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Yusuf Saefudin
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Jl. K.H. Ahmad Dahlan, Purwokerto, Jawa Tengah Indonesia, 53182
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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 15 Documents
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Search results for , issue "Vol 25, No 1 (2025)" : 15 Documents clear
Digital Measurement Model as a Support Tool for the Validity of Village Land Administration Data Sri Wahyu Handayani; Bahar Elfudllatsani; Mohammad Irham Akbar
Kosmik Hukum Vol 25, No 1 (2025)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v25i1.25281

Abstract

This research aims to recommend the implementation of the digital measurement model on Village Devices and Land Data Collectors (PULDATAN) so that the collection of land data, both physical and juridical, serves as a means to support the validity of village land data. This aims to support the National Program for Complete Systematic Land Registration as mandated by Article 19 of Law Number 5 of 1960 on the Basic Agrarian Law. The location of this research is conducted in Panembangan Village, Cilongok District, Banyumas Regency. The research on the model of implementing digital measurement in village administration was conducted through the following stages: 1. Updating the Juridical Data of Village Land; 2. Updating the Physical Data of Village Land; 3. Computerization and Digitalization of Village Land Administration. The method used in this research is the empirical juridical method. This research aims to review the application of digital measurement as a form of implementing land administration law in villages to support the validity of land data in the villages. This research produces a digital measurement model in villages to prevent agrarian disputes/conflicts. The validity of village land data is the initial gateway to land administration order.
Raising Awareness to Prevent Sexual Violence for Mosque Teenager Rosmalinda Rosmalinda; Ade Rahmawati Siregar; Joiverdia Arifiyanto; Agusmidah Agusmidah; Fahrizal S. Siagian
Kosmik Hukum Vol 25, No 1 (2025)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v25i1.25079

Abstract

This article was conducted in the form of community service “training of trainer”. The goal of this activity is to improve youth knowledge, understanding, skills and roles in preventing sexual violence. This research involves the committee and members of mosque youth who trained in preventing sexual violence. Adult education methods are used in community service as well as legal research to analyze participation of mosque youth in preventing sexual violence at worship place use a legal, case and conceptual approach. The research found: (1) The number of sexual violence cases increases every year in susceptible locations such as public spaces, terminals/stations, roadsides/sidewalks, public transportation, mass or social media, residential areas, workplaces/offices and campuses. (2) The absence of worship place on susceptible locations list does not mean sexual harassment against women and children has not existed. It could be happened to anyone regardless of gender, age, religion or social background. (3) knowledge, understanding, ability and role to prevent sexual violence among mosque youth increased after participated and practice through "Let's Practice Being a Trainer/Facilitator on Sexual Violence Prevention ". As conclusions: (1) mosque youth have an important role to reduce the number of various forms of and/or prevent of sexual violence, (2) the Indonesian Mosque Youth Communication Agency (BKPRMI) has capacity and roles to improve the knowledge, ability and role of mosque youth in preventing sexual violence, especially in the mosque/prayer room area.
Legal Challenges and Policy Solutions in the Development of Village-Owned Enterprises Moh Taufik; Bha'iq Roza Rakhmatullah
Kosmik Hukum Vol 25, No 1 (2025)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v25i1.17412

Abstract

Regulation of Tegal Regency No. 2/2018 on Village-Owned Enterprises serves as a regional policy aimed at optimizing village resource potential. This regulation is expected to provide a solution for village development, particularly in Tegal Regency, which possesses significant untapped potential. However, the development of Village-Owned Enterprises often faces challenges due to a lack of stakeholder involvement in policy implementation. Proper execution of this regulation could yield substantial benefits for the community, villages, and the region as a whole. This study employs a normative juridical approach to examine legal issues and policies related to Village-Owned Enterprises. The research aims to analyze the implementation of Tegal Regency Regulation No. 2/2018 and identify solutions to the challenges encountered in its application. Utilizing qualitative data analysis with a descriptive normative juridical method, this study explores the role of various stakeholders in policy implementation. The local government collaborates with the private sector, particularly entrepreneurs, to provide input and motivation for Village-Owned Enterprise development. The findings of this research highlight the importance of evaluating and refining regional policies to enhance their effectiveness. Future studies are encouraged to assess and improve the implementation of Village-Owned Enterprise policies in Tegal Regency, ensuring their optimal contribution to economic development at the community, village, and regional levels.
Optimizing the Eradication of Human Trafficking in Batam City: A Comparison of Indonesian and Singaporean Laws Neha Aswin Maysura; Yudhi Priyo Amboro; Nurlaily Nurlaily
Kosmik Hukum Vol 25, No 1 (2025)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v25i1.25132

Abstract

Human Trafficking is a global issue that continues to escalate, including in Batam City, one of Indonesia's Human Trafficking hotspots. This study aims to analyze the effectiveness of combating Human Trafficking Crimes (Human Trafficking) in Batam City by comparing Indonesian and Singaporean laws. The research addresses the implementation of Indonesian laws, regulatory comparisons between the two countries, and recommendations for ideal solutions.The study employs normative and empirical legal methods with legislative, conceptual, and sociological approaches. Data were collected through literature reviews and interviews with relevant institutions in Batam. The findings reveal that although Indonesia’s Law No. 21 of 2007 provides a comprehensive legal framework, its implementation faces challenges such as weak inter-agency coordination, limited support facilities, and low public legal awareness. In comparison, Singapore has more effective regulations with severe sanctions and advanced technology. Recommendations include revising specific articles in Law No. 21 of 2007, strengthening cross-sectoral coordination, enhancing victim protection facilities, providing intensive training for law enforcement officers, and applying technological support. These measures are expected to optimize the fight against Human Trafficking in Batam City.
Corporate Liability In Child Rights Violations Ahmad Sofian Sofian; Batara Mulia Hasibuan; Anisa Oktavia Perwita Sari; Mark P. Capaldi
Kosmik Hukum Vol 25, No 1 (2025)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v25i1.25718

Abstract

This paper aims to explore the liability of the business sector in violations of children's rights that occur in Indonesia. In exploring the issue of liability, the author integrates the case with the principle of rights in business that applies globally known as Children's Rights and Business Principles (CRBP). Then the problem raised in this research is how the attribution of responsibility of the business sector when running its business violates children's rights, how the business sector integrates CRBP in its business to prevent violations of children's rights.  This research is a normative research and the legal materials used are Law No. 35 of 2014 concerning Amendments to Law No. 23 of 2002 concerning Child Protection and Law No. 13 of 2003 concerning Labor. The findings of the research are that national laws do not specifically regulate the liability of the business sector when it violates children's rights. The business sector can only be held accountable in criminal or civil cases that cause harm to children.  Therefore, this study recommends that CRBPs be integrated in the revision of the Child Protection Law and apply liability in the form of criminal or civil or administrative witnesses when violations of children's rights by the business sector occur.
Legal Protection of Children’s Rights in Conflict With The Law From Power Intervention Asmak Ul Hosnah; Weldy Jevis; Henny Nuraeny; Asmida Ahmad
Kosmik Hukum Vol 25, No 1 (2025)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v25i1.24967

Abstract

This study aims to examine the legal protection of the rights of children in conflict with the law, particularly in preventing power intervention within the juvenile criminal justice system in Indonesia. The background of this research is based on the prevalence of injustices faced by children due to weak oversight in the implementation of regulations, such as Law Number 11 of 2012 on the Juvenile Criminal Justice System and Law Number 35 of 2014 on Child Protection. The main issue raised is the gap between legal norms and their practical application in the field. The research methodology employs a normative and empirical juridical approach. Data were collected through document studies, in-depth interviews with law enforcement officers, children's families, and legal experts, as well as case study analyses, such as the case of Vina Dewi Arsita in Cirebon. The findings reveal instances of power abuse that harm children and highlight the weak implementation of restorative justice and rehabilitation principles within the juvenile criminal justice system. This study recommends a more effective legal protection model based on restorative justice, involving collaboration between law enforcement, government, families, and communities. It is hoped that this model will enhance transparency, justice, and the protection of children's rights.
Legal Pluralism and Inheritance Rights: Resolving Conflicts Between Local Customs and National Law in Indonesia Hilman Syahrial Haq
Kosmik Hukum Vol 25, No 1 (2025)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v25i1.23727

Abstract

This study describes efforts to resolve the conflicts of local and national law on the customary inheritance practice of the Sasak community. This research was conducted in several areas on the island of Lombok, namely Sade Hamlet, Teruwai Village, Penujak Village, and Bayan Village by using data collection methods in the form of library studies, interviews, and observations to then be analyzed qualitatively through a case approach, legislation, and history. The result obtained that the local law conflict and the national law in the practice of the Sasak community customary inheritence motivated by the difference woman's position in the strata customary inheritence based on the jurisprudence remains the supreme court number 179K/SIP/1974 and number 1589K/SIP/1974 with the concept of Sasak community inheritance which has patrillineal characteristic. Permanent jurisprudence requires that the daughter and son of an heir are jointly entitled to the inheritance in the sense that the son's share is the same as the daughter's, while the traditional inheritance of the Sasak community places sons as heirs to their parents' throne (anaq prangge) so that property in the form of houses, gardens, rice fields and livestock will be passed down to the sons, while the daughters only receive property stored in the house, such as jewelry and beads as provisions for her marriage life. This reality might be caused some latent and manifest conflict which can be ended in the court. Therefore, a continuous dialogue is needed by reviving the community mediation such as krame dese or bale sangkep as a means of finding an ideal final format which is acceptable to all parties so that legal convergence occurs between the two legal systems in the traditional inheritance practices of the Sasak community.
Mitigation Effort for Sustainable Mangrove Management Towards a Low Emission Indonesia: Study at Arboretum Mangrove Kolak Sekancil Elly Kristiani Purwendah; Ikama Dewi Setia Triana; Elisabeth Pudyastiwi; Oti Kusumaningsih; Daniel Joko Wahyono
Kosmik Hukum Vol 25, No 1 (2025)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v25i1.24595

Abstract

Krida Wana Lestari Farmer Group supports the Indonesian government's policy to reduce carbon emissions as a community obligation to participate in managing the environment, as the purpose of the ratification of the Paris Agreement ( Law Number 16 of 2016 on the Ratification of Paris Agreement to the United Nations Framework Convention on Climate Change). The farmer group successfully built an edu-tourism area, the Segara Anakan Lagoon Conservation Mangrove Arboretum (Kolak Sekancil). This farmer group cultivates and utilizes mangrove products for life and has succeeded in increasing mangrove density in the Cilacap Sea Village Area with an area of approximately 6,2126.28 Ha. Mangrove farming by farming communities is a form of community participation regulated in Article 65 Paragraph (4) Law Number 32 of 2009 on Environmental Protection and Management The legal institution of this community is formally supported by the village government with Village Regulation No. 7 of 2022 concerning Mangrove Ecosystem Management in the Segara Anakan Region of Cilacap.
Critique of Intellectual Property Law Supervision and Policy: Towards a Structured System in Indonesia Nurwati Nurwati; Radif Khotamir Rusli; Martin Roestamy; Adi Rahman Nur Ibnu
Kosmik Hukum Vol 25, No 1 (2025)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v25i1.25148

Abstract

Intellectual property (IP) law plays a crucial role in fostering innovation, creativity, and economic growth by safeguarding intellectual assets such as inventions, trademarks, and artistic works. However, the rapidly evolving technological landscape, globalization, and the rise of digital platforms have exposed significant shortcomings in existing IP legal frameworks. Key challenges include inconsistent enforcement mechanisms, fragmented legal systems, online piracy, and insufficient stakeholder awareness, particularly in developing economies. Despite attempts at reform, IP policies often remain reactive and disconnected, limiting their ability to address cross-border complexities and technological advancements effectively. This study critically evaluates the current state of IP law, identifying gaps and proposing solutions for a cohesive, proactive framework. Employing a normative legal approach, it examines statutory provisions, case law, and policy documents, with key references including the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), WIPO standards, and regional agreements. Comparative analyses of the US, EU, and Japan provide insights into best practices and highlight policy deficiencies. The findings underscore five critical issues: weak enforcement mechanisms, fragmented legal frameworks, digital challenges, low stakeholder awareness, and gaps in international cooperation. The study advocates for harmonized enforcement strategies, increased stakeholder education, and strengthened cross-border collaboration. These recommendations aim to establish an adaptive IP system aligned with technological progress, fostering global innovation and effectively protecting creators and businesses.
The Relevance of Restorative Justice in Reducing Overcapacity in Correctional Institutions for Male and Female Prisoners Kurnia Dewi Anggraeny; Petrus Kanasius Kristiaga
Kosmik Hukum Vol 25, No 1 (2025)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v25i1.23779

Abstract

Correctional institutions in Indonesia are facing severe overcrowding, with the number of inmates far exceeding facility capacities. This issue is alarming as it leads to numerous negative consequences, including poor living conditions and difficulties in rehabilitation. One possible solution is adopting a restorative justice approach, which shifts the focus of the criminal justice system from punitive measures to reconciliation and rehabilitation, ensuring justice for both victims and offenders rather than relying solely on imprisonment. This study examines the factors contributing to overcapacity in Class IIB Sleman Penitentiary and Class IIB Wonosari Penitentiary while also assessing the relevance of restorative justice in addressing this issue. Using an empirical normative methodology with a sociological juridical approach, the research incorporates statutory and structural analyses to understand the root causes of overcapacity. The findings reveal several key factors behind the overcrowding problem, including the large jurisdiction and high population of Sleman, rising crime rates, the absence of detention centers in Sleman and Wonosari, high recidivism rates, the exclusion of certain offences from restorative justice eligibility, transfers of inmates from other correctional units, and inmates choosing to serve prison sentences instead of paying fines. Restorative justice is highly relevant in addressing this issue as it provides an effective alternative to imprisonment. By focusing on conflict resolution, offender rehabilitation, and victim involvement, restorative justice aligns with the evolving priorities of Indonesia’s legal system. Implementing this approach more effectively could significantly reduce overcrowding in correctional facilities while simultaneously ensuring justice for victims, offenders, and society as a whole.

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