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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 8 Documents
 1 
Search results for , issue "Vol 22, No 2 (2022)" : 8 Documents clear
Peran Jabatan Notaris dalam Pembuatan Akta Pengalihan Hak Atas Merek Terdaftar Kanti Rahayu; Kus Rizkianto; Mukhidin Mukhidin
Kosmik Hukum Vol 22, No 2 (2022)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v22i2.13483

Abstract

Marks can be transferred to other parties by registered trademark owners. The transfer can be done from person to person or transfer from one person or several people to a company or corporation. The possibilities that can occur on the transfer of a brand from a personal to a company include selling the brand personally to a certain company. Transfer of Marks has been regulated in Article 41 of the Law on Marks and Geographical Indications concerning the Transfer of Rights and Licenses. Right to Mark can be transferred due to Inheritance; Will; Waqf; Grant; Agreement; or other reasons justified by the provisions of laws and regulations. This study aims to explain the legal arrangements for making a deed of transfer of rights to a registered mark and examine the role of the Notary Position in making a deed of transfer of rights to a registered mark. This study uses library research methods with a normative research approach with qualitative analysis. The result is that the legal arrangements regarding the transfer of rights to registered marks have been regulated in Article 41 of Law no. 20 of 2016 concerning Marks and Geographical Indications which states that rights to registered marks can be transferred by several mechanisms justified by law such as through inheritance, endowments, grants, wills, agreements and other reasons according to the applicable law. Every act of transferring rights to a registered mark must be registered with the Minister accompanied by supporting documents. Once recorded, the transfer of rights to the mark will be announced in the Official Gazette of Marks and may be subject to a fee. Then the terms of the transfer of rights to the registered mark in the form of a deed must be made before a Notary as the official office of the deed maker.Keywords: Notary, Deed, Transfer of Rights, Registered Mark
Potensi Penggunaan Platform Sosial Media Guna Mengurangi Sampah Plastik di Lautan Indonesia Sapto Hermawan; Gatot Isnawanjati Budi Abiyudo
Kosmik Hukum Vol 22, No 2 (2022)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v22i2.14140

Abstract

Following the We Are Social publication, the percentage of social media users in Indonesia in 2022 will be almost 90% of the total population of Indonesia. In a simple illustration, this factual condition has great potential and strength. However, the Government has not widely utilized the potential for social media in formulating and implementing policies, especially policies related to protecting and preserving the environment. This article aims to describe the relationship between social media platforms and their optimization to reduce marine plastic litter and the problems accompanying it. The research method used is socio-legal, which combines dogmatic research with empirical research through a theoretical critique approach. The results show that social media implementation has a positive impact, directly increasing awareness of the community's ability to fight for environmental protection and governance, especially efforts to combat the marine plastic issue. However, some significant difficulties are still visible; therefore, a proactive role is needed for the Government to optimize the use of social media in supporting efforts to preserve the environment, especially in campaigning for the reduction of marine plastic litter.Keywords: environmental protection, social media, marine plastic litter
Perubahan dan Implikasi Susunan Organisasi dan Kewenangan Majelis Permusyawaratan Rakyat Setelah Amandemen UUD 1945 Tenang Haryanto; Sri Hartini; Muhammad Toufik; Krisnhoe Kartika
Kosmik Hukum Vol 22, No 2 (2022)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v22i2.13260

Abstract

The organizational structure of the MPR based on the amendments to the 1945 Constitution consists of members of the DPR and members of the DPD. Membership of the MPR is similar to the membership of Congress in the United States, which consists of the House of Representatives (lower house) and the Senate (high house). The authority of the MPR after the amendment of Article 3 of the Constitution of the MPR is no longer the highest state institution, but is a state institution whose position is equal to other state institutions. The purpose of this paper is to examine the changes in the organizational structure and authority of the People's Consultative Assembly after the amendment to the 1945 Constitution and what are the implications for changes in the organizational structure and authority of the MPR after the amendment. This research uses a statue approach. Data sourced from primary and secondary legal materials were analyzed using qualitative normative analysis methods. The results of the study found that after the amendment to the 1945 Constitution, the concept of the MPR as the holder of people's sovereignty was abolished. The MPR no longer holds the highest power in the state administration system in Indonesia. The implications of changes after the amendment to the Constitution, the role of the MPR is only limited to carrying out the task of socializing the results of the amendments to the 1945 Constitution and inaugurating the President and Vice President.Keywords:  Organizational structure, Authority, MPR
Pertimbangan Hukum Putusan Bebas Pada Perkara Tindak Pidana Korupsi (Studi Kasus Pada Perkara Nomor: 19/Pid.TPK/2021/PN.SMG) David Bani Adam
Kosmik Hukum Vol 22, No 2 (2022)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v22i2.14152

Abstract

The purpose of writing this article is to find out how the legal considerations of judges' decisions in cases of corruption are acquitted (vrijspraak) Case number: 19/Pid.TPK/2021/PN.SMG based on the Criminal Procedure Code. The method in this study uses a normative legal research method using a law approach. concluded1. The types of judge's decisions in cases of criminal acts of corruption based on the Criminal Procedure Code are free and free from all lawsuits or criminal charges. The judge's verdict is free if it is not proven legally and convincingly that the defendant is guilty of committing the crime charged. The sentencing decision is handed down if the judge is of the opinion that the defendant is legally and convincingly proven guilty of committing the crime for which he is charged. 2. Legal considerations of the panel of judges in passing an acquittal against the crime of corruption number: 19/Pid. TPK / 2021 / PN. SMG). The author concludes that the court's decision on the criminal act of corruption that acquits the defendant is basically permissible. As long as the judge's decision has the essence of a strong and accountable rati legis, on the basis of considerations of the value of justice and considerations of judex factie as in the a quo case.Keywords: Legal Considerations, Free Decisions, Corruption Crimes
Peran Otoritas Jasa Keuangan dalam Pemberantasan Tindak Pidana Penipuan Yang Memanfaatkan Rekening Bank Sebagai Rekening Penampungan Selamat Widodo; Ika Ariani Kartini
Kosmik Hukum Vol 22, No 2 (2022)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v22i2.14151

Abstract

The rise of fraud with various modes has worried the public a lot, especially fraud by electronic means. The modus operandi of the perpetrators of the crime varies, ranging from online buying and selling, lottery winners, claiming to be officers, to news reports of relatives who have had an accident and need money to pay for the treatment process. After the victim is deceived, the perpetrator will ask the victim to transfer a certain amount of money to a certain bank account that has been determined by the perpetrator. After the victim transfers a certain amount of money, the perpetrator immediately transfers or withdraws all the money in his account. The purpose of the establishment of OJK is that all activities in the financial services sector can be carried out in an orderly, fair, transparent and accountable manner. Then be able to realize a financial system that grows in a sustainable and stable manner and is able to protect the interests of consumers and the public. In order for the public to get protection from the abuse of crime from parties who are not responsible for bank accounts used as a repository for the proceeds of crime, strict supervision and regulation is necessary. This is one of the duties and roles of OJK in providing protection to the public. One of the powers possessed by OJK is banking supervision. In the existing provisions, banks are required to apply the principle of know your customer or CDD (coctumer due dilligent), namely the principle of knowing your customer. So that in the event that the perpetrator of a crime uses his account as a means of crime, law enforcement officers can immediately make arrests and legal proceedings, because the customer has been known and recognized by the bank.Keywords: Financial Services Authority, Know Your Customer/Customer Due Dilligent Principle, Bank account.
Dampak Pandemi Covid dan Penerapan New Normal pada Kredit Bermasalah dan Profitabilitas Perbankan Di Indonesia Tri Septyanto; Dewi Susilowati
Kosmik Hukum Vol 22, No 2 (2022)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v22i2.14097

Abstract

The COVID-19 pandemic has had a significant impact on the economy, and the banking industry is no exception. The impact of the pandemic on the banking industry, namely the decline in bank health. Various efforts have been made by the government to revive the banking industry, one of which is the issuance of OJK regulation Number 11/PJOK.03/2020 concerning "National Economic Stimulus as a Countercyclical Policy for the Impact of the 2019 Covid Spread". This study aims to compare the ratio of non-performing loans/financing (NPL/NPF) and banking profitability in Indonesia before and after the COVID-19 pandemic and the implementation of the new normal. The object of this research is the banking industry, both conventional and sharia in Indonesia, with an observation period of 12 months from November 2019-November 2020. The sampling method uses purposive sampling, namely sampling according to the research objectives, and produces a sample of 38 conventional banking and 33 Islamic banking. The method of analysis used paired sample t-test. The results of the analysis show that: 1) there are significant differences in non-performing loans (NPL) before and after the covid 19 pandemic for conventional banking but for Islamic banking there is no significant difference. 2) There is no significant difference in the profitability of conventional banks before and after the pandemic or the implementation of the new normal. 3) there is no significant difference in NPL/NPF after the Covid 19 pandemic and after the implementation of the new normal. The results of this study provide empirical evidence that banking restructuring policies in Indonesia to anticipate the impact of COVID-19 have not run optimally.Keywords: comparison, performance, non-performing financing, profitability, banking
Wakaf Produktif Sumber Mata Air Sebagai Upaya Mewujudkan Kesejahteraan Umat Berdasarkan Undang-Undang Nomor 41 Tahun 2004 Tentang Wakaf Dodi Mustajab
Kosmik Hukum Vol 22, No 2 (2022)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v22i2.14153

Abstract

Society in general considers waqf limited to immovable objects that are used for the common good. For example, land used to build mosques, Islamic boarding schools, schools, cemeteries, and so on. In fact, apart from having a religious spiritual dimension, waqf is actually an Islamic teaching that is beneficial for the welfare of the people. This study aims to describe the waqf of springs as an effort to realize the welfare of the people. This study used qualitative research methods. The data is sourced from primary and secondary data which is processed and analyzed in a descriptive-analytical manner. The results of the study show that water sources can also be used as legal waqf objects. However, it should be underlined that the waqf is a source of water or wells, and not the water itself. This is because water is classified as something that can be consumed / utilized so that it cannot be used as a waqf object. In contrast to wells or water sources that can always flow and provide benefits. In a sense, this water waqf is used for public and religious purposes, such as bathing, drinking, and ablution.Keywords: waqf, water sources, welfare, people.
Implementasi Peraturan Bupati Tegal Nomor 6 Tahun 2019 Tentang Fasilitasi Penumbuhan dan Pengembangan Kewirausahaan di Kabupaten Tegal Moh Taufik; Bha'iq Roza Rakhmatullah
Kosmik Hukum Vol 22, No 2 (2022)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v22i2.13349

Abstract

The Tegal Regency Government under the leadership of Mrs. Umi Azizah created a program to be able to help overcome unemployment, especially among youth in Tegal Regency, by issuing a policy in the form of Regent Regulation Number 6 of 2019 concerning Facilitation of Entrepreneurship Growth and Development for Youth in Tegal Regency. This research is normative juridical research on issues relating to laws and other accompanying regulations regarding youth and entrepreneurship, this study aims to determine the implementation of the Tegal regent's regulation number 6 of 2019 concerning the facilitation of the growth and development of entrepreneurship. in this study using qualitative data analysis methods, namely normative juridical presented descriptively. Regent Regulation number 6 of 2019 made the main strategy, namely the commitment of Tegal Regency to improve the ranking of all indicators in youth and entrepreneurial policies in a better direction, structural improvements for all indicators, increasing independent entrepreneurs who can contribute to the community and the Tegal Regency Regional Government.Keywords: Implementation, Entrepreneurship, Economy of Tegal Regency. 

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