cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Veri Hardinansyah Dja'far
Contact Email
admin@transpublika.co.id
Phone
+6281234560500
Journal Mail Official
admin@transpublika.co.id
Editorial Address
Bumi Royal Park Blok A-14 Bumiayu, Kedungkandang, Malang East Java, Indonesia
Location
Kota malang,
Jawa timur
INDONESIA
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
 1   2 
Search results for , issue "Vol. 2 No. 3 (2023): JULY" : 11 Documents clear
THE ROLE OF INTERNATIONAL LAW IN PREVENTING AND ADDRESSING HUMAN TRAFFICKING FROM THE PERSPECTIVE OF THE RIGHT TO PRIVACY UNDER ICCPR Praditama, Ida Bagus Mahendra; Ranawijaya, Ida Bagus Erwin
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.v2i3.620

Abstract

This research aims to explore the regulations and principles of human rights and the role of International Law in preventing and addressing trafficking in persons, with a specific focus on the Right to Privacy outlined in the International Covenant on Civil and Political Rights (ICCPR). Furthermore, the study seeks to analyze the contribution of International Law to combat trafficking in persons from an ICCPR perspective. The act of trafficking violates various principles of international human rights, including the Right to Privacy as stipulated in Article 17 of the ICCPR. However, Article 17 also acknowledges that the right to privacy may be limited in cases of public interest or to safeguard the rights of others. The challenge lies in determining appropriate limitations on the right to privacy in specific situations, leading to norm vagueness. This research adopts a normative legal research method, incorporating a statutory approach relevant to the legal domain under examination, as well as conceptual and analytical approaches. The findings revealed that effective international cooperation is crucial in combating human trafficking. Nations must ensure that their domestic laws align with international legal standards for prevention and intervention in human trafficking. Adoption and implementation of pertinent international instruments such as the Palermo Protocol, an adjunct to the UN Convention against Transnational Organized Crime, and the Protocol on Combating Trafficking in Persons are recommended for this purpose.
BENEFICIAL OWNERSHIP: TRANSPARENCY AS AN EFFORT TO PREVENT AND ERADICATE MONEY LAUNDERING AND ITS IMPACT ON INVESTMENT MARKETS Sihombing, Jacqueline Anastasia
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.v2i3.642

Abstract

Transparency plays a crucial role in the prevention and eradication of money laundering, a significant threat to financial system stability and economic integrity. This study aims to analyze the significance of beneficial ownership in achieving transparency, particularly in the context of preventing and eliminating money laundering. It explores the impact of transparency on the investment market and identifies necessary efforts and policies to enhance transparency. Transparency is a critical factor for investors in making informed decisions and reducing risks within the investment market. Using the normative juridical method, this study reveals that disclosing information about beneficial owners has a positive effect on preventing and combating money laundering crimes. Improved transparency enables more effective identification of risks and violations, leading to appropriate preventive measures. Furthermore, greater transparency positively influences the investment market, as investors tend to trust and feel motivated to invest in an environment where information about ownership and asset utilization is readily accessible. This fosters investor confidence, strengthens market integrity, and promotes economic growth. Effective transparency necessitates collaboration among authorities, financial institutions, and participants in the investment market. Implementing clear and robust regulations is crucial, alongside fostering corporate awareness and fostering a strong commitment to transparency.
JURIDICAL STUDY ON CRIMINAL ACTS OF ONLINE TOGEL GAMBLING Mawaridi, Gholib Yudha; Nita, Surya; Zulfa, Eva Achjani
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.v2i3.680

Abstract

Online gambling has gained popularity worldwide as a major entertainment industry. However, this growth has also brought about concerns regarding criminal activities such as fraud, money laundering, and illegal gambling operations. This study aims to analyze the considerations of judges in sentencing online gambling crimes and proving online togel gambling crimes. The research adopts a normative juridical approach (legal research) to examine the application of rules or norms in positive law using a statute-based approach. The analysis reveals that Article 303 and Article 303 Bis of the Criminal Code are utilized to address online gambling crimes, particularly online togel gambling. Although Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2011 regarding Electronic Information and Transactions can serve as a legal basis, it was not applied in this case. When deciding a criminal case, judges must take into account various factors, including ensuring that the actions charged meet the formulation of the offense and are in violation of the law, assessing the defendant's ability to be held accountable, and considering any justifications presented. Furthermore, the judge should also consider objective requirements, such as a complete indictment, case submission letter, and the case file. In the context of online togel gambling, evidence is evaluated using the theory of the Negative Legal System, which mandates at least two valid pieces of evidence as stipulated in Article 184 of the Criminal Procedure Code, in conjunction with the judge's own belief. Despite the availability of the Information and Electronic Transactions (ITE) Law as a legal basis, this study demonstrates the continued reliance on Article 303 of the Criminal Code for such cases, indicating that the principle of lex specialis derogat legi generali (specific laws override general laws) does not apply.
OPTIMIZATION OF ROAD SAFETY PARTNERSHIP ACTION (RSPA) IN HANDLING TRAFFIC PROBLEMS IN THE JURISDICTION OF THE TANJUNG PRIOK PORT POLICE STATION Natallia Rungkat, Yunita; Setyabudi, Chairul Muriman; Basir S.
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.v2i3.683

Abstract

The Tanjung Priok Port in Indonesia faces challenges in traffic management and road safety. To address these issues, the Tanjung Priok Port Police Traffic Unit has implemented Road Safety Partnership Action (RSPA) activities. This study aims to determine the implementation of Road Safety Partnership Action (RSPA) activities carried out by the Tanjung Priok Port Police Traffic Unit in handling traffic problems in the Tanjung Priok Port area. The study incorporates various theories, including Rosen's cooperation theory, Terry's management theory (including planning, organizing, implementing, and supervising), Dr. E Mulyana's competency theory, and problem-solving theory. A qualitative approach with descriptive analysis was employed. The findings revealed suboptimal implementation of the RSPA activities by the Tanjung Priok Port Police Traffic Unit in addressing traffic and road transportation issues. Furthermore, the competence of the Satlantas Polres Pelabuhan Tanjung Priok personnel in executing the RSPA activities was also deemed suboptimal. The active system and methodology employed in the RSPA activities have not been fully maximized. Therefore, optimization measures are required, including strengthening coordination and communication capabilities, empowering budget support and improving facilities and infrastructure in RSPA activities, enhancing the enforcement of traffic violations and management of traffic accidents, fostering personnel quality in executing the RSPA activities, implementing traffic engineering measures in anticipation of increased port activities related to transportation, encouraging community participation, and utilizing advancements in information technology, particularly in traffic engineering within the Tanjung Priok Port area.
THE CRIMINALIZATION OF COVERING MUSIC SONGS WITHOUT PERMISSION: EXPLORING THE LEGAL IMPLICATIONS, PIRACY, TAX LAWS, AND ACTS OF CORRUPTION Harwanto, Edi Ribut
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.v2i3.621

Abstract

Enforcement of criminal law within the Copyright Act alone is insufficient to effectively address acts of piracy, duplication, cover songs, distribution, and management of copyrighted music and songs. Offenders without a license/permit are subject to both criminal and civil sanctions. The Criminal Law No. 28 of 2014 on Copyright also imposes criminal sanctions for pirates, cover songs, and music rearrangement without permission from copyright holders or related rights. This study identifies two main issues. Firstly, there is a weak implementation of criminal sanctions in copyright law, particularly concerning juridical aspects in the formulation of criminal law provisions (penal policy). Secondly, there is a need for understanding among copyright holders, related rights, and offenders to operationalize law enforcement by employing other relevant laws outside copyright law. The use of criminal acts of corruption and taxation can be an effective effort to protect the law and ensure legal certainty. To address these issues, this research employs a socio-legal approach, which combines doctrinal studies with social studies. This integration is based on the belief that the rule of law cannot operate in isolation when dealing with copyright piracy of songs and music in Indonesia. The post-positivism paradigm underpins this study, acknowledging the reality based on experience while maintaining the researcher's objectivity towards the subject. Empirical verification, hypothesis testing, and maintaining a clear distinction between the researcher and the object under study are emphasized throughout this research.
RESPONSIBILITY OF INSURANCE COMPANIES DECLARED BANKRUPT FOR THE REPAYMENT OF POLICYHOLDERS' RECEIVABLES Dharmika Yogiswari, Ni Made; Novy Purwanto, I Wayan
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.
IMPLEMENTATION OF THE SEVERANCE PAYMENT AGREEMENT FOR EMPLOYEES OF PT. GADING BHAKTI : (Case Study of PT. Gading Bhakti in the Pantoen Reu District, West Aceh Regency) Mawar, Eka Aria; Effida , Dara Quthni
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.v2i3.663

Abstract

PT. Gading Bhakti, a private company and subsidiary of PT. Mapoli Raya, operates in the palm oil plantation and processing industry. In 2021, PT. Mopli Raya, its parent company, was declared bankrupt under Decree Number 17/pdt-SUS-PKPU/2020/PN.Niaga Medan and Law No. 13 of 2003, Employment Article 95 paragraph 4, mandating debt settlement as a priority for bankrupt companies. Despite this, PT. Gading Bhakti failed to fulfill debt payments to 25 retired employees, resulting in the non-payment of their post-employment benefits. The research aims to investigate the implementation of the severance payment agreement by PT. Gading Bhakti and the company's measures to meet its obligations toward employee severance. The research methodology employed was the empirical juridical method, observing ongoing events and directly examining PT. Gading Bhakti's implementation of the severance payment agreement. Furthermore, the study explores the company's attempts to fulfill the severance payment for its employees. Regrettably, the implementation of the agreement resulted in a breach of contract, with severance payments not being duly honored. Various efforts were made, including rescheduling the agreement and submitting severance payment documents. On the other hand, the employees sought resolution through verbal warnings, mediation, media involvement, and seeking assistance from relevant authorities concerning the unclear situation of severance payments for PT. Mapoli Raya's ex-employees (PT. Gading Bhakti being its subsidiary). In conclusion, the study highlights the challenges faced by retired employees in receiving their post-employment benefits and the need for PT. Gading Bhakti to effectively fulfill its obligations regarding severance payments.
THE PROBLEM OF THE RE-EXISTENCE OF MPR DECREES AS A TYPE AND HIERARCHY OF LEGISLATION IN INDONESIA Gunawan, Made Gerry; Bagiastra, I Nyoman
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.v2i3.687

Abstract

The Decree of the People's Consultative Assembly, also known as MPR Decrees, contains decisions made by the People's Consultative Assembly. The presence of MPR Decrees has undergone various system dynamics within the hierarchical order of legislation in Indonesia. Law Number 12 of 2011 on the Formation of Legislation reintroduces MPR Decrees as a type and hierarchy of law and regulation, reversing the previous law, Law Number 10 of 2004, which abolished the MPR Decrees from the structural hierarchy. The re-existence of MPR Decrees in the Indonesian legislative system has implications for the order and position of these decrees in the state administration system. This research adopts a normative research method, utilizing a statutory approach as the primary legal material and secondary legal materials such as books, journals, and other sources for analysis. The findings of this study indicate that the re-existence of MPR Decrees creates ambiguity in the validity of the MPR within the state administration system, considering that MPR Decrees originated before the reform or amendment of the 1945 Constitution, when the MPR held a higher position as a state institution. Furthermore, there is no authorized judicial institution to test the MPR Decrees if they are suspected of violating the provisions of the Constitution of the Republic of Indonesia.
LEGAL PROTECTION AGAINST THE CASE OF PT. MOTTOLEDO AS A VIOLATOR OF FEN LIE PATENT RIGHTS Tirandika, Putu Reza Aditya; Karma Resen, Made Gde Subha
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.v2i3.718

Abstract

Intellectual property rights (IPR) pertain to property rights derived from human intellectual capabilities, encompassing various forms of talent displayed in technology, science, art, and literature. Adequate legal protection is essential for intellectual works to nurture societal creativity and ensure successful safeguarding of intellectual property rights. This study aims to assess the legal protection of intellectual property rights against PT Mottoledo Fen Lie Agen as a patent infringer. This study employs a normative legal study approach, focusing on the positive legal norms governing the protection of intellectual property rights against PT Mottoledo Fen Lie Agent's patent infringement. The study identifies the substantive requirements for patentability of an invention, namely: novelty, inventive steps, and industrial applicability, as specified in Articles 2-5 of the Patent Law. Concerning copyrighted books and similar works, the protection system discussed earlier adopts an automatic approach. This means that creators do not need to undergo a registration process to obtain legal protection; protection automatically exists from the moment the copyrighted work is created as a tangible expression, such as a copyrighted book, etc.
LEGAL RESPONSIBILITY OF GOODS/SERVICES PROVIDER FOR BUILDING FAILURE Wibowo, Tulus Yudi Widodo; Hadi, Syofyan
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.v2i3.727

Abstract

Construction failure can be caused by a failure in the process of procuring goods or services, or it may occur during the construction process itself. Construction work failure refers to a condition where the results of construction work do not comply with the agreed work specifications in the construction work contract, either partially or entirely, due to the fault of the service user or service provider. The purpose of this study is to analyze the responsibility of goods/services providers in the event of a building failure and to examine the form of their responsibility in such cases. This study adopts a descriptive normative approach to answer questions regarding the responsibilities of goods/services providers in cases of building failures, as outlined in Legislation Number 18 of 1999 concerning Construction Services, which was renewed as Number 2 of 2017 Construction Services, Government Regulation Number 29 of 2000 concerning construction service providers, and regulations pertaining to the responsibilities of goods/services providers in the event of building failures, which include meeting the Standards for Security, Safety, Health, and Sustainability, undergoing inspection by a team of experts appointed directly by the Minister, and complying within a maximum period of 10 (ten) years from the final delivery of Construction Services. The responsibility of goods/services providers for building failures is based on the principle of Liability based on Fault and is administered through written warnings, administrative fines, temporary suspension of construction service activities, inclusion in the black list, and even suspension or revocation of permits.

Page 1 of 2 | Total Record : 11

 1   2 

Filter by Year

2023 2023


Reset
Filter By Issues
All Issue Vol. 5 No. 1 (2026): JANUARY Vol. 4 No. 4 (2025): OCTOBER Vol. 4 No. 3 (2025): JULY Vol. 4 No. 2 (2025): APRIL Vol. 4 No. 1 (2025): JANUARY Vol. 3 No. 4 (2024): OCTOBER Vol. 3 No. 3 (2024): JULY Vol. 3 No. 2 (2024): APRIL Vol. 3 No. 1 (2024): JANUARY Vol. 2 No. 4 (2023): OCTOBER Vol. 2 No. 3 (2023): JULY Vol. 2 No. 2 (2023): APRIL Vol. 2 No. 1 (2023): JANUARY Vol. 1 No. 4 (2022): OCTOBER Vol. 1 No. 3 (2022): JULY Vol. 1 No. 2 (2022): APRIL Vol. 1 No. 1 (2022): JANUARY More Issue