Kosmik Hukum
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.
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<![CDATA[The Strengthening the Authority of the Public Prosecutor as Dominus Litis an Integrated and Accountable Indonesian Criminal Justice System ]]>
<![CDATA[Henok, Adrianus Herman]]>;
<![CDATA[Panggabean, Mompang Lycurgus]]>;
<![CDATA[Saragi, Paltiada]]>
<![CDATA[ Kosmik Hukum Vol. 26 No. 1 (2026) ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Purwokerto ]]>
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DOI: 10.30595/kosmikhukum.v26i1.26249
<![CDATA[In Indonesia’s criminal justice system, the Prosecutor’s Office holds the primary function as the Dominus Litis (Case Controller), which means the authority to determine whether a case should proceed to the prosecution stage lies entirely with the public prosecutor. As such, the Prosecutor’s Office is a key factor in ensuring the criminal justice process operates effectively, objectively, and in accordance with the principles of due process of law under the Integrated Criminal Justice System (ICJS). The objectives of this research are: (1) to analyses the concept of Dominus Litis in Indonesia’s criminal justice system and compare it with those of other countries, such as France and the Netherlands; and (2) to evaluate the effectiveness of the Prosecutor’s Office as Dominus Litis in Indonesian law enforcement practices, particularly in its relationship with police investigators under the Integrated Criminal Justice System. This research is a literature-based study employing a normative juridical approach with analytical descriptive characteristics. The conclusions of this research are: the Prosecutor’s Office is a key actor ensuring that the criminal justice process operates effectively, objectively, and in accordance with due process of law under the ICJS, and 4 (four) strategies to strengthen the Prosecutor’s role as Dominus Litis such as: enhancing the competency of human resources within the Prosecutor’s Office, strengthening the integrity and independence of the Prosecutor’s Office, strengthening transparency and accountability in the prosecution process and strengthening coordination with other law enforcement agencies.]]>
<![CDATA[The Regulatory Dilemma Between Contraceptive Promotion and Criminal Threats in Indonesia ]]>
<![CDATA[Satriana, I Made Wahyu Chandra]]>;
<![CDATA[Dewi, Ni Made Liana]]>;
<![CDATA[Nuartha, Kadek Ageng]]>;
<![CDATA[Suares, Duarte Tilman]]>
<![CDATA[ Kosmik Hukum Vol. 26 No. 1 (2026) ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Purwokerto ]]>
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DOI: 10.30595/kosmikhukum.v26i1.26789
<![CDATA[Contraceptive devices are important to be socialized to the public to prevent the transmission of dangerous diseases such as HIV and prevent pregnancy to control population growth. Promoting contraceptives can be subject to sanctions under Articles 408 and 410 of the Criminal Code with Category I fines. Therefore, officers experience a dilemma when promoting contraceptives. There is a disharmony of norms (norm conflict) between the Criminal Code and Government Regulation Number 61 of 2014 concerning reproductive health. Based on this, the problem can be formulated, namely: how to regulate actions that promote protection devices from the perspective of Ius Constitutum and how to protect actions that promote contraceptives in the Criminal Code. This type of research is normative legal research, due to the conflict of norms. the results of this research are stated in laws and regulations, including Law Number 52 of 2009 concerning Population Development and Family Development, Government Regulation Number 61 of 2014 concerning reproductive health and in Law Number 1 of 2023 concerning the Criminal Code. This issue is crucial to discuss in order to provide legal protection for contraceptive promotional tools, as the Criminal Code prohibits criminal prosecution because the officer's actions have lost their unlawful nature. This is based on the consideration that their actions, such as demonstrating the contraceptive tools, constituted the fulfillment of a state-mandated duty within the government's population program, and there are grounds for eliminating criminal penalties.]]>
<![CDATA[Inconsistencies in Halal Certification Regulations and Cosmetic Notifications: A Legal Analysis from the Perspectives of Health Law and Consumer Protection ]]>
<![CDATA[Yatini]]>;
<![CDATA[Muna, Izzatul]]>;
<![CDATA[Maharani Putri, Prima]]>
<![CDATA[ Kosmik Hukum Vol. 26 No. 1 (2026) ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Purwokerto ]]>
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DOI: 10.30595/kosmikhukum.v26i1.26939
<![CDATA[Halal certification and cosmetic notification are two essential regulatory regimes within Indonesia's product supervision system. However, overlapping authority between the National Agency of Drug and Food Control (BPOM) and the Halal Product Assurance Organizing Agency (BPJPH) under the Ministry of Religious Affairs has led to regulatory disharmony, resulting in inefficient licensing procedures and legal uncertainty. This study examines the implications of regulatory fragmentation on consumer protection and the right to public health. Using a normative juridical approach and supported by the theories of legal certainty, health law, and consumer protection, the findings indicate that the dualism of the licensing system leads to high transaction costs, delays in product distribution, and a decline in consumer trust in the safety and halal status of products. From the perspective of health law, this disharmony contradicts the principle of the right to health as stipulated in Law No. 17 of 2023. This study proposes a digital-based integrated licensing model for halal certification and cosmetic notification through a single-window system, which may enhance regulatory oversight, improve bureaucratic efficiency, and strengthen consumer protection by ensuring both product safety and the fulfillment of religious values.]]>
<![CDATA[The Integration of Restorative Justice in Indonesia’s Criminal Justice System: Building a Comprehensive Legal Framework ]]>
<![CDATA[Johar, Olivia Anggie]]>;
<![CDATA[Setiadi, Edi]]>
<![CDATA[ Kosmik Hukum Vol. 26 No. 1 (2026) ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Purwokerto ]]>
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DOI: 10.30595/kosmikhukum.v26i1.27385
<![CDATA[The implementation of restorative justice in Indonesia has so far been fragmented, as each subsystem of the criminal justice system has issued its own regulations without comprehensive integration. This study examines the position of restorative justice within the Indonesian legal and criminal justice systems, while also proposing recommendations for its broader and more systematic application. Using a normative legal research method with statute and conceptual approaches, this study analyses secondary data through document review and literature study. The findings indicate that although restorative justice should, in principle, be applicable to all criminal offenses within the Indonesian legal system, its current application in the criminal justice system remains limited to specific cases. The novelty of this study lies in its proposal for an integrated legal framework—either through amendments to the Criminal Procedure Code (KUHAP) and the Criminal Code (KUHP) or through the enactment of a dedicated law—to comprehensively regulate restorative justice mechanisms. This contributes to the ongoing scholarly debate and provides a practical roadmap for legal reform in Indonesia.]]>
<![CDATA[Balancing Independence and Accountability: Reforming Prosecutorial Immunity in Indonesia’s Legal System ]]>
<![CDATA[zuraidah, Zuraidah]]>;
<![CDATA[Setiadi, Edi]]>;
<![CDATA[Rohaeni, Neni]]>;
<![CDATA[Ismail, Noorfajri]]>
<![CDATA[ Kosmik Hukum Vol. 26 No. 1 (2026) ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Purwokerto ]]>
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DOI: 10.30595/kosmikhukum.v26i1.27541
<![CDATA[This research examines the juridical implications of Article 8 paragraph (5) of Law Number 11 of 2021 concerning the Indonesian Attorney General’s Office, which stipulates that any legal action against prosecutors such as summons, detention, search, and interrogation must be approved by the Attorney General. While the provision was originally intended to safeguard institutional independence, its application has raised serious concerns regarding the erosion of the equality before the law principle and the emergence of internal impunity mechanisms. Using a normative juridical approach combined with statutory, conceptual, and case study methods, this study analyses the extent to which Article 8(5) contradicts the principles of a democratic rule of law, particularly due process of law, equality before the law, and institutional accountability. Several high-profile case studies involving prosecutors such as Pinangki Sirna Malasari and Urip Tri Gunawan illustrate the operational obstacles and legal stagnation created by this hierarchical authorization requirement. The study finds that the provision creates structural barriers to justice and fosters unequal treatment under the law. Reformulating Article 8(5) into a notification mechanism rather than a permission system would ensure a more balanced relationship between institutional protection and legal accountability. Significantly, this research contributes to the development of legal thought on prosecutorial reform by offering a normative framework that strengthens equality before the law and provides policy recommendations for enhancing transparency and accountability within Indonesia’s prosecution system.]]>
<![CDATA[The Urgency of Establishing a Special Narcotics Court in Indonesia: A Comparative Study with the United States, Australia and Scotland ]]>
<![CDATA[Amelda Yunita]]>;
<![CDATA[Topo Santoso]]>;
<![CDATA[Firman Muntaqo]]>;
<![CDATA[Ruben Achmad]]>
<![CDATA[ Kosmik Hukum Vol. 26 No. 1 (2026) ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Purwokerto ]]>
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DOI: 10.30595/kosmikhukum.v26i1.28255
<![CDATA[The high number of narcotics crimes every year shows that narcotics crimes, especially narcotics abuse, are a serious threat to the lives of the Indonesian people. The practice of law enforcement against narcotics abusers in Indonesia that prioritizes the imposition of criminal sanctions in prison has proven that the penal approach has failed. The urgency of establishing a Special Narcotics Court to combat narcotics crimes is the primary focus of this article, which draws lessons from the United States, Australia, and Scotland, all of which already have special narcotics courts with various systems. This paper is the result of doctrinal law research using a statutory approach and a comparative approach. Research has found that in the United States and Australia, there are Drug Courts, which are special courts. These courts were established in each state. Meanwhile, Scotland incorporates narcotics handling into the public justice system by using a rehabilitation approach to handling narcotics. The establishment of narcotics courts in Indonesia is critical to be carried out, considering that narcotics abuse can weaken Indonesia's national resilience, and the increasing number of narcotics cases results in overcrowding in correctional institutions. Narcotics crimes also have special characteristics, both in terms of the nature of the crime and the characteristics of the subject of the law, thus further emphasizing the importance of the narcotics court.]]>
<![CDATA[Mens Rea and Causal Nexus in Public Procurement Corruption: Reconstructing Anti-Corruption Frameworks in ASEAN ]]>
<![CDATA[Seroja, Triana Dewi]]>;
<![CDATA[Chansrakaeo, Ruetaitip]]>;
<![CDATA[Febriyani, Emiliya]]>;
<![CDATA[Hutauruk, Rufinus Hotmaulana]]>;
<![CDATA[Alhakim, Abdurrakhman]]>
<![CDATA[ Kosmik Hukum Vol. 26 No. 1 (2026) ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Purwokerto ]]>
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DOI: 10.30595/kosmikhukum.v26i1.28398
<![CDATA[Public procurement corruption is one of the most prevalent forms of corruption, with one of the most dangerous and potentially catastrophic impacts on public interests. Despite the continuous efforts to battle corrupt in Indonesia, Malaysia, and Thailand, the three countries are still haunted by the possibility of public procurement corruption, which can significantly stunt their economic growth and overall prosperity. Employing the normative legal research method, this study aims to assess the legal implications of corruption in public procurement and make a case for the acknowledgement of aggravating factors in the relevant criminalization. For this objective, this study analyzes elements of mens rea and causal nexus in the countries’ relevant anti-corruption frameworks. Analysis conclusively reveals that the three countries are not equipped to tie mens rea and causal nexus due to the lack of distinction between them in the relevant frameworks. The study therefore recommends possible amendment by adding a provision that would enable a dual-layered culpability approach, tying mens rea and the actual evidence of corrupt act to the knowledge of possible harm that the perpetrators have, to potentially build a case for a stronger punishment, or provide better normative foundation for future legal developments with the explicit acknowledgement of the broader harms caused by public procurement corruption. The significance of this study lies in its effort to increase the awareness on corruption, particularly by assessing the impacts of public procurement corruption and the mental state behind it, to ultimately make the legal case for harsher punishments against this enduring crime that has stunted growth in Indonesia, Malaysia, and Thailand]]>
<![CDATA[Integrating Customary Criminal Law into National Criminal Justice Systems: Indonesia and South Africa in a Southern Criminology Perspective ]]>
<![CDATA[Sitompul, Shalih Mangara]]>;
<![CDATA[Khoiruddin, Aldi Rizki]]>;
<![CDATA[Muhammad Rustamaji]]>
<![CDATA[ Kosmik Hukum Vol. 26 No. 1 (2026) ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Purwokerto ]]>
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DOI: 10.30595/kosmikhukum.v26i1.28621
<![CDATA[The urgency of integrating customary criminal law into the national legal system is increasing, especially in countries with legal pluralism such as Indonesia and South Africa. Both countries face challenges in accommodating customary criminal law that is alive and evolving in society, which is often subordinated by the colonial-based national legal system and modernization. This study uses a southern criminology approach based on the thinking of Antonio Gramsci to analyze the hegemony of national law over local law and fight for space for knowledge and legal traditions from the Global South in the criminal justice system. The type of research used is normative comparative legal research with the collection of secondary legal materials in the form of legislation, court decisions, academic literature, and international instruments related to the existence and treatment of customary criminal law. This research utilizes literature study techniques and qualitative analysis of legal documents, as well as a variety of juridical, sociological, and historical approaches combined with Gramscian hegemony analysis. The results of the study show that constitutional recognition in both countries has not resulted in ideal integration; customary criminal law tends to remain marginalized by national regulations and the modern legal system. However, with an integration model that places customary criminal law as part of the restorative justice process and recognition of legal pluralism, the prospects for harmonization are increasingly open towards a more just and inclusive national criminal justice system. This study emphasizes the need to strengthen the position of customary criminal law, political will, and legal education based on southern criminology.]]>
<![CDATA[From Defensive to Cooperative Sovereignty: International Cooperation in Indonesia’s Territorial Boundary Delimitation under International Law ]]>
<![CDATA[Darwis, Muhammad]]>;
<![CDATA[Kastulani, Mohd]]>;
<![CDATA[Hasibuan, Anwar Saleh]]>;
<![CDATA[Maruf, Maruf]]>
<![CDATA[ Kosmik Hukum Vol. 26 No. 1 (2026) ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Purwokerto ]]>
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DOI: 10.30595/kosmikhukum.v26i1.28692
<![CDATA[This study analyses the paradigm shift in the regulation of territorial boundaries and jurisdiction of the Unitary State of the Republic of Indonesia as stipulated in Law No. 43 of 2008 on State Territory. The study focuses on Articles 2, 3, 5, and 14–18 with an International Cooperation approach, which emphasises the importance of shifting from defensive sovereignty to collaborative sovereignty in state border governance. Normatively, this study uses a doctrinal legal analysis method with a conceptual and comparative approach to the principles of international law, particularly the United Nations Convention on the Law of the Sea (UNCLOS). The results of the study indicate that the norms in Law No. 43 of 2008 need to be transformed from an administrative paradigm to a diplomatic-integrative paradigm. The management of state borders not only serves to maintain territorial integrity but also strengthens Indonesia's position as a norm entrepreneur in border diplomacy and regional maritime cooperation. This paradigm shift places international cooperation, mutual benefits, and the principle of equity as the new foundation for the formulation and implementation of state territorial boundary policies. Thus, the concept of state territorial regulation shifts from a closed sovereignty approach to an open, cooperative sovereignty, in line with Indonesia's free and active foreign policy.]]>
<![CDATA[Legal Pluralism based on World Policy Hybridization: A Comparison of Malaysian and Iranian Asset Forfeiture ]]>
<![CDATA[Prasetya, Muhammad Djaelani]]>;
<![CDATA[Ilyas, Amir]]>;
<![CDATA[Arifin, Arnita Pratiwi]]>;
<![CDATA[Fuady, Muhammad Ikram Nur]]>;
<![CDATA[Saeedi, Yasin]]>
<![CDATA[ Kosmik Hukum Vol. 26 No. 1 (2026) ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Purwokerto ]]>
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DOI: 10.30595/kosmikhukum.v26i1.28698
<![CDATA[Asset forfeiture has developed into a global policy adopted by various countries as an instrument of corruption eradication. The United States and Australia already have asset forfeiture programs, as do countries in Asia. The direction is to strengthen the state to fight corrupt behaviors. This study analyzes the development of the contemporary criminalization of corruptors through a doctrinal comparative study of asset forfeiture policies in Iran and Malaysia. The results of the study showed that both countries adopted the policies of the United Nations Convention Against Corruption (UNCAC) and the recommendations of the Financial Action Task Force (FATF). Malaysia retains the influence of the British legal system with adjustments to customary law, while Iran implements a more revolutionary model through the practice of expanding sharia-based confiscation. In the Indonesian context, normative and institutional obstacles remain challenges, but implementation opportunities are open through the passage of the Asset Forfeiture Bill. This study recommends that the Bill regulate policies, mechanism models, proof, institutional, execution, and penal-non-penal practices, including the implementation of expanding confiscation. Thus, Indonesia can strengthen its anti-corruption regime through asset forfeiture instruments that are in line with international standards, the practices of other countries, and Indonesia's needs.]]>
