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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 5 Documents
 1 
Search results for , issue "Vol 24, No 1 (2024)" : 5 Documents clear
Implications of the Presidential Threshold Implementation on the Formation of Cartel Coalitions Rahmat Muhajir Nugroho
Kosmik Hukum Vol 24, No 1 (2024)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v24i1.14521

Abstract

The threshold for presidential candidacy as a condition for nominating candidates for President and Vice President in the General Election in Indonesia creates constitutional problems. Political parties that have been designated as election participants cannot immediately nominate pairs of candidates for President and Vice President because there are additional requirements outside of the constitutional provisions, namely that political parties must have 20% of the DPR RI seats or 25% of the valid national votes resulting from the Legislative Election in the previous five years. This research aims to analyze the implications of implementing the Presidential Threshold on the formation of cartel coalitions. The research method is normative legal research using primary, secondary, and tertiary legal materials. Apart from limiting the rights of political parties, these threshold provisions also have implications for the formation of cartel coalitions, so they are very dominant in Parliament. This research concludes that setting the threshold for nominations for President and Vice President has implications for the formation of large coalitions (oversized coalitions) in government, even political cartels, thus opening opportunities for oligarchs to intervene in government.Keywords: Election, Presidential Threshold, Cartel
Conflicts as a Result of Land Measurement Errors Case Study: Land Ownership of the Former Mayor of Semarang Sudjito Sudjito; Tatit Hariyanti; Labib Muttaqin; Hengki Firmanda; Rosa Nikmatul Fajri
Kosmik Hukum Vol 24, No 1 (2024)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v24i1.19648

Abstract

This study explores a case that occurred on land owned by the former mayor of Semarang, Sukawi Sutarip. On land, land measurement errors occur and land ownership overlaps with other people's ownership. Conflicts between adjacent landowners were inevitable. This study aims to determine the chronology of the conflict, the causes of land measurement error and the legal consequences. This research is juridical-normative in nature, meaning that the truth of statements is measured based on positive legal norms. The data analysed is limited to secondary data collected from the internet. Data were analysed qualitatively. The results showed that it was true that there were errors in land measurement and the main causal factor was due to unprofessional officers; and give rise to legal conflict in the court. The legal consequence is that the certificate becomes legally and administratively flawed.Keywords:    Conflict, Land, measurement, administrative flaw
Enforcement of Copyright Law on Non-Fungible Token (NFT) Through Smart Contracts Deslaely Putranti; Uni Tsulasi Putri
Kosmik Hukum Vol 24, No 1 (2024)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v24i1.18476

Abstract

The emergence of the Non-Fungible Token (NFT) was driven by the transformation of the digital world. NFT is now an investment option for the majority of investors. NFT is a digital asset that defines original artworks, such as a painting, drawing, piece of music, or in-game item, and is maintained in a blockchain-based ledger where the purchasing and selling process is conducted using cryptocurrency. As a form of copyright protection, the presence of NFT as a digital asset is fraught with complications. Digitizing an artwork that is subsequently converted to NFT infringes the original creator's copyright since someone may produce a digital version of another's work without their consent. The existing laws and regulations are yet to govern the ownership of NFTs that infringe the copyrights of others; thus, a solution is required, one of which is by the use of smart contracts. This is normative-juridical research, namely study undertaken by reviewing library resources or secondary sources. This study came into the conclusion that with the present state of technology, smart contracts cannot identify Copyright mistakes that are translated to NFT. Through human intervention, the blockchain network requires the addition of new applications.Keywords: Non-Fungible Token, Copyright, Smart Contract
Urgency and Challenges of Illicit Enrichment Regulation in the Draft Law on Asset Forfeiture in Indonesia Putra Andika; Suparji Ahmad; Anis Rifai
Kosmik Hukum Vol 24, No 1 (2024)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v24i1.19577

Abstract

The enforcement of laws regarding illicit enrichment, as part of the effort to combat corruption, presents a significant challenge in many countries. Commitment to preventing this crime involves the enactment of legislation that criminalizes illicit enrichment and prescribes criminal penalties. The importance of passing the Asset Forfeiture Bill and enhancing the AntiCorruption Law, including provisions addressing illicit enrichment, is paramount. The objective of this research is to underscore the significance of incorporating provisions on illicit enrichment in the Asset Forfeiture Bill as a solution to economic crimes, particularly those involving public officials unable to account for the origins of their wealth. The research methodology employed is normative legal research with three approaches: legislative analysis, conceptual analysis, and comparative analysis. The research findings indicate that regulations concerning illicit enrichment require improvement to consider the principle of equality before the law, particularly the rights of the accused in court. Without such considerations, the implementation of the Asset Forfeiture Bill can be susceptible to abuse and may not act as a deterrent for public officials to avoid economic crimes. Some officials have also exploited legal loopholes within these regulations. To enhance its effectiveness, amendments, and refinements to the Asset Forfeiture Bill are necessary to address these weaknesses. This will help establish a fair legal system, prevent the abuse of power by public officials, and improve the effectiveness of combating corruption and economic crimes that harm the state.Keywords: Illicit enrichment, Corruption Criminal Act, Asset Forfeiture. 
Fertilizer Policies: The implementation in Indonesia Compared to European Countries Ari Kurniawati; Ika Ariani Kartini
Kosmik Hukum Vol 24, No 1 (2024)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v24i1.23465

Abstract

AbstractThis study explores a case that occurred on land owned by the former mayor of Semarang, Sukawi Sutarip. On land, land measurement errors occur and land ownership overlaps with other people's ownership. Conflicts between adjacent landowners were inevitable. This study aims to determine the chronology of the conflict, the causes of land measurement error and the legal consequences. This research is juridical-normative in nature, meaning that the truth of statements is measured based on positive legal norms. The data analysed is limited to secondary data collected from the internet. Data were analysed qualitatively. The results showed that it was true that there were errors in land measurement and the main causal factor was due to unprofessional officers; and give rise to legal conflict in the court. The legal consequence is that the certificate becomes legally and administratively flawed.Keywords:    Conflict, Land, measurement, administrative flaw

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