West Science Law and Human Rights最新文献

{"title":"Protecting Digital Society: Policies for Criminalizing Illegal Smartphone Applications Through Cyber Law Frameworks","authors":"Kity Tokan, Muhammad Erham Amin, Ahmad Syaufi, Mispansyah Mispansyah","doi":"10.58812/wslhr.v2i03.1055","DOIUrl":"https://doi.org/10.58812/wslhr.v2i03.1055","url":null,"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.","PeriodicalId":489648,"journal":{"name":"West Science Law and Human Rights","volume":"19 8","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141648061","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Enforcement of Environmental Criminal Law in Cases of Environmental Pollution by Corporations","authors":"Trisna Agus Brata, Imam Syafa’I","doi":"10.58812/wslhr.v2i02.750","DOIUrl":"https://doi.org/10.58812/wslhr.v2i02.750","url":null,"abstract":"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.","PeriodicalId":489648,"journal":{"name":"West Science Law and Human Rights","volume":"31 S109","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140224613","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Cybersecurity in the Western Balkans and European Regulation","authors":"Halim Bajraktari, Valeri Qatani","doi":"10.58812/wslhr.v1i04.313","DOIUrl":"https://doi.org/10.58812/wslhr.v1i04.313","url":null,"abstract":"The technological leap is challenging interoperable government ideas and policies for cybersecurity. Online platforms, telecommunications networks require policies that track their changes to prevent negative computer phenomena. Some countries see the opportunity for cooperation and partnership to increase cybersecurity, while other need to prepare strategic frameworks alone to face cyber warfare. Good European practices serve as a model for the Western Balkan states, guiding them towards proper legal regulation and internal legal alignment with the laws of the European Union. The Western Balkans region faces an intensification of cases showing weak cybersecurity strategies and intractable barriers to preventing cyber warfare. Cybersecurity poses not only a challenge for the Western Balkans but also a global challenge, impacting the capacity and well-thought-out government policies of the Western Balkan countries, which are also transitional countries. Through this study, the cyber landscape in which different actors navigate will be explored.","PeriodicalId":489648,"journal":{"name":"West Science Law and Human Rights","volume":"5 12","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136068325","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Implication of Generative Artificial Intelligence towards Intellectual Property Rights (Examining the Multifaceted Implications of Generative Artificial Intelligence on Intellectual Property Rights)","authors":"Priscilla Auleader Napitupulu, Clara Alrosa Fernanda Sinaga, Albert Lukas Pithel Hasugian","doi":"10.58812/wslhr.v1i04.330","DOIUrl":"https://doi.org/10.58812/wslhr.v1i04.330","url":null,"abstract":"Generative Artificial Intelligence (Generative AI) is transforming content creation, enabling faster and cheaper production of text, images, and more. However, it raises complex issues regarding intellectual property rights and ownership. This article explores the evolving landscape of AI-generated content, focusing on its alignment with existing intellectual property regulations. It delves into legal disputes exemplified by cases like Getty Images, INC. v. Stability AI, INC, and Doe v. Github, INC, which highlight the challenges of AI-generated content regarding intellectual property. The article also discusses the impact on the creative sector and offers recommendations, including the need for ethical guidelines, education, hybrid collaboration, public involvement, and international cooperation. Addressing these challenges is crucial to harmonize intellectual property rights and maximize the benefits of AI in content creation.","PeriodicalId":489648,"journal":{"name":"West Science Law and Human Rights","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136070689","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Legal Challenges in Regulating and Supervising Street Vendors in Banten Province","authors":"None Hudjolly, Yana Priyana","doi":"10.58812/wslhr.v1i04.322","DOIUrl":"https://doi.org/10.58812/wslhr.v1i04.322","url":null,"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.","PeriodicalId":489648,"journal":{"name":"West Science Law and Human Rights","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136068939","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Disinformation and Hate Speech on Social Media, Data Protection in the European Union","authors":"Enver Buçaj, Valeri Qatani","doi":"10.58812/wslhr.v1i04.296","DOIUrl":"https://doi.org/10.58812/wslhr.v1i04.296","url":null,"abstract":"The large scale of the rise of hate speech on social media and disinformation by a large mass of social media users push governments and states to influence and take preventive measures. Today, social media is used, and in many cases through which hate speech is increasing. Given the impact on society, the spread of hate speech represents the main component that also marks an increase in different spheres. The Member States of the European Union are the basis for preventing and sanctioning hate speech online and have the Charter of Fundamental Rights of the European Union. But the fact that it results in a widespread practice for the European population: threats, violence, blackmail, disinformation, and intolerable language through social media, raised on various grounds such as race, ethnic background and sexual orientation. Disinformation, hate speech on social media and data protection, except for being regulated at the central level, as such, to deal with cases relating to these issues, Member States at state level have taken additional measures to prevent cases and to influence the reduction of victims generated by social media. The finding is marked by a sufficient number of victims through social media with multiple users of hate speech. The number of users identifying hate speech has decreased year-on-year.","PeriodicalId":489648,"journal":{"name":"West Science Law and Human Rights","volume":"437 ","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136068327","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Role of Competition Law in Encouraging Innovation and Competitiveness of Companies in West Java","authors":"Emmi Rahmiwita Nasution, Henry Kristian Siburian, Loso Judijanto, Efendi Sugianto","doi":"10.58812/wslhr.v1i04.320","DOIUrl":"https://doi.org/10.58812/wslhr.v1i04.320","url":null,"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.","PeriodicalId":489648,"journal":{"name":"West Science Law and Human Rights","volume":"2 ","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136070831","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Implications of Legal Uncertainty of the Provisions on Hybrid Threats in the Indonesia National Defense System","authors":"Muhammad Hamdi Karim, Mhd. Halkis, Susaningtyas Nefo Kertopati","doi":"10.58812/wslhr.v1i04.294","DOIUrl":"https://doi.org/10.58812/wslhr.v1i04.294","url":null,"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.","PeriodicalId":489648,"journal":{"name":"West Science Law and Human Rights","volume":"337 ","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136070996","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Islamic Perspectives on Cybersecurity and Data Privacy: Legal and Ethical Implications","authors":"Bakhrudin Bakhrudin, Fahmi Ihsan Margolang, Eko Sudarmanto, Sugiono Sugiono","doi":"10.58812/wslhr.v1i04.323","DOIUrl":"https://doi.org/10.58812/wslhr.v1i04.323","url":null,"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.","PeriodicalId":489648,"journal":{"name":"West Science Law and Human Rights","volume":"42 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136068326","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Legal Protection of Creditors in Credit Agreements with Warranties of Power of Attorney Impose Collateral Rights That Have not Been Registered Based on PMA/KBPN NUMBER 22 of 2017 at Pt. BPR Harta Mandiri Pekanbaru","authors":"Reza Azurma, Yulfasni Yulfasni, Syahrial Razak","doi":"10.58812/wslhr.v1i04.148","DOIUrl":"https://doi.org/10.58812/wslhr.v1i04.148","url":null,"abstract":"Encounter rapidly growing, competitive, and integrated national economic development with increasingly complex challenges and an increasingly advanced financial system that requires policy adjustments in the economic field, including banking. Economic recovery is inseparable from the banking business's hazardous credit distribution. Therefore, collateral is significant in the issuance of credit. In practice, the Bank as a creditor provides credit facilities to the debtor. SKMHT was made to become a basis for making a Deed of Mortgage Rights (APHT). However, SKMHT has a term. Thus, both the creditor and the notary / PPAT must pay serious attention to the validity period because the expired SKMHT affects the APHT cannot be registered, so the Bank cannot execute the debtor's default guarantee object. The problems in this study are the factors that affect creditors in credit agreements with SKMHT guarantees that cannot register their rights and how to protect creditor law in credit agreements with SKMHT guarantee based on PMA / KBP Number 22 of 2017. The research method used is juridical-empirical and descriptive analysis, then analyzed qualitatively. Banks in credit binding only limited SKMHT as a bridge to make APHT. When SKMHT cannot be increased to APHT, the Bank cannot execute the guarantee object in the credit agreement. The factors that influence SKMHT cannot be upgraded to APHT because the Bank gives credit on specific credit based on the PMA / KBPN Number 22 of 2017, the process of registration of the mortgage is too long, negligent Notary / PPAT considering the expiry of SKMHT period so that the legal protection that can be done is by filing a civil suit at the local District Court with evidence of the binding of credit agreement between the Bank and the debtor. So that the object of the collateral can be executed.","PeriodicalId":489648,"journal":{"name":"West Science Law and Human Rights","volume":"7 5","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136068480","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}