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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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Granting Exclusive Right to Provide the Base Transceiver Station Tower in a Regency Reviewed from The Competition Law Paramitha, Tessana Pridia; Wulandari, Sinar Aju
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 4 No. 2 (2025): APRIL
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v4i2.1672

Abstract

The Badung Regency Government in 2007 made an agreement with a company which gave exclusive rights to that company as the only business actor permitted to build and manage Base Transceiver Station (BTS) towers in Badung Regency. This agreement prohibited the Badung Government from granting tower permits to other companies. The action taken by the Badung Government created barriers for other companies attempting to enter the BTS tower industry in Badung Regency. Therefore, the purpose of this research is to analyze barriers to entry in the BTS tower leasing market in Badung Regency. This research will analyze monopolistic practices in BTS tower leasing in Badung Regency based on the provisions regulated in Law Number 5 of 1999 concerning Prohibition of Monopoly Practices and Unfair Business Competition. This research uses normative legal research methods with statute approach, conceptual approach, and case approach. The results of this study indicate that the existence of exclusive rights to provide BTS towers in Badung Regency raised barriers to entry into the BTS tower leasing business. These entry barriers caused the company that was given exclusive rights to have a monopoly position in the leasing of BTS towers in Badung Regency. This condition has negative impacts on other business actors, consumers, and the Badung community.
The Role of the Police in Investigating Alternative Evidence in Sexual Violence Cases Without Gynecological Visum Et Repertum in the Jurisdiction of Polda Metro Jaya Dewa, Dinanti Putri; Nita, Surya; Arfina, Zora
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 4 No. 2 (2025): APRIL
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v4i2.1673

Abstract

The role of law enforcement in uncovering alternative evidence in sexual violence cases without gynecological visum et repertum is crucial to ensuring that cases can still be legally processed. By utilizing psychiatric visum, electronic evidence, forensic psychologist statements, and CCTV recordings, the police can build a strong case construction. Additionally, enhancing investigators' skills in trauma-informed interviewing and digital forensic investigation is essential for improving the effectiveness of investigations. However, law enforcement faces several challenges in collecting and utilizing non-physical evidence, including regulatory limitations, technical difficulties in digital forensics, socio-cultural factors that discourage victims from reporting, and a lack of interagency coordination. Therefore, strengthening investigator capacity, improving regulations, and fostering better collaboration with forensic psychologists and digital service providers are necessary to ensure non-physical evidence is widely accepted in the judicial system. To enhance the effectiveness of alternative evidence collection, the police must establish strong coordination with key stakeholders, such as the Witness and Victim Protection Agency (LPSK), forensic psychologists, the Integrated Service Center for Women and Children Empowerment (P2TP2A), and digital forensic institutions. Developing Standard Operating Procedures (SOPs), forming a Special Task Force for Sexual Violence Cases, and utilizing digital technology are key strategies for improving the accuracy and security of evidence. Moreover, public outreach is necessary to raise awareness of the importance of non-physical evidence in proving sexual violence cases. Through these strategies, law enforcement can ensure that cases are handled professionally, ultimately achieving justice for victims.
Criminal Law Enforcement Against Perpetrators of Environmental Pollution in The Criminal Justice System in Indonesia Zaenudin, Aa Muhamad; Kristiawanto, Kristiawanto; Maryano, Maryano
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 4 No. 2 (2025): APRIL
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v4i2.1675

Abstract

This study aims to analyze the effectiveness of criminal law in addressing environmental pollution in Indonesia and to explore the concept of an ideal environmental criminal law enforcement framework for the future. This study applies a normative legal research method to obtain relevant data concerning the issues under investigation. The data used in this research come from secondary data sources and tertiary legal materials. Additionally, primary data are utilized to support the legal materials obtained from secondary sources. The data analysis is conducted using a qualitative juridical analysis method. This research employs John Rawls’ theory of justice and the theory of law enforcement. The findings of this study indicate that, despite efforts to enforce criminal law against environmental polluters, the sanctions imposed often fail to create the expected deterrent effect. Law enforcement still encounters challenges, such as conflicts between economic interests and environmental protection, weak legal culture, as well as limitations in infrastructure and evidence gathering. To enhance its effectiveness, a more comprehensive approach is required, integrating restorative and preventive approaches along with the application of the principle of distributive justice. The restorative approach focuses on victim and environmental recovery through alternative dispute resolution mechanisms, while the preventive approach, through administrative supervision, aims to prevent violations from occurring. Additionally, strengthening legal awareness through public education and enhancing collaboration among law enforcement agencies, such as the Ministry of Environment, the police, and the prosecutor's office, are essential steps in establishing a more effective and just environmental criminal law enforcement system.
Establishing the Legal Basis for Crypto Asset Confiscation: A Critical Study on the Challenges of Cybercrime Law Enforcement in Indonesia Pratama, Muhamad Rizqi Yudha; Muriman, Chairul; Nita, Surya
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 4 No. 2 (2025): APRIL
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v4i2.1679

Abstract

Cryptocurrency offers high potential profits but also poses significant challenges for law enforcement, especially in the context of cybercrime. Cybercrime encompasses various illegal activities conducted through computer networks and the internet, such as online fraud, data theft, and money laundering. The purpose of this research is to analyze the current legal provisions in Indonesia governing the seizure of cryptocurrency in cybercrime cases and to examine legal solutions that can be implemented to address the regulatory gaps related to the seizure of cryptocurrency in cybercrime cases in Indonesia. This research employs a qualitative research method, using law enforcement theory as the analytical framework. The results indicate that the seizure of cryptocurrency in cybercrime cases in Indonesia is still relatively new and faces various challenges, including regulatory ambiguity and a lack of understanding among law enforcement regarding blockchain technology. Although cryptocurrencies are recognized as tradable digital commodities, existing legal provisions, such as those in the Indonesian Criminal Procedure Code (KUHAP) and the Attorney General's Regulation No. 7 of 2023, remain limited and require coordination with the Commodity Futures Trading Supervisory Agency (Bappebti) and physical traders. The absence of specific regulations regarding the procedure for seizing cryptocurrency calls for a comprehensive legal approach, including the formulation of clear regulations, strengthening the existing legal framework, and enhancing law enforcement capacity. With these measures, it is hoped that law enforcement against cybercrime can be conducted more effectively, providing legal certainty and protecting the public from the risks of cybercrime.
The Role of Police in Preventing the Regeneration of Armed Criminal Groups: A Study in Ilaga District Siagian, Oktovian Prawira Hidayat; Nita, Surya; Sukabdi, Zora A.
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 4 No. 2 (2025): APRIL
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v4i2.1692

Abstract

This study aims to analyze the extent of the role of education in deciding the regeneration of KKB criminal groups. The collaboration between the Puncak Regency Police and the Ilaga Regency Government in the implementation of education programs as an effort to prevent the regeneration of Armed Criminal Groups (KKB) shows positive potential in shaping the character and social awareness of the younger generation. This program that integrates the values of nationalism and ethics indirectly reduces the interest in recruitment by the KKB. This study uses a qualitative method with interview data collection techniques, observation and documentation. The results show that cross-sector synergy increases the effectiveness of planning, coordination, and implementation of educational programs, although it still faces challenges such as limited resources, infrastructure, and organizational cultural differences. Therefore, increasing human resource capacity, improving infrastructure, and making more adaptive policy adjustments are needed to optimize community support and program effectiveness. The findings of this study make an important contribution to the development of strategies to prevent KKB regeneration through continuous education.
Indonesian Migrant Workers in Malaysia and Their Social Environment: Analysis from a Socio-Legal Perspective Parashtheo, Bintang; Sakti, Sri Wahyu Krida; Suntoro, Agus; Wulan, Tyas Retno
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 4 No. 2 (2025): APRIL
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v4i2.1700

Abstract

Malaysia is considered one of the primary destinations for migrants in Southeast Asia, particularly those from Indonesia. There are approximately 2.7 million Indonesian migrant workers in Malaysia, with 1.6 million having followed official placement procedures. The presence of a large number of Indonesian migrant workers in Malaysia has led to legal complications concerning their employment relationships with employers, including issues related to work contracts, safety regulations, social security, and termination of employment. Additionally, there are socio-legal concerns regarding the social integration of migrant workers into their new environment, which may contribute to criminal activities such as extremism, drug trafficking, human trafficking, undocumented labor, theft, and domestic violence. The legal problems faced by migrant workers are influenced by two main factors: their level of legal understanding, both in terms of Indonesian law and Malaysian law, and their lack of familiarity with the cultural norms of the host country, leading to social tensions. Therefore, the main question addressed in this study is how the social environment influences migrant workers' attitudes and behaviors, particularly whether it contributes to criminal acts and legal repercussions. This socio-legal study of the social relationship of Indonesian Migrant Workers with their environment is empirical using a survey method involving Indonesian Migrant Workers and document review. All data and legal materials are processed and analyzed using statistical instruments of central-tendency analysis for quantitative data, and interactive models of qualitative data analysis for qualitative data, while the analysis of the substance uses analytical theory of legal-protection and legal-justice.
Indonesian Migrant Workers: The Analysis of Legal Policy in Gender Issue Mukhammad, Bahir; Kridasakti, Sri Wahyu; Rudolf, Paulus; Hilmy, Umu
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 4 No. 2 (2025): APRIL
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v4i2.1706

Abstract

The majority of Indonesian migrant workers (PMI) are women (85%), who frequently face gender-based rights violations and inadequate legal protection abroad. While the Declaration of Human Rights promotes equality, these principles often remain nominal, with basic human rights (Law No. 39/1999) being overlooked by host country authorities. Legal issues faced by female PMI stem largely from limited legal literacy regarding both Indonesian and host country labor laws. From a legal-historical perspective, gender-related socio-legal constructions have perpetuated an unequal division of roles for women. This study addresses the historical legal regulation of Indonesian migrant workers from a gender perspective in host countries. The study aims to offer policy insights for curriculum development in PMI training and promote legal literacy through MOOCs. Using a normative legal-historical approach and statute-based analysis, this research examines labor laws from four host countries (Saudi Arabia, Hong Kong, Malaysia, and Taiwan), supported by secondary sources such as academic texts and media reports. All materials are analyzed using an interactive qualitative data model and the analytical theory of legal protection. The results show gaps in laws for protecting workers, mainly due to limited regulations and legal knowledge. While national efforts such as Law No. 18 of 2017 and the establishment of BNP2TKI (via Presidential Regulation No. 81/2006) represent progress, further improvement is needed.  Hence, the study suggests adding gender-sensitive legal topics into PMI training and using MOOCs to increase legal awareness for female migrant workers.
Transformation of Dittipidkor towards the Police Corruption Eradication Corps: An Urgency Wigrhananto, Rizky Adhi; Setyabudi, Chairul Muriman; Fadri, Iza
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 4 No. 2 (2025): APRIL
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v4i2.1711

Abstract

This research aims to analyze the role of the Directorate of Corruption Crimes (Dittipidkor) Bareskrim Polri in combating corruption in Indonesia, examine the urgency of developing the organization into the Police Corruption Eradication Corps (Kortastipidkor), and identify factors considered in the development process. Corruption problems that are complex, massive, and involve various sectors require a more structured, focused and responsive handling. In this context, Dittipidkor Polri has a central role as the executor of law enforcement in synergy with other institutions such as the Corruption Eradication Commission and the Attorney General's Office. This research uses a qualitative approach with a field study method, through in-depth interviews with key informants such as the Head of the Renmin Subdivision of Dittipidkor and the Head of the Lempus Stamarena Polri, as well as analysis of legal and regulatory documents. This type of research is police management administration, with qualitative descriptive analysis techniques using the data triangulation method. The results showed that Dittipidkor plays a vital role in investigating corruption cases, but is hampered by various structural and resource constraints. Therefore, the transformation into Kortastipidkor is considered urgent to strengthen the effectiveness, professionalism and independence of handling corruption. Factors considered in organizational development include the legal basis, the need for structural reform, increasing HR competence, strengthening technology, and cross-agency coordination. With this transformation, it is hoped that Polri will be able to play a more strategic, responsive and accountable role in combating corruption in Indonesia.
The Role of Law in Tackling Child Exploitation in Child Social Welfare Institutions (LKSA): A Case Study of the Fulfilment of Children's Basic Needs According to Welfare Standards Banke, Ricky; Sitorus, Rolib; Saragih, Joy Zaman Felix; Michael Sihombing, Andy Tonggo
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 4 No. 3 (2025): JULY
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v4i3.1714

Abstract

Child exploitation within Child Social Welfare Institutions (Lembaga Kesejahteraan Sosial Anak or LKSA) remains a significant concern that undermines the fulfillment of children's fundamental rights, particularly in relation to access to education, health care, proper care, and protection. This study aims to examine the role of legal frameworks in preventing and addressing exploitative practices within LKSAs, focusing on the extent to which these institutions ensure the fulfillment of children's basic needs in accordance with national welfare standards. Employing a qualitative research design with a case study approach, the study was conducted in several LKSAs in Medan, North Sumatra. Data collection methods included in-depth interviews with key stakeholders, analysis of relevant legal and institutional documents, and direct field observations. The results show that there are still practices of child exploitation in several LKSA, including forced labor and misuse of foster child status for economic interests. Other important findings include weak supervision by government agencies, limited coordination between agencies, and a lack of understanding by LKSA managers of children's rights. On the other hand, the role of the police as law enforcers is considered reactive and not optimal in preventing and prosecuting cases of child exploitation in LKSA. The main obstacles faced by POLRI include limited resources, lack of specialized training, and the absence of strong synergy between the police and other child protection agencies. Hence, the research emphasizes that although the legal framework is in place through various laws and regulations, its implementation is still not effective.
A Comparative Analysis of the Royalty Sharing Rules of the Spotify Digital Music Player Service Channel in Europe and Indonesia Virjana, I Made Nara
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 4 No. 2 (2025): APRIL
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v4i2.1720

Abstract

The development of digital technology has transformed the way music is consumed, with streaming platforms such as Spotify, YouTube Music, and Apple Music becoming the primary channels for music distribution. In Indonesia, the use of digital music services continues to grow, creating significant opportunities for the music industry while also presenting challenges related to fair royalty distribution mechanisms. This study aims to conduct a comparative analysis of royalty distribution regulations in digital music streaming services, particularly Spotify, in Europe and Indonesia. This study employs a normative juridical method with a comparative legal approach, analyzing secondary data consisting of legislation, legal documents, court decisions, and relevant literature through a descriptive-analytical framework to compare digital music royalty distribution regulations in Europe and Indonesia. The study shows that royalty distribution regulations in Indonesia, particularly those referring to Government Regulation No. 56 of 2021, still face uncertainties in implementation, especially regarding royalty distribution for independent musicians and digital service providers. Although efforts have been made to manage copyright through the National Collective Management Organization, the mechanisms for royalty collection and distribution are hindered by poor coordination between institutions and a lack of transparency in music usage reports. A comparison with regulations in the European Union indicates that Indonesia needs to adjust its regulations to better align with the complexities of the current digital music market. To establish a fair and transparent royalty distribution system in Indonesia, more comprehensive regulatory improvements and better coordination among relevant institutions are necessary.

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