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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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Pelanggaran Kode Etik Notaris Yang Bekerjasama Dengan Biro Jasa Elsa Halida Saputri; Siti Hajati Hosein
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.v23i2.15466

Abstract

difficulty getting clients, because people will tend to use the services of the same notary because of the client's sense of trust in the notary. Therefore, it is not uncommon for notaries to use intermediary services in the form of service bureaus to get clients. The research method used is centralized research with a normative juridical nature. The results of this study are notaries who violate the code of ethics in the form of collaborating with service bureaus whose sanctions in the Code of Ethics are in the form of reprimands, warnings, temporary dismissal from the association, and dishonorable discharge from the association. hesitate because of fellow notaries. Furthermore, the deed made with the intermediary of the service bureau will be relegated to a private deed due to the non-fulfillment of the elements of reading by a notary and subsequent signatures by the appearers, witnesses, and also notaries, and interest to the notary. Furthermore, it will be described in the introduction, subtitles, and closing.Keywords: notary, service bureau, deed degradation
Enforcement of Copyright Law on Non-Fungible Token (NFT) Through Smart Contracts Deslaely Putranti; Uni Tsulasi Putri
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.v24i1.18476

Abstract

The emergence of the Non-Fungible Token (NFT) was driven by the transformation of the digital world. NFT is now an investment option for the majority of investors. NFT is a digital asset that defines original artworks, such as a painting, drawing, piece of music, or in-game item, and is maintained in a blockchain-based ledger where the purchasing and selling process is conducted using cryptocurrency. As a form of copyright protection, the presence of NFT as a digital asset is fraught with complications. Digitizing an artwork that is subsequently converted to NFT infringes the original creator's copyright since someone may produce a digital version of another's work without their consent. The existing laws and regulations are yet to govern the ownership of NFTs that infringe the copyrights of others; thus, a solution is required, one of which is by the use of smart contracts. This is normative-juridical research, namely study undertaken by reviewing library resources or secondary sources. This study came into the conclusion that with the present state of technology, smart contracts cannot identify Copyright mistakes that are translated to NFT. Through human intervention, the blockchain network requires the addition of new applications.Keywords: Non-Fungible Token, Copyright, Smart Contract
Kontroversi Pinjaman Online Ditinjau Dari Perspektif Moral Ratna Kartikawati; Soediro Soediro
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.v22i3.15649

Abstract

This research is motivated by the rise of online loan cases, online easy credit loans are currently being favored by the public because the process is easy and very helpful when there is an urgent need, while funds do not yet exist. at the bank. On the other hand, this online loan does not guarantee the confidentiality of customer data and does not protect customers from illegal debt collection practices. The purpose of this study was to obtain findings about the Online Loan Controversy from a Moral Perspective. The research will be conducted with a qualitative approach. The subjects in this study were credit customers in Purwokerto. Subjects were determined based on purposive sampling based on the characteristics of borrowing customers. The data collection method used: (1) in-depth interviews, (2) Focus Group Discussions/FGDs, conducted to collect information about the Online Loan Controversy Viewed from a Moral Perspective, its advantages and disadvantages, as well as important opinions and useful input in evaluating the Online Loan Controversy. Moral Perspective. Data analysis in this study uses an interactive model from Miles and Hubermans through the stages of data reduction, data presentation and verification. Based on the results of research and discussion, it can be seen that the selection of loans in borrowing by consumers is based on the compulsion and urgent need of consumers to fulfill their daily needs. These actions are actions that are not based on moral considerations, consumers do not consider on the basis of right and wrong, inappropriate and unfair. can provide loan installments, the consequences that arise are 2 (two), namely; The customer will be given the option to make a loan again with a nominal above the loan and must close the previous loan accompanied by a guarantee that will be agreed upon. Second, the loan will take valuables if the customer is unable to pay the agreed loan installments or if the agreement has stated the object of the guarantee, the guarantee belongs to the loan completelyKeywords: Juridical, Moral Judgment, Online Loas
Judicial Transformation: Integration of AI Judges in Innovating Indonesia's Criminal Justice System Panca Sarjana Putra; Zico Junius Fernando; Bhanu Prakash Nunna; Rizaldy Anggriawan
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.v23i3.18711

Abstract

In the midst of the current digital era, artificial intelligence (AI) technology offers the potential to improve many aspects of life, including in the field of justice. In this context, the idea of integrating AI into the judicial system emerges as one potential solution. AI judges, as a concept, are considered capable of providing more objective decisions, speeding up court proceedings, and reducing the workload of human judges. The purpose of this study is to evaluate the potential and challenges in the integration of artificial intelligence (AI) into the Indonesian judicial system, with the ultimate goal of creating a judicial system that is more fair, efficient, and in accordance with Indonesia's socio-cultural context. This research utilizes normative legal methods by adopting statutory, conceptual, comparative, and futuristic approaches. The nature of this research is descriptive-prescriptive. The data that has been collected is analyzed using the content analysis method. The result of this research is that "AI Judges" has the potential to be a very useful tool in Indonesia's criminal justice system in the future. However, the integration of AI must be done carefully, taking into account all the benefits and risks, and ensuring that justice and humanity remain at the core of the system. In addition, inter-sectoral cooperation and a deep understanding of the local context are key to the success of this integration. In an overall perspective, while AI technology promises greater efficiency and objectivity in the justice system, the essence of humanity and cultural considerations remain irreplaceable aspects. Thus, it is hoped that in the future, collaboration between AI judges and human judges can create a justice system that is more fair, efficient, and in accordance with Indonesia's socio-cultural context.Keywords: Judicial Transformation, AI Intergration, AI Judges, Criminal Justice Reform
Protection of Persons with Disabilities in Armed Conflict in Gaza through the Application of the Distinction Principle Jelita Septiani Aprisal; Agustinus Supriyanto; Samar T.M. Alhaj
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.v25i1.22614

Abstract

Protection for people with disabilities during armed conflict in Gaza must prioritize the application of the Distinction Principle in international humanitarian law. The Distinction Principle ensures that military attacks are directed only at legitimate military targets, not at civilians, including those with disabilities. Therefore, it is crucial to examine how protection for people with disabilities in Gaza with the application of this principle can be enhanced, and discuss the prospects of regulations governing this issue in the future. The research method employed is normative legal research, utilizing both statutory approach related to the issue and conceptual approach focusing on the Distinction Principle. People with disabilities in Gaza face significant challenges in accessing healthcare, evacuation, and humanitarian aid. Consistent and stringent implementation of the Distinction Principle is essential to ensure their protection from the adverse effects of war. Concrete steps such as improving military training, monitoring violations, and enforcing these principles are necessary to strengthen their protection. Overall, protection for people with disabilities in Gaza is a global humanitarian responsibility that requires collective commitment to ensure compliance with international law and improve the living conditions of people with disabilities amidst armed conflict. 
Indonesian-British Strategic Partnership in the Perspective of International Treaty Law Winsherly Tan; Neha Aswin Maysura
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.v23i3.17386

Abstract

Countries must interact with other nations or international organizations in order to meet their diverse needs. Countries and countries, countries and international organizations, or one international organization and another international organization can all engage in international relations. One of the forms of international agreements carried out by a country is bilateral cooperation. Among the many countries that have cooperated with Indonesia, one of them is UK, a country that has had a long-standing partnership with Indonesia for approximately 70 years. The research method applied in this study is the normative legal research method. This method is used to describe how the law, particularly international agreements, perceives the bilateral partnership between Indonesia and UK. The ‘conceptual approach’ is chosen to provide insights into the analysis of the strategic partnership between Indonesia and UK. Additionally, various aspects and legal concepts underlying this partnership are analyzed in this research, including the Law Number 37 of 1999 regarding Foreign Relations and the Law Number 24 of 2000 regarding International Agreements. The results of the study show that the implementation of the cooperation agreement between Indonesia and the United Kingdom is in accordance with the two fundamental principles of international agreements according to Kartasasmita, the implementation of the agreement between Indonesia and England also fulfills several theories of the factors in the occurrence of international cooperation, including advances in technology; Economic progress and development; and There is awareness and willingness to negotiate.Keywords: International Agreement, Bilateral, Indonesia-UK 
Judicial Review of Presidential Threshold Decisions: The Dynamics of Constitutional Injury Achmad Zuhdi; Serhii Ablamskyi; Arya Anggara
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.v25i1.24476

Abstract

This study examines the Dynamics of Constitutional Injury Interpretation by the Constitutional Court in the Judicial Review of the Presidential Threshold Law, focusing on how the Court’s interpretation of constitutional harm has shifted in relation to granting legal standing to individual applicants. Historically, individual citizens have held the right to challenge laws they believe infringe on their constitutional rights. However, recent rulings show a shift where the Court restricts legal standing, allowing only political parties to challenge the Presidential Threshold Law. This restriction is based on two main reasons: changes in the electoral system, which now directly involves political parties, and the notion that voters’ increased knowledge diminishes the need for individual challenges. The study aims to critically assess whether these reasons hold sufficient weight to limit individual participation. Through a normative legal approach utilizing case and statutory analysis, findings reveal that limiting individual participation undermines democratic legitimacy, as the cited reasons lack substantive grounds to justify the restriction on individual legal standing in the constitutional review process.
Application of the Principle of Transparency in the Law Enforcement Process (Analysis of the Vina Cirebon Case) Devi Rakhmatika
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.v24i2.22714

Abstract

In 2016, the murder cases of Vina and Eky in Cirebon occurred, where both were victims of murder and abuse by a group of motorcycle gangs. The case revealed that 11 people were named as suspects, with eight of them receiving prison sentences. However, three other suspects are still on the wanted list. The public questioned the credibility of the police in handling this case. Transparency in law enforcement in Indonesia is essential, which means publicly accessible information about the processes and outcomes of government administration. This transparency also includes criminal investigations by the police who must issue an online notice of progress of investigation (SP2HP). However, there are eight types of information that are exempt from being confidential, including the identity of victims and witnesses. In the handling of Vina's case, the victim's family felt that they did not receive adequate transparency, as it was difficult to obtain information on the progress of the case and access to evidence such as Vina's cell phone. After eight years, the public demanded the arrest of DPOs, but the police announced that only one suspect was at large, leading to doubts and speculation in the community. In conclusion, applying the principle of transparency in law enforcement is crucial to achieving substantive justice. In Vina's case, the lack of transparency made the public doubt the credibility of law enforcement and complicated the resolution of the case. Law enforcers must adhere to established moral values and standard operating procedures (SOPs) to maintain institutional integrity and provide the information needed by the victim's family in accordance with their rights under the law.Keywords: Principles of Openness/Transparency, Law, Crime
Law Enforcement Against Environmental Pollution by Vehicle Exhaust Emissions Rahayu Subekti; Davin Gerald Parsaoran Silalahi; Dhiwa Arya Purbadi; Rismoyo Kurnia Sangkara
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.v23i1.15306

Abstract

Enforcement of environmental laws relating to emissions from motor vehicle exhaust It is clear from the laws and regulations that the Ministry of Transportation is authorized to act as the implementing agency for periodic motor vehicle inspections and emission testing. The use of motorized vehicles contributes to air pollution which hinders the management and protection of the environment. There are many types of environmental pollution, but in particular air pollution has far-reaching detrimental effects and has a significant impact on environmental quality. By using normative legal research methods and literature studies, namely research that looks at document studies, there are several regulatory matters, including Article 206 of Government Regulation Number 22 of 2021 concerning the Implementation of Environmental Protection and Presidential Regulation (Perpres) No. 55 of 2019 concerning the Acceleration of the Battery Electric Vehicle Program for Road Transportation. One of the causes of environmental pollution, especially in the air, is the use of vehicles that use oil (fuel). Electric vehicles are currently the solution to developing environmentally friendly technologies. The government's efforts are carried out by completing emission tests and developing electric vehicles that affect both the environment and vehicle health.Keywords: Law Enforcement, Environment, Emissions, Electric Vehicles
Urgency and Challenges of Illicit Enrichment Regulation in the Draft Law on Asset Forfeiture in Indonesia Putra Andika; Suparji Ahmad; Anis Rifai
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.v24i1.19577

Abstract

The enforcement of laws regarding illicit enrichment, as part of the effort to combat corruption, presents a significant challenge in many countries. Commitment to preventing this crime involves the enactment of legislation that criminalizes illicit enrichment and prescribes criminal penalties. The importance of passing the Asset Forfeiture Bill and enhancing the AntiCorruption Law, including provisions addressing illicit enrichment, is paramount. The objective of this research is to underscore the significance of incorporating provisions on illicit enrichment in the Asset Forfeiture Bill as a solution to economic crimes, particularly those involving public officials unable to account for the origins of their wealth. The research methodology employed is normative legal research with three approaches: legislative analysis, conceptual analysis, and comparative analysis. The research findings indicate that regulations concerning illicit enrichment require improvement to consider the principle of equality before the law, particularly the rights of the accused in court. Without such considerations, the implementation of the Asset Forfeiture Bill can be susceptible to abuse and may not act as a deterrent for public officials to avoid economic crimes. Some officials have also exploited legal loopholes within these regulations. To enhance its effectiveness, amendments, and refinements to the Asset Forfeiture Bill are necessary to address these weaknesses. This will help establish a fair legal system, prevent the abuse of power by public officials, and improve the effectiveness of combating corruption and economic crimes that harm the state.Keywords: Illicit enrichment, Corruption Criminal Act, Asset Forfeiture. 

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