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Yusuf Saefudin
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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
Climate Justice: Challenges and Future Strategies for Courts on Climate Change in Indonesia Nikmah Fitriah; Indriati Amarini
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.v25i1.24776

Abstract

Climate change has become a global phenomenon characterized by an increase in the earth's average temperature, which is largely caused by human activities. The use of Litigation to resolve climate change issues has more than doubled since 2017 and is still growing. This research aims to explore the challenges and strategies in mainstreaming climate justice in Indonesia through climate change courts. With a doctrinal approach, this research will examine primary legal sources, such as legislation, jurisprudence, and international documents, as well as secondary sources, such as academic literature and organizational reports, to produce evidence-based recommendations for the development of a legal framework for climate justice in Indonesia. The research results show that climate change makes courts an important player in multi-level climate governance, therefore courts must have climate sensitivity and awareness. There is a need for specific material and procedural laws regarding climate and the need to develop the knowledge and skills of judges.
Intellectual Property Rights and Ethics: A Comparison of Philosophical Approaches in Northern and Southern Countries I Gede Agus Kurniawan; Putu Aras Samsithawrati; Fradhana Putra Disantara; Briggs Samuel Mawunyo Nutakor; Mac Thi Hoai Thuong
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.v25i1.24489

Abstract

The philosophical differences between Northern countries, which adopt utilitarian and libertarian perspectives emphasizing strict Intellectual Property Rights (IPR) protection, and Southern countries, which prioritize distributive justice and universal access, create tensions in implementing global IPR policies, particularly concerning important issues such as access to medicines and technology. This research aims to analyze the influence of philosophical approach differences between Northern and Southern countries on Intellectual Property Rights (IPR) policies and implementation, as well as their ethical implications for public access to knowledge and technology. This research employs normative legal research methods with a conceptual approach, analyzing primary, secondary, and tertiary legal materials through literature study, and uses qualitative analysis to interpret the differences in philosophical approaches to IPR policies between Northern and Southern countries along with their ethical implications. The research findings show that philosophical differences between Northern countries, which adopt a utilitarian-libertarian approach with strict IPR protection, and Southern countries, which emphasize distributive justice-collectivism with a more flexible approach, have significant ethical implications for public access to knowledge and technology, as seen in the HIV/AIDS crisis in Africa and access to education, where strict patent policies of Northern countries often hinder developing countries' access to important technology and knowledge, while Southern countries advocate for universal access especially for basic needs such as health and education, creating tension between IPR protection and fulfillment of society's basic needs.
Protection of Persons with Disabilities in Armed Conflict in Gaza through the Application of the Distinction Principle Jelita Septiani Aprisal; Agustinus Supriyanto; Samar T.M. Alhaj
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.v25i1.22614

Abstract

Protection for people with disabilities during armed conflict in Gaza must prioritize the application of the Distinction Principle in international humanitarian law. The Distinction Principle ensures that military attacks are directed only at legitimate military targets, not at civilians, including those with disabilities. Therefore, it is crucial to examine how protection for people with disabilities in Gaza with the application of this principle can be enhanced, and discuss the prospects of regulations governing this issue in the future. The research method employed is normative legal research, utilizing both statutory approach related to the issue and conceptual approach focusing on the Distinction Principle. People with disabilities in Gaza face significant challenges in accessing healthcare, evacuation, and humanitarian aid. Consistent and stringent implementation of the Distinction Principle is essential to ensure their protection from the adverse effects of war. Concrete steps such as improving military training, monitoring violations, and enforcing these principles are necessary to strengthen their protection. Overall, protection for people with disabilities in Gaza is a global humanitarian responsibility that requires collective commitment to ensure compliance with international law and improve the living conditions of people with disabilities amidst armed conflict. 
Judicial Review of Presidential Threshold Decisions: The Dynamics of Constitutional Injury Achmad Zuhdi; Serhii Ablamskyi; Arya Anggara
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.v25i1.24476

Abstract

This study examines the Dynamics of Constitutional Injury Interpretation by the Constitutional Court in the Judicial Review of the Presidential Threshold Law, focusing on how the Court’s interpretation of constitutional harm has shifted in relation to granting legal standing to individual applicants. Historically, individual citizens have held the right to challenge laws they believe infringe on their constitutional rights. However, recent rulings show a shift where the Court restricts legal standing, allowing only political parties to challenge the Presidential Threshold Law. This restriction is based on two main reasons: changes in the electoral system, which now directly involves political parties, and the notion that voters’ increased knowledge diminishes the need for individual challenges. The study aims to critically assess whether these reasons hold sufficient weight to limit individual participation. Through a normative legal approach utilizing case and statutory analysis, findings reveal that limiting individual participation undermines democratic legitimacy, as the cited reasons lack substantive grounds to justify the restriction on individual legal standing in the constitutional review process.
Promoting Responsible Vehicle Ownership to Prevent Underage Driving and Motorcycling: A Legal Solution for Indonesia Tantimin Tantimin; Febri Jaya; David Tan; Winda Fitri
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.v25i1.25541

Abstract

This study aims to address and ultimately find the solution to the phenomenon of underage driving and motorcycling in Indonesia. The continued rise of vehicle ownership has also increased the risks of traffic accidents, which are then exacerbated by the phenomenon of underage driving and motorcycling. Ultimately, this has raised the urgency to thoroughly analyze the causes behind this phenomenon and explore other legal angles to curb this problem and increase the safety of all road users. Through the normative legal research method with statutory approach, this study finds that there are normative inadequacies within the relevant legal framework to tackle the issue of underage driving and motorcycling. This study also proposes a strategy to help tackle this problem by focusing on holding vehicle owners more accountable with a structured penalty system directly to the owners of the vehicles, as they are enabling this dangerous behavior.

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