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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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The Concept of Open Legal Policy in Constitutional Court Decision No. 90/PUU-XXI/2023 on the Age Limit for Candidates for President and Vice President Husni, Sabar Indra; Mau, Hedwig Adianto; Sagala, Rotua Valentina
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.v4i3.1723

Abstract

Article 6A paragraph (5) of the 1945 Constitution of Indonesia affirms the principle of open legal policy by stipulating that the procedures for the election of the President and Vice President must be regulated by law. This provides space for the legislature to regulate various provisions related to elections, while the Constitutional Court acts as an interpreter of the constitution. This study aims to analyze the application and suitability of the concept of open legal policy in the Constitutional Court Decision Number 90/PUU-XXI/2023 concerning the age limit of candidates for President and Vice President. The study employs normative legal research techniques with a qualitative juridical analysis perspective, utilizing secondary data, tertiary legal resources, and primary data for reinforcement. The theory of authority and trias politica (division of powers) is used to analyze the examined decision. The results showed that the Constitutional Court in Decision No. 90/PUU-XXI/2023 was inconsistent in deciding cases, even though the articles tested were the same and the legal considerations and rulings were similar. Therefore, it is recommended that the Constitutional Court be more consistent in issuing decisions, especially those related to open legal policies. Strengthening the capacity of Constitutional Court judges is also needed to better understand the authority and division of powers within the framework of the 1945 Constitution of the Republic of Indonesia. In conclusion, the application of the concept of open legal policy needs to be implemented consistently and wisely to maintain legal stability in Indonesia.
Land Acquisition Conflicts in the Construction of the Jombang-Mojokerto Toll Road Syahputra, Muhammad Daffa; Tjipto, Frederick Xaverius; Siahaan, Albert Lodewyk
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.v4i3.1725

Abstract

The development of toll road infrastructure is one of the government's strategic steps in improving connectivity and national economic growth. However, the land acquisition process, which is a prerequisite for development, often leads to conflicts between the government and landowners. This paper discusses agrarian conflicts that occurred in the Jombang-Mojokerto Toll Road construction project, by highlighting the main causes of disputes, namely the discrepancy in the value of compensation and the lack of transparency in the deliberation process. Based on agrarian law studies and analysed case studies, this paper proposes several conflict resolution solutions, including open deliberations, fair compensation, strong legal protection, and socio-economic assistance for affected residents. The findings of this study demonstrate that the success of infrastructure projects is dependent not just on technical considerations, but also on the importance of a fair and inclusive land acquisition process. Discrepancies in compensation values can cause social resistance, impeding projects and undermining community trust in government policy. The study also emphasises the significance of providing communities with a better legal awareness of their rights and land acquisition methods in order to avoid misinformation to their disadvantage. This study is unique in that it focuses on social disputes caused by variations in compensation values in toll road projects, as well as how participatory land acquisition techniques can affect project success. This study provides new insights into the relevance of including social issues in land.
Causes and Resolution of Buleleng Bali Customary Land Disputes Siregar, Sheila Ananda; Damanik, Dilla Elfira; Siahaan, Albert Lodewyk
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.v4i3.1726

Abstract

This study aims to examine the causal factors and mechanisms for resolving customary land disputes in Buleleng Regency, Bali. This research uses a qualitative method by collecting information from various sources such as legal regulations, previous research results, and literature studies. The novelty of this research lies in its focus on the role of Pakraman village as a customary institution in resolving disputes through mediation based on customary law (Awig-awig), as well as the collaborative approach between the community, customary institutions, and the government in handling land conflicts. The results show that customary land disputes in Buleleng are triggered by various factors including community ignorance of the legal status of customary land, unclear land boundaries, and increasing economic value of land. Conflict resolution is carried out through customary mediation with the stages of verification of reports, summoning parties and witnesses and custom-based decision-making. The conclusion of this research is that legal education, participatory mapping, land certification, and strengthening local regulations are very important to prevent conflicts and realise legal certainty for indigenous peoples in the management of customary land.
Criminal Law Policy Analysis Concerning Decriminalization of Abortion Dhumillah, Dewic Sri Ratnaning; Harefa, Aktuaris
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.v4i3.1727

Abstract

Pregnancy due to rape is a pregnancy that occurs outside of a person's will. When the victim is faced with violence or threats of violence, the victim is forced to have sex with the perpetrator outside of marriage. Therefore, that unwanted pregnancies generally result in abortion. In Indonesia, the incidence of unwanted pregnancies reaches 121 million per year. This figure shows that there are 64 unwanted pregnancies occurring in every 1,000 women aged 15-49 years and it is recorded that 73.3 million abortions occur each year, which is equivalent to 39 abortions per 1,000 women each year. Normatively, abortion is regulated by Health Law No. 17 of 2023, Article 60, which prohibits everyone from having an abortion except for the criteria permitted by national criminal law. This study seeks to analyzes Indonesia’s criminal law policy on abortion decriminalization and legal gaps for rape victims over 14 weeks gestation, using a normative juridical approach to examine relevant laws and their alignment with state policy. The decriminalization of abortion through the 2023 national criminal code is a criminal law policy that is harmonized from the previous law and abortions carried out based on the new national criminal law policy have a tendency to be victim-oriented. Although abortion has been decriminalized, the government has yet to establish clear policies, systems, and legal protections for rape victims with pregnancies over 14 weeks.
The Responsibility of Crane Company in terms of The Loss Occurred during The Sea’s Transport Activity Based on Indonesia’s Civil Law Alkautsar, Ardo; Wulandari, Sinar Aju; Chumaida, Zahry Vandawati
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.v4i3.1739

Abstract

Transportation activities, whether by land, air or sea, involve parties involved in the transportation process. The parties in the transportation activity have different legal obligations. Different legal obligations can be viewed from the different legal relationships that arise between the parties in transportation and the roles of the parties in transportation. In sea transportation, there are many parties involved with each other and it is even possible to have a legal relationship with parties who are not directly involved in the sea transportation, such as a crane company that is present only to rent crane equipment to the loading and unloading company so that loading and unloading activities can be carried out, which also does not rule out the possibility that the loading and unloading company can create a legal relationship with other parties in the transportation process. In transportation, the parties can also use insurance for both the activities or interests of the transportation process with the aim of reducing the risk of loss that can arise in transportation activities or other events during transportation activities. Within this study, the legal and operational responsibilities of crane companies functioning as intermediary service providers in maritime transportation are being investigated. Using normative legal research methodology with statute and conceptual approaches, the research analyzes Indonesian laws, regulations, and legal materials related to crane company responsibilities in maritime operations. The findings reveal that crane companies bear liability for operational losses, must provide suitable equipment, and should utilize insurance protection for risk transfer.
Construction of Legislation Formation on Restorative Justice in the Neo-Classical Criminal Perspective of Law Number 1 of 2023 Concerning the Criminal Code Dananjaya, Nyoman Adi Arya Putra; Bagiastra, I Nyoman
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.v4i3.1749

Abstract

Restorative Justice is a process that involves both perpetrators or their families and victims or their families in the process of restoring conditions and rehabilitating perpetrators. This concept has fundamentally developed for a long time, but with the enactment of Law No. 1 of 2023 concerning the Criminal Code, it changes the punishment paradigm that was previously inspired by classical schools focusing on secular retribution, transforming by applying neo-classical schools that maintain balance between objective factors and subjective factors. However, regulatory provisions for restorative justice show disharmonies across investigation, prosecution, and judicial levels, requiring legal construction through expert doctrines and institutional regulations to create a comprehensive framework for applicable criminal cases. This research analyzes and constructs legal frameworks for implementing restorative justice within Indonesia's criminal law system under Law No. 1 of 2023, addressing regulatory disharmonies through neo-classical criminal law perspectives. This study employs normative legal research with a juridical normative approach, analyzing primary, secondary, and tertiary legal materials through literature study techniques. The research integrates statute, conceptual, historical, and comparative approaches to explore restorative justice application in Indonesia's criminal law system, including comparative analysis with Continental European countries. Current restorative justice regulations across investigation, prosecution, and judicial levels exhibit disharmony requiring legal construction through rechtsverfijning and comparative methods to align with the neo-classical paradigm of the 2023 Criminal Code.
Transformation of The TNI's Military Strategy in Facing Modern Conflicts with The Adaptive Model of Military Strategy in Navigating Technological Challenges and Geopolitical Shifts Effectively Supriyadi, Arip; Setyoko, Budi
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.v4i3.1752

Abstract

The transformation of military strategy in dealing with modern conflicts has become crucial amidst rapidly changing geopolitical dynamics and technological advances. This research aims to develop the Adaptive Model of Military Strategy to Overcome Technological Threats and Geopolitical Changes as the Transformation Of The TNI's Military Strategy in Facing Modern Conflicts. This research used descriptive qualitative research, with a literature review and interviews with the informants. The research locations include strategic institutions such as the Indonesian Ministry of Defense, the TNI Headquarters, and defense policy research institutes. The time of the research started from March to May 2025. This research found that the Adaptive Model of Military Strategy to Overcome Technological Threats and Geopolitical Changes can anticipate unexpected, uncertain, and ambiguous conditions in facing the modern conflict. On the other hand, this model can assist in the Design and Implementation of Defense Strategy Policies. This model has six pillars: Integration of Defense Technology and Artificial Intelligence, Adaptive Risk Management in Command and Control Systems, Multi-Domain Collaboration and Defense Diplomacy, VUCA-Responsive Based National Resilience, Assessment and Mapping of Global and Regional Geopolitical Dynamics, and identifying asymmetric Strategic Risks. Moreover, the conclusion of this research is the transformation of the TNI's military strategy in response to modern conflicts can be achieved through the implementation of the Adaptive Model of Military Strategy to Overcome Technological Threats and Geopolitical Changes.
The Effectiveness of E-Catalog in Preventing Fictitious Procurement: A System Vulnerability and Legal Implications Analysis Tania, Lila
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.v4i3.1760

Abstract

The Indonesian government has increasingly relied on digital systems to promote transparency and accountability in public procurement, notably through the introduction of the e-Catalog platform. This digital catalog is designed to standardize purchasing processes, reduce corruption, and eliminate fictitious procurement practices that have historically plagued government spending. However, concerns remain regarding its actual effectiveness and resilience against misuse. This study investigates the effectiveness of Indonesia's e-Catalog system in curbing fictitious procurement practices within the government sector. Employing a juridical-empirical methodology, this article scrutinizes the structural, technical, and regulatory mechanisms underpinning the e-Catalog, identifies potential system vulnerabilities, and explores the legal ramifications of its misuse. The findings indicate that while the system has significantly enhanced transparency and efficiency in procurement processes, it remains susceptible to exploitation through weak verification procedures, user misconduct, and integration gaps. The study advocates for robust policy reforms, including reinforced digital authentication, cross-platform integration, and strengthened legal enforcement to close loopholes and uphold procurement integrity.
The Urgency of Artificial Intelligence (AI) Technology Utilization in the Physical Security Sector: A Literature Review Alfarisi, Farid; Nita, Surya; Setiabudi, Chairul Muriman
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.v4i3.1761

Abstract

The increasing crime rate in Indonesia has led the public to question the effectiveness of the country's security systems, particularly physical security. This situation is further complicated by rapid technological advancements, which allow criminal acts to evolve in both motive and method. This article discusses the urgency of utilizing artificial intelligence (AI) technology in the physical security sector through a review of national and international literature. The literature analyzed in this study includes publications from the last ten years that are relevant to the topics of physical security and artificial intelligence. Key focus areas of this literature review include global trends in AI implementation in physical security, the benefits of its application, and the challenges faced during implementation. The findings reveal that the integration of AI, including the use of IoT devices, intelligent surveillance cameras, and biometric access control systems, can significantly improve the effectiveness of threat detection, prevention, and real-time response. However, in Indonesia, the application of AI in physical security remains limited due to infrastructure constraints, lack of human resource readiness, underdeveloped regulations, data privacy concerns, and high investment requirements. This study concludes that the application of AI in physical security is essential for enhancing safety, particularly in confined environments such as offices, residential areas, and commercial zones, in order to mitigate the rising trend of physical crimes.
Balanced Residential Conversion Fund in Achieving Justice and Prosperity Probondaru, Ignatius Pradipa; Setyorini, Dyah; Pandamdari, Endang
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.v4i3.1763

Abstract

The need for decent and affordable housing in Indonesia is becoming increasingly urgent alongside population growth and urbanization, but is hindered by high property prices and income inequality. This study aims to describe how Balanced Residential conversion funds contribute to achieving justice and welfare. This research uses a normative juridical method to analyze the Balanced Residential Conversion Fund policy as a solution to housing provision imbalances. The research focuses on implementation issues of Balanced Residential, including land price constraints, lack of developer incentives, and unclear fund conversion mechanisms. The results show that the Balanced Residential Conversion Fund policy, regulated through Government Regulations and managed by BP3, provides flexibility for developers while ensuring housing availability for low-income communities. However, three main challenges are identified: (1) absence of clear standards in calculating conversion fund amounts, (2) weak supervision of fund allocation, and (3) inaccurate mapping of housing needs. The research concludes that this policy has the potential to achieve social justice if improved through: (1) establishing transparent formulas for calculating conversion funds, (2) strengthening fund management and accountability systems, and (3) data-based mapping to ensure strategic locations for subsidized housing. With these improvements, Balanced Residential Conversion Funds can become an effective instrument in reducing housing backlog and creating social balance.

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