Domus Legalis Cogitatio

GREEN LEGISLATION, GREEN FINANCIAL CRIME, AND INDONESIA CONSTITUTIONAL LAW: A PERSPECTIVE FROM ENVIRONMENTAL JUSTICE’S THEORY

Titis Thoriquttyas — 2025-09-30

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.

STRENGTHENING THE ROLE OF BAWASLU IN ELECTION LAW ENFORCEMENT: SHOULD IT BE?

Sholahuddin Al-Fatih — 2025-09-30

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.

DOXING AS A DIGITAL CRIME: A HUMAN RIGHTS AND PRIVACY PROTECTION PERSPECTIVE UNDER INDONESIAN LAW

Sal Sabila Khoirotunnisa Utami — 2025-10-12

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.