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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 243 Documents
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IMPLEMENTASI MEDIASI DALAM PENYELESAIAN SENGKETA PERBANKAN SYARIAH DI PENGADILAN AGAMA PURBALINGGA Susilo Wardani
Kosmik Hukum Vol 13, No 2 (2013)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v13i2.757

Abstract

Maraknya kegiatan bisnis termasuk ekonomi syariah, tidak mungkin dihindari sengketa (dispute/diference) antara pihak yang terlibat, baik antara pelaku bisnis (perusahaan) satu dengan pelaku bisnis (perusahaan) yang lain atau antara pelaku bisnis (perusahaan) dengan konsumennya. Pada asasnya penyelesaian sengketa di pengadilan terumuskan secara rapi dan formal dengan asas cepat, sederhana dan biaya murah serta dapat memberikan akses yang lebih besar kepada para pihak menemukan penyelesaian yang memuaskan dan memenuhi rasa keadilan. Bahwa pengintegrasian mediasi ke dalam proses beracara di pengadilan dapat menjadi salah satu instrumen efektif mengatasi masalah penumpukan perkara di pengadilan serta memperkuat dan memaksimalkan fungsi Kata Kunci : Mediasi, Penyelesaian Sengketa
Penegakan Hukum Pidana Indonesia dalam Penyelesaian Pelanggaran Hak Asasi Manusia Laras Astuti
Kosmik Hukum Vol 16, No 2 (2016)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v16i2.1955

Abstract

Hak Asasi Manusia merupakan hak yang diakui dan dijunjung tinggi di seluruh dunia, sehingga Hak Asasi Manusia sangat dilindungi dan diatur dalam peraturan serta diperhatikan pelaksanaannya. Meskipun telah diatur ternyata pelaksanaan Hak Asasi Manusia masih meninggalkan luka yang mendalam terutama terhadap korban dari pelanggaran Hak Asasi Manusia. Banyaknya kasus yang kemudian menyeruak terkait pelanggaran Hak Asasi Manusia menjadi perhatian tersendiri di kalangan masyarakat secara luas. Penegakan hukum pidana di Indonesia kemudian diperlukan untuk menyelesaikan pelanggaran Hak Asasi Manusia.  Kata kunci : Hak Asasi Manusia, Penyelesaian, Pelanggaran
Hubungan Kewenangan Pusat dan Daerah dalam Penyelenggaraan Otonomi Daerah Di Bidang Pendidikan Berdasarkan Undang-Undang Nomor 23 Tahun 2014 Tentang Pemerintahan Daerah Danetta Leoni Andrea
Kosmik Hukum Vol 20, No 2 (2020)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v20i2.7156

Abstract

The existence of the autonomous region gave birth to the relationship of authority between the Central Government with the regions. In this case, the relationship between the central authorities and the region will be discussed by the author is more specialize into the relationship of the authority in the field of education. Given that national education systems have an important role in feeding the nation of Indonesia considering also that at this time has entered the era of globalization, then the necessary higher education human resources capable of generating Indonesia quality in order to compete internationally. The existence of a connection between the central area can be seen from the governmental Affairs Division in the field of education which includes the management of education, curriculum, accreditation, educators and educational personnel, licensing education, as well as in terms of discussion and literature. As for the research methods used by the author is the juridical normative research, where the source of the data used is to use instrument-legal instruments related to local governance and National education systems as well as by using the results of the study of librarianship.Keywords: Education, The Relationship Of Authority, Regional Autonomy, Central Government, Regional Government.
Analisis Penyelesaian Sengketa Pemilihan Kepala Desa di Indonesia Adhi Putra Satria
Kosmik Hukum Vol 20, No 1 (2020)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v20i1.6991

Abstract

This study aims to provide knowledge about how to resolve village head election disputes in Indonesia after the issuance of Law No. 6 of 2014 concerning Villages. This research is qualitative research with a normative juridical approach. This research will focus on the discussion of how to resolve election disputes for Village Heads in Indonesia after the issuance of Law No. 6 of 2014, and how problems arise due to the settlement of disputes over the results of the Village Head election after the issuance of Law No. 6 of 2014. The results show that Law No. 6/2014 has mandated that the settlement of Village Head election disputes that are settled by the Regent / Mayor is no later than 30 days after the determination of the Village Head candidate elected by the Village Head election committee, however in its implementation there are still problems, these problems can be seen from not regulating changes and settling disputes over the results of the Village Head election. In addition, the problem with the authority given to the Regent / Mayor to resolve disputes over the results of the Village Head election is when the Regent / Mayor is a state institution that has the power of the state in the executive, not the judiciary, the Regent / Mayor is also a product of political parties, so that the authority is given It is feared that the authority to implement disputes over the results of the Village Head election will not be objective. The conclusion of this research is to form a special judicial institution for disputes over the results of village head elections.Keywords: Labor Social Security, Parking Attendants, Department of Transportation
Tanggung Jawab Jabatan dan Tanggung Jawab Pribadi Dalam Penggunaan Diskresi Adam Setiawan; Nehru Asyikin
Kosmik Hukum Vol 20, No 1 (2020)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v20i1.6324

Abstract

Discretion is part of the authority to act freely by government officials to ensure the implementation of public services. However, the discretionary arrangement attached to a position when it must be immediately acted without a written law creates a conflict regarding the government must be based on law. On the other hand, the need for discretion becomes a polemic regarding occupational responsibility and personal responsibility in the use of discretion whose parameters sometimes cause harm to society. The results of this research are of interest that the implications of using official diskettes for public services will cause harm to the state and society. The use of discretion is used as a tool for personal gain and authority which results in violating statutory regulations, contrary to legal principles, acts against the law, and AAUPB.Keywords: discretion, job responsibility, personal responsibility
Pemenuhan Hak Politik Penyandang Disabilitas Mental dalam Pemilihan Umum Rizkon Maulana; Indriati Amarini; Ika Ariani Kartini
Kosmik Hukum Vol 19, No 2 (2019)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v19i2.8219

Abstract

The fulfillment of political rights for persons with mental disabilities in general elections has not been running as it should be. Pros and cons arise when collecting data on citizens who have the right to vote at the time of general elections. This research analyzes how the fulfillment of the political rights of persons with mental disabilities in legislation and the obstacles experienced in fulfilling the political rights of persons with mental disabilities. This research is a normative juridical study using secondary data as the main data, namely books, journals, research results, and legislation. Secondary data were analyzed normatively qualitative. The results showed that the political rights of persons with disabilities, including persons with mental disabilities, are a component of human rights that must be fulfilled in a democratic country. The fulfillment of the political rights of persons with disabilities is generally based on Law Number 8 of 2016, namely Article 13 which stipulates that persons with disabilities have the political right to vote and be elected in public office. These rights are important to be respected, protected and fulfilled in order to achieve justice for eliminating political discrimination against persons with disabilities. As for the obstacles experienced in fulfilling the political rights of persons with mental disabilities, namely the difficulty in conveying socialization materials to persons with mental disabilities and the level of voter participation among persons with mental disabilities is still low.Keywords: Political Rights, General Election, Mental Disability
Mediasi Pertanahan sebagai Model Alternatif Penyelesaian Sengketa Hak Ulayat Antara Masyarakat Adat Desa Eti dengan Pemerintah di Kabupaten Seram Bagian Barat Provinsi Maluku La Ode Angga; Barzah Latupono
Kosmik Hukum Vol 20, No 2 (2020)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v20i2.7541

Abstract

This study has long term goals, namely to find a model of dispute resolution of the Indigenous People of the Village of Eti with the Government in the West Seram (SBB). The method of approach used in this research is sociological juridical descriptive qualitative analysis. This study seeks to illustrate what happened in the Eti Indigenous community with the government around the conflict that occurred at the location of this study, namely the West Seram District (SBB). Data collection techniques used in this study are: Interviews, questionnaires and literature studies. Land mediation as an alternative model of dispute resolution between the people of Desa Eti and the SBB government in the following stages; first the team conducted a Dialogue, the Dialok was done well to the people of the Desa Eti with the government involved in a customary land dispute. This is done by the team to find out the desires of the parties in resolving the existing conflict. The second step is to negotiate the two parties involved in land conflicts. This is important in the context of the negotiation process between the two parties to the conflict in the land conflict both from the representatives of the two villages of Eti with the government with the aim of finding mutually beneficial solutions to each other so that both can be open and no one feels disadvantaged, negotiations in a place agreed by both parties. The third step is the team conducting Land Mediation. Mediation was carried out by both parties with the assistance of the team. The method used in this mediation is to resolve this conflict by mediating between the two groups involved in the conflict through the assistance of a neutral third party. The mediator who acts as the mediator has the task of explaining the process and helping both parties to resolve the conflict with the mediation stages prepared by the team. The fourth step is Peace Building (an attempt to restore conditions). We have carried out this effort with the aim of restoring the destructive state caused by violence in the conflict by building bridges of communication between the parties involved in the conflict between the people of Desa Eti and the government. And the fifth rarity is the follow-up supervision stage of the agreement that has been mutually agreed.Keywords: Mediation of Land, Settlement of Disputes, Land Rights
Analisis Yuridis terhadap Kasus Gugatan Perbuatan Melawan Hukum atas Ketidakabsahan Peralihan Hak Milik Benda Bergerak (Studi Kasus Putusan Mahkamah Agung Nomor 1081/K/PDT/2018) Fathalya Laksana
Kosmik Hukum Vol 20, No 1 (2020)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v20i1.6433

Abstract

The legal requirements are regulated in Article 1320 of the Civil Code (KUHPerdata). If the valid conditions of the promise are not fulfilled, then the law that results is that the agreement can be canceled or null and void. In the Court's practice contained in the Supreme Decision Number 1081K / PDT / 2018, there was a sale and purchase agreement between the Plaintiff's husband and the Defendant, the sale and purchase agreement was made by the Plaintiff's partner without the consent of the Plaintiff as his legal wife. Supreme Court Decision No. 1081K / PDT / 2018 stated that the sale and purchase agreement was invalid and null and void. Apart from that, in its decision, the Defendant's UN Supreme Court had committed an illegal act. The research method used is a normative juridical approach using secondary data obtained from literature studies, namely statutory regulations, legal theories, and the opinions of leading legal scholars. This research uses descriptive analytical research specifications that describe the regulations that are in accordance with legal theories that oversee the implementation practices of the problems under study. The data analysis method used is qualitative normative method. Based on the research results, it can be denied that the sale and purchase agreement in the Supreme Court Decision Number 1081K / PDT / 2018 is not legally valid. The agreement does not fulfill the validity requirements of the agreement in Article 1320 of the Civil Code, namely halal skills and causes because it violates Article 36 paragraph (2) of the Marriage Law No. 1 of 1974 resulting in the sale and purchase agreement to be null and void.Keywords: Buying and Selling, Acts against the Law, Agreement, Marriage, Collective Property
Perlindungan Konsumen atas Penggunaan Bahan Tambahan Pangan pada Makanan dan Minuman Hanari Fajarini; Anggray Duvita Wahyani
Kosmik Hukum Vol 20, No 2 (2020)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v20i2.6883

Abstract

Food circulation that does not meet health standards is generally caused by the desire of producers to get the maximum profit by neglecting consumer safety. Lack of legal protection for consumers results in consumers in a weak position. The purpose of this study was to determine how the legal protection of consumers for the use of food additives. The method or approach used in this research is sociological with a qualitative paradigm, in which sociology is an approach with the aim of studying and examining the existence of a phenomenon of reciprocal relations between law and other social institutions in which law is not conceptualized as a form of independent (autonomous) normative symptoms. , but as a social institution which is related significantly to other variables. The results showed that 80% of business operators use synthetic dyes, while only 20% of business operators use natural dyes. Meanwhile, the results of interviews with consumers showed that 63.33% of the consumer's benchmark in choosing food was food with a more striking color, while 36.67% of consumers chose food that had no striking color. The results showed that to protect consumers from the use of food additives, there are several efforts that can be made, namely supervision, guidance and consumer education. The conclusion of this research is to realize legal protection for consumers, every food product is required to meet food safety and quality standards, as regulated in Article 111 of the Law on Health.Keywords: food, food additives, consumer protection
Optimalisasi Pengawasan Perizinan dan Perpanjangan Trayek Angkutan Kota (Studi di Kabupaten Banjarnegara) Krisna Pramesti Putra; Indriati Amarini; Ika Ariani Kartini
Kosmik Hukum Vol 19, No 2 (2019)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v19i2.8218

Abstract

Municipal transportation means of transportation are required to have a route permit and are obliged to extend route permits that have expired. The issuance of route permits and extension of route permits is carried out by the Transportation Agency. This research is normative juridical research. The data used is secondary data sourced from books, research reports, scientific journals, and legislation. Interviews were conducted to add secondary data. The results showed that many city transportations have not extended their route permits. The Banjarnegara Regency Transportation Office as a service provider carries out supervision, provides guidance/socialization as well as evaluations and reports. The obstacles faced in the supervision are the lack of operational implementation and the attitude of city transport owners who have not routinely extended route permits. Optimization from the Banjarnegara Regency Transportation Office in the form of increased guidance for vehicle owners, coordination with police agencies in law enforcement against violations of route permits. Evaluation is needed in the form of ease of granting route permits and the apparatus' assertiveness against violators of route permits.Keywords: Supervision, Route Permit, City Transportation 

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