Pub Date : 2023-05-11DOI: 10.30595/kosmikhukum.v23i2.17343
Rafiqa Sari, Tiara Ramadhani, Darwance Darwance
Indonesian society is the society it consists of from various ethnicity, nation, culture, religion and beliefs are diverse . Indonesian citizen, deep matter implementation his marriage subject to Law No. 1 of 1974, however only for people whose religion and beliefs recognized by the state. Objective from study This is analyze validity marriage devout trust seen from regulation the prevailing laws and regulations in Indonesia. Study This done with use method law normative through studies library. The resulting research results is after legalized Regulation Government Number 40 of 2019 concerning Implementation Constitution Number 24 of 2013 concerning Administration Population. So that he admitted marriage devout trust in Indonesia in law positive, with implementation marriage through procedures that have determined in regulation legislation. Is one _ proof that law positive in Indonesia, admitted existence devout trust after exists decision court Constitution.Keywords: Marriage, Appreciation Trust, Positive Law
{"title":"Marriage Appreciation Trust Viewed From Indonesian Positive Law","authors":"Rafiqa Sari, Tiara Ramadhani, Darwance Darwance","doi":"10.30595/kosmikhukum.v23i2.17343","DOIUrl":"https://doi.org/10.30595/kosmikhukum.v23i2.17343","url":null,"abstract":"Indonesian society is the society it consists of from various ethnicity, nation, culture, religion and beliefs are diverse . Indonesian citizen, deep matter implementation his marriage subject to Law No. 1 of 1974, however only for people whose religion and beliefs recognized by the state. Objective from study This is analyze validity marriage devout trust seen from regulation the prevailing laws and regulations in Indonesia. Study This done with use method law normative through studies library. The resulting research results is after legalized Regulation Government Number 40 of 2019 concerning Implementation Constitution Number 24 of 2013 concerning Administration Population. So that he admitted marriage devout trust in Indonesia in law positive, with implementation marriage through procedures that have determined in regulation legislation. Is one _ proof that law positive in Indonesia, admitted existence devout trust after exists decision court Constitution.Keywords: Marriage, Appreciation Trust, Positive Law","PeriodicalId":197254,"journal":{"name":"Kosmik Hukum","volume":"70 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135526182","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-05-11DOI: 10.30595/kosmikhukum.v23i2.18426
Agus Raharjo, Yusuf Saefudin, Sonny Zulhuda
Over recent decades, the boom in information and communication technologies (ICTs) has brought completely new ways of establishing and maintaining relationships. Nevertheless, in very different ways, people are vulnerable to multiple forms of violence that threaten their physical and psychological integrity. Various media and new technologies are explored, but particularly the Internet and mobile phones and the convergence between the two are discussed. The religious hate speech was easily found on the internet. The victims on certain social media can report it to the managers for blocked. But on some websites, such things cannot be done, so those who feel victimized ended up doing the same thing to the first attack. Cyberwar through words will continue without end. State responses alone will never be sufficient. This happens for several reasons. First, the possibility of anonymity; second, the rapidly growing anarchy in cyberspace as a form of culture wild-wild west; the third, still weak law enforcement in the field of cybercrime – especially religious hate speech; fourth, the possibility of committing crime outside the criminal jurisdiction of a country; and fifth, diminishing of tolerant awareness. There should be a criminal policy and strong in handling this crime, and growing healthy behaviors for Internet users to communicate with other users.Keywords: cybercrime; religious hate speech; internet; anonymity; anarchy.
{"title":"Legal Protection for the Victims of Religious Hate Speech on the Internet","authors":"Agus Raharjo, Yusuf Saefudin, Sonny Zulhuda","doi":"10.30595/kosmikhukum.v23i2.18426","DOIUrl":"https://doi.org/10.30595/kosmikhukum.v23i2.18426","url":null,"abstract":"Over recent decades, the boom in information and communication technologies (ICTs) has brought completely new ways of establishing and maintaining relationships. Nevertheless, in very different ways, people are vulnerable to multiple forms of violence that threaten their physical and psychological integrity. Various media and new technologies are explored, but particularly the Internet and mobile phones and the convergence between the two are discussed. The religious hate speech was easily found on the internet. The victims on certain social media can report it to the managers for blocked. But on some websites, such things cannot be done, so those who feel victimized ended up doing the same thing to the first attack. Cyberwar through words will continue without end. State responses alone will never be sufficient. This happens for several reasons. First, the possibility of anonymity; second, the rapidly growing anarchy in cyberspace as a form of culture wild-wild west; the third, still weak law enforcement in the field of cybercrime – especially religious hate speech; fourth, the possibility of committing crime outside the criminal jurisdiction of a country; and fifth, diminishing of tolerant awareness. There should be a criminal policy and strong in handling this crime, and growing healthy behaviors for Internet users to communicate with other users.Keywords: cybercrime; religious hate speech; internet; anonymity; anarchy.","PeriodicalId":197254,"journal":{"name":"Kosmik Hukum","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135526181","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-05-11DOI: 10.30595/kosmikhukum.v23i2.15466
Elsa Halida Saputri, Siti Hajati Hosein
difficulty getting clients, because people will tend to use the services of the same notary because of the client's sense of trust in the notary. Therefore, it is not uncommon for notaries to use intermediary services in the form of service bureaus to get clients. The research method used is centralized research with a normative juridical nature. The results of this study are notaries who violate the code of ethics in the form of collaborating with service bureaus whose sanctions in the Code of Ethics are in the form of reprimands, warnings, temporary dismissal from the association, and dishonorable discharge from the association. hesitate because of fellow notaries. Furthermore, the deed made with the intermediary of the service bureau will be relegated to a private deed due to the non-fulfillment of the elements of reading by a notary and subsequent signatures by the appearers, witnesses, and also notaries, and interest to the notary. Furthermore, it will be described in the introduction, subtitles, and closing.Keywords: notary, service bureau, deed degradation
{"title":"Pelanggaran Kode Etik Notaris Yang Bekerjasama Dengan Biro Jasa","authors":"Elsa Halida Saputri, Siti Hajati Hosein","doi":"10.30595/kosmikhukum.v23i2.15466","DOIUrl":"https://doi.org/10.30595/kosmikhukum.v23i2.15466","url":null,"abstract":"difficulty getting clients, because people will tend to use the services of the same notary because of the client's sense of trust in the notary. Therefore, it is not uncommon for notaries to use intermediary services in the form of service bureaus to get clients. The research method used is centralized research with a normative juridical nature. The results of this study are notaries who violate the code of ethics in the form of collaborating with service bureaus whose sanctions in the Code of Ethics are in the form of reprimands, warnings, temporary dismissal from the association, and dishonorable discharge from the association. hesitate because of fellow notaries. Furthermore, the deed made with the intermediary of the service bureau will be relegated to a private deed due to the non-fulfillment of the elements of reading by a notary and subsequent signatures by the appearers, witnesses, and also notaries, and interest to the notary. Furthermore, it will be described in the introduction, subtitles, and closing.Keywords: notary, service bureau, deed degradation","PeriodicalId":197254,"journal":{"name":"Kosmik Hukum","volume":"41 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135526179","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-05-10DOI: 10.30595/kosmikhukum.v23i2.18753
Ndaru Satrio, Muhammad Syaiful Anwar
This research was conducted in Balunijuk Village, whose indigenous people prefer to reject tin mining as their way of life. It is interesting for the author to examine the role of the indigenous people of Balunijuk village in fighting unconventional mines from an inner Malay perspective and how the methods used by the indigenous people of Balunijuk village to fight unconventional mines from an inner Malay perspective. The research method used is socio-legal. The role of the indigenous people of Balunijuk Village in fighting Unconventional Mining within the Malay inner framework includes (1) protecting the living space of indigenous peoples, (2) preventing corrupt acts in the living areas of indigenous peoples, (3) preventing the criminalization of indigenous peoples. The method used by the Balunijuk indigenous people against the existence of unconventional mining is to use existing local wisdom, namely ampak. The advice given is that the existence of local wisdom that has sacred values should get a better place in solving problems that arise. Keywords: Role, Indigenous Peoples of Balunijuk Village, Unconventional Mining
{"title":"The Role of Balunijuk Indigenous Communities Against Unconventional Mining a Malay Inner Perspective","authors":"Ndaru Satrio, Muhammad Syaiful Anwar","doi":"10.30595/kosmikhukum.v23i2.18753","DOIUrl":"https://doi.org/10.30595/kosmikhukum.v23i2.18753","url":null,"abstract":"This research was conducted in Balunijuk Village, whose indigenous people prefer to reject tin mining as their way of life. It is interesting for the author to examine the role of the indigenous people of Balunijuk village in fighting unconventional mines from an inner Malay perspective and how the methods used by the indigenous people of Balunijuk village to fight unconventional mines from an inner Malay perspective. The research method used is socio-legal. The role of the indigenous people of Balunijuk Village in fighting Unconventional Mining within the Malay inner framework includes (1) protecting the living space of indigenous peoples, (2) preventing corrupt acts in the living areas of indigenous peoples, (3) preventing the criminalization of indigenous peoples. The method used by the Balunijuk indigenous people against the existence of unconventional mining is to use existing local wisdom, namely ampak. The advice given is that the existence of local wisdom that has sacred values should get a better place in solving problems that arise. Keywords: Role, Indigenous Peoples of Balunijuk Village, Unconventional Mining","PeriodicalId":197254,"journal":{"name":"Kosmik Hukum","volume":"103 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135671996","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-05-10DOI: 10.30595/kosmikhukum.v23i2.18361
Muhammad Rusli Arafat, Sigid Suseno, Widiati Wulandari
Law enforcement against narcotics trafficking is certainly a significant element in efforts to eradicate narcotics crimes. So it is interesting to observe the extent to which the perpetrators who cooperated in committing criminal acts of buying and selling narcotics were arrested, prosecuted and tried. This study aims to answer the problem of accountability of each perpetrator who cooperates in committing a criminal act of buying and selling narcotics and regarding the occurrence of criminal disparities in the case of cooperating to commit narcotics crimes by analyzing the legal considerations of the panel of judges, as well as answering the problem of criminal disparities in cases of cooperating to commit narcotics crimes based on the perspective of legal objectives. This research uses normative legal research methods. The results showed that, in the case of criminal acts of buying and selling narcotics with the inclusion of responsibility of the perpetrators, it must be proven whether as a pleger (the main perpetrator), or a medepleger (a person who participates). Because if it is not proven in the trial, it will have an impact on the unaccountability of the perpetrator. So the situation does not reflect justice and legal certainty. the concrete form of criminal liability is the imposition of punishment by the Panel of Judges in the form of imprisonment and fines, defendants who commit the same crime or the level of seriousness that can be equalized, are still sentenced to varying or different crimes. So that disparity in conviction becomes a phenomenon of injustice if the judge does not clearly provide a strong reason for distinguishing the sentence for the defendant in the case of cooperating in the criminal act of buying and selling narcotics.Keywords: Disparity, Conviction, Narcotics, Inclusion
{"title":"Disparitas Pemidanaan Terhadap Pelaku Permufakatan Jahat Melakukan Tindak Pidana Narkotika dalam Prespektif Tujuan Hukum","authors":"Muhammad Rusli Arafat, Sigid Suseno, Widiati Wulandari","doi":"10.30595/kosmikhukum.v23i2.18361","DOIUrl":"https://doi.org/10.30595/kosmikhukum.v23i2.18361","url":null,"abstract":"Law enforcement against narcotics trafficking is certainly a significant element in efforts to eradicate narcotics crimes. So it is interesting to observe the extent to which the perpetrators who cooperated in committing criminal acts of buying and selling narcotics were arrested, prosecuted and tried. This study aims to answer the problem of accountability of each perpetrator who cooperates in committing a criminal act of buying and selling narcotics and regarding the occurrence of criminal disparities in the case of cooperating to commit narcotics crimes by analyzing the legal considerations of the panel of judges, as well as answering the problem of criminal disparities in cases of cooperating to commit narcotics crimes based on the perspective of legal objectives. This research uses normative legal research methods. The results showed that, in the case of criminal acts of buying and selling narcotics with the inclusion of responsibility of the perpetrators, it must be proven whether as a pleger (the main perpetrator), or a medepleger (a person who participates). Because if it is not proven in the trial, it will have an impact on the unaccountability of the perpetrator. So the situation does not reflect justice and legal certainty. the concrete form of criminal liability is the imposition of punishment by the Panel of Judges in the form of imprisonment and fines, defendants who commit the same crime or the level of seriousness that can be equalized, are still sentenced to varying or different crimes. So that disparity in conviction becomes a phenomenon of injustice if the judge does not clearly provide a strong reason for distinguishing the sentence for the defendant in the case of cooperating in the criminal act of buying and selling narcotics.Keywords: Disparity, Conviction, Narcotics, Inclusion","PeriodicalId":197254,"journal":{"name":"Kosmik Hukum","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135671997","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
In today's digital era, problems related to cybercrime are increasing, one of which is "Revenge Porn". Revenge porn refers to deliberately distributing pornographic content without the consent of the person seen in the content, often done by ex-spouses as a form of revenge. Due to the easy access and dissemination of information through the internet, revenge porn has become a threat to many individuals, especially women. Victims of this act often face social stigmatization, isolation, and depression. The stigma attached to victims affects their social and work lives, hampering their opportunities in many aspects of life. This research utilizes normative legal methods by adopting statutory, conceptual, comparative, and futuristic approaches. The nature of this research is descriptive-prescriptive. The data that has been collected is analyzed using the content analysis method. This research results in that apart from psychological and social impacts, and revenge porn also has legal implications. Some countries have responded by implementing specific laws to address this issue, but the challenge is distinguishing between the right to freedom of expression and invasion of privacy. Understanding this issue is essential for victims and society to build awareness and prevent the spread of this kind of digital crime. People can protect themselves and others from the dangers of revenge porn with proper understanding and preventive measures.Keywords: Revenge Porn, Digital Crime, Psychological Impact, Social Stigmatization.
{"title":"Revenge Porn: Digital Crimes and Implications for Victims","authors":"Zico Junius Fernando, Papontee Teeraphan, Jaco Barkhuizen, Agusalim Agusalim","doi":"10.30595/kosmikhukum.v23i2.18542","DOIUrl":"https://doi.org/10.30595/kosmikhukum.v23i2.18542","url":null,"abstract":"In today's digital era, problems related to cybercrime are increasing, one of which is \"Revenge Porn\". Revenge porn refers to deliberately distributing pornographic content without the consent of the person seen in the content, often done by ex-spouses as a form of revenge. Due to the easy access and dissemination of information through the internet, revenge porn has become a threat to many individuals, especially women. Victims of this act often face social stigmatization, isolation, and depression. The stigma attached to victims affects their social and work lives, hampering their opportunities in many aspects of life. This research utilizes normative legal methods by adopting statutory, conceptual, comparative, and futuristic approaches. The nature of this research is descriptive-prescriptive. The data that has been collected is analyzed using the content analysis method. This research results in that apart from psychological and social impacts, and revenge porn also has legal implications. Some countries have responded by implementing specific laws to address this issue, but the challenge is distinguishing between the right to freedom of expression and invasion of privacy. Understanding this issue is essential for victims and society to build awareness and prevent the spread of this kind of digital crime. People can protect themselves and others from the dangers of revenge porn with proper understanding and preventive measures.Keywords: Revenge Porn, Digital Crime, Psychological Impact, Social Stigmatization.","PeriodicalId":197254,"journal":{"name":"Kosmik Hukum","volume":"106 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135671994","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-05-10DOI: 10.30595/kosmikhukum.v23i2.18113
Desmal Fajri, Felti Novira
In 2022 there are 20 marriages in Batu Gajah Village, 11 or 55 percent of marriages are not registered and 45 percent of marriages are registered. According to the applicable laws and regulations, a marriage is valid if it is registered. Marriages for people who are Muslim are registered at the Office of Religious Affairs and for non-Muslims at the Civil Registry Office. This study aims to analyze the factors that cause marriages not to be recorded in Nagari Batu Gajah. This study uses an empirical juridical approach, which is a research approach to secondary data first and then continues to conduct primary data research in the field. Primary data was obtained through interviews with a Ninik Mamak as a community figure and 10 undocumented marriages. Then the empirical data were analyzed descriptively and qualitatively. Based on the results of the study, the factors causing marriages not to be registered in Nagari Batu Gajah were age, cost, pregnancy out of wedlock, access to the KUA office that was far away, polygamy, understanding of the rules, elopement, pregnancy out of wedlock and did not get permission from the Ninik Mamak. Then the way to deal with unregistered marriages is to socialize to the community by the Office of Religious Affairs regarding the marriage law and improve road access to the Office of Religious Affairs and the community must comply with local customary norms.Keywords: Marriage, Unregistered Marriage, Religious Affairs Office
2022年，Batu Gajah村有20桩婚姻，11%或55%的婚姻没有登记，45%的婚姻登记了。根据适用的法律法规，婚姻登记有效。穆斯林的婚姻在宗教事务办公室登记，非穆斯林的婚姻在民事登记处登记。本研究旨在分析导致Nagari Batu Gajah没有记录婚姻的因素。本研究采用实证法学方法，即先对二手数据进行研究，然后继续对该领域的一手数据进行研究。主要数据是通过采访一个名叫尼克·马马克的社区人士和10个无证婚姻获得的。然后对实证数据进行描述性和定性分析。根据这项研究的结果，导致在Nagari Batu Gajah没有登记婚姻的因素是年龄、费用、非婚性怀孕、前往距离很远的KUA办事处、一夫多妻、了解规则、私奔、非婚性怀孕和未得到Ninik Mamak的许可。那么处理未登记婚姻的方法是通过宗教事务办公室就婚姻法与社区进行社会交往，改善通往宗教事务办公室和社区的道路，必须遵守当地的习俗规范。关键词:婚姻，非登记婚姻，宗教事务办公室
{"title":"The Phenomenon of Unregistered Marriages: Problems and Solution","authors":"Desmal Fajri, Felti Novira","doi":"10.30595/kosmikhukum.v23i2.18113","DOIUrl":"https://doi.org/10.30595/kosmikhukum.v23i2.18113","url":null,"abstract":"In 2022 there are 20 marriages in Batu Gajah Village, 11 or 55 percent of marriages are not registered and 45 percent of marriages are registered. According to the applicable laws and regulations, a marriage is valid if it is registered. Marriages for people who are Muslim are registered at the Office of Religious Affairs and for non-Muslims at the Civil Registry Office. This study aims to analyze the factors that cause marriages not to be recorded in Nagari Batu Gajah. This study uses an empirical juridical approach, which is a research approach to secondary data first and then continues to conduct primary data research in the field. Primary data was obtained through interviews with a Ninik Mamak as a community figure and 10 undocumented marriages. Then the empirical data were analyzed descriptively and qualitatively. Based on the results of the study, the factors causing marriages not to be registered in Nagari Batu Gajah were age, cost, pregnancy out of wedlock, access to the KUA office that was far away, polygamy, understanding of the rules, elopement, pregnancy out of wedlock and did not get permission from the Ninik Mamak. Then the way to deal with unregistered marriages is to socialize to the community by the Office of Religious Affairs regarding the marriage law and improve road access to the Office of Religious Affairs and the community must comply with local customary norms.Keywords: Marriage, Unregistered Marriage, Religious Affairs Office","PeriodicalId":197254,"journal":{"name":"Kosmik Hukum","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135671995","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-05-10DOI: 10.30595/kosmikhukum.v23i3.16640
Fatni Erlina
The purpose of writing this article is to find a correlation between the differences in the electoral system adopted and the democratic index of political parties, through a comparative study of changes in the electoral system that have taken place since the Reformation. Election systems can be identified through regulatory changes to the Election Law. The analysis is seen through the perceptions index of Indonesian democracy, namely in the aspects of political institutions, political party variables, and regeneration indicators. This research is descriptive qualitative, using normative juridical analysis methods, and positivist legis. The results showed that differences in the representation system resulted in changes in political party strategy which had implications for internal democratization of political parties. The democracy index of political parties in Indonesia tends to decline after the implementation of an open proportional system and the strengthening of the parliamentary threshold, because political parties are more oriented towards getting votes than regeneration. An alternative that can be done is by combining a proportional electoral system and a district system, a two-chamber parliament system (bicamiral) and accommodating group groups, namely a functional representation system.Keywords: Dynamics, Election System, Democracy, Political Parties
{"title":"Dinamika Sistem Pemilu dan Demokratisasi Partai Politik di Indonesia Pasca Reformasi","authors":"Fatni Erlina","doi":"10.30595/kosmikhukum.v23i3.16640","DOIUrl":"https://doi.org/10.30595/kosmikhukum.v23i3.16640","url":null,"abstract":"The purpose of writing this article is to find a correlation between the differences in the electoral system adopted and the democratic index of political parties, through a comparative study of changes in the electoral system that have taken place since the Reformation. Election systems can be identified through regulatory changes to the Election Law. The analysis is seen through the perceptions index of Indonesian democracy, namely in the aspects of political institutions, political party variables, and regeneration indicators. This research is descriptive qualitative, using normative juridical analysis methods, and positivist legis. The results showed that differences in the representation system resulted in changes in political party strategy which had implications for internal democratization of political parties. The democracy index of political parties in Indonesia tends to decline after the implementation of an open proportional system and the strengthening of the parliamentary threshold, because political parties are more oriented towards getting votes than regeneration. An alternative that can be done is by combining a proportional electoral system and a district system, a two-chamber parliament system (bicamiral) and accommodating group groups, namely a functional representation system.Keywords: Dynamics, Election System, Democracy, Political Parties","PeriodicalId":197254,"journal":{"name":"Kosmik Hukum","volume":"39 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135671998","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-02-10DOI: 10.30595/kosmikhukum.v23i1.17320
Yusuf Saefudin, Fatin Rohmah Nur Wahidah, Rahtami Susanti, Luthfi Kalbu Adi, Prima Maharani Putri
This study aims to describe the various forms of acts that fall into the category of criminal acts of sexual violence. In addition, this research is directed to comprehensively examine what forms of legal protection for victims of sexual violence in Indonesia have been specifically regulated in Law No. 12 of 2022 concerning Criminal Acts of Sexual Violence. Therefore, this research is designed using the normative juridical method. Where the main data comes from laws and regulations, legal concepts related to sexual violence. The approaches used are statute approach and conceptual approach. The results showed, first, there are twelve types of sexual violence criminal offenses regulated in the TPKS Law. Second, Victims are entitled to Handling, Protection, and Recovery since the occurrence of Sexual Violence Crimes. Meanwhile, victims with disabilities are entitled to accessibility and reasonable accommodation for the fulfillment of their rights in accordance with the provisions of laws and regulations.Keywords: Legal Protection, Sexual Violence, Victims of Sexual Violence.
{"title":"Tindak Pidana Kekerasan Seksual dan Perlindungan Hukum bagi Korban Kekerasan Seksual di Indonesia","authors":"Yusuf Saefudin, Fatin Rohmah Nur Wahidah, Rahtami Susanti, Luthfi Kalbu Adi, Prima Maharani Putri","doi":"10.30595/kosmikhukum.v23i1.17320","DOIUrl":"https://doi.org/10.30595/kosmikhukum.v23i1.17320","url":null,"abstract":"This study aims to describe the various forms of acts that fall into the category of criminal acts of sexual violence. In addition, this research is directed to comprehensively examine what forms of legal protection for victims of sexual violence in Indonesia have been specifically regulated in Law No. 12 of 2022 concerning Criminal Acts of Sexual Violence. Therefore, this research is designed using the normative juridical method. Where the main data comes from laws and regulations, legal concepts related to sexual violence. The approaches used are statute approach and conceptual approach. The results showed, first, there are twelve types of sexual violence criminal offenses regulated in the TPKS Law. Second, Victims are entitled to Handling, Protection, and Recovery since the occurrence of Sexual Violence Crimes. Meanwhile, victims with disabilities are entitled to accessibility and reasonable accommodation for the fulfillment of their rights in accordance with the provisions of laws and regulations.Keywords: Legal Protection, Sexual Violence, Victims of Sexual Violence.","PeriodicalId":197254,"journal":{"name":"Kosmik Hukum","volume":"54 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136051800","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-01-15DOI: 10.30595/kosmikhukum.v23i1.14942
Natasya Riesta Sivapramesti
According to Law 2 /2014 concerning amendments to Law 30/2004, notaries are public officials who have the authority to make authentic deeds and other authorities. Furthermore, authentic deeds are evidence with perfect strength in court, as long as it complies with the regulation. Therefore, a notary's mistakes in doing an authentic deed can cause loss to the service user. The notary can be sued for compensation and insolvency if they cannot compensate for those losses due to their financial limitation. This issue raises questions regarding the legal impacts of an insolvency decision on a notary and whether professional liability insurance can protect a notary from the legal impact of an insolvency decision on a notary. From this normative juridical research, the authors conclude that first, insolvency causes a notary to their position as a public official, and second, a notary can use professional liability insurance as a risk transfer mechanism. Keywords: insolvency; liability; insurance; law; notary.
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