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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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Integrating Customary Criminal Law into National Criminal Justice Systems: Indonesia and South Africa in a Southern Criminology Perspective Sitompul, Shalih Mangara; Khoiruddin, Aldi Rizki; Muhammad Rustamaji
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.v26i1.28621

Abstract

The urgency of integrating customary criminal law into the national legal system is increasing, especially in countries with legal pluralism such as Indonesia and South Africa. Both countries face challenges in accommodating customary criminal law that is alive and evolving in society, which is often subordinated by the colonial-based national legal system and modernization. This study uses a southern criminology approach based on the thinking of Antonio Gramsci to analyze the hegemony of national law over local law and fight for space for knowledge and legal traditions from the Global South in the criminal justice system. The type of research used is normative comparative legal research with the collection of secondary legal materials in the form of legislation, court decisions, academic literature, and international instruments related to the existence and treatment of customary criminal law. This research utilizes literature study techniques and qualitative analysis of legal documents, as well as a variety of juridical, sociological, and historical approaches combined with Gramscian hegemony analysis. The results of the study show that constitutional recognition in both countries has not resulted in ideal integration; customary criminal law tends to remain marginalized by national regulations and the modern legal system. However, with an integration model that places customary criminal law as part of the restorative justice process and recognition of legal pluralism, the prospects for harmonization are increasingly open towards a more just and inclusive national criminal justice system. This study emphasizes the need to strengthen the position of customary criminal law, political will, and legal education based on southern criminology.
From Defensive to Cooperative Sovereignty: International Cooperation in Indonesia’s Territorial Boundary Delimitation under International Law Darwis, Muhammad; Kastulani, Mohd; Hasibuan, Anwar Saleh; Maruf, Maruf
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.v26i1.28692

Abstract

This study analyses the paradigm shift in the regulation of territorial boundaries and jurisdiction of the Unitary State of the Republic of Indonesia as stipulated in Law No. 43 of 2008 on State Territory. The study focuses on Articles 2, 3, 5, and 14–18 with an International Cooperation approach, which emphasises the importance of shifting from defensive sovereignty to collaborative sovereignty in state border governance. Normatively, this study uses a doctrinal legal analysis method with a conceptual and comparative approach to the principles of international law, particularly the United Nations Convention on the Law of the Sea (UNCLOS). The results of the study indicate that the norms in Law No. 43 of 2008 need to be transformed from an administrative paradigm to a diplomatic-integrative paradigm. The management of state borders not only serves to maintain territorial integrity but also strengthens Indonesia's position as a norm entrepreneur in border diplomacy and regional maritime cooperation. This paradigm shift places international cooperation, mutual benefits, and the principle of equity as the new foundation for the formulation and implementation of state territorial boundary policies. Thus, the concept of state territorial regulation shifts from a closed sovereignty approach to an open, cooperative sovereignty, in line with Indonesia's free and active foreign policy.
Legal Pluralism based on World Policy Hybridization: A Comparison of Malaysian and Iranian Asset Forfeiture Prasetya, Muhammad Djaelani; Ilyas, Amir; Arifin, Arnita Pratiwi; Fuady, Muhammad Ikram Nur; Saeedi, Yasin
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.v26i1.28698

Abstract

Asset forfeiture has developed into a global policy adopted by various countries as an instrument of corruption eradication. The United States and Australia already have asset forfeiture programs, as do countries in Asia. The direction is to strengthen the state to fight corrupt behaviors. This study analyzes the development of the contemporary criminalization of corruptors through a doctrinal comparative study of asset forfeiture policies in Iran and Malaysia. The results of the study showed that both countries adopted the policies of the United Nations Convention Against Corruption (UNCAC) and the recommendations of the Financial Action Task Force (FATF). Malaysia retains the influence of the British legal system with adjustments to customary law, while Iran implements a more revolutionary model through the practice of expanding sharia-based confiscation. In the Indonesian context, normative and institutional obstacles remain challenges, but implementation opportunities are open through the passage of the Asset Forfeiture Bill. This study recommends that the Bill regulate policies, mechanism models, proof, institutional, execution, and penal-non-penal practices, including the implementation of expanding confiscation. Thus, Indonesia can strengthen its anti-corruption regime through asset forfeiture instruments that are in line with international standards, the practices of other countries, and Indonesia's needs.
Legal Protection in App-Based Transportation Partnerships and Consumers in Indonesia Desril, Raja; Santoso, Mulia Akbar
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.v26i1.28769

Abstract

The app-based transportation sector, such as Gojek and Grab, has rapidly developed in Indonesia, yet it still faces significant challenges regarding the legal regulations governing the partnership between platform providers and driver partners. The lack of clear legal norms has led to uncertainty regarding the rights and obligations of both parties, which ultimately reduces legal protection for both drivers and consumers. This study aims to analyze how Indonesia's legal system regulates this partnership and evaluate the extent to which existing regulations provide adequate protection for drivers and consumers. The main research questions address how Indonesia's legal system governs partnerships in this sector and to what extent the regulations support the principle of justice. The research method used is normative legal research, employing legislative, conceptual, and theoretical approaches. The findings show that Indonesia's legal system has not provided sufficient legal certainty in these partnerships. Protection for both drivers and consumers remain limited, particularly regarding labor rights and dispute resolution mechanisms. This study suggests the need for clearer and more detailed regulatory reforms to create a more equitable and transparent relationship between companies, drivers, and consumers.
Comparative Study of Mediation Practices in Financial Disputes Between Indonesia’s LAPS SJK and Singapore’s FIDReC Framework Handriyanto Wijaya; Dewi Sulistianingsih; Irawaty
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.v26i1.29031

Abstract

This article conducts a doctrinal and comparative analysis of Indonesia’s LAPS-SJK and Singapore’s FIDReC to examine how institutional design shapes fairness, accessibility, and legitimacy in financial dispute resolution. Drawing on normative legal methods and qualitative thematic analysis, the study evaluates each institution’s governance structure, mediation model, procedural architecture, transparency practices, and enforcement mechanisms. The comparison shows that the two bodies are grounded in distinct regulatory logics that produce markedly different capacities to mitigate information asymmetry in financial disputes. LAPS-SJK adopts a facilitative mediation model that emphasises party autonomy and mediator neutrality. In practice, however, this approach proves inadequate in an environment where consumers face complex financial products and substantial informational disadvantages. The absence of evaluative guidance, combined with a single-tier dispute-resolution structure, limited transparency, and weak enforcement, often restricts consumers’ ability to secure substantively fair outcomes. These features risk reinforcing rather than correcting existing power imbalances. FIDReC, by contrast, employs a hybrid mediation model that permits evaluative input and is supported by a two-tier system in which adjudication operates as a safeguard against unfair settlements. Its robust transparency regime—featuring detailed annual reports and anonymised case summaries—enhances institutional accountability and predictability. Binding outcomes backed by MAS oversight further strengthen compliance and user confidence. The study concludes that effective financial dispute resolution requires more than statutory mandates; it depends on institutional capacity, regulatory coherence, and mechanisms that actively address structural inequalities. The contrasting experiences of LAPS-SJK and FIDReC highlight the importance of transparency, evaluative support, and enforceability in promoting procedural justice and institutional legitimacy.
Strengthening Indonesia’s Financial Consumer Protection Framework: A Comparative Analysis of the U.S. Consumer Financial Protection Bureau Tri Herdianto; Dewi Sulistianingsih; Pujiono
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.v26i1.29055

Abstract

This research examines the legal standing and statutory authority of the Financial Services Authority (Otoritas Jasa Keuangan, OJK) to commence civil proceedings on behalf of consumers in Indonesia’s financial services sector, a mandate that has gained increasing relevance amid the expansion of complex financial products and digital delivery channels. Grounded in Law No. 21 of 2011 and its implementing regulations, OJK’s litigation power is conceptualised as a regulatory enforcement mechanism intended to address structural consumer disadvantages, strengthen institutional accountability, and promote compliance with market-conduct norms. The analysis situates this authority within broader doctrinal frameworks, including public interest litigation, administrative law principles, and regulatory enforcement theory. To provide comparative context, the article briefly contrasts OJK’s mandate with the enforcement powers of the United States Consumer Financial Protection Bureau (CFPB), a leading model in consumer-focused financial regulation.  Using a normative juridical methodology, the article evaluates the practical effectiveness of OJK-initiated civil actions and compares them with alternative redress mechanisms, such as class actions. The findings indicate that despite a clear statutory foundation, OJK’s use of civil litigation remains limited by procedural uncertainties and institutional preferences for non-judicial approaches. Nevertheless, OJK-filed lawsuits hold significant potential to enhance remedial access, improve evidentiary processes, and create stronger deterrence against market misconduct. The study concludes that clearer procedural guidelines and strengthened institutional capacity are essential to optimise OJK’s role in consumer protection.
Evaluation of Legal Frameworks for Extremism Prevention in Indonesian Higher Education Agustin, Bunga Veronika Milania; Istiqomah, Milda; Jameelah, Mariyam
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.v26i1.29408

Abstract

Extremism poses a serious challenge to Indonesia’s diversity and national stability, including within higher education institutions. This study aims to evaluate the legal framework governing the prevention of extremism in universities and examine its implementation at Brawijaya University as a case study. Using a socio-legal research method with a digital ethnography approach, the study draws on both primary and secondary data sources. Findings indicate that although several laws and regulations—such as the National Education System Law, the Higher Education Law, and the Presidential Regulation on the National Action Plan for Preventing Violent Extremism—have been established, they remain general and lack specific provisions addressing extremism prevention in higher education. Brawijaya University demonstrates a strong commitment through the issuance of rector regulations, integration of Pancasila values into the curriculum, implementation of nationalism-based student orientation (PKKMB), and partnerships with external bodies such as the Densus 88 counterterrorism unit. However, the absence of a dedicated institutional body to address extremism prevention represents a significant gap that hinders effective implementation. Therefore, the establishment of a specialized unit within each university is urgently needed to strengthen preventive efforts and ensure a safer academic environment.
Pretrial of the Seizure of Property Unrelated to Criminal Offenses: Between the Interests of Corruption Eradication and the Protection of Human Rights Wicaksana, Prasetyo Budi; Hassan, Fareed Mohd
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.v26i1.29668

Abstract

Asset seizure in corruption cases is an important instrument in efforts to recover state financial losses. However, in law enforcement practice, seizures are often carried out against goods or property that have no causal relationship with the alleged criminal offense. This condition creates tension between the interest of eradicating corruption and the protection of human rights, particularly the right to property and the guarantee of due process of law. This article aims to analyze pretrial remedies against the seizure of property unrelated to corruption offenses from the perspectives of law enforcement and human rights protection in Indonesia. This study employs a normative legal research method using statutory, conceptual, and case approaches, particularly through an examination of pretrial decisions of the Pekanbaru District Court concerning asset seizures in alleged corruption cases. The results indicate that seizures not supported by evidence of a direct connection to the criminal offense potentially violate the principle of legality, the principle of proportionality, and the protection of human rights as guaranteed by the 1945 Constitution of the Republic of Indonesia and national human rights instruments. Pretrial mechanisms play a strategic role as a form of judicial control over arbitrary coercive measures. Therefore, reforms are required in the seizure application mechanism by emphasizing strict substantive review and strengthening the role of pretrial proceedings to create a balance between the effectiveness of corruption eradication and the protection of citizens’ constitutional rights within the Indonesian criminal justice system.

Page 26 of 26 | Total Record : 258

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