POLICY, LAW, NOTARY AND REGULATORY ISSUES (POLRI)
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.
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<![CDATA[SUBPOENA AS A FORM OF DEVELOPER'S LEGAL EFFORT TO CONSUMERS IN CANCELING PROPERTY RESERVATIONS ]]>
<![CDATA[Pratama, Putu Gede Wahyu Santika]]>;
<![CDATA[Purwanto, I Wayan Novy]]>
<![CDATA[ POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 3 No. 2 (2024): APRIL ]]>
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DOI: 10.55047/polri.v3i2.1067
<![CDATA[This study aims to investigate whether subpoenas can serve as a legal recourse for developers in the cancellation of property reservations and to comprehend the process of issuing subpoenas to consumers for canceling property reservations in Badung Regency. The research methodology employed is empirical legal research without statutory approaches, relying on factual analysis. Primary information was gathered through interviews with respondents and informants, while secondary data sources included literature, journals, and internet legislation. Data collection techniques involved documentation studies, and analysis was conducted through descriptive analysis. The research findings indicate that subpoenas can be utilized as a legal remedy by developers for consumers canceling property orders. Subpoenas are issued by delivering appeals and warnings through familial and economic approaches regularly. This legal effort aims to prevent financial losses for developers in the Badung district resulting from consumer order cancellations.]]>
<![CDATA[ANALYSIS OF LEGAL PROTECTION FOR ONLINE SHOPPING CONSUMERS ]]>
<![CDATA[Arimbawa, I Putu Agus Putra]]>;
<![CDATA[Priyanto, I Made Dedy]]>
<![CDATA[ POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 3 No. 2 (2024): APRIL ]]>
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DOI: 10.55047/polri.v3i2.1068
<![CDATA[The study aimed to examine the legal safeguards provided to consumers engaged in online shopping. This study utilized a normative juridical approach with a descriptive qualitative method. Secondary data was collected through a literature review, encompassing various sources such as journals, books, laws, and regulations. The analysis was descriptive in nature, leading to a generalization of the research problem. The findings revealed that consumer protection is regulated by Law no. 8 of 1999 on Consumer Protection, with the ITE Law, specifically Law no. 19 of 2016 on Information and Electronic Transactions, also being applicable to online shopping transactions. Disputes arising from online shopping can be resolved through instant claims (negotiation, mediation, etc.), seeking assistance from the Consumer Dispute Settlement Agency, or resorting to legal action. Furthermore, the study highlighted the importance of consumer awareness and education in understanding their rights and responsibilities when engaging in online shopping. It also emphasized the need for e-commerce platforms to implement transparent and fair practices to protect consumers from fraudulent activities]]>
<![CDATA[CURATOR'S LEGAL EFFORTS AGAINST BANKRUPTCY ESTATE (BOEDEL) ASSETS SEIZED IN CRIMINAL CONFISCATION OF CORRUPTION CASES ]]>
<![CDATA[Dita Helena, Ida Ayu Putri]]>;
<![CDATA[Putri Kartika, I Gusti Ayu Putri]]>
<![CDATA[ POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 3 No. 2 (2024): APRIL ]]>
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DOI: 10.55047/polri.v3i2.1096
<![CDATA[This paper aims to analyze the legal aspects of the general seizure and criminal seizure in Indonesian positive law, as well as to understand the legal efforts of the curator towards the assets of bankrupt estates placed under criminal seizure for corruption and economic crimes. The method used in writing this article is the normative legal research method, which starts from the normative problem of conflict of norms, and the results of this journal article are to determine the position of general seizure and criminal seizure based on the principle of legal preference, namely the principle of lex superior derogat legi inferiori, lex posterior derogate legi priori, and lex specialis derogate legi generalis, and the legal efforts that can be taken by the curator when the assets of bankrupt estates are placed under criminal seizure is by filing an objection to the Corruption Court and by filing a pretrial against the seizure actions carried out by the corruption investigators. The legal status of general attachment and criminal attachment can be determined by the principles of legal preference, including lex superior derogat legi inferiori, lex posterior derogate legi priori, and lex specialis derogate legi generalis. In most cases, general attachment takes priority over criminal attachment, except in cases of corruption (tipikor). In such cases, neither general nor criminal attachment can take precedence over the other. If criminal attachment is imposed on a bankrupt estate, the Curator can file an objection with the Corruption Court within two months of the court decision.]]>
<![CDATA[REGULATION OF PEACEFUL PASSAGE RIGHTS IN THE TERRITORIAL SEA BASED ON THE UNITED NATIONS CONVENTION ON THE LAW OF THE SEA (UNCLOS) ]]>
<![CDATA[Dananjaya, A.A. Gde Agung]]>;
<![CDATA[Sumerta Yasa, Putu Gede Arya]]>
<![CDATA[ POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 3 No. 2 (2024): APRIL ]]>
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DOI: 10.55047/polri.v3i2.1114
<![CDATA[The aim of this research is to conduct a detailed analysis of the regulation of innocent passage rights in territorial waters as outlined in UNCLOS (United Nations Convention on the Law of the Sea) and its practical application. This study utilizes a normative legal research methodology, incorporating legislative and case-based approaches. The findings of this study reveal that the regulation of innocent passage rights in territorial waters is governed by UNCLOS, spanning from Article 17 to Article 32. While the regulation has been extensively addressed, it is not yet fully comprehensive. There are evident ambiguities in the norms that impede the effective implementation of these regulations. The incident involving the entry of American warships into the territorial waters of the People's Republic of China, resulting in conflicts, serves as a prime example of the inadequacies in the regulation of innocent passage rights in territorial waters as outlined in UNCLOS. In this scenario, both nations hold differing interpretations of the norms within UNCLOS.]]>
<![CDATA[SETTLEMENT OF SEXUAL VIOLENCE AGAINST CHILDREN BASED ON BALINESE CUSTOMARY LAW ]]>
<![CDATA[Sukmayoga Wiweka, Gede Rhama]]>;
<![CDATA[Ari Atu Dewi, Anak Agung Istri]]>;
<![CDATA[Arya Sumertayasa, Putu Gede]]>;
<![CDATA[Bagiastra, I Nyoman]]>
<![CDATA[ POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 3 No. 2 (2024): APRIL ]]>
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DOI: 10.55047/polri.v3i2.1120
<![CDATA[This study aims to examine and analyze related to the settlement of crimes of sexual violence against children based on positive law in Indonesia and Balinese customary law. This study uses normative legal research methods with factual approaches, statutory approaches, case approaches, and legal concept analysis approaches. The results of this study explain that arrangements related to sexual violence against children are regulated in Article 81 and Article 82 of the UUPA, regarding their settlement according to the criminal justice system according to the provisions of the Criminal Procedure Code. As well as the settlement of criminal acts of sexual violence against children in Balinese customary law is translated into two approaches to justice, namely criminal sanctions with a retributive approach or criminal sanctions with a restorative approach. And if the settlement is through a restorative approach, the rights of the victim need attention because the victim is an interested party who should have a (legal) position in the settlement process. However, in the criminal justice system in general, it is suspected that victims do not receive equal protection from the authorities in the criminal justice system, so that the true interests of victims are often neglected and even if they do exist, they are only fulfilling the criminal justice administration or management system.]]>
<![CDATA[CONSTITUTIONAL SUPREMACY IN LEGAL STATES IN INDONESIA ]]>
<![CDATA[Candra, I Gusti Ayu Agung Dwi]]>;
<![CDATA[Kartika, I G A Putri]]>;
<![CDATA[Bagiastra, I Nyoman]]>
<![CDATA[ POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 3 No. 2 (2024): APRIL ]]>
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DOI: 10.55047/polri.v3i2.1134
<![CDATA[The aim of this paper is to explore the significance of constitutional supremacy within the legal framework of Indonesia. The research methodology employed is normative legal research, utilizing both a statutory regulation approach and an analytical approach. Legal resources are accessed through library research techniques. The findings indicate that constitutional supremacy serves as the foundation for upholding constitutionalism, ensuring the sovereignty of the people. The future of constitutionalism hinges on the decisions made by the Constitutional Court, acting as the guardian of constitutional principles. Amendments to the 1945 Constitution, whether through formal or informal means, are crucial in solidifying Indonesia's status as a legal state. However, changes resulting from the ratification of international agreements may pose challenges by potentially undermining the constitution's authority. This could lead to conflicts between domestic laws and international obligations, creating a dilemma for the Government in balancing national interests with international commitments. Therefore, it is imperative to establish a robust judicial system to safeguard the supremacy of the constitution. Any constitutional interpretations must be shielded from political influences. A system of checks and balances among government institutions, along with a review of laws and regulations to ensure alignment with the 1945 Indonesian Constitution, is essential to uphold constitutional supremacy.]]>
<![CDATA[LEGAL PROTECTION FOR DECEASED RECIPIENTS OF NOTARIAL WILLS ]]>
<![CDATA[Sudjono, Ira]]>;
<![CDATA[Uwiyono, Aloysius]]>;
<![CDATA[Pandamdari, Endang]]>
<![CDATA[ POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 3 No. 2 (2024): APRIL ]]>
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DOI: 10.55047/polri.v3i2.1145
<![CDATA[The objective of this study is to examine the legal protection provided to the community in relation to the copies of wills created by deceased notaries. This research falls under the category of normative law and adopts both a statutory and case-based approach. The study utilizes primary and secondary data, drawing from various legal sources including primary, secondary, and tertiary legal materials. The findings reveal that the submission of the Notarial Protocol should be completed within 30 days, accompanied by an official report signed by both the submitter (heir) and the recipient (notary). It is not uncommon for the family and heirs of a deceased notary to lack understanding of the rules and procedures pertaining to the transfer of notary protocols. This knowledge gap can be attributed to the insufficient education provided to the notary's family, heirs, employees, as well as the wider community by the notary themselves, notary organizations, and the Ministry of Law and Human Rights. Additionally, there is a legal vacuum in the judicial system concerning potential issues that may arise during the submission process of notary protocols. Therefore, it is imperative to reformulate the regulations governing the submission of notary protocols, including the implementation of sanctions for negligent heirs and temporary notary officials who fail to submit the protocols of deceased notaries. Furthermore, the introduction of electronic-based storage systems for notary protocols should be considered to ensure legal certainty for the public.]]>
<![CDATA[LEGAL CONSEQUENCES OF PRENUPTIAL AGREEMENTS FROM THE PERSPECTIVE OF NATIONAL LAW ]]>
<![CDATA[Bagus Rajendra, A.A. Ngurah]]>;
<![CDATA[Dharma Laksana, I Gusti Ngurah]]>
<![CDATA[ POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 3 No. 2 (2024): APRIL ]]>
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DOI: 10.55047/polri.v3i2.1149
<![CDATA[This study aims to assess the importance of prenuptial agreements for Indonesian citizens marrying either fellow Indonesian citizens or foreign citizens, as well as to evaluate the legal framework provided by Law no. 1 of 1974 and Decision Number 69 / PUU-XIII / 2015 concerning marriages involving Indonesian citizens and foreign citizens. The research methodology utilized in this study is normative legal research, with data collection primarily based on a literature review. The results of this study highlight the significance of prenuptial agreements for Indonesian citizens, as they can act as a form of protection in the event of unexpected circumstances such as divorce. As per the legal regulations outlined in Law no. 1 of 1974 and Decision Number 69 / PUU-XIII / 2015, prenuptial agreements must be documented in writing and properly authenticated by the Marriage Registrar. It is crucial that the terms of the agreement adhere to legal, religious, and ethical standards.]]>
<![CDATA[NOTARY AUTHORITY IN LEGALIZING FOREIGN PUBLIC DOCUMENTS AFTER ACCESSION TO THE APOSTILLE CONVENTION IN INDONESIA ]]>
<![CDATA[Adilla Putri, Ni Putu Winda]]>;
<![CDATA[Purwanto, I Wayan Novy]]>
<![CDATA[ POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 3 No. 2 (2024): APRIL ]]>
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DOI: 10.55047/polri.v3i2.1151
<![CDATA[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.]]>
<![CDATA[THE URGENCY OF LEGAL PROTECTION FOR SOLVENT COMPANIES WITH GOOD INTENTIONS IN BANKRUPTCY LAW IN INDONESIA ]]>
<![CDATA[Suryadinata Putra, Ketut]]>;
<![CDATA[Marwanto, Marwanto]]>
<![CDATA[ POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 3 No. 2 (2024): APRIL ]]>
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DOI: 10.55047/polri.v3i2.1157
<![CDATA[Bankruptcy is a situation when the debtors are unable to fulfill their obligations to pay debts to creditors. The requirement for a bankruptcy decision is based on Article 2 paragraph (1), namely that the debtors have two or more creditors and have not paid in full at least one debt that has matured and can be collected. This causes no legal protection for debtor companies that are still solvent and have good intentions from creditors who have bad intentions in abusing bankruptcy law. The debtors with good intentions will certainly find it difficult to face a bankruptcy application if the conditions are only 2+1. Debtor companies that do not pay off their debts do not always have bad intentions but face the threat of bankruptcy which should not be aimed at them. The study aims to understand how Indonesian bankruptcy law can better protect financially stable companies with good intentions from being unfairly declared bankrupt. This research used normative legal research using primary and tertiary legal materials collected from literature and document studies and analyzed qualitatively. The results of this research showed that legal protection and justice can be given to solvent debtors who have good intentions if bankruptcy law in Indonesia provides regulations regarding insolvency tests as an instrument to prove factually whether the debtor's financial condition is still healthy (solvent) or unhealthy (insolvent) so that it is appropriate to sentenced to bankruptcy.]]>
