West Science Law and Human Rights

Resolving Serious Violations of Human Rights in Non-Judicial Mechanisms in Indonesia

2024-03-25T01:52:50+00:00

Protection and respect for human rights is the state's responsibility, especially the government. The state is morally and politically responsible for ending the nation's wounds to create harmony in national and state life. Therefore, the government is obliged to resolve cases Serious Violations of Human Rights either judicially or non-judicially. Legislation has outlined that Serious Violations of Human Rights can be resolved through judicial and non-judicial mechanisms. The government has issued various policies to resolve Serious Violations of Human Rights through non-judicial mechanisms that aim to focus on recovering victims. This research uses qualitative methods using credible and relevant data sources. This research shows that non-judicial resolution Serious Violations of Human Rights is a middle way to provide a sense of justice to victims. The state is responsible and provides victims' rights through a reconciliation process to create harmony among society in the nation and state.

Comparison of Legal Aspects of Consumer Protection in E-commerce Transactions and TikTok Shop in Indonesia

2024-04-26T07:16:36+00:00

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.

The Role of Law No. 17 Year 2003 in Promoting Sustainable Financial Performance of State-Owned Enterprises in Indonesia

2024-04-26T07:18:02+00:00

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.

Commercial Exploitation of Children in Belgium in International Law

2024-04-22T01:14:19+00:00

Child exploitation is an act of using children for the benefit of others, satisfaction or profit which often results in unfair, cruel and harmful treatment of children. Child protection is non-discrimination, non-exploitation and non-abandonment; it is a form of child rights that must be fulfilled, respected and protected by the family, community, government and state. Child exploitation is one of the most severe forms of violence against children, and it will adversely affect children themselves, both physically and mentally. This exploitation is like forcing them to work, this is very unacceptable because it will hamper their development, Children should have freedom, enjoy the world, and have their rights protected. The occurrence of child exploitation is also influenced by various social factors such as poverty and economics. The protection of child labor has been regulated in the formulation of laws with International Conventions ratified by various countries (Nieuwenhuys, O. (2000).

Public domain as an antidote conception to efforts to protect traditional cultural expressions (TCEs)

2024-04-26T07:19:03+00:00

This paper analyzes how the public domain conception applied in the provisions of Intellectual Property Rights is used by foreign parties in an attempt to hinder the protection of Traditional Cultural Expressions (TCEs) in a country, because of the potential economic benefits resulting from their use, this condition is clearly very vulnerable to misappropriation committed by foreign parties, destruction of cultural values, and exploitation. This study also aims to find out how countries, especially Indonesia, provide protection for Traditional Cultural Expressions. Because of the importance of protecting Traditional Cultural Expressions, doctrinal and comparative research is directed at finding problem solvers. After conducting research, the public domain should not be placed on Traditional Cultural Expressions because it would violate the secret character of many intangible, sacred, and secret elements that living things have to cultural heritage and would highlight the deterioration and unauthorized appropriation of cultural values. And some countries have regulated the protection of Traditional Cultural Expressions in different ways through IPR regimes or sui generis. However, there is a need for a model law in the form of collective agreements between countries to protect Traditional Cultural Expressions owned by indigenous peoples or owning communities.

Protection Consumers Against Beauty Salons In Performing Invasive Actions

2024-05-06T02:16:10+00:00

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.

Analysis of Government Policy on Data Collection and Recording of Population Documents as An Implementation of The Principle of Legal Certainty

2024-03-25T01:53:17+00:00

The government's efforts in collecting data and recording population documents have the aim of making the policy to ensure legal certainty for citizens and to make it easier for the public to fulfill their interests. Civil registration is part of the overall population administration system which consists of population registration and civil registration sub-systems. Documents issued by institutions/agencies that handle various public affairs and interests certainly cannot be separated from a series of administrative processes which will ultimately be stored/stored in an archive/data file. The issue raised in this research is how government policies regarding Population Data Collection and Recording can provide legal certainty for all Indonesian people. Based on the provisions for recording names as stipulated in Minister of Home Affairs Regulation Number 73 of 2022 concerning Recording Names in Population Documents, the name recording is carried out on the birth certificate in the event that the resident experiences an important event regarding the birth of a child, so the name recording is carried out on the child's birth certificate in the family. or residents concerned. The aim is to know and understand legal certainty regarding data collection and recording of population documents so that it will provide legal protection. To answer this problem, a normative research type research method was used, namely research using legal materials in the form of regulations, books, scientific articles related to data collection and recording of population documents. The results of this research provide confidence that the existence of data collection and recording of population documents has indeed provided legal certainty for the population of the Republic of Indonesia.

The Effect of Constitutional Court Decision Number 19/PUU-XX/2022 on Tax Fairness and Compliance among Business Entities in Indonesia

2024-04-26T07:17:16+00:00

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.

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

2024-04-26T07:18:35+00:00

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.

Enforcement of Environmental Criminal Law in Cases of Environmental Pollution by Corporations

2024-03-20T02:43:47+00:00

The occurrence of various cases of environmental pollution is a reflection of the lack of corporate responsibility towards the environment, hence the need for environmental law enforcement. The formulation of the problem in this study is: 1). How is the enforcement of environmental criminal law against corporations after the enactment of Law Number 32 of 2009 concerning Environmental Protection and Management?; 2). What legal obstacles arise in criminal practice if corporations pollute the environment after the enactment of Law Number 32 of 2009 concerning Environmental Protection and Management? This research is normative legal research. The findings in this study show that the implementation of law enforcement is still weak, meaning that the subjective policy of law enforcement to continue criminal acts to further proceedings. Conditions like this are used as opportunities for corporations to do as they want and seek the maximum profit. Therefore, law enforcement must be firm and consistent. The main obstacles that occur in law enforcement practices faced when corporations commit environmental crimes are seven obstacles that affect the enforcement of environmental criminal law including: a). Obstacles to the Human Resource Capability of Law Enforcement is Still Limited; b). Environmental Enforcement Has Not Been a Priority; c). Obstacles to coordination between agencies in handling environmental crimes; d). Obstacles to Law Enforcement Professionalism; e). Obstacles to Facilities or Facilities that Support Law Enforcement; f). Dependence of Environmental Criminal Law Enforcement Application on Administrative Law; g). Criminal Law is still the ultimate remedium in environmental law enforcement.