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.
Articles
205 Documents
<![CDATA[LEGAL CONSEQUENCES OF VIOLATION OF NON DISCLOSURE AGREEMENT OBLIGATIONS AS IMPLEMENTATION OF LEGAL PROTECTION AGAINST TRADE SECRETS ]]>
<![CDATA[Sudana, I Nyoman]]>;
<![CDATA[Bagiastra, I Nyoman]]>
<![CDATA[ POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 3 No. 3 (2024): JULY ]]>
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DOI: 10.55047/polri.v3i3.1245
<![CDATA[This high percentage of potential leakage of trade secret information that has economic value from a company can occur either from parties within the company or from parties outside the company if there is no commitment to safeguard the information. The purpose of this writing is to analyze the regulations regarding non-disclosure agreements in trade secrets law and to examine the legal consequences of violations of these agreements. The benefit of this writing is to provide a juridical understanding of the regulation of non-disclosure agreements in efforts to protect trade secrets, as well as to offer scientific contributions in the dimension of legal science related to the regulation of non-disclosure agreements. This study is based on the vagueness of norms, utilizing a type of normative legal research through a legislative approach and analyzed using descriptive and argumentative techniques. The research results show that non-disclosure agreements are not specifically regulated but are generally addressed in trade secrets law. In terms of legal consequences arising from non-fulfillment of the agreement, there are criminal sanctions, including a maximum prison sentence of 2 years and/or a fine of Rp. 300,000,000, as well as civil sanctions in the form of compensation imposed on parties who harm the company. It would be better if non-disclosure agreements were explicitly regulated by law to strengthen their legal force and provide legal certainty for the parties involved in the agreement.]]>
<![CDATA[LEGAL CERTAINTY OF ECONOMIC RIGHTS FOR UNREGISTERED CREATORS IN COLLECTIVE MANAGEMENT ORGANIZATIONS ]]>
<![CDATA[Adri Putra, Anak Agung Bagus Jaya]]>;
<![CDATA[Dananjaya, Nyoman Satyayudha]]>
<![CDATA[ POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 3 No. 3 (2024): JULY ]]>
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DOI: 10.55047/polri.v3i3.1246
<![CDATA[This writing aims to analyze, identify, and elaborate on the legal protection of the economic rights of copyrighted works in Indonesia, based on the UUHC (Undang-Undang Hak Cipta or Copyright Law), and the legal certainty of economic rights for creators who are not registered with the Collective Management Institute after the enactment of PP (Peraturan Pemerintah or Government Regulation) Number 56 of 2021 concerning the Management of Copyright and/or Music Royalties. This study employs normative research with a statutory approach and analysis of legal concepts. The results indicate that the protection of creators' economic rights under the UUHC is regulated by Article 9, paragraph 3, which states that "any person without the permission of the creator or copyright holder is prohibited from copying and/or commercial use of the work." Copyright infringement will result in the perpetrator being classified as committing a criminal act in accordance with Article 113, paragraphs (1), (2), (3), and (4) of the UUHC. Additionally, repressive protection can be pursued through litigation and non-litigation means. To address the decarbonization related to exclusive rights between the UUHC and PP No. 56 of 2021, the resolution involves vertical harmonization, which requires the alignment of one law with the provisions of other laws and regulations that occupy different hierarchical positions.]]>
<![CDATA[PERFORMANCE ANALYSIS OF INVESTIGATORS IN UNCOVERING CYBER FRAUD: (Case Study at the West Jakarta Metro Police) ]]>
<![CDATA[Siagian, Joshua Oktavianus]]>;
<![CDATA[Nita, Surya]]>;
<![CDATA[Sitorus, Aldika Martua]]>;
<![CDATA[Handayani, Riska Sri]]>
<![CDATA[ POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 3 No. 3 (2024): JULY ]]>
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DOI: 10.55047/polri.v3i3.1262
<![CDATA[The aim of this study is to evaluate the performance of investigators in handling cybercrime cases in the jurisdiction of West Jakarta Metro Police. The research method used is literature review and secondary data analysis from various reliable sources regarding the development of information technology and cybercrime in Indonesia. The research results show that Investigators in the Cybercrime Subunit of West Jakarta Metro Police have shown significant efforts in handling cybercrime cases, especially cyber fraud. They have utilized various investigation methods and techniques in accordance with the applicable laws in Indonesia, including the ITE Law and other related regulations. However, investigators face several challenges, including limited facilities and infrastructure such as inadequate computers and other devices. Budget constraints are also a major obstacle, especially in funding investigative operations outside Jakarta. In addition, poorly organized SOPs and lack of consistency in their implementation also hinder the effectiveness of investigations. This includes inconsistencies in delivering SP2HP in accordance with Perkap Number 14 of 2012. The implementation of information technology, such as Smart Policing and E-SP2HP programs, has helped improve personnel capacity and real-time reporting. However, further evaluation is needed to ensure the effectiveness and integration of this technology with the coordination of relevant institutions. Success in handling cybercrime also depends on cooperation among law enforcement agencies and increased training for cyber police officers. This includes establishing guidelines for handling cybercrime cases and adopting effective digital forensic methods.]]>
<![CDATA[UNILATERAL TERMINATION OF EMPLOYMENT BY EMPLOYEES AT MOREST RESTAURANT ]]>
<![CDATA[Candra Dewi, Ni Putu Ika]]>;
<![CDATA[Priyanto, I Made Dedy]]>
<![CDATA[ POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 3 No. 3 (2024): JULY ]]>
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DOI: 10.55047/polri.v3i3.1267
<![CDATA[Getting a job and achieving a decent living is a fundamental right of every citizen. In practice, however, various issues arise in the realm of employment, one of which is related to wages. This wage issue emerges due to a fundamental gap between the regulations aspired to and their implementation in society, often described as the gap between das Sollen and das Sein. This discrepancy is evident in the ineffective enforcement of the law within the community, particularly regarding the Bali Governor's Decree Number 2235/03-G/HK/2019, which pertains to the provision of minimum wages for workers, and the factors that hinder the realization of these minimum wages. The aim of this journal is to analyze and understand the implementation of legal arrangements related to the provision of minimum wages for workers, as well as the factors that impede this implementation. The method employed in this journal is empirical legal research, which is conceptualized as an empirical phenomenon that compares existing rules with their actual implementation or reality in society (das Sollen and das Sein). The findings suggest that the implementation of legal arrangements related to the provision of minimum wages for workers in the Commanditaire Vennootschap (CV) Raka Bali has not been effective. The factors contributing to the ineffectiveness of wage implementation are primarily internal to the company itself.]]>
<![CDATA[LEGAL PROTECTION OF CONSUMERS IN E-COMMERCE TRANSACTIONS: A REVIEW OF CIVIL LAW IN THE DIGITAL ERA ]]>
<![CDATA[Sanusi, Sanusi]]>
<![CDATA[ POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 3 No. 3 (2024): JULY ]]>
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DOI: 10.55047/polri.v3i3.1348
<![CDATA[In an era of rapid globalization and digitalization, e-commerce has emerged as a cornerstone of the global economy. In Indonesia, e-commerce has experienced tremendous growth. According to data from the Indonesian Ministry of Communication and Information, the value of e-commerce transactions in Indonesia reached Rp 266.3 trillion in 2020 and is expected to continue rising with increased internet and smartphone penetration. Despite the economic benefits, this development has brought forth numerous legal issues that need to be addressed. Consumer legal protection in e-commerce transactions is a crucial issue, considering the prevalence of online fraud, discrepancies in product descriptions, and violations of consumer data privacy. This research explores several significant aspects of consumer legal protection in e-commerce transactions during the digital era, which have not been comprehensively addressed in previous literature. The study adopts a literature review approach to examine this topic, with a focus on civil law in Indonesia. Although the Consumer Protection Law (UU PK) covers various provisions related to the rights and obligations of businesses and consumers in buying and selling transactions, the implementation of the Electronic Information and Transactions Law (UU ITE) in electronic transactions still faces several challenges. Crimes committed by businesses against consumers remain prevalent, and many consumers have yet to receive their rights, especially concerning safety and legal protection when they become victims of breach of contract in electronic transactions.]]>
<![CDATA[REGULATION OF PATENT RIGHTS AS AN OBJECT OF FIDUCIARY GUARANTEE ]]>
<![CDATA[Bhismananda, I Made Bagus]]>;
<![CDATA[Purwanto, I Wayan Novy]]>
<![CDATA[ POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 3 No. 3 (2024): JULY ]]>
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DOI: 10.55047/polri.v3i3.1375
<![CDATA[The aim of this research is to understand the regulation of patent rights as an object of fiduciary guarantee and to know and understand the process of executing patent rights as an object of fiduciary guarantee. The type of research used is normative legal research using a statutory approach and a conceptual approach. The result of this research is that the regulation of patent rights as an object of fiduciary guarantee is regulated in the provisions of Article 108 paragraph (1) of the Patent Law. Furthermore, related to the process of executing patent rights as an object of fiduciary guarantee, it refers to the Patent Law. Patent rights cannot be sold at public auction. The patent rights execution process can be carried out through the transfer of patent rights with a written agreement outlined in the form of a notarial deed, which must then be registered and announced through the Director General of Intellectual Property Rights. The economic value attached to the patent can be used by creditors to pay off debtors' debts.]]>
<![CDATA[MINIMUM WAGE FOR WORKERS IN MICRO AND SMALL ENTERPRISES: ANALYSIS OF GOVERNMENT REGULATION NUMBER 36 OF 2021 ]]>
<![CDATA[Pramana, I Wayan Bagus]]>;
<![CDATA[Yusa, I Gede]]>
<![CDATA[ POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 3 No. 3 (2024): JULY ]]>
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DOI: 10.55047/polri.v3i3.1379
<![CDATA[This study aims to explore legal views on the implementation of wages below the minimum wage for Micro, Small Enterprises (MSEs) in Indonesia. The research method applied is a literature study that includes an analysis of Law Number 6 of 2023 on the Stipulation of Government Regulation in Lieu of Law Number 2 of 2022 on Job Creation into Law, Government Regulation Number 36 of 2021 on Wages, as well as related case studies in the field. The results show that wage arrangements for MSEs aim to protect workers' welfare and improve decent living standards. Nevertheless, its implementation faces various challenges, especially in terms of law enforcement against employers who do not comply with the stipulated minimum wage provisions. This shows that there is an expansion of the reach of legal protection for workers/laborers in the MSEs sector.]]>
<![CDATA[JURIDICAL REVIEW OF CONSUMER PROTECTION IN BUYING AND SELLING TRANSACTIONS USING ELECTRONIC MEDIA ]]>
<![CDATA[Aristya Putra, I Kadek Krisnandika]]>;
<![CDATA[Bagiastra, I Nyoman]]>
<![CDATA[ POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 3 No. 3 (2024): JULY ]]>
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DOI: 10.55047/polri.v3i3.1380
<![CDATA[With the advanced digital technology, there are a lot of changes in how people interact and do businesses. E-commerce growth has been stimulated by the rise of internet usage and electronic systems in Indonesia. This change, propelled by development in information technology, has enabled trading to take place through online platforms instead of face-to-face meetings. The purpose of this study is to look at consumer legal protection within e-commerce transactions in Indonesia. The research employs a normative legal approach which explores laws regulating e-commerce such as Law Number 8 of 1999 regarding consumer protection and its amendment. It was established that although there is a comprehensive legal framework for consumer protection; however, some of the challenges include lack of consistency in law enforcement as well as inadequate consumers education among others making it hard to improve consumers’ right at the time when everything is becoming digital.]]>
<![CDATA[THE URGENCY OF ELECTRONIC REGISTRATION OF FIDUCIARY GUARANTEES BY NOTARY ]]>
<![CDATA[Yanti, Ni Kadek Putri]]>;
<![CDATA[Wesna, Putu Ayu Sriasih]]>
<![CDATA[ POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 3 No. 3 (2024): JULY ]]>
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DOI: 10.55047/polri.v3i3.1412
<![CDATA[The primary goal of this study is to explore the legal underpinnings of electronically registering fiduciary guarantees through public notaries, as well as to examine the legal implications of not electronically registering fiduciary guarantees through public notaries. This study employs normative legal research methodology and utilizes both statutory interpretation and legal conceptual analysis. This research highlights that the legal foundation for electronic registration of fiduciary guarantees is established by Minister of Law and Human Rights Regulation Number 9 of 2013, which addresses the Implementation of Electronic Fiduciary Registration, and Minister of Law and Human Rights Regulation Number 10 of 2013, which outlines the Procedures for Registering Fiduciary Security Electronically. If the fiduciary guarantee remains unregistered, it will result in legal consequences, as it will lack legal force. Although a fiduciary guarantee deed executed before a notary will be considered a notarial deed, it will not hold legal validity without registration. The notarial deed will have the same legal force as a private deed because the notary has not registered the fiduciary guarantee electronically.]]>
<![CDATA[THE FUNCTION OF NOTARIES IN THE ESTABLISHMENT OF INDIVIDUAL COMPANIES POST JOB CREATION LAW ]]>
<![CDATA[Putra, I Putu Adi Adnyana]]>;
<![CDATA[Wesna, Putu Ayu Sriasih]]>
<![CDATA[ POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 3 No. 3 (2024): JULY ]]>
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DOI: 10.55047/polri.v3i3.1413
<![CDATA[The aim of this research is to analyze the function of notaries in the establishment of individual companies after the Job Creation Law. The type of research used is normative legal research which focuses on primary, secondary and tertiary legal materials and uses a statutory and conceptual approach. The research results show that the notary does not have a function in making authentic deeds for the establishment of individual limited liability companies because the establishment of individual limited liability companies does not require an authentic deed and a statement of establishment that is registered electronically is sufficient. The notary will function when an individual company decides to change to a capital partnership where the notary can provide legal counseling and assess the validity of the documents. The establishment of an individual company is based on the provisions of PP No. 8 of 2021 by making a statement of establishment in Indonesian and registering it via the AHU Online portal. With the change in the function of notaries in making authentic deeds of company establishment, there are still concerns regarding the legal validity and security of the identity of founders, directors and shareholders during the electronic registration process. The government is advised to change the regulations by involving a notary to make authentic deeds and create new regulations that specifically contain provisions relating to individual limited companies.]]>
