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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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Execution of Fiduciary Guarantee at Consumer Finance Institutions Sundaru Guntur W; Ecbla Prihadyatama; Fredy Susanto
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.v2i03.1073

Abstract

Motor vehicles are a staple need today, so that the existence of consumer finance companies is very much needed by the community, In addition, the high level of need for consumptive goods and the limited ability or purchasing power of most people to buy in cash make consumer finance institutions so much in demand by the community, so that consumer finance institutions (consumer finance) is quite active in supporting the business world in Indonesia, both for new motorcycles and for used motorcycle units as well as financing furniture and electronic goods. Consumer financing activities are carried out by providing installment payment options in accordance with the consumer's ability and long term. Problems arise when installment payments are delayed or even to the act of deliberately transferring the vehicle to another party without the approval of the financing institution. When this happens, the financing institution will finally look for its vehicle rather than looking for a debtor who will definitely not pay installments anymore, for that a third party called a debt collector appears who is invited to work together. The pros and cons of using third-party services are what make the author analyze in this study, because often the use of third-party services will also cause new problems.
Governance Policy on The Impact of Marble Mining Activities in Tulungagung Regency Reviewed from the Perspective of Sustainable Development Muhammad Rama Sanjaya; Kasyful Azhim
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.v2i03.1109

Abstract

This research aims to analyze governance policies on the impact of marble mining activities in Tulungagung Regency from a sustainable development perspective. Marble mining activities in this area have significant environmental, social and economic impacts. This research uses a qualitative approach with a case study method. Data was obtained through in-depth interviews with stakeholders, field observations, and analysis of related policy documents. The research results show that although there have been efforts to integrate sustainable development principles in marble mining governance policies, implementation still faces various challenges. Some of these include a lack of supervision and law enforcement, as well as limitations in community participation. This study recommends increasing the capacity of management institutions, strengthening community participation, and increasing coordination between sectors as strategic steps to increase the sustainability of marble mining activities in Tulungagung Regency.
Performance of Law Enforcement Officials in the Application of Article 33 of Law No. 11 of 2012 in the Vina Cirebon Case Sainul Hamid; Sufriaman Sufriaman; Andri Triyantoro
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.v2i03.1116

Abstract

This study examines the performance of law enforcement officials in applying Article 33 of Law No. 11 of 2012 within the context of the Vina Cirebon case. Utilizing a qualitative approach, the research employs juridical normative analysis to explore the effectiveness and challenges faced by officials in enforcing the law. The findings reveal varying levels of understanding and awareness of Article 33 among law enforcement officials, impacting the consistency and effectiveness of its application. Key challenges identified include insufficient training and resources, discretionary decision-making, and difficulties in victim participation. Despite the potential benefits of diversionary measures, inconsistencies in their application and a lack of follow-up mechanisms hindered their effectiveness. The study concludes with recommendations for enhancing training programs, standardizing procedures, improving victim engagement, and increasing resources to support the successful implementation of diversion measures. This research contributes to a deeper understanding of the practical implications of legal provisions and offers recommendations for strengthening the juvenile justice system in Indonesia.
Legal Analysis of the TAPERA Programme in Increasing the Availability of Housing for Low-Income Communities in Indonesia Based on PP No. 21 of 2024 Emmi Rahmiwita Nasution; Nuryati Solapari; Yuli Triastuti
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.v2i03.1117

Abstract

This study conducts a normative juridical analysis of the TAPERA Programme, established by Government Regulation No. 21 of 2024, focusing on its efficacy in increasing the availability of housing for low-income communities in Indonesia. The TAPERA Programme aims to address housing affordability by encouraging savings among low-income individuals and providing financial assistance for housing needs. This research examines the legal framework, operational mechanisms, and regulatory environment of the programme, assessing its alignment with national housing policies and its potential impact. The findings indicate that while the TAPERA Programme holds significant promise due to its inclusive approach and emphasis on sustainability, challenges related to participation rates, implementation efficiency, and regulatory coherence need to be addressed. This analysis contributes to a deeper understanding of the legal and regulatory dimensions of housing policies in Indonesia, providing insights for policymakers and stakeholders involved in housing development for low-income communities.
The Urgency of Presidential Regulation No. 21 of 2024 in the Context of Social Assistance and Online Gambling in Indonesia Nur Ayu; Tetty Melina Lubis; Arief Fahmi Lubis
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.v2i03.1118

Abstract

This study examines the urgency of Presidential Regulation No. 21 of 2024 in addressing the dual issues of social assistance distribution and online gambling in Indonesia through a normative juridical analysis. The regulation aims to enhance the efficiency and transparency of social assistance programs while implementing stringent measures to control the proliferation of online gambling. Key provisions include the establishment of a centralized database, digital payment systems, regular audits, and strict licensing requirements for online gambling platforms. The analysis reveals that these measures are well-aligned with existing laws and have the potential to significantly improve social welfare and mitigate the negative impacts of online gambling. However, successful implementation will require overcoming challenges such as bureaucratic resistance and technological infrastructure needs. The study underscores the regulation's pivotal role in promoting social welfare and provides insights for policymakers to further strengthen regulatory frameworks in these areas.
Evaluation of the Regional Head Age Limit Policy in Indonesia After the Supreme Court Decision Number 23 P / HUM / 2024 La Ode Purnama Hamid; Nabiel Fikril Islami; Karman Jaya
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.v2i03.1119

Abstract

This study evaluates the regional head age limit policy in Indonesia following the Supreme Court Decision Number 23 P/HUM/2024 through a normative juridical analysis. The age limit policy, governed by Law No. 10 of 2016, aims to ensure capable leadership by imposing a minimum age requirement for candidates. However, the Supreme Court's decision raises questions about the policy's alignment with constitutional principles of equality, non-discrimination, and democratic participation. The analysis examines statutory regulations, legal principles, and comparative insights from other democratic countries to understand the policy's rationale and implications. Findings highlight the need for a balanced approach that ensures legal consistency and promotes inclusive, effective regional governance. Recommendations include lowering the minimum age requirement, implementing a flexible age range, and incorporating empirical evidence to refine the policy, ensuring it serves the principles of justice, democratic participation, and effective governance.
Analysis of the Effectiveness of Customs Services in the Perspective of Law in Indonesia Siska sanjahaya Jahir; Tetty Melina Lubis; Arief Fahmi Lubis
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.v2i03.1121

Abstract

This study aims to analyze the effectiveness of customs services in Indonesia from a legal perspective, utilizing a normative juridical approach. It examines the regulatory framework governing customs operations, identifies implementation gaps, and assesses enforcement mechanisms. Key areas of focus include bureaucratic inefficiencies, transparency issues, technological integration, and compliance enforcement. The findings highlight significant challenges in the current customs service framework, such as lengthy procedures, corruption, and inadequate use of technology. Recommendations are proposed to streamline procedures, enhance transparency, invest in technology, strengthen enforcement, and adopt international best practices. These improvements are essential for aligning Indonesia's customs services with international standards and supporting economic growth through enhanced trade facilitation.
The Effectiveness of Indonesia's Anti-Corruption Law on Legal Reform and Implementation Ardy Gunawan Tomagola; Wahid Yaurwarin; Jakobus Anakletus Rahajaan; Agustinus Jonas Sahetapy; Reni Wahyuni Kalauw
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.v2i03.1129

Abstract

This study examines the efficacy of Indonesia's anti-corruption legislation in the wider framework of legislative restructuring and its execution. The paper investigates the legal frameworks and regulatory measures implemented to combat corruption, using a normative juridical analysis. The primary objective is to examine the impact of these laws on legal reform, evaluate their enforcement, and highlight the problems encountered in their practical implementation. The results demonstrate substantial advancements in legislative actions, but also underscore enduring barriers in execution, such as legal ambiguities, administrative stagnation, and corruption within law enforcement entities. This study highlights the importance of implementing comprehensive legal reforms and strong policies to improve the effectiveness of anti-corruption measures in Indonesia. Guidelines are given to promote future anti-corruption efforts by improving the legislative framework, increasing institutional capability, and cultivating political backing.
Legal Certainty of Patients’ Right to Autonomy Protection in High-Risk Health Services Anggra Yudha Ramadianto; Neni Sri Imaniyati
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.v2i03.1148

Abstract

The relationship between medical personnel and patients in health services should be viewed as a legal relationship between humans who have equal rights. There are two basic human rights in health services, the right to autonomy and the right to information. The results of the study indicate that the protection of patients' autonomy rights is one of the principles in biomedical ethics used as the moral basis for the provision of health services. The form of protection of patients' autonomy rights in health services is realized through regulations related to Informed Consent in Law Number 17 of 2023 Concerning Health and Minister of Health Regulation Number 290 of 2008 Concerning Consent to Medical Actions. Meanwhile, regulations related to the protection of patients' autonomy rights for high-risk health care actions have not met legal certainty because the health care actions are not classified as high-risk.
Constitutionalism and the Rule of Law in Indonesia: Historical Development and Contemporary Issues Irman Putra; Arief Fahmi Lubis
West Science Law and Human Rights Vol. 1 No. 02 (2023): West Science Law and Human Rights
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v1i02.1164

Abstract

This paper explores the historical development and contemporary issues of constitutionalism and the rule of law in Indonesia through juridical analysis and literature review. The study traces the evolution of Indonesian law from the colonial period, through the ratification of the 1945 Constitution, the Guided Democracy and New Order regimes, and the Reformation era. It highlights key milestones and challenges in building a strong constitutional democracy. Contemporary issues such as judicial independence, human rights, and governance are analysed to understand ongoing efforts and obstacles in strengthening the rule of law in Indonesia. By synthesising existing literature and legal texts, this paper provides a comprehensive overview of Indonesia's legal trajectory and current challenges, and offers insights into future reforms needed to enhance constitutional governance.

Page 7 of 25 | Total Record : 249

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