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Yusuf Saefudin
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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 288 Documents
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Compensatory Annulment Justice in Indonesian Marriage Law: Coercion, Cohabitation, and Substantive Protection Nur, Muliadi; Bukido, Rosdalina; Subeitan, Syahrul Mubarak
Kosmik Hukum Vol. 26 No. 2 (2026)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v26i2.30648

Abstract

Existing scholarship on marriage annulment in Indonesian family law primarily addresses formal defects of validity and coercion, but offers limited analysis of compensatory remedies when annulment produces social and economic harm. This article addresses that gap by examining Decision No. 42/Pdt.G/2023/PA.Llk and introducing the concept of compensatory annulment justice, defined as a judicial approach that annuls a coerced marriage while preserving limited remedies for relational harm. Using a normative juridical, case-based analysis, the study treats the decision as primary legal material to assess judicial reasoning on consent, coercion, cohabitation, and compensation. The findings show that the court moved beyond formal validity by (i) construing coercion through witness-based proof of psychological threat, (ii) positioning premarital cohabitation and local custom as relevant social facts without allowing them to override free consent, and (iii) awarding Rp2,000,000 via reconventional claim grounded in unlawful act doctrine and proportionality. These results demonstrate that annulment need not erase all consequences of the relationship. The study contributes a coherent framework for integrating consent protection with post-annulment responsibility, offering doctrinal guidance for courts to balance autonomy, legal pluralism, and substantive justice in family disputes.
Closing Indonesia’s Regulatory Gap on Deepfake Crimes: Comparative Lessons from the European Union, the United States, and China Triana, Ikama Dewi Setia; Periani, Aniek; Atyanta, Arka
Kosmik Hukum Vol. 26 No. 2 (2026)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v26i2.25751

Abstract

The rapid development of artificial intelligence (AI) technology has accelerated the emergence of deepfake media capable of manipulating audio, video, and images with highly realistic results. Although deepfake technology offers creative and economic benefits, its misuse has created serious legal, ethical, and social challenges, including digital fraud, political disinformation, identity theft, and non-consensual pornography. Indonesia currently lacks a comprehensive legal framework specifically regulating deepfake and generative AI technologies, resulting in regulatory fragmentation and weak victim protection. This study aims to analyze comparative regulatory models regarding deepfake crimes in the European Union, the United States, and the People’s Republic of China, as well as to examine the urgency of legal reform in Indonesia. This research employs normative legal research using statutory, conceptual, and comparative approaches. The findings demonstrate that the European Union adopts a risk-based and transparency-oriented model through the Artificial Intelligence Act, the United States applies fragmented sectoral regulations prioritizing freedom of expression, while China emphasizes state-centered digital governance and platform liability. Meanwhile, Indonesia still experiences legal uncertainty, limited digital forensic capacity, and the absence of platform accountability mechanisms. This study argues that Indonesia urgently requires a comprehensive AI and deepfake regulatory framework integrating mandatory labeling obligations, victim-oriented protection, AI forensic standards, and platform responsibility mechanisms to ensure digital security, legal certainty, and the protection of human rights in cyberspace.
Assessing the Effectiveness of Intellectual Property Law Enforcement in Indonesia: Legal Substance, Institutional Structure, and Legal Culture Pajrin, Rani; Saputra, Rian; Kurniawan, Itok Dwi
Kosmik Hukum Vol. 26 No. 2 (2026)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v26i2.28517

Abstract

This article examines the effectiveness of intellectual property rights law enforcement in Indonesia by analysing three main elements of the legal system: legal substance, legal structure, and legal culture. The study focuses on the enforcement of intellectual property rights through civil mechanisms, criminal proceedings, and alternative dispute resolution. The analysis shows that the effectiveness of intellectual property enforcement is influenced not only by the adequacy of legal norms, but also by the capacity and coordination of law enforcement institutions, procedural efficiency, and public legal awareness. In civil disputes, parties are encouraged to strengthen contractual clauses that refer disputes to alternative dispute resolution or arbitration mechanisms, as these forums may provide faster, more confidential, cost-efficient, and legally certain outcomes. Meanwhile, in criminal enforcement, challenges remain in the technical capacity of law enforcement officials, inter-institutional coordination, and bureaucratic complexity. Therefore, improving intellectual property law enforcement in Indonesia requires strengthening the competence of law enforcement officers, simplifying enforcement procedures, enhancing institutional collaboration, and increasing public awareness of intellectual property protection. These measures are essential to create a more professional, efficient, and practical enforcement system that supports legal certainty and the protection of innovation.
Victim Oriented Plea Bargaining in Indonesia’s Criminal Justice System : Toward Substantive Justice for Victims of Crime Rizkianto, Kus; Rahayu, Kanti; Nunna, Bhanu Prakash
Kosmik Hukum Vol. 26 No. 2 (2026)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v26i2.28841

Abstract

This study examines the formulation of a victim-oriented plea bargaining model to promote substantive justice for both defendants and victims in Indonesia. Plea bargaining refers to a defendant’s admission of guilt through negotiation with the public prosecutor in exchange for a reduced sentence. It may be applied to first-time offenses punishable by a maximum imprisonment of five years and a maximum fine of five hundred million rupiah, provided that the defendant agrees to compensate the victim. However, judicial practice shows that plea bargaining tends to prioritize imprisonment while neglecting victims’ rights to restitution. Using a normative juridical method, this study analyzes statutory regulations and legal literature through qualitative descriptive analysis. The findings reveal two main issues. First, plea bargaining is regulated under Article 78 paragraph (1), Article 205 paragraph (2), and Article 234 paragraph (1) of Law Number 20 of 2025 concerning the Criminal Procedure Code, but non-compliance with restitution obligations only results in substitute imprisonment, leaving victims uncompensated. Second, a victim-oriented model should require defendants to apologize, involve victims in negotiations, and ensure agreement on compensation, settlement mechanisms, and criminal sanctions. When defendants are unable to provide compensation, the State should assume responsibility through a victim compensation fund. This study recommends revising the Criminal Procedure Code, establishing state-funded victim compensation, strengthening prosecutorial supervision over plea bargaining agreements, and formulating Supreme Court guidelines to balance defendants’ rights with victims’ substantive justice.
Criminalization of Adultery under New Criminal Code: Morality and the Protection of Citizens’ Private Rights Taun Taun; Fareed Mohd Hassan
Kosmik Hukum Vol. 26 No. 3 (2026)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v26i3.27438

Abstract

The enactment of Criminal Code Number 1 of 2023 has sparked new controversy in society, particularly regarding the criminalization of adultery, regulated in Articles 411 and 412. These articles stipulate that adultery is a complaint-based offense that can only be prosecuted if a complaint is filed by the husband, wife, or parents of unmarried parties. This policy has drawn criticism for its perceived intrusion into citizens' private sphere, although the government argues that the regulation is intended to protect the family institution and public morality. This article aims to examine the criminalization of adultery from the perspective of balancing the protection of morality with respect for private rights in a democratic state governed by the rule of law. The approach used is normative juridical, with analysis of legislation, legal literature, and comparative studies. The results of the study indicate that the criminalization of adultery must be treated with caution to prevent it from becoming a tool to legitimize state intervention in the private sphere, while still upholding the principles of proportionality and human rights.
The Transformation of Digital Money in the Framework of Islamic Law: The Potential Use of Bitcoin for Zakat Lili Naili Hidayah; Ageng Triganda Sayuti; Muskibah Muskibah; Rema Syelvita; Pahlefi Pahlefi
Kosmik Hukum Vol. 26 No. 3 (2026)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v26i3.26454

Abstract

This study aims to analyze the legal position of Bitcoin as a potential object of zakat from the perspectives of Islamic law and Indonesian positive law, while examining the extent to which both legal systems provide legitimacy for the use of Bitcoin in zakat payment. This article discusses the transformation of digital money, specifically Bitcoin, within the framework of Islamic law by highlighting Bitcoin's growing relevance and controversy in Islamic finance. Using a juridical-normative approach, this study examines whether Bitcoin fulfills the legal requirements as zakatable property according to Islamic jurisprudence and analyzes its legal implications under Indonesian positive law. The findings indicate that although Bitcoin possesses economic value and may qualify as zakatable property, several legal and sharia issues remain, including value volatility, gharar (uncertainty), regulatory limitations, and the absence of comprehensive technical guidelines for zakat institutions. This article recommends developing an integrated legal framework through adaptive regulations, technical guidance for zakat institutions, and blockchain-based governance that complies with sharia principles to ensure legal certainty and transparency in digital asset-based zakat.
Criminal Liability in Algorithmic Journalism: Critical Analysis of Generative AI and Automated News Content Zainal Arifin; Emi Puasa Handayani; Souad Ezzerouali
Kosmik Hukum Vol. 26 No. 3 (2026)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v26i3.28679

Abstract

This study aims to analyze the legal implications of the use of generative artificial intelligence (generative AI) in journalistic practice against three forms of press violations, namely defamation, the spread of misinformation/disinformation, and privacy violations, as well as to assess the extent of the readiness of the applicable legal framework in overcoming these problems. The development of generative AI in journalism presents new challenges in criminal law, especially regarding accountability for news content generated automatically without direct human intervention. This study uses a normative-doctrinal approach combined with a comparative analysis of the Indonesian criminal law framework and the latest international regulatory developments. The results of the study show that conventional criminal accountability principles, especially the elements of mens rea and actus reus, are not fully compatible with the characteristics of AI which is autonomous, thus causing legal gaps and regulatory uncertainty. To overcome these problems, this study offers three strategic solutions, namely: (1) modification of the corporate accountability model by expanding the definition of criminal offenders, (2) the application of limited strict liability (limited strict responsibility) for digital platforms, and (3) the establishment of a risk-based algorithmic supervision mechanism involving various stakeholders. This research makes a theoretical contribution to the development of criminal law in the digital era while offering practical recommendations for policymakers in formulating an AI accountability system that is adaptive, balanced, and supports modern journalism innovation.
The Paradox of Law Enforcement Press Conferences: A Comparative Study on Public Information and Suspects' Rights Putri Rumondang Siagian; Hendri Hendri; Fahrizal S.Siagian
Kosmik Hukum Vol. 26 No. 3 (2026)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v26i3.28687

Abstract

This study examines the balance between public access to information and the protection of suspects’ rights in the practice of law enforcement press conferences in Indonesia, as well as its comparison with international standards. Public access to information is a constitutional right guaranteed by the 1945 Constitution and the Law on Public Information Disclosure, yet in practice it often clashes with fundamental rights of suspects protected under the Criminal Procedure Code, such as the right to privacy, humane treatment, and the presumption of innocence. Press conferences frequently disclose suspects’ identities or images and present official narratives that may create public perceptions of guilt before a final court judgment. Such practices generate social stigma, undermine dignity, and violate the principle of due process of law. This normative legal research employs statutory and comparative approaches, showing that the United Kingdom and France impose strict restrictions on the publication of suspects’ identities, while Indonesia tends to resemble Thailand, where protection remains weak. The comparison highlights a regulatory gap in Indonesia, indicating the need for more detailed rules governing press conferences, limitations on disclosed information, and independent oversight mechanisms. Accordingly, a proportional balance between the public’s right to information and the protection of suspects’ rights can be realized within the framework of a democratic rule of law.
Legal Arrangement Model for Imposing Fair Interest on Online Loans Nurhilmiyah Nurhilmiyah; Hazmi Rusli; Destri Budi Nugraheni; Atikah Rahmi; Ismail Koto
Kosmik Hukum Vol. 26 No. 3 (2026)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v26i3.29369

Abstract

The issue of the amount of interest on online loans or peer-to-peer lending has become an actual issue and raises problems from the aspect of legal protection for the parties. Reasonable and fair interest for parties can expand financial access and increase the achievement of financial inclusion of the Indonesia people. This study uses normative legal research methods but is equipped with supporting data from observations and interviews from the field as using empirical legal research methods. Based on the discussion carried out it can be seen that the information contained in the online loan application is not transparent regarding the existence of reasonable interest rates on online loans, does not provide legal certainty for consumers, especially in protecting their rights, this is due to the fact that there are still many business actors who provide unclear information. The legal regulation model for the imposition of fair interest on co-financing services or online loan services since the issuance of the Financial Services Authority Circular No 19/SEOJK.06/2023 concerning the Implementation of Information Technology-Based Co-Financing Services the interest is expressly differentiated between productive funding and consumptive funding
Reconstruction of Employment Termination Regulations in Indonesia Following the Job Creation Law: A Comparative Study with South Korea Helwan Kasra; Slamet Riyanto; Dea Justicia Ardha
Kosmik Hukum Vol. 26 No. 3 (2026)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v26i3.30281

Abstract

This study aims to analyse the regulation of termination of employment in Indonesia following the enactment of Law No. 6 of 2023 on Job Creation, compare it with the legal framework in South Korea, and propose a reconstructed model that ensures a more balanced and equitable employment termination system. Termination of employment (PHK) remains a central issue in labour law because it directly affects workers’ rights, the stability of industrial relations, and sustainable economic development. The enactment of Law No. 6 of 2023 on Job Creation has introduced significant changes to Indonesia’s employment termination framework, reflecting a shift toward greater labour market flexibility while raising concerns regarding legal certainty and the adequacy of worker protection. This study employs normative legal research using statutory and comparative law approaches through an analysis of legislation, judicial decisions, and relevant scholarly literature. The findings reveal that Indonesia’s current regulatory framework primarily focuses on post-termination compensation, while providing insufficient safeguards regarding substantive grounds for dismissal and preventive procedural protections. In contrast, South Korea adopts the principle of dismissal for just cause, supported by strict and participatory dismissal procedures, comprehensive unemployment insurance, and active labour market policies. Based on this comparative analysis, the article proposes a reconstructed model for Indonesia that incorporates clear limitations on dismissal based on valid and objective grounds, strengthens preventive and transparent dismissal procedures, and expands comprehensive post-termination social protection. The proposed model is expected to achieve a more balanced relationship between labour market flexibility and worker protection while enhancing legal certainty and fairness within Indonesia’s industrial relations system.

Page 28 of 29 | Total Record : 288

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