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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 13 Documents
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Search results for , issue "Vol. 4 No. 2 (2025): APRIL" : 13 Documents clear
Possibility of Implementing Digitization of Notarial Authentic Deeds as Electronic Evidence Alyandi, Putu Sinthya; Purwanto, Wayan Novy
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 4 No. 2 (2025): APRIL
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v4i2.1596

Abstract

The aim of this article is to examine the usage of cyber notary, which has not been effective because of the vague standards surrounding the concept of cyber notary, including its definition and rules. Additionally, the article aims to assess the feasibility of incorporating cyber notary into traditional notary practices. The method used in this research is normative legal research. The results of this article are: First, there is a need for legal harmonization or re-actualization of rules between UUJN/UUJN-P and the ITE Law so that they can serve as a legal framework regulating the digitalization of authentic deeds, and notarial deeds can be categorized as valid electronic documents under the ITE Law. Second, the implementation of digitizing authentic notarial deeds is based on fulfilling legal needs in the notary sector, which extends beyond the formulation of rules regarding cyber notary to include the digitization of authentic deeds and notaries' obligations in executing cyber notary duties.
The Urgency of Regulating Witness Rights Accompanied by Legal Counsel in Pre-Adjudication Examination as a Form of Human Rights Fulfillment Dwipayana Putra, Kadek Angga; Purwani, Sagung Putri M.E.
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 4 No. 2 (2025): APRIL
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v4i2.1612

Abstract

The existing issue in the legal system is the lack of assurance and fairness in ensuring a witness's right to have legal representation during the pre-trial phase. The goal of this research is to evaluate the urgency of regulating the rights of witnesses accompanied by legal advisors during pre-trial examinations as a form of fulfilling human rights, as well as efforts to fulfill the rights of witnesses accompanied by legal advisors at the pre-adjudication stage as a form of fulfilling human rights. The benefits of writing provide a basic understanding regarding the urgency of regulating the rights of witnesses accompanied by legal advisors at the pre-trial stage as a form of fulfilling human rights. The emptiness of norms underlies this research with a type of normative legal research as well as a statutory and conceptual approach. The research results show that the urgency of regulating the rights of witnesses accompanied by legal advisors at the pre-trial stage is based on the principle of equality before the law which is fundamentally regulated in the constitution. In connection with efforts to fulfill the rights of witnesses accompanied by legal advisors at the pre-trial stage, extensive legal interpretation can be carried out by expanding the meaning of the definition of witness, so that the rights of witnesses described in the law can become a reference, in addition there is a role for law enforcers to assist in fulfilling the rights of witnesses.
Juridical Review of Legal Protection for Victims of Mobile Malware Attacks Through Digital Invitations Budianto, Arif; Nita, Surya
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 4 No. 2 (2025): APRIL
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v4i2.1633

Abstract

This research aims to analyze the characteristics of mobile malware attacks through digital invitations, evaluate legal regulations that protect victims in the Banten Police area, and identify obstacles and formulate solutions to improve the effectiveness of legal protection against cybercrime. With increasing cases of cybercrime in the region, this research combines a multidisciplinary approach through field research and normative legal research. Data were obtained from three main sources, namely interviews with victims, law enforcement officials, and legal experts (primary sources); official documents such as laws and regulations (secondary sources); and additional related literature (tertiary sources). Data collection techniques were conducted through observation, in-depth interviews, and documentation, which were then analyzed qualitatively through the stages of data reduction, data presentation, and conclusion drawing. The results showed that mobile malware attacks through digital invitations, which utilize phishing, smishing, and vishing techniques, have become a serious threat with a significant impact on financial security and user data privacy. Existing regulations, such as the Electronic Information and Transaction Law and the Personal Data Protection Law, still have limitations in providing effective protection, especially in the Banten Police area. The main obstacles identified include an imbalance in regulatory focus that focuses more on punishing perpetrators, a lack of technological infrastructure, and low public awareness of cyber threats. Therefore, this study recommends the need for regulatory revisions with an emphasis on victim protection, capacity building of law enforcement officers, public education on digital security, and international cooperation to deal with increasingly complex cybercrime.
Criminal Liability for Victims of Robbery Who Engage in Emergency Self-Defense Purnamasari, Dewa Ayu Dwi; Yudistira Darmadi, A. A. Ngurah Oka
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 4 No. 2 (2025): APRIL
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v4i2.1695

Abstract

The purpose of this writing is to examine criminal acts that can be classified under forced defense and to analyze the form of criminal liability for victims of robbery who defend themselves in emergency situations. This research applies a normative legal approach, utilizing the study and analysis of literature sources in accordance with primary, secondary, and tertiary legal materials, and employing conceptual and legal approach methods. The results of this writing explain that criminal acts can be excluded from punishment if they meet the elements of forced defense as stipulated in Article 49 of the Criminal Code. The victim of the crime of robbery (begal) who defends themselves in an emergency cannot be convicted if the action is carried out proportionally, as a reaction to a real threat to self, honor, or property. The recognition of forced defense as a reason for criminal expungement provides legal protection for victims of crime who are forced to defend themselves. This encourages law enforcement officials to consider aspects of justice, proportionality, and the context of the event in the criminal justice process.
Granting Exclusive Right to Provide the Base Transceiver Station Tower in a Regency Reviewed from The Competition Law Paramitha, Tessana Pridia; Wulandari, Sinar Aju
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 4 No. 2 (2025): APRIL
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v4i2.1672

Abstract

The Badung Regency Government in 2007 made an agreement with a company which gave exclusive rights to that company as the only business actor permitted to build and manage Base Transceiver Station (BTS) towers in Badung Regency. This agreement prohibited the Badung Government from granting tower permits to other companies. The action taken by the Badung Government created barriers for other companies attempting to enter the BTS tower industry in Badung Regency. Therefore, the purpose of this research is to analyze barriers to entry in the BTS tower leasing market in Badung Regency. This research will analyze monopolistic practices in BTS tower leasing in Badung Regency based on the provisions regulated in Law Number 5 of 1999 concerning Prohibition of Monopoly Practices and Unfair Business Competition. This research uses normative legal research methods with statute approach, conceptual approach, and case approach. The results of this study indicate that the existence of exclusive rights to provide BTS towers in Badung Regency raised barriers to entry into the BTS tower leasing business. These entry barriers caused the company that was given exclusive rights to have a monopoly position in the leasing of BTS towers in Badung Regency. This condition has negative impacts on other business actors, consumers, and the Badung community.
The Role of the Police in Investigating Alternative Evidence in Sexual Violence Cases Without Gynecological Visum Et Repertum in the Jurisdiction of Polda Metro Jaya Dewa, Dinanti Putri; Nita, Surya; Arfina, Zora
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 4 No. 2 (2025): APRIL
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v4i2.1673

Abstract

The role of law enforcement in uncovering alternative evidence in sexual violence cases without gynecological visum et repertum is crucial to ensuring that cases can still be legally processed. By utilizing psychiatric visum, electronic evidence, forensic psychologist statements, and CCTV recordings, the police can build a strong case construction. Additionally, enhancing investigators' skills in trauma-informed interviewing and digital forensic investigation is essential for improving the effectiveness of investigations. However, law enforcement faces several challenges in collecting and utilizing non-physical evidence, including regulatory limitations, technical difficulties in digital forensics, socio-cultural factors that discourage victims from reporting, and a lack of interagency coordination. Therefore, strengthening investigator capacity, improving regulations, and fostering better collaboration with forensic psychologists and digital service providers are necessary to ensure non-physical evidence is widely accepted in the judicial system. To enhance the effectiveness of alternative evidence collection, the police must establish strong coordination with key stakeholders, such as the Witness and Victim Protection Agency (LPSK), forensic psychologists, the Integrated Service Center for Women and Children Empowerment (P2TP2A), and digital forensic institutions. Developing Standard Operating Procedures (SOPs), forming a Special Task Force for Sexual Violence Cases, and utilizing digital technology are key strategies for improving the accuracy and security of evidence. Moreover, public outreach is necessary to raise awareness of the importance of non-physical evidence in proving sexual violence cases. Through these strategies, law enforcement can ensure that cases are handled professionally, ultimately achieving justice for victims.
Criminal Law Enforcement Against Perpetrators of Environmental Pollution in The Criminal Justice System in Indonesia Zaenudin, Aa Muhamad; Kristiawanto, Kristiawanto; Maryano, Maryano
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 4 No. 2 (2025): APRIL
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v4i2.1675

Abstract

This study aims to analyze the effectiveness of criminal law in addressing environmental pollution in Indonesia and to explore the concept of an ideal environmental criminal law enforcement framework for the future. This study applies a normative legal research method to obtain relevant data concerning the issues under investigation. The data used in this research come from secondary data sources and tertiary legal materials. Additionally, primary data are utilized to support the legal materials obtained from secondary sources. The data analysis is conducted using a qualitative juridical analysis method. This research employs John Rawls’ theory of justice and the theory of law enforcement. The findings of this study indicate that, despite efforts to enforce criminal law against environmental polluters, the sanctions imposed often fail to create the expected deterrent effect. Law enforcement still encounters challenges, such as conflicts between economic interests and environmental protection, weak legal culture, as well as limitations in infrastructure and evidence gathering. To enhance its effectiveness, a more comprehensive approach is required, integrating restorative and preventive approaches along with the application of the principle of distributive justice. The restorative approach focuses on victim and environmental recovery through alternative dispute resolution mechanisms, while the preventive approach, through administrative supervision, aims to prevent violations from occurring. Additionally, strengthening legal awareness through public education and enhancing collaboration among law enforcement agencies, such as the Ministry of Environment, the police, and the prosecutor's office, are essential steps in establishing a more effective and just environmental criminal law enforcement system.
Establishing the Legal Basis for Crypto Asset Confiscation: A Critical Study on the Challenges of Cybercrime Law Enforcement in Indonesia Pratama, Muhamad Rizqi Yudha; Muriman, Chairul; Nita, Surya
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 4 No. 2 (2025): APRIL
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v4i2.1679

Abstract

Cryptocurrency offers high potential profits but also poses significant challenges for law enforcement, especially in the context of cybercrime. Cybercrime encompasses various illegal activities conducted through computer networks and the internet, such as online fraud, data theft, and money laundering. The purpose of this research is to analyze the current legal provisions in Indonesia governing the seizure of cryptocurrency in cybercrime cases and to examine legal solutions that can be implemented to address the regulatory gaps related to the seizure of cryptocurrency in cybercrime cases in Indonesia. This research employs a qualitative research method, using law enforcement theory as the analytical framework. The results indicate that the seizure of cryptocurrency in cybercrime cases in Indonesia is still relatively new and faces various challenges, including regulatory ambiguity and a lack of understanding among law enforcement regarding blockchain technology. Although cryptocurrencies are recognized as tradable digital commodities, existing legal provisions, such as those in the Indonesian Criminal Procedure Code (KUHAP) and the Attorney General's Regulation No. 7 of 2023, remain limited and require coordination with the Commodity Futures Trading Supervisory Agency (Bappebti) and physical traders. The absence of specific regulations regarding the procedure for seizing cryptocurrency calls for a comprehensive legal approach, including the formulation of clear regulations, strengthening the existing legal framework, and enhancing law enforcement capacity. With these measures, it is hoped that law enforcement against cybercrime can be conducted more effectively, providing legal certainty and protecting the public from the risks of cybercrime.
The Role of Police in Preventing the Regeneration of Armed Criminal Groups: A Study in Ilaga District Siagian, Oktovian Prawira Hidayat; Nita, Surya; Sukabdi, Zora A.
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 4 No. 2 (2025): APRIL
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v4i2.1692

Abstract

This study aims to analyze the extent of the role of education in deciding the regeneration of KKB criminal groups. The collaboration between the Puncak Regency Police and the Ilaga Regency Government in the implementation of education programs as an effort to prevent the regeneration of Armed Criminal Groups (KKB) shows positive potential in shaping the character and social awareness of the younger generation. This program that integrates the values of nationalism and ethics indirectly reduces the interest in recruitment by the KKB. This study uses a qualitative method with interview data collection techniques, observation and documentation. The results show that cross-sector synergy increases the effectiveness of planning, coordination, and implementation of educational programs, although it still faces challenges such as limited resources, infrastructure, and organizational cultural differences. Therefore, increasing human resource capacity, improving infrastructure, and making more adaptive policy adjustments are needed to optimize community support and program effectiveness. The findings of this study make an important contribution to the development of strategies to prevent KKB regeneration through continuous education.
Indonesian Migrant Workers in Malaysia and Their Social Environment: Analysis from a Socio-Legal Perspective Parashtheo, Bintang; Sakti, Sri Wahyu Krida; Suntoro, Agus; Wulan, Tyas Retno
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 4 No. 2 (2025): APRIL
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v4i2.1700

Abstract

Malaysia is considered one of the primary destinations for migrants in Southeast Asia, particularly those from Indonesia. There are approximately 2.7 million Indonesian migrant workers in Malaysia, with 1.6 million having followed official placement procedures. The presence of a large number of Indonesian migrant workers in Malaysia has led to legal complications concerning their employment relationships with employers, including issues related to work contracts, safety regulations, social security, and termination of employment. Additionally, there are socio-legal concerns regarding the social integration of migrant workers into their new environment, which may contribute to criminal activities such as extremism, drug trafficking, human trafficking, undocumented labor, theft, and domestic violence. The legal problems faced by migrant workers are influenced by two main factors: their level of legal understanding, both in terms of Indonesian law and Malaysian law, and their lack of familiarity with the cultural norms of the host country, leading to social tensions. Therefore, the main question addressed in this study is how the social environment influences migrant workers' attitudes and behaviors, particularly whether it contributes to criminal acts and legal repercussions. This socio-legal study of the social relationship of Indonesian Migrant Workers with their environment is empirical using a survey method involving Indonesian Migrant Workers and document review. All data and legal materials are processed and analyzed using statistical instruments of central-tendency analysis for quantitative data, and interactive models of qualitative data analysis for qualitative data, while the analysis of the substance uses analytical theory of legal-protection and legal-justice.

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