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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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AUTHORITY OF BADAN PENYELESAIAN SENGKETA KONSUMEN RESOLVING DEFAULT DISPUTES IN CONSUMER FINANCING Andreyan, Giovanni Oryssa Sativa; Sundari, Elisabeth
Domus Legalis Cogitatio Vol 1 No 2 (2024): Domus Legalis Cogitatio Vol 1 No 2 October 2024
Publisher : Faculty of Law Atma Jaya Yogyakarta University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24002/dlc.v1i2.7858

Abstract

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.
COMPARISON OF E-COMMERCE CONCEPT REVIEWED FROM THE LAW OF BUSINESS COMPETITION BETWEEN INDONESIA AND CHINA Julia Mia Audina
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.v2i1.9026

Abstract

The rapid development of digitalization has a significant impact on economic growth, especially trade through electronic systems. The positive impact felt by sellers and buyers makes the development of the digital market increasingly in demand by business actors. The more business actors involved in trading through electronic systems, the more business competition will occur in the market. Predatory pricing practices and monopolies were suspected to have occurred in Tiktok's shop social commerce, resulting in the issuance of Minister of Trade Regulation Number 31 of 2023. This then makes the author want to examine using comparative studies with the Chinese State regarding licensing arrangements, advertising and supervision on e-commerce. This research was conducted using normative legal research with a comparative approach that examines e-commerce regulations between Indonesia and China. The result of this study concludes that e-commerce regulations in China and Indonesia are almost similar in terms of e-commerce licensing system. Indonesia and China require business actors to register their business on e-commerce platforms and e-commerce platforms must provide a means for business actors to register on the e-commerce platform. Although the rules regarding e-commerce have similarities, there are differences that lie in the part of e-commerce supervision by the government. Supervision is to help improve the digital economy so that there is equity in rural and urban areas, so that digital economic equity can run well from urban to rural areas.
THE EXISTENCE OF COMMUNITIES’ HUMAN RIGHTS IN MINING AREAS Amrianto, Andika Dwi; Ramdan, Muhammad; Yusmi, Tsania
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.v2i1.9824

Abstract

This research is used to answer two problem formulations. First, what is the human rights approach to overcoming the dangers of mining in Indonesia. Second, how is law enforcement against the negative impacts of mining in Indonesia. The research method used in normative juridical research. The data used is secondary data by examining primary legal materials in the form of statutory regulations related to this issue and secondary legal materials in the form of articles or scientific papers, as well as tertiary legal materials. This research was analyzed using qualitative descriptive analysis after the data was obtained. The results of this research focus on two conclusions. The state is primarily obligated to protect and respect human rights as the fundamental rights of every individual. International legal instruments such as the ICCPR, UDHR, and CAT regulate state obligations regarding human rights, while at the national level, they are regulated in statutory regulations. As a legal state, Indonesia is also obliged to protect human rights, including the right to live in prosperity, a good and healthy environment, and health services. Mining is an activity that has a direct impact on the environment. Although the mining sector contributes to state income and employment, it is often associated with problems of environmental degradation. Administrative sanctions that can be imposed for violations in mining include written warnings, fines, temporary suspension of activities, and revocation of permits. The Minerba Law also regulates criminal sanctions, including imprisonment and fines.
APPLICATION OF ARTICLE 27 PARAGRAPH (2) OF THE MARRIAGE LAW ON THE MISCONCEPTION OF THE APPLICANT IN MARRIAGE ANNULMENT Adrian, Luzavindra Maulana; Umar Haris Sanjaya
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.v2i1.9879

Abstract

This study aims to analyze the application and interpretation of the norms of Article 27 paragraph (2) of the Marriage Law regarding misconception in a petition for annulment of marriage. The problems examined in this study are how the norms of misconception are applied in the application for annulment of marriage and how misconception is interpreted in the application for annulment of marriage. This writing uses normative juridical legal research methods. The approach method used is the statutory approach and case approach. The sources of legal materials used in this research are primary, secondary, and tertiary legal materials. Data collection uses qualitative data analysis methods. The results of this study indicate that the application of the norm of misconception can be used to annul a marriage and must meet the time period set by law. Misconception can be interpreted as a mistake in assessing the identity of the spouse from what is in fact to what is not in accordance with reality and misjudging the spouse's personal condition from normal to abnormal. This study recommends the need for the parties to find out carefully and thoroughly about themselves, including the identity and condition of the partner by utilizing taaruf as a process of getting to know each other before heading to the level of marriage, and the parties also need to find out information about themselves to other parties such as friends and family of the prospective partner.
PERSONAL DATA PROTECTION AND ITS REGULATORY FRAMEWORKS UNDER CYBER LAW Utami, Sal Sabila Khoirotunnisa
Domus Legalis Cogitatio Vol 1 No 2 (2024): Domus Legalis Cogitatio Vol 1 No 2 October 2024
Publisher : Faculty of Law Atma Jaya Yogyakarta University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24002/dlc.v1i2.9894

Abstract

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.
PREVENTING TOKENISM IN THE FORMATION OF LEGISLATION THROUGH MEANINGFUL PUBLIC PARTICIPATION Windy Virdinia Putri; Gumilang Fuadi; Nanik Prasetyoningsih
Domus Legalis Cogitatio Vol 1 No 2 (2024): Domus Legalis Cogitatio Vol 1 No 2 October 2024
Publisher : Faculty of Law Atma Jaya Yogyakarta University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24002/dlc.v1i2.9907

Abstract

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.
AGEISM IN THE WORKPLACE AND POTENTIAL LEGAL PROTECTION IN INDONESIA Candra, Fransisca Fitriana Riani; Yulianita, Rosalinda Chandra
Domus Legalis Cogitatio Vol 1 No 2 (2024): Domus Legalis Cogitatio Vol 1 No 2 October 2024
Publisher : Faculty of Law Atma Jaya Yogyakarta University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24002/dlc.v1i2.9922

Abstract

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.
DIGITAL HUMAN RIGHTS PROTECTION: LEGAL TRANSPLANTATION STRATEGIES TO REALIZE SUSTAINABLE DEVELOPMENT IN INDONESIA’S DIGITALIZATION ERA Rovida, Khofidhotur; Sasmini, Sasmini
Domus Legalis Cogitatio Vol 1 No 2 (2024): Domus Legalis Cogitatio Vol 1 No 2 October 2024
Publisher : Faculty of Law Atma Jaya Yogyakarta University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24002/dlc.v1i2.9926

Abstract

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.
THE REBIRTH OF THE LONG-REPEALED ARTICLES ON INSULT AGAINST PRESIDENT IN INDONESIA’S NEW CRIMINAL CODE An Nisaa Athirah; Muhamad Dzikra Dandiansyah; Muhammad Keenan Abiyyu
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.v2i1.9927

Abstract

The current Indonesian Criminal Code, rooted in the 1915 Dutch Colonial Criminal Code, includes provisions that penalize insults against the president and vice president. Historically, Articles 134, 136 bis, and 137 were utilized to suppress freedom of speech. In 2006, these articles were deemed unconstitutional by the Constitutional Court, signaling a commitment to democratic values. However, the recent reintroduction of similar provisions through Article 218, 219, and 220 of Law No. 1/2023 raises critical concerns about the erosion of democracy and potential violations of constitutional rights, particularly freedom of speech as protected by Article 28E of the Constitution. This study formulates the problem of how these legal changes impact Indonesia’s democratic principles and human rights. Employing a normative legal research methodology, it analyzes relevant laws, including Articles 218, 219, and 220 of the new Criminal Code, alongside previous articles. Furthermore, a comparative study is conducted by examining similar regulations in Turkey and the United States to evaluate different legal frameworks in handling freedom of speech. The findings indicate that reintroducing these provisions, despite the court's ruling, reflects authoritarian tendencies detrimental to Indonesia's democratic progress. This research highlights the urgent need for vigilance in protecting democratic norms and human rights in the face of legislative shifts that threaten dissent and criticism, and offers comparative insights that may guide future legal reform.
WEAVING A FRAGILE SAFETY NET: THE TRIANGULAR APPROACH FOR STRENGTHENED HEALTH AND SAFETY PROTECTION FOR PLATFORM WORKER Zahra, Annisa Fathima; Grasiaswaty, Novika
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.v2i1.9930

Abstract

Platform workers in Indonesia face a significant dilemma, particularly regarding employment security. Being classified as independent workers means they do not receive the same protections and benefits as regular employees in Indonesia. If employment security and benefits are seen as a safety net for employees in difficult situations, for platform workers in Indonesia, that net is fragile—prone to breaking at any moment. To address this dilemma, this study employs a juridical-normative and conceptual research approach to explore alternatives to legal enforcement. The findings suggest that if sanctions on platform companies and workers prove ineffective, reward mechanisms—such as a “Zero Accident Award”—could motivate platform companies to encourage worker participation in BPJS Ketenagakerjaan (social security). By offering recognition and public rewards, this soft law approach can increase compliance and improve worker protection without changing the legal status of platform workers. Additionally, the community award for platform workers to increase awareness of individual registration is also encourages. In a rapidly evolving digital economy, such strategies could help address gaps where traditional legal frameworks are inadequate. 

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