Kosmik Hukum最新文献_第2页

Marriage Appreciation Trust Viewed From Indonesian Positive Law 从印尼实在法看婚姻赞赏信托

Kosmik Hukum Pub Date : 2023-05-11 DOI: 10.30595/kosmikhukum.v23i2.17343

Rafiqa Sari, Tiara Ramadhani, Darwance Darwance

引用次数: 0

Legal Protection for the Victims of Religious Hate Speech on the Internet 网络宗教仇恨言论受害者的法律保护

Kosmik Hukum Pub Date : 2023-05-11 DOI: 10.30595/kosmikhukum.v23i2.18426

Agus Raharjo, Yusuf Saefudin, Sonny Zulhuda

{"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":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":"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}

引用次数: 0

Pelanggaran Kode Etik Notaris Yang Bekerjasama Dengan Biro Jasa 与服务机构合作违反公证道德规范

Kosmik Hukum Pub Date : 2023-05-11 DOI: 10.30595/kosmikhukum.v23i2.15466

Elsa Halida Saputri, Siti Hajati Hosein

引用次数: 0

The Role of Balunijuk Indigenous Communities Against Unconventional Mining a Malay Inner Perspective 峇里纽柱族原住民社群反对非常规采矿的角色:马来人的内在视角

Kosmik Hukum Pub Date : 2023-05-10 DOI: 10.30595/kosmikhukum.v23i2.18753

Ndaru Satrio, Muhammad Syaiful Anwar

引用次数: 0

Disparitas Pemidanaan Terhadap Pelaku Permufakatan Jahat Melakukan Tindak Pidana Narkotika dalam Prespektif Tujuan Hukum 出于法律的考虑，邪恶协商者实施麻醉品重罪的不平等

Kosmik Hukum Pub Date : 2023-05-10 DOI: 10.30595/kosmikhukum.v23i2.18361

Muhammad Rusli Arafat, Sigid Suseno, Widiati Wulandari

{"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":null,"pages":null},"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}

引用次数: 0

Revenge Porn: Digital Crimes and Implications for Victims 复仇色情:数字犯罪和对受害者的影响

Kosmik Hukum Pub Date : 2023-05-10 DOI: 10.30595/kosmikhukum.v23i2.18542

Zico Junius Fernando, Papontee Teeraphan, Jaco Barkhuizen, Agusalim Agusalim

{"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":null,"pages":null},"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}

引用次数: 1

The Phenomenon of Unregistered Marriages: Problems and Solution 非法婚姻现象:问题与对策

Kosmik Hukum Pub Date : 2023-05-10 DOI: 10.30595/kosmikhukum.v23i2.18113

Desmal Fajri, Felti Novira

{"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":null,"pages":null},"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}

引用次数: 0

Dinamika Sistem Pemilu dan Demokratisasi Partai Politik di Indonesia Pasca Reformasi 改革后印尼的选举制度和政党民主化

Kosmik Hukum Pub Date : 2023-05-10 DOI: 10.30595/kosmikhukum.v23i3.16640

Fatni Erlina

{"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":null,"pages":null},"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}

引用次数: 0

Tindak Pidana Kekerasan Seksual dan Perlindungan Hukum bagi Korban Kekerasan Seksual di Indonesia 性暴力重罪和印尼性暴力受害者的法律保护

Kosmik Hukum Pub Date : 2023-02-10 DOI: 10.30595/kosmikhukum.v23i1.17320

Yusuf Saefudin, Fatin Rohmah Nur Wahidah, Rahtami Susanti, Luthfi Kalbu Adi, Prima Maharani Putri

{"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":null,"pages":null},"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}

引用次数: 1

Professional Liability Insurance as an Alternative to Notary Legal Protection from the Legal Consequences of Insolvency Related to Errors in Making Authentic Deeds 职业责任保险作为公证法律保护的替代选择，以避免因真实契约错误而导致破产的法律后果

Kosmik Hukum Pub Date : 2023-01-15 DOI: 10.30595/kosmikhukum.v23i1.14942

Natasya Riesta Sivapramesti

引用次数: 0