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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 22 Documents
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Search results for , issue "Vol. 3 No. 1 (2024): JANUARY" : 22 Documents clear
VIOLATION OF ETHICS BY PUBLIC OFFICIALS IN RELATION TO CORRUPTION CASES Mulkan, Hasanal; Okprianti, Reny; Aprita, Serlika; Pratama, Ferindi Ramadan
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.v3i1.896

Abstract

The public ethics of state officials in the administration of clean government holds an important position and role as a guide for good behavior in carrying out their duties. The occurrence of political corruption is not solely attributed to the extent of authority possessed but is also rooted in the violation of the ethics of state officials. This study employs qualitative research methods and a literature approach to explore law violations stemming from breaches of state officials' ethics, focusing on the Hambalang Political Corruption case handled by the KPK. The investigation delves into how violations of state officials' ethics transpire, originating from both the executive and legislative branches.The breach of state officials' ethics in this case is linked to the struggle for interests in securing funds to support a candidate for the general chairmanship of a political party. Beyond implicating the executive and legislature, the corruption also involves the private sector. The manipulation of legal loopholes in preparing the APBN is exploited to inflate the value of the Hambalang project, resulting in substantial budgets, profits, and an escalation of corrupted funds. The case study reveals ethical violations by state officials, characterized by dishonest behavior, data manipulation, and a lack of transparency to secure approval for the Hambalang project. These ethical transgressions are coupled with legal violations, ultimately eroding public trust in endeavors to establish a corruption-free government, particularly concerning officials affiliated with political parties.
IMPLEMENTATION OF ELECTRONIC LAND CERTIFICATES AS LEGAL LAND OWNERSHIP Rachmah, Andriana; Djaja, Benny; Sudirman, Maman
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.v3i1.900

Abstract

With the issuance of Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency Number 1 of 2021 concerning Electronic Certificates, this is a new breakthrough from the government to protect the public and provide legal certainty regarding ownership of land rights. Due to the frequent occurrence of various land disputes which will ultimately be detrimental to society, such as falsification of land certificates, the existence of multiple land certificates or overlapping land certificates and the rise of the land mafia. The problem formulation for this research is how to implement the implementation of electronic land certificates as legal land ownership? and what about legal protection and certainty after the implementation of electronic land certificates? In practice, Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency of the Republic of Indonesia Number 1 of 2021 concerning electronic certificates is relevant to be implemented today in line with the rapid development of science, technology and information. Legal certainty in the process of obtaining land rights is based on statutory rules and government regulations to prevent misuse of land rights, and can provide legal protection for land rights owners. This Ministerial Regulation aims to realize the modernization of land services in order to improve indicators of ease of doing business and public services to the community, thereby optimizing the use of information and communication technology by implementing electronic-based land services.
LEGAL ANALYSIS OF THE LIMITED LIABILITY COMPANY NAME CHECK SYSTEM THROUGH ONLINE GENERAL LEGAL ADMINISTRATION Esa Prameswari, Rr. Ayu Gayatri; Djaja, Benny; Sudirman, Maman
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.v3i1.901

Abstract

A Limited Liability Company (LLC) is gaining popularity within various business circles as a legal entity consisting of directors, commissioners, and shareholders. Establishing an LLC requires adherence to specific requirements and procedures to obtain legal documents, with evidence and manifestation of legality aspects presented, registered, and ratified by the Directorate General of Law and Human Rights through the online system. Formally, the deed for LLC establishment must be drafted in Indonesian by at least two individuals, meeting the material requirements specified in Article 9 of Law Number 40 of 2007 concerning Limited Liability Companies. The procedure for creating a Deed of Establishment by a notary is governed by Article 39 of Law Number 2 of 2014 concerning the Position of Notaries, involving presenters approaching the notary, verification of the name, signing of the deed, registration with the relevant Ministry, and issuance of a Legal Entity Decree. Notaries may encounter obstacles, including technical issues like system inaccessibility, addressed through communication with AHU Online (Online General Legal Administration), and non-technical issues resolved through improvements. Responsibility for material truth lies in the validity of the deed, while responsibility for formal truth involves adherence to statutory regulations in the deed-making process.
ELECTRONIC LEGAL CERTAINTY OF THE ROYA DEED OF ENCUMBRANCE Rania, Rania; Djaja, Benny; Sudirman, Maman
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.v3i1.902

Abstract

The authority of a Notary is a distinct jurisdiction, grounded in Law Number 2 of 2014 Amendment to Law Number 30 of 2004 concerning the Position of Notary. The mortgage right, serving as collateral, is registered by the bank through a Notary/PPAT with the local National Land Agency. This process results in the issuance of a Deed of Mortgage Encumbrance (APHT) for the land used as collateral. Subsequent to the termination or deletion of the mortgage right, the note or mortgage right is electronically written off. The research problem is formulated as follows: What is the mechanism for electronic mortgage registration, and what is the legal certainty of electronic mortgage deeds? The electronic mortgage registration can be conducted either directly by the community or with the assistance of a Notary in their respective locations, facilitating the process for the community. The introduction of Electronic Mortgage Rights brings positive benefits to the community, banks/creditors, and PPAT, streamlining the mechanism for binding and registering mortgage rights, making it more efficient, faster, and cost-effective. Moreover, Regulation of the Minister of ATR/Head of BPN Number 5 2020 ensures legal certainty and protection for the public, particularly creditors. When executing a Roya Deed of Mortgage, the debtor must appear before a notary, ensuring legal certainty as authentic evidence of their actions, in accordance with Article 15 paragraph (1) of the Notary Position Law.
ANALYSIS OF OPPORTUNITIES AND CHALLENGES OF 30% FEMALE REPRESENTATION IN THE LEGISLATURE: PERSPECTIVES FROM JOHN RAWLS' THEORY OF JUSTICE Gian Erlangga, I Nyoman
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.v3i1.912

Abstract

This research aims to explore the possibilities of achieving a 30% representation of women in the legislature through the lens of John Rawls' theory of justice. Additionally, it examines the challenges faced in implementing this representation. The research adopts a normative legal research approach. In essence, Citizens share the same basic rights, one of which is the right to elect and vote. The Election Law regulates the 30% women's representation in the legislature, and efforts are being made to promote and protect women's rights in this regard. These efforts align with Rawls' concept of maximum freedom, which emphasizes that individual rights should not be compromised for the sake of society or the state. However, obstacles persist in achieving the 30% women's representation in the legislature, primarily due to the prevailing patriarchal culture in society. Rawls suggests that non-violent political means can be employed to challenge and overcome such injustices. Implementing affirmative policies is one effective approach to combat the patriarchal culture and promote gender equality.
STRATEGY OF ENVIRONMENTAL LEGAL ARRANGEMENT AS AN EFFORT TO PREVENT NATURAL DISASTERS, FLOODS, AND LANDSLIDES IN NORTH SULAWESI Kalalo, Flora Pricilla; Pinangkaan, Nelly; Rewah, Reymen M.
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.v3i1.924

Abstract

The prevention of violations of Environmental Law is based on Law Number 32 of 2009, which requires all members of society to comply with the law. National guidelines for preventing natural disasters have been established by BNPB, Provincial and Regional Governments as policies for society to follow. Compliance with environmental laws is crucial to ensure that people do not live in prohibited areas designated by the government. Failure to comply with environmental permits has resulted in losses and casualties during floods and landslides in Manado and North Sulawesi. Environmental standards are regulated by laws and institutions such as BNPB, as well as local government regulations. However, despite these regulations, environmental problems still persist. This research aims to address the legal strategies for structuring environmental law that must be followed by the community, as well as the enforcement strategies and sanctions for those who violate environmental laws. The research uses normative research methods focusing on two indicators: the basic strategies for structuring environmental laws and the enforcement strategies and sanctions for violators.
IMPLEMENTATION OF ELECTRONIC TICKET SANCTIONS FOR TRAFFIC VIOLATORS IN BONE DISTRICT Safina, Safina; Lutfi, Muhammad; Takdir, Muhammad
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.v3i1.926

Abstract

The transportation system is very important in a city, both in big cities and small cities. There are so many traffic violations that occur on the highway caused by road users who do not obey traffic rules, this can cause congestion and can even cause traffic accidents. With the E-Tilang service, the implementation of traffic tickets is faster than manual tickets, besides that there is transparency or openness in its implementation. The method used in this research uses a qualitative research method with a literature study approach to explain the application of e-Tilang sanctions in Bone Regency. The application of e-Tilang sanctions in Bone Regency has not been implemented optimally because the socialization carried out by law enforcement officials has not been maximized so that there are still people who do not know about the implementation of e-Tilang and the community still does not fully support e-Tilang because of the high costs that must be incurred.
LEGAL VALIDITY OF NOTARIAL DEEDS SIGNED WITH ELECTRONIC SIGNATURE: (Comparative Study between Indonesian Law and Australian Law) Emeralda Girsang, Wanda Fabiola; Kurniawan, Kurniawan; Hayyanul Haq, Lalu Muhammad
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.v3i1.927

Abstract

Currently, the profession of Notary holds significant importance in the economic landscape of Indonesia. However, there is a lack of legislation that enables Notaries to execute their duties by creating electronically signable deeds. In Indonesia, an authentic deed prepared by a Notary necessitates physical presence and cannot be executed electronically. This research seeks to identify the legal validity of notarial deeds signed with Electronic Signatures, particularly in Indonesia and New South Wales, Australia. The study aims to understand the regulatory frameworks, examine the nature of Electronic Signatures, and evaluate the implications for contract law in both jurisdictions. Utilizing a Normative Research approach, this study employs the Statute, Conceptual, and Comparative Approaches. Primary legal materials include relevant Indonesian and Australian laws, while secondary and tertiary legal materials provide additional context. A literature review involving books, e-journals, and internet sources contributes to the analysis. The research reveals a gap in explicit regulations governing electronically signed deeds in both Australia and Indonesia. Despite practical application in public contracts, especially in business collaborations, concerns about vulnerability to forgery persist. The absence of clear regulations necessitates a physical appearance before a notary for authentic deeds. The study concludes that regulatory models addressing protection, implementation, and supervision of electronically signed deeds should be explored collaboratively by the Government and the House of Representatives in Indonesia.
STRATEGIES FOR OPTIMIZING THE "EKSUS SMART" APPLICATION FOR THE COMMUNITY TO INCREASE TRANSPARENCY IN THE PERFORMANCE OF INVESTIGATORS IN HANDLING CRIMINAL ACTS Siburian, Hiroyuki Aditya; Handayani, Riska Sri; Yola, Lin
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.v3i1.934

Abstract

The Indonesian National Police (POLRI) confront a myriad of challenges in criminal investigations, contending with dynamic crime scenes and the need for prompt decision-making. Police Chief Listyo Sigit Prabowo leads the charge in operational transformation through the 6th program, the POLRI Transformation Road Map, focusing on elevating law enforcement performance. At the core of this initiative is the "EKSUS SMART" application, developed to streamline investigations. While holding promise for enhancing POLRI investigators' performance, practical obstacles necessitating optimization have emerged. This study aims to evaluate the utilization of "EKSUS SMART" in criminal investigations by POLRI investigators, proposing strategies to boost public participation in reporting crimes. Optimization goals encompass efficiency, effectiveness, and transparency in crime handling, coupled with fostering public trust in law enforcement. Employing qualitative research and drawing on theories like Diffusion of Innovation (DOI) and the Technology Acceptance Model (TAM), the study underscores the intricate nature of criminal case management, requiring high levels of expertise and professionalism. While "EKSUS SMART" contributes positively to efficiency and transparency, resolving technical, legal, and social challenges is crucial for its optimal application in upholding public safety. Specific optimization strategies, including heightened public awareness, user-friendly design, and instilling trust in reporting processes, are deemed essential. Improvements in investigator services, training, and communication skills are identified, along with the need for enhanced coordination and collaboration among investigators, government, and the public, achievable through improved information infrastructure and increased public interest in transparency and investigations.
FULFILLMENT OF RESTITUTION RIGHTS TO VICTIMS OF TRAFFICKING OFFENSES Pratama R., Andi Boby
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.v3i1.937

Abstract

Crime is a significant issue in Indonesia, with human trafficking being a major concern. The crime is based on Article 28, paragraph (2) of the Republic of Indonesia Constitution of 1945, which states that human rights are inalienable. The original regulation for the crime was in Article 297, which outlined the punishment for trafficking women and men who are not yet adults. However, the current rules do not provide clear protection for victims, and offenders do not face commensurate penalties. The Criminal Code provides compensation through a judge's decree, but implementation is challenging due to limitations in determining compensation and the lack of specialized legal protection for victims. This study uses normative legal research to analyze Indonesia's legal protection and compensation for victims of human trafficking, utilizing current legal materials and written works. The Criminal Code and PTPPO Law provide limited protection for victims of human trafficking, but they lack comprehensive restitution. Indonesia only approves two restitution requests, demonstrating the fundamental right to recompense. The process is lengthy and lacks evidence of expenditure, leading to uncertainty in court decisions.

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