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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 8 Documents
 1 
Search results for , issue "Vol 22, No 3 (2022)" : 8 Documents clear
Asuransi Proteksi Medis (Professional Indemnity Insurance) sebagai Pengalihan Tanggung Gugat dalam Sengketa Medis Dokter-Pasien Prima Maharani Putri; Gregorius Yoga Panji Asmara
Kosmik Hukum Vol 22, No 3 (2022)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v22i3.15645

Abstract

The aims of this article is to analyze the suitability of professional indemnity insurance with applicable laws and regulations in Indonesia, especially in the field of health law and its implications for quality. health care in Indonesia. This research uses normative juridical approaches with statute approach and conceptual approach. Based on the results of the study, Law No. 40 of 2014 on Insurance is the attitude and anticipation of the government to encourage national development, especially in the development of the industry. insurance. The doctor-patient paternalistic relationship, which is now a partnership relationship, is characterized by therapeutic transactions and informed consent in every health service. This is based on the provisions of Law No. 29 of 2004 on Medical Practice and Regulation of the Ministry of Health No. 290 /MenKes/ Per / III /2008 on Approval of Medical Measures. Health services that are "inspanning verbintenis", risk the occurrence of disputes (medical) in the doctor-patient relationship. Medical protection insurance has been regulated in Chapter III of the Regulation of the Minister of Health no. 755 / MENKES / PER / IV / 2011 concerning the Implementation of medical committees in hospitals, number 12 point D which states that the Doctor has professional indemnity insurance, which guarantees the profession of persons or companies in legal responsibility to third parties in Medical disputes. The existence of Medical Protection Insurance can make doctors in carrying out their profession to provide health services, can feel comfortable, safe and calm because they are protected. of things that are not desirable, especially in the face of compensation claims from medical disputes that he faces. Keywords: medical protection insurance, medical disputes, doctor-patients
Perlindungan Hukum terhadap Konsumen oleh Perusahaan Pembiayaan Berdasarkan Undang-Undang Nomor 8 tahun 1999 Tentang Perlindungan Konsumen Suyadi Suyadi; Wiwik Yuni Hastuti; Sulistyandari Sulistyandari; Muksinun Muksinun; Sukirman Sukirman
Kosmik Hukum Vol 22, No 3 (2022)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v22i3.13142

Abstract

AbstractThis research is entitled “Legal Protection of Consumers by Financing Companies Based on Law Number 8 of 1999 concerning Consumer Protection. The problem studied in this research is the legal protection for consumers by finance companies based on Law Number 8 of 1999 concerning Consumer Protection. The research method in this study uses a normative juridical approach. The results of the study were analyzed using a qualitative normative analysis method. The study results show that consumers have their rights protected, especially in Article 4 letters g and h of Law Number 8 of 1999 concerning Consumer Protection. This study concludes that business actors based on the decision of the Consumer Dispute Settlement Body Assembly to carry out the obligations as stipulated in Article 7 letter (a) of Law Number 8 of 1999 concerning Consumer Protection which determines the responsibilities of business actors. In this case, are Financing Companies must have good intentions in carrying out their business activities and implementing Article 19 of Law Number 8 of 1999 concerning Consumer Protection.Keywords:  Legal Protection, Consumer Protection, Financing Company           
Analysis of Digital Legal Acceptance based on the Technology Acceptance Model 3 (TAM3) Siti Nur Azizah; Hermin Endratno; Harjono Harjono
Kosmik Hukum Vol 22, No 3 (2022)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v22i3.15647

Abstract

This study aims to analyze the acceptance of the PeduliLindungi application from a public perspective using the Technology Acceptance Model (TAM) concept. The government requires the PeduliLindung application to track community activities through the Decree of the Minister of Communication and Informatics No. 171 of 2020. The Indonesian government hopes that this application records the mobility of infected patients and becomes a solution to reduce the transmission of COVID-19. However, PeduliLindungi is a new application that developed after the pandemic. Thus, the user acceptance of this app is questionable. This is a survey analysis from 102 respondents using Structural Equation Model-PLS. The results found that perceived usefulness, system failure, and social influences affect the user intent of the PeduliLindungi app while perceived ease of use is not. This app was applicable to record individual movement as virus prevention in the future. This is a contribution to theory and practice in economics and business. In theory, this research provides a new and more comprehensive view of fundamental human behaviour idea. In practice, this research is able to measure the effectiveness of government regulations in responding to an unexpected global crisisKeywords: Behavioral Intention, Technology Acceptance Model, PeduliLindungi App
The Ideal Concept of Integrated-Based Ngrenehan Coastal Management for Community Welfare (Integrated Coastal Zone Management Approach) Berliant Pratiwi; Sunarno Sunarno; Izzy Al Kautsar
Kosmik Hukum Vol 22, No 3 (2022)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v22i3.13185

Abstract

This study examines the ideal concept of integrated-based coastal area management for community welfare. This study aims to analyze the management of coastal areas at Ngrenehan Beach and describe the ideal concept of managing coastal areas at Ngrenehan Beach with an ICZM approach in the future. This study uses a legal, social research method with a conceptual approach. The results of this study are (1) the Kanigoro village government provides solutions in the form of public policies that reflect the integrated management of coastal areas based on the tourism economy, community empowerment, and a sustainable environment; (2) elements of human resources, village infrastructure, and stakeholder communication are still problems that need solutions related to optimizing their implementation. These three elements are the principal basis of an integrated-based management pyramid. If these elements have not been implemented optimally, it is feared that the process of village development and development to become an empowered and civilized village will be hampered.
Bunga Bank Perspektif DSN-MUI dan Fatwa Majelis Tarjih dan Tajdid Muhammadiyah Kamto Kamto
Kosmik Hukum Vol 22, No 3 (2022)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v22i3.15648

Abstract

The prohibition of bank interest has been widely discussed in recent times and is also the conclusion of various conferences, scientific seminars, and decisions in several fields, including research institutes in various parts of the Islamic and non-Islamic world. With this prohibition, Allah certainly prepares other things in the form of halal as a replacement. So it is certain that behind the prohibition there are other things that are given by Allah as substitutes that are lawful and good. This is a general rule without exceptions. This study aims to find out what bank interest is and what the law is from the perspective of MUI fatwa and Muhammadiyah fatwa. This type of research is library research with a normative approach and is supported by primary and secondary data in its review. This research provides an answer that in the MUI fatwa what is called bank interest is money interest, so any form in the name of interest whether carried out by institutions, banks, insurance, capital markets, pawnshops, cooperatives or other institutions and or carried out by individuals is called usury and the law is unclean. According to the Muhammadiyah fatwa, what is called riba means addition to the principal capital lent and this addition is binding and agreed upon. However, when what happens is not binding and is not agreed upon, it is not called usury. Unfortunately, the Muhammadiyah Fatwa does not explicitly mention the law of usury, but only recommends dealing with sharia principles. Keywords: Media, in Sharia Banking Disputes, in the Religious Courts
Arbitrase Sebagai Alternatif Penyelesaian Perkara dalam Hukum Positif dan Hukum Islam Atful Munawar
Kosmik Hukum Vol 22, No 3 (2022)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v22i3.15483

Abstract

The sharia-based economy in Indonesia has experienced significant development. Along with the growth of the sharia economy, the emergence of disputes between the parties to the transaction is also increasing. On the other hand, resolving disputes through the courts requires a lot of time and money. Thus, alternative dispute resolution (APS) emerged, one of which was arbitration. This study aims to describe the concept of arbitration in positive law and tahkim in Islamic law. This research is a qualitative research using library research. This study uses a normative juridical approach. The results of the study show that arbitration and tahkim are both alternative dispute resolutions by appointing a third party as arbitrator or judge. The difference is in the requirements to become an arbitrator / judge where in Islamic law there is a requirement to be Muslim. Regarding its authority, arbitration is only authorized in the civil sector based on an arbitration agreement, while in tahkim its authority is broader in terms of muamalah, social and even political. Another difference is that in positive law the court is only authorized to execute the arbitration award if requested by one of the parties. Meanwhile, in Islamic law, the court has the authority to cancel the decision of the tahkim if it is contrary to the provisions of syara'.Keywords: tahkim, civil disputes, sharia economics
Kontroversi Pinjaman Online Ditinjau Dari Perspektif Moral Ratna Kartikawati; Soediro Soediro
Kosmik Hukum Vol 22, No 3 (2022)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v22i3.15649

Abstract

This research is motivated by the rise of online loan cases, online easy credit loans are currently being favored by the public because the process is easy and very helpful when there is an urgent need, while funds do not yet exist. at the bank. On the other hand, this online loan does not guarantee the confidentiality of customer data and does not protect customers from illegal debt collection practices. The purpose of this study was to obtain findings about the Online Loan Controversy from a Moral Perspective. The research will be conducted with a qualitative approach. The subjects in this study were credit customers in Purwokerto. Subjects were determined based on purposive sampling based on the characteristics of borrowing customers. The data collection method used: (1) in-depth interviews, (2) Focus Group Discussions/FGDs, conducted to collect information about the Online Loan Controversy Viewed from a Moral Perspective, its advantages and disadvantages, as well as important opinions and useful input in evaluating the Online Loan Controversy. Moral Perspective. Data analysis in this study uses an interactive model from Miles and Hubermans through the stages of data reduction, data presentation and verification. Based on the results of research and discussion, it can be seen that the selection of loans in borrowing by consumers is based on the compulsion and urgent need of consumers to fulfill their daily needs. These actions are actions that are not based on moral considerations, consumers do not consider on the basis of right and wrong, inappropriate and unfair. can provide loan installments, the consequences that arise are 2 (two), namely; The customer will be given the option to make a loan again with a nominal above the loan and must close the previous loan accompanied by a guarantee that will be agreed upon. Second, the loan will take valuables if the customer is unable to pay the agreed loan installments or if the agreement has stated the object of the guarantee, the guarantee belongs to the loan completelyKeywords: Juridical, Moral Judgment, Online Loas
Legal Protection to the Auction Winner with Good Intentions of Mortgage Rights on Grosse Minutes of Auction Number 780/14/2019 Ade Muhammad Syamkirana Putra; Siti Kunarti
Kosmik Hukum Vol 22, No 3 (2022)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v22i3.13507

Abstract

The government has provided legal protection to auction winners who take part in the auction with good intentions and in line with the rules, including those that are specifically regulated in the Regulation of the Minister of Finance Number 27/PMK.06/2016 concerning Auction Implementation Guidelines. The auction winner of Grosse Minutes of Auction Number: 780/44/2019 felt helpless and burdened by not being able to own the tangible object of what he purchased in the auction because the previous owner or mortgage giver objected to emptying the tangible object voluntarily. This problem made the auction winner burdened to forcibly vacate the tangible object from the auction he won and results in new legal actions. This research was conducted through library research to collect secondary data from primary, secondary, and tertiary legal sources. The owner of the Grosse Minutes of Auction number 780/44/2019, who won this auction and had good intentions, should be provided legal protection. This is done to uphold the principles of justice and give the auction winner legal security over his ownership of the tangible auction objects (land and building) that had been purchased. Article 1977, paragraph 1, of the Civil Code (hereafter referred to as the Civil Code) provides legal protection for purchasers who have good intentions. In essence, this article protects purchasers of movable property. According to Article 1977, paragraph 1 of the Civil Code, whoever controls movable property that is not in the form of interest and receivables that are not required to be paid to the bearer is declared to be the ownerKeywords: Legal Protection, Auction Winner, Grosse Minutes of Auction 

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