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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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Legal Protection of Children’s Rights in Conflict With The Law From Power Intervention Asmak Ul Hosnah; Weldy Jevis; Henny Nuraeny; Asmida Ahmad
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.v25i1.24967

Abstract

This study aims to examine the legal protection of the rights of children in conflict with the law, particularly in preventing power intervention within the juvenile criminal justice system in Indonesia. The background of this research is based on the prevalence of injustices faced by children due to weak oversight in the implementation of regulations, such as Law Number 11 of 2012 on the Juvenile Criminal Justice System and Law Number 35 of 2014 on Child Protection. The main issue raised is the gap between legal norms and their practical application in the field. The research methodology employs a normative and empirical juridical approach. Data were collected through document studies, in-depth interviews with law enforcement officers, children's families, and legal experts, as well as case study analyses, such as the case of Vina Dewi Arsita in Cirebon. The findings reveal instances of power abuse that harm children and highlight the weak implementation of restorative justice and rehabilitation principles within the juvenile criminal justice system. This study recommends a more effective legal protection model based on restorative justice, involving collaboration between law enforcement, government, families, and communities. It is hoped that this model will enhance transparency, justice, and the protection of children's rights.
Legalization of Village-Owned Enterprises to Improve the Community Economy in Central Maluku Regency Sherlock Halmes Lekipiouw; Hendrik Salmon; Michael Rolando Singkery; Natanel Lainsamputty
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.v24i3.21529

Abstract

Law Number 6 of 2014 concerning Villages has become a comprehensive regulation regarding villages. In contrast to Law Number 32 of 2004, the regulation on BUMDe in the new Village Law is more comprehensive. BUMDes is still positioned as a village economic organization that has an important role in achieving the welfare of the community, villages, and village governments. The purpose of this study is to study and analyze the Legalization of Village-Owned Enterprises as a Means of Improving the People's Economy in Central Maluku Regency and to study and analyze the Legalization of Village-Owned Enterprises Can Improve the People's Economy in Central Maluku Regency. The research method is sociolegal with a regulatory approach and observation as well as interviews with the Tananahu government and the Central Maluku Government. The results of the research show that Tananahu's Owned Enterprises have not yet had legality through village regulations, even though their businesses have been petrified in increasing village income. So it is necessary to legalize Tananahu -owned Enterprises and also in villages in Central Maluku Regency.
Professional Liability Insurance as an Alternative to Notary Legal Protection from the Legal Consequences of Insolvency Related to Errors in Making Authentic Deeds Natasya Riesta Sivapramesti
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.v23i1.14942

Abstract

According to Law 2 /2014 concerning amendments to Law 30/2004, notaries are public officials who have the authority to make authentic deeds and other authorities. Furthermore, authentic deeds are evidence with perfect strength in court, as long as it complies with the regulation. Therefore, a notary's mistakes in doing an authentic deed can cause loss to the service user. The notary can be sued for compensation and insolvency if they cannot compensate for those losses due to their financial limitation. This issue raises questions regarding the legal impacts of an insolvency decision on a notary and whether professional liability insurance can protect a notary from the legal impact of an insolvency decision on a notary. From this normative juridical research, the authors conclude that first, insolvency causes a notary to their position as a public official, and second, a notary can use professional liability insurance as a risk transfer mechanism. Keywords: insolvency; liability; insurance; law; notary.
Indonesian Employment and Labor Policy: A Pancasila Perspective Syuhada, Otong; Razali, Rodziana Mohamed
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.v24i2.19390

Abstract

The aim of this research is to examine and analyze how the Pancasila legal state concept treats labor as the most important part of the national development process. The existence of workers in the national development process has a strategic and decisive position; without workers, it is impossible for a development plan to be implemented well. In Employment Law No. 13 of 2003, workers are placed as actors of development as well as development goals. The meaning of this sentence is that workers are not only involved in the development process but also as parties who are obliged to enjoy the results of development. The method used in this research is sociological juridical with a legal approach and a conceptual approach, while the data used is secondary data, which includes material. primary legal materials, secondary legal materials, and tertiary legal materials. From the research results, it was found that there is a gap in the implementation between the concept of the Pancasila rule of law and the reality that occurs in the world of work. The rights of workers as human beings are often neglected. It is difficult for workers to achieve a prosperous life because the wages they receive cannot meet the needs of a decent life, so the concept of just and civilized humanity has not been achieved by workers. Based on these conditions, researchers recommend that the government immediately take concrete steps to overcome the problem of disparities in workforce welfare.Keywords: Employment, Labor Policy; Pancasila
Analysis of Digital Legal Acceptance based on the Technology Acceptance Model 3 (TAM3) Siti Nur Azizah; Hermin Endratno; Harjono Harjono
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.v22i3.15647

Abstract

This study aims to analyze the acceptance of the PeduliLindungi application from a public perspective using the Technology Acceptance Model (TAM) concept. The government requires the PeduliLindung application to track community activities through the Decree of the Minister of Communication and Informatics No. 171 of 2020. The Indonesian government hopes that this application records the mobility of infected patients and becomes a solution to reduce the transmission of COVID-19. However, PeduliLindungi is a new application that developed after the pandemic. Thus, the user acceptance of this app is questionable. This is a survey analysis from 102 respondents using Structural Equation Model-PLS. The results found that perceived usefulness, system failure, and social influences affect the user intent of the PeduliLindungi app while perceived ease of use is not. This app was applicable to record individual movement as virus prevention in the future. This is a contribution to theory and practice in economics and business. In theory, this research provides a new and more comprehensive view of fundamental human behaviour idea. In practice, this research is able to measure the effectiveness of government regulations in responding to an unexpected global crisisKeywords: Behavioral Intention, Technology Acceptance Model, PeduliLindungi App
The Phenomenon of Unregistered Marriages: Problems and Solution Desmal Fajri; Felti Novira
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.v23i2.18113

Abstract

In 2022 there are 20 marriages in Batu Gajah Village, 11 or 55 percent of marriages are not registered and 45 percent of marriages are registered. According to the applicable laws and regulations, a marriage is valid if it is registered. Marriages for people who are Muslim are registered at the Office of Religious Affairs and for non-Muslims at the Civil Registry Office. This study aims to analyze the factors that cause marriages not to be recorded in Nagari Batu Gajah. This study uses an empirical juridical approach, which is a research approach to secondary data first and then continues to conduct primary data research in the field. Primary data was obtained through interviews with a Ninik Mamak as a community figure and 10 undocumented marriages. Then the empirical data were analyzed descriptively and qualitatively. Based on the results of the study, the factors causing marriages not to be registered in Nagari Batu Gajah were age, cost, pregnancy out of wedlock, access to the KUA office that was far away, polygamy, understanding of the rules, elopement, pregnancy out of wedlock and did not get permission from the Ninik Mamak. Then the way to deal with unregistered marriages is to socialize to the community by the Office of Religious Affairs regarding the marriage law and improve road access to the Office of Religious Affairs and the community must comply with local customary norms.Keywords: Marriage, Unregistered Marriage, Religious Affairs Office 
Legal Pluralism and Inheritance Rights: Resolving Conflicts Between Local Customs and National Law in Indonesia Hilman Syahrial Haq
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.v25i1.23727

Abstract

This study describes efforts to resolve the conflicts of local and national law on the customary inheritance practice of the Sasak community. This research was conducted in several areas on the island of Lombok, namely Sade Hamlet, Teruwai Village, Penujak Village, and Bayan Village by using data collection methods in the form of library studies, interviews, and observations to then be analyzed qualitatively through a case approach, legislation, and history. The result obtained that the local law conflict and the national law in the practice of the Sasak community customary inheritence motivated by the difference woman's position in the strata customary inheritence based on the jurisprudence remains the supreme court number 179K/SIP/1974 and number 1589K/SIP/1974 with the concept of Sasak community inheritance which has patrillineal characteristic. Permanent jurisprudence requires that the daughter and son of an heir are jointly entitled to the inheritance in the sense that the son's share is the same as the daughter's, while the traditional inheritance of the Sasak community places sons as heirs to their parents' throne (anaq prangge) so that property in the form of houses, gardens, rice fields and livestock will be passed down to the sons, while the daughters only receive property stored in the house, such as jewelry and beads as provisions for her marriage life. This reality might be caused some latent and manifest conflict which can be ended in the court. Therefore, a continuous dialogue is needed by reviving the community mediation such as krame dese or bale sangkep as a means of finding an ideal final format which is acceptable to all parties so that legal convergence occurs between the two legal systems in the traditional inheritance practices of the Sasak community.
Disparitas Pemidanaan Terhadap Pelaku Permufakatan Jahat Melakukan Tindak Pidana Narkotika dalam Prespektif Tujuan Hukum Muhammad Rusli Arafat; Sigid Suseno; Widiati Wulandari
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.v23i2.18361

Abstract

Law enforcement against narcotics trafficking is certainly a significant element in efforts to eradicate narcotics crimes. So it is interesting to observe the extent to which the perpetrators who cooperated in committing criminal acts of buying and selling narcotics were arrested, prosecuted and tried. This study aims to answer the problem of accountability of each perpetrator who cooperates in committing a criminal act of buying and selling narcotics and regarding the occurrence of criminal disparities in the case of cooperating to commit narcotics crimes by analyzing the legal considerations of the panel of judges, as well as answering the problem of criminal disparities in cases of cooperating to commit narcotics crimes based on the perspective of legal objectives. This research uses normative legal research methods. The results showed that, in the case of criminal acts of buying and selling narcotics with the inclusion of responsibility of the perpetrators, it must be proven whether as a pleger  (the main perpetrator), or  a medepleger (a person who participates). Because if it is not proven in the trial, it will have an impact on the unaccountability of the perpetrator. So the situation does not reflect justice and legal certainty. the concrete form of criminal liability is the imposition of punishment by the Panel of Judges in the form of imprisonment and fines, defendants who commit the same crime or the level of seriousness that can be equalized, are still sentenced to varying or different crimes. So that disparity in conviction becomes a phenomenon of injustice if the judge does not clearly provide a strong reason for distinguishing the sentence for the defendant in the case of cooperating in the criminal act of buying and selling narcotics.Keywords: Disparity, Conviction, Narcotics, Inclusion
Mitigation Effort for Sustainable Mangrove Management Towards a Low Emission Indonesia: Study at Arboretum Mangrove Kolak Sekancil Elly Kristiani Purwendah; Ikama Dewi Setia Triana; Elisabeth Pudyastiwi; Oti Kusumaningsih; Daniel Joko Wahyono
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.v25i1.24595

Abstract

Krida Wana Lestari Farmer Group supports the Indonesian government's policy to reduce carbon emissions as a community obligation to participate in managing the environment, as the purpose of the ratification of the Paris Agreement ( Law Number 16 of 2016 on the Ratification of Paris Agreement to the United Nations Framework Convention on Climate Change). The farmer group successfully built an edu-tourism area, the Segara Anakan Lagoon Conservation Mangrove Arboretum (Kolak Sekancil). This farmer group cultivates and utilizes mangrove products for life and has succeeded in increasing mangrove density in the Cilacap Sea Village Area with an area of approximately 6,2126.28 Ha. Mangrove farming by farming communities is a form of community participation regulated in Article 65 Paragraph (4) Law Number 32 of 2009 on Environmental Protection and Management The legal institution of this community is formally supported by the village government with Village Regulation No. 7 of 2022 concerning Mangrove Ecosystem Management in the Segara Anakan Region of Cilacap.
Cumulation of Marriage Itsbat and Talak Divorce Lawsuits (Case Study Decision No. 5361/Pdt.G/2022/PA.Badg.) Perwitiningsih Perwitiningsih
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.v24i2.20860

Abstract

The civil law that applies in Indonesia does not standardize provisions regarding cumulative lawsuits, especially cumulative lawsuits on marriage itsbat and talak divorce. In Decision No. 5361/Pdt.G/2022/PA.Badg., there is a marriage itsbat and talak application. This normative research that aims to analyze how the provisions in Indonesian legislation regulate the accumulation of itsbat of marriage and talak lawsuit and to analyze the judge’s decision to grant the application for itsbat of marriage, especially unregistered marriages for pregnant women and talak for pregnant woman. This research concludes that the provisions in article 7, paragraph (3) letter (a) KHI can be used as a legal basis for cumulative lawsuits of marriage itsbat and divorce. According to Article 53 KHI, marriages for pregnant women can still held because they have fulfilled the legal requirements for marriage and no statutory provisions have been violated. Article 19 letter (f) Government Regulation Number 9 of 1975 concerning Implementation of Law Number 1 of 1974 concerning jo. Article 116 letter (f) KHI can be taken into consideration by the Panel of Judges when granting the petitioner’s talak divorce application.Keywords: cumulative lawsuit, marriage itsbat, talak divorce

Page 18 of 25 | Total Record : 243

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