademark and Geographical Indications Law and the Directorate General of Property. Intellectuals will also reject the brand if the Pertamini business actor registers the brand.
Authority of Amicus Curiae in Constitutional proceedings : Bridging Society and the Constitutional Court Erlinda Putri Nurdiyanti; Fayza Galih Nur Rohmah; Mahageng Kusumaningtyas; Aris Prio Agus Santoso
West Science Law and Human Rights Vol. 2 No. 03 (2024): West Science Law and Human Rights
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v2i03.970

Abstract

Amicus Curiae, or friends of the court, is an important instrument in constitutional proceedings in Indonesia even though it does not yet have a standard legal basis. This study discusses the authority of Amicus Curiae in providing additional information, enriching the judge's consideration, and supervising the proceedings of the Constitutional Court. The method used is the literature study approach, which is a research method whose series of research is related to the method of collecting library data, or research whose object of research is studied through various literature information, such as: books, journals, articles and documents. Amicus Curiae is filed in the form of a written document containing legal arguments and other relevant analysis. The Constitutional Court has the authority to reject Amicus Curiae that are judged irrelevant or filed with improper motives. On the other hand, a quality Amicus Curiae can have a positive influence on the decisions of the Constitutional Court and contribute to law enforcement and democracy in Indonesia. Amicus Curiae has not been clearly regulated in Indonesia, but in principle it is accepted under article 5 paragraph 1 of the Law on Judicial Power "Judges and constitutional judges are obliged to explore, follow and understand the legal values and sense of justice that live in society. Furthermore, the confession of the Amicus Curiae can be found in article 180 paragraph 1 of the Code of Criminal Procedure which states that "In the event that it is necessary to clear up the sitting of the matter arising in court, the presiding judge of the trial may request expert testimony and may also request to submit new material by the interested person.
Strengthening Democracy and Law Post The 2024 Elections in Indonesia Willy Aditya; Syaiful Rohman
West Science Law and Human Rights Vol. 2 No. 03 (2024): West Science Law and Human Rights
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v2i03.1009

Abstract

A strong democracy will create broader public participation in the development process through transparent and accountable democratic mechanisms. Thus, democracy is a political system that ensures inclusive and sustainable economic growth and creates solid social stability. As individuals and communities, we are responsible for strengthening democracy to realize equitable and sustainable national development through active involvement in democratization and support for policies that favor social justice and shared prosperity. After the 2024 elections, polarization in society due to the power struggle is still felt, so the role of political parties and the government is crucial in maintaining political stability and the country's future development. This research will analyze the factors that can be used to strengthen democracy. The results show that the rule of law determines the process of strengthening democracy, the role of political parties, community involvement, and the professionalism of election organizers to achieve common goals and national progress.
Protecting Digital Society: Policies for Criminalizing Illegal Smartphone Applications Through Cyber Law Frameworks Kity Tokan; Muhammad Erham Amin; Ahmad Syaufi; Mispansyah Mispansyah
West Science Law and Human Rights Vol. 2 No. 03 (2024): West Science Law and Human Rights
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v2i03.1055

Abstract

This research aims to contribute to the development of criminal law policies addressing the widespread distribution of smartphone applications, both APK and iOS, that are used as tools for unauthorized online loan activities, online fraud, threats, and intimidation. These applications often disguise themselves as legitimate online loan platforms, wedding invitation apps, and parcel delivery services. Upon download, they illicitly debit mobile banking accounts or present themselves as government auction platforms for criminal goods at discounted prices, posing significant threats to consumers, debtors, and the general public. Theoretical framework: The foundation of this research lies in cyber law theory, which endeavors to create legal strategies to address cybercrimes and safeguard the digital community. This study utilizes a multidisciplinary approach, integrating legal analysis, policy assessment, and collaboration with stakeholders. Methods: This study utilized the normative juridical method to examine digital policies by criminalizing illegal smartphone applications through cyber law policies. This approach involves a systematic legal analysis of current regulations, assessing their effectiveness, and suggesting formal legal measures to address new threats posed by unauthorized applications, with an emphasis on protecting digital society from harm. Results and Conclusions: This indicates a pressing need for comprehensive criminal law policies specifically designed to effectively combat these unauthorized applications. Such policies are crucial in preventing and mitigating the harms caused by these applications before they impact society. The author's contribution lies in proposing formal offenses against the creators and disseminators of these applications. malicious applications, thereby bridging the current gap in legal measures to counteract digital criminal activities. Originality/Value: This research underscores the urgency of formulating and implementing cyber law policies to safeguard the public from the detrimental effects of illicit smartphone applications. Its originality lies in proposing innovative legal strategies to proactively address emerging digital threats.

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