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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 6 Documents
 1 
Search results for , issue "Vol 24, No 3 (2024)" : 6 Documents clear
Non-Litigation Paradigm in Medical Dispute Resolution: An Indonesian Perspective Prima Maharani Putri
Kosmik Hukum Vol 24, No 3 (2024)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v24i3.23683

Abstract

This article aims to analyze the non-litigation paradigm in resolving medical disputes between doctors and patients based on the applicable laws and regulations in Indonesia, along with its implications for improving the quality of health services. This research approach is with a normative juridical method with a statute approach and a conceptual approach. The results of the study revealed that the doctor's relationship that started from a paternalistic relationship has shifted to a partnership. This is evidenced by the regulation of therapeutic transactions and informed consent in every health service provided. Health services, which according to Law No. 17 of 2023 concerning Health are in the form of health efforts (inspanning verbintenis), allow the risk of doctor-patient medical disputes. This law is also the basis for resolving medical disputes between doctors and patients. The law in article 310 stipulates that the resolution of medical disputes first through alternative dispute resolution outside the court (non-litigation). The paradigm of resolving medical disputes through non-litigation can make the doctor-patient relationship more qualitative, because of the win-win solution principle used. A good doctor-patient relationship will also have a good impact on improving the quality of health services provided. Doctors and patients are in their best position as providers and recipients of health services because the good name of doctors and patients is maintained and medical disputes can be resolved with the principle of kinship, without having to waste a lot of money, time and energy.Keywords: Medical Disputes, Non-Litigation, Doctor-Patient
Legalization of Village-Owned Enterprises to Improve the Community Economy in Central Maluku Regency Sherlock Halmes Lekipiouw; Hendrik Salmon; Michael Rolando Singkery; Natanel Lainsamputty
Kosmik Hukum Vol 24, No 3 (2024)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v24i3.21529

Abstract

Law Number 6 of 2014 concerning Villages has become a comprehensive regulation regarding villages. In contrast to Law Number 32 of 2004, the regulation on BUMDe in the new Village Law is more comprehensive. BUMDes is still positioned as a village economic organization that has an important role in achieving the welfare of the community, villages, and village governments. The purpose of this study is to study and analyze the Legalization of Village-Owned Enterprises as a Means of Improving the People's Economy in Central Maluku Regency and to study and analyze the Legalization of Village-Owned Enterprises Can Improve the People's Economy in Central Maluku Regency. The research method is sociolegal with a regulatory approach and observation as well as interviews with the Tananahu government and the Central Maluku Government. The results of the research show that Tananahu's Owned Enterprises have not yet had legality through village regulations, even though their businesses have been petrified in increasing village income. So it is necessary to legalize Tananahu -owned Enterprises and also in villages in Central Maluku Regency.
Sexual Intercourse with a Corpse as a Crime Against Society and the Urgency of Its Regulation in the New Penal Code Erdianto Effendi; Rena Yulia; Heni Susanti
Kosmik Hukum Vol 24, No 3 (2024)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v24i3.22489

Abstract

Murder in criminal law has been regulated in detail, but the actions after murder have not been regulated in such a way. So that the perpetrator is only charged with murder when there are other actions that have different elements. For example, mutilation, intercourse with corpses, and even eating corpses. This paper will examine the acts committed against a corpse after murder, namely intercourse with a corpse. The study is conducted on articles in the New Criminal Code. The purpose of this study is to find out how the New Criminal Code regulates the act of intercourse committed against a corpse after being killed as a response to the development of human actions today. The research method used is normative legal research with a case approach. The result of this research is known that the New Criminal Code does not regulate intercourse with corpses, but only regulates interference with funerals and corpses. This article focuses more on the corpse that has been buried and the destruction of the grave. Regulations regarding corpses that are molested, sodomized or mutilated and eaten after being killed have not been regulated. In fact, these acts currently occur frequently. The act of copulation with a corpse is committed after the victim is killed and before the victim is buried. These acts can be different from the interference with funerals and corpses as referred to in the New Penal Code. 
New Paradigm of Social Commerce Regulation Towards Indonesia Cyber Era (Comparative Study between Malaysia and South Korea) Yayuk Whindari; Narina Rani Nilam Pratiwi; Muchammad Zidan Taufiqi; Mustafa Lutfi; Maya Ruhtiani
Kosmik Hukum Vol 24, No 3 (2024)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v24i3.24008

Abstract

AbstractThe emergence of Social Commerce in Indonesia raises the need for new, more comprehensive regulations to govern and protect this activity. Social commerce is a combination of social media and e-commerce, in various countries, especially Indonesia, has now developed very rapidly. This development creates new challenges in legal regulation, because social commerce involves various aspects that must be protected. This research discusses the development of social commerce in Indonesia and several countries and the design of regulating social commerce in Indonesia. The type of research used is normative juridical research, with statutory, comparative, and conceptual approaches. This research aims to find out the development of social commerce in various countries, especially Indonesia and design a formulation of social commerce regulation that is suitable to be applied in Indonesia. The results illustrate that Indonesia needs to improve security and add several provisions in the law regarding personal data protection and consumer protection in the realm of electronic commerce, especially in social media and form several institutions that support consumer protection and consumer personal data.Keywords: e-commerce, Malaysia, social commerce, South Korea.
Abortion in the Perspective of Islamic Law and Health Law Ahdiana Yuni Lestari; Agesti Andriani; Dakum Dakum; Setiyawan Gunardi
Kosmik Hukum Vol 24, No 3 (2024)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v24i3.22798

Abstract

Free association is a primary factor that has been observed to significantly influence the rate at which abortion practices are being carried out among teenagers. In Indonesia, the rate of abortion cases was reported to be around 2.5 million, among which 1.5 million were carried out by teenagers due to reasons such as pregnancy outside marriage, conception as a result of rape, or life-threatening cases. Therefore, this study aims to thoroughly examine the perspective of Islamic law and health law related to abortion cases. In order to effectively achieve the stated objective, a normative legal analysis was carried out using the Qur’an, Law Number 1 of 2023, Law Number 17 of 2023, PP Number 28 of 2024, PP Number 61 of 2014, MUI Fatwa Number 4 of 2005, MUI Fatwa Number: 1/MUNAS VI/MUI/2000, fiqh 5 madzhab, as well as the results of previous studies published in journals and other references related to the problem. The analysis results were subsequently examined prescriptively by providing legally correct arguments against legal facts or events. The obtained results showed that abortion permitted according to Islamic law were only spontaneous cases (al-isqathal-dzaty), namely the fetus is miscarried naturally and abortion due to life-threatening emergencies (al-isqath al-darury/al-ilajiy). According to health law, abortion was permitted if there were indications of a medical emergency in the pregnant woman or if pregnancy was a result of rape. The permission to perform an abortion must be given by medical personnel and health workers who have the competence and authority, and the act must be carried out in health service facilities that meet the requirements determined by the Minister of Health. Furthermore, the pregnant woman and her husband must also grant an approval, except in cases where the woman is a victim of rape. This is as stated in Article 61 of Law Number 17 of 2023, Article 116 PP number 28 of 2024, Article 31, Article 35 paragraph (2) of PP Number 61 of 2014, Article 463 paragraph (2), and Article 465 paragraph (3) of Law Number 1 of 2023.Keywords: Abortion, Health Law, Islamic Law
Optimizing Mediation for Land Dispute Settlements: A Socio-Legal Analysis from Indonesia Soediro, Soediro; Nur’aeni, Nur’aeni; Kartini, Ika Ariani; Dewi, Shintyana
Kosmik Hukum Vol 24, No 3 (2024)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v24i3.25953

Abstract

Land disputes are a prevalent legal issue in Indonesia, often arising from conflicting ownership claims among individuals, families, or communities. Mediation has emerged as an alternative dispute resolution mechanism that offers a more efficient, expeditious, and flexible approach compared to litigation. This study aims to examine the key factors influencing the effectiveness of mediation in resolving land disputes in Plaosan Village, Wonosari District, Malang Regency, as well as the challenges faced by the disputing parties. Employing a normative juridical research method with a descriptive-analytical approach, this study integrates both primary and secondary data collection techniques. The findings highlight that the success of mediation is significantly influenced by public awareness, the competence of mediators, and the legal framework supporting mediation practices. Strengthening regulatory mechanisms and enhancing public understanding of mediation are crucial in optimizing its role as a viable solution for land disputes in rural communities.

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