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Yusuf Saefudin
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Jl. K.H. Ahmad Dahlan, Purwokerto, Jawa Tengah Indonesia, 53182
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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 295 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.
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.
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.
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.
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.
Gender Equality Implementation in Women’s Legal Cases in Religious Courts Dede Kania; Siti Nur Fatoni; Hazar Kusmayanti; Vienka Rahmanillah
Kosmik Hukum Vol. 25 No. 2 (2025)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v25i2.25472

Abstract

This article analyses the implementation of the Supreme Court Regulation Number 3 of 2017 concerning Guidelines for Trial of Cases Involving Women Facing Legal Challenges (which is then written as SC Reg. 3/2017) in Religious Affairs Courts. This regulation provides a guideline and serves as a reference point for judges which helps them to better understand and implement the principles of gender equality and non-discrimination in hearing and trying a case involving women. This study employs juridical-empirical approach method and purposive sampling as the data collection technique in interviewing several judges at multiple religious affairs courts in Java Island, as well as in literature review. The result of this study shows that judges at religious affairs courts have adopted Supreme Court Regulation Number 3 of 2017 (hereinafter, SC Reg. 3/2017), although in their practices, even after four years since the enactment, there still isn’t any consensus or shared views amongst judges in implementing matters such as post-divorce women’s rights, especially regarding verstek (in absentia) judgment. However, several religious affairs court judges have shown a good understanding of equality between men and women, indicated by judgments that favours women. Religious court judges in their ex officio capacity may grant rights to divorced wives, even if they are not requested.
Potential Abuse of Unaccountable Management of One-Person Company in Banking Loan Agreement Budiyono Budiyono; Yeti Sumiyati; Ahmad Syauqi Suhada; Ratna Januarita; Syuhaeda Aeni Mat Ali
Kosmik Hukum Vol. 25 No. 2 (2025)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v25i2.25522

Abstract

One of the new legal subjects in Indonesian corporate law based on Law Number 6 of 2023 on the Stipulation of Government Regulation in Lieu of Law Number 2 of 2022 on Job Creation into Law (Job Creation Law) is a One-Person Company (which is then written as OPC), which is a legal entity that meets the criteria of micro and small businesses. This review aims to analyse the management mechanism of an OPC under the Job Creation Law, which is linked to the Principle of Accountability in banking credit agreements. The management mechanism of a One-Person Company under the Job Creation Law is unclear, namely the ambiguity of the definition and functions of the company's organs, which is only centered on one shareholder, concurrently as the organ that runs and supervises the company, so that the management of an OPC becomes unaccountable. The unaccountable management mechanism of an OPC has the potential to abuse the authority of the company's organs. In a banking credit agreement entered into by an OPC, this can occur at the stage of the credit application process and the execution of the credit agreement. At the credit application stage, the absence of a Board of Commissioners in an OPC has the consequence that the decision on the credit application plan is only in the hands of one organ only, namely the shareholder, who is one person, who also doubles as a director of the company through a Shareholders' Resolution. There are no other organs that can be asked for consideration and or approval related to credit applications that are in accordance with the needs of the company. Meanwhile, at the stage of implementing the credit agreement, there is no other organ that carries out the function of supervising the use of credit and the obligation to submit periodic financial reports to the bank, in accordance with the positive/affirmative covenants agreed in the credit agreement.
Promoting Responsible Vehicle Ownership to Prevent Underage Driving and Motorcycling: A Legal Solution for Indonesia Tantimin Tantimin; Febri Jaya; David Tan; Winda Fitri
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.v25i1.25541

Abstract

This study aims to address and ultimately find the solution to the phenomenon of underage driving and motorcycling in Indonesia. The continued rise of vehicle ownership has also increased the risks of traffic accidents, which are then exacerbated by the phenomenon of underage driving and motorcycling. Ultimately, this has raised the urgency to thoroughly analyze the causes behind this phenomenon and explore other legal angles to curb this problem and increase the safety of all road users. Through the normative legal research method with statutory approach, this study finds that there are normative inadequacies within the relevant legal framework to tackle the issue of underage driving and motorcycling. This study also proposes a strategy to help tackle this problem by focusing on holding vehicle owners more accountable with a structured penalty system directly to the owners of the vehicles, as they are enabling this dangerous behavior.
School Transfer to Support Reintegration of Juveniles Involved in Inappropriate Photo-Sharing Ampuan Situmeang; Rufinus Hotmaulana Hutauruk; Abdurrakhman Alhakim; Emiliya Febriyani
Kosmik Hukum Vol. 25 No. 2 (2025)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v25i2.25550

Abstract

One the negative usages of digital technology is the sharing of inappropriate photo to someone online. However, as social media users are often the target of doxing, young persons who commit this offense can also be considered victims, leaving them vulnerable to bullying, especially in their own environment, such as school. Using normative legal research method and statutory approach, this research analyzes the potentials of school transfer as a post-criminal proceedings method for juveniles who commit sexual offense in the form of inappropriate photo-sharing, to first get them to an environment safe enough for them to be educated on their mistakes in another school, which is important for their growth. This study identifies normative gaps within the Juvenile Justice, Pornography, and Education Laws that hinder the reintegration of juveniles involved in online sexual offenses, proposing school transfer as a mitigative strategy against bullying and harassment. It emphasizes the need for further research to address implementation challenges, underscoring the importance of a holistic restorative justice approach.
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.

Page 2 of 30 | Total Record : 295

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