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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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The Role of Balunijuk Indigenous Communities Against Unconventional Mining a Malay Inner Perspective Ndaru Satrio; Muhammad Syaiful Anwar
Kosmik Hukum Vol 23, No 2 (2023)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v23i2.18753

Abstract

This research was conducted in Balunijuk Village, whose indigenous people prefer to reject tin mining as their way of life. It is interesting for the author to examine the role of the indigenous people of Balunijuk village in fighting unconventional mines from an inner Malay perspective and how the methods used by the indigenous people of Balunijuk village to fight unconventional mines from an inner Malay perspective. The research method used is socio-legal. The role of the indigenous people of Balunijuk Village in fighting Unconventional Mining within the Malay inner framework includes (1) protecting the living space of indigenous peoples, (2) preventing corrupt acts in the living areas of indigenous peoples, (3) preventing the criminalization of indigenous peoples. The method used by the Balunijuk indigenous people against the existence of unconventional mining is to use existing local wisdom, namely ampak. The advice given is that the existence of local wisdom that has sacred values should get a better place in solving problems that arise. Keywords: Role, Indigenous Peoples of Balunijuk Village, Unconventional Mining
Legal Challenges and Policy Solutions in the Development of Village-Owned Enterprises Moh Taufik; Bha'iq Roza Rakhmatullah
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.v25i1.17412

Abstract

Regulation of Tegal Regency No. 2/2018 on Village-Owned Enterprises serves as a regional policy aimed at optimizing village resource potential. This regulation is expected to provide a solution for village development, particularly in Tegal Regency, which possesses significant untapped potential. However, the development of Village-Owned Enterprises often faces challenges due to a lack of stakeholder involvement in policy implementation. Proper execution of this regulation could yield substantial benefits for the community, villages, and the region as a whole. This study employs a normative juridical approach to examine legal issues and policies related to Village-Owned Enterprises. The research aims to analyze the implementation of Tegal Regency Regulation No. 2/2018 and identify solutions to the challenges encountered in its application. Utilizing qualitative data analysis with a descriptive normative juridical method, this study explores the role of various stakeholders in policy implementation. The local government collaborates with the private sector, particularly entrepreneurs, to provide input and motivation for Village-Owned Enterprise development. The findings of this research highlight the importance of evaluating and refining regional policies to enhance their effectiveness. Future studies are encouraged to assess and improve the implementation of Village-Owned Enterprise policies in Tegal Regency, ensuring their optimal contribution to economic development at the community, village, and regional levels.
Legal Protection for the Victims of Religious Hate Speech on the Internet Agus Raharjo; Yusuf Saefudin; Sonny Zulhuda
Kosmik Hukum Vol 23, No 2 (2023)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v23i2.18426

Abstract

Over recent decades, the boom in information and communication technologies (ICTs) has brought completely new ways of establishing and maintaining relationships. Nevertheless, in very different ways, people are vulnerable to multiple forms of violence that threaten their physical and psychological integrity. Various media and new technologies are explored, but particularly the Internet and mobile phones and the convergence between the two are discussed. The religious hate speech was easily found on the internet. The victims on certain social media can report it to the managers for blocked. But on some websites, such things cannot be done, so those who feel victimized ended up doing the same thing to the first attack. Cyberwar through words will continue without end. State responses alone will never be sufficient. This happens for several reasons. First, the possibility of anonymity; second, the rapidly growing anarchy in cyberspace as a form of culture wild-wild west; the third, still weak law enforcement in the field of cybercrime – especially religious hate speech; fourth, the possibility of committing crime outside the criminal jurisdiction of a country; and fifth, diminishing of tolerant awareness. There should be a criminal policy and strong in handling this crime, and growing healthy behaviors for Internet users to communicate with other users.Keywords: cybercrime; religious hate speech; internet; anonymity; anarchy.
Optimizing the Eradication of Human Trafficking in Batam City: A Comparison of Indonesian and Singaporean Laws Neha Aswin Maysura; Yudhi Priyo Amboro; Nurlaily Nurlaily
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.v25i1.25132

Abstract

Human Trafficking is a global issue that continues to escalate, including in Batam City, one of Indonesia's Human Trafficking hotspots. This study aims to analyze the effectiveness of combating Human Trafficking Crimes (Human Trafficking) in Batam City by comparing Indonesian and Singaporean laws. The research addresses the implementation of Indonesian laws, regulatory comparisons between the two countries, and recommendations for ideal solutions.The study employs normative and empirical legal methods with legislative, conceptual, and sociological approaches. Data were collected through literature reviews and interviews with relevant institutions in Batam. The findings reveal that although Indonesia’s Law No. 21 of 2007 provides a comprehensive legal framework, its implementation faces challenges such as weak inter-agency coordination, limited support facilities, and low public legal awareness. In comparison, Singapore has more effective regulations with severe sanctions and advanced technology. Recommendations include revising specific articles in Law No. 21 of 2007, strengthening cross-sectoral coordination, enhancing victim protection facilities, providing intensive training for law enforcement officers, and applying technological support. These measures are expected to optimize the fight against Human Trafficking in Batam City.
Repositioning Legal Protection For Victims of Domestic Neglect In Indonesia: Between Legal Breakthroughs and Reality? Rani Hendriana; Agus Raharjo; Baginda Khalid Hidayat Jati; Jaco Barkhuizen; Bhanu Prakash Nunna; Lintang Ario Pambudi
Kosmik Hukum Vol 24, No 2 (2024)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v24i1.21420

Abstract

Domestic neglect is frequently occurring yet often overlooked and considered less significant compared to physical and sexual violence. This research employs normative juridical research methods and is analyzed qualitatively through a comparative legal study approach in Indonesia, India, and South Africa. The findings reveal that there have been legal breakthroughs in terms of criminalizing domestic neglect; however, the actual legal protection for the victims does not correspond proportionately. Certain limitations within domestic neglect result in the lack of assured legal protection. Even though it is considered an ordinary offense, its effectiveness is hindered due to minimal reporting, and the provision of rights does not align with the victims' needs. This situation exists in all three countries compared in the legal comparative process, although there are aspects that can be referred to in India's regulations. Addressing this issue involves repositioning the victims by reformulating the addition of victim rights according to their needs, including negligence as an element of neglect, reformulating restitution, and transferring assets to victims as a form of criminal sanction for perpetrators, incorporating domestic neglect in law enforcement agencies' case disclosure targets and annual programs in government agencies, and reinforcing legal-cultural awareness among the community to halt the domino effect of victims suffering from domestic neglect.
Juridical Analysis of PKPU Decision by The Court on Application for PKPU Revocation by The Debitor Nandi Pratama; Mohamad Fajri Mekka Putra
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.v23i1.16969

Abstract

The purpose of this study is to find out how the judge's consideration in revoking the Delay of Debt Payment Obligation on the request of the debtor who has been determined to be Debt Payment Suspension, but there are findings of the calculation of the management team of Debt Payment Delay which states that the assets (Activa) of the debtor are still larger. of obligations (liabilites) so as to ask the Court to revoke the Suspension of Debt Payment Obligations. In addition, it is necessary to know how the legal impact that will be received by debtors and creditors on Decision Number: 53/Pdt.Sus-PKPU/2021/PN.Niaga.Jkt.Pst. This study applies a normative juridical research method that makes court decisions as primary legal material and occupies a position after legislation. The primary legal data or materials analyzed in this study are court decisions, namely Decision Number: 53/Pdt.Sus-PKPU/2021/PN.Niaga.Jkt.Pst dated April 12, 2021 and Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations. Based on this research, it can be concluded that the application submitted by the debtor in the revocation of the Suspension of Debt Payment Obligations is appropriate because the revocation of the Suspension of Debt Payment Obligations is carried out by the Court based on the provisions stipulated in Article 295 Paragraph (1) of Law Number 37 of 2004 concerning Bankruptcy and Postponement Obligation for Payment of Debt, so that the Central Jakarta District Court has the authority to revoke the Suspension of Obligation for Payment of Debt at the request of the debtor.Keywords: Postponement of Debt Payment Obligations; Revoke PKPU; Bankruptcy; Commercial Court.
Interpreting the Material Requirements of Recidivism: Realizing Restorative Justice in the Police Force Achmad Fauzi; Rena Yulia; Ferry Fathurokhman; Muhammad Iqbal Ramadhan
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.v23i3.18747

Abstract

The implementation of restorative justice in the Indonesian Police Force is conducted by settling the case in the preliminary investigation and investigation stage. There are material requirements that should be fulfilled one of which is that the case is not a recidivism based on a verdict. In practice, this requirement remains unclear. For instance, an issue will arise when a perpetrator who committed a theft then settled with a restorative justice mechanism in a police station but then caught for committing another theft. The problem that emerges is whether the second offense can be still solved by restorative justice in police stations. Considering that one of the material requirements is that the case is not a recidivism according to the court’s verdict whilst restorative justice settlement is not counted as a verdict. This issue requires reinterpretation so that the implementation of restorative justice can provide justice for all parties. The purpose of this research is to re-interpret clearly material requirements in terms of not repeating criminal acts based on judicial decisions for the future implementation of restorative justice in the police station. The research method employs a normative juridical with cases approach whilst the data is analyzed descriptively to describe the material requirements in the form of not repeating a crime based on a court decision in the police stage. The results of the study reveal that in practice repetition of criminal acts must be based on court decisions. The police are still implementing restorative justice for the second criminal act with the condition that the victim and the perpetrator have reconciled. Therefore, it is necessary to deconstruct the meaning of not repeating a crime based on a court decision, so that it is not a repetition of a crime that has been resolved by means of restorative justice in the police. This is so that the recovery goals of restorative justice are achieved. Therefore, it is necessary to deconstruct the meaning of not repeating a crime based on a court decision, so that it is not a repetition of a crime that has been resolved by means of restorative justice in the police phase. This deconstruction is important to achieve restorative justice’s goals.Keywords: crime repetition, restorative justice, Indonesian police force  
Corporate Liability In Child Rights Violations Ahmad Sofian Sofian; Batara Mulia Hasibuan; Anisa Oktavia Perwita Sari; Mark P. Capaldi
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.v25i1.25718

Abstract

This paper aims to explore the liability of the business sector in violations of children's rights that occur in Indonesia. In exploring the issue of liability, the author integrates the case with the principle of rights in business that applies globally known as Children's Rights and Business Principles (CRBP). Then the problem raised in this research is how the attribution of responsibility of the business sector when running its business violates children's rights, how the business sector integrates CRBP in its business to prevent violations of children's rights.  This research is a normative research and the legal materials used are Law No. 35 of 2014 concerning Amendments to Law No. 23 of 2002 concerning Child Protection and Law No. 13 of 2003 concerning Labor. The findings of the research are that national laws do not specifically regulate the liability of the business sector when it violates children's rights. The business sector can only be held accountable in criminal or civil cases that cause harm to children.  Therefore, this study recommends that CRBPs be integrated in the revision of the Child Protection Law and apply liability in the form of criminal or civil or administrative witnesses when violations of children's rights by the business sector occur.
Perlindungan Hukum terhadap Konsumen oleh Perusahaan Pembiayaan Berdasarkan Undang-Undang Nomor 8 tahun 1999 Tentang Perlindungan Konsumen Suyadi Suyadi; Wiwik Yuni Hastuti; Sulistyandari Sulistyandari; Muksinun Muksinun; Sukirman Sukirman
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.v22i3.13142

Abstract

AbstractThis research is entitled “Legal Protection of Consumers by Financing Companies Based on Law Number 8 of 1999 concerning Consumer Protection. The problem studied in this research is the legal protection for consumers by finance companies based on Law Number 8 of 1999 concerning Consumer Protection. The research method in this study uses a normative juridical approach. The results of the study were analyzed using a qualitative normative analysis method. The study results show that consumers have their rights protected, especially in Article 4 letters g and h of Law Number 8 of 1999 concerning Consumer Protection. This study concludes that business actors based on the decision of the Consumer Dispute Settlement Body Assembly to carry out the obligations as stipulated in Article 7 letter (a) of Law Number 8 of 1999 concerning Consumer Protection which determines the responsibilities of business actors. In this case, are Financing Companies must have good intentions in carrying out their business activities and implementing Article 19 of Law Number 8 of 1999 concerning Consumer Protection.Keywords:  Legal Protection, Consumer Protection, Financing Company           
Death Penalty and Right to Life: A Comparison between International Bill of Human Rights and Islam Mahdi Muhammad; Kem Nori Alfath; Yusuf Saefudin
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.v23i3.18390

Abstract

In human history, the death penalty is not a brand-new form of punishment. In early civilizations, it was known and widely used throughout the world. It was legalized in Codex Hammurabi. Contrary to its long history, the view changed radically after World War II. The abolition of it began to be propagated during the Universal Declaration of Human Rights (UDHR) formulation in 1948 due to respect for the right to life. Islam adheres to the fundamental principle that everyone has the right to life, but that does not mean there is no death penalty in Islam. In this research, the problem to be solved is whether the death penalty regulation, according to the International Bill of Human Rights and Islam, has accommodated the right to life. The purpose of it is to find out and analyze which death penalty regulatory regime is more accommodating to the right to life. This type of research is normative juridical research using secondary data consisting of primary and secondary legal materials. The approaches used are statute and comparative approaches. This research shows that the right to life is thoroughly accommodated in the Islamic death penalty regulation, while the abolition of it under the mandate of the International Bill of Human Rights, especially the Second Protocol to International Covenant on Civil and Political Rights, only accommodates the perpetrator right to life of the perpetrator by ignoring many people right who could potentially be taken away if they are not sentenced to death.Keywords: right to life, death penalty, Islam.

Page 17 of 25 | Total Record : 243

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