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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 216 Documents
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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.
CONSUMER PROTECTION FOR LOSSES ARISING FROM THE USE OF AUTO PILOT-BASED TECHNOLOGY IN INDONESIA Here Bessie, Jayvenson Christopher Dellano; Rudy, Dewa Gde
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.v3i1.964

Abstract

This study aims to examine the legal safeguards provided to consumers in Indonesia in relation to losses incurred from the use of autopilot-based technology. The research methodology employed in this study is normative legal research, utilizing a legislative approach and legal material analysis. The findings of this study reveal that autopilot technology or artificial intelligence (AI) can be considered as legal entities, as there is human involvement in regulating and operating the technology. However, consumer protection in the utilization of such technology encounters challenges within the Indonesian legal system. This is primarily due to the requirement of reversing the burden of proof for losses under Law Number 8 of 1999 on Consumer Protection. Consequently, this presents a significant hurdle in achieving consumer protection against the adverse effects of this technology, as there exists an imbalance of knowledge and bargaining power between the producer (AI) and the consumer in substantiating the losses incurred from its use.
IMPLEMENTATION OF VISIONARY LEADERSHIP IN FORMING THE EXCELLENT POSITION OF THE INDONESIAN NATIONAL POLICE (POLRI) IN THE METROPOLITAN POLICE REGION Heaveny N., Muh. Mahdi; Nita, Surya; Gani, Yopik
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.v3i1.965

Abstract

The visionary leadership style focuses on school principals' ability to create a forward-thinking vision for the school, driving change and setting the organization's direction. This scientific article proposes implementing visionary leadership to shape the Indonesian National Police (Polri) excellence in the Jakarta Metropolitan Police. The study uses a qualitative approach with analytical descriptive to provide a detailed overview. Primary and secondary data, collected through observation, interviews, and document studies, are used. The author validates the data using triangulation techniques. The research findings reveal that visionary leadership is performance-oriented, with a focus on designing a future vision. It encompasses three characteristics: (1) "Leading by example in front"; (2) "Creating opportunities for initiative in the middle"; and (3) "Providing support from behind." The current leadership style in the Jakarta Metropolitan Police has several weaknesses, including a military influence, an unclear vision, a lack of organizational orientation, weak managerial skills, a gap between top and low-level managers, a lavish lifestyle, and disregard for the environment. One indicator is the high number of violations by officers in 2022, including 26 disciplinary violations and 215 ethical code violations. Strategies for implementing visionary leadership in the Jakarta Metropolitan Police include defining the organizational vision, translating it into a mission, creating strategies, conducting evaluations, developing work plans, demonstrating commitment and integrity, upholding leadership ethics, and making prompt and accurate decisions.
CHARACTERISTICS OF INDIRECT EVIDENCE TOWARDS PRICE FIXING AGREEMENTS IN THE PERSPECTIVE OF COMPETITION LAW Dewi, Elreddian Kusuma; Chumaida, Zahry Vandawati; Wulandari, Sinar Aju
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.v3i1.975

Abstract

In the ever-changing landscape of Indonesian business, the pursuit of profits drives actors to engage in intense competition, all regulated by the Business Competition Law. This unique legal field combines both conventional law and economics to address unfair business practices, such as agreements that manipulate prices to deceive consumers. This research focuses on the characteristics of indirect evidence utilized by the Business Competition Supervisory Commission (KPPU) when investigating cases of price-fixing. The goal is to gain a deeper understanding of the legal implications of using indirect evidence within the procedural framework of Business Competition Law in Indonesia. To achieve this, a Normative Research method is employed, utilizing a multi-faceted approach. Through case analysis, statutory examination, conceptual exploration, and comparative study, the research explores patterns, legal frameworks, theoretical concepts, and perspectives from different jurisdictions, all related to the use of indirect evidence in the context of price fixing. The results revealed that Indirect evidence, classified as clue evidence under Perkom No. 1 Of 2019, encompasses communication and economic evidence. When direct evidence is lacking, these components, including documents or electronic information, play a crucial role in proving allegations of price-fixing. The legal implications of indirect evidence in the Indonesian competition law evidentiary system highlight its widespread use in resolving cases. However, there is a legal gap that poses challenges to the admissibility of indirect evidence in court proceedings. This emphasizes the need for legal reforms to effectively accommodate the role of indirect evidence.
THE READINESS OF THE SEMARANG CITY POLICE IN FACING SECURITY CHALLENGES ARISING FROM SOCIAL DYNAMICS AHEAD OF THE 2024 ELECTIONS Mahadika, Ivan Pradipta; Chrysnanda, Chrysnanda; Aminanto, Muhamad Erza
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.v3i1.1000

Abstract

Indonesia's diverse culture and society, with its many islands, ethnic groups, and languages, present unique challenges for elections. Exploiting social differences in political competition can create tensions and conflicts. Sensitive issues like ethnicity, religion, race, and social groups, along with the spread of false information through social media, increase the risks. Past conflicts in Central Java and Semarang after elections highlight the danger of misunderstandings between groups. The Semarang Police must prepare for the 2024 elections by training personnel, collaborating with relevant organizations, using technology, raising community awareness, managing false information, and planning secure campaign events. The readiness of the Semarang Police is crucial in maintaining stability and preventing conflicts during the upcoming elections. This study aims to elucidate how the Semarang Police Station is prepared to face security challenges arising from social dynamics leading up to the 2024 elections. This research employs a qualitative method, drawing on national security theory, community policing theory, and the concept of readiness as theoretical frameworks. The 2024 elections in Indonesia raise concerns about security due to social dynamics. The Semarang Police Station plays a vital role in preparing for these challenges. This involves monitoring social dynamics, training personnel, collaborating with stakeholders, and enhancing conflict and security management. Despite the challenges of managing a diverse society, Indonesia's values of tolerance, inter-religious harmony, and gotong royong are sources of national strength.
CONTRADICTIONS IN THE LEGAL STATUS OF STATE-OWNED ENTERPRISE (BUMN) SUBSIDIARIES IN THE PARENT HOLDING COMPANY Pagrelia, Yuda Tri; Gunadi, Ariawan
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.v3i1.1001

Abstract

The creation of a cluster-based holding company in a State-Owned Enterprise (BUMN) related to core business fields requires careful attention and precise implementation. One must be cautious because issues regarding legal procedures and the legal status of BUMN can still arise. This writing discusses the legal relationship between BUMN Persero and its subsidiaries based on the theory and doctrine of limited liability companies, as well as the contradictory legal status of BUMN subsidiaries within the parent holding company. The research method used in this writing is normative legal research. The findings demonstrate that the piercing the corporate veil doctrine can be employed in terms of evidence, where control of subsidiaries must be exercised by the holding company. Legal responsibility is applicable not only to companies, but also to shareholders as specified in Article 3 paragraph (2) of Law Number 40 of 2007 on Limited Liability Companies (UUPT). Once BUMNs become subsidiaries in a holding company, their status as BUMNs, whether BUMN Perum or Persero, changes since their shares are now sourced from the holding company instead of the state. Therefore, BUMNs that become subsidiaries no longer possess legal standing or status as BUMNs, and the state assumes authority over aspects of control concerning BUMNs that have become subsidiaries of the holding company. This authority is indirectly held by the state via the parent/holding company, which represents the government in terms of share ownership, with the majority of shares originating from subsidiaries.
THE LAW ENFORCEMENT BY THE INDONESIAN NATIONAL POLICE (POLRI) TO ADDRESS THE TRIGGERS OF SOCIAL CONFLICT DURING THE 2019 ELECTIONS IN BANDAR LAMPUNG Tana, Jimmy; Nita, Surya
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.v3i1.1002

Abstract

To address the social conflict triggers during the 2019 elections in Bandar Lampung, it is necessary to implement effective law enforcement. Simply relying on repressive penal measures is insufficient to deter potential perpetrators of election crimes, hoaxes, and hate speech. Likewise, preventive non-punitive approaches are unable to effectively curb the growth of social conflict triggers. Political actors take advantage of Bandar Lampung's history of social conflict, utilizing emotional manipulation as a primary tool in fueling conflicts. Therefore, the Bandar Lampung Police, through their law enforcement authority, must take action to prevent the escalation of these conflict triggers. This paper utilizes a descriptive qualitative approach to conduct research. It focuses on studying the optimization of law enforcement by the Police to minimize social conflicts during the 2019 Election. The research gathers primary data directly from respondents and secondary data from literature studies. The discovery reveals that enforcing the law to minimize social conflicts during the 2019 elections in Bandar Lampung is a challenging task for the police. Both repressive and preventive measures face difficulties. The enforcement of penal law lacks the necessary competence and resources, resulting in limited effectiveness in reducing social conflicts through criminal sanctions. On the preventive side, cooperation between institutions is lacking, polmas policies are not implemented properly, candidate socialization is not optimal, and the SPIS function is not maximized. As a result, hoaxes, hatespeech, and money politics easily spread, causing emotional distress among affected community groups.
SOCIALIZATION OF REGIONAL REGULATION NO. 11 OF 2017 REGARDING EMBANKMENTS IN THE SARI BARUNA FISHERMEN'S GROUP OF BANJAR KHUBUR, KETEWEL VILLAGE, GIANYAR Purwanto, I Wayan Novy; Kartika, I Gusti Ayu Putri; Bagiastra, I Nyoman; Danyati, Ayu Putu Laksmi; Yustiawan, Dewa Gede Pradnyana
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.v3i1.1011

Abstract

The purpose of this socialization is to educate and inform the Sari Baruna Fishermen Group of Banjar Khubur Ketewel Village, Gianyar about Regional Regulation Number 11 of 2017 regarding Bendega. It is crucial for the fishermen to understand this regulation as it addresses the problems they face. The Regional Government is committed to preserving and protecting Bendega, which is an integral part of Balinese culture. By safeguarding the ethical, moral, and civilizational values of Balinese customs, the government ensures the continuity of these traditions. Bendega holds significant economic, social, cultural, and religious importance in the indigenous communities of Bali's coastal areas. To protect and preserve Bendega, various strategies are implemented, including the continuous application of Tri Hita Karana principles, enhancing the skills and knowledge of Bendega personnel, and empowering Bendega through economic activities rooted in local wisdom. Additionally, the strengthening of Bendega institutions and financial support are provided. It is essential to socialize these efforts to the fishermen groups so that they can fully comprehend the protection offered by the Regional Government. This understanding will enable the fishermen to exercise their rights and responsibilities as coastal fishermen.

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