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All Journal POLICY, LAW, NOTARY AND REGULATORY ISSUES (POLRI)
I Wayan Novy Purwanto
Faculty of Law, Universitas Udayana
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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APPLICATION OF THE LIABILITY PRINCIPLE IN THE LAND SALE AS JOINT PROPERTY BEFORE A NOTARY I Komang Wisnu Adi Bujangga; I Wayan Novy Purwanto
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 1 No. 4 (2022): OCTOBER
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v1i4.433

Abstract

This study aims to comprehend the legal basis for selling land as joint property before a notary as well as to know and comprehend the application on principle liability as joint property before a notary. An empiric legal research approach was applied for this study. This study uses statutory approach and fact approach. In this study, primary data was sourced from interviews and secondary data came from the civil code, marriage law, literature, journals and the internet. Data processing is done by qualitative descriptive. The findings of this research indicate that a clause that prohibits the sale of land from joint property without the approval of the wife is incorporated in the agreement that governs the sale of land as joint property. In this case, the liability principle is applied in accordance with the agreement made by the husband as the seller of the land with the buyer. The husband was to blame for the agreement since he neglected to involve his wife in the business transaction involving the land seller. Therefore, according to the principle of liability, responsibility must fall on the shoulders of the seller.
JURIDICAL STATUS OF STOCK EXCHANGE AND INVESTOR LEGAL PROTECTION IN FORCED DELISTING Ayu Atha Diva Daniswara; I Wayan Novy Purwanto
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 1 No. 4 (2022): OCTOBER
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v1i4.464

Abstract

The Stock Exchange has a role as a regulator of securities trading in the capital market. The Stock Exchange works for profit which is then aimed at developing securities trading activities in the capital market. Meanwhile, there is no form of legal protection for investors in the capital market which is specifically regulated in the law. The purpose of this study is to examine the juridical status of the stock exchange and to determine the legal protection for investors in the implementation of forced delisting. This study uses a normative legal research method, which is sourced from the Legislation by using a library research method. The results reveal that the Juridical status of the Stock Exchange is a company that has its own working rules, so it has differences compared to companies in general, and there is no form of protection for stock investors who experience forced delisting of issuers on the stock exchange. Investors are only given the opportunity to make sales in the negotiated market whose time is determined by the exchange. The findings of this research provide an explanation of the legal protections afforded to investors in the event that forced delisting is implemented.
NOMINEE AGREEMENT: A SOLUTION FOR FOREIGNERS TO CONTROL LAND IN BALI Tjokorda Gde Rai Y. Ary Sudharsana; I Wayan Novy Purwanto
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 1 No. 4 (2022): OCTOBER
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v1i4.473

Abstract

The purpose of this study is to find out the legal basis of the nominee agreement and to find out the nominee agreement that is used as a solution by foreigners in controlling land in Bali. This research method uses the type of empirical legal research. The legal basis for the nominee agreement is Article 21 and Article 26 of the Basic Agrarian Law (BAL). In addition, there are also other legal bases, namely Articles 1320 and 1313 of the Civil Code. Juridically, the nominee agreement cannot be used as a solution by foreigners to control land in Bali. Land tenure that can be taken by foreigners is with usufructuary rights and rental rights.
LEGITIMACY OF A FIXED-TERM EMPLOYMENT CONTRACT BASED ON REMOTE WORK CONCEPT FROM THE PERSPECTIVE OF THE JOB CREATION ACT Putu Bella Mania Madia; I Nyoman Bagiastra; I Wayan Novy Purwanto
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 1 No. 4 (2022): OCTOBER
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v1i4.485

Abstract

Labor issues are a social, political and economic phenomenon in modern countries, including Indonesia, and require a way that is no longer conventional in improving the system in employment. As such, remote working can be the solution. The implementation of Remote Working in Indonesia depends on three legal aspects, namely the Criminal Code, the Job Creation Act along with the Labor Law, and the ITE Law. This study aims to analyze the Fixed-Term Employment Contract (PKWT) work relationship based on remote work concept from the perspective of the job creation act and find out the implementation and problems of Fixed-Term Employment Contract. This study employs a normative legal research technique derived from laws and regulations employing a library research technique. According to the findings of this study, Fixed-Term Employment Contract with the Remote Working concept must also adhere to the Labor Law and the Job Creation Act. Besides, the parties who engages on the Fixed-Term Employment Contract must also consider a number of additional legal factors in order to ensure the agreement's legitimacy and the protection of each party's rights and obligations. Despite the passage of the Job Creation Act, it turns out that there are still several issues that require attention.
LEGAL PROTECTION OF PATENT RIGHTS AS FIDUCIARY GUARANTEES IN BANKING CREDIT I Gede Surya Winata; I Wayan Novy Purwanto
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 2 No. 1 (2023): JANUARY
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v2i1.549

Abstract

This study aims to identify and understand the legal protection of patents as fiduciary guarantees in bank credit and how to measure the economic value of patents as fiduciary guarantees. In addition, the study will investigate how to measure the legal protection of patents as fiduciary guarantees. This is a normative legal research using statutory approach, in this case Law Number 13 of 2016 concerning Patents and the Legal Concept Analysis Approach. This study includes primary legal material in the form of Law Number 42 of 1999 concerning Fiduciary Guarantees, Law Number 10 of 1998 concerning Banking as well as secondary legal material that is not binding but explains the primary legal material. The findings revealed that in granting credit, clearly there is a guarantee that must be given by the debtor to the creditor. Hence, for the purpose of guaranteeing credit, the form of guarantee that is most appropriate to use in this case is to use a fiduciary guarantee. Further, fiduciary guarantees are regulated in Law Number 42 of 1999 concerning Fiduciary Guarantees.
LEGAL PROTECTION OF TRADERS IN DIGITAL ASSET INVESTMENT THROUGH PRIVATE DIGITAL CURRENCY IN INDONESIA Adi Mas Sanjaya Putra; I Wayan Novy Purwanto
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 2 No. 2 (2023): APRIL
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v2i2.609

Abstract

This study examines the government's response to protect traders engaged in digital asset transactions in Indonesia and analyzes the legal protection available to traders in case of disputes with exchanges. The research employs a normative legal method that investigates relevant rules, norms, and doctrines. The findings indicate that the government has implemented preventive legal protection measures through the Commodity Futures Supervisor, as stipulated in the Decree of the Minister of Industry and Trade Number: 86/Mpp/Kep/3/2001, which outlines the organizational structure of the Ministry of Industry and Trade, specifically Article 1112. Furthermore, traders have access to repressive legal remedies, such as filing a lawsuit under Article 1365 of the Civil Code for the recovery of their rights (compensation) and initiating a default suit according to Article 1243 of the Civil Code in the district court situated in the trader's jurisdiction. Additionally, non-litigation settlements serve as an alternative option available to traders.
RESPONSIBILITY OF INSURANCE COMPANIES DECLARED BANKRUPT FOR THE REPAYMENT OF POLICYHOLDERS' RECEIVABLES Ni Made Dharmika Yogiswari; I Wayan Novy Purwanto
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 2 No. 3 (2023): JULY
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v2i3.637

Abstract

Insurance companies, as legal entities engaging in business activities, may not always maintain good financial standing. A bankrupt company is typically in a state of insolvency where its assets fall short of its outstanding obligations. The insolvency of an Insurance Company leads to setbacks and limitations in its operations, with the Policyholder being the most affected party. This study aims to explore how dividends from bankrupt insurance companies are distributed and how such companies are accountable for settling Policyholders' receivables. The research employs a normative research method, utilizing a statutory approach and legal concept analysis. The findings indicate that the distribution of bankrupt insurance companies' assets is based on the priority order of creditors. The Policyholder, as the Preferred Creditor, receives payment of their receivables first and assumes the position of Separatist Creditor. In case of bankruptcy, the Insurance Company bears full responsibility for settling Policyholders' receivables. If there are any unpaid receivables, the Insurance Company is obligated to pay the remaining amount to the Policyholder.
SOCIALIZATION OF REGIONAL REGULATION NO. 11 OF 2017 REGARDING EMBANKMENTS IN THE SARI BARUNA FISHERMEN'S GROUP OF BANJAR KHUBUR, KETEWEL VILLAGE, GIANYAR I Wayan Novy Purwanto; I Gusti Ayu Putri Kartika; I Nyoman Bagiastra; Ayu Putu Laksmi Danyati; Dewa Gede Pradnyana Yustiawan
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 3 No. 1 (2024): JANUARY
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v3i1.1011

Abstract

The purpose of this socialization is to educate and inform the Sari Baruna Fishermen Group of Banjar Khubur Ketewel Village, Gianyar about Regional Regulation Number 11 of 2017 regarding Bendega. It is crucial for the fishermen to understand this regulation as it addresses the problems they face. The Regional Government is committed to preserving and protecting Bendega, which is an integral part of Balinese culture. By safeguarding the ethical, moral, and civilizational values of Balinese customs, the government ensures the continuity of these traditions. Bendega holds significant economic, social, cultural, and religious importance in the indigenous communities of Bali's coastal areas. To protect and preserve Bendega, various strategies are implemented, including the continuous application of Tri Hita Karana principles, enhancing the skills and knowledge of Bendega personnel, and empowering Bendega through economic activities rooted in local wisdom. Additionally, the strengthening of Bendega institutions and financial support are provided. It is essential to socialize these efforts to the fishermen groups so that they can fully comprehend the protection offered by the Regional Government. This understanding will enable the fishermen to exercise their rights and responsibilities as coastal fishermen.
NOTARY AUTHORITY IN LEGALIZING FOREIGN PUBLIC DOCUMENTS AFTER ACCESSION TO THE APOSTILLE CONVENTION IN INDONESIA Ni Putu Winda Adilla Putri; I Wayan Novy Purwanto
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 3 No. 2 (2024): APRIL
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v3i2.1151

Abstract

This study aims to understand the procedure of legalizing foreign documents in accordance with The Hague Convention on the Abolition of Legalization Obligations for Foreign Public Documents 1961 and analyze the authority of a Notary in legalizing foreign public documents after the issuance of the Presidential Regulation on Ratification of the Convention on the Abolition of Legalization Obligations for Foreign Public Documents 1961. This research uses a normative legal approach with the support of legal concept analysis and regulatory approaches, as well as qualitative analysis techniques through several steps, namely systematization, description, and explanation. The study results show that the legalization of foreign documents in accordance with the Apostille Convention is carried out by eliminating diplomatic or consular legalization procedures and only requires the fulfillment of formalistic requirements stipulated in the Apostille Convention. Regarding the authority of a Notary in legalizing foreign public documents after the issuance of the Presidential Regulation on Access to the Apostille Convention remains in effect and does not reduce the authority of a Notary as stipulated in the Amended Notary Office Law because a Notary is an official appointed to legalize public documents issued or official certificates in accordance with the Apostille Convention.
ORAL AGREEMENT: LEGAL FORCE AND VALIDITY UNDER THE CIVIL CODE Dewa Ayu Ari Dwi Karina Subandi; I Wayan Novy Purwanto
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 3 No. 2 (2024): APRIL
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v3i2.1161

Abstract

The objective of this research is to examine legal validity of oral agreements based on the Civil Code and to recognize as well as understand the validity of oral agreements according to the Civil Code. The legal research method employed is normative research, with an approach to legislation and conceptual approach. Additionally, the legal materials are sourced from secondary legal materials and primary legal materials. The primary source is the Civil Code, while the secondary source includes books and scientific journals. The findings of this study indicate that, in accordance with the Civil Code, oral agreements possess legal validity. This legal validity is applicable to the parties involved in their creation. The legal validity involves a mutual obligation. The obligation is to willingly bind oneself and together in the oral agreement. The legal validity of oral agreements is closely linked to the validity of an agreement being deemed to have legal validity or meeting the requirements for its validity. An oral agreement is considered a valid agreement if it encompasses both of these elements.
Co-Authors Adi Mas Sanjaya Putra Ayu Atha Diva Daniswara Ayu Putu Laksmi Danyati Dewa Ayu Ari Dwi Karina Subandi Dewa Gede Pradnyana Yustiawan I Gede Surya Winata I Gusti Ayu Putri Kartika I Komang Wisnu Adi Bujangga I Made Bagus Bhismananda I Nyoman Bagiastra Ni Made Dharmika Yogiswari Ni Putu Winda Adilla Putri Putu Bella Mania Madia Tjokorda Gde Rai Y. Ary Sudharsana