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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 2 (2023)" : 9 Documents clear
The Role of Balunijuk Indigenous Communities Against Unconventional Mining a Malay Inner Perspective Ndaru Satrio; Muhammad Syaiful Anwar
Kosmik Hukum Vol 23, No 2 (2023)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v23i2.18753

Abstract

This research was conducted in Balunijuk Village, whose indigenous people prefer to reject tin mining as their way of life. It is interesting for the author to examine the role of the indigenous people of Balunijuk village in fighting unconventional mines from an inner Malay perspective and how the methods used by the indigenous people of Balunijuk village to fight unconventional mines from an inner Malay perspective. The research method used is socio-legal. The role of the indigenous people of Balunijuk Village in fighting Unconventional Mining within the Malay inner framework includes (1) protecting the living space of indigenous peoples, (2) preventing corrupt acts in the living areas of indigenous peoples, (3) preventing the criminalization of indigenous peoples. The method used by the Balunijuk indigenous people against the existence of unconventional mining is to use existing local wisdom, namely ampak. The advice given is that the existence of local wisdom that has sacred values should get a better place in solving problems that arise. Keywords: Role, Indigenous Peoples of Balunijuk Village, Unconventional Mining
Legal Protection for the Victims of Religious Hate Speech on the Internet Agus Raharjo; Yusuf Saefudin; Sonny Zulhuda
Kosmik Hukum Vol 23, No 2 (2023)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v23i2.18426

Abstract

Over recent decades, the boom in information and communication technologies (ICTs) has brought completely new ways of establishing and maintaining relationships. Nevertheless, in very different ways, people are vulnerable to multiple forms of violence that threaten their physical and psychological integrity. Various media and new technologies are explored, but particularly the Internet and mobile phones and the convergence between the two are discussed. The religious hate speech was easily found on the internet. The victims on certain social media can report it to the managers for blocked. But on some websites, such things cannot be done, so those who feel victimized ended up doing the same thing to the first attack. Cyberwar through words will continue without end. State responses alone will never be sufficient. This happens for several reasons. First, the possibility of anonymity; second, the rapidly growing anarchy in cyberspace as a form of culture wild-wild west; the third, still weak law enforcement in the field of cybercrime – especially religious hate speech; fourth, the possibility of committing crime outside the criminal jurisdiction of a country; and fifth, diminishing of tolerant awareness. There should be a criminal policy and strong in handling this crime, and growing healthy behaviors for Internet users to communicate with other users.Keywords: cybercrime; religious hate speech; internet; anonymity; anarchy.
The Phenomenon of Unregistered Marriages: Problems and Solution Desmal Fajri; Felti Novira
Kosmik Hukum Vol 23, No 2 (2023)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v23i2.18113

Abstract

In 2022 there are 20 marriages in Batu Gajah Village, 11 or 55 percent of marriages are not registered and 45 percent of marriages are registered. According to the applicable laws and regulations, a marriage is valid if it is registered. Marriages for people who are Muslim are registered at the Office of Religious Affairs and for non-Muslims at the Civil Registry Office. This study aims to analyze the factors that cause marriages not to be recorded in Nagari Batu Gajah. This study uses an empirical juridical approach, which is a research approach to secondary data first and then continues to conduct primary data research in the field. Primary data was obtained through interviews with a Ninik Mamak as a community figure and 10 undocumented marriages. Then the empirical data were analyzed descriptively and qualitatively. Based on the results of the study, the factors causing marriages not to be registered in Nagari Batu Gajah were age, cost, pregnancy out of wedlock, access to the KUA office that was far away, polygamy, understanding of the rules, elopement, pregnancy out of wedlock and did not get permission from the Ninik Mamak. Then the way to deal with unregistered marriages is to socialize to the community by the Office of Religious Affairs regarding the marriage law and improve road access to the Office of Religious Affairs and the community must comply with local customary norms.Keywords: Marriage, Unregistered Marriage, Religious Affairs Office 
Disparitas Pemidanaan Terhadap Pelaku Permufakatan Jahat Melakukan Tindak Pidana Narkotika dalam Prespektif Tujuan Hukum Muhammad Rusli Arafat; Sigid Suseno; Widiati Wulandari
Kosmik Hukum Vol 23, No 2 (2023)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v23i2.18361

Abstract

Law enforcement against narcotics trafficking is certainly a significant element in efforts to eradicate narcotics crimes. So it is interesting to observe the extent to which the perpetrators who cooperated in committing criminal acts of buying and selling narcotics were arrested, prosecuted and tried. This study aims to answer the problem of accountability of each perpetrator who cooperates in committing a criminal act of buying and selling narcotics and regarding the occurrence of criminal disparities in the case of cooperating to commit narcotics crimes by analyzing the legal considerations of the panel of judges, as well as answering the problem of criminal disparities in cases of cooperating to commit narcotics crimes based on the perspective of legal objectives. This research uses normative legal research methods. The results showed that, in the case of criminal acts of buying and selling narcotics with the inclusion of responsibility of the perpetrators, it must be proven whether as a pleger  (the main perpetrator), or  a medepleger (a person who participates). Because if it is not proven in the trial, it will have an impact on the unaccountability of the perpetrator. So the situation does not reflect justice and legal certainty. the concrete form of criminal liability is the imposition of punishment by the Panel of Judges in the form of imprisonment and fines, defendants who commit the same crime or the level of seriousness that can be equalized, are still sentenced to varying or different crimes. So that disparity in conviction becomes a phenomenon of injustice if the judge does not clearly provide a strong reason for distinguishing the sentence for the defendant in the case of cooperating in the criminal act of buying and selling narcotics.Keywords: Disparity, Conviction, Narcotics, Inclusion
Marriage Appreciation Trust Viewed From Indonesian Positive Law Rafiqa Sari; Tiara Ramadhani; Darwance Darwance
Kosmik Hukum Vol 23, No 2 (2023)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v23i2.17343

Abstract

Indonesian society is the society it consists of from various ethnicity, nation, culture, religion and beliefs are diverse . Indonesian citizen, deep matter implementation his marriage subject to Law No. 1 of 1974, however only for people whose religion and beliefs recognized by the state. Objective from study This is analyze validity marriage devout trust seen from regulation the prevailing laws and regulations in Indonesia. Study This done with use method law normative through studies library. The resulting research results is after legalized Regulation Government Number 40 of 2019 concerning Implementation Constitution Number 24 of 2013 concerning Administration Population. So that he admitted marriage devout trust in Indonesia in law positive, with implementation marriage through procedures that have determined in regulation legislation. Is one _ proof that law positive in Indonesia, admitted existence devout trust after exists decision court Constitution.Keywords:  Marriage, Appreciation Trust, Positive Law
Dinamika Sistem Pemilu dan Demokratisasi Partai Politik di Indonesia Pasca Reformasi Fatni Erlina
Kosmik Hukum Vol 23, No 2 (2023)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v23i3.16640

Abstract

The purpose of writing this article is to find a correlation between the differences in the electoral system adopted and the democratic index of political parties, through a comparative study of changes in the electoral system that have taken place since the Reformation. Election systems can be identified through regulatory changes to the Election Law. The analysis is seen through the perceptions index of Indonesian democracy, namely in the aspects of political institutions, political party variables, and regeneration indicators. This research is descriptive qualitative, using normative juridical analysis methods, and positivist legis. The results showed that differences in the representation system resulted in changes in political party strategy which had implications for internal democratization of political parties. The democracy index of political parties in Indonesia tends to decline after the implementation of an open proportional system and the strengthening of the parliamentary threshold, because political parties are more oriented towards getting votes than regeneration. An alternative that can be done is by combining a proportional electoral system and a district system, a two-chamber parliament system (bicamiral) and accommodating group groups, namely a functional representation system.Keywords: Dynamics, Election System, Democracy, Political Parties
Revenge Porn: Digital Crimes and Implications for Victims Zico Junius Fernando; Papontee Teeraphan; Jaco Barkhuizen; Agusalim Agusalim
Kosmik Hukum Vol 23, No 2 (2023)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v23i2.18542

Abstract

In today's digital era, problems related to cybercrime are increasing, one of which is "Revenge Porn". Revenge porn refers to deliberately distributing pornographic content without the consent of the person seen in the content, often done by ex-spouses as a form of revenge. Due to the easy access and dissemination of information through the internet, revenge porn has become a threat to many individuals, especially women. Victims of this act often face social stigmatization, isolation, and depression. The stigma attached to victims affects their social and work lives, hampering their opportunities in many aspects of life. This research utilizes normative legal methods by adopting statutory, conceptual, comparative, and futuristic approaches. The nature of this research is descriptive-prescriptive. The data that has been collected is analyzed using the content analysis method. This research results in that apart from psychological and social impacts, and revenge porn also has legal implications. Some countries have responded by implementing specific laws to address this issue, but the challenge is distinguishing between the right to freedom of expression and invasion of privacy. Understanding this issue is essential for victims and society to build awareness and prevent the spread of this kind of digital crime. People can protect themselves and others from the dangers of revenge porn with proper understanding and preventive measures.Keywords: Revenge Porn, Digital Crime, Psychological Impact, Social Stigmatization.
Pelanggaran Kode Etik Notaris Yang Bekerjasama Dengan Biro Jasa Elsa Halida Saputri; Siti Hajati Hosein
Kosmik Hukum Vol 23, No 2 (2023)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v23i2.15466

Abstract

difficulty getting clients, because people will tend to use the services of the same notary because of the client's sense of trust in the notary. Therefore, it is not uncommon for notaries to use intermediary services in the form of service bureaus to get clients. The research method used is centralized research with a normative juridical nature. The results of this study are notaries who violate the code of ethics in the form of collaborating with service bureaus whose sanctions in the Code of Ethics are in the form of reprimands, warnings, temporary dismissal from the association, and dishonorable discharge from the association. hesitate because of fellow notaries. Furthermore, the deed made with the intermediary of the service bureau will be relegated to a private deed due to the non-fulfillment of the elements of reading by a notary and subsequent signatures by the appearers, witnesses, and also notaries, and interest to the notary. Furthermore, it will be described in the introduction, subtitles, and closing.Keywords: notary, service bureau, deed degradation
Notary Liability for the Sale and Purchase of PT GEI Shares Made Unlawfully (Study of Decision Number 188 PK/Pdt/2020) Galih Wicaksono
Kosmik Hukum Vol 23, No 2 (2023)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v23i2.18320

Abstract

The making of the deed of sale and purchase agreement of the company's shares must follow the legal rules regulated by corporate law. However, in the making of the deed of sale and purchase of shares of PT GEI, there was a fake sale and purchase in which the procedure was carried out without the approval of the general meeting of shareholders and without payment for the sale and purchase. This research aims to analyze the legal responsibilities of notaries. This research is a normative legal research, with statutory, conceptual and case approaches. The data source used is secondary data. Qualitative normative data analysis method. Research results show that: The notary's responsibility for the fake sale and purchase of company shares is the responsibility of the civil aspect and the administrative aspect.Keywords: Responsibility Of Notary, Acts Against The Law

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