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Domus Legalis Cogitatio
Published by Universitas Atma Jaya Yogyakarta
ISSN : 30631904     EISSN : 30632277     DOI : https://doi.org/10.24002/dlc.v1i1.7589
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 46 Documents
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Subject Index Volume 2 No 1 April 2025 Cogitatio, Domus Legalis
Domus Legalis Cogitatio Vol 2 No 1 (2025): Domus Legalis Cogitatio Vol 2 No 1 April 2025
Publisher : Faculty of Law Atma Jaya Yogyakarta University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24002/dlc.v2i1.12345

Abstract

Subject Index Volume 2 No 1 April 2025
STRENGTHENING THE ROLE OF BAWASLU IN ELECTION LAW ENFORCEMENT: SHOULD IT BE? Al-Fatih, Sholahuddin
Domus Legalis Cogitatio Vol 2 No 2 (2025): Domus Legalis Cogitatio Vol 2 No 2 October 2025
Publisher : Faculty of Law Atma Jaya Yogyakarta University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24002/dlc.v2i2.9778

Abstract

This article examines the ways to strengthen the Bawaslu role in Indonesian Election. The Election Supervisory Agency (Bawaslu) is a body authorized to oversee the enforcement of election laws, as mandated in Article 1 Number 17 of Law Number 7 of 2017 concerning Elections. In each electoral cycle, Bawaslu receives and registers thousands of cases. However, its role remains limited to supervision rather than adjudication. This restricted authority has hindered the effective resolution of many alleged election violations. This article presents the findings of juridical-normative research employing a statute approach, case approach, and conceptual approach. It addresses two central problems: (1) the challenges in enforcing election law in Indonesis; and (2) the role of Bawaslu can be strengthened in this context. The study concludes that enhancing Bawaslu’s role in election law enforcement can be achieved by granting it comprehensive, one-stop authority. This includes proposing a Bawaslu Bill, establishing a special election court, and improving Bawaslu’s human resource capacity.
GREEN LEGISLATION, GREEN FINANCIAL CRIME, AND INDONESIA CONSTITUTIONAL LAW: A PERSPECTIVE FROM ENVIRONMENTAL JUSTICE’S THEORY Thoriquttyas, Titis; Rohmawati, Nita
Domus Legalis Cogitatio Vol 2 No 2 (2025): Domus Legalis Cogitatio Vol 2 No 2 October 2025
Publisher : Faculty of Law Atma Jaya Yogyakarta University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24002/dlc.v2i2.9888

Abstract

Green financial crimes are a serious threat to Indonesia's sustainable development initiatives. This research examines the ways in which financial operations affecting environmental sustainability might be regulated by constitutional legislation, preventing digital innovation from undermining environmental conservation initiatives. In order to better understand how these components, interact and how legal frameworks must change to meet these problems, this study examined the convergence of digital financial systems, green financial crimes, and Indonesian constitutional law, with a particular emphasis on precedent-setting cases. This research explores how the theory of environmental justice shapes the legal discourse on digitalization and green financial crime, and examines how Indonesian green legislation addresses the challenges posed by such crimes. This research uses qualitative techniques to analyze Indonesia's constitutional law, financial and environmental regulations, and judicial rulings. The study compares Indonesia's approach to environmental crimes using various technique with other countries policies and identifies areas for reform. The findings of this research highlight the urgency of uncovering contextual challenges that must be addressed, including the increasing use of digital platforms to anticipate green financial crimes, particularly in areas such as deforestation and environmental exploitation, through the proposal of green legislation. The present analysis underscores the necessity for Indonesia to adapt its legal and regulatory frameworks in order to tackle the environmental protection concerns brought about by the digital economy.
DOXING AS A DIGITAL CRIME: A HUMAN RIGHTS AND PRIVACY PROTECTION PERSPECTIVE UNDER INDONESIAN LAW Utami, Sal Sabila Khoirotunnisa
Domus Legalis Cogitatio Vol 2 No 2 (2025): Domus Legalis Cogitatio Vol 2 No 2 October 2025
Publisher : Faculty of Law Atma Jaya Yogyakarta University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24002/dlc.v2i2.9912

Abstract

This article examines doxing as a form of digital crime that infringes on privacy and human rights, with a focus on the legal protections provided by Indonesian law. The study begins by defining the key human rights concepts of freedom of expression and the right to privacy, grounded in international instruments such as the Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil and Political Rights (ICCPR). This theoretical foundation allows for an in-depth analysis of Indonesian legislation, specifically the Electronic Information and Transactions (ITE) Law and the Personal Data Protection Law (PDP), in addressing the issue of doxing. The research identifies significant legal gaps, particularly the lack of clear definitions and specific provisions targeting doxing, and compares Indonesia’s legal framework with international human rights standards. Through a review of notable doxing cases in Indonesia, the article demonstrates the shortcomings of current legal protections and highlights challenges in prosecuting offenders. A comparative analysis with international doxing laws, including those of the United States, European Union, and South Korea, provides a broader understanding of how various legal systems approach this crime. The article concludes with a central research question: To what extent does Indonesian law address doxing in accordance with international human rights and privacy standards? The study argues that Indonesian law needs clearer definitions, stronger legal provisions, and better alignment with international human rights standards to effectively combat this growing digital threat. Finally, the paper proposes legal reforms to strengthen protections for individuals affected by doxing in the digital age.
COURT DECISION NUMBER 6/PID.SUS-TPK/PN PGP IN THE PERSPECTIVE OF THE JUSTICE THEORY ESPECIALLY ACCORDING TO THOMAS HOBBES Apribilli, Apribilli; Vincentius Anggoro Wahyo Putro; Giovano Gumansalangi; G. Widiartana
Domus Legalis Cogitatio Vol 2 No 2 (2025): Domus Legalis Cogitatio Vol 2 No 2 October 2025
Publisher : Faculty of Law Atma Jaya Yogyakarta University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24002/dlc.v2i2.10402

Abstract

This study raises the problem that the Pangkalpinang District Court Decision Number 6/Pid.Sus-TPK/PN Pgp against the crime of obstruction of justice in the crime of corruption is considered contrary to the value of justice, because the sanctions imposed on the defendant with the losses suffered by the state are not balanced. Based on the gap between legal norms and legal facts that have been stated, this research aims to criticize the decision through the perspective of the theory of justice according to Thomas Hobbes, in addition to discussing it from the perspective of social justice theory and the purpose of punishment, especially integrative theory. This research used normative juridical legal research methods with a conceptual approach that is connected based on secondary legal materials, namely the theory of justice put forward by Thomas Hobbes. The results of this research stated that the Pangkalpinang District Court Decision Number 6/Pid.Sus-TPK/PN Pgp did not fulfill the criteria of the theory of justice stated by Thomas Hobbes, which states that the judge must consider the public interest harmed by Toni Tamsil's actions. The decision also contradicts the integrative theory, which emphasizes that punishment aims to avenge the perpetrator's actions of the crime and a preventive effort so that the crime does not recur. On the other hand, the decision also hurts the social justice aspect in society and is contrary to the state foundation of Pancasila, namely social justice for all Indonesian people.
CONCEPTION OF ECOLOGY AS THE SUBJECT OF PROGRESSIVE LAW AND THE EMBODIMENT OF INTER-GENERATION JUSTICE Setyawan, Vincentius Patria
Domus Legalis Cogitatio Vol 1 No 1 (2024): Domus Legalis Cogitatio Vol 1 No 1 April 2024
Publisher : Faculty of Law Atma Jaya Yogyakarta University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24002/dlc.v1i1.7546

Abstract

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.
THE URGENCY OF REGULATING THE MISUSE OF PERSONAL DATA POSSESSION BY E-COMMERCE FROM THE PERSPECTIVE OF COMPETITION LAW Amri, Prima
Domus Legalis Cogitatio Vol 1 No 1 (2024): Domus Legalis Cogitatio Vol 1 No 1 April 2024
Publisher : Faculty of Law Atma Jaya Yogyakarta University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24002/dlc.v1i1.7589

Abstract

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.
ENVIRONMENTAL DAMAGE AND GLOBAL WARMING ARE LABOR LAW ISSUES: A REFLECTION Widiastiani, Nindry Sulistya
Domus Legalis Cogitatio Vol 1 No 1 (2024): Domus Legalis Cogitatio Vol 1 No 1 April 2024
Publisher : Faculty of Law Atma Jaya Yogyakarta University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24002/dlc.v1i1.7597

Abstract

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.
THE CONCEPT OF CASH FLOW IN MONEY LAUNDERING IN INDONESIA Dwi Kurniawan, Itok; Septiningsih, Ismawati
Domus Legalis Cogitatio Vol 1 No 1 (2024): Domus Legalis Cogitatio Vol 1 No 1 April 2024
Publisher : Faculty of Law Atma Jaya Yogyakarta University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24002/dlc.v1i1.7626

Abstract

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.
ANALYSIS OF THE EXPANSION OF THE PRINCIPLE OF LEGALITY IN RENEWING CRIMINAL LAW Fadilah, Ahmad Arif; Ahmad, Dwi Nur Fauziah
Domus Legalis Cogitatio Vol 1 No 1 (2024): Domus Legalis Cogitatio Vol 1 No 1 April 2024
Publisher : Faculty of Law Atma Jaya Yogyakarta University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24002/dlc.v1i1.7640

Abstract

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.

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