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POLICY, LAW, NOTARY AND REGULATORY ISSUES (POLRI)
Published by Transpublika Publisher
ISSN : -     EISSN : 2809896X     DOI : https://doi.org/10.55047/polri
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
POLICY, LAW, NOTARY AND REGULATORY ISSUES (POLRI) is an international journal established by Transpublika Research Center. POLRI is an open access, double peer-reviewed e-journal which aims to offer an international scientific platform for national as well as cross-border legal research. The materials published include major academic papers dealing critically with various aspects and field of laws as well as shorter papers such as recently published book review and notes on topical issues of law. Furthermore, POLRI also aims to publish new work of the highest calibre across the full range of legal scholarship, which includes but not limited to works in the law and history, legal philosophy, sociology of law, Socio-legal studies, International Law, Environmental Law, Criminal Law, Private Law, Islamic Law, Agrarian Law, Administrative Law, Criminal Procedural Law, Commercial Law, Constitutional Law, Human Rights Law, Civil Procedural Law and Adat Law. All papers submitted to this journal should be written either in English or Indonesian.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 11 Documents
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Search results for , issue "Vol. 2 No. 1 (2023): JANUARY" : 11 Documents clear
LEGAL PROTECTION FOR VICTIMS OF FAIR TRIAL RIGHTS AS A FORM OF HUMAN RIGHTS PROTECTION IN THE INDONESIAN JUSTICE SYSTEM Nugroho, Aji Febrian
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.v2i1.493

Abstract

In the legal protection of the right of Fair Trial victims in the Indonesian judicial system, the government should refer to and protect the Human Rights that exist in every individual human being even though the person who violates the “Fair Trial right” is a perpetrator of the crime. This study aims to examine the extent of the form of legal protection for victims of Fair Trial rights as a form of human rights protection in the Indonesian Judicial System because cases of violations of Fair Trial rights are often found in various existing cases. The “Fair Trial Rights” violated are the basic value of the criminal justice process covering at least three important components: human dignity, truth, and justice in the process. The first basic value, namely the protection of human dignity refers to the condition that all law enforcement officers at all stages of the judiciary must apply consistently and support the protection of the human dignity of the parties, both suspects, defendants, convicts, victims, and witnesses, the second value is the value of truth, this value requires that law enforcement “must ensure the application of normative provisions before imposing accusations, indictment, or punishing a person”, while the third value is fairness or the value of justice in criminal justice proceedings, which requires that law enforcement must work hard to treat the parties by respecting their rights protected by law and applying the limits of their authority.
WATER AND AIR POLICE CORPS (POLAIRUD) AUTHORITY IN PREVENTING THEFT ON LEGO ANCHORS SHIPS IN THE TANJUNG PRIOK PORT AREA Wahyudi, Surya; Candra, Tofik Yanuar; Ismed, Mohamad
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.v2i1.501

Abstract

The aim of the research is to analyze the authority of Water and Air Police Corps (Korpolairud) in preventing the crime of theft on ships with Lego anchors in the Tanjung Priok port area as well as analyzing the legal protection of ships anchored in the Tanjung Priok port area. The type of research used is normative juridical. The approaches used in legal research are the statute approach, the case approach and the comparative approach. The results of the analysis show that Polairud's Authority in preventing criminal acts of theft, Article 1 paragraph (1) of the 1945 Constitution of the Republic of Indonesia is a state based on law. The rule of law is a constitutional construction. As such, all actions of law enforcement officials including the police in carrying out investigations must be based on the law and obey the law. Legal protection for Lego Anchor Ships in the Tanjung Priok Port Area, it can be understood that police institutions, especially the Sub-Directorate of Gakkum Ditpolair Korpolairud Baharkam Polri as an organization carry out administrative and management functions in carrying out their functions or duties as investigators of criminal acts of theft onboard Lego Anchors in the Region Tanjung Priok Port which has been determined by laws and regulations.
INTERNATIONAL LEGAL STUDY OF THE INDONESIA-MALAYSIA REGIONAL DISPUTE ABOUT SIPADAN AND LIGITAN ISLANDS IN THE SULAWESI SEA Kelakan, I Gusti Ngurah Kesawa Kesuma Putra; Dewi, Tjokorda Istri Diah Widyantari Pradnya
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.v2i1.509

Abstract

The goal of this paper is to look into the background of the island disputes between Indonesia and Malaysia over Sipadan and Ligitan from the perspective of international law. In addition to the reasons, the purpose of this study is to determine the settlement process between the two countries to resolve the dispute between Sipadan and Ligitan and its implications for international law. It also aims to find out the reasons for the International Court of Justice in determining the winner of the dispute between the islands of Sipadan and Ligitan. This study uses descriptive methods, normative methods based on international law, and data collection techniques to analyze the data obtained through online search techniques and comparative research approaches. The results of this study show that the cause of the dispute between the islands of Sipadan and Ligitan originated from the absence of the two islands on the national maps of Malaysia and Indonesia, which then the two countries took steps to negotiate in international forums in resolving the dispute. It is also known that the main factor considered in determining the winner by the International Court of Justice is the comparison of the effectiveness of the management of the disputed area.
RESPONSIBILITY OF BUSINESS ACTORS FOR THE TRANSFER OF CONSUMER CHANGE FORMS Wiguna, I Made Ananda Dwirama; Yustiawan, Dewa Gede Pradnyana
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.v2i1.510

Abstract

This article aims to provide an understanding of the legal arrangements for the transfer of consumer change forms by business actors and examine the responsibility of business actors for the transfer of consumer change forms that can result in losses to consumers. The writing of this article uses a normative legal research method through a statutory approach, conceptual approach, case approach and use primary and secondary legal materials. The characteristics of this research are categorized as descriptive research. The results of the study show that the regulation regarding the transfer of consumer change is regulated in Law no. 8 of 1999 concerning Consumer Protection, Law no. 23 of 1999 and Law no. 7 of 2011 which basically stipulates that rupiah currency is a legal tender in the territory of the Republic of Indonesia so that consumer change must be in the form of rupiah currency without being transferred in any form. This will certainly cause deviations in terms of legal rules because consumers feel disadvantaged and violated their rights. Therefore, a legal review is needed based on related regulations, especially regarding the responsibility of business actors for the transfer of consumer change.
LEGAL IMPLICATIONS ON THE ISSUANCE OF GOVERNMENT REGULATION NO. 36 OF 2021 ON THE WORKER WAGE SYSTEM IN INDONESIA Christoper, Bryant; Sudiarawan, Kadek Agus
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.v2i1.525

Abstract

Wages are something that plays an important role in employment, because wages are a form of appreciation to workers/laborers given by employers for the work that has been done. The purpose of this study is to find out changes in the legal rules regarding the wage system in Indonesia so that workers know how the composition of the calculation used in calculating wages is based on the current legal rules. This research uses normative legal research methods and document study techniques for data collection, as well as legislation and descriptive approaches. The results of this study indicate that this new regulation is aimed at boosting the country's economy and increasing Indonesia's competitiveness in the world by changing the composition of the wage calculation variables and changing the type of wages.
SETTLEMENT OF DEFAULT IN THE CAR RENTAL AGREEMENT AT PT. SURYADITA 88 TRANSPORT IN BADUNG REGENCY Mertayasa, I Gusti Ngurah Made Siwa; Yustiawan, Dewa Gede Pradnyana
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.v2i1.533

Abstract

Car rental businesses are now relatively accessible in Badung Regency. Because Badung Regency is a popular tourist destination, numerous individuals have opened car rental services. In Badung Regency, PT Suryadita 88 Transport is one of companies that offers car rental services. In its operation, PT Suryadita 88 Transport is not exempt from issues involving default-causing factors and efforts to resolve defaults. This study aims to uncover the causes of default in the car rental agreement at PT. Suryadita 88 Transport and potential solutions. This study employs the Empirical Law research technique, which correlates the legal aspects of existing issues with their practical application in society. The applicable legal basis is Article 1548 of the Civil Code, pertaining to Leasing. The results revealed that disputes shall be resolved through litigation if they cannot be resolved through alternative mean.
LEGAL CONSEQUENCES OF ELECTRONIC AGREEMENTS REVIEWED FROM ARTICLE 1866 OF THE CIVIL CODE Murti AV, Gusti Putu Krisna; Yustiawan, Dewa Gede Pradnyana
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.v2i1.535

Abstract

Legal issues with regard to authenticity, authenticity, and proof arise frequently because no laws exist to control the private information of users of electronic agreements. The aim of this research is to determine whether or not there are issues with the legal binding force of agreements established via electronic means. This study employs a normative qualitative approach, based on the analysis of secondary data and bolstered by original data collected in the field. The findings prove that digital investigative tools can be used to verify the legitimacy, veracity, and integrity of electronic contracts. A person's permission is required before any of their personally identifiable information (PHI) can be used in any way, shape, or form via technological media. The evidentiary weight of an electronic or digitally signed deal is the same as that of a handwritten one. As progress is made toward open proof, the judicial system can make use of the system. Given the prevalence of online media in modern business dealings, it follows that any evidence acquired from any source, provided it is true, is admissible so long as it does not violate public order.
LEGAL RESPONSIBILITY FOR THE ROLE OF ONLINE TRANSPORTATION COURIER SERVICES IN DRUG TRAFFICKING Siahaan, Ricardho; Sinaulan, Ramlani Lina; Ismed, Mohamad
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.v2i1.530

Abstract

In this modern period, drug trafficking in Indonesia has adopted a new mode of operation, with drug traffickers utilizing online transportation courier services to facilitate drug delivery to their destination, in an effort to avoid and/or reduce the risk of legal proceedings. The purpose of this research is to analyze and determine the existence of law enforcement problems in handling the role of online transportation courier services that help drug trafficking. This research uses Normative Juridical methodology. The data used for the formulation of the problem is secondary data consisting of primary, secondary and tertiary legal documents. The results of the analysis show that with regard to law enforcement and accountability, each construction of the Intermediary Articles contained in Law Number 35 of 2009 concerning Narcotics relating to acts committed by couriers does not all fulfill the offense elements of each article. Based on Article 132 when couriers are unable to prove good faith as an online driver, such as not having the authority to inspect goods to be sent, courier service companies do not or have not supported goods scanning facilities, so they can enter into a conspiracy offense. However, even though the actions carried out by online couriers have fulfilled the formulation offense, they are not necessarily accountable. For the sake of creating a sense of justice for society, it is necessary to add new norms to the provisions of Article 114 paragraph (1) of the Narcotics Law and Article 114 paragraph (2) of the Narcotics Law.
HOW TO ENFORCE CRIMINAL LAW AGAINST NARCOTICS ABUSE OF NEW TYPES OF VARIANTS THAT HAVE NOT BEEN INCLUDED IN LAW NUMBER 35 OF 2009 CONCERNING NARCOTICS Marbun, Lukas Pardamean E.; Hedwig; Ismed, Mohamad
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.v2i1.531

Abstract

Today, many different narcotics, psychotropics, and other illegal drugs emerged. These new variants are not/have not been regulated by law number 35 of 2009 concerning narcotics. This research uses Normative Juridical methodology. The data used for the formulation of the problem is secondary data consisting of primary, secondary and tertiary legal documents. The results of the analysis show that in order to implement the provisions of Article 6 paragraph (3) of the Narcotics Law, it is necessary to stipulate a Regulation of the Minister of Health concerning Changes in the Classification of Narcotics, which is the last position where this research was written. Minister of Health of the Republic of Indonesia Number 4 of 2021 concerning changes to the classification of narcotics. Law Number 35 of 2009 concerning Narcotics and Regulation of the Minister of Health of the Republic of Indonesia Number 4 of 2021 concerning changes to the classification of narcotics which are guidelines for law enforcement against drug abuse with new variants in Indonesia are still deemed ineffective and efficient and do not accommodate all needs -the need for law enforcement against narcotics abuse, especially narcotics with new types of variants. An alternative policy formulation to Law Number 35 of 2009 concerning Narcotics, the formulation policy that is deemed suitable for implementation in the future is to revise Law Number 35 of 2009 concerning Narcotics in particular to expand the meaning related to narcotics in the provisions of Article 1 number 1 and/or Article 6 paragraph (1).
LEGAL PROTECTION OF PATENT RIGHTS AS FIDUCIARY GUARANTEES IN BANKING CREDIT Winata, I Gede Surya; Purwanto, I Wayan Novy
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.

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