cover
Contact Name
Yusuf Saefudin
Contact Email
yusuf.saefudin12@ump.ac.id
Phone
+6285647946633
Journal Mail Official
kosmikhukum@ump.ac.id
Editorial Address
Jl. K.H. Ahmad Dahlan, Purwokerto, Jawa Tengah Indonesia, 53182
Location
Kab. banyumas,
Jawa tengah
INDONESIA
Kosmik Hukum
ISSN : 14119781     EISSN : 26559242     DOI : 10.30595/jkh
Core Subject : Social,
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
Tindak Pidana Kekerasan Seksual dan Perlindungan Hukum bagi Korban Kekerasan Seksual di Indonesia Yusuf Saefudin; Fatin Rohmah Nur Wahidah; Rahtami Susanti; Luthfi Kalbu Adi; Prima Maharani Putri
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.v23i1.17320

Abstract

This study aims to describe the various forms of acts that fall into the category of criminal acts of sexual violence. In addition, this research is directed to comprehensively examine what forms of legal protection for victims of sexual violence in Indonesia have been specifically regulated in Law No. 12 of 2022 concerning Criminal Acts of Sexual Violence. Therefore, this research is designed using the normative juridical method. Where the main data comes from laws and regulations, legal concepts related to sexual violence. The approaches used are statute approach and conceptual approach. The results showed, first, there are twelve types of sexual violence criminal offenses regulated in the TPKS Law. Second, Victims are entitled to Handling, Protection, and Recovery since the occurrence of Sexual Violence Crimes. Meanwhile, victims with disabilities are entitled to accessibility and reasonable accommodation for the fulfillment of their rights in accordance with the provisions of laws and regulations.Keywords: Legal Protection, Sexual Violence, Victims of Sexual Violence.
Malaysia’s Indisputable Sovereignty Over Sabah Hazmi Mohd. Rusli; Mohd Ridwan Talib; Rahtami Susanti; Ika Ariani Kartini
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.v23i3.18890

Abstract

On Jan 22, 1878, an agreement was signed between the Sultan of Sulu with two British agents, Alfred Dent, and Baron von Overbeck, ceding North Borneo to the British in return for the payment of cession money of 5,000 Malayan dollars annually to the Sultan. The payment was increased to 5,300 dollars per year when nearby islands from Banggi Island to Sibuku Bay were also ceded. Sabah was briefly placed under Japanese rule during World War II and later reverted back to British rule upon Japanese surrender in 1945. Sabah remained a British crown colony until it gained independence within Malaysia in 1963. As a component state of the Federation, Malaysia has invested billions of Ringgit to develop Sabah, establishing a working government to administer this territory. The heirs of the forgone Sulu Sultanate have not done much to display that they are in fact the sovereign rulers of Sabah. This article discusses on the recent issue pertaining to the ‘Sulu state arbitration’ requesting Malaysia to pay compensation to the heirs of the Sulu Sultanate for exercising sovereignty over Sabah from the purview of international law and state sovereignty.  The heirs of the defunct Sulu Sultanate are adamant that Sabah is still ‘part of their territory’. This article concludes that Sabah is recognized globally as part of Malaysia, in no way Malaysia is obliged to entertain claims of descendants of a long-lost sovereign. As a full member of the United Nations, Malaysia is an independent sovereign state and its sovereignty over Sabah must be respected.Keywords: Sabah, State Sovereignty, International Law, Territorial Integrity, Federation of Malaysia, Sultanate of Sulu
The Ideal Concept of Integrated-Based Ngrenehan Coastal Management for Community Welfare (Integrated Coastal Zone Management Approach) Berliant Pratiwi; Sunarno Sunarno; Izzy Al Kautsar
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.v22i3.13185

Abstract

This study examines the ideal concept of integrated-based coastal area management for community welfare. This study aims to analyze the management of coastal areas at Ngrenehan Beach and describe the ideal concept of managing coastal areas at Ngrenehan Beach with an ICZM approach in the future. This study uses a legal, social research method with a conceptual approach. The results of this study are (1) the Kanigoro village government provides solutions in the form of public policies that reflect the integrated management of coastal areas based on the tourism economy, community empowerment, and a sustainable environment; (2) elements of human resources, village infrastructure, and stakeholder communication are still problems that need solutions related to optimizing their implementation. These three elements are the principal basis of an integrated-based management pyramid. If these elements have not been implemented optimally, it is feared that the process of village development and development to become an empowered and civilized village will be hampered.
Marriage Appreciation Trust Viewed From Indonesian Positive Law Rafiqa Sari; Tiara Ramadhani; Darwance Darwance
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.v23i2.17343

Abstract

Indonesian society is the society it consists of from various ethnicity, nation, culture, religion and beliefs are diverse . Indonesian citizen, deep matter implementation his marriage subject to Law No. 1 of 1974, however only for people whose religion and beliefs recognized by the state. Objective from study This is analyze validity marriage devout trust seen from regulation the prevailing laws and regulations in Indonesia. Study This done with use method law normative through studies library. The resulting research results is after legalized Regulation Government Number 40 of 2019 concerning Implementation Constitution Number 24 of 2013 concerning Administration Population. So that he admitted marriage devout trust in Indonesia in law positive, with implementation marriage through procedures that have determined in regulation legislation. Is one _ proof that law positive in Indonesia, admitted existence devout trust after exists decision court Constitution.Keywords:  Marriage, Appreciation Trust, Positive Law
Critique of Intellectual Property Law Supervision and Policy: Towards a Structured System in Indonesia Nurwati Nurwati; Radif Khotamir Rusli; Martin Roestamy; Adi Rahman Nur Ibnu
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.v25i1.25148

Abstract

Intellectual property (IP) law plays a crucial role in fostering innovation, creativity, and economic growth by safeguarding intellectual assets such as inventions, trademarks, and artistic works. However, the rapidly evolving technological landscape, globalization, and the rise of digital platforms have exposed significant shortcomings in existing IP legal frameworks. Key challenges include inconsistent enforcement mechanisms, fragmented legal systems, online piracy, and insufficient stakeholder awareness, particularly in developing economies. Despite attempts at reform, IP policies often remain reactive and disconnected, limiting their ability to address cross-border complexities and technological advancements effectively. This study critically evaluates the current state of IP law, identifying gaps and proposing solutions for a cohesive, proactive framework. Employing a normative legal approach, it examines statutory provisions, case law, and policy documents, with key references including the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), WIPO standards, and regional agreements. Comparative analyses of the US, EU, and Japan provide insights into best practices and highlight policy deficiencies. The findings underscore five critical issues: weak enforcement mechanisms, fragmented legal frameworks, digital challenges, low stakeholder awareness, and gaps in international cooperation. The study advocates for harmonized enforcement strategies, increased stakeholder education, and strengthened cross-border collaboration. These recommendations aim to establish an adaptive IP system aligned with technological progress, fostering global innovation and effectively protecting creators and businesses.
Sexual Intercourse with a Corpse as a Crime Against Society and the Urgency of Its Regulation in the New Penal Code Erdianto Effendi; Rena Yulia; Heni Susanti
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.v24i3.22489

Abstract

Murder in criminal law has been regulated in detail, but the actions after murder have not been regulated in such a way. So that the perpetrator is only charged with murder when there are other actions that have different elements. For example, mutilation, intercourse with corpses, and even eating corpses. This paper will examine the acts committed against a corpse after murder, namely intercourse with a corpse. The study is conducted on articles in the New Criminal Code. The purpose of this study is to find out how the New Criminal Code regulates the act of intercourse committed against a corpse after being killed as a response to the development of human actions today. The research method used is normative legal research with a case approach. The result of this research is known that the New Criminal Code does not regulate intercourse with corpses, but only regulates interference with funerals and corpses. This article focuses more on the corpse that has been buried and the destruction of the grave. Regulations regarding corpses that are molested, sodomized or mutilated and eaten after being killed have not been regulated. In fact, these acts currently occur frequently. The act of copulation with a corpse is committed after the victim is killed and before the victim is buried. These acts can be different from the interference with funerals and corpses as referred to in the New Penal Code. 
Norma Perlindungan dan Kesempatan Kerja Bagi Lansia Potensial Ditinjau dari Asas Kepastian Hukum, Keadilan, dan Kemanfaatan Murti Pramuwardhani Dewi
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.v23i1.15463

Abstract

This study aims to analyze the norms of protection and private employment opportunities for the Potential Elderly (elderly) in terms of the principles of legal certainty, justice, and benefit. The research on the norms of protection and employment opportunities for the elderly in terms of the principles of legal certainty, justice, and benefit is normative. Normative research was conducted by examining library materials (secondary data). The secondary data consists of primary and secondary legal materials using document studies. The results of this study were then analyzed qualitatively and presented in the form of a descriptive-analytical journal manuscript. Based on the results, can be concluded that the regulations of the norms of protection and employment opportunities for the Potential Elderly in private companies have not provided legal certainty and benefit, but have provided justice for the elderly to obtain job opportunities and services to improve their welfare.Keywords : Protection, employment opportunities, potential elderly
Conflicts as a Result of Land Measurement Errors Case Study: Land Ownership of the Former Mayor of Semarang Sudjito Sudjito; Tatit Hariyanti; Labib Muttaqin; Hengki Firmanda; Rosa Nikmatul Fajri
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.v24i1.19648

Abstract

This study explores a case that occurred on land owned by the former mayor of Semarang, Sukawi Sutarip. On land, land measurement errors occur and land ownership overlaps with other people's ownership. Conflicts between adjacent landowners were inevitable. This study aims to determine the chronology of the conflict, the causes of land measurement error and the legal consequences. This research is juridical-normative in nature, meaning that the truth of statements is measured based on positive legal norms. The data analysed is limited to secondary data collected from the internet. Data were analysed qualitatively. The results showed that it was true that there were errors in land measurement and the main causal factor was due to unprofessional officers; and give rise to legal conflict in the court. The legal consequence is that the certificate becomes legally and administratively flawed.Keywords:    Conflict, Land, measurement, administrative flaw
Bunga Bank Perspektif DSN-MUI dan Fatwa Majelis Tarjih dan Tajdid Muhammadiyah Kamto Kamto
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.v22i3.15648

Abstract

The prohibition of bank interest has been widely discussed in recent times and is also the conclusion of various conferences, scientific seminars, and decisions in several fields, including research institutes in various parts of the Islamic and non-Islamic world. With this prohibition, Allah certainly prepares other things in the form of halal as a replacement. So it is certain that behind the prohibition there are other things that are given by Allah as substitutes that are lawful and good. This is a general rule without exceptions. This study aims to find out what bank interest is and what the law is from the perspective of MUI fatwa and Muhammadiyah fatwa. This type of research is library research with a normative approach and is supported by primary and secondary data in its review. This research provides an answer that in the MUI fatwa what is called bank interest is money interest, so any form in the name of interest whether carried out by institutions, banks, insurance, capital markets, pawnshops, cooperatives or other institutions and or carried out by individuals is called usury and the law is unclean. According to the Muhammadiyah fatwa, what is called riba means addition to the principal capital lent and this addition is binding and agreed upon. However, when what happens is not binding and is not agreed upon, it is not called usury. Unfortunately, the Muhammadiyah Fatwa does not explicitly mention the law of usury, but only recommends dealing with sharia principles. Keywords: Media, in Sharia Banking Disputes, in the Religious Courts
Legal Protection of Consumer Rights in Transactions at TikTok Shop: Unraveling New Legal Insights Sarah Septyaningsih; Mochammad Tanzil Multazam; Bobur Sobirov
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.v23i3.17396

Abstract

Tiktok is one of the choices for social media that has many users today. The use of the Tiktok Shop feature is able to increase consumer interest with practical reasons for purchasing, with an easy payment system and a faster time spent. The purpose of this research is to find out the legal rights and obligations of product owners in transactions at the Tiktok Shop, the legal rights and obligations of consumers in international social media marketplace transactions, to know the laws governing the protection of intellectual property rights and consumers in transactions at the Tiktok Shop, to find out legal issues which often appear in transactions at the Tiktok Shop related to Intellectual Property Rights and consumer protection. The research method used is normative juridical. The results and suggestions of this study explain that consumers and owners of capital must both have their rights protected, especially consumers who are the most vulnerable in transactions at the Tiktok Shop. The need for good faith and implementation of obligations from both parties so that there is no conflict during transactions. Various forms of action taken by consumers and product owners themselves without good faith, means that they are not included in online buying and selling transactions because they are not bona fide.Keywords: Legal Protection, consumer rights, product owner, tiktok shop