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Kosmik Hukum
Published by Universitas Muhammadiyah Purwokerto
ISSN : 14119781     EISSN : 26559242     DOI : 10.30595/jkh
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
Kosmik Hukum adalah jurnal peer reviewed dan Open-Acces yang diterbitkan oleh Fakultas Hukum Universitas Muhammadiyah Purwokerto. Kosmik Hukum mengundang para peneliti, dosen, dan praktisi di seluruh dunia untuk bertukar dan memajukan keilmuan di bidang hukum yang meliputi berbagai aspek hukum seperti Hukum Pidana, Hukum Perdata, Hukum Tata Negara, Hukum Administrasi Negara, Hukum Acara, Hukum Bisnis, dan sebagainya. Dokumen yang dikirim harus dalam format Ms. Word dan ditulis sesuai dengan panduan penulisan. Kosmik Hukum terbit dua kali dalam setahun pada bulan Januari dan Juli.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 7 Documents
 1 
Search results for , issue "Vol 20, No 1 (2020)" : 7 Documents clear
Analisis Penyelesaian Sengketa Pemilihan Kepala Desa di Indonesia Adhi Putra Satria
Kosmik Hukum Vol 20, No 1 (2020)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v20i1.6991

Abstract

This study aims to provide knowledge about how to resolve village head election disputes in Indonesia after the issuance of Law No. 6 of 2014 concerning Villages. This research is qualitative research with a normative juridical approach. This research will focus on the discussion of how to resolve election disputes for Village Heads in Indonesia after the issuance of Law No. 6 of 2014, and how problems arise due to the settlement of disputes over the results of the Village Head election after the issuance of Law No. 6 of 2014. The results show that Law No. 6/2014 has mandated that the settlement of Village Head election disputes that are settled by the Regent / Mayor is no later than 30 days after the determination of the Village Head candidate elected by the Village Head election committee, however in its implementation there are still problems, these problems can be seen from not regulating changes and settling disputes over the results of the Village Head election. In addition, the problem with the authority given to the Regent / Mayor to resolve disputes over the results of the Village Head election is when the Regent / Mayor is a state institution that has the power of the state in the executive, not the judiciary, the Regent / Mayor is also a product of political parties, so that the authority is given It is feared that the authority to implement disputes over the results of the Village Head election will not be objective. The conclusion of this research is to form a special judicial institution for disputes over the results of village head elections.Keywords: Labor Social Security, Parking Attendants, Department of Transportation
Tanggung Jawab Jabatan dan Tanggung Jawab Pribadi Dalam Penggunaan Diskresi Adam Setiawan; Nehru Asyikin
Kosmik Hukum Vol 20, No 1 (2020)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v20i1.6324

Abstract

Discretion is part of the authority to act freely by government officials to ensure the implementation of public services. However, the discretionary arrangement attached to a position when it must be immediately acted without a written law creates a conflict regarding the government must be based on law. On the other hand, the need for discretion becomes a polemic regarding occupational responsibility and personal responsibility in the use of discretion whose parameters sometimes cause harm to society. The results of this research are of interest that the implications of using official diskettes for public services will cause harm to the state and society. The use of discretion is used as a tool for personal gain and authority which results in violating statutory regulations, contrary to legal principles, acts against the law, and AAUPB.Keywords: discretion, job responsibility, personal responsibility
Analisis Yuridis terhadap Kasus Gugatan Perbuatan Melawan Hukum atas Ketidakabsahan Peralihan Hak Milik Benda Bergerak (Studi Kasus Putusan Mahkamah Agung Nomor 1081/K/PDT/2018) Fathalya Laksana
Kosmik Hukum Vol 20, No 1 (2020)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v20i1.6433

Abstract

The legal requirements are regulated in Article 1320 of the Civil Code (KUHPerdata). If the valid conditions of the promise are not fulfilled, then the law that results is that the agreement can be canceled or null and void. In the Court's practice contained in the Supreme Decision Number 1081K / PDT / 2018, there was a sale and purchase agreement between the Plaintiff's husband and the Defendant, the sale and purchase agreement was made by the Plaintiff's partner without the consent of the Plaintiff as his legal wife. Supreme Court Decision No. 1081K / PDT / 2018 stated that the sale and purchase agreement was invalid and null and void. Apart from that, in its decision, the Defendant's UN Supreme Court had committed an illegal act. The research method used is a normative juridical approach using secondary data obtained from literature studies, namely statutory regulations, legal theories, and the opinions of leading legal scholars. This research uses descriptive analytical research specifications that describe the regulations that are in accordance with legal theories that oversee the implementation practices of the problems under study. The data analysis method used is qualitative normative method. Based on the research results, it can be denied that the sale and purchase agreement in the Supreme Court Decision Number 1081K / PDT / 2018 is not legally valid. The agreement does not fulfill the validity requirements of the agreement in Article 1320 of the Civil Code, namely halal skills and causes because it violates Article 36 paragraph (2) of the Marriage Law No. 1 of 1974 resulting in the sale and purchase agreement to be null and void.Keywords: Buying and Selling, Acts against the Law, Agreement, Marriage, Collective Property
Tanggung Jawab Notaris terhadap Ketidaksesuaian Akta Salinan Dengan Minuta Akta Tyas Fidelia; Yoefanca Halim; Fricky Soedewo
Kosmik Hukum Vol 20, No 1 (2020)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v20i1.5410

Abstract

Notary is a public official who has the authority to make authentic deeds and has other powers as referred to in this Law or based on other laws, as described in Article 1 number 1 of the Law on the Position of Notary Public. In carrying out his position, a Notary is required to act trustworthy, honest, thorough, independent, impartial, and safeguarding the interests of the parties concerned as well as making a Deed in the form of a Minute Deed. In addition, a Notary is required to issue a Grosse Akta, a Copy of the Deed, or a Quotation of the Deed based on the Minuta Deed. These matters are regulated in Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning the Position of Notary Public. By looking at these provisions, it is fitting for a Notary to carry out his obligations. But in reality, you can still find Notaries who do not carry out the obligations as stipulated in the Law on Notary Position. Starting from negligence in maintaining the Minuta Akta to differences between the Deed of Copy and the Minuta Akta. Of course, the difference between the Deed of Copy and the Minuta of the Deed will give losses to the parties who entered into an agreement. Regarding the responsibilities of a Notary Public, in general, it can be reviewed on a civil, criminal basis, the Law on the Position of Notary Public, and the responsibility for carrying out his / her duties based on the Notary's code of ethics. By looking at this raises a problem regarding, "What is the responsibility of the Notary for the non-conformity of the Copy Deed with the Minuta Deed?". The method used in this research is a normative or juridical legal research method.Keywords: Notary, Deed, and Notary Responsibilities
Tantangan dan Permasalahan Penegakan Hukum Tindak Pidana Korupsi di Indonesia Yenni Wiranti; Ridwan Arifin
Kosmik Hukum Vol 20, No 1 (2020)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v20i1.3822

Abstract

Corruption is an extraordinary crime. It grows in the human body because man's eternal nature is greed. Corruption is an act committed with the intention of obtaining several benefits that is contrary to official duties and other truths. The Corruption Law is regulated in Law Number 31 Year 1999. It is understandable if corruption is so difficult to eradicate, partly because the approach used is still partial, whereas the handling needed is a multidimensional approach. The wide enough social and power gap in the structure of society also influences the opening of opportunities for corruption, which in turn contributes greatly to the culture of corruption.Keywords: Corruption, Eradication, Causes of Corruption, Law Enforcement
Aspek Hukum Perlindungan Data Konsumen E-Commerce Ardhiana Hidayah; Marsitiningsih Marsitiningsih
Kosmik Hukum Vol 20, No 1 (2020)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v20i1.8251

Abstract

Consumer data protection is part of the consumer protection aspect of online transactions or e-commerce activities. This research is a normative legal research based on library research. This study aims to know and understand that personal data is part of the constitutional rights of citizens, so that the state is obliged to protect dignity, respect and integrity of consumers as human beings. The use of any information through electronic media that involves a person's personal data must be done with the consent of the person concerned. The misuse of consumer data is a major problem in legal protection to consumers. Consumer data protection only relies on Ministerial Regulation Number 20 Year 2016 concerning Protection of Personal Data which cannot be used as a basis for solving the problem of data misuse. There needs to be a special institution in processing law enforcement in the context of protecting consumer data.Keywords: Consumer Data Protection
Pelaksanaan Program Redistribusi Tanah Di Kawasan Tanah Adat Provinsi Papua Yudhistira Setya Wardhana
Kosmik Hukum Vol 20, No 1 (2020)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v20i1.8625

Abstract

Agrarian reform or Agrarian Reform as an issue, is complex and multidimensional which is a major program of the Indonesian state in realizing the welfare of the Indonesian people, especially in terms of increasing access of poor peasants to land tenure in Indonesia, but implementing agararial reform is not an easy thing, with many obstacles, both from the legal, land administration, social, political, cultural and security aspects. Agrarian Reform (Agrarian Reform) or land reform is one of the effective tools or ways to achieve successful development, because access to land is fundamental for socio-economic development, poverty reduction, and environmental sustainability, apart from being a factor of production, land is also a factor of wealth, prestige and strength or power. In this perspective, land redistribution not only results in an increase in economic assets owned by poor farmers, but also an increase in political power and social participation, thus, the implementation of agrarian reform is not only aimed at reducing poverty and unemployment, but also in order to eliminate inequality, especially in political and social fields. The Land Redistribution Program in Papua Province itself, as the author sees its implementation, does not pay attention to regulations higher than Presidential Decree Number 86 of 2018.This is also reinforced by Article 18B paragraph (2) of the 1945 Constitution which states that the state recognizes and respects customary law community units. along with their traditional rights as long as they are still alive and in accordance with the development of society and the principles of the Unitary State of the Republic of Indonesia. In addition, Article 3 of the UUPA does contain the term "ulayat rights and rights similar to that". Keywords: Inconsistency, Ulayat Land, Land Redistribution

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