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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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Wakaf Produktif Sumber Mata Air Sebagai Upaya Mewujudkan Kesejahteraan Umat Berdasarkan Undang-Undang Nomor 41 Tahun 2004 Tentang Wakaf Dodi Mustajab
Kosmik Hukum Vol 22, No 2 (2022)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v22i2.14153

Abstract

Society in general considers waqf limited to immovable objects that are used for the common good. For example, land used to build mosques, Islamic boarding schools, schools, cemeteries, and so on. In fact, apart from having a religious spiritual dimension, waqf is actually an Islamic teaching that is beneficial for the welfare of the people. This study aims to describe the waqf of springs as an effort to realize the welfare of the people. This study used qualitative research methods. The data is sourced from primary and secondary data which is processed and analyzed in a descriptive-analytical manner. The results of the study show that water sources can also be used as legal waqf objects. However, it should be underlined that the waqf is a source of water or wells, and not the water itself. This is because water is classified as something that can be consumed / utilized so that it cannot be used as a waqf object. In contrast to wells or water sources that can always flow and provide benefits. In a sense, this water waqf is used for public and religious purposes, such as bathing, drinking, and ablution.Keywords: waqf, water sources, welfare, people.
Implementasi Peraturan Bupati Tegal Nomor 6 Tahun 2019 Tentang Fasilitasi Penumbuhan dan Pengembangan Kewirausahaan di Kabupaten Tegal Moh Taufik; Bha'iq Roza Rakhmatullah
Kosmik Hukum Vol 22, No 2 (2022)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v22i2.13349

Abstract

The Tegal Regency Government under the leadership of Mrs. Umi Azizah created a program to be able to help overcome unemployment, especially among youth in Tegal Regency, by issuing a policy in the form of Regent Regulation Number 6 of 2019 concerning Facilitation of Entrepreneurship Growth and Development for Youth in Tegal Regency. This research is normative juridical research on issues relating to laws and other accompanying regulations regarding youth and entrepreneurship, this study aims to determine the implementation of the Tegal regent's regulation number 6 of 2019 concerning the facilitation of the growth and development of entrepreneurship. in this study using qualitative data analysis methods, namely normative juridical presented descriptively. Regent Regulation number 6 of 2019 made the main strategy, namely the commitment of Tegal Regency to improve the ranking of all indicators in youth and entrepreneurial policies in a better direction, structural improvements for all indicators, increasing independent entrepreneurs who can contribute to the community and the Tegal Regency Regional Government.Keywords: Implementation, Entrepreneurship, Economy of Tegal Regency. 
Cannabis Regulation: A Comparative Study in Indonesia, Turkey, and Morocco Yayi Intan Pratiwi; Murat Kubilay Cengiz; Aymen Mouhin
Kosmik Hukum Vol 23, No 1 (2023)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v23i1.18888

Abstract

The purpose of this comparative study is to analyze the differences in legal and policy approaches between the three countries in dealing with the issue of cannabis use and distribution. This research uses a comparative descriptive approach by collecting data from various sources such as legal regulations, government reports, and related literature. The results of the analysis show that Indonesia, Turkey, and Morocco have different approaches to regulating Cannabis. Indonesia adopts a very strict approach by imposing heavy penalties for cannabis-related offenses. On the other hand, Turkey allows the medical use of cannabis under certain conditions and has reduced legal sanctions against offenses of using small amounts of cannabis. This was also done by Morocco in 2021. In Morocco, it has relaxed some aspects of cannabis regulation and directed efforts more towards rehabilitation than punishment. The comparative study in this article provides a deeper understanding of the variations in legal and policy approaches to the regulation of cannabis drugs in Indonesia, Turkey, and Morocco. The implications of these different approaches may provide valuable insights for other countries facing similar challenges in regulating cannabis. Keywords: Medical Cannabis, Comparative Law, Legality of Cannabis
Digital Measurement Model as a Support Tool for the Validity of Village Land Administration Data Sri Wahyu Handayani; Bahar Elfudllatsani; Mohammad Irham Akbar
Kosmik Hukum Vol 25, No 1 (2025)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v25i1.25281

Abstract

This research aims to recommend the implementation of the digital measurement model on Village Devices and Land Data Collectors (PULDATAN) so that the collection of land data, both physical and juridical, serves as a means to support the validity of village land data. This aims to support the National Program for Complete Systematic Land Registration as mandated by Article 19 of Law Number 5 of 1960 on the Basic Agrarian Law. The location of this research is conducted in Panembangan Village, Cilongok District, Banyumas Regency. The research on the model of implementing digital measurement in village administration was conducted through the following stages: 1. Updating the Juridical Data of Village Land; 2. Updating the Physical Data of Village Land; 3. Computerization and Digitalization of Village Land Administration. The method used in this research is the empirical juridical method. This research aims to review the application of digital measurement as a form of implementing land administration law in villages to support the validity of land data in the villages. This research produces a digital measurement model in villages to prevent agrarian disputes/conflicts. The validity of village land data is the initial gateway to land administration order.
Dissemination of Geographical Indication Potential: An Effort to Protect Tourism Intellectual Property Triyono Adi Saputro; Vadira Hanami; Teguh Hartono; Iwan Hertanto
Kosmik Hukum Vol 23, No 3 (2023)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v23i3.15641

Abstract

The urgency of intellectual property protection is the main key in increasing competitiveness in global competition. Sragen Regency has great potential to obtain legal protection on intellectual property sourced from the industrial and tourism sectors. This qualitative and normative study used secondary data and a normative juridical approach. Based on the analysis with Law Number 20 of 2016 on Brands and Geographical Indications, Sragen Regency has products to be protected with geographical indications, namely the Sangiran Stone craft located at the Museum Manusia Purba Sangiran. This condition strengthens geographical indications in Sragen as intellectual property considering that the tourism sector has a very large correlation with the industrial sector. Dissemination can be carried out by the government and stakeholders as a form of encouragement and support for groups of business actors in the Sragen area so that they are aware of the law and understand the essence of law so that they can obtain legal protection for Sangiran stone crafts through geographical indications as intellectual property in Sragen Regency.Keywords: Geographical indications, Intellectual Property, Tourism
Raising Awareness to Prevent Sexual Violence for Mosque Teenager Rosmalinda Rosmalinda; Ade Rahmawati Siregar; Joiverdia Arifiyanto; Agusmidah Agusmidah; Fahrizal S. Siagian
Kosmik Hukum Vol 25, No 1 (2025)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v25i1.25079

Abstract

This article was conducted in the form of community service “training of trainer”. The goal of this activity is to improve youth knowledge, understanding, skills and roles in preventing sexual violence. This research involves the committee and members of mosque youth who trained in preventing sexual violence. Adult education methods are used in community service as well as legal research to analyze participation of mosque youth in preventing sexual violence at worship place use a legal, case and conceptual approach. The research found: (1) The number of sexual violence cases increases every year in susceptible locations such as public spaces, terminals/stations, roadsides/sidewalks, public transportation, mass or social media, residential areas, workplaces/offices and campuses. (2) The absence of worship place on susceptible locations list does not mean sexual harassment against women and children has not existed. It could be happened to anyone regardless of gender, age, religion or social background. (3) knowledge, understanding, ability and role to prevent sexual violence among mosque youth increased after participated and practice through "Let's Practice Being a Trainer/Facilitator on Sexual Violence Prevention ". As conclusions: (1) mosque youth have an important role to reduce the number of various forms of and/or prevent of sexual violence, (2) the Indonesian Mosque Youth Communication Agency (BKPRMI) has capacity and roles to improve the knowledge, ability and role of mosque youth in preventing sexual violence, especially in the mosque/prayer room area.
Non-Litigation Paradigm in Medical Dispute Resolution: An Indonesian Perspective Prima Maharani Putri
Kosmik Hukum Vol 24, No 3 (2024)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v24i3.23683

Abstract

This article aims to analyze the non-litigation paradigm in resolving medical disputes between doctors and patients based on the applicable laws and regulations in Indonesia, along with its implications for improving the quality of health services. This research approach is with a normative juridical method with a statute approach and a conceptual approach. The results of the study revealed that the doctor's relationship that started from a paternalistic relationship has shifted to a partnership. This is evidenced by the regulation of therapeutic transactions and informed consent in every health service provided. Health services, which according to Law No. 17 of 2023 concerning Health are in the form of health efforts (inspanning verbintenis), allow the risk of doctor-patient medical disputes. This law is also the basis for resolving medical disputes between doctors and patients. The law in article 310 stipulates that the resolution of medical disputes first through alternative dispute resolution outside the court (non-litigation). The paradigm of resolving medical disputes through non-litigation can make the doctor-patient relationship more qualitative, because of the win-win solution principle used. A good doctor-patient relationship will also have a good impact on improving the quality of health services provided. Doctors and patients are in their best position as providers and recipients of health services because the good name of doctors and patients is maintained and medical disputes can be resolved with the principle of kinship, without having to waste a lot of money, time and energy.Keywords: Medical Disputes, Non-Litigation, Doctor-Patient
Hak Pekerja Atas Penerimaan Manfaat Jaminan Hari Tua Saat Pekerja Belum Mencapai Usia 56 Tahun Ida Nuriya Fatmawati; Asri Wijayanti
Kosmik Hukum Vol 23, No 1 (2023)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Old Age Security aims to ensure that participants can live in prosperity if they have entered retirement age, are totally disabled, or die. The purpose of this study was to determine the form of legal protection for Old Age Security participants who resign and are affected by termination of employment for the benefits of Old Age Security and their legal remedies. This legal research used a statute approach. The result of this research was a form of legal protection for Old Age Security participants is to receive benefits for the total contributions paid and their development after ten years of membership, entering retirement age, death, or permanent total disability. Employers who do not register their workers in stages are threatened with administrative sanctions. Employers who do not collect, pay and deposit contributions to Insurance and Social Security (BPJS) Employment are threatened with criminal sanctions. Old Age Security benefits will be deferred until the age of 56 years if the Old Age Security participant resigns earlier. Legal remedies that can be taken by workers if they do not get Old Age Security benefits are to settle through a mediation process carried out by the Service Quality Control Unit and Participant Complaints Handling.Keywords: Old Age Security, Stop Working, Workers.
Implications of the Presidential Threshold Implementation on the Formation of Cartel Coalitions Rahmat Muhajir Nugroho
Kosmik Hukum Vol 24, No 1 (2024)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v24i1.14521

Abstract

The threshold for presidential candidacy as a condition for nominating candidates for President and Vice President in the General Election in Indonesia creates constitutional problems. Political parties that have been designated as election participants cannot immediately nominate pairs of candidates for President and Vice President because there are additional requirements outside of the constitutional provisions, namely that political parties must have 20% of the DPR RI seats or 25% of the valid national votes resulting from the Legislative Election in the previous five years. This research aims to analyze the implications of implementing the Presidential Threshold on the formation of cartel coalitions. The research method is normative legal research using primary, secondary, and tertiary legal materials. Apart from limiting the rights of political parties, these threshold provisions also have implications for the formation of cartel coalitions, so they are very dominant in Parliament. This research concludes that setting the threshold for nominations for President and Vice President has implications for the formation of large coalitions (oversized coalitions) in government, even political cartels, thus opening opportunities for oligarchs to intervene in government.Keywords: Election, Presidential Threshold, Cartel
Asuransi Proteksi Medis (Professional Indemnity Insurance) sebagai Pengalihan Tanggung Gugat dalam Sengketa Medis Dokter-Pasien Prima Maharani Putri; Gregorius Yoga Panji Asmara
Kosmik Hukum Vol 22, No 3 (2022)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v22i3.15645

Abstract

The aims of this article is to analyze the suitability of professional indemnity insurance with applicable laws and regulations in Indonesia, especially in the field of health law and its implications for quality. health care in Indonesia. This research uses normative juridical approaches with statute approach and conceptual approach. Based on the results of the study, Law No. 40 of 2014 on Insurance is the attitude and anticipation of the government to encourage national development, especially in the development of the industry. insurance. The doctor-patient paternalistic relationship, which is now a partnership relationship, is characterized by therapeutic transactions and informed consent in every health service. This is based on the provisions of Law No. 29 of 2004 on Medical Practice and Regulation of the Ministry of Health No. 290 /MenKes/ Per / III /2008 on Approval of Medical Measures. Health services that are "inspanning verbintenis", risk the occurrence of disputes (medical) in the doctor-patient relationship. Medical protection insurance has been regulated in Chapter III of the Regulation of the Minister of Health no. 755 / MENKES / PER / IV / 2011 concerning the Implementation of medical committees in hospitals, number 12 point D which states that the Doctor has professional indemnity insurance, which guarantees the profession of persons or companies in legal responsibility to third parties in Medical disputes. The existence of Medical Protection Insurance can make doctors in carrying out their profession to provide health services, can feel comfortable, safe and calm because they are protected. of things that are not desirable, especially in the face of compensation claims from medical disputes that he faces. Keywords: medical protection insurance, medical disputes, doctor-patients

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