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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 10 Documents
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Search results for , issue "Vol. 25 No. 2 (2025)" : 10 Documents clear
Issues and Solutions of Legal Protection for Marine Mammals in Indonesia Anggita, Leli; Nugraha, Adrian
Kosmik Hukum Vol. 25 No. 2 (2025)
Publisher : Universitas Muhammadiyah Purwokerto

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Abstract

The government has tried to protect marine mammals through Marine Protected Areas (MPA) contained in laws and regulations. However, the lack of conservation areas specifically designed for marine mammals and several counterproductive laws have created problems in efforts to protect marine mammals. This research was carried out using normative legal research methods through literature studies that examined mainly secondary data. Several issues related to the extinction of marine mammals arise due to the lack of protected areas specifically designed for marine mammals, overlapping management institutions, and centralization of power, which makes efforts to manage marine areas complex and challenging to recognize the existence of indigenous peoples. The government can implement several solutions related to this problem, including expanding the conservation areas specifically designed for marine mammals, clarifying and synchronizing any regulations governing institutional authority, and recognizing the existence of indigenous peoples and their traditions.
Moral Sensitivity of Indonesian Migrant Workers in Malaysia Wati, Ratna Kartika; Osman, Zuraini Jamil
Kosmik Hukum Vol. 25 No. 2 (2025)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v25i2.24744

Abstract

As neighbouring countries, Indonesia and Malaysia continue to compete in the economic field, competing to become developed countries. The number of Indonesian citizens who become Indonesian Migrant Workers as domestic assistants in Malaysia, gives a negative stigma to the image of the Indonesian State. This research is a descriptive qualitative research using an interactive analysis model. The conclusion that can be drawn in this study is that, Indonesian Migrant Workers have moral sensitivity formed from several dimensions, namely: moral awareness (awareness of his position, as an Indonesian migrant worker who adheres to the principles of justice, mutual cooperation, responsibility and respect for others), moral decisions (migrant workers always try to commit and keep promises or be trusted by employers / leaders and be respectful and loyal to new colleagues and families in Malaysia), Moral Intention (Indonesian migrant workers try to show their integrity and try to pursue their excellence), moral action (Indonesian migrant workers try to maintain honest behaviour and the good name of individuals and the country of Indonesia. Meanwhile, the main factors affecting the sensitivity of Indonesian migrant workers in Malaysia are that many Indonesian migrant workers are not old enough, Indonesian migrant workers have incomplete population administration, there are illiterate Indonesian migrant workers, Indonesian migrant workers have a history of illness and Indonesian migrant workers are pregnant. In addition, another factor that is thought to affect the moral sensitivity of Indonesian migrant workers in Malaysia is the cost of becoming a migrant worker which is quite expensive, thus encouraging migrant workers to take shortcuts by becoming illegal migrant workers.
Gender Equality Implementation in Women’s Legal Cases in Religious Courts Kania, Dede; Fatoni, Siti Nur; Kusmayanti, Hazar; Rahmanillah, Vienka
Kosmik Hukum Vol. 25 No. 2 (2025)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v25i2.25472

Abstract

This article analyses the implementation of the Supreme Court Regulation Number 3 of 2017 concerning Guidelines for Trial of Cases Involving Women Facing Legal Challenges (which is then written as SC Reg. 3/2017) in Religious Affairs Courts. This regulation provides a guideline and serves as a reference point for judges which helps them to better understand and implement the principles of gender equality and non-discrimination in hearing and trying a case involving women. This study employs juridical-empirical approach method and purposive sampling as the data collection technique in interviewing several judges at multiple religious affairs courts in Java Island, as well as in literature review. The result of this study shows that judges at religious affairs courts have adopted Supreme Court Regulation Number 3 of 2017 (hereinafter, SC Reg. 3/2017), although in their practices, even after four years since the enactment, there still isn’t any consensus or shared views amongst judges in implementing matters such as post-divorce women’s rights, especially regarding verstek (in absentia) judgment. However, several religious affairs court judges have shown a good understanding of equality between men and women, indicated by judgments that favours women. Religious court judges in their ex officio capacity may grant rights to divorced wives, even if they are not requested.
Potential Abuse of Unaccountable Management of One-Person Company in Banking Loan Agreement Budiyono, Budiyono; Sumiyati, Yeti; Suhada, Ahmad Syauqi; Januarita, Ratna; Ali, Syuhaeda Aeni Mat
Kosmik Hukum Vol. 25 No. 2 (2025)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v25i2.25522

Abstract

One of the new legal subjects in Indonesian corporate law based on Law Number 6 of 2023 on the Stipulation of Government Regulation in Lieu of Law Number 2 of 2022 on Job Creation into Law (Job Creation Law) is a One-Person Company (which is then written as OPC), which is a legal entity that meets the criteria of micro and small businesses. This review aims to analyse the management mechanism of an OPC under the Job Creation Law, which is linked to the Principle of Accountability in banking credit agreements. The management mechanism of a One-Person Company under the Job Creation Law is unclear, namely the ambiguity of the definition and functions of the company's organs, which is only centered on one shareholder, concurrently as the organ that runs and supervises the company, so that the management of an OPC becomes unaccountable. The unaccountable management mechanism of an OPC has the potential to abuse the authority of the company's organs. In a banking credit agreement entered into by an OPC, this can occur at the stage of the credit application process and the execution of the credit agreement. At the credit application stage, the absence of a Board of Commissioners in an OPC has the consequence that the decision on the credit application plan is only in the hands of one organ only, namely the shareholder, who is one person, who also doubles as a director of the company through a Shareholders' Resolution. There are no other organs that can be asked for consideration and or approval related to credit applications that are in accordance with the needs of the company. Meanwhile, at the stage of implementing the credit agreement, there is no other organ that carries out the function of supervising the use of credit and the obligation to submit periodic financial reports to the bank, in accordance with the positive/affirmative covenants agreed in the credit agreement.
School Transfer to Support Reintegration of Juveniles Involved in Inappropriate Photo-Sharing Situmeang, Ampuan; Hutauruk, Rufinus Hotmaulana; Alhakim, Abdurrakhman; Febriyani, Emiliya
Kosmik Hukum Vol. 25 No. 2 (2025)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v25i2.25550

Abstract

One the negative usages of digital technology is the sharing of inappropriate photo to someone online. However, as social media users are often the target of doxing, young persons who commit this offense can also be considered victims, leaving them vulnerable to bullying, especially in their own environment, such as school. Using normative legal research method and statutory approach, this research analyzes the potentials of school transfer as a post-criminal proceedings method for juveniles who commit sexual offense in the form of inappropriate photo-sharing, to first get them to an environment safe enough for them to be educated on their mistakes in another school, which is important for their growth. This study identifies normative gaps within the Juvenile Justice, Pornography, and Education Laws that hinder the reintegration of juveniles involved in online sexual offenses, proposing school transfer as a mitigative strategy against bullying and harassment. It emphasizes the need for further research to address implementation challenges, underscoring the importance of a holistic restorative justice approach.
Legal Protection for Workers with Fixed-Term Employment Agreements Before and After the Job Creation Law Hanifah, Ida; Koto, Ismail
Kosmik Hukum Vol. 25 No. 2 (2025)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v25i2.25755

Abstract

Workers perceive that several new provisions regarding Fixed-Term Employment Agreements are detrimental to their rights. According to research findings, an agreement is considered valid if it meets the provisions stipulated in Article 1320 of the Civil Code. The requirements for a valid agreement are regulated in Article 1320 of the Civil Code. Article 1 Paragraph (14) of Law Number 13 of 2003 concerning employment, an employment agreement is: "An agreement between workers/laborers and employers or employers containing work conditions, rights and obligations of the parties." Employment agreements are divided into Fixed-Term Employment agreements and permanent employment agreements. The provisions regarding employment agreements made in writing have been regulated in Article 54, paragraph 1 of Law Number 13 of 2003 on Manpower. The provisions, nature, and type of work for a fixed-term employment agreement can be seen in Article 59. Changes in the duration of Fixed-Term Employment Agreements are regulated in Article 59, Paragraph (4) of the Manpower Law, which states that a Fixed-Term Employment Agreement can be made for a maximum period of two years and may be extended only once for a maximum period of one year. This means that if an employer applies a renewal system, the maximum duration for a Fixed-Term Employment Agreement is four years. However, in Article 81, Number 12 of the Job Creation Law, which amends Article 56 of the Manpower Law, Paragraph (3) stipulates that the employment contract determines the duration of a Fixed-Term Employment Agreement. Article 59 of the Job Creation Law eliminates the specific duration requirement for Fixed-Term Employment Agreements.
The Capability of Artificial Intelligence in Calculating the Losses of Crime Victims Putra, Panca Sarjana; Siagian, Fahrizal S
Kosmik Hukum Vol. 25 No. 2 (2025)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v25i2.25817

Abstract

Crime has been a problem that has occurred since human civilisation existed. Criminal offences continue to experience significant developments, and so do the efforts to overcome them. Criminal offences cause victims physical, mental, and/or economic losses. Victims' losses need to be compensated through restitution. With global developments, the potential use of artificial intelligence to calculate restitution should be maximised The issues in this research are as follows: First, what are the judicial provisions regarding artificial intelligence in the criminal justice system in Indonesia? Second, how does the capability of artificial intelligence in calculating the losses of crime victims compare to that in the United States? This research uses normative juridical research method with a literature study. The result of this research is that the juridical provisions of Artificial Intelligence in the criminal justice system in Indonesia are not specifically regulated in Indonesia, but only explained in general in several national laws and regulations. Further studies on the ability of artificial intelligence to calculate the losses of crime victims are necessary to achieve legal certainty. Artificial intelligence aims to optimize the estimation of victims' losses to ensure their rights are properly fulfilled. The comparative study of artificial intelligence’s capability in loss calculation between Indonesia and the United States should be properly implemented in Indonesia’s criminal justice system. Incorporating artificial intelligence in restitution calculations aims to eliminate errors or inaccuracies in determining restitution amounts, an issue that frequently arises.
Compulsory Education as a Fulfilment of Children’s Right to Education Based on the Principles of Non-Discrimination and the Best Interests of the Child Iman, Candra Hayatul; Apriani, Rani; Marpaung , Devi Siti Hamzah; Arafat, Muhammad Rusli
Kosmik Hukum Vol. 25 No. 2 (2025)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v25i2.25883

Abstract

Education is essential for human development, enabling individuals to cultivate their potential through formal learning processes and other socially recognized means. It serves as a transformative tool that shapes human character and broadens knowledge. This study aims to analyze the implementation of policies related to the fulfillment of children's right to education within the compulsory education program in Dongkal Village, Pedes District, Karawang Regency. The research employs a normative juridical approach, examining the application of legal provisions in practice and their role in addressing legal issues within society. A qualitative research method with a prescriptive analysis approach is utilized to critically evaluate the effectiveness of these policies. This study not only assesses the fulfillment of children's educational rights but also contributes to a broader discourse on sustainable development by integrating legal and socio-economic perspectives. The findings of this research provide valuable insights into the effectiveness of compulsory education policies and their implementation at the local level. Furthermore, this study offers recommendations for policymakers to enhance the legal framework governing compulsory education, ensuring equitable access to quality education for all children. By addressing gaps in policy enforcement and aligning educational initiatives with human rights principles, this research contributes to the development of more inclusive and sustainable education policies in Indonesia.
Regulating Prosecutorial Independence and Impartiality in The Indonesian Criminal Justice System Afandi, Fachrizal
Kosmik Hukum Vol. 25 No. 2 (2025)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v25i2.25981

Abstract

This article examines prosecutorial independence in Indonesia by analyzing three key aspects: the status of prosecutors as civil servants, the constitutional position of the Prosecution Service, and the role of prosecutors in the criminal justice system. It applies an interdisciplinary legal research method by reviewing laws, regulations, and relevant theories. Understanding these aspects helps assess whether the current legal framework adequately protects prosecutors from external influence and recognizes them as independent legal actors, similar to magistrates in other jurisdictions. Prosecutorial independence and impartiality ensure fairness in the criminal justice system. In Indonesia, prosecutors work as civil servants, similar to those in many inquisitorial systems. However, the law does not clearly define their role as magistrates with judicial authority. This legal uncertainty makes them vulnerable to political and hierarchical pressure, which can influence their decisions. A strong legal framework must protect prosecutors from external interference and allow them to act independently, as magistrates do in other systems. The findings highlight a critical issue: the law classifies prosecutors as civil servants but does not formally recognize them as independent legal actors. This gap allows political leaders, superiors, and other parties to interfere in prosecutorial decisions. Without strong legal protection, prosecutors struggle to maintain impartiality. This article argues that lawmakers must formally recognize prosecutors as independent legal actors, similar to magistrates. Legal reforms should strengthen prosecutorial independence and prevent undue influence. A clear legal framework will protect prosecutors, enhance public trust, and uphold justice in Indonesia.
Comparative Study of Judicial Pardon in the Substantive Criminal Law and Criminal Procedure Law of the Netherlands and Indonesia: Note to the Draft Criminal Procedure Code Moeliono, Tristam Pascal; Hardinanto, Aris
Kosmik Hukum Vol. 25 No. 2 (2025)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v25i2.26047

Abstract

The ruling on Rechterlijk Pardon (judicial pardon) or passing sentence of guilt without imposing penal sanction is regulated in Article 54 paragraph (2) of Law No. 1 of 2023 concerning Criminal Code.  On the other hand, various academic drafts of the Criminal Procedure Law, and draft of the Criminal Procedure Law dated March 21, 2023, did not contain a ruling on the same. Meanwhile, the draft of criminal procedure code dated February 17, 2025, March 3, 2025, March 15, 2025, and March 20, 2025 mentions this legal institution only in passing. The legal lacunae resulting from this disharmony consequently make it impossible the passing such a sentence in practice.  Numerous legal academic writings on Judicial Pardon can be found written by Indonesian legal scholars, but none seems to focus on the legal history of this institution using primary legal sources and none of those articles refers to most recent draft criminal procedure code. Moreover, those articles still refer to the old criminal code and criminal procedure code draft.  The method used in this research is legal normative, using statutory approach as well as comparative law. The main argument here is that the ruling about judicial pardon should be added into the draft of the criminal procedure code. With the intent to rectify the existing legal lacunae, this article discusses the above shortcomings and addresses the existing disharmony between criminal law and criminal procedural law and how to fill in the legal gaps. The author's main arguments are, taking in consideration the necessity to harmonize substantive and procedural law, first, that the legislature should synchronize-harmonize internally and externally the academic draft of the draft criminal procedure law and with the existing criminal code. Secondly, in the draft criminal procedure code should be added a ruling making the passing of judicial pardon a possibility. Third, to add a ruling obligating judge who pass such sentences to adequately support his/her decisions with arguments. Lastly, to add another ruling elaborating on for what crimes would judicial pardon be allowed and to what extent such sentences would be eligible to be challenged

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