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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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CONSTITUTIONAL SUPREMACY IN LEGAL STATES IN INDONESIA Candra, I Gusti Ayu Agung Dwi; Kartika, I G A Putri; 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.v3i2.1134

Abstract

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.
LEGAL PROTECTION FOR DECEASED RECIPIENTS OF NOTARIAL WILLS Sudjono, Ira; Uwiyono, Aloysius; Pandamdari, Endang
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.v3i2.1145

Abstract

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.
LEGAL CONSEQUENCES OF PRENUPTIAL AGREEMENTS FROM THE PERSPECTIVE OF NATIONAL LAW Bagus Rajendra, A.A. Ngurah; Dharma Laksana, I Gusti Ngurah
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.v3i2.1149

Abstract

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.
NOTARY AUTHORITY IN LEGALIZING FOREIGN PUBLIC DOCUMENTS AFTER ACCESSION TO THE APOSTILLE CONVENTION IN INDONESIA Adilla Putri, Ni Putu Winda; Purwanto, I Wayan Novy
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.v3i2.1151

Abstract

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.
THE URGENCY OF LEGAL PROTECTION FOR SOLVENT COMPANIES WITH GOOD INTENTIONS IN BANKRUPTCY LAW IN INDONESIA Suryadinata Putra, Ketut; Marwanto, Marwanto
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.v3i2.1157

Abstract

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.
ORAL AGREEMENT: LEGAL FORCE AND VALIDITY UNDER THE CIVIL CODE Karina Subandi, Dewa Ayu Ari Dwi; Purwanto, I Wayan Novy
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.v3i2.1161

Abstract

The objective of this research is to examine legal validity of oral agreements based on the Civil Code and to recognize as well as understand the validity of oral agreements according to the Civil Code. The legal research method employed is normative research, with an approach to legislation and conceptual approach. Additionally, the legal materials are sourced from secondary legal materials and primary legal materials. The primary source is the Civil Code, while the secondary source includes books and scientific journals. The findings of this study indicate that, in accordance with the Civil Code, oral agreements possess legal validity. This legal validity is applicable to the parties involved in their creation. The legal validity involves a mutual obligation. The obligation is to willingly bind oneself and together in the oral agreement. The legal validity of oral agreements is closely linked to the validity of an agreement being deemed to have legal validity or meeting the requirements for its validity. An oral agreement is considered a valid agreement if it encompasses both of these elements.
THE URGENCY OF ATTACHING FINGERPRINTS TO THE DEED MINUTES IN RELATION TO THE AMENDMENT OF THE NOTARY OFFICE LAW Mas Saraswati, Desak Nyoman Citra; Yogantara S., Pande
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.v3i2.1234

Abstract

The main objective of this research is to determine and analyze the legal certainty of fingerprint attachment in the Notarial Deed Minute and the related urgency and implications in the event of a dispute in the minute without fingerprint attachment related to the UUJN-P. The method used in this research is a normative juridical method with a focus on legislative approach and conceptual approach, using a technique of analyzing legal materials through description, systematic, interpretation, and argumentation. The results of this research indicate that changes in the regulation regarding the obligation to attach fingerprints in the UUJN-P need to be supplemented with implementing regulations in order to create legal certainty and minimize multiple interpretations in its application procedure. The attachment of fingerprints in the minute does not affect the authenticity of the deed, as the authenticity of a deed is determined by the fulfillment of Article 1320 of the Civil Code, Article 1868 of the Civil Code, and Articles 38-53 of the UUJN-P. In terms of proof, both the minute with fingerprint attachment and the minute without fingerprint attachment have the same evidentiary strength, as they are still considered authentic deeds. The attachment of fingerprints in the minute can serve as evidence in court proceedings to support the cautious principle of notaries in case of signature forgery.
COMPARATIVE LEGAL ANALYSIS OF RENEWABLE ENERGY UTILIZATION REGULATIONS BETWEEN ICELAND AND INDONESIA Alghasi, Muhammad Ansy; Althafzufar, Muhammad Ansy
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.v3i2.1235

Abstract

Renewable energy has emerged as a pivotal aspect in addressing both energy security and climate change concerns. Iceland stands out as a notable exemplar in effectively harnessing renewable energy, with nearly 100% of its electricity demands met through renewable sources by 2023. In contrast, Indonesia is in the process of capitalizing on its abundant renewable energy potential, with renewables constituting only 12.5% of its electricity generation in the same year. This study undertakes a comparative analysis of the regulatory frameworks governing renewable energy utilization in Iceland and Indonesia, focusing on legal dimensions. Employing a comparative methodology with a normative juridical approach, data were gathered through literature review and examination of pertinent legal documentation. The findings underscore Iceland's robust and coherent regulatory structure supporting renewable energy utilization, characterized by clearly defined policies, incentivizing mechanisms, and efficient institutional frameworks. Conversely, Indonesia's regulatory landscape reveals a need for greater cohesion and harmonization, marked by fragmented policies, limited incentives, and suboptimal institutional arrangements. Noteworthy disparities between the two countries are attributed to factors such as political commitment, geographical considerations, and technological capacities. The research highlights the potential for Indonesia to draw valuable lessons from Iceland's experiences in formulating conducive regulations for renewable energy utilization. Key areas for improvement include bolstering policy frameworks, enhancing incentivization measures, and streamlining institutional mechanisms. By contributing insights into renewable energy regulations, this study offers guidance for policymakers in Indonesia towards optimizing the utilization of renewable energy resources.
POLITICAL AND LEGAL DEVELOPMENT OF SUSTAINABLE TOURISM VILLAGES: (Study on Flower Villages in Tawangrejeni Village, Turen, Malang Regency) Soraya, Joice; Refangga, Galih Setya
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 3 No. 3 (2024): JULY
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v3i3.1240

Abstract

This study examines the legal politics and initiatives aimed at establishing sustainable tourism villages in Kampung Kembang, Tawangrejeni Tourism Village, Turen District, and Malang Regency. The legal politics focus on developing legislation that promotes sustainable tourism, fosters sustainable management, and ensures social, economic, cultural, and environmental sustainability. The development strategies include improving attractions, accessibility, amenities, community empowerment and entrepreneurship, human resource capacity, stakeholder collaboration, digital technologies, waste management, and financial resources. The establishment of sustainable tourism villages is intended to help achieve the Sustainable Development Goals (SDGs) in economic, ecological, social, and cultural areas. Development activities must be holistic and integrated, engaging multiple sectors. With the appropriate legal politics and comprehensive development initiatives, Kampung Kembang is intended to become a model for a sustainable tourism village that benefits the community while protecting nature and culture.
CRIMINAL LEGAL PROTECTION FOR MEDICAL PERSONNEL IN THE RESOLUTION OF MEDICAL DISPUTES Sutanto, Yosef Stefan
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 3 No. 3 (2024): JULY
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v3i3.1243

Abstract

Medical disputes are a prevalent issue in medical practice, significantly affecting trust between medical personnel and patients. Moreover, the fear of legal repercussions often places medical professionals in ethical quandaries when making critical medical decisions. Therefore, ensuring adequate criminal law protections for medical personnel is essential to enable them to work with peace of mind and concentration. This research explores various forms of criminal law protection for medical personnel in managing medical disputes in Indonesia. Employing the judicial normative analysis method, it primarily examines Law No. 17 of 2023 on Health, supplemented by relevant literature and legal documents. Data collection involves analyzing legal texts and pertinent literature, using qualitative data analysis techniques. The study confirms that Law No. 17 of 2023 offers crucial legal safeguards for medical personnel, including the presumption of innocence, liability limitations, and equitable legal procedures. The Indonesian Medical Discipline Honor Council (MKDKI) plays a pivotal role in distinguishing between disciplinary and legal breaches, providing appropriate procedural frameworks. The establishment of the Indonesian Honor Council Mediation and Arbitration Institute (LMA-MKI) proves effective in resolving medical disputes through mediation and arbitration, promoting open communication, mutually beneficial solutions, and safeguarding confidentiality.

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