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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 295 Documents
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Discrimination against Geographical Indications of Traditional Alcoholic Beverages: Anomaly of the National Treatment Principle in International Trade Law Rian Saputra; Dora Kusumastuti; Devi Triasari
Kosmik Hukum Vol. 25 No. 3 (2025)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v25i3.27885

Abstract

This research seeks to analyse the discrimination and prohibition surrounding the registration of traditional Indonesian alcoholic beverages as Geographical Indication (GI) products using a living law methodology. It also analyses discrimination wherein analogous products from other nations may be registered as GI products in Indonesia. In contrast, domestic products face registration prohibitions, as assessed through the National Treatment Principle in International Trade. This research utilises a normative legal methodology, incorporating both legal and conceptual frameworks. The research findings indicate that, from a living law perspective, the prohibition and discrimination against the registration of traditional alcoholic beverages as GI products under Article 56(1)(a) of Law No. 20 of 2016 do not embody the nation's diverse spirit as envisioned by Savigny's Legal History. Secondly, the fact that analogous products from foreign origins may be registered as Geographical Indications (GIs) in Indonesia, by the non-discrimination principle of the WTO Agreement, necessitates that each member state accord services and service providers from other member states the same treatment as those from its nation. The idea of non-discrimination aims to avert discriminatory practices against foreign products or trade based on the preference for domestic goods or merchants. In the context of enforcing Article 56(1)(a) of Law No. 20 of 2016 on Trademarks and Geographical Indications, the practice diverges from this principle, as the DJKI acknowledges foreign alcoholic beverages as geographical indications, while local traditional alcoholic beverages are not recognised.
Judicial Pardon and Restorative Justice: Towards Corrective Sentencing in the Indonesian Criminal Law System Armansyah
Kosmik Hukum Vol. 25 No. 3 (2025)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v25i3.28358

Abstract

The essence of restorative justice lies in achieving a balanced fulfillment of criminal law objectives, which extend beyond mere legal certainty to encompass justice and societal benefit. Within this framework, judicial pardon defined as the judge’s authoritative discretion to grant forgiveness to an offender serves as a corrective response to the rigidity of the legality principle in the criminal justice system. This study employs a non-doctrinal paradigm with a descriptive approach to analyze the role of judicial pardon as a form of corrective sentencing in Indonesia’s criminal justice system. The findings indicate that a judicial pardon allows judges to render a verdict without imposing punishment when an offender is found guilty but, in the judge’s view, does not warrant penal sanction. Such verdicts differ fundamentally from acquittals, releases, or convictions, thereby establishing judicial pardon as a unique category of judgment. However, despite its recognition in the National Criminal Code, the absence of technical provisions in the Draft Criminal Procedure Code (RKUHAP) limits its practical application. Therefore, judicial pardon should be regulated not only within substantive criminal law but also in procedural criminal law, ensuring its operative function in delivering both moral and legal justice through restorative mechanisms. By conceptualizing judicial pardon as corrective justice, this research not only highlights its normative and procedural challenges but also offers insights for strengthening the balance between moral justice and legal justice in Indonesia’s evolving criminal law system.
Intellectual Property Protection Flexibility and Food Security in Indonesia: Towards an Inclusive Innovation Framework Kanti Rahayu; Kus Rizkianto; Youssef Baqil
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.v26i3.28716

Abstract

This study examines the urgency of flexible intellectual property (IP) protection policies in supporting food security in Indonesia. The research employs a normative juridical approach combined with library research by analyzing legal regulations, international agreements, and academic literature related to intellectual property protection, agricultural innovation, and access to genetic resources. The findings reveal that Indonesia’s current IP protection framework, particularly in patents, plant variety protection, and biotechnology, faces challenges in balancing exclusive rights with public interests. A rigid IP regime may limit farmers’ access to seeds, agricultural technologies, and genetic resources, potentially affecting food sovereignty and national food security. This study demonstrates that policy flexibility is essential to harmonize innovation incentives with farmers’ rights and public access. Such flexibility can be achieved through compulsory licensing, research and public interest exceptions, sui generis plant variety protection, and recognition of traditional knowledge and genetic resources. The study contributes to the development of an IP policy framework that integrates innovation protection with social justice and sustainable food security objectives. Reformulating Indonesia’s IP policies toward a more flexible approach is necessary to ensure equitable access to agricultural technologies while promoting inclusive and sustainable food security.
Abuse Application Bankruptcy as a Deterrent Strategy Business Competition in Indonesia Surahman Surahman; Siti Zulfa Masruroh
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.v26i3.32181

Abstract

Bankruptcy proceedings in Indonesia are designed as an instrument for fair and effective debt settlement. However, the simplicity of bankruptcy requirements under Law Number 37 of 2004 creates opportunities for abuse, including the use of bankruptcy applications to pressure, weaken, or eliminate business competitors. This study aims to identify the modes and characteristics of bankruptcy applications used as anti-competitive instruments and formulate an ideal legal framework integrating bankruptcy and business competition law. This normative legal research employs statutory, case, conceptual, and comparative approaches. Legal materials are analyzed qualitatively and normatively through legislation, judicial decisions, legal doctrines, and comparative legal frameworks. The findings identify three modes: tactical bankruptcy petitions based on disputed debts, bankruptcy threats as negotiation leverage, and exploitation of the simple evidentiary standard to transfer complex disputes into bankruptcy proceedings. Six cumulative indicators characterize such abuse: the respondent's solvency, unresolved debt status, disproportion between debt and resulting harm, absence of prior genuine collection efforts, the applicant's position as a direct competitor, and procedural irregularities. The study concludes that the existing framework lacks sufficient safeguards against anti-competitive bankruptcy applications. It recommends five measures: an insolvency test, prima facie good-faith disclosure, pre-trial screening, effective sanctions and recovery, and institutional coordination between the Commercial Court and the competition authority.
Rethinking the Enforcement of Gratification Offenses in Indonesia: Legal Elements, Criminal Liability, and the Authority of the Corruption Eradication Commission Chairul Huda
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.v24i3.32388

Abstract

The regulation of gratification as a corruption offense in Indonesia remains controversial, particularly in determining the boundary between legitimate social gifts and gratification that constitutes a criminal offense. Although Article 12B of Law Number 20 of 2001 provides a specific legal framework for gratification, its application raises questions concerning the core elements (*bestanddeel*) of the offense, the objective and subjective conditions of criminal liability, and the authority of the Corruption Eradication Commission (KPK) in assessing gratification. This study aims to examine the legal construction and enforcement of gratification offenses in Indonesia by analyzing the constituent elements of the offense, the objective and subjective conditions that must be fulfilled, and the limits of KPK authority in determining the legal character of gratification. This study employs a normative juridical method using a statutory, conceptual, and case-based approach. The analysis demonstrates that the criminalization of gratification cannot be based solely on the existence or receipt of a gift by a public official, but must be assessed through the fulfillment of the statutory elements and its substantive relationship with the recipient's official position and obligations. The study further argues that the distinction between legitimate social gifts and criminal gratification requires a contextual and proportionate interpretation that considers the purpose, circumstances, relationship between the parties, and potential influence on official duties. Moreover, KPK's preventive and administrative authority concerning gratification must remain within the limits prescribed by law and must not substitute judicial determination of criminal liability. This study concludes that a clearer and more proportionate legal construction is necessary to ensure that gratification enforcement effectively prevents corruption while simultaneously upholding legality, legal certainty, proportionality, and substantive justice.

Page 30 of 30 | Total Record : 295

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