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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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The Dilemma of People's Sovereignty in The Party System: A Constitutional Analysis of Political Party Domination Auliya Khasanofa; Harmoko Harmoko; Byun Hae-Cheol
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.v26i3.30814

Abstract

This study aims to analyze the dilemma of implementing popular sovereignty within Indonesia’s party system from the perspective of the 1945 Constitution and to examine the impact of political party dominance on the principle of popular sovereignty in constitutional democracy. This research employs a normative legal method using statutory and conceptual approaches to examine relevant legal norms, constitutional principles, and doctrines. The findings indicate that the implementation of popular sovereignty faces structural tension between constitutional norms and political practice. Although the 1945 Constitution affirms that sovereignty resides in the people, the election of members of the House of Representatives is fully mediated by political parties as the sole participants in elections. This dominance is further strengthened by parties’ administrative authority, particularly through the Interim Replacement (PAW) mechanism, which allows parties to replace legislators based on internal considerations such as political loyalty, organizational conflicts, or elite interests. As a result, the electoral mandate granted by voters may be overridden by party decisions, creating a conflict between popular legitimacy and party power. The study concludes that party dominance in candidate selection, faction discipline, and control over legislative positions reinforces a party-centered democracy model that weakens substantive representation and the direct relationship between representatives and constituents. therefore, limiting party authority in the PAW mechanism, strengthening a more voter-responsive representation system, and reforming internal party governance to ensure greater democracy and accountability are necessary. the novelty of this study lies in conceptualizing PAW not merely as an administrative mechanism but as a constitutional issue that potentially severs the people’s electoral mandate.
Constructing the Purposes of Punishment in the National Criminal Code: Weaving a Prophetic Basis for Transcendent Justice Sahran Hadziq; Muhamad Syamsudin; Aroma Elmina Martha
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.v26i3.30996

Abstract

The reform of the criminal law in Indonesia through Law Number 1 of 2023 concerning the National Criminal Code (National Criminal Code) has marked a fundamental paradigm shift, especially related to the expansion of the principle of legality and the formulation of penal objectives. This shift indicates the inclusion of "values that live in society" as one of the parameters of criminal law enforcement, which inherently opens the space for interpretation for spiritual and transcendent dimensions in determining the purpose of punishment. This research aims to analyze the problems contained in the construction of the purpose of the National Criminal Code by examining the underlying value of justice and analyzing it based on prophetic foundations to knit transcendent justice. This research uses normative legal research methods supported by secondary data as well as legislative, philosophical and conceptual approaches. The data was collected by conducting a literature study and analyzed through qualitative descriptive methods. The results of this study show that the National Criminal Code has adopted local values, but the potential "value of belief" that refers to Divine or God power has not been explicitly articulated as a strong normative foundation. The prophetic foundation, which emphasizes the ethical-transcendent dimension in law, offers a doctrinal reconstruction to systematically integrate Divine values for the purpose of punishment, not as a theologization of law, but as an affirmation of ratio legis that goes beyond mere utilitarianism. This research argues that the revitalization of prophetic law can enrich the criminal justice discourse in Indonesia, encourage more humanistic, proportionate criminal practices, and rooted in universal moral principles that are believed to come from transcendent sources, to achieve comprehensive justice based on the One Godhead.
Harmonization of Halal Tourism Regulations and The Digital Sharia Economy: A Perspective from Islamic Economic Law Triyono Adi Saputro; Diana Setiawati; Nur Rizqi Febriandika; Awalia Rina Rahmawati; Wahyu Tri Mohamad Firdaus
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.v26i3.31945

Abstract

Indonesia’s halal tourism industry has grown rapidly, ranking first in the Global Muslim Travel Index for two consecutive years (2023–2024), alongside the accelerating national digital sharia economy, now valued at USD 99 billion in 2025. Surakarta, a city of significant cultural and religious importance with a large domestic tourist base, has yet to establish specific regulations integrating halal tourism standards with the digital Sharia economy ecosystem, creating a legal gap amid growing market potential. This study aims to analyze the current state of halal tourism and digital Sharia economy regulations in Surakarta and to formulate an ideal harmonization model within the framework of Islamic economic law. This normative legal research employs statutory, conceptual, and case-based approaches, utilizing primary legal materials (legislation and DSN-MUI fatwas), secondary materials (academic literature and official reports), and tertiary materials, analyzed qualitatively and descriptively through mapping, gap analysis, and synthesis. The findings indicate that the regulatory vacuum in Surakarta reflects the local government’s failure to position hifz al-din and hifz al-mal as structural variables in economic policy, compounded by weak cross sectoral institutional coordination. The study proposes a harmonization model grounded in maqāşid al-sharī’ah, expanding the conventional four-pillar framework (regulatory harmonization, standardization, multi-stakeholder synergy, and sustainability orientation) with a fifth pillar digital interoperability that links halal certification databases, tourism business data, and national sharia marketplace ecosystems. This model offers a transferable framework for other culturally and religiously significant “middle-tier” cities pursuing the development of a halal tourism identity in Indonesia’s digital era.
Comparative Analysis of Halal Policy Implementation and Regulation: A Case Study of Indonesia and Japan in the Context of the Global Market Rani Apriani; Tidar Bayu Herlambang
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.v26i3.28808

Abstract

Halal certification standards are a form of assurance that every product to be used or consumed meets Islamic sharia criteria. Currently, several countries with minority Muslim populations are striving to establish halal assurance standards for products in circulation. This effort is a response to global market demands and the increasing awareness of Muslim consumers in those countries. Law Number 8 of 1999 concerning Consumer Protection prohibits businesses from producing and/or trading goods or services that do not comply with halal production requirements. This study aims to analyze the comparative regulatory framework and implementation of halal product assurance policies in Indonesia and Japan, as well as their implications for the global market. Indonesia enacted Law Number 33 of 2014 concerning Halal Product Assurance, which is mandatory and oriented towards protecting domestic Muslim consumers. This is reinforced by Government Regulation Number 42 of 2024 concerning the Implementation of the Halal Product Assurance Sector, with the Halal Product Assurance Organizing Agency as the central authority. In contrast, Japan adopts a voluntary (market-driven) approach, focused on facilitating tourism and exports by involving various private certification bodies. Using descriptive qualitative methods and regulatory document analysis, the study's key findings demonstrate fundamental differences in policy paradigms: Indonesia employs a centralized, mandatory model, while Japan employs a decentralized, facilitation model. These differences impact competitiveness and international recognition. It concludes that Indonesia needs to improve bureaucratic efficiency, while Japan needs to strengthen the harmonization of its standards for the global market.
Comparative Legal Analysis of Hospital-Based and University-Based Specialist Medical Training Models Prima Maharani Putri; Emirza Nur Wicaksono; Rosiana Nurwa Indah; Vashti Resti Putri Firdaus
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.v26i3.29001

Abstract

This study comparatively examines the hospital-based and university-based models of Specialist Medical Doctor Professional Education (Pendidikan Profesi Dokter Spesialis/PPDS) in Indonesia from the perspective of regulatory frameworks and legal protection. Using normative (doctrinal) legal research, it analyzes the Health Law of 2023, Ministry of Health Regulation No. 13 of 2022, Ministry of Education, Culture, Research, and Technology Regulation No. 53 of 2023, and other relevant legal instruments. The analysis demonstrates that the hospital-based model provides weaker legal protection due to the unclear legal status of PPDS participants, whereas the university-based model offers greater legal certainty by recognizing participants as students, despite remaining ambiguities in the allocation of legal responsibilities between universities and teaching hospitals. The study recommends harmonizing the regulatory framework by explicitly defining the legal status of PPDS participants, clarifying institutional responsibilities, and strengthening legal protection and social security mechanisms. This study contributes to the legal scholarship on medical education by providing the first comparative normative analysis of Indonesia's dual PPDS models and offers a legal framework to support future regulatory reform aimed at enhancing legal certainty, institutional accountability, and the protection of specialist medical trainees.
Checks and Balances in the Reorganization of State Institutions: A Constitutional Perspective Aryo Akbar; Surizki Febrianto; Bagio Kadaryanto; Yusramizza Md Isa; Hyeonsoo KIM
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.v26i3.30064

Abstract

This study aims to examine the application of the principle of checks and balances within Indonesia's constitutional structure, focusing on the relations among the House of Representatives (DPR), the President, and the Supreme Court/Constitutional Court. This principle is essential to preventing the misuse of power among branches of government and to ensuring that governmental administration operates in accordance with the rule of law and constitutionalism, particularly within a presidential system such as Indonesia's. This study employs a normative legal research method, analyzing primary and secondary legal materials related to the implementation of checks and balances within Indonesia's constitutional structure. The results show that checks and balances are implemented through interaction among the executive, legislative, and judicial branches, each possessing authority to supervise and counterbalance the others, as reflected in the relationships between the legislature and executive, the executive and judiciary, and the legislature and judiciary. These dynamics are shaped by overlapping authority among state institutions, which frequently produces ambiguity in the exercise of legislative oversight and judicial review. The study concludes that optimizing checks and balances requires a clearer delineation of institutional authority, whether through statutory revision or constitutional amendment, to ensure consistent and effective oversight. These findings have practical implications for legislative drafters and constitutional policymakers in clarifying overlapping supervisory mandates and reducing institutional ambiguity.
Regulations on the Distribution of Skincare Products and Legal Certainty Regarding Consumer Safety and Security Rights Tuti Haryanti; Rosdalina Bukido; Nasaruddin Umar
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.v26i3.30840

Abstract

This study aims to analyze the regulations governing the distribution of skincare products and the legal safeguards for consumer rights. The distribution of skincare products is becoming increasingly widespread and has the potential to harm consumers, particularly through marketing and sales on social media, which allow products to be discovered and purchased without adequate education. This study is a normative study using primary and secondary legal sources. The legal materials collected were analyzed by presenting existing theories logically and systematically to obtain significant and scientific results, followed by the formulation of recommendations. The results of the study indicate that the state has made efforts to ensure protection and legal certainty for consumers of skincare products through the establishment of regulations. However, existing regulations have not comprehensively addressed the distribution of skincare products, such as mechanisms for product transfer and the use of products without a doctor’s recommendation. This is due to the lack of clear boundaries between skincare and cosmetics within a legal framework. Additionally, current regulations still prioritize administrative obligations for business operators, thereby failing to ensure legal certainty and protection for consumers.  Therefore, there is a need to redefine the concept of cosmetics in legislation and reformulate the regulations governing the distribution of skincare products. The existing legal provisions do not align with the legal ideal of providing benefits and legal certainty for consumers.
Strengthening Anti-Corruption Governance through Information Technology: Developing a Digital Transparency Model Based on Islamic Civil Society Organizations in Batu City Tinuk Dwi Cahyani; Muhamad Helmi Md Said; Grace Emmanuel Kaka; Yaoyao Li; Nabila Aprilia Rismara
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.v26i3.30876

Abstract

This study explores the anti-corruption movement initiated by Islamic organizations through the utilization of information technology systems in Batu City. Challenges in implementing such systems include limitations in infrastructure, human resources, and regulatory frameworks, leading to regional disparities and digital divides. Furthermore, bureaucratic complexity and institutional resistance often impede the optimal use of technology to promote transparency and accountability. Employing both normative and empirical legal research methods, this study integrates a statute approach and a case approach to analyze relevant legal frameworks and real-world practices. Data were collected through Focus Group Discussions (FGDs) with the two largest Islamic organizations in Batu City, Nahdlatul ‘Ulama Branch Leadership (PCNU) and the Muhammadiyah Regional Leadership (PDM) as well as from policy documents and field observations. NVivo 12 Plus software was used to systematically code qualitative data, identify themes related to transparency, accountability, and corruption prevention, and visualize interconnections among findings. The results reveal that both organizations play a strategic role in supervising local governance. PDM Batu City actively conducts research on corruption issues and formulates policy recommendations to strengthen public integrity, while PCNU Batu City promotes a multidisciplinary approach that involves academics and the private sector in policy development. Despite the absence of integrated online financial management systems in schools under these organizations, their commitment to adopting digital platforms indicates progress toward enhanced transparency and data reliability. Overall, Islamic organizations contribute significantly to fostering anti-corruption values through technology-based governance initiatives in Batu City.

Page 29 of 29 | Total Record : 288

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