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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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Penegakan Hukum Kepolisian Polres Ternate dalam Menanggulangi Peredaran Minuman Keras pada Masyarakat Kota Ternate Gunawan Hi Abbas; Paulus Tri Arso
Kosmik Hukum Vol 21, No 1 (2021)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v21i1.8698

Abstract

The concrete legal problem that becomes the problem in the city of Ternate is that the center of the supply of liquor (miras) is very high from various centers of Halmahera which are imported by sea, so that it makes it a bit difficult for the police to detect it, this should get serious attention from the city government of Ternate to deal with the problem. liquor which is widely consumed by the wider community, even traded in free places, ironically again among the younger generation, students, who can get it in a freely accessible place. In fact, the influence on the attitudes and actions of perpetrators of these alcohol users is very high, such as speeding on the highway which can disrupt traffic, create noise and chaos, and disturb the peace of other communities. This is due to reduced self-control due to excessive drinking. Various calls for the local government of the city of Ternate to pay more attention to the rampant distribution of liquor, of course there are signals from several sides, both in terms of legislation, regional regulations, which are implemented, law enforcement officials, and the legal culture of the community. Thus questioning law enforcement means positioning law enforcers in the context of realizing the objectives of law with security and order for the realization of a peaceful and prosperous society through an organization. The regional government together with the Ternate City DPRD to be asked to immediately revise the Regional Regulation (Perda) of Ternate City Number 5 of 2004 concerning alcohol which is considered not able to cause a deterrent effect, because the penalties regulated in the existing Ternate municipal regional regulations stipulate the maximum penalty, should be able to replaced with minimal penalties so as to have a deterrent effect on liquor sellers and users.Keywords: Law Enforcement, Alcoholic Beverage 
Potensi Konflik Kepentingan dalam Pendirian Badan Hukum Perorangan Pasca Revisi Undang-Undang Perseroan Terbatas dalam Omnibus Law Febri Jaya
Kosmik Hukum Vol 21, No 2 (2021)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v21i2.10310

Abstract

The need for employment in Indonesia continues to increase every year, so there is naturally a concern that there will be conditions where the need for employment is more than the available employment opportunities. Therefore, several actions have been taken by the executive and legislature to anticipate these conditions, one of which is by facilitating the establishment of a limited liability company which previously had to be established by 2 (two) or more people to only 1 (one) person with certain conditions regulated in Law Number 11 of 2020 concerning Job Creation. In practice, there are many internal disputes related to conflicts of interest in a limited liability company established by 2 (two) or more people, even though when it is founded by 2 (two) or more people, supervision of the management of a limited liability company will certainly be better than that of a limited liability company established. by 1 (one) person. This study discusses the potential for a conflict of interest in a limited liability company established by 1 (one) person who also serves as the only member of the Director in the company.Keywords: Limited Liability Company, Conflict of Interest, Job Creation. 
The Legal System Application Affect Factors in Preventing HIV / AIDS Transmission in Bali Prima Maharani Putri; I.G.A.K. Rachmi Handayani; Hartono Hartono; Widodo Tresno Novianto
Kosmik Hukum Vol 21, No 1 (2021)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v21i1.9704

Abstract

The issue of HIV/AIDS as a human rights issue in relation to public health has in principle become a topic of conversation in international public health law. In 1946, the World Health Organization (WHO) proclaimed that the highest success of a goal of public health standards was success in the treatment of HIV/AIDS as a fundamental issue of human rights. According to the last data of November 2019, Bali was ranked in the top five cases of HIV/AIDS with the number of PEOPLE with HIV/AIDS reaching 22,034 people. Of the number of cases nationally, Bali ranks number five after DKI Jakarta and West Java, even if reviewed from the average percentage compared to the population, Bali ranks in the top two nationally after Papua. The data when compared to the previous two years data is very different, where in 2017, Bali is still ranked sixth nationally. This article reviews Factors that affect the application of the legal system in preventing the transmission of HIV / AIDS in Bali Province. This research is a normative juridical research. Designed using the statute approach and conceptual approach. The results showed that Factors that affect the application of the legal system in preventing the transmission of HIV / AIDS in Bali Province are Multi-interpretation due to conflict  norms in various cases about HIV/AIDS in Indonesia.. However, it needs Immediately formulate improvements or spelled out in the Regulation of the Governor of Bali to be more synergistic fundamentally in terms of HIV/AIDS Prevention, especially its transmission management and elimination namely to The Regional Regulation of Bali Province No. 6 of 2014 on Child Protection; Local Regulation of Bali Province No. 4/2019  on Indigenous Villages and Local Regulations of Bali Province  No. 3/2006 on HIV/AIDS Prevention, as well as adjusting the Laws and Regulations on it.Keywords: HIV/AIDS, Legal System Application, Bali
Mitigasi Bencana Alam di Kek Tanjung Lesung, Sudahkah Hyogo Framework for Action Diterapkan? Natalia Yeti Puspita; Eko Widodo
Kosmik Hukum Vol 21, No 2 (2021)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v21i2.9730

Abstract

The threat of natural disasters in Indonesia can occur at any time and has caused suffering for humanity. The tourism industry also feels the impact and consequences of natural disasters. Tsunami on the coast of Banten at the end of 2018 has caused economic losses of up to hundreds of billions in the tourism sector. Mitigation of natural disasters, especially in the tourism industry, is still lacking the attention of the government. In the disaster management system, the state is the main actor who has full responsibility for dealing with the effects of natural disasters. The Government of Indonesia in 2005 ratified the 2005-2015 Hyogo Framework for Action as the government's guidelines in dealing with natural disasters, especially in the field of natural disaster mitigation. This study examines the implementation of HFA concerning natural disaster mitigation in the Special Economic Zone of Tanjung Lesung-Banten, and Cikadu Tourism Village Community. Socio-legal research is used as a research method and uses qualitative data analysis that is analytical descriptive and emphasizes primary data as the main data. This data was obtained by interview and observation. As for supporting primary data, library research is conducted. Based on the results of the study it can be seen that the Government of Indonesia has implemented the HFA by making Law No. 24 of 2007 concerning Disaster Management, but in practice law enforcement has not been felt by Banten coastal communities other than that there is no habit or cultural awareness of disaster response in the community.
Pelaksanaan Program Redistribusi Tanah Di Kawasan Tanah Adat Provinsi Papua Yudhistira Setya Wardhana
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.v20i1.8625

Abstract

Agrarian reform or Agrarian Reform as an issue, is complex and multidimensional which is a major program of the Indonesian state in realizing the welfare of the Indonesian people, especially in terms of increasing access of poor peasants to land tenure in Indonesia, but implementing agararial reform is not an easy thing, with many obstacles, both from the legal, land administration, social, political, cultural and security aspects. Agrarian Reform (Agrarian Reform) or land reform is one of the effective tools or ways to achieve successful development, because access to land is fundamental for socio-economic development, poverty reduction, and environmental sustainability, apart from being a factor of production, land is also a factor of wealth, prestige and strength or power. In this perspective, land redistribution not only results in an increase in economic assets owned by poor farmers, but also an increase in political power and social participation, thus, the implementation of agrarian reform is not only aimed at reducing poverty and unemployment, but also in order to eliminate inequality, especially in political and social fields. The Land Redistribution Program in Papua Province itself, as the author sees its implementation, does not pay attention to regulations higher than Presidential Decree Number 86 of 2018.This is also reinforced by Article 18B paragraph (2) of the 1945 Constitution which states that the state recognizes and respects customary law community units. along with their traditional rights as long as they are still alive and in accordance with the development of society and the principles of the Unitary State of the Republic of Indonesia. In addition, Article 3 of the UUPA does contain the term "ulayat rights and rights similar to that". Keywords: Inconsistency, Ulayat Land, Land Redistribution
Personal Loan Agreement Between Small Traders and “Bank Plecit” at Traditional Market Banyumas, Central Java; A Study from the Perspective of Moral Judgement Ratna Kartikawati; Zuraini Jamil Osman
Kosmik Hukum Vol 21, No 2 (2021)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v21i2.10421

Abstract

In Indonesia, it has found that small traders are still borrowing money from ‘bank plecit’ or known as loan shark although they know the risks of borrowing money from them. This happens because they are financially desperate and very little documentation is required. This study aims to explore the experiences and understandings (cognitive) of small traders and ‘bank plecit’ at Traditional Market, Bayumas, Jogjakarta from the moral judgement perspective that has influenced their personal loan agreement process. Seven ‘bank plecit’ and nine small traders from Traditonal Market, Bayumas, Puworkerto were selected for this study. A qualitative approach using one to one in-depth interview method and observation were used to gather the primary data. The findings show that small traders have a clear understanding of the risk of paying a high-interest rates when they decided to borrow money from ‘bank plecit’.  Several reasons are given by both group of respondents in the area of moral judgement decision-making based on a cognitive view that can be considered as internal and external factors. For the small traders, the internal factors are related with them such as responsibility to family so that they can get out of the financial crisis easily and belief in God when they surrender with their life's hardships. While external factors show that small traders believe that it’s a rational decision because the loan process and procedures from the ‘bank plecit’ is often faster and easier than the legal banks that they considered as so straight. They considered that borrowing money from the ‘bank plecit’ was their best rational decision they can made in order to get capital for their business and for their survival. For the ‘bank plecit’, they are only concerned about profits when they agreed to lend the money to small traders, but they said that helping small traders is their responsibility. In addition, they also aware of setting high rate interest to the small traders, they assume that is the way they are helping small traders as the small traders desperately need money. They believed that cognitively, decision that they have made is right because they will help the small traders to start or continue their business. Overall, this study found that moral judgement in cognitive made by both group of respondents are based on their personal situations and lives. Keywords: moral judgement, cognitive, ‘bank plecit’, personal loan agreement
Peningkatan Kemampuan Matematika Anak Didik Pemasyarakatan dengan Program Holistik sebagai Upaya Peningkatan Kualitas Pendidikan Rama Fatahillah Yulianto
Kosmik Hukum Vol 21, No 1 (2021)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v21i1.8834

Abstract

Law Number 11 year 2012 concerning the Juvenile Criminal Justice System is a concrete manifestation of Restorative Justice, which regulates diversion, in which Law Enforcement Officials are obliged to seek diversion for children. So far, the education provided by the government for Children in Conflict with the Law is only limited to formal education and moral formation education, no less important than that mathematical ability should also be a concern for the government with a low level of mastery of mathematics in Indonesia. The learning model that emphasizes comfort and pleasure for children is considered to be very effective in teaching math skills to children at LPKA. This study aims to identify a learning model that is in accordance with the characteristics of education in LPKA. So that it is hoped that children after being free can integrate with the community and have the same abilities as children who are outside the institution, as well as improve the self-concept possessed by children. The benefits of this study can provide input in formulating policies regarding the education system in LPKA.Keywords: ABH, Diversion, Education
Transisi Paradigmatik Korporasi dan Konstruksi Pertanggung Jawaban Kejahatan Korporasi Era Globalisasi Fajar Dian Aryani
Kosmik Hukum Vol 21, No 3 (2021)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v21i3.12048

Abstract

Globalization cannot be separated from corporations. The development of the corporation through its products has been able to "bewitch" various areas of people's lives, and even the development of the corporation has also given birth to new forms of crime, namely corporate crime. To the development of corporate crime, national law has responded by harmonizing the subject of criminal law. As a result, corporations are included as subjects of criminal law whose arrangements are contained in legislation outside the Criminal Code. Construction of corporate criminal responsibility in legislation outside the Criminal Code, namely the maker can be convicted if he has committed a criminal act as formulated in the law, regardless of how his inner attitude (strict liability) and the imposition of responsibility on someone for actions committed by people other, solely based on the relationship between the two people (vicarious liability). The construction of criminal liability in the statutory provisions governing criminal liability, there are provisions that apply only the strict liability doctrinal approach and the vicarious liability doctrinal approach, and/or apply both.Keywords: Corporation, strict liability, vicarious liability
Mencegah Second Victimization Melalui Asesmen Terpadu bagi Korban Penyalahgunaan Narkotika di Kabupaten Banyumas Yusuf Saefudin; Gamalel Rifqi Samhudi
Kosmik Hukum Vol 21, No 3 (2021)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v21i3.12029

Abstract

Cases of drugs abuse and illicit trafficking continue to rise along with the increasing number of addicts and abusers of narcotics. Addicts and Victims of Narcotics Abuse are often in a dilemma between the perpetrator or victim. Assessment integrated can clarify their position. The problems studied in this research is about how the concept of assessment integrated into the case of criminal acts of narcotics and how the mechanism of placement of victims of abuse of narcotics into institutions of rehabilitation. This research is a juridical-sociological, designed using survey method, observation, interview and literature study. The Data obtained were collected and analyzed qualitatively with the model of descriptive-analytical. Based on the results of research, assessment integrated designed to distinguish between addicts and victims of narcotics abuse with a drug dealer/courier narcotics. Assessment integrated to produce recommendations that contain a description of the involvement of the suspect with a network of illicit narcotics, the level of dependence on narcotics and a plan of rehabilitation of addicts and victims of narcotics abuse. Of the 15 cases studied, there were 8 cases of drug abuse and only 1 of 8 such cases that boil down to rehabilitation. The assessment integrated a mechanism that is able to avoid the victims of the abuse of narcotics from the threat of imprisonment. Avoiding the victims of drug abuse from a criminal to prison is expected to break the chain of problems of drug abuse and illicit trafficking. It can be realized through a pattern of different handling between the addict/abuser with a drug dealer/courier narcoticsKeywords: Integrated Assessment, the Narcotics Crime, the Victims of Drug Abuse 
Strategies to Overcome Marine Pollution Caused by Plastic Waste to Protect Marine Environment in Indonesia R. Eriska Ginalita Dwi Putri; Idris Idris; R.A. Gusman Catur; Immamulhadi Immamulhadi
Kosmik Hukum Vol 21, No 3 (2021)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v21i3.12047

Abstract

Nowadays marine pollution become a serious problem in the world espesially in Indonesia. Marine scientists have found harmful impact of marine pollution to marine environment, ecosystem and humans, there-quarter of all marine debris is plastic, a persistent and potentially hazardous pollutan. Plastic can be chemically harmful to wildlife, either because themselves potentially toxic or other toxic pollutan, the situation become worse when it come to marrine pollution caused by micro plastic, micro plastic is very dangerous for the ecosystem and the human in the world. Public awaarness to participate in maintaining the marine environment is decreasing day by day. Some people do not realise that microplastic are so danger to marine environment because most plastics in the ocean break up into very small particles, plastic is one of the kind of marine debris and it can come in all shapes and size, but those that are less than five millimeter in length. Indonesia is the second-biggest-contributor to ocean after China, with some estimates suggesting it is source of about 10% of global plastic pollution, if this problem can not be solved, there could be more plastic than fish in the ocean. Unfortunetly up to present we do not have any effective methode to clean up the ocean, the only thing that we can do is reduce the use of plastic in daily life. Marine pollution is become global problem so that is why we need some strategies to solved this problem, based on internatinal frame work Indonesia and others contries should do cooperation with others country and based on national legal frame works government should make special regulation to protect marine environment. Pollution from land-based sources, either direcly by urban or argiculuture discharger or indirecly through water. Keyword: Marrine, Pollution, ASEAN

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