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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 205 Documents
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CAUSALITY TEACHINGS IN PLANNED MURDER CRIMES: (Case Study of Murder with Cyanide Poison) Tamba, Andi Wiranata; Purnomo, Hadi
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.v3i1.1012

Abstract

The phenomenon of premeditated murder represents a grave criminal offense involving the intentional taking of another person's life through meticulous planning. At the core of any event lies a causal relationship, a fundamental concept known as causality. Causality, in the context of criminal investigations, refers to the cause-and-effect relationship applied to discern the primary factors leading to specific consequences. This research seeks to address the intricate nature of causality within the crime of premeditated murder, particularly examining the series of events identified by law enforcement officials as indicative of a causal relationship. The central challenge in this research pertains to unraveling the specific series employed by law enforcement as a foundation for establishing causality in cases of premeditated murder. Furthermore, the study delves into the question of how responsibility for the criminal act committed by Jessica Kumala Wongso against Victim Wayan Mirna Salihin is attributed based on the principles of causality. Investigating these aspects will contribute to a more comprehensive understanding of the legal mechanisms used to identify and assign accountability in cases of premeditated murder.
LEGAL OVERVIEW OF COMPENSATION FOR LAND IN THE DEVELOPMENT OF PT. PLN'S SUTET TOWER NETWORK IN THE TAKTAKAN DISTRICT OF SERANG CITY, BANTEN PROVINCE Ansori, Ahmad Jakaria
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.v3i1.1026

Abstract

The implementation of land compensation to the community for the construction of the Extra High Voltage Transmission Network (SUTET) by PLN falls under the Ministry of Energy and Mineral Resources (ESDM). The Ministry of Energy and Mineral Resources released Ministerial Regulation (Permen) ESDM number 13 of 2021 regarding Free Space and Minimum Clearance Distance for Electric Power Transmission Network and Compensation for Land, Buildings, and/or Plants Located in the Free Space of Electric Power Transmission Network. This regulation was enacted by Minister of ESDM Arifin Tasrif on June 17, 2021, and took effect upon its promulgation on June 17, 2021. With this regulation, the rights of the community whose land is traversed by the transmission will receive compensation. However, the regulation does not comprehensively address the impact of the development and compensation for the transmission lines of 500 kV or 150 kV, leading to injustice and legal uncertainty. PLN's responsibility for the land value of the community affected by the construction of the SUTET transmission network is limited. In providing compensation to the community whose land is traversed by the Extra High Voltage Transmission Line (SUTET), PT PLN follows existing regulations. PLN refers to Ministerial Regulation No. 01.P/47/MPE/1992 on SUTET Free Space and SUTET for Electricity Distribution Article 5 paragraph (3) concerning land for establishing support structures, including buildings and plants on that land, which must be cleared and compensated.
DESIGNING DIRECT REGIONAL HEAD ELECTIONS BY THE GENERAL ELECTION COMMISSION AMIDST THE COVID-19 PANDEMIC Pirmansyah, Redi; Junaidi, Junaidi; Merta, M. Martindo
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.v3i1.1036

Abstract

This study aims to understand the challenges faced in the implementation of direct regional elections by the General Election Commission amid the COVID-19 pandemic in Indonesia in 2020. The research method used is empirical juridical with a field research approach. Data were obtained through interviews with election coordinators and document analysis related to the implementation of elections. The results showed that the implementation of local elections in Indonesia in 2020 faced challenges due to disruptions caused by the COVID-19 pandemic, such as ensuring compliance with health protocols, poor internet quality, violations related to the procurement of Personal Protective Equipment (PPE), public concerns about the spread of COVID-19, disruption of the election process due to delays in resources and infrastructure, and candidate partners (paslon) who often ignore health protocols during their campaigns. Overcoming these challenges requires effective coordination and communication among election coordinators, strict implementation of health protocols, adjustments to schedules, stages, programs, and budgets, and increased community participation. The government also needs to pay attention to the availability of sufficient funds to ensure the smooth implementation of the election.
THE LEGAL PROTECTION FOR VICTIMS OF CRIMINAL ACTS IN BINOMO TRADING FRAUD: (Case Study on Decision Number: 1240/PID.SUS/2022/PN.TNG) Butar, Bayu Butar; Sudiro, Ahmad
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.v3i1.1047

Abstract

The objective of this study is to analyze the recovery of assets and the protection of victims in cases of Binomo trading fraud under Indonesian criminal law. The research methodology employed is normative legal research, utilizing a literature-based approach. The findings of this study reveal that the decision made by the Panel of Judges in case number 1240: Pid.Sus/2022/PN.Tng was deemed unjust for the victims, leading to an appeal hearing resulting in decision number 117/Pid.Sus/2022/PT.BTN. According to this court decision, the confiscated evidence in the Indra Kenz case was to be returned to the victims through the United Indonesian Traders Association. However, the process of returning the evidence encountered complications due to internal conflicts among the victim association members. As a result, there is currently no clarity regarding the completion of the restitution of the victims' losses. The government, through the LPSK, regulates the restitution of victims' losses as stipulated in Perma Number 1 of 2022. Nevertheless, the LPSK is not involved in the process of returning the victims' losses, which is instead handled by the United Indonesian Traders Association.
JURIDICAL REVIEW OF THE CLAUSE OF WITHHOLDING THE ORIGINAL DIPLOMA OF WORKERS BY THE COMPANY IN THE EMPLOYMENT AGREEMENT Mahardika, Kadek Debi Triwangsa; Yustiawan, Dewa Gede Pradnya
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.v3i1.1060

Abstract

The purpose of this research is to understand the aspects of legal certainty related to the Retention/Submission of Original Diplomas Clause in the employment contract applied by the Company and this research also aims to find out the legal protection efforts given to workers who agree to the retention of diploma clause in their employment contract, especially in the context where the Company is considered negligent in maintaining the original diploma belonging to its workers. The research method is normative legal research with an approach to legislation. The results of this study show that in the implementation of employment contracts that include diploma retention/submission clauses, there are no explicit statutory provisions that allow or prohibit the practice. However, regarding the legal requirements of agreements in employment contracts, this is regulated by the Civil Code. Therefore, the legal vacuum regarding whether or not the withholding of diplomas can cause this practice to occur as a result of customs in the world of work, and when related to RI Law No. 39 of 1999 concerning Human Rights is contrary to the principles of human rights because it hampers workers' rights to get better jobs and improve their quality of life. In addition, in the legal protection efforts for workers who agree to the clause of withholding/submission of diplomas in their employment contracts, there are preventive and responsive legal protections. This shows that there are measures to prevent and respond to potential violations of workers' rights in the context of such clauses.
SUBPOENA AS A FORM OF DEVELOPER'S LEGAL EFFORT TO CONSUMERS IN CANCELING PROPERTY RESERVATIONS Pratama, Putu Gede Wahyu Santika; Purwanto, I Wayan Novy
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 3 No. 2 (2024): APRIL
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v3i2.1067

Abstract

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.
ANALYSIS OF LEGAL PROTECTION FOR ONLINE SHOPPING CONSUMERS Arimbawa, I Putu Agus Putra; Priyanto, I Made Dedy
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 3 No. 2 (2024): APRIL
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v3i2.1068

Abstract

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
CURATOR'S LEGAL EFFORTS AGAINST BANKRUPTCY ESTATE (BOEDEL) ASSETS SEIZED IN CRIMINAL CONFISCATION OF CORRUPTION CASES Dita Helena, Ida Ayu Putri; Putri Kartika, I Gusti Ayu Putri
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 3 No. 2 (2024): APRIL
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v3i2.1096

Abstract

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.
REGULATION OF PEACEFUL PASSAGE RIGHTS IN THE TERRITORIAL SEA BASED ON THE UNITED NATIONS CONVENTION ON THE LAW OF THE SEA (UNCLOS) Dananjaya, A.A. Gde Agung; Sumerta Yasa, Putu Gede Arya
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 3 No. 2 (2024): APRIL
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v3i2.1114

Abstract

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.
SETTLEMENT OF SEXUAL VIOLENCE AGAINST CHILDREN BASED ON BALINESE CUSTOMARY LAW Sukmayoga Wiweka, Gede Rhama; Ari Atu Dewi, Anak Agung Istri; Arya Sumertayasa, Putu Gede; Bagiastra, I Nyoman
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 3 No. 2 (2024): APRIL
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v3i2.1120

Abstract

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.

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