Domus Legalis Cogitatio
DLC is a peer-review journal published by Master of Law Study Program, Faculty of Law Universitas Atma Jaya Yogyakarta, Indonesia. Covering only English articles, DLC is published two times a year, in April-September and October-March. This website provides immediate open access to the journal’s contents on the principle that making research freely available to the public supports a greater global exchange of knowledge. DLC is primarily aimed to facilitate the legal scholars, researchers or practitioners in publishing their original or reviewed articles as well as to support the enactment of in-depth discussions on the related issues. It is also purposed to become a source of reference for those are involved in legal field. DLC covers any topics related to Business and Commercial Law, Constitutional Law, Litigation, and Natural Resources Management, covering various legal approaches: such as comparative law, sociology law, philosophy of law, legal history, and contemporary studies.
Articles
24 Documents
<![CDATA[CONCEPTION OF ECOLOGY AS THE SUBJECT OF PROGRESSIVE LAW AND THE EMBODIMENT OF INTER-GENERATION JUSTICE ]]>
<![CDATA[Vincentius Patria Setyawan]]>
<![CDATA[ Domus Legalis Cogitatio Vol 1 No 1 (2024): Domus Legalis Cogitatio Vol 1 No 1 April 2024 ]]>
Publisher : <![CDATA[Faculty of Law Atma Jaya Yogyakarta University ]]>
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DOI: 10.24002/dlc.v1i1.7546
<![CDATA[The unfinished discussion regarding progressive law is the subject of progressive law. Progressive law pays attention to the human aspects of judging and providing protection for entities that are "those who are weak" and need protection. Ecology is included in entities that require protection, so it has the potential to be conceptualized as a progressive legal subject. This article will analyze the potential of ecology as a subject of progressive law associated with the realization of inter-generational justice. The research method used in writing this article is a normative legal research method with a conceptual approach. The results of the analysis in this article show that ecology can be conceptualized as a progressive legal subject and in accordance with the embodiment of intergenerational justice. Ecology is not only needed by this generation but also needed by future generations.]]>
<![CDATA[THE URGENCY OF REGULATING THE MISUSE OF PERSONAL DATA POSSESSION BY E-COMMERCE FROM THE PERSPECTIVE OF COMPETITION LAW ]]>
<![CDATA[Prima Amri]]>
<![CDATA[ Domus Legalis Cogitatio Vol 1 No 1 (2024): Domus Legalis Cogitatio Vol 1 No 1 April 2024 ]]>
Publisher : <![CDATA[Faculty of Law Atma Jaya Yogyakarta University ]]>
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DOI: 10.24002/dlc.v1i1.7589
<![CDATA[The era of the digital economy has increased global trade transactions, giving rise to e-commerce companies that utilize the internet, websites, and applications to carry out trading activities in goods and services. This transformation has led to a change in viewing personal data as a commodity, so that e-commerce practices often take possession of personal data. Departing from this background, this study analyzes how the existing business competition law provisions anticipate the mastery of private data by e-commerce. This study uses a normative juridical method, with a legal-statutory approach and a conceptual approach. The results of the study show that mastery of personal data is indeed permitted in the Personal Data Protection Law, but it is necessary to pay attention to its impact on e-commerce business competition in Indonesia. The practice of controlling personal data has the potential to be misused and can result in monopolistic practices and/or unfair business competition. Current business competition legal instruments and the Business Competition Supervisory Commission (KPPU) are still limited in conducting investigations related to the practice of mastery of personal data by e-commerce which involves market advertising, definition of the e-commerce market, measuring market power, and reviewing mergers. It is necessary to formulate separate regulations regarding the prohibition of controlling personal data which can result in monopolistic practices and/or unfair business competition, both in the revision of the Business Competition Law and other related regulations.]]>
<![CDATA[ENVIRONMENTAL DAMAGE AND GLOBAL WARMING ARE LABOR LAW ISSUES: A REFLECTION ]]>
<![CDATA[Nindry Sulistya Widiastiani]]>
<![CDATA[ Domus Legalis Cogitatio Vol 1 No 1 (2024): Domus Legalis Cogitatio Vol 1 No 1 April 2024 ]]>
Publisher : <![CDATA[Faculty of Law Atma Jaya Yogyakarta University ]]>
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DOI: 10.24002/dlc.v1i1.7597
<![CDATA[This article aims to reflect on whether labor law relates to handling environmental damage and global warming issues, also becoming an alternative tool to solve those issues. The main reason for the reflection is that labor law and environmental law have the same actor, entrepreneurs as employers, with their companies. This article is written with a conceptual approach to employers and their companies' activities in both labor and environmental law concepts. The reflection shows that labor law has a strategic position in economic activities, which could be a way to solve environmental damage and global warming issues because of employers and their companies' production process. Labor law could solve the issues: First, laws about environmental protection and occupational health and security management systems should be integrated. Second, the authorization of the Company Regulation and Compulsory Company Manpower Report mechanism should be used to control whether employers obey and fulfil environmental protection laws. Third, the Workers' Union/Laborers' Union's voice and movement in environmental protection relating to companies as workplaces should be utilized. Fourth, support work-from-home and digital workplace trends as an alternative choice that is environmentally friendly because it decreases traffic for workers who use their personal vehicles to go to and back from their workplaces.]]>
<![CDATA[THE CONCEPT OF CASH FLOW IN MONEY LAUNDERING IN INDONESIA ]]>
<![CDATA[Itok Dwi Kurniawan]]>;
<![CDATA[Ismawati Septiningsih]]>
<![CDATA[ Domus Legalis Cogitatio Vol 1 No 1 (2024): Domus Legalis Cogitatio Vol 1 No 1 April 2024 ]]>
Publisher : <![CDATA[Faculty of Law Atma Jaya Yogyakarta University ]]>
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DOI: 10.24002/dlc.v1i1.7626
<![CDATA[The development of criminal acts that occur in a country moves with the development of social civilization. One of the criminal acts in the economic sector that has arisen as a result of modern civilization is the crime of money laundering, namely the concealment of assets resulting from a crime so that it appears as if they originate from a legal source. This article will examine the asset tracing strategy which is an effective step in tackling money laundering crimes. The approach used in discussing the problem is a case study. The results of the research in this article are that efforts to trace assets with a fund tracking process need to be developed and adopt existing technological developments. This is to ensure the effectiveness of handling money laundering in Indonesia.]]>
<![CDATA[ANALYSIS OF THE EXPANSION OF THE PRINCIPLE OF LEGALITY IN RENEWING CRIMINAL LAW ]]>
<![CDATA[Ahmad Arif Fadilah]]>;
<![CDATA[Dwi Nur Fauziah Ahmad]]>
<![CDATA[ Domus Legalis Cogitatio Vol 1 No 1 (2024): Domus Legalis Cogitatio Vol 1 No 1 April 2024 ]]>
Publisher : <![CDATA[Faculty of Law Atma Jaya Yogyakarta University ]]>
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DOI: 10.24002/dlc.v1i1.7640
<![CDATA[The principle of legality is the most basic principle in the application of material criminal law. The principle of legality adhered to in Indonesian criminal law was originally the principle of formal legality. Meanwhile, in the renewal of criminal law embodied in the National Criminal Code, the principle of legality adopted also includes the principle of material legality. This article aims to analyze the expansion of the legality principle in the renewal of Indonesian criminal law and understand the meaning of the expansion of the legality principle. This article was written using a normative legal research method with a statutory approach. The result of this study is that the expansion of the legality principle in criminal law renewal is an effort to balance the fulfillment of legal objectives between legal certainty in the formal legality principle and justice in the material legality principle.]]>
<![CDATA[AUTHORITY OF BADAN PENYELESAIAN SENGKETA KONSUMEN RESOLVING DEFAULT DISPUTES IN CONSUMER FINANCING ]]>
<![CDATA[Giovanni Oryssa Sativa Andreyan]]>;
<![CDATA[Elisabeth Sundari]]>
<![CDATA[ Domus Legalis Cogitatio Vol 1 No 2 (2024): Domus Legalis Cogitatio Vol 1 No 2 October 2024 ]]>
Publisher : <![CDATA[Faculty of Law Atma Jaya Yogyakarta University ]]>
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DOI: 10.24002/dlc.v1i2.7858
<![CDATA[This research aims to explore and study the cause of different perspective between Badan Penyelesaian Sengketa Konsumen (BPSK) and Supreme Court, regarding the authority of BPSK in Resolving Wanprestasi Disputes in Consumer Financing, as well as to examine the boundaries of BPSK in resolving Wanprestasi disputes in consumer financing in order to achieve the legal certainty. This research is a normative research which use constitutive approach and conseptual approach. The data collection method is using literature review and interview. The primary legal materials and secondary legal materials are analyzed by descriptive qualitative to answer the legal matters which being studied. The logic of deductive is used to draw conclusion. The result of this research is there are some factors which causes different perspective betweeen BPSK and Hakim Agung; BPSK still believes that the Wanprestasi dispute in consumer financing is their authority, the blurry criteria of disputes which are the authority of BPSK and the absence of limitative boundaries to BPSK authority towards Consumers Protection Law. The limitations of BPSK’s authority is they need to clarified the definition of consumer’s disputes as wanprestasi disputes is included in BPSK’s authority. The disputes handled by BPSK should have minor loss, and if a place of dispute resolution in BPSK’s court already in the agreement of consumer financing, BPSK must reject it.]]>
<![CDATA[PERSONAL DATA PROTECTION AND ITS REGULATORY FRAMEWORKS UNDER CYBER LAW ]]>
<![CDATA[Sal Sabila Khoirotunnisa Utami]]>
<![CDATA[ Domus Legalis Cogitatio Vol 1 No 2 (2024): Domus Legalis Cogitatio Vol 1 No 2 October 2024 ]]>
Publisher : <![CDATA[Faculty of Law Atma Jaya Yogyakarta University ]]>
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DOI: 10.24002/dlc.v1i2.9894
<![CDATA[The purpose of this research is to evaluate the effectiveness of personal data protection legislation and raise awareness among the broader community about the importance of safeguarding personal data against cybercrimes. This study employs a normative juridical approach, focusing on library research that examines secondary data and laws governing personal data protection. Additionally, the research adopts a qualitative methodology to provide an in-depth understanding of societal issues related to personal data protection by presenting findings narratively. The results indicate that personal data protection is explicitly addressed in Law No. 27 of 2022, which strengthens regulatory clarity and enforces stricter actions against violations compared to previous legal frameworks. Evidence suggests that the effectiveness of personal data protection laws has improved, as demonstrated by an increasing number of cases resolved comprehensively. Furthermore, individual preventive measures, such as vigilance and securing personal data online, are essential in mitigating cybercrimes.]]>
<![CDATA[PREVENTING TOKENISM IN THE FORMATION OF LEGISLATION THROUGH MEANINGFUL PUBLIC PARTICIPATION ]]>
<![CDATA[Windy Virdinia Putri]]>;
<![CDATA[Gumilang Fuadi]]>;
<![CDATA[Nanik Prasetyoningsih]]>
<![CDATA[ Domus Legalis Cogitatio Vol 1 No 2 (2024): Domus Legalis Cogitatio Vol 1 No 2 October 2024 ]]>
Publisher : <![CDATA[Faculty of Law Atma Jaya Yogyakarta University ]]>
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DOI: 10.24002/dlc.v1i2.9907
<![CDATA[The Constitutional Court Decision Number 91/PUU-XVIII/2020 expands the meaning of public participation, namely that public participation in forming laws needs to be carried out meaningfully. The discussion about public participation is closely related to the relationship between the community and the state in forming policies that the state will issue to regulate its citizens. This paper analyzes the arrangements for meaningful public participation after the second amendment to Law Number 12 of 2011 concerning the Formation of Legislation (UUP3) with two objectives, first to find out the arrangements for meaningful public participation after the second amendment to UUP3 from the perspective of the Arnstein Participation Ladder. Two to knowing the meaning of meaningful public participation so as not to be in the area of tokenism. The results of the study show that the regulation of public participation is in the area of tokenism because there is no guarantee that decision-makers will accommodate the voice of the community. The way to increase public participation while at the same time encouraging community involvement far beyond tokenism is to arrange a public sphere mechanism for public debate to occur as the basis for drafting the National Legislation Program.]]>
<![CDATA[AGEISM IN THE WORKPLACE AND POTENTIAL LEGAL PROTECTION IN INDONESIA ]]>
<![CDATA[Fransisca Fitriana Riani Candra]]>;
<![CDATA[Rosalinda Chandra Yulianita]]>
<![CDATA[ Domus Legalis Cogitatio Vol 1 No 2 (2024): Domus Legalis Cogitatio Vol 1 No 2 October 2024 ]]>
Publisher : <![CDATA[Faculty of Law Atma Jaya Yogyakarta University ]]>
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DOI: 10.24002/dlc.v1i2.9922
<![CDATA[This research will focus on ageism or age discrimination in in the workplace setting. In Indonesia, there has not yet been specific attention given to combat age discrimination, one of which is proven by the considerations of judges in Constitutional Court Decision Number 35/PUU-XXII/2024. Regulations in Indonesia, as well as their implementation, also do not sufficiently promote equal treatment regardless of age. Therefore, this research will analyze the urgency, challenges, and propose potential legal protection to promote anti ageism in Indonesia by comparing anti-age discrimination regulations in other countries and examining rulings related to age discrimination. This research employs normative legal research with comparative approaches. Ultimately, the findings aim to inform policymakers and stakeholders about the importance of addressing ageism and fostering an inclusive workplace.]]>
<![CDATA[DIGITAL HUMAN RIGHTS PROTECTION: LEGAL TRANSPLANTATION STRATEGIES TO REALIZE SUSTAINABLE DEVELOPMENT IN INDONESIA’S DIGITALIZATION ERA ]]>
<![CDATA[Khofidhotur Rovida]]>;
<![CDATA[Sasmini Sasmini]]>
<![CDATA[ Domus Legalis Cogitatio Vol 1 No 2 (2024): Domus Legalis Cogitatio Vol 1 No 2 October 2024 ]]>
Publisher : <![CDATA[Faculty of Law Atma Jaya Yogyakarta University ]]>
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DOI: 10.24002/dlc.v1i2.9926
<![CDATA[The advancement of information and communication technology brings great benefits to society, such as ease of communication and access to public services. However, technology also threatens human rights, including privacy and freedom of expression. This study aims to analyze the legal strategies of other countries to protect digital human rights that can be applied in Indonesia, as well as formulate policies to improve this protection through legal transplantation and support sustainable development goals. The method is normative legal research, with data from related laws and policies. The results of this study indicate that the adoption of rules is a potential strategy to improve the security of digital human rights in Indonesia and provide greater control over the personal data of individuals. The implementation of the General Data Protection Regulation (GDPR) in Indonesia is considered important to align personal data protection with international standards, improve the country's reputation, and facilitate international cooperation. With clear regulations, public trust in digital services will increase, because people feel safer and more protected from misuse of personal data. This stricter legal framework helps create a safer and more inclusive digital environment so that all levels of society can actively participate in the digital economy.]]>
