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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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PROTECTION OF FICTIONAL CHARACTERS AGAINST FANFICTION ACTIONS AND ITS RELATION TO FAIR USE IN THE PERSPECTIVE OF COPYRIGHT LAW Pamungkas, Ayu Mustika
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 2 No. 4 (2023): OCTOBER
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v2i4.870

Abstract

This research aims to investigate the protection of fictional characters within the framework of intellectual property, including copyright, and explore the challenges arising from fanfiction cases in the era of the internet. Through legal analysis, the study delves into the legal regulations governing fictional characters and identifies the potential application of fair use principles to support fanfiction activities that utilize pre-existing fictional characters. The findings provide insights into the legal framework surrounding fictional characters within intellectual property law and its relevance in addressing the evolving landscape of internet culture. Moreover, this research contributes to a deeper understanding of how to safeguard fictional characters while considering freedom of expression and fostering innovation in the realm of creativity. By examining these issues, this study not only sheds light on the legal aspects of protecting fictional characters but also addresses the dynamic interplay between traditional intellectual property concepts and the transformative nature of fan-driven creativity on the internet, ultimately contributing to the ongoing discourse on the regulation of fictional characters in the digital age.
LEGAL IMPLICATIONS OF CONSUMER PROTECTION DISPUTES ON CASH DELIVERY SYSTEMS IN E-COMMERCE Baruna Kiswara, Cokorda Anom; Dedy Priyanto, I Made
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 2 No. 4 (2023): OCTOBER
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v2i4.899

Abstract

This article aims to verify the validity of online purchases and transactions between sellers and buyers through the Cash Delivery System and the legal impact of breach of contract or failure to comply. The methods used in this article are legal research methods employing legal, conceptual, and case-by-case approaches. Based on the research results, online sales contracts will be effective if they meet the four conditions specified in the Criminal Code, in accordance with Law No. 19 of 2016 on Changes to Law No. 11 of 2008 on Electronic Information and Transactions. Therefore, online sales agreements are as robust as other sales contracts. This is a legal application when a buyer makes transactions online through an E-Commerce application under Law Number 19 of 2016 concerning Changes to Law Number 11 of 2008. Electronic products are not clearly and elaborately regulated. According to criminal law, buyers are obliged to compensate for losses, transfer risks, support legal costs, and enter into contracts with the parties concerned.
LEGAL CONSEQUENCES FOR TAX CRIMES WITH FICTITIOUS TAX INVOICES Subroto, Edwin Sulasdjono; Sidarta, Dudik Djaja; Soekorini, Noenik
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 3 No. 4 (2024): OCTOBER
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v3i4.1438

Abstract

This research aimed to examine the legal implications of tax fraud involving fictitious tax invoices by businesses and to examine the factors that judges take into account when imposing criminal penalties on those who use fictitious tax invoices in cases such as Decision Number523/Pid.Sus/2021/PN Cikarang, Decision Number 1227/Pid.Sus/2021/PN Jkt.Utr, and Decision Number 926/Pid.Sus/2019/PN Jkt.Utr. This study pertains to normative legal research, utilizing the statute approach and conceptual approach. Primary legal resources for this research consist of Law No. 7 of 2021 and Law No. 28 of 2007, while Secondary Legal Materials refer to data from media and literature sources. Collection of legal research materials through library research with legal material analysis techniques with descriptive analysis. The study findings demonstrate that companies engaging in tax fraud through fake tax invoices may face criminal charges under Article 39A of Law No. 7 of 2021. The penalties could range from a minimum of 2 years in prison to a maximum of 6 years, as well as fines equal to at least double the tax amount listed on the fraudulent invoices. These penalties apply to cases where there is evidence of tax evasion, tax collection, deductions, or payments being manipulated. Then the Judge's Consideration in Imposing Criminal Sanctions on Perpetrators of the Criminal Act of Using Fictitious Tax Invoices by Corporations in the Decision is in accordance with Article 39A of Law No. 7 of 2021.
FACTORS HINDERING THE IMPLEMENTATION OF THE MINISTER OF HOME AFFAIRS REGULATION NO. 84/2015 ON THE STRUCTURE AND WORK PROCEDURES OF THE VILLAGE GOVERNMENT IN SEREH VILLAGE, JAYAPURA REGENCY Toroby, Renida Joselina; Wulandari, Nyariana Hadiyanti
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 3 No. 4 (2024): OCTOBER
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v3i4.1442

Abstract

The focus of this research is to explore the barriers that hinder the enforcement of Minister of Home Affairs Regulation Number 84 of 2015 regarding the Structure and Operating Procedures of the Village Government in Sereh Village, Sentani District, Jayapura Regency. Qualitative research methodology was utilized for this study. Data was gathered through observations, interviews, documentation, and literature reviews. The data was analyzed using techniques such as data reduction, data presentation, and conclusion/validation. The findings of this study suggest that the Sereh Village Government prioritizes simplicity and efficiency in policy implementation to ensure optimal service delivery. However, in the process of implementing the regulation of the Minister of Home Affairs number 84 of 2015, communication and resources. Communication is currently restricted to activities related to developmental planning and socialization at the sub-district level. Furthermore, related to the placement of human resources, some are still not in accordance with their competencies. It is important to support and provide guidance to relevant agencies and village officials as they fulfill their responsibilities, roles, and positions in Kampung Sereh, Sentani District, Jayapura Regency, ensuring compliance with laws and regulations while considering the unique needs of the community and local traditions.
GREEN BARRIERS IN INTERNATIONAL TRADE: A POLICY ANALYSIS OF THE EUROPEAN UNION DEFORESTATION REGULATION IN REVIEW OF THE GATT TREATY Kusuma, I Nyoman Giri; Wisanjaya, I Gede Pasek Eka
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 3 No. 4 (2024): OCTOBER
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v3i4.1449

Abstract

The European Union Deforestation Regulation (EUDR) is a regulation introduced by the European Union that aims to address deforestation and forest degradation by preventing the entry of products that contribute to deforestation into the European market. The existence of strict requirements for commodities imported into the EU market has been considered to create green trade barriers that contradict the principle of free trade. This research aims to examine the EUDR policy in the review of the GATT 1994 agreement specifically to understand more deeply the position of green trade barriers and their relation to the EUDR policy. The research method used is normative legal research with a statutory approach (Statue Approach) and conceptual approach (Conceptual Approach). The results of this study state that the explanation of Article XX paragraphs (b) and (g) of the GATT Agreement can be used as a legal basis to justify the application of environmentally motivated barriers in international trade. In other words, environmentally friendly forms of trade barrier protection are legitimate under the GATT Agreement, even though such policies may deviate from the principles of free trade, provided that such policies are not used as a means for unfair discrimination or restriction of trade.
CRIMINAL LAW ENFORCEMENT IN EFFORTS TO ERADICATE MONEY LAUNDERING IN INDONESIA Sibero, Sari Maharani Tarigan; Kristiawanto, Kristiawanto; Ismed, Mohammad
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 3 No. 4 (2024): OCTOBER
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v3i4.1461

Abstract

Money laundering is an illegal act that aims to hide traces of funds obtained from crime, so that they appear legitimate and legal. Money launderers use a variety of complex methods to evade law enforcement, while still enjoying the proceeds of their crimes. In Indonesia, there are laws designed to prevent and eradicate the criminal offence of money laundering, complemented by various instruments to streamline law enforcement. This research uses the normative juridical method, with qualitative analysis of juridical data in the form of laws and regulations and expert opinions. This research confirms that the formulation of the elements of the crime of money laundering in Articles 3, 4, 5, 6, 7, 8, 9, and 10 of Law No. 8 of 2010 can facilitate the process of investigation, prosecution, and examination. This simpler formulation of unlawful acts allows law enforcement officials to be more effective in taking action against money launderers, especially with regard to corporate legal subjects. Thus, clear and simple regulations can increase the success of law enforcement in dealing with money laundering offences in Indonesia.
CERTIFIED VERSUS UNCERTIFIED ELECTRONIC SIGNATURES: LEGAL CONSEQUENCES AND BEST PRACTICES IN INDONESIA Ilyasa, Farhan Hamka; Gunadi, Ariawan
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 3 No. 4 (2024): OCTOBER
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v3i4.1480

Abstract

This article examines the legality and validity of electronic signatures in Indonesia, especially for crucial documents such as the Power of Attorney and Letters of Indemnity, in the light of digital transformation. In this study, a normative legal research method, more popularly known as doctrinal research, was employed, where an in-depth analysis of the legislative texts and available legal materials is needed to construct sound legal reasoning. Approach: The paper combines a conceptual analysis of legal principles with a statutory approach that analyzes whether there is harmony within the various legislative provisions. Various statutes and regulations in Indonesia are critically analyzed, including the Law on Electronic Information and Transactions, Government Regulation concerning the Execution of Electronic Systems and Transactions, and the Minister of Communication and Informatics Regulation on Electronic Certification. The discussion should be centered on what legal provisions must be in place for the acceptance of electronic signatures certified and those not certified. It, therefore, sets out the legal implications of the use of electronic signatures and gives comprehensive recommendations of the best practices as a means of ensuring legal certainty and legality in their implementation in Indonesia. The Journal is intended to assist businesses and lawyers to pass through those issues with ease. To this end, this journal will consider in great detail the legal framework for electronic signatures.
DIRECTORS' RESPONSIBILITIES AS LIQUIDATORS IN THE DISSOLUTION OF LIMITED LIABILITY COMPANIES Prabandari, Anak Agung Sagung Nadya; Yusa, I Gede
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 3 No. 4 (2024): OCTOBER
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v3i4.1483

Abstract

This article aims to examine the legal regulations regarding the responsibilities of directors as liquidators in the dissolution of limited liability companies. This journal article employs a normative legal research method that utilizes legislative and conceptual approaches by reviewing the Limited Liability Company Law. The regulations for the dissolution of limited liability companies are outlined in the Company Law Article. The dissolution of a company must be followed by liquidation carried out by a liquidator. In terms of appointing a liquidator, the Company Law only provides for the appointment of a liquidator similar to the general appointment of directors. This provision of the Company Law does not necessarily provide legal certainty for creditors or interested parties. Based on this, the issues can be raised regarding how the legal certainty of the regulation of Directors as Liquidators in the dissolution of Limited Liability Companies is established, as well as what the Responsibilities of Directors as Liquidators are in the presence of conflicts of interest within Limited Liability Companies.
EFFORTS OF THE POLICE TRAFFIC CORPS TO OVERCOME THE PROBLEM OF ILLEGAL VEHICLE LICENSE PLATES Aldriano Marbun, Joshua Leonard; Nita, Surya; Sutrisno, Sutrisno
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 3 No. 4 (2024): OCTOBER
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v3i4.1502

Abstract

This research aims to analyze the efforts made by the Police Traffic Corps in tackling the use of illegal vehicle number plates and identify the obstacles faced in its law enforcement. This research uses a qualitative method with a descriptive-analytical approach, involving in-depth interviews with Korlantas (Traffic Corps) officers, legal experts, and direct observation. The results show that Korlantas Polri has implemented several strategies, such as the implementation of Electronic Registration and Identification (ERI) and electronic ticketing (e-Tilang), as well as special operations to detect and crack down on fake license plates. Nonetheless, this study found significant obstacles, including technological limitations, uneven infrastructure, and low public legal awareness. The implications of this research underscore the need for strengthening cross-agency cooperation, developing more sophisticated detection technologies, and public education campaigns to improve the effectiveness of law enforcement against illegal license plates.
Analyzing Pakistan's Fragile Political, Social, and Economic Landscape: Challenges, Transitions, and Structured Solutions Needed Khpalwak Zazai, Abuzar; Rahmani, Najeebrahman; Zirak, Assadullah
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 4 No. 1 (2025): JANUARY
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v4i1.1504

Abstract

Due to the increasing political, security, social, and economic challenges in Pakistan, it is necessary for everyone to have a better and more accurate understanding of it to have a clear picture of the current situation in Pakistan. The aim of highlighting the above-mentioned topics is to provide a comprehensive roadmap for identifying, analyzing, and solving issues and problems that have hindered the development and progress of the country, especially when officials are not saying much about it. This research utilizes both quantitative and qualitative methods to extract findings. Materials for the article have been gathered from electronic media, printed materials, reputable reports (UN, UNDP), etc. Based on the analysis and evaluation of the political, security, social, and economic situation of Pakistan, it can be said that country is in a precarious situation and its management is beyond the capacity of its rulers and politicians. If this situation continues, it is possible that the country's situation will become more volatile in the near future, and in that case, the possibility of Pakistan's disintegration in the coming years is conceivable.

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