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Yusuf Saefudin
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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 9 Documents
 1 
Search results for , issue "Vol 23, No 1 (2023)" : 9 Documents clear
Cannabis Regulation: A Comparative Study in Indonesia, Turkey, and Morocco Yayi Intan Pratiwi; Murat Kubilay Cengiz; Aymen Mouhin
Kosmik Hukum Vol 23, No 1 (2023)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v23i1.18888

Abstract

The purpose of this comparative study is to analyze the differences in legal and policy approaches between the three countries in dealing with the issue of cannabis use and distribution. This research uses a comparative descriptive approach by collecting data from various sources such as legal regulations, government reports, and related literature. The results of the analysis show that Indonesia, Turkey, and Morocco have different approaches to regulating Cannabis. Indonesia adopts a very strict approach by imposing heavy penalties for cannabis-related offenses. On the other hand, Turkey allows the medical use of cannabis under certain conditions and has reduced legal sanctions against offenses of using small amounts of cannabis. This was also done by Morocco in 2021. In Morocco, it has relaxed some aspects of cannabis regulation and directed efforts more towards rehabilitation than punishment. The comparative study in this article provides a deeper understanding of the variations in legal and policy approaches to the regulation of cannabis drugs in Indonesia, Turkey, and Morocco. The implications of these different approaches may provide valuable insights for other countries facing similar challenges in regulating cannabis. Keywords: Medical Cannabis, Comparative Law, Legality of Cannabis
Hak Pekerja Atas Penerimaan Manfaat Jaminan Hari Tua Saat Pekerja Belum Mencapai Usia 56 Tahun Ida Nuriya Fatmawati; Asri Wijayanti
Kosmik Hukum Vol 23, No 1 (2023)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Old Age Security aims to ensure that participants can live in prosperity if they have entered retirement age, are totally disabled, or die. The purpose of this study was to determine the form of legal protection for Old Age Security participants who resign and are affected by termination of employment for the benefits of Old Age Security and their legal remedies. This legal research used a statute approach. The result of this research was a form of legal protection for Old Age Security participants is to receive benefits for the total contributions paid and their development after ten years of membership, entering retirement age, death, or permanent total disability. Employers who do not register their workers in stages are threatened with administrative sanctions. Employers who do not collect, pay and deposit contributions to Insurance and Social Security (BPJS) Employment are threatened with criminal sanctions. Old Age Security benefits will be deferred until the age of 56 years if the Old Age Security participant resigns earlier. Legal remedies that can be taken by workers if they do not get Old Age Security benefits are to settle through a mediation process carried out by the Service Quality Control Unit and Participant Complaints Handling.Keywords: Old Age Security, Stop Working, Workers.
Juridical Analysis of PKPU Decision by The Court on Application for PKPU Revocation by The Debitor Nandi Pratama; Mohamad Fajri Mekka Putra
Kosmik Hukum Vol 23, No 1 (2023)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v23i1.16969

Abstract

The purpose of this study is to find out how the judge's consideration in revoking the Delay of Debt Payment Obligation on the request of the debtor who has been determined to be Debt Payment Suspension, but there are findings of the calculation of the management team of Debt Payment Delay which states that the assets (Activa) of the debtor are still larger. of obligations (liabilites) so as to ask the Court to revoke the Suspension of Debt Payment Obligations. In addition, it is necessary to know how the legal impact that will be received by debtors and creditors on Decision Number: 53/Pdt.Sus-PKPU/2021/PN.Niaga.Jkt.Pst. This study applies a normative juridical research method that makes court decisions as primary legal material and occupies a position after legislation. The primary legal data or materials analyzed in this study are court decisions, namely Decision Number: 53/Pdt.Sus-PKPU/2021/PN.Niaga.Jkt.Pst dated April 12, 2021 and Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations. Based on this research, it can be concluded that the application submitted by the debtor in the revocation of the Suspension of Debt Payment Obligations is appropriate because the revocation of the Suspension of Debt Payment Obligations is carried out by the Court based on the provisions stipulated in Article 295 Paragraph (1) of Law Number 37 of 2004 concerning Bankruptcy and Postponement Obligation for Payment of Debt, so that the Central Jakarta District Court has the authority to revoke the Suspension of Obligation for Payment of Debt at the request of the debtor.Keywords: Postponement of Debt Payment Obligations; Revoke PKPU; Bankruptcy; Commercial Court.
Professional Liability Insurance as an Alternative to Notary Legal Protection from the Legal Consequences of Insolvency Related to Errors in Making Authentic Deeds Natasya Riesta Sivapramesti
Kosmik Hukum Vol 23, No 1 (2023)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v23i1.14942

Abstract

According to Law 2 /2014 concerning amendments to Law 30/2004, notaries are public officials who have the authority to make authentic deeds and other authorities. Furthermore, authentic deeds are evidence with perfect strength in court, as long as it complies with the regulation. Therefore, a notary's mistakes in doing an authentic deed can cause loss to the service user. The notary can be sued for compensation and insolvency if they cannot compensate for those losses due to their financial limitation. This issue raises questions regarding the legal impacts of an insolvency decision on a notary and whether professional liability insurance can protect a notary from the legal impact of an insolvency decision on a notary. From this normative juridical research, the authors conclude that first, insolvency causes a notary to their position as a public official, and second, a notary can use professional liability insurance as a risk transfer mechanism. Keywords: insolvency; liability; insurance; law; notary.
Tindak Pidana Kekerasan Seksual dan Perlindungan Hukum bagi Korban Kekerasan Seksual di Indonesia Yusuf Saefudin; Fatin Rohmah Nur Wahidah; Rahtami Susanti; Luthfi Kalbu Adi; Prima Maharani Putri
Kosmik Hukum Vol 23, No 1 (2023)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v23i1.17320

Abstract

This study aims to describe the various forms of acts that fall into the category of criminal acts of sexual violence. In addition, this research is directed to comprehensively examine what forms of legal protection for victims of sexual violence in Indonesia have been specifically regulated in Law No. 12 of 2022 concerning Criminal Acts of Sexual Violence. Therefore, this research is designed using the normative juridical method. Where the main data comes from laws and regulations, legal concepts related to sexual violence. The approaches used are statute approach and conceptual approach. The results showed, first, there are twelve types of sexual violence criminal offenses regulated in the TPKS Law. Second, Victims are entitled to Handling, Protection, and Recovery since the occurrence of Sexual Violence Crimes. Meanwhile, victims with disabilities are entitled to accessibility and reasonable accommodation for the fulfillment of their rights in accordance with the provisions of laws and regulations.Keywords: Legal Protection, Sexual Violence, Victims of Sexual Violence.
Norma Perlindungan dan Kesempatan Kerja Bagi Lansia Potensial Ditinjau dari Asas Kepastian Hukum, Keadilan, dan Kemanfaatan Murti Pramuwardhani Dewi
Kosmik Hukum Vol 23, No 1 (2023)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v23i1.15463

Abstract

This study aims to analyze the norms of protection and private employment opportunities for the Potential Elderly (elderly) in terms of the principles of legal certainty, justice, and benefit. The research on the norms of protection and employment opportunities for the elderly in terms of the principles of legal certainty, justice, and benefit is normative. Normative research was conducted by examining library materials (secondary data). The secondary data consists of primary and secondary legal materials using document studies. The results of this study were then analyzed qualitatively and presented in the form of a descriptive-analytical journal manuscript. Based on the results, can be concluded that the regulations of the norms of protection and employment opportunities for the Potential Elderly in private companies have not provided legal certainty and benefit, but have provided justice for the elderly to obtain job opportunities and services to improve their welfare.Keywords : Protection, employment opportunities, potential elderly
Online Petitions as Part of the Right to Freedom of Expression and Its Implications for the Implementation of Government in Indonesia Jalaluddin Jalaluddin; Sa'adah Sa'adah; Nur Zaqia
Kosmik Hukum Vol 23, No 1 (2023)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v23i1.14864

Abstract

This study aims to understand how the existence of the right to freedom of expression through online petitions and its implications for governance in Indonesia. This research also offers a strategy for setting petitions into laws and regulations to ensure the distribution of the people's right to freedom of expression. This normative legal research analyzes primary legal materials in the form of the 1945 Constitution and the laws and regulations under it as well as legal materials from 2018-2021 related to community activities conducting online petitions. The approaches used are the statutory approach, the concept approach, and the comparative approach. The results of the study show First, the existence of online petitions in Indonesia in 2018-2021 related to the formation of laws, namely petitions rejecting the Draft Criminal Code, Revision of the KPK Law, the Draft Job Creation Law, the Revision of the MD3 Law, the Land Law Draft, and the Music Law Draft. Second, four of the six online petitions studied were found to be successful or have ultimate implications for governance because they are able to encourage policy change. Third, as a strategy so that petitions can be responded to by the government in a mandatory manner, Indonesia needs to make laws and regulations regarding online petitions. Penelitian ini bertujuan memahami bagaimana keberadaan hak kebebasan berpendapat melalui petisi online dan implikasinya terhadap penyelenggaraan pemerintahan di Indonesia. Penelitian ini juga menawarkan strategi pengaturan petisi ke dalam peraturan perundang-undangan untuk menjamin tersalurkannya hak kebebasan berpendapat masyarakat. Penelitian hukum normatif ini menganalisis bahan hukum primer berupa UUD 1945 dan peraturan perundang-undangan di bawahnya juga bahan bahan hukum dari tahun 2018-2021 terkait dengan aktivitas masyarakat melakukan petisi online. Adapun pendekatan yang diggunakan adalah pendekatan undang-undang, pendekatan konsep, dan pendekatan komparatif. Hasil penelitian menunjukan Pertama, keberadaan petisi online di Indonesia pada tahun 2018-2021 terkait dengan pembentukan undang-undang yaitu petisi tolak Rancangan KUHP, Revisi UU KPK, Rancangan UU Cipta Kerja, Revisi UU MD3, Rancangan UU Pertanahan, dan Rancangan UU Permusikan. Kedua, empat dari enam petisi online yang diteliti dinyatakan berhasil atau berimplikasi secara ultimate terhadap penyelenggaraan pemerintahan karena mampu mendorong perubahan kebijakan. Ketiga, sebagai strategi agar petisi dapat ditanggapi pemerintah secara wajib maka Indonesia perlu membuat peraturan perundang-undangan tentang petisi online.
Law Enforcement Against Environmental Pollution by Vehicle Exhaust Emissions Rahayu Subekti; Davin Gerald Parsaoran Silalahi; Dhiwa Arya Purbadi; Rismoyo Kurnia Sangkara
Kosmik Hukum Vol 23, No 1 (2023)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v23i1.15306

Abstract

Enforcement of environmental laws relating to emissions from motor vehicle exhaust It is clear from the laws and regulations that the Ministry of Transportation is authorized to act as the implementing agency for periodic motor vehicle inspections and emission testing. The use of motorized vehicles contributes to air pollution which hinders the management and protection of the environment. There are many types of environmental pollution, but in particular air pollution has far-reaching detrimental effects and has a significant impact on environmental quality. By using normative legal research methods and literature studies, namely research that looks at document studies, there are several regulatory matters, including Article 206 of Government Regulation Number 22 of 2021 concerning the Implementation of Environmental Protection and Presidential Regulation (Perpres) No. 55 of 2019 concerning the Acceleration of the Battery Electric Vehicle Program for Road Transportation. One of the causes of environmental pollution, especially in the air, is the use of vehicles that use oil (fuel). Electric vehicles are currently the solution to developing environmentally friendly technologies. The government's efforts are carried out by completing emission tests and developing electric vehicles that affect both the environment and vehicle health.Keywords: Law Enforcement, Environment, Emissions, Electric Vehicles
Village Land Administration as an Effort to Prevent Agrarian Disputes/Conflicts Sri Wahyu Handayani; Supriyanto Supriyanto; Manunggal Kusuma Wardaya; Wismaningsih Wismaningsih; Weda Kupita
Kosmik Hukum Vol 23, No 1 (2023)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v23i1.15651

Abstract

This study criticizes village land administration policies that have not been orderly and firm. This resulted in the emergence of agrarian disputes/conflicts. The village land administration policy has not regulated sanctions if the regulation is not implemented. This normative research is complemented by empirical research using the interview method with village officials and Focus Group Discussion in Jompo Kulon Village, Sokaraja District. Based on the identification of research results with empirical methods in Jompo Kulon Village, it was found that several causes of problems that arise, including the limitations of Human Resources who master technology and do not understand the bookkeeping of land administration, land administration which is still manual, only refers to the Letter C Book so there is a chance for errors. in recording and lack of public awareness to register their land. Based on the results of the Focus Group Discussion, this study offers a solution for the standardization of village land administration records which are carried out digitally to minimize data changes and the existence of rewards and punishments for those who do not standardize the village administration records and encourage village community awareness to register their land through the Land Registration Program. Complete Systematic.Keywords: village land administration; agrarian; dispute; conflict

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