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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 7 Documents
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Search results for , issue "Vol 21, No 1 (2021)" : 7 Documents clear
Pola Pertimbangan Hakim dalam Memutuskan Perkara Perceraian di Pengadilan Agama Rizqiyah Rosyidatul Azizah
Kosmik Hukum Vol 21, No 1 (2021)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v21i1.8694

Abstract

The aim of this research was to determine the patterns of consideration of judges in deciding divorce cases in Sidoarjo Religious Court. This research used normative method with a case approach which is conducted by examining the ratio decidendi. Data was collected through primary legal sources which include several court judgement and secondary legal sources which were obtained from law books and several law journals that wererelated tothe research. It can be concluded from this research that in deciding the divorce case in the Sidoarjo Religious Court, the Panel of Judges uses a pattern of law through the Constantine stage, namely by finding legal facts in advance based on the information of the Plaintiff / Petitioner and witnesses. Next is the Qualification stage where the Panel of Judges assesses and discovers the law of events that have been conferred, while the final stage is the Constituency, namely the Judge's action to give his constitution to the events that have been conferred and qualified, so that in this stage the Panel of Judges has determined the law in passing a decision.Keywords: Divorce, Judicial Consideration, Court Judgement.
Tinjauan Hukum Kriminalisasi Berita Hoax: Menjaga Persatuan vs. Kebebasan Berpendapat Cindy Bella Devina; Dissa Chandra Iswari; Go Christian Bryan Goni; Devi Kimberly Lirungan
Kosmik Hukum Vol 21, No 1 (2021)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v21i1.8874

Abstract

The existence of hoaxes in Indonesia has been around for a long time. However, the term hoax was widespread and became part of daily conversations in the media and the public during the 2014 and 2019 Presidential Election. The rapid development of social media use and the ease of information exchange accelerated the spread of hoax. Even in the COVID-19 pandemic, hoax news about the corona virus and matters related to it are widespread in the community. This hoax news, both during the Election and the Covid-19 Outbreak, caused much unrest in the community. Some of the hoax news spreaders were jailed for violations of the ITE Law. Various legal practitioners and academics have also suggested that hoax news creators and spreaders be criminalized. This article reviews normatively whether the criminalization of hoax news is feasible for reasons of maintaining stability or needs to be eliminated to maintain freedom of opinion. The author reviews the normative aspects of criminalizing the creation and dissemination of hoax news by using Habermas' theory of deliberative democracy. Through this theory, the writer finds that hoax news makes aspects of democracy such as dialogue that is full of awareness and accurate information unattainable. This is also in line with what the Indonesian constitution wants. However, it is necessary to ensure that the criminalization of hoaxes is not used as an instrument of abuse of power considering that the circulation of hoaxes is a symptom of a problem rather than the root of the problem itself.Keywords: Fake News, Criminalization, Stability, Freedom of Speech, Deliberative Democracy, Legal Revuew
Penguatan Hukum Merek dalam Perjanjian Lisensi Guna Peningkatan Taraf Ekonomi Masyarakat di Indonesia Elza Syarief; Rina Shahriyani Shahrullah; Febri Jaya; Jendris Sihombing
Kosmik Hukum Vol 21, No 1 (2021)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v21i1.9336

Abstract

The issue of licensing agreements to improve the standard of living of people in Indonesia is very interesting to be studied in depth via intellectual discussions. Various problems should be taken as lessons for Indonesian people, for example: registration of the Toraja coffee trademark by the American businessmen, sambal uleg from Central Java and Gayo coffee by the Dutch and the song Sayang Sayange from Maluku and the legend of Garlic and Onion by Malaysia. The purpose of writing this article is to provide an explanation of the necessity to strengthen understanding of trademark law in the license agreement as an effort to improve the economic level of the Indonesian people. The problems focus on the government actions against the violations of Intellectual Property Rights (IPR) and as well as the roles of the government and society to improve the economic level of society through strengthening trademark law in license agreements. The research was conducted by using a normative legal research. The result of the research described in this article is that the economic level of the community can be increased by conducting a franchise business, providing opportunities for the franchisor to exploit economic rights in order to multiply and get the maximum profit at a low cost because it is borne by the franchisee.Keywords: Trademark, License Agreement, Economic Strata
Akibat Hukum Pandemi Covid-19 sebagai Bencana Non Alam Medis dalam Menetapkan Force Majeure di Indonesia Peni Jati Setyowati
Kosmik Hukum Vol 21, No 1 (2021)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v21i1.9407

Abstract

A contract forms a private entity between the parties involved, herein each party has the legal rights to demand the implementation or fulfillment of all elements contained in the contract. However, such legal relationship through the contract does not always fulfil the expectation and purpose. This might occur because the involved parties have committed breach of contract / default. Such condition can occur and be done by both parties because of coercion, error, fraud, or force majeure. In a more specific context, there are several causes of force majeure. The current condition of global pandemic of covid-19, including in Indonesia, has affected the implementation of an ongoing contract between involved parties becomes disrupted, even can result in null or not fulfilled the goals in the contract. Therefore, it is important for contract parties to understand more deeply about force majeure in responding to the latest condition. This normative legal research is intended to find out how the impact of the covid-19 pandemic on the force majeure clause of the contracts in Indonesia.Keywords: national disaster, covid-19, Indonesia, force majeure 
Penegakan Hukum Kepolisian Polres Ternate dalam Menanggulangi Peredaran Minuman Keras pada Masyarakat Kota Ternate Gunawan Hi Abbas; Paulus Tri Arso
Kosmik Hukum Vol 21, No 1 (2021)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v21i1.8698

Abstract

The concrete legal problem that becomes the problem in the city of Ternate is that the center of the supply of liquor (miras) is very high from various centers of Halmahera which are imported by sea, so that it makes it a bit difficult for the police to detect it, this should get serious attention from the city government of Ternate to deal with the problem. liquor which is widely consumed by the wider community, even traded in free places, ironically again among the younger generation, students, who can get it in a freely accessible place. In fact, the influence on the attitudes and actions of perpetrators of these alcohol users is very high, such as speeding on the highway which can disrupt traffic, create noise and chaos, and disturb the peace of other communities. This is due to reduced self-control due to excessive drinking. Various calls for the local government of the city of Ternate to pay more attention to the rampant distribution of liquor, of course there are signals from several sides, both in terms of legislation, regional regulations, which are implemented, law enforcement officials, and the legal culture of the community. Thus questioning law enforcement means positioning law enforcers in the context of realizing the objectives of law with security and order for the realization of a peaceful and prosperous society through an organization. The regional government together with the Ternate City DPRD to be asked to immediately revise the Regional Regulation (Perda) of Ternate City Number 5 of 2004 concerning alcohol which is considered not able to cause a deterrent effect, because the penalties regulated in the existing Ternate municipal regional regulations stipulate the maximum penalty, should be able to replaced with minimal penalties so as to have a deterrent effect on liquor sellers and users.Keywords: Law Enforcement, Alcoholic Beverage 
The Legal System Application Affect Factors in Preventing HIV / AIDS Transmission in Bali Prima Maharani Putri; I.G.A.K. Rachmi Handayani; Hartono Hartono; Widodo Tresno Novianto
Kosmik Hukum Vol 21, No 1 (2021)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v21i1.9704

Abstract

The issue of HIV/AIDS as a human rights issue in relation to public health has in principle become a topic of conversation in international public health law. In 1946, the World Health Organization (WHO) proclaimed that the highest success of a goal of public health standards was success in the treatment of HIV/AIDS as a fundamental issue of human rights. According to the last data of November 2019, Bali was ranked in the top five cases of HIV/AIDS with the number of PEOPLE with HIV/AIDS reaching 22,034 people. Of the number of cases nationally, Bali ranks number five after DKI Jakarta and West Java, even if reviewed from the average percentage compared to the population, Bali ranks in the top two nationally after Papua. The data when compared to the previous two years data is very different, where in 2017, Bali is still ranked sixth nationally. This article reviews Factors that affect the application of the legal system in preventing the transmission of HIV / AIDS in Bali Province. This research is a normative juridical research. Designed using the statute approach and conceptual approach. The results showed that Factors that affect the application of the legal system in preventing the transmission of HIV / AIDS in Bali Province are Multi-interpretation due to conflict  norms in various cases about HIV/AIDS in Indonesia.. However, it needs Immediately formulate improvements or spelled out in the Regulation of the Governor of Bali to be more synergistic fundamentally in terms of HIV/AIDS Prevention, especially its transmission management and elimination namely to The Regional Regulation of Bali Province No. 6 of 2014 on Child Protection; Local Regulation of Bali Province No. 4/2019  on Indigenous Villages and Local Regulations of Bali Province  No. 3/2006 on HIV/AIDS Prevention, as well as adjusting the Laws and Regulations on it.Keywords: HIV/AIDS, Legal System Application, Bali
Peningkatan Kemampuan Matematika Anak Didik Pemasyarakatan dengan Program Holistik sebagai Upaya Peningkatan Kualitas Pendidikan Rama Fatahillah Yulianto
Kosmik Hukum Vol 21, No 1 (2021)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v21i1.8834

Abstract

Law Number 11 year 2012 concerning the Juvenile Criminal Justice System is a concrete manifestation of Restorative Justice, which regulates diversion, in which Law Enforcement Officials are obliged to seek diversion for children. So far, the education provided by the government for Children in Conflict with the Law is only limited to formal education and moral formation education, no less important than that mathematical ability should also be a concern for the government with a low level of mastery of mathematics in Indonesia. The learning model that emphasizes comfort and pleasure for children is considered to be very effective in teaching math skills to children at LPKA. This study aims to identify a learning model that is in accordance with the characteristics of education in LPKA. So that it is hoped that children after being free can integrate with the community and have the same abilities as children who are outside the institution, as well as improve the self-concept possessed by children. The benefits of this study can provide input in formulating policies regarding the education system in LPKA.Keywords: ABH, Diversion, Education

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