Domus Legalis Cogitatio

Author Index Volume 2 No 1 April 2025

Domus Legalis Cogitatio — Wed, 30 Apr 2025 00:00:00 +0700

Author Index Volume 2 No 1 April 2025

Subject Index Volume 2 No 1 April 2025

Domus Legalis Cogitatio — Wed, 30 Apr 2025 00:00:00 +0700

Subject Index Volume 2 No 1 April 2025

APPLICATION OF ARTICLE 27 PARAGRAPH (2) OF THE MARRIAGE LAW ON THE MISCONCEPTION OF THE APPLICANT IN MARRIAGE ANNULMENT

Luzavindra Maulana Adrian, Umar Haris Sanjaya — Thu, 24 Apr 2025 00:00:00 +0700

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.

THE REBIRTH OF THE LONG-REPEALED ARTICLES ON INSULT AGAINST PRESIDENT IN INDONESIA’S NEW CRIMINAL CODE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 — Fri, 25 Apr 2025 00:00:00 +0700

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.

THE EXISTENCE OF COMMUNITIES’ HUMAN RIGHTS IN MINING AREAS

Andika Dwi Amrianto, Muhammad Ramdan, Tsania Yusmi — Wed, 30 Apr 2025 00:00:00 +0700

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.

COMPARISON OF E-COMMERCE CONCEPT REVIEWED FROM THE LAW OF BUSINESS COMPETITION BETWEEN INDONESIA AND CHINA

Julia Mia Audina — Wed, 30 Apr 2025 00:00:00 +0700

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.

WEAVING A FRAGILE SAFETY NET: THE TRIANGULAR APPROACH FOR STRENGTHENED HEALTH AND SAFETY PROTECTION FOR PLATFORM WORKER

Annisa Fathima Zahra, Novika Grasiaswaty — Wed, 30 Apr 2025 00:00:00 +0700

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.