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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 258 Documents
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Compulsory Education as a Fulfilment of Children’s Right to Education Based on the Principles of Non-Discrimination and the Best Interests of the Child Iman, Candra Hayatul; Apriani, Rani; Marpaung , Devi Siti Hamzah; Arafat, Muhammad Rusli
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.v25i2.25883

Abstract

Education is essential for human development, enabling individuals to cultivate their potential through formal learning processes and other socially recognized means. It serves as a transformative tool that shapes human character and broadens knowledge. This study aims to analyze the implementation of policies related to the fulfillment of children's right to education within the compulsory education program in Dongkal Village, Pedes District, Karawang Regency. The research employs a normative juridical approach, examining the application of legal provisions in practice and their role in addressing legal issues within society. A qualitative research method with a prescriptive analysis approach is utilized to critically evaluate the effectiveness of these policies. This study not only assesses the fulfillment of children's educational rights but also contributes to a broader discourse on sustainable development by integrating legal and socio-economic perspectives. The findings of this research provide valuable insights into the effectiveness of compulsory education policies and their implementation at the local level. Furthermore, this study offers recommendations for policymakers to enhance the legal framework governing compulsory education, ensuring equitable access to quality education for all children. By addressing gaps in policy enforcement and aligning educational initiatives with human rights principles, this research contributes to the development of more inclusive and sustainable education policies in Indonesia.
Regulating Prosecutorial Independence and Impartiality in The Indonesian Criminal Justice System Afandi, Fachrizal
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.v25i2.25981

Abstract

This article examines prosecutorial independence in Indonesia by analyzing three key aspects: the status of prosecutors as civil servants, the constitutional position of the Prosecution Service, and the role of prosecutors in the criminal justice system. It applies an interdisciplinary legal research method by reviewing laws, regulations, and relevant theories. Understanding these aspects helps assess whether the current legal framework adequately protects prosecutors from external influence and recognizes them as independent legal actors, similar to magistrates in other jurisdictions. Prosecutorial independence and impartiality ensure fairness in the criminal justice system. In Indonesia, prosecutors work as civil servants, similar to those in many inquisitorial systems. However, the law does not clearly define their role as magistrates with judicial authority. This legal uncertainty makes them vulnerable to political and hierarchical pressure, which can influence their decisions. A strong legal framework must protect prosecutors from external interference and allow them to act independently, as magistrates do in other systems. The findings highlight a critical issue: the law classifies prosecutors as civil servants but does not formally recognize them as independent legal actors. This gap allows political leaders, superiors, and other parties to interfere in prosecutorial decisions. Without strong legal protection, prosecutors struggle to maintain impartiality. This article argues that lawmakers must formally recognize prosecutors as independent legal actors, similar to magistrates. Legal reforms should strengthen prosecutorial independence and prevent undue influence. A clear legal framework will protect prosecutors, enhance public trust, and uphold justice in Indonesia.
Comparative Study of Judicial Pardon in the Substantive Criminal Law and Criminal Procedure Law of the Netherlands and Indonesia: Note to the Draft Criminal Procedure Code Moeliono, Tristam Pascal; Hardinanto, Aris
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.v25i2.26047

Abstract

The ruling on Rechterlijk Pardon (judicial pardon) or passing sentence of guilt without imposing penal sanction is regulated in Article 54 paragraph (2) of Law No. 1 of 2023 concerning Criminal Code.  On the other hand, various academic drafts of the Criminal Procedure Law, and draft of the Criminal Procedure Law dated March 21, 2023, did not contain a ruling on the same. Meanwhile, the draft of criminal procedure code dated February 17, 2025, March 3, 2025, March 15, 2025, and March 20, 2025 mentions this legal institution only in passing. The legal lacunae resulting from this disharmony consequently make it impossible the passing such a sentence in practice.  Numerous legal academic writings on Judicial Pardon can be found written by Indonesian legal scholars, but none seems to focus on the legal history of this institution using primary legal sources and none of those articles refers to most recent draft criminal procedure code. Moreover, those articles still refer to the old criminal code and criminal procedure code draft.  The method used in this research is legal normative, using statutory approach as well as comparative law. The main argument here is that the ruling about judicial pardon should be added into the draft of the criminal procedure code. With the intent to rectify the existing legal lacunae, this article discusses the above shortcomings and addresses the existing disharmony between criminal law and criminal procedural law and how to fill in the legal gaps. The author's main arguments are, taking in consideration the necessity to harmonize substantive and procedural law, first, that the legislature should synchronize-harmonize internally and externally the academic draft of the draft criminal procedure law and with the existing criminal code. Secondly, in the draft criminal procedure code should be added a ruling making the passing of judicial pardon a possibility. Third, to add a ruling obligating judge who pass such sentences to adequately support his/her decisions with arguments. Lastly, to add another ruling elaborating on for what crimes would judicial pardon be allowed and to what extent such sentences would be eligible to be challenged
The Strengthening the Authority of the Public Prosecutor as Dominus Litis an Integrated and Accountable Indonesian Criminal Justice System Henok, Adrianus Herman; Panggabean, Mompang Lycurgus; Saragi, Paltiada
Kosmik Hukum Vol. 26 No. 1 (2026)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v26i1.26249

Abstract

In Indonesia’s criminal justice system, the Prosecutor’s Office holds the primary function as the Dominus Litis (Case Controller), which means the authority to determine whether a case should proceed to the prosecution stage lies entirely with the public prosecutor. As such, the Prosecutor’s Office is a key factor in ensuring the criminal justice process operates effectively, objectively, and in accordance with the principles of due process of law under the Integrated Criminal Justice System (ICJS). The objectives of this research are: (1) to analyses the concept of Dominus Litis in Indonesia’s criminal justice system and compare it with those of other countries, such as France and the Netherlands; and (2) to evaluate the effectiveness of the Prosecutor’s Office as Dominus Litis in Indonesian law enforcement practices, particularly in its relationship with police investigators under the Integrated Criminal Justice System. This research is a literature-based study employing a normative juridical approach with analytical descriptive characteristics. The conclusions of this research are: the Prosecutor’s Office is a key actor ensuring that the criminal justice process operates effectively, objectively, and in accordance with due process of law under the ICJS, and 4 (four) strategies to strengthen the Prosecutor’s role as Dominus Litis such as: enhancing the competency of human resources within the Prosecutor’s Office, strengthening the integrity and independence of the Prosecutor’s Office, strengthening transparency and accountability in the prosecution process and strengthening coordination with other law enforcement agencies.
The Regulatory Dilemma Between Contraceptive Promotion and Criminal Threats in Indonesia Satriana, I Made Wahyu Chandra; Dewi, Ni Made Liana; Nuartha, Kadek Ageng; Suares, Duarte Tilman
Kosmik Hukum Vol. 26 No. 1 (2026)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v26i1.26789

Abstract

Contraceptive devices are important to be socialized to the public to prevent the transmission of dangerous diseases such as HIV and prevent pregnancy to control population growth. Promoting contraceptives can be subject to sanctions under Articles 408 and 410 of the Criminal Code with Category I fines. Therefore, officers experience a dilemma when promoting contraceptives. There is a disharmony of norms (norm conflict) between the Criminal Code and Government Regulation Number 61 of 2014 concerning reproductive health. Based on this, the problem can be formulated, namely: how to regulate actions that promote protection devices from the perspective of Ius Constitutum and how to protect actions that promote contraceptives in the Criminal Code. This type of research is normative legal research, due to the conflict of norms. the results of this research are stated in laws and regulations, including Law Number 52 of 2009 concerning Population Development and Family Development, Government Regulation Number 61 of 2014 concerning reproductive health and in Law Number 1 of 2023 concerning the Criminal Code. This issue is crucial to discuss in order to provide legal protection for contraceptive promotional tools, as the Criminal Code prohibits criminal prosecution because the officer's actions have lost their unlawful nature. This is based on the consideration that their actions, such as demonstrating the contraceptive tools, constituted the fulfillment of a state-mandated duty within the government's population program, and there are grounds for eliminating criminal penalties.
Inconsistencies in Halal Certification Regulations and Cosmetic Notifications: A Legal Analysis from the Perspectives of Health Law and Consumer Protection Yatini; Muna, Izzatul; Maharani Putri, Prima
Kosmik Hukum Vol. 26 No. 1 (2026)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v26i1.26939

Abstract

Halal certification and cosmetic notification are two essential regulatory regimes within Indonesia's product supervision system. However, overlapping authority between the National Agency of Drug and Food Control (BPOM) and the Halal Product Assurance Organizing Agency (BPJPH) under the Ministry of Religious Affairs has led to regulatory disharmony, resulting in inefficient licensing procedures and legal uncertainty. This study examines the implications of regulatory fragmentation on consumer protection and the right to public health. Using a normative juridical approach and supported by the theories of legal certainty, health law, and consumer protection, the findings indicate that the dualism of the licensing system leads to high transaction costs, delays in product distribution, and a decline in consumer trust in the safety and halal status of products. From the perspective of health law, this disharmony contradicts the principle of the right to health as stipulated in Law No. 17 of 2023. This study proposes a digital-based integrated licensing model for halal certification and cosmetic notification through a single-window system, which may enhance regulatory oversight, improve bureaucratic efficiency, and strengthen consumer protection by ensuring both product safety and the fulfillment of religious values.
The Integration of Restorative Justice in Indonesia’s Criminal Justice System: Building a Comprehensive Legal Framework Johar, Olivia Anggie; Setiadi, Edi
Kosmik Hukum Vol. 26 No. 1 (2026)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v26i1.27385

Abstract

The implementation of restorative justice in Indonesia has so far been fragmented, as each subsystem of the criminal justice system has issued its own regulations without comprehensive integration. This study examines the position of restorative justice within the Indonesian legal and criminal justice systems, while also proposing recommendations for its broader and more systematic application. Using a normative legal research method with statute and conceptual approaches, this study analyses secondary data through document review and literature study. The findings indicate that although restorative justice should, in principle, be applicable to all criminal offenses within the Indonesian legal system, its current application in the criminal justice system remains limited to specific cases. The novelty of this study lies in its proposal for an integrated legal framework—either through amendments to the Criminal Procedure Code (KUHAP) and the Criminal Code (KUHP) or through the enactment of a dedicated law—to comprehensively regulate restorative justice mechanisms. This contributes to the ongoing scholarly debate and provides a practical roadmap for legal reform in Indonesia.
Balancing Independence and Accountability: Reforming Prosecutorial Immunity in Indonesia’s Legal System zuraidah, Zuraidah; Setiadi, Edi; Rohaeni, Neni; Ismail, Noorfajri
Kosmik Hukum Vol. 26 No. 1 (2026)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v26i1.27541

Abstract

This research examines the juridical implications of Article 8 paragraph (5) of Law Number 11 of 2021 concerning the Indonesian Attorney General’s Office, which stipulates that any legal action against prosecutors such as summons, detention, search, and interrogation must be approved by the Attorney General. While the provision was originally intended to safeguard institutional independence, its application has raised serious concerns regarding the erosion of the equality before the law principle and the emergence of internal impunity mechanisms. Using a normative juridical approach combined with statutory, conceptual, and case study methods, this study analyses the extent to which Article 8(5) contradicts the principles of a democratic rule of law, particularly due process of law, equality before the law, and institutional accountability. Several high-profile case studies involving prosecutors such as Pinangki Sirna Malasari and Urip Tri Gunawan illustrate the operational obstacles and legal stagnation created by this hierarchical authorization requirement. The study finds that the provision creates structural barriers to justice and fosters unequal treatment under the law. Reformulating Article 8(5) into a notification mechanism rather than a permission system would ensure a more balanced relationship between institutional protection and legal accountability. Significantly, this research contributes to the development of legal thought on prosecutorial reform by offering a normative framework that strengthens equality before the law and provides policy recommendations for enhancing transparency and accountability within Indonesia’s prosecution system.
The Urgency of Establishing a Special Narcotics Court in Indonesia: A Comparative Study with the United States, Australia and Scotland Amelda Yunita; Topo Santoso; Firman Muntaqo; Ruben Achmad
Kosmik Hukum Vol. 26 No. 1 (2026)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v26i1.28255

Abstract

The high number of narcotics crimes every year shows that narcotics crimes, especially narcotics abuse, are a serious threat to the lives of the Indonesian people. The practice of law enforcement against narcotics abusers in Indonesia that prioritizes the imposition of criminal sanctions in prison has proven that the penal approach has failed. The urgency of establishing a Special Narcotics Court to combat narcotics crimes is the primary focus of this article, which draws lessons from the United States, Australia, and Scotland, all of which already have special narcotics courts with various systems. This paper is the result of doctrinal law research using a statutory approach and a comparative approach. Research has found that in the United States and Australia, there are Drug Courts, which are special courts. These courts were established in each state. Meanwhile, Scotland incorporates narcotics handling into the public justice system by using a rehabilitation approach to handling narcotics. The establishment of narcotics courts in Indonesia is critical to be carried out, considering that narcotics abuse can weaken Indonesia's national resilience, and the increasing number of narcotics cases results in overcrowding in correctional institutions. Narcotics crimes also have special characteristics, both in terms of the nature of the crime and the characteristics of the subject of the law, thus further emphasizing the importance of the narcotics court.
Mens Rea and Causal Nexus in Public Procurement Corruption: Reconstructing Anti-Corruption Frameworks in ASEAN Seroja, Triana Dewi; Chansrakaeo, Ruetaitip; Febriyani, Emiliya; Hutauruk, Rufinus Hotmaulana; Alhakim, Abdurrakhman
Kosmik Hukum Vol. 26 No. 1 (2026)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v26i1.28398

Abstract

Public procurement corruption is one of the most prevalent forms of corruption, with one of the most dangerous and potentially catastrophic impacts on public interests. Despite the continuous efforts to battle corrupt in Indonesia, Malaysia, and Thailand, the three countries are still haunted by the possibility of public procurement corruption, which can significantly stunt their economic growth and overall prosperity. Employing the normative legal research method, this study aims to assess the legal implications of corruption in public procurement and make a case for the acknowledgement of aggravating factors in the relevant criminalization. For this objective, this study analyzes elements of mens rea and causal nexus in the countries’ relevant anti-corruption frameworks. Analysis conclusively reveals that the three countries are not equipped to tie mens rea and causal nexus due to the lack of distinction between them in the relevant frameworks. The study therefore recommends possible amendment by adding a provision that would enable a dual-layered culpability approach, tying mens rea and the actual evidence of corrupt act to the knowledge of possible harm that the perpetrators have, to potentially build a case for a stronger punishment, or provide better normative foundation for future legal developments with the explicit acknowledgement of the broader harms caused by public procurement corruption. The significance of this study lies in its effort to increase the awareness on corruption, particularly by assessing the impacts of public procurement corruption and the mental state behind it, to ultimately make the legal case for harsher punishments against this enduring crime that has stunted growth in Indonesia, Malaysia, and Thailand

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