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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 9 Documents
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Search results for , issue "Vol. 26 No. 2 (2026)" : 9 Documents clear
The Language Strategy of Power in the Separation of Case Files through the Concept of the Truth Game Marbun, Rocky; Sandiana, Erli; Sari, Dellia Rahma
Kosmik Hukum Vol. 26 No. 2 (2026)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v26i2.26990

Abstract

The Criminal Procedure Code provides juridical rights based on the principle of functional differentiation, to the Public Prosecution Service of the Republic of Indonesia to make internal rules that will be implemented by the Public Prosecutor in the trial process of criminal cases. One of the authorities that is technically regulated by the Public Prosecutor's Office is the splitting of case files that contain elements of participation. This legal action is used to obtain witness testimony by confronting the Defendants. This article aims to show the violation of procedural law committed by the Public Prosecutor through its artificial authority in prosecuting criminal cases. The method used is a legal research method with a Trichotomy Relation Approach, namely the concept of Truth-Games based on secondary data. The result is that the Public Prosecutor utilizes internal rules as true knowledge in the form of written language and an Indictment to separate case files. The purpose of this legal action, was so that each defendant provide incriminating testimony against the other, under the shadows of criminal threats if they gave false testimony or refused to testify. Thus, this legal action is a violation of the principle of non-self-incrimination.
The Principle of Legality at the Crossroad: State Loss as a Requirement for Corruption Suspect Designation in Indonesia Maulana, Aby
Kosmik Hukum Vol. 26 No. 2 (2026)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v26i2.27926

Abstract

The principle of legality (nullum crimen sine lege, nulla poena sine lege) stands as a foundational safeguard within contemporary criminal justice, ensuring legal certainty, predictability, and protection against arbitrary state action. In Indonesia, it is codified in Article 1(1) of the Penal Code (KUHP) and procedurally reinforced by the Criminal Procedure Code (KUHAP). Its doctrinal trajectory, however, shifted markedly after Constitutional Court Decision No. 25/PUU-XIV/2016, and Constitutional Court Decision No. 28/PUU-XXIV/2026 which annulled the phrase “may cause” in Article 2(1) of the Anti-Corruption Law. This ruling reclassified corruption from a formal offense to a material offense, thereby requiring proof of actual and quantifiable state financial loss. While this development enhances legal certainty and provides stronger protection against speculative or politically driven prosecutions, it simultaneously creates significant enforcement challenges. Establishing state financial loss necessitates protracted audit processes by institutions such as the Audit Board of Indonesia (BPK) or the Financial and Development Supervisory Agency (BPKP). Moreover, corruption produces diffuse, non-pecuniary harms—including diminished public trust, market distortions, and weakened democratic governance—that elude monetary quantification. Comparative analysis underscores divergent approaches. Civil law jurisdictions such as Germany and the Netherlands recognize the necessity of harm yet permit provisional measures prior to final quantification. Conversely, common law systems, including the United States and the United Kingdom, criminalize corrupt conduct irrespective of measurable loss, as exemplified by the FCPA and the Bribery Act 2010. International conventions (UNCAC, OECD Anti-Bribery Convention) similarly advocate flexible approaches that reconcile legal certainty with enforcement effectiveness. This research advances a two-tiered evidentiary framework: suspect designation should be permissible upon credible indications of corrupt conduct supported by provisional evidence of harm, with precise quantification deferred to trial. Such a model preserves the constitutional demand of legality while ensuring the practical efficacy of anti-corruption enforcement.
Critique of Judicial Scrutiny in the Restorative Justice Mechanism of the Draft Criminal Procedure Code Prahassacitta, Vidya; Faraswati, Mega Ayu
Kosmik Hukum Vol. 26 No. 2 (2026)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v26i2.28695

Abstract

The article’s novelty serves critical analysis on the current legislative process concerning the restorative justice mechanism in the Draft Criminal Procedure Code that published in June 2025. The draft stipulates a restorative justice mechanism as a means of criminal case resolution outside of the courtroom. It requires critical evaluation because it undermines the central role of the judge which conducting checks and balances through Judicial Scrutiny over the processes carried out by other institutions, particularly the Police and the Prosecutor's Office. This study is aimed at answering the question: How should the restorative justice mechanism within the inquisitorial system be structured to provide protection for human rights? To address this question, we analysis using inquisitorial model system, and employ a comparative law approach to the Netherlands. The findings of this study indicate that the challenge of implementing a restorative justice mechanism in diverse social, cultural, economic and political contexts like Indonesia. The restorative justice can achieve the objective only if it is detached from the factor of power exercised by law enforcement officials. There is a necessity for professional mediators to fulfill the role of achieving consensus between the victim and the offender. The involvement of the Police and the Prosecutor is required in the initial stages to encourage the commencement of the restorative justice mechanism. However, the judge's role must be central; not only to formulize the agreement, but also actively assess, evaluate the execution of that agreement and even reopen the case should the agreement not be fulfilled.
Bridging the Participation Gap in Systematic Land Registration: Evaluating Legal Policy Implementation and Community Collaboration in Rural Indonesia for the Realization of Agrarian Reform Handayani, Sri Wahyu; Kunarti, Siti; Alwan, Muhammad Dzaki; Alawiya, Nayla
Kosmik Hukum Vol. 26 No. 2 (2026)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v26i2.28860

Abstract

This study aims to analyze the implementation of the Community-Based Comprehensive Systematic Land Registration (PTSL+PM) policy and to evaluate the level of community participation in rural Indonesia.This study employs a mixed-methods approach with a socio-legal perspective integrating qualitative and quantitative analyses. Data were collected through field observations, in-depth interviews, Focus Group Discussions (FGDs), and questionnaires administered to 97 respondents in Samudra Kulon Village.Analysis was conducted using a theoretical framework of community participation and legal implementation to assess participation levels and policy effectiveness.The findings indicate that the implementation of the PTSL+PM program has proceeded in accordance with established procedures during the planning stage but has not been optimal during the physical and legal data collection stages due to technical and social constraints.The level of community participation falls into the high category, with an index of 2.81, reflecting a collaborative pattern between the government and the community.Nevertheless, this participation remains largely procedural and is not yet fully substantive, indicating the presence of a participation gap. This study concludes that the success of land registration policy implementation is determined not only by the regulatory framework but also by the quality of community participation and the associated social dynamics. Therefore, strengthening participatory mechanisms, enhancing the capacity of local institutions, and improving policy communication are necessary to increase the effectiveness of the PTSL program.
State Accountability and the Problem of Citizen Lawsuit Execution Triwanto, Triwanto; Wulakada, Imam Al Ghozali Hide
Kosmik Hukum Vol. 26 No. 2 (2026)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v26i2.29553

Abstract

This article examines state accountability and the weak execution of Citizen Lawsuit decisions in Indonesia’s public service context. Using a normative juridical method with statutory, conceptual, and comparative approaches, the study analyzes constitutional and legislative obligations regarding public services and road infrastructure, as well as their enforcement through Citizen Lawsuits. The findings show structural and normative problems: ambiguity of legal forum (civil or administrative courts), absence of clear execution norms, and predominantly declaratory judgments without coercive mechanisms. These weaknesses create a gap between formal recognition of state negligence and the actual restoration of citizens’ rights. Comparative insights from the United States, India, and theoretical discussions on the rule of law and anti-corruption indicate that effective enforcement design is crucial to strengthening public trust and accountability. The article proposes reform of legal norms, procedures, and institutional coordination to ensure that Citizen Lawsuit decisions are executable and provide substantive protection.
Foreign Investment in Agricultural Land and Legal Protection of Local Farmers (A Comparative Study between Indonesia and Thailand) Amiludin, Amiludin; Suhadi, Suhadi; Wahanisa, Rofi
Kosmik Hukum Vol. 26 No. 2 (2026)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v26i2.29713

Abstract

This study examines the ownership and control of agricultural land by foreign investors in Indonesia and Thailand, an issue closely related to agrarian sovereignty and the protection of local farmers. The research is motivated by pressures from globalization and economic liberalization, which encourage foreign investment but risk the dominance of capital over agricultural land. The objectives are to analyze the legal framework, mechanisms for farmer protection, regulatory differences between the two countries, and implementation challenges. The research questions focus on how the law regulates foreign land ownership, the legal protection available for farmers, and the key differences between Indonesia and Thailand. This study uses a normative juridical approach with comparative legal analysis, relying on primary, secondary, and tertiary legal sources, and is analyzed qualitatively. Findings indicate that Indonesia restricts foreign ownership through limited rights and domestic legal entities, yet weak enforcement, fragmented oversight, and nominee arrangements allow de facto control by foreign investors. Thailand enforces stricter restrictions, effective corporate oversight, and limited-use rights for farmers, ensuring stronger legal protection. Policy recommendations include comprehensive agrarian law reform, establishment of cross-sector coordinating institutions, strengthened investment supervision, and mandatory application of Free, Prior, and Informed Consent (FPIC) to protect farmers. The study contributes academically to comparative agrarian law research and provides normative guidance for policymakers.
Reconstructing Electoral Law Policy to Strengthen the Prevention and Enforcement of Money Politics in Indonesia Istiqomah, Milda; Rusli, Hazmi; Agustin, Bunga Veronika Milania; Kurniawan, Heru
Kosmik Hukum Vol. 26 No. 2 (2026)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v26i2.30250

Abstract

Elections constitute a fundamental manifestation of democracy, serving as a crucial mechanism connecting candidates and voters. However, electoral contests continue to be undermined by violations, particularly money politics and political dowries. Article 228 explicitly prohibits the giving and receiving of political dowries in the nomination of presidential and vice-presidential candidates, yet the practice of vote-buying through money or goods persists and has increasingly become embedded as a political culture. This phenomenon threatens democratic integrity, weakens clean governance, and undermines the realization of fair elections. This study examines campaign finance regulation as a preventive legal policy against money politics practices. Employing a normative juridical research method, the study relies on primary and secondary legal materials through a statute approach and a comparative approach. The statute approach is conducted by analyzing the regulatory framework governing campaign finance, criminal provisions, and law enforcement mechanisms related to electoral violations. Meanwhile, the comparative approach is carried out through a micro-level examination of campaign finance limitation policies in the United States in order to construct a preventive model applicable within the Indonesian context. Using deductive legal reasoning and legal syllogism, the research positions legal norms as the major premise and correlates them with relevant legal facts to formulate conclusions. The findings indicate that limiting campaign funds serves as a strategic instrument to reduce excessive monetary influence in politics. Strengthening contribution limits, transparency mechanisms, and law enforcement is therefore essential to prevent money politics and safeguard electoral integrity and democratic accountability.
Bali’s Customary Criminal Justice System and the Draft Criminal Procedure Code in the Context of National Legal Harmonization in Indonesia Candra, Septa; Prakarsa, Aliyth; Nur, Rafi Dwi Fathurahman
Kosmik Hukum Vol. 26 No. 2 (2026)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v26i2.30670

Abstract

Customary criminal justice in Bali is a form of dispute resolution based on local values that has long existed in society, but its existence faces serious challenges in the process of harmonization with the national legal system, particularly in the context of the Draft Criminal Procedure Code (RKUHAP). This study aims to examine the position and role of Balinese customary justice within the framework of the RKUHAP and to assess the extent to which customary justice can be integrated without eliminating local legal identity. The method used is a juridical-normative with a conceptual and legislative approach, and is complemented by a juridical-comparative analysis of the provisions in the Balinese Customary Court, the National Criminal Code and the RKUHAP. The results of the study indicate that although there is recognition of customary law in legislation, the position of customary justice is still subordinate and has not received strong institutional guarantees in the RKUHAP. Legal harmonization requires more affirmative regulations for customary justice so that its existence is not merely symbolic. Therefore, a legal formulation is needed that can accommodate customary justice as an integral part of the national criminal justice system, based on the principles of restorative justice and legal diversity. This study recommends that the Criminal Procedure Code (RKUHAP) explicitly regulate the mechanisms and limits of customary justice authority, as well as provide equal formal recognition for its role in resolving community-based criminal cases.
Malpractice during the Covid-19 Pandemic in Indonesia from a Medico Legal Perspective Akhyar, Adil; Sofian, Ahmad
Kosmik Hukum Vol. 26 No. 2 (2026)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v26i2.30676

Abstract

This article examines malpractice cases during the Covid-19 pandemic in Indonesia from a medico-legal perspective, with particular attention to the problem of causality in determining legal liability. The study employs a qualitative legal review supported by empirical case materials, statutory analysis, medico-legal literature, and relevant scholarly studies. Using a meta-synthesis approach, the article identifies how emergency health conditions, limited resources, rapidly changing medical protocols, and institutional responses during the pandemic created complex causal relationships between medical conduct, patient harm, and legal responsibility. The findings indicate that several malpractice-related incidents during the pandemic involved overlapping dimensions of criminal, civil, ethical, and administrative violations, particularly in patient treatment and the evacuation of bodies of Covid-19 patients by task force officers and medical personnel. The study argues that these cases reveal a condition of causal uncertainty, in which conventional civil liability doctrines face difficulties in proving a direct causal link between wrongful conduct and damage. Accordingly, this article proposes that Indonesian civil law should develop a more refined framework for tort liability in cases involving uncertain causation, including the possible recognition of proportional liability or causal probability-based responsibility. This refinement is essential to ensure legal protection for patients and families while maintaining fairness for medical professionals operating under public health emergency conditions.

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