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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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Parpol, Pemilu dan Demokrasi: Dinamika Partai Politik dalam Sistem Pemilihan Umum di Indonesia Perspektif Demokrasi Udiyo Basuki
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.v20i2.8321

Abstract

In a democratic country the relationship between the state and the people must be a reflection of a mutualistic symbiosis. This means that these relationships must be mutually dependent and mutually beneficial. This relationship will be evident when the political system developed by a country provides sufficient space for political activities in the community. This space for political activity will give color to democratic life in a country. The principle of democracy and people's sovereignty requires people's participation in the life of the state administration. People or citizens are not only objects, but subjects and play an important role in the life of the state. For this reason, the existence of a representative institution is an absolute that must be fulfilled in a democratic country with people's sovereignty. According to modern democracy, political parties, general elections and representative institutions are three institutions that cannot be separated from one another. That every political party will always strive to gain large popular support during general elections so that the representative institution can be dominated by the political party concerned.Keywords: political parties, general elections, democracy.
Tanggung Jawab Notaris terhadap Ketidaksesuaian Akta Salinan Dengan Minuta Akta Tyas Fidelia; Yoefanca Halim; Fricky Soedewo
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.v20i1.5410

Abstract

Notary is a public official who has the authority to make authentic deeds and has other powers as referred to in this Law or based on other laws, as described in Article 1 number 1 of the Law on the Position of Notary Public. In carrying out his position, a Notary is required to act trustworthy, honest, thorough, independent, impartial, and safeguarding the interests of the parties concerned as well as making a Deed in the form of a Minute Deed. In addition, a Notary is required to issue a Grosse Akta, a Copy of the Deed, or a Quotation of the Deed based on the Minuta Deed. These matters are regulated in Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning the Position of Notary Public. By looking at these provisions, it is fitting for a Notary to carry out his obligations. But in reality, you can still find Notaries who do not carry out the obligations as stipulated in the Law on Notary Position. Starting from negligence in maintaining the Minuta Akta to differences between the Deed of Copy and the Minuta Akta. Of course, the difference between the Deed of Copy and the Minuta of the Deed will give losses to the parties who entered into an agreement. Regarding the responsibilities of a Notary Public, in general, it can be reviewed on a civil, criminal basis, the Law on the Position of Notary Public, and the responsibility for carrying out his / her duties based on the Notary's code of ethics. By looking at this raises a problem regarding, "What is the responsibility of the Notary for the non-conformity of the Copy Deed with the Minuta Deed?". The method used in this research is a normative or juridical legal research method.Keywords: Notary, Deed, and Notary Responsibilities
Data Identification of Cirebon Batik West Java Source of Strength Geographical Indication Komarudin Kudiya; Miranda Risang Ayu
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.v20i2.6954

Abstract

In the history of batik in Indonesia, We used to know that batik is identified with Javanese culture. In addition, the use of batik cloth is limited to the royal court with a variety of very strict rules. But in its development, batik is no longer owned by Javanese, batik has now become one of the "national clothes" of Indonesia that is used by Indonesians throughout the archipelago on various occasions. In West Java batik has grown and developed in 27 regencies/cities spread from the eastern part of the Cirebon district to the western of West Java, Depok. There are potential characteristics and excellences from each region in West Java that people could not find in other regions. The uniqueness and characteristics of batik in certain area are part of the protection system of geographical indications that identify an area of the country, as the origin region of the product, where the reputation, quality and characteristics of related products are largely determined by geographical factors in the region. The need for a complete and accurate identification in the protection of Geographical Indications is very important considering batik products in West Java have enormous potential that can be protected as part of Geographical Indications (IG) which can be used as marketing tools in the world of commerce, both at the national and international level.Keywords: Cirebon Batik, Geographical Indication, Identification
Peran Badan Pengawas Obat dan Makanan terhadap Peredaran Obat Tradisional yang Mengandung Bahan Kimia Obat Berbahaya dalam Perlindungan Konsumen Imam Cahyono; Marsitiningsih Marsitiningsih; Selamat Widodo
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.v19i2.8216

Abstract

 The role of the Food and Drug Supervisory Agency (BPOM) in carrying out its duties, functions and authority is solely to protect the rights of every consumer. The supervision carried out by BPOM is Pre-Market (preliminary supervision carried out before a product is circulated in the community) and Post Market supervision (supervision carried out after the product is circulated in the community). The supervision that has been carried out is still not running optimally and it is not possible to know the distribution of traditional medicinal products containing medicinal chemicals. The purpose of this study was to determine the role of the Food and Drug Administration in dealing with the distribution of traditional medicines containing chemicals. This research is a normative juridical research by obtaining data from books, journals, research results and related laws and regulations. The results of the study show various statutory regulations, government regulations and regional regulations. In order to supervise the distribution of traditional medicines containing medicinal chemicals, the food and drug supervisory agency should be tightened and carry out routine checks in every district or city.Keywords: Food and Drug Supervisory Agency (BPOM), Traditional Medicine, Medicinal Chemistry
Peran Teori Keadulatan Tuhan pada Perang Kediri dan Tumapel pada Pembentukan Hukum di Indonesia Sarip Sarip
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.v20i2.7477

Abstract

The sovereignty of God in the state administration of the Kingdom of Indonesia can be seen from the words of Ken Arok attacking the kingdom of Kediri, "O Pastors who adhere to Shiva and Buddhism. Please bless me to have the title Bhatara Guru ”. The study of God's sovereignty can be clearly seen from the history of Ken Arok, who was the king of Tumapel, who succeeded in using God's sovereignty to gain power over Kediri. So the question is the extent to which the existence of the struggle for God's sovereignty in Indonesia which underlies divine values. Ken Arok as the ruler of Tumapel who is a subordinate of Kediri has committed an offense of royal state order. What was done by Ken Arok in terms of International Law as "belligerent". Ken Arok's movement to gain power by committing offenses on the state administration of the kingdom, legalized by the laws of the royal state at that time, as well as international law today. In addition to evidence of the theory of God's sovereignty which was applied by Ken Arok to strengthen his power, in modern times too, the theory of God's sovereignty was practiced by Soekarno during the Old Order. As proof of the theory of God's Sovereignty during the Soekarno era came from the minister of religion of the Republic of Indonesia who at that time was held by Wahid Hasyim, who considered it important to build a magnificent mosque as gratitude for Indonesia's independence in the struggle against the invaders.Keywords: sovereignty, God, struggle, kingdom
Tantangan dan Permasalahan Penegakan Hukum Tindak Pidana Korupsi di Indonesia Yenni Wiranti; Ridwan Arifin
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.v20i1.3822

Abstract

Corruption is an extraordinary crime. It grows in the human body because man's eternal nature is greed. Corruption is an act committed with the intention of obtaining several benefits that is contrary to official duties and other truths. The Corruption Law is regulated in Law Number 31 Year 1999. It is understandable if corruption is so difficult to eradicate, partly because the approach used is still partial, whereas the handling needed is a multidimensional approach. The wide enough social and power gap in the structure of society also influences the opening of opportunities for corruption, which in turn contributes greatly to the culture of corruption.Keywords: Corruption, Eradication, Causes of Corruption, Law Enforcement
Analisis Strategi Pencegahan Cybercrime Berdasarkan UU ITE Di Indonesia (Studi Kasus: Penipuan Pelanggan Gojek) Reza Hikmatulloh; Evy Nurmiati
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.v20i2.6449

Abstract

Cybercrime can be defined as illegal activities with computer intermediaries that can be carried out through global electronic networks. In computer networks such as the internet, the problem of crime is becoming increasingly complex due to its wide scope. The purpose of this study is to see what strategies are suitable for preventing cybercrime actions via cell phones based on the ITE Law in Indonesia. The data analysis method used in this study is to use routine activity theory. Cohen and Felson's incidence that crime against crime is related to three variables, namely someone who is motivated, the target who is the target, and the absence of protection from the target (absence of a capable guard). The suggestion is that Gojek provides education about awareness in this fraud case. Gojek appeals to users on their social media to be more careful in trusting information. In addition, the government should not only give warnings to its users as a form of vigilance, but the government should be more optimal in giving more effort.Keywords: Cybercrime, ITE Law, Routine Activity Theory
Pelaksanaan Pemenuhan Jaminan Sosial Ketenagakerjaan Bagi Juru Parkir Resmi di Kabupaten Banyumas Krisna Praditya Saputra; Susilo Wardani; Selamat Widodo
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.v19i2.8217

Abstract

National Development in implementing social security is carried out in the framework of complete human development and to create a society that is prosperous, just, prosperous, and equitable, both physically and spiritually based on Pancasila and the 1945 Constitution. This is regulated in Article 28H paragraph (3) which states that: "Every person has the right to social security which enables his complete development as a dignified human being." All workers should receive protection, both formal and informal, in this case, official parking attendants work for a living which is very vulnerable to the risk of work accidents. This research discusses how the implementation of the fulfillment of labor social security rights for official parking attendants in the Banyumas Regency and what are the obstacles in the fulfillment of the employment social security rights for official parking attendants in Banyumas Regency. The method used in this research, namely the normative juridical method, is carried out through a literature study which examines mainly secondary data in the form of laws and regulations, agreements/contracts, or other legal documents, as well as research results, assessment results, and other references. As for the implementation of the fulfillment of labor social security rights for official parking attendants in Banyumas Regency, namely the parking attendants' obligations to follow the BPJS Ketenagakerjaan so that social security is fulfilled for official parking attendants covered by the Transportation Agency. And what is an obstacle in the fulfillment of the employment social security rights for official parking attendants in Banyumas Regency is the low level of education which affects the level of awareness of workers in paying BPJS contributions, even though the Banyumas Regency Transportation Office requires every worker to participate in the social security program.Keywords: Labor Social Security, Parking Attendants, Department of Transportation
Aspek Hukum Perlindungan Data Konsumen E-Commerce Ardhiana Hidayah; Marsitiningsih Marsitiningsih
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.v20i1.8251

Abstract

Consumer data protection is part of the consumer protection aspect of online transactions or e-commerce activities. This research is a normative legal research based on library research. This study aims to know and understand that personal data is part of the constitutional rights of citizens, so that the state is obliged to protect dignity, respect and integrity of consumers as human beings. The use of any information through electronic media that involves a person's personal data must be done with the consent of the person concerned. The misuse of consumer data is a major problem in legal protection to consumers. Consumer data protection only relies on Ministerial Regulation Number 20 Year 2016 concerning Protection of Personal Data which cannot be used as a basis for solving the problem of data misuse. There needs to be a special institution in processing law enforcement in the context of protecting consumer data.Keywords: Consumer Data Protection
Kasus Perdagangan Manusia di Indonesia Ditinjau dari Undang-Undang Nomor 21 Tahun 2007 Tentang Tindak Pidana Perdagangan Orang Khosy Zufar Annaafi
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.v19i2.6050

Abstract

Human trafficking, especially children, has become a phenomenon that is unceasingly prevented or eradicated in this world. Although there are many regulations to protect children, in fact, children always tend to be used as objects for certain individuals to be traded. Then “Undang-Undang Nomor 21 Tahun 2017 Tentang Tindak Pidana Perdagangan Orang” in Persons can be a protector for victims of human trafficking. Then the legislation is expected to be a deterrent effect for perpetrators. This article is expected to provide education to the public about trafficking in persons and to be a correction by the government regarding trafficking in persons.Keywords: Child Protection, Human Trafficking, education, and correction

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