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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 to the Auction Winner with Good Intentions of Mortgage Rights on Grosse Minutes of Auction Number 780/14/2019 Ade Muhammad Syamkirana Putra; Siti Kunarti
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.v22i3.13507

Abstract

The government has provided legal protection to auction winners who take part in the auction with good intentions and in line with the rules, including those that are specifically regulated in the Regulation of the Minister of Finance Number 27/PMK.06/2016 concerning Auction Implementation Guidelines. The auction winner of Grosse Minutes of Auction Number: 780/44/2019 felt helpless and burdened by not being able to own the tangible object of what he purchased in the auction because the previous owner or mortgage giver objected to emptying the tangible object voluntarily. This problem made the auction winner burdened to forcibly vacate the tangible object from the auction he won and results in new legal actions. This research was conducted through library research to collect secondary data from primary, secondary, and tertiary legal sources. The owner of the Grosse Minutes of Auction number 780/44/2019, who won this auction and had good intentions, should be provided legal protection. This is done to uphold the principles of justice and give the auction winner legal security over his ownership of the tangible auction objects (land and building) that had been purchased. Article 1977, paragraph 1, of the Civil Code (hereafter referred to as the Civil Code) provides legal protection for purchasers who have good intentions. In essence, this article protects purchasers of movable property. According to Article 1977, paragraph 1 of the Civil Code, whoever controls movable property that is not in the form of interest and receivables that are not required to be paid to the bearer is declared to be the ownerKeywords: Legal Protection, Auction Winner, Grosse Minutes of Auction 
ILO’s Effort against Maritime Labor Crimes: Case of Sexual Harassment on Filipino Women Seafarers Yordan Gunawan; Ahmad Fahmi Ilham Mulloh
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.v23i3.14838

Abstract

The professions of seafarer and mariner are stereotypically associated with men and have a good employee culture. Traditionally, young people have been allowed on a ship so that they may be directed and socialized to live at sea, yet women and minority groups are particularly vulnerable to sexual harassment in the aforementioned work environment. At the level of policy, both of which compel employers to detect and avoid hazards to occupational safety and health in the workplace. Unfortunately, there has been no separate discussion from the general discussion about sexual harassment on the ship. Secondly, law enforcement and policy in this regard are weak, given the different laws that can be proposed in social aspects. Accordingly, the nature of the research led to the application of the normative method. The result of the research is the International Labor Organization’s (ILO) efforts to combat sexual harassment in the work environment and the importance of adopting and ratifying Recommendation No. 206 and Convention No. 190 to provide a clear framework for action and opportunities to build a dignified work environment and free from sexual harassment.Keywords: Sexual Harassment, Filipino Women Seafarers, ILO, 190 Convention 
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.
Abortion in the Perspective of Islamic Law and Health Law Ahdiana Yuni Lestari; Agesti Andriani; Dakum Dakum; Setiyawan Gunardi
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.v24i3.22798

Abstract

Free association is a primary factor that has been observed to significantly influence the rate at which abortion practices are being carried out among teenagers. In Indonesia, the rate of abortion cases was reported to be around 2.5 million, among which 1.5 million were carried out by teenagers due to reasons such as pregnancy outside marriage, conception as a result of rape, or life-threatening cases. Therefore, this study aims to thoroughly examine the perspective of Islamic law and health law related to abortion cases. In order to effectively achieve the stated objective, a normative legal analysis was carried out using the Qur’an, Law Number 1 of 2023, Law Number 17 of 2023, PP Number 28 of 2024, PP Number 61 of 2014, MUI Fatwa Number 4 of 2005, MUI Fatwa Number: 1/MUNAS VI/MUI/2000, fiqh 5 madzhab, as well as the results of previous studies published in journals and other references related to the problem. The analysis results were subsequently examined prescriptively by providing legally correct arguments against legal facts or events. The obtained results showed that abortion permitted according to Islamic law were only spontaneous cases (al-isqathal-dzaty), namely the fetus is miscarried naturally and abortion due to life-threatening emergencies (al-isqath al-darury/al-ilajiy). According to health law, abortion was permitted if there were indications of a medical emergency in the pregnant woman or if pregnancy was a result of rape. The permission to perform an abortion must be given by medical personnel and health workers who have the competence and authority, and the act must be carried out in health service facilities that meet the requirements determined by the Minister of Health. Furthermore, the pregnant woman and her husband must also grant an approval, except in cases where the woman is a victim of rape. This is as stated in Article 61 of Law Number 17 of 2023, Article 116 PP number 28 of 2024, Article 31, Article 35 paragraph (2) of PP Number 61 of 2014, Article 463 paragraph (2), and Article 465 paragraph (3) of Law Number 1 of 2023.Keywords: Abortion, Health Law, Islamic Law
Notary Liability for the Sale and Purchase of PT GEI Shares Made Unlawfully (Study of Decision Number 188 PK/Pdt/2020) Galih Wicaksono
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.v23i2.18320

Abstract

The making of the deed of sale and purchase agreement of the company's shares must follow the legal rules regulated by corporate law. However, in the making of the deed of sale and purchase of shares of PT GEI, there was a fake sale and purchase in which the procedure was carried out without the approval of the general meeting of shareholders and without payment for the sale and purchase. This research aims to analyze the legal responsibilities of notaries. This research is a normative legal research, with statutory, conceptual and case approaches. The data source used is secondary data. Qualitative normative data analysis method. Research results show that: The notary's responsibility for the fake sale and purchase of company shares is the responsibility of the civil aspect and the administrative aspect.Keywords: Responsibility Of Notary, Acts Against The Law
Fertilizer Policies: The implementation in Indonesia Compared to European Countries Ari Kurniawati; Ika Ariani Kartini
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.v24i1.23465

Abstract

AbstractThis 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
Village Land Administration as an Effort to Prevent Agrarian Disputes/Conflicts Sri Wahyu Handayani; Supriyanto Supriyanto; Manunggal Kusuma Wardaya; Wismaningsih Wismaningsih; Weda Kupita
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.v23i1.15651

Abstract

This study criticizes village land administration policies that have not been orderly and firm. This resulted in the emergence of agrarian disputes/conflicts. The village land administration policy has not regulated sanctions if the regulation is not implemented. This normative research is complemented by empirical research using the interview method with village officials and Focus Group Discussion in Jompo Kulon Village, Sokaraja District. Based on the identification of research results with empirical methods in Jompo Kulon Village, it was found that several causes of problems that arise, including the limitations of Human Resources who master technology and do not understand the bookkeeping of land administration, land administration which is still manual, only refers to the Letter C Book so there is a chance for errors. in recording and lack of public awareness to register their land. Based on the results of the Focus Group Discussion, this study offers a solution for the standardization of village land administration records which are carried out digitally to minimize data changes and the existence of rewards and punishments for those who do not standardize the village administration records and encourage village community awareness to register their land through the Land Registration Program. Complete Systematic.Keywords: village land administration; agrarian; dispute; conflict
Optimizing Mediation for Land Dispute Settlements: A Socio-Legal Analysis from Indonesia Soediro, Soediro; Nur’aeni, Nur’aeni; Kartini, Ika Ariani; Dewi, Shintyana
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.v24i3.25953

Abstract

Land disputes are a prevalent legal issue in Indonesia, often arising from conflicting ownership claims among individuals, families, or communities. Mediation has emerged as an alternative dispute resolution mechanism that offers a more efficient, expeditious, and flexible approach compared to litigation. This study aims to examine the key factors influencing the effectiveness of mediation in resolving land disputes in Plaosan Village, Wonosari District, Malang Regency, as well as the challenges faced by the disputing parties. Employing a normative juridical research method with a descriptive-analytical approach, this study integrates both primary and secondary data collection techniques. The findings highlight that the success of mediation is significantly influenced by public awareness, the competence of mediators, and the legal framework supporting mediation practices. Strengthening regulatory mechanisms and enhancing public understanding of mediation are crucial in optimizing its role as a viable solution for land disputes in rural communities.
Legal Challenges and Policy Solutions in the Development of Village-Owned Enterprises Taufik, Moh; Rakhmatullah, Bha'iq Roza
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.
Issues and Solutions of Legal Protection for Marine Mammals in Indonesia Anggita, Leli; Nugraha, Adrian
Kosmik Hukum Vol. 25 No. 2 (2025)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The government has tried to protect marine mammals through Marine Protected Areas (MPA) contained in laws and regulations. However, the lack of conservation areas specifically designed for marine mammals and several counterproductive laws have created problems in efforts to protect marine mammals. This research was carried out using normative legal research methods through literature studies that examined mainly secondary data. Several issues related to the extinction of marine mammals arise due to the lack of protected areas specifically designed for marine mammals, overlapping management institutions, and centralization of power, which makes efforts to manage marine areas complex and challenging to recognize the existence of indigenous peoples. The government can implement several solutions related to this problem, including expanding the conservation areas specifically designed for marine mammals, clarifying and synchronizing any regulations governing institutional authority, and recognizing the existence of indigenous peoples and their traditions.

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