cover
Contact Name
Yusuf Saefudin
Contact Email
yusuf.saefudin12@ump.ac.id
Phone
+6285647946633
Journal Mail Official
kosmikhukum@ump.ac.id
Editorial Address
Jl. K.H. Ahmad Dahlan, Purwokerto, Jawa Tengah Indonesia, 53182
Location
Kab. banyumas,
Jawa tengah
INDONESIA
Kosmik Hukum
ISSN : 14119781     EISSN : 26559242     DOI : 10.30595/jkh
Core Subject : Social,
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 110 Documents
Peran Teori Keadulatan Tuhan pada Perang Kediri dan Tumapel pada Pembentukan Hukum di Indonesia Sarip, Sarip
Kosmik Hukum Vol 20, No 2 (2020)
Publisher : Universitas Muhammadiyah Purwokerto (UMP)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/jkh.v20i2.7477

Abstract

The sovereignty of God in the state administration of the Kingdom of Indonesia can be seen from the words of Ken Arok attacking the kingdom of Kediri, "O Pastors who adhere to Shiva and Buddhism. Please bless me to have the title Bhatara Guru ”. The study of God's sovereignty can be clearly seen from the history of Ken Arok, who was the king of Tumapel, who succeeded in using God's sovereignty to gain power over Kediri. So the question is the extent to which the existence of the struggle for God's sovereignty in Indonesia which underlies divine values. Ken Arok as the ruler of Tumapel who is a subordinate of Kediri has committed an offense of royal state order. What was done by Ken Arok in terms of International Law as "belligerent". Ken Arok's movement to gain power by committing offenses on the state administration of the kingdom, legalized by the laws of the royal state at that time, as well as international law today. In addition to evidence of the theory of God's sovereignty which was applied by Ken Arok to strengthen his power, in modern times too, the theory of God's sovereignty was practiced by Soekarno during the Old Order. As proof of the theory of God's Sovereignty during the Soekarno era came from the minister of religion of the Republic of Indonesia who at that time was held by Wahid Hasyim, who considered it important to build a magnificent mosque as gratitude for Indonesia's independence in the struggle against the invaders.Keywords: sovereignty, God, struggle, kingdom
Data Identification of Cirebon Batik West Java Source of Strength Geographical Indication Kudiya, Komarudin; Ayu, Miranda Risang
Kosmik Hukum Vol 20, No 2 (2020)
Publisher : Universitas Muhammadiyah Purwokerto (UMP)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/jkh.v20i2.6954

Abstract

In the history of batik in Indonesia, We used to know that batik is identified with Javanese culture. In addition, the use of batik cloth is limited to the royal court with a variety of very strict rules. But in its development, batik is no longer owned by Javanese, batik has now become one of the "national clothes" of Indonesia that is used by Indonesians throughout the archipelago on various occasions. In West Java batik has grown and developed in 27 regencies/cities spread from the eastern part of the Cirebon district to the western of West Java, Depok. There are potential characteristics and excellences from each region in West Java that people could not find in other regions. The uniqueness and characteristics of batik in certain area are part of the protection system of geographical indications that identify an area of the country, as the origin region of the product, where the reputation, quality and characteristics of related products are largely determined by geographical factors in the region. The need for a complete and accurate identification in the protection of Geographical Indications is very important considering batik products in West Java have enormous potential that can be protected as part of Geographical Indications (IG) which can be used as marketing tools in the world of commerce, both at the national and international level.Keywords: Cirebon Batik, Geographical Indication, Identification
Analisis Penyelesaian Sengketa Pemilihan Kepala Desa di Indonesia Satria, Adhi Putra
Kosmik Hukum Vol 20, No 1 (2020)
Publisher : Universitas Muhammadiyah Purwokerto (UMP)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/jkh.v20i1.6991

Abstract

This study aims to provide knowledge about how to resolve village head election disputes in Indonesia after the issuance of Law No. 6 of 2014 concerning Villages. This research is qualitative research with a normative juridical approach. This research will focus on the discussion of how to resolve election disputes for Village Heads in Indonesia after the issuance of Law No. 6 of 2014, and how problems arise due to the settlement of disputes over the results of the Village Head election after the issuance of Law No. 6 of 2014. The results show that Law No. 6/2014 has mandated that the settlement of Village Head election disputes that are settled by the Regent / Mayor is no later than 30 days after the determination of the Village Head candidate elected by the Village Head election committee, however in its implementation there are still problems, these problems can be seen from not regulating changes and settling disputes over the results of the Village Head election. In addition, the problem with the authority given to the Regent / Mayor to resolve disputes over the results of the Village Head election is when the Regent / Mayor is a state institution that has the power of the state in the executive, not the judiciary, the Regent / Mayor is also a product of political parties, so that the authority is given It is feared that the authority to implement disputes over the results of the Village Head election will not be objective. The conclusion of this research is to form a special judicial institution for disputes over the results of village head elections.Keywords: Labor Social Security, Parking Attendants, Department of Transportation
Mediasi Pertanahan sebagai Model Alternatif Penyelesaian Sengketa Hak Ulayat Antara Masyarakat Adat Desa Eti dengan Pemerintah di Kabupaten Seram Bagian Barat Provinsi Maluku Angga, La Ode
Kosmik Hukum Vol 20, No 2 (2020)
Publisher : Universitas Muhammadiyah Purwokerto (UMP)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/jkh.v20i2.7541

Abstract

This study has long term goals, namely to find a model of dispute resolution of the Indigenous People of the Village of Eti with the Government in the West Seram (SBB). The method of approach used in this research is sociological juridical descriptive qualitative analysis. This study seeks to illustrate what happened in the Eti Indigenous community with the government around the conflict that occurred at the location of this study, namely the West Seram District (SBB). Data collection techniques used in this study are: Interviews, questionnaires and literature studies. Land mediation as an alternative model of dispute resolution between the people of Desa Eti and the SBB government in the following stages; first the team conducted a Dialogue, the Dialok was done well to the people of the Desa Eti with the government involved in a customary land dispute. This is done by the team to find out the desires of the parties in resolving the existing conflict. The second step is to negotiate the two parties involved in land conflicts. This is important in the context of the negotiation process between the two parties to the conflict in the land conflict both from the representatives of the two villages of Eti with the government with the aim of finding mutually beneficial solutions to each other so that both can be open and no one feels disadvantaged, negotiations in a place agreed by both parties. The third step is the team conducting Land Mediation. Mediation was carried out by both parties with the assistance of the team. The method used in this mediation is to resolve this conflict by mediating between the two groups involved in the conflict through the assistance of a neutral third party. The mediator who acts as the mediator has the task of explaining the process and helping both parties to resolve the conflict with the mediation stages prepared by the team. The fourth step is Peace Building (an attempt to restore conditions). We have carried out this effort with the aim of restoring the destructive state caused by violence in the conflict by building bridges of communication between the parties involved in the conflict between the people of Desa Eti and the government. And the fifth rarity is the follow-up supervision stage of the agreement that has been mutually agreed.Keywords: Mediation of Land, Settlement of Disputes, Land Rights
Analisis Yuridis terhadap Kasus Gugatan Perbuatan Melawan Hukum atas Ketidakabsahan Peralihan Hak Milik Benda Bergerak (Studi Kasus Putusan Mahkamah Agung Nomor 1081/K/PDT/2018) Laksana, Fathalya
Kosmik Hukum Vol 20, No 1 (2020)
Publisher : Universitas Muhammadiyah Purwokerto (UMP)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/jkh.v20i1.6433

Abstract

The legal requirements are regulated in Article 1320 of the Civil Code (KUHPerdata). If the valid conditions of the promise are not fulfilled, then the law that results is that the agreement can be canceled or null and void. In the Court's practice contained in the Supreme Decision Number 1081K / PDT / 2018, there was a sale and purchase agreement between the Plaintiff's husband and the Defendant, the sale and purchase agreement was made by the Plaintiff's partner without the consent of the Plaintiff as his legal wife. Supreme Court Decision No. 1081K / PDT / 2018 stated that the sale and purchase agreement was invalid and null and void. Apart from that, in its decision, the Defendant's UN Supreme Court had committed an illegal act. The research method used is a normative juridical approach using secondary data obtained from literature studies, namely statutory regulations, legal theories, and the opinions of leading legal scholars. This research uses descriptive analytical research specifications that describe the regulations that are in accordance with legal theories that oversee the implementation practices of the problems under study. The data analysis method used is qualitative normative method. Based on the research results, it can be denied that the sale and purchase agreement in the Supreme Court Decision Number 1081K / PDT / 2018 is not legally valid. The agreement does not fulfill the validity requirements of the agreement in Article 1320 of the Civil Code, namely halal skills and causes because it violates Article 36 paragraph (2) of the Marriage Law No. 1 of 1974 resulting in the sale and purchase agreement to be null and void.Keywords: Buying and Selling, Acts against the Law, Agreement, Marriage, Collective Property
Optimalisasi Pengawasan Perizinan dan Perpanjangan Trayek Angkutan Kota (Studi di Kabupaten Banjarnegara) Putra, Krisna Pramesti; Amarini, Indriati; Kartini, Ika Ariani
Kosmik Hukum Vol 19, No 2 (2019)
Publisher : Universitas Muhammadiyah Purwokerto (UMP)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/jkh.v19i2.8218

Abstract

Municipal transportation means of transportation are required to have a route permit and are obliged to extend route permits that have expired. The issuance of route permits and extension of route permits is carried out by the Transportation Agency. This research is normative juridical research. The data used is secondary data sourced from books, research reports, scientific journals, and legislation. Interviews were conducted to add secondary data. The results showed that many city transportations have not extended their route permits. The Banjarnegara Regency Transportation Office as a service provider carries out supervision, provides guidance/socialization as well as evaluations and reports. The obstacles faced in the supervision are the lack of operational implementation and the attitude of city transport owners who have not routinely extended route permits. Optimization from the Banjarnegara Regency Transportation Office in the form of increased guidance for vehicle owners, coordination with police agencies in law enforcement against violations of route permits. Evaluation is needed in the form of ease of granting route permits and the apparatus' assertiveness against violators of route permits.Keywords: Supervision, Route Permit, City Transportation 
Tantangan dan Permasalahan Penegakan Hukum Tindak Pidana Korupsi di Indonesia Wiranti, Yenni; Arifin, Ridwan
Kosmik Hukum Vol 20, No 1 (2020)
Publisher : Universitas Muhammadiyah Purwokerto (UMP)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/jkh.v20i1.3822

Abstract

Corruption is an extraordinary crime. It grows in the human body because man's eternal nature is greed. Corruption is an act committed with the intention of obtaining several benefits that is contrary to official duties and other truths. The Corruption Law is regulated in Law Number 31 Year 1999. It is understandable if corruption is so difficult to eradicate, partly because the approach used is still partial, whereas the handling needed is a multidimensional approach. The wide enough social and power gap in the structure of society also influences the opening of opportunities for corruption, which in turn contributes greatly to the culture of corruption.Keywords: Corruption, Eradication, Causes of Corruption, Law Enforcement
Aspek Hukum Perlindungan Data Konsumen E-Commerce Hidayah, Ardhiana; Marsitiningsih, Marsitiningsih
Kosmik Hukum Vol 20, No 1 (2020)
Publisher : Universitas Muhammadiyah Purwokerto (UMP)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/jkh.v20i1.8251

Abstract

Consumer data protection is part of the consumer protection aspect of online transactions or e-commerce activities. This research is a normative legal research based on library research. This study aims to know and understand that personal data is part of the constitutional rights of citizens, so that the state is obliged to protect dignity, respect and integrity of consumers as human beings. The use of any information through electronic media that involves a person's personal data must be done with the consent of the person concerned. The misuse of consumer data is a major problem in legal protection to consumers. Consumer data protection only relies on Ministerial Regulation Number 20 Year 2016 concerning Protection of Personal Data which cannot be used as a basis for solving the problem of data misuse. There needs to be a special institution in processing law enforcement in the context of protecting consumer data.Keywords: Consumer Data Protection
KARAKTERISTIK YURIDIS PERJANJIAN WARALABA Widodo, Selamat
Kosmik Hukum Vol 16, No 1 (2016)
Publisher : Universitas Muhammadiyah Purwokerto (UMP)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v16i1.1305

Abstract

Waralaba didasarkan pada suatu perjanjian yang disebut perjanjian waralaba. Bentuk perjanjian waralaba ini melibatkan minimal dua pihak yaitu Pemberi Waralaba dan Penerima Waralaba. Hubungan antara Pemberi Waralaba dan Penerima Waralaba merupakan suatu hubungan timbal balik sehingga harus ada keseimbangan hak dan kewajiban antara Pemberi Waralaba dan Penerima Waralaba. Waralaba yang baru dikenal di akhir tahun 1990 di Indonesia sehingga harus dipahami dengan jelas karateristik yurudis perjanjiannya untuk memberikan kepastian ataupun perlindungan hukum bagi kedua belah pihak. Kata kunci: Waralaba, karakteristik yuridis, perjanjian.
Surat Dakwaan dalam Hukum Acara Pidana Sebagai Bentuk Mendukung Penegakan Hukum di Indonesia S., Laurensius Arliman
Kosmik Hukum Vol 19, No 1 (2019)
Publisher : Universitas Muhammadiyah Purwokerto (UMP)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v19i1.4081

Abstract

Abstract The indictment has a very important role in examining a criminal case in court by a judge, which is the basis for the judge in deciding a case and examine the case within the limits contained in the indictment. It is like that contained in Article 143 paragraph (1) Code of Criminal Procedure states prosecutor delegate a case to the District Court with a request to immediately try the case along with the indictment. In the Criminal Procedure knowledge there is no explanation of the purpose of this indictment. Keywords: Code of Criminal Procedure, Obstacles, Indictment Abstrak Surat dakwaan mempunyai peranan yang sangat penting dalam memeriksa suatu perkara pidana di persidangan oleh seorang hakim, dimana merupakan dasar bagi hakim dalam memutuskan suatu perkara dan memeriksa perkara dalam batasan-batasan yang termuat di dalam surat dakwaan. Sebagaimana dimuat di dalam Pasal 143 ayat (1) KUHAP, Penuntut Umum melimpahkan perkara ke Pengadilan Negeri dengan permintaan agar segera mengadili perkara tersebut disertai dengan surat dakwaan. Akan tetapi pengetahuan Hukum Acara Pidana tidak memberikan penjelasan mengenai maksud dari surat dakwaan tersebut. Kata kunci: Hukum Acara Pidana, Kendala, Surat Dakwaan

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