Kosmik Hukum最新文献

{"title":"Indonesian-British Strategic Partnership in the Perspective of International Treaty Law","authors":"Winsherly Tan, Neha Aswin Maysura","doi":"10.30595/kosmikhukum.v23i3.17386","DOIUrl":"https://doi.org/10.30595/kosmikhukum.v23i3.17386","url":null,"abstract":"Countries must interact with other nations or international organizations in order to meet their diverse needs. Countries and countries, countries and international organizations, or one international organization and another international organization can all engage in international relations. One of the forms of international agreements carried out by a country is bilateral cooperation. Among the many countries that have cooperated with Indonesia, one of them is UK, a country that has had a long-standing partnership with Indonesia for approximately 70 years. The research method applied in this study is the normative legal research method. This method is used to describe how the law, particularly international agreements, perceives the bilateral partnership between Indonesia and UK. The ‘conceptual approach’ is chosen to provide insights into the analysis of the strategic partnership between Indonesia and UK. Additionally, various aspects and legal concepts underlying this partnership are analyzed in this research, including the Law Number 37 of 1999 regarding Foreign Relations and the Law Number 24 of 2000 regarding International Agreements. The results of the study show that the implementation of the cooperation agreement between Indonesia and the United Kingdom is in accordance with the two fundamental principles of international agreements according to Kartasasmita, the implementation of the agreement between Indonesia and England also fulfills several theories of the factors in the occurrence of international cooperation, including advances in technology; Economic progress and development; and There is awareness and willingness to negotiate.Keywords: International Agreement, Bilateral, Indonesia-UK","PeriodicalId":197254,"journal":{"name":"Kosmik Hukum","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-09-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139339524","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":"Malaysia’s Indisputable Sovereignty Over Sabah","authors":"Hazmi Mohd. Rusli, Mohd Ridwan Talib, Rahtami Susanti, Ika Ariani Kartini","doi":"10.30595/kosmikhukum.v23i3.18890","DOIUrl":"https://doi.org/10.30595/kosmikhukum.v23i3.18890","url":null,"abstract":"On Jan 22, 1878, an agreement was signed between the Sultan of Sulu with two British agents, Alfred Dent, and Baron von Overbeck, ceding North Borneo to the British in return for the payment of cession money of 5,000 Malayan dollars annually to the Sultan. The payment was increased to 5,300 dollars per year when nearby islands from Banggi Island to Sibuku Bay were also ceded. Sabah was briefly placed under Japanese rule during World War II and later reverted back to British rule upon Japanese surrender in 1945. Sabah remained a British crown colony until it gained independence within Malaysia in 1963. As a component state of the Federation, Malaysia has invested billions of Ringgit to develop Sabah, establishing a working government to administer this territory. The heirs of the forgone Sulu Sultanate have not done much to display that they are in fact the sovereign rulers of Sabah. This article discusses on the recent issue pertaining to the ‘Sulu state arbitration’ requesting Malaysia to pay compensation to the heirs of the Sulu Sultanate for exercising sovereignty over Sabah from the purview of international law and state sovereignty. The heirs of the defunct Sulu Sultanate are adamant that Sabah is still ‘part of their territory’. This article concludes that Sabah is recognized globally as part of Malaysia, in no way Malaysia is obliged to entertain claims of descendants of a long-lost sovereign. As a full member of the United Nations, Malaysia is an independent sovereign state and its sovereignty over Sabah must be respected.Keywords: Sabah, State Sovereignty, International Law, Territorial Integrity, Federation of Malaysia, Sultanate of Sulu","PeriodicalId":197254,"journal":{"name":"Kosmik Hukum","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-09-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135886546","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":"Intellectual Property Based Financing: Juridical Review of Government Regulation Number 24 of 2022 And Relevance of Establishing Intellectual Property Rights Appraisal Institution","authors":"Dewi Sulistianingsih, Ahmad Habib Al Fikry, Andry Setiawan","doi":"10.30595/kosmikhukum.v23i3.17108","DOIUrl":"https://doi.org/10.30595/kosmikhukum.v23i3.17108","url":null,"abstract":"The issuance of Government Regulation Number 24 of 2022 is the hope for achieving an advanced national economy through the utilization of intellectual property rights as collateral objects in bank and non bank financial institutions. However, this is faced with the absence of an intellectual property rights appraisal institution in Indonesia. This paper aims to: (i) explain intellectual property-based financing arrangements based on Government Regulation Number 24 of 2022; and (ii) describes the establishment of an intellectual property rights appraisal institution in Indonesia. The author uses a normative juridical research method with a statutory and comparative approach. The results of the writing show that: 9i) Government Regulation Number 24 of 2022 regulates intellectual property-based financing schemes through bank and non-bank financial institutions; and (ii) the discourse on establishing an institution to assess intellectual property rights in Indonesia trough laws and regulations. This independent institution functions to set standards for valuing intellectual property rights and valuing intellectual property rights to be used as collateral for financing trough bank and non-bank financial institutions.","PeriodicalId":197254,"journal":{"name":"Kosmik Hukum","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-09-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135886547","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":"Interpreting the Material Requirements of Recidivism: Realizing Restorative Justice in the Police Force","authors":"Achmad Fauzi, Rena Yulia, Ferry Fathurokhman, Muhammad Iqbal Ramadhan","doi":"10.30595/kosmikhukum.v23i3.18747","DOIUrl":"https://doi.org/10.30595/kosmikhukum.v23i3.18747","url":null,"abstract":"The implementation of restorative justice in the Indonesian Police Force is conducted by settling the case in the preliminary investigation and investigation stage. There are material requirements that should be fulfilled one of which is that the case is not a recidivism based on a verdict. In practice, this requirement remains unclear. For instance, an issue will arise when a perpetrator who committed a theft then settled with a restorative justice mechanism in a police station but then caught for committing another theft. The problem that emerges is whether the second offense can be still solved by restorative justice in police stations. Considering that one of the material requirements is that the case is not a recidivism according to the court’s verdict whilst restorative justice settlement is not counted as a verdict. This issue requires reinterpretation so that the implementation of restorative justice can provide justice for all parties. The purpose of this research is to re-interpret clearly material requirements in terms of not repeating criminal acts based on judicial decisions for the future implementation of restorative justice in the police station. The research method employs a normative juridical with cases approach whilst the data is analyzed descriptively to describe the material requirements in the form of not repeating a crime based on a court decision in the police stage. The results of the study reveal that in practice repetition of criminal acts must be based on court decisions. The police are still implementing restorative justice for the second criminal act with the condition that the victim and the perpetrator have reconciled. Therefore, it is necessary to deconstruct the meaning of not repeating a crime based on a court decision, so that it is not a repetition of a crime that has been resolved by means of restorative justice in the police. This is so that the recovery goals of restorative justice are achieved. Therefore, it is necessary to deconstruct the meaning of not repeating a crime based on a court decision, so that it is not a repetition of a crime that has been resolved by means of restorative justice in the police phase. This deconstruction is important to achieve restorative justice’s goals.Keywords: crime repetition, restorative justice, Indonesian police force","PeriodicalId":197254,"journal":{"name":"Kosmik Hukum","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-08-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135088146","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":"ILO’s Effort against Maritime Labor Crimes: Case of Sexual Harassment on Filipino Women Seafarers","authors":"Yordan Gunawan, Ahmad Fahmi Ilham Mulloh","doi":"10.30595/kosmikhukum.v23i3.14838","DOIUrl":"https://doi.org/10.30595/kosmikhukum.v23i3.14838","url":null,"abstract":"The professions of seafarer and mariner are stereotypically associated with men and have a good employee culture. Traditionally, young people have been allowed on a ship so that they may be directed and socialized to live at sea, yet women and minority groups are particularly vulnerable to sexual harassment in the aforementioned work environment. At the level of policy, both of which compel employers to detect and avoid hazards to occupational safety and health in the workplace. Unfortunately, there has been no separate discussion from the general discussion about sexual harassment on the ship. Secondly, law enforcement and policy in this regard are weak, given the different laws that can be proposed in social aspects. Accordingly, the nature of the research led to the application of the normative method. The result of the research is the International Labor Organization’s (ILO) efforts to combat sexual harassment in the work environment and the importance of adopting and ratifying Recommendation No. 206 and Convention No. 190 to provide a clear framework for action and opportunities to build a dignified work environment and free from sexual harassment.Keywords: Sexual Harassment, Filipino Women Seafarers, ILO, 190 Convention","PeriodicalId":197254,"journal":{"name":"Kosmik Hukum","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-08-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135163761","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":"Legal Protection of Consumer Rights in Transactions at TikTok Shop: Unraveling New Legal Insights","authors":"Sarah Septyaningsih, Mochammad Tanzil Multazam, Bobur Sobirov","doi":"10.30595/kosmikhukum.v23i3.17396","DOIUrl":"https://doi.org/10.30595/kosmikhukum.v23i3.17396","url":null,"abstract":"Tiktok is one of the choices for social media that has many users today. The use of the Tiktok Shop feature is able to increase consumer interest with practical reasons for purchasing, with an easy payment system and a faster time spent. The purpose of this research is to find out the legal rights and obligations of product owners in transactions at the Tiktok Shop, the legal rights and obligations of consumers in international social media marketplace transactions, to know the laws governing the protection of intellectual property rights and consumers in transactions at the Tiktok Shop, to find out legal issues which often appear in transactions at the Tiktok Shop related to Intellectual Property Rights and consumer protection. The research method used is normative juridical. The results and suggestions of this study explain that consumers and owners of capital must both have their rights protected, especially consumers who are the most vulnerable in transactions at the Tiktok Shop. The need for good faith and implementation of obligations from both parties so that there is no conflict during transactions. Various forms of action taken by consumers and product owners themselves without good faith, means that they are not included in online buying and selling transactions because they are not bona fide.Keywords: Legal Protection, consumer rights, product owner, tiktok shop","PeriodicalId":197254,"journal":{"name":"Kosmik Hukum","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-08-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135163762","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":"Judicial Transformation: Integration of AI Judges in Innovating Indonesia's Criminal Justice System","authors":"Panca Sarjana Putra, Zico Junius Fernando, Bhanu Prakash Nunna, Rizaldy Anggriawan","doi":"10.30595/kosmikhukum.v23i3.18711","DOIUrl":"https://doi.org/10.30595/kosmikhukum.v23i3.18711","url":null,"abstract":"In the midst of the current digital era, artificial intelligence (AI) technology offers the potential to improve many aspects of life, including in the field of justice. In this context, the idea of integrating AI into the judicial system emerges as one potential solution. AI judges, as a concept, are considered capable of providing more objective decisions, speeding up court proceedings, and reducing the workload of human judges. The purpose of this study is to evaluate the potential and challenges in the integration of artificial intelligence (AI) into the Indonesian judicial system, with the ultimate goal of creating a judicial system that is more fair, efficient, and in accordance with Indonesia's socio-cultural context. 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. The result of this research is that \"AI Judges\" has the potential to be a very useful tool in Indonesia's criminal justice system in the future. However, the integration of AI must be done carefully, taking into account all the benefits and risks, and ensuring that justice and humanity remain at the core of the system. In addition, inter-sectoral cooperation and a deep understanding of the local context are key to the success of this integration. In an overall perspective, while AI technology promises greater efficiency and objectivity in the justice system, the essence of humanity and cultural considerations remain irreplaceable aspects. Thus, it is hoped that in the future, collaboration between AI judges and human judges can create a justice system that is more fair, efficient, and in accordance with Indonesia's socio-cultural context.Keywords: Judicial Transformation, AI Intergration, AI Judges, Criminal Justice Reform","PeriodicalId":197254,"journal":{"name":"Kosmik Hukum","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-08-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135163759","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":"Dissemination of Geographical Indication Potential: An Effort to Protect Tourism Intellectual Property","authors":"Triyono Adi Saputro, Vadira Hanami, Teguh Hartono, Iwan Hertanto","doi":"10.30595/kosmikhukum.v23i3.15641","DOIUrl":"https://doi.org/10.30595/kosmikhukum.v23i3.15641","url":null,"abstract":"The urgency of intellectual property protection is the main key in increasing competitiveness in global competition. Sragen Regency has great potential to obtain legal protection on intellectual property sourced from the industrial and tourism sectors. This qualitative and normative study used secondary data and a normative juridical approach. Based on the analysis with Law Number 20 of 2016 on Brands and Geographical Indications, Sragen Regency has products to be protected with geographical indications, namely the Sangiran Stone craft located at the Museum Manusia Purba Sangiran. This condition strengthens geographical indications in Sragen as intellectual property considering that the tourism sector has a very large correlation with the industrial sector. Dissemination can be carried out by the government and stakeholders as a form of encouragement and support for groups of business actors in the Sragen area so that they are aware of the law and understand the essence of law so that they can obtain legal protection for Sangiran stone crafts through geographical indications as intellectual property in Sragen Regency.Keywords: Geographical indications, Intellectual Property, Tourism","PeriodicalId":197254,"journal":{"name":"Kosmik Hukum","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-08-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135163763","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":"Death Penalty and Right to Life: A Comparison between International Bill of Human Rights and Islam","authors":"Mahdi Muhammad, Kem Nori Alfath, Yusuf Saefudin","doi":"10.30595/kosmikhukum.v23i3.18390","DOIUrl":"https://doi.org/10.30595/kosmikhukum.v23i3.18390","url":null,"abstract":"In human history, the death penalty is not a brand-new form of punishment. In early civilizations, it was known and widely used throughout the world. It was legalized in Codex Hammurabi. Contrary to its long history, the view changed radically after World War II. The abolition of it began to be propagated during the Universal Declaration of Human Rights (UDHR) formulation in 1948 due to respect for the right to life. Islam adheres to the fundamental principle that everyone has the right to life, but that does not mean there is no death penalty in Islam. In this research, the problem to be solved is whether the death penalty regulation, according to the International Bill of Human Rights and Islam, has accommodated the right to life. The purpose of it is to find out and analyze which death penalty regulatory regime is more accommodating to the right to life. This type of research is normative juridical research using secondary data consisting of primary and secondary legal materials. The approaches used are statute and comparative approaches. This research shows that the right to life is thoroughly accommodated in the Islamic death penalty regulation, while the abolition of it under the mandate of the International Bill of Human Rights, especially the Second Protocol to International Covenant on Civil and Political Rights, only accommodates the perpetrator right to life of the perpetrator by ignoring many people right who could potentially be taken away if they are not sentenced to death.Keywords: right to life, death penalty, Islam.","PeriodicalId":197254,"journal":{"name":"Kosmik Hukum","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-08-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135163760","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":"Notary Liability for the Sale and Purchase of PT GEI Shares Made Unlawfully (Study of Decision Number 188 PK/Pdt/2020)","authors":"Galih Wicaksono","doi":"10.30595/kosmikhukum.v23i2.18320","DOIUrl":"https://doi.org/10.30595/kosmikhukum.v23i2.18320","url":null,"abstract":"The making of the deed of sale and purchase agreement of the company's shares must follow the legal rules regulated by corporate law. However, in the making of the deed of sale and purchase of shares of PT GEI, there was a fake sale and purchase in which the procedure was carried out without the approval of the general meeting of shareholders and without payment for the sale and purchase. This research aims to analyze the legal responsibilities of notaries. This research is a normative legal research, with statutory, conceptual and case approaches. The data source used is secondary data. Qualitative normative data analysis method. Research results show that: The notary's responsibility for the fake sale and purchase of company shares is the responsibility of the civil aspect and the administrative aspect.Keywords: Responsibility Of Notary, Acts Against The Law","PeriodicalId":197254,"journal":{"name":"Kosmik Hukum","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135526180","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}