Domus Legalis Cogitatio

THE URGENCY OF REGULATING THE MISUSE OF PERSONAL DATA POSSESSION BY E-COMMERCE FROM THE PERSPECTIVE OF COMPETITION LAW

2024-04-29T15:13:40+07:00

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.

ANALYSIS OF THE EXPANSION OF THE PRINCIPLE OF LEGALITY IN RENEWING CRIMINAL LAW

2024-04-29T15:22:03+07:00

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.

ENVIRONMENTAL DAMAGE AND GLOBAL WARMING ARE LABOR LAW ISSUES: A REFLECTION

2024-06-02T10:33:27+07:00

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.

CONCEPTION OF ECOLOGY AS THE SUBJECT OF PROGRESSIVE LAW AND THE EMBODIMENT OF INTER-GENERATION JUSTICE

2024-06-02T10:36:04+07:00

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 CONCEPT OF CASH FLOW IN MONEY LAUNDERING IN INDONESIA

2024-06-02T10:28:28+07:00

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.