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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 2 (2024)" : 5 Documents clear
Repositioning Legal Protection For Victims of Domestic Neglect In Indonesia: Between Legal Breakthroughs and Reality? Rani Hendriana; Agus Raharjo; Baginda Khalid Hidayat Jati; Jaco Barkhuizen; Bhanu Prakash Nunna; Lintang Ario Pambudi
Kosmik Hukum Vol 24, No 2 (2024)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v24i1.21420

Abstract

Domestic neglect is frequently occurring yet often overlooked and considered less significant compared to physical and sexual violence. This research employs normative juridical research methods and is analyzed qualitatively through a comparative legal study approach in Indonesia, India, and South Africa. The findings reveal that there have been legal breakthroughs in terms of criminalizing domestic neglect; however, the actual legal protection for the victims does not correspond proportionately. Certain limitations within domestic neglect result in the lack of assured legal protection. Even though it is considered an ordinary offense, its effectiveness is hindered due to minimal reporting, and the provision of rights does not align with the victims' needs. This situation exists in all three countries compared in the legal comparative process, although there are aspects that can be referred to in India's regulations. Addressing this issue involves repositioning the victims by reformulating the addition of victim rights according to their needs, including negligence as an element of neglect, reformulating restitution, and transferring assets to victims as a form of criminal sanction for perpetrators, incorporating domestic neglect in law enforcement agencies' case disclosure targets and annual programs in government agencies, and reinforcing legal-cultural awareness among the community to halt the domino effect of victims suffering from domestic neglect.
Indonesian Employment and Labor Policy: A Pancasila Perspective Syuhada, Otong; Razali, Rodziana Mohamed
Kosmik Hukum Vol 24, No 2 (2024)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v24i2.19390

Abstract

The aim of this research is to examine and analyze how the Pancasila legal state concept treats labor as the most important part of the national development process. The existence of workers in the national development process has a strategic and decisive position; without workers, it is impossible for a development plan to be implemented well. In Employment Law No. 13 of 2003, workers are placed as actors of development as well as development goals. The meaning of this sentence is that workers are not only involved in the development process but also as parties who are obliged to enjoy the results of development. The method used in this research is sociological juridical with a legal approach and a conceptual approach, while the data used is secondary data, which includes material. primary legal materials, secondary legal materials, and tertiary legal materials. From the research results, it was found that there is a gap in the implementation between the concept of the Pancasila rule of law and the reality that occurs in the world of work. The rights of workers as human beings are often neglected. It is difficult for workers to achieve a prosperous life because the wages they receive cannot meet the needs of a decent life, so the concept of just and civilized humanity has not been achieved by workers. Based on these conditions, researchers recommend that the government immediately take concrete steps to overcome the problem of disparities in workforce welfare.Keywords: Employment, Labor Policy; Pancasila
Cumulation of Marriage Itsbat and Talak Divorce Lawsuits (Case Study Decision No. 5361/Pdt.G/2022/PA.Badg.) Perwitiningsih Perwitiningsih
Kosmik Hukum Vol 24, No 2 (2024)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v24i2.20860

Abstract

The civil law that applies in Indonesia does not standardize provisions regarding cumulative lawsuits, especially cumulative lawsuits on marriage itsbat and talak divorce. In Decision No. 5361/Pdt.G/2022/PA.Badg., there is a marriage itsbat and talak application. This normative research that aims to analyze how the provisions in Indonesian legislation regulate the accumulation of itsbat of marriage and talak lawsuit and to analyze the judge’s decision to grant the application for itsbat of marriage, especially unregistered marriages for pregnant women and talak for pregnant woman. This research concludes that the provisions in article 7, paragraph (3) letter (a) KHI can be used as a legal basis for cumulative lawsuits of marriage itsbat and divorce. According to Article 53 KHI, marriages for pregnant women can still held because they have fulfilled the legal requirements for marriage and no statutory provisions have been violated. Article 19 letter (f) Government Regulation Number 9 of 1975 concerning Implementation of Law Number 1 of 1974 concerning jo. Article 116 letter (f) KHI can be taken into consideration by the Panel of Judges when granting the petitioner’s talak divorce application.Keywords: cumulative lawsuit, marriage itsbat, talak divorce
Anti-Pancasila Offence: Protection of National Security or Threat to Freedom of Speech Vidya Prahassacitta
Kosmik Hukum Vol 24, No 2 (2024)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v24i2.21103

Abstract

The research discusses anti-Pancasila offenses in relation to national security and freedom of speech. Focus on the distribution of Communism, Marxism, and Leninism. Three research questions are the harm of spreading anti-Pancasila, the implementation of these offenses in court verdicts, and the formulation of these offenses in the new Penal Code. The research is document research using statutory and case approaches. Harm principles are used to analyze the research problems. Research results show that the distribution of Communism, Marxism, and Leninism has harmed other people, democratic states, and citizen exercising their fundamental rights. The implementation and formulation of these offenses in the new Penal Code also need help. Consequently, this offense cannot fulfill its objection to protecting national security interests; on the contrary, it becomes a threat to freedom of speech in the public sphere.Keywords: Anti-Pancasila, national security, freedom of speech
Application of the Principle of Transparency in the Law Enforcement Process (Analysis of the Vina Cirebon Case) Devi Rakhmatika
Kosmik Hukum Vol 24, No 2 (2024)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v24i2.22714

Abstract

In 2016, the murder cases of Vina and Eky in Cirebon occurred, where both were victims of murder and abuse by a group of motorcycle gangs. The case revealed that 11 people were named as suspects, with eight of them receiving prison sentences. However, three other suspects are still on the wanted list. The public questioned the credibility of the police in handling this case. Transparency in law enforcement in Indonesia is essential, which means publicly accessible information about the processes and outcomes of government administration. This transparency also includes criminal investigations by the police who must issue an online notice of progress of investigation (SP2HP). However, there are eight types of information that are exempt from being confidential, including the identity of victims and witnesses. In the handling of Vina's case, the victim's family felt that they did not receive adequate transparency, as it was difficult to obtain information on the progress of the case and access to evidence such as Vina's cell phone. After eight years, the public demanded the arrest of DPOs, but the police announced that only one suspect was at large, leading to doubts and speculation in the community. In conclusion, applying the principle of transparency in law enforcement is crucial to achieving substantive justice. In Vina's case, the lack of transparency made the public doubt the credibility of law enforcement and complicated the resolution of the case. Law enforcers must adhere to established moral values and standard operating procedures (SOPs) to maintain institutional integrity and provide the information needed by the victim's family in accordance with their rights under the law.Keywords: Principles of Openness/Transparency, Law, Crime

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