Kosmik Hukum最新文献

{"title":"Norma Perlindungan dan Kesempatan Kerja Bagi Lansia Potensial Ditinjau dari Asas Kepastian Hukum, Keadilan, dan Kemanfaatan","authors":"Murti Pramuwardhani Dewi","doi":"10.30595/kosmikhukum.v23i1.15463","DOIUrl":"https://doi.org/10.30595/kosmikhukum.v23i1.15463","url":null,"abstract":"This study aims to analyze the norms of protection and private employment opportunities for the Potential Elderly (elderly) in terms of the principles of legal certainty, justice, and benefit. The research on the norms of protection and employment opportunities for the elderly in terms of the principles of legal certainty, justice, and benefit is normative. Normative research was conducted by examining library materials (secondary data). The secondary data consists of primary and secondary legal materials using document studies. The results of this study were then analyzed qualitatively and presented in the form of a descriptive-analytical journal manuscript. Based on the results, can be concluded that the regulations of the norms of protection and employment opportunities for the Potential Elderly in private companies have not provided legal certainty and benefit, but have provided justice for the elderly to obtain job opportunities and services to improve their welfare.Keywords : Protection, employment opportunities, potential elderly","PeriodicalId":197254,"journal":{"name":"Kosmik Hukum","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-01-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135788513","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}

{"title":"Law Enforcement Against Environmental Pollution by Vehicle Exhaust Emissions","authors":"Rahayu Subekti, Davin Gerald Parsaoran Silalahi, Dhiwa Arya Purbadi, Rismoyo Kurnia Sangkara","doi":"10.30595/kosmikhukum.v23i1.15306","DOIUrl":"https://doi.org/10.30595/kosmikhukum.v23i1.15306","url":null,"abstract":"Enforcement of environmental laws relating to emissions from motor vehicle exhaust It is clear from the laws and regulations that the Ministry of Transportation is authorized to act as the implementing agency for periodic motor vehicle inspections and emission testing. The use of motorized vehicles contributes to air pollution which hinders the management and protection of the environment. There are many types of environmental pollution, but in particular air pollution has far-reaching detrimental effects and has a significant impact on environmental quality. By using normative legal research methods and literature studies, namely research that looks at document studies, there are several regulatory matters, including Article 206 of Government Regulation Number 22 of 2021 concerning the Implementation of Environmental Protection and Presidential Regulation (Perpres) No. 55 of 2019 concerning the Acceleration of the Battery Electric Vehicle Program for Road Transportation. One of the causes of environmental pollution, especially in the air, is the use of vehicles that use oil (fuel). Electric vehicles are currently the solution to developing environmentally friendly technologies. The government's efforts are carried out by completing emission tests and developing electric vehicles that affect both the environment and vehicle health.Keywords: Law Enforcement, Environment, Emissions, Electric Vehicles","PeriodicalId":197254,"journal":{"name":"Kosmik Hukum","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-01-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135833685","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}

{"title":"Online Petitions as Part of the Right to Freedom of Expression and Its Implications for the Implementation of Government in Indonesia","authors":"Jalaluddin Jalaluddin, Sa'adah Sa'adah, Nur Zaqia","doi":"10.30595/kosmikhukum.v23i1.14864","DOIUrl":"https://doi.org/10.30595/kosmikhukum.v23i1.14864","url":null,"abstract":"This study aims to understand how the existence of the right to freedom of expression through online petitions and its implications for governance in Indonesia. This research also offers a strategy for setting petitions into laws and regulations to ensure the distribution of the people's right to freedom of expression. This normative legal research analyzes primary legal materials in the form of the 1945 Constitution and the laws and regulations under it as well as legal materials from 2018-2021 related to community activities conducting online petitions. The approaches used are the statutory approach, the concept approach, and the comparative approach. The results of the study show First, the existence of online petitions in Indonesia in 2018-2021 related to the formation of laws, namely petitions rejecting the Draft Criminal Code, Revision of the KPK Law, the Draft Job Creation Law, the Revision of the MD3 Law, the Land Law Draft, and the Music Law Draft. Second, four of the six online petitions studied were found to be successful or have ultimate implications for governance because they are able to encourage policy change. Third, as a strategy so that petitions can be responded to by the government in a mandatory manner, Indonesia needs to make laws and regulations regarding online petitions. Penelitian ini bertujuan memahami bagaimana keberadaan hak kebebasan berpendapat melalui petisi online dan implikasinya terhadap penyelenggaraan pemerintahan di Indonesia. Penelitian ini juga menawarkan strategi pengaturan petisi ke dalam peraturan perundang-undangan untuk menjamin tersalurkannya hak kebebasan berpendapat masyarakat. Penelitian hukum normatif ini menganalisis bahan hukum primer berupa UUD 1945 dan peraturan perundang-undangan di bawahnya juga bahan bahan hukum dari tahun 2018-2021 terkait dengan aktivitas masyarakat melakukan petisi online. Adapun pendekatan yang diggunakan adalah pendekatan undang-undang, pendekatan konsep, dan pendekatan komparatif. Hasil penelitian menunjukan Pertama, keberadaan petisi online di Indonesia pada tahun 2018-2021 terkait dengan pembentukan undang-undang yaitu petisi tolak Rancangan KUHP, Revisi UU KPK, Rancangan UU Cipta Kerja, Revisi UU MD3, Rancangan UU Pertanahan, dan Rancangan UU Permusikan. Kedua, empat dari enam petisi online yang diteliti dinyatakan berhasil atau berimplikasi secara ultimate terhadap penyelenggaraan pemerintahan karena mampu mendorong perubahan kebijakan. Ketiga, sebagai strategi agar petisi dapat ditanggapi pemerintah secara wajib maka Indonesia perlu membuat peraturan perundang-undangan tentang petisi online.","PeriodicalId":197254,"journal":{"name":"Kosmik Hukum","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-01-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135833686","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}

{"title":"Village Land Administration as an Effort to Prevent Agrarian Disputes/Conflicts","authors":"Sri Wahyu Handayani, Supriyanto Supriyanto, Manunggal Kusuma Wardaya, Wismaningsih Wismaningsih, Weda Kupita","doi":"10.30595/kosmikhukum.v23i1.15651","DOIUrl":"https://doi.org/10.30595/kosmikhukum.v23i1.15651","url":null,"abstract":"This study criticizes village land administration policies that have not been orderly and firm. This resulted in the emergence of agrarian disputes/conflicts. The village land administration policy has not regulated sanctions if the regulation is not implemented. This normative research is complemented by empirical research using the interview method with village officials and Focus Group Discussion in Jompo Kulon Village, Sokaraja District. Based on the identification of research results with empirical methods in Jompo Kulon Village, it was found that several causes of problems that arise, including the limitations of Human Resources who master technology and do not understand the bookkeeping of land administration, land administration which is still manual, only refers to the Letter C Book so there is a chance for errors. in recording and lack of public awareness to register their land. Based on the results of the Focus Group Discussion, this study offers a solution for the standardization of village land administration records which are carried out digitally to minimize data changes and the existence of rewards and punishments for those who do not standardize the village administration records and encourage village community awareness to register their land through the Land Registration Program. Complete Systematic.Keywords: village land administration; agrarian; dispute; conflict","PeriodicalId":197254,"journal":{"name":"Kosmik Hukum","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-01-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136212777","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}

{"title":"Cannabis Regulation: A Comparative Study in Indonesia, Turkey, and Morocco","authors":"Yayi Intan Pratiwi, Murat Kubilay Cengiz, Aymen Mouhin","doi":"10.30595/kosmikhukum.v23i1.18888","DOIUrl":"https://doi.org/10.30595/kosmikhukum.v23i1.18888","url":null,"abstract":"The purpose of this comparative study is to analyze the differences in legal and policy approaches between the three countries in dealing with the issue of cannabis use and distribution. This research uses a comparative descriptive approach by collecting data from various sources such as legal regulations, government reports, and related literature. The results of the analysis show that Indonesia, Turkey, and Morocco have different approaches to regulating Cannabis. Indonesia adopts a very strict approach by imposing heavy penalties for cannabis-related offenses. On the other hand, Turkey allows the medical use of cannabis under certain conditions and has reduced legal sanctions against offenses of using small amounts of cannabis. This was also done by Morocco in 2021. In Morocco, it has relaxed some aspects of cannabis regulation and directed efforts more towards rehabilitation than punishment. The comparative study in this article provides a deeper understanding of the variations in legal and policy approaches to the regulation of cannabis drugs in Indonesia, Turkey, and Morocco. The implications of these different approaches may provide valuable insights for other countries facing similar challenges in regulating cannabis. Keywords: Medical Cannabis, Comparative Law, Legality of Cannabis","PeriodicalId":197254,"journal":{"name":"Kosmik Hukum","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-01-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136376528","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}

{"title":"Juridical Analysis of PKPU Decision by The Court on Application for PKPU Revocation by The Debitor","authors":"Nandi Pratama, Mohamad Fajri Mekka Putra","doi":"10.30595/kosmikhukum.v23i1.16969","DOIUrl":"https://doi.org/10.30595/kosmikhukum.v23i1.16969","url":null,"abstract":"The purpose of this study is to find out how the judge's consideration in revoking the Delay of Debt Payment Obligation on the request of the debtor who has been determined to be Debt Payment Suspension, but there are findings of the calculation of the management team of Debt Payment Delay which states that the assets (Activa) of the debtor are still larger. of obligations (liabilites) so as to ask the Court to revoke the Suspension of Debt Payment Obligations. In addition, it is necessary to know how the legal impact that will be received by debtors and creditors on Decision Number: 53/Pdt.Sus-PKPU/2021/PN.Niaga.Jkt.Pst. This study applies a normative juridical research method that makes court decisions as primary legal material and occupies a position after legislation. The primary legal data or materials analyzed in this study are court decisions, namely Decision Number: 53/Pdt.Sus-PKPU/2021/PN.Niaga.Jkt.Pst dated April 12, 2021 and Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations. Based on this research, it can be concluded that the application submitted by the debtor in the revocation of the Suspension of Debt Payment Obligations is appropriate because the revocation of the Suspension of Debt Payment Obligations is carried out by the Court based on the provisions stipulated in Article 295 Paragraph (1) of Law Number 37 of 2004 concerning Bankruptcy and Postponement Obligation for Payment of Debt, so that the Central Jakarta District Court has the authority to revoke the Suspension of Obligation for Payment of Debt at the request of the debtor.Keywords: Postponement of Debt Payment Obligations; Revoke PKPU; Bankruptcy; Commercial Court.","PeriodicalId":197254,"journal":{"name":"Kosmik Hukum","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-01-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136376527","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}

{"title":"Pertimbangan Hukum Putusan Bebas Pada Perkara Tindak Pidana Korupsi (Studi Kasus Pada Perkara Nomor: 19/Pid.TPK/2021/PN.SMG)","authors":"D. Adam","doi":"10.30595/kosmikhukum.v22i2.14152","DOIUrl":"https://doi.org/10.30595/kosmikhukum.v22i2.14152","url":null,"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","PeriodicalId":197254,"journal":{"name":"Kosmik Hukum","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-05-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115284139","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}

{"title":"Wakaf Produktif Sumber Mata Air Sebagai Upaya Mewujudkan Kesejahteraan Umat Berdasarkan Undang-Undang Nomor 41 Tahun 2004 Tentang Wakaf","authors":"Dodi Mustajab","doi":"10.30595/kosmikhukum.v22i2.14153","DOIUrl":"https://doi.org/10.30595/kosmikhukum.v22i2.14153","url":null,"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.","PeriodicalId":197254,"journal":{"name":"Kosmik Hukum","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-05-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122205078","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}

{"title":"Peran Jabatan Notaris dalam Pembuatan Akta Pengalihan Hak Atas Merek Terdaftar","authors":"Kanti Rahayu, Kus Rizkianto, M. Mukhidin","doi":"10.30595/kosmikhukum.v22i2.13483","DOIUrl":"https://doi.org/10.30595/kosmikhukum.v22i2.13483","url":null,"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","PeriodicalId":197254,"journal":{"name":"Kosmik Hukum","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-05-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128873592","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}

{"title":"Peran Otoritas Jasa Keuangan dalam Pemberantasan Tindak Pidana Penipuan Yang Memanfaatkan Rekening Bank Sebagai Rekening Penampungan","authors":"Selamat Widodo, I. Kartini","doi":"10.30595/kosmikhukum.v22i2.14151","DOIUrl":"https://doi.org/10.30595/kosmikhukum.v22i2.14151","url":null,"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.","PeriodicalId":197254,"journal":{"name":"Kosmik Hukum","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-05-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132420314","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}