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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 10 Documents
 1 
Search results for , issue "Vol. 2 No. 2 (2023): APRIL" : 10 Documents clear
CIVIL LAW ANALYSIS OF UNWRITTEN AGREEMENTS IN BUSINESS ACTIVITIES Nabilasari Lesmana, Ega; Yustiawan, Dewa Gede Pradnyana
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.v2i2.568

Abstract

In traditional societies, unwritten contracts were frequently used for commercial transactions. Unwritten agreements are weaker than written ones, particularly when it comes to proving their existence in the event of a dispute. The aim of this article was to conduct an analysis of unwritten agreements in civil law and to evaluate the advantages and disadvantages of forming and implementing such agreements. This is a normative legal research which focuses on positive law inventory, legal principles and doctrine, legal discovery in in concrete cases, legal systematics, level of synchronization, comparative law and legal history. In the deliberation, a verbal agreement was considered valid under civil law so long as it did not contradict Article 1320 of the Civil Code. The existence of a verbal agreement was also supported by the principle of contract freedom, which allowed the parties to determine the form of the agreement. Unwritten agreements were advantageous in terms of the amount of time required to reach an agreement and the use of trust in the formulation and implementation of the agreement, but they lacked the ability to be proven in the event of a dispute.
THE LEGALITY OF INTERFAITH MARRIAGE CONDUCTED ABROAD IN THE PERSPECTIVE OF INDONESIAN LAW Trisnawijayanti, Anak Agung Istri Agung Nindasari; Dewi, Anak Agung Istri Ari Atu
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.v2i2.572

Abstract

Based on the provisions of the legislation that applies positively in Indonesia, it is stated that interfaith marriages cannot be carried out. However, it turns out that interfaith marriages still occur as a result of social interaction among all Indonesian citizens, so the interfaith couples carry out their marriages abroad. Interfaith marriages are implicitly not specifically regulated in the Marriage Law. The problem studied in this paper is how the legality of interfaith marriages abroad in the perspective of Indonesian law. The purpose of this study is to find out the legality of interfaith marriages abroad in the perspective of Indonesian law. This research uses a normative method by reviewing the laws and regulations related to the legal issues under study. The results of the study concluded that the legitimacy of interfaith marriages outside the jurisdiction of Indonesia was invalid because it violated several articles in the Marriage Law. If interfaith marriages abroad still occur, then the marriage is a violation of the law.
EXAMINING THE LEGAL STANDING OF DIGITAL SIGNATURES UNDER CIVIL AND ITE LAWS Diah Iswari, Desak Ayu Intan; Rudy, Dewa Gede
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.v2i2.603

Abstract

This research aims to investigate the validity of digital signatures and their evidential value. This study adopts a normative juridical approach, utilizing a statutory method. The findings of this study reveal that: (1) Digital signatures have evidential strength as they are recognized by Article 5 of the ITE Law and are legally binding in civil cases in accordance with the relevant procedural laws of Indonesia. (2) In terms of legality under Indonesian positive law, digital signatures contained in electronic documents are considered valid in civil law, in accordance with the provisions of Article 1320 of the Civil Code and the enactment of Law Number 19 of 2016 Amendment to Law Number 11 of 2008, as well as Government Regulation No.71 of 2019, which deals with the Implementation of Electronic Systems and Transactions.
IMPLEMENTING THE PRINCIPLE OF ABUSE OF AUTHORITY PERSPECTIVE IN EXECUTING SUPERIOR ORDERS AGAINST LOCAL GOVERNMENTS Berlian, Nathasya; Vega F. R., Belyana
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.v2i2.608

Abstract

The application of the principle of abuse of authority in the execution of superior orders by local governments is a crucial aspect of good governance. In many countries, local governments are required to follow orders from higher authorities, such as central governments or regional administrations. However, there are instances where local officials abuse their power or exceed their authority while carrying out these orders. This paper aims to explore how the principle of abuse of authority can be implemented in the context of complying with superior orders. The article applies the juridical-normative approach method by reviewing the law on the general principles of good governance, as well as using various legal literature such as legal scientific articles, legal scientific papers, and theses and theses on AAUPB. The presentation of data in this paper uses qualitative techniques, where the data that has been obtained is described through narrative. The paper covers various aspects such as the definition and characteristics of abuse of authority, the relationship between abuse of authority and superior orders, and strategies that can be used to prevent abuse of authority. This study will provide readers with insights on the significance of understanding the concept of abuse of authority in the context of good governance. Additionally, the paper will suggest practical recommendations for local governments to reduce the risk of abuse of authority and promote good governance practices.
LEGAL PROTECTION OF TRADERS IN DIGITAL ASSET INVESTMENT THROUGH PRIVATE DIGITAL CURRENCY IN INDONESIA Sanjaya Putra, Adi Mas; Purwanto, I Wayan Novy
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.
IMPLEMENTATION OF DIVERSION TOWARDS CHILDREN WHO COMMIT CRIMINAL ACTS OF DRUG ABUSE IN DENPASAR CITY RESORT POLICE Tanaya, I Komang Pandu; Apryani, Ni Wayan Ella
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.v2i2.579

Abstract

This study aims to determine the application of diversion for children who commit narcotics abuse in the Denpasar City Police, as well as to identify the obstacles encountered in carrying out diversion related to cases of narcotics abuse crimes committed by children in the same jurisdiction. The research method used is empirical legal research by analyzing the gaps between "das sollen" (what should be) and "das sein" (what is). The approach used is the statutory approach and the fact approach. Data collection techniques include literature search, documentation, and interviews. Furthermore, both primary and secondary data were qualitatively analyzed. The results of this study indicate that investigations into narcotics crimes committed by children in the jurisdiction of the Denpasar City Police involve asking for consideration or advice from the Community Advisor after a crime is reported or complained about. In cases of children who are in conflict with the law related to narcotics crimes during 2020, 2021, and until the end of August 2022, investigators did not make diversion efforts because the child perpetrators had repeatedly committed the same offense. Therefore, the diversion requirements were not met in accordance with the Juvenile Crime Justice System Law. However, in 2019, there was one successful case of diversion attempt. This was because it was the first time the child in conflict with the law was involved in narcotics abuse.
MECHANISM FOR APPLYING FOR CREDIT RELAXATION AT FINANCING INSTITUTIONS IN DENPASAR Bhaskara, Made Aditya Sathya; Mahendrayana, I Made Dwi Dimas
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.v2i2.590

Abstract

This study aims to determine the mechanism of applying for credit relaxation at financing institutions in Denpasar and identify the inhibiting factors in applying for credit relaxation at financing institutions. The method used is empirical, with primary data sources consisting of interviews with respondents and informants, and secondary data sources consisting of library materials such as books, journals, and internet media. The results showed that there is a mechanism for applying for credit relaxation submitted by the debtor to the creditor, which is adjusted to the policies of each financing institution. The factors inhibiting credit relaxation in financing institutions are both internal and external. Internal factors include technological problems, while external factors include frequent interruptions in internet connectivity.
DEVELOPMENT OF BUSINESS LAW IN THE PERSPECTIVE OF PANCASILA IN THE ERA OF INDUSTRIAL REVOLUTION 4.0 Gunartha, I Made; Yustiawan, Dewa Gede Pradnyana
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.v2i2.602

Abstract

This article aims to explore the development of business law in the context of Pancasila during the era of the Industrial Revolution 4.0. The research methodology used is normative juridical, which examines the implementation of positive legal provisions in business law. The data used includes primary and secondary sources, obtained from legal products related to business and trade. The rapid globalization brought by the 21st century industrial revolution has resulted in significant changes in various aspects of law, politics, economics, technology, and culture. As the Industrial Revolution 4.0 relies heavily on telematics (telecommunications, media, and information), it is essential to adjust regulations in the field of business law to accommodate these changes. The Indonesian government must engage in legal development, legal harmonization, and legal reconstruction to update legal products in line with the global situation. This includes building a legal system that reflects Pancasila and the 1945 Constitution to adapt to the industrial era 4.0. As the development of business law in the Industrial 4.0 era must be consistent with Pancasila's values and the 1945 Constitution, it is crucial to prioritize these values in legal development.
ANALYSIS OF JUDGES' DECISIONS ON CRIMINAL SANCTIONS FOR ILLEGAL FISHING RECIDIVISTS: (Study of Sinabang District Court Decision Number 7/Pid.Sus/2022/PN Snb jo 28/Pid.Sus/2016/PN Snb) Safira, Widya; Sandela, Ilka
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.v2i2.616

Abstract

This research aims to analyze the considerations and reasons of judges when determining the same punishment for recidivist offenders engaged in illegal fishing, as well as the factors that contribute to the ineffectiveness of sanctions imposed on illegal fishing perpetrators. Recidivism is regulated in Articles 486, 487, and 488 of the Criminal Code, which stipulate that the penalty for repeat offenses should be increased by 1/3 of the previous sentence. However, in decision number 7/Pid.Sus/2022/PN Snb jo 28/Pid.Sus/2016/PN Snb, the judge imposed the same sentence of 3 years in prison for the defendant, without increasing the sentence as required. The research utilizes normative juridical and empirical juridical methods. The findings indicate that, in determining sanctions, judges consider aggravating and mitigating circumstances for the defendant. Their decisions are not solely based on formal evidence, but also rely on the judge's conviction. The judge's reasoning for imposing the same sanctions in this case was due to the fact that the defendant did not own the object of the crime, demonstrated good behavior during the trial, and was the breadwinner of the family. Factors contributing to the ineffectiveness of the imposed sanctions include lenient penalties, factors related to law enforcement, environmental considerations, and socio-economic factors.
LEGAL VALIDITY OF LAND TENURE BY FOREIGNERS THROUGH MIXED MARRIAGES OBTAINED FROM INHERITANCE FROM THE UUPA PERSPECTIVE Mahendra, I Gusti Made Oka; Yustiawan , Dewa Gede Pradnyana
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.v2i2.619

Abstract

This scientific paper aims to examine the legal validity of land tenure by foreigners through mixed marriages obtained from inheritance, with a focus on the perspective of the UUPA (Undang-Undang Pokok Agraria). It also investigates the legal consequences that arise from the cancellation of ownership rights to land obtained through inheritance by foreigners. The presence of mixed marriages in Indonesia has implications for joint property ownership in marriage. According to Article 35 of the Marriage Law, joint property refers to assets acquired during marriage that become shared property. However, Article 21, paragraph (3) of the Basic Agrarian Law (Law No. 5/1960) lacks clarity in terms of norms governing land tenure by foreigners derived from inheritance. This ambiguity arises from the absence of a defined time limit or clear provisions regarding land tenure by foreigners through inheritance. This research utilizes normative legal research methods, employing legislative, conceptual, and analytical approaches. Foreign nationals can acquire land ownership if they enter into a mixed marriage with Indonesian citizens. In such cases, the land must remain under the ownership of the Indonesian citizen, with a joint property separation agreement established prior to the mixed marriage. The heirs of foreign nationals can still hold Hak milik land acquired through inheritance, but only for a period of one year. After this period, the land reverts to state ownership. Foreign nationals have the option to sell the land to an Indonesian citizen or apply for a Right of Use through the National Land Agency, in accordance with the applicable regulations.

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