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POLICY, LAW, NOTARY AND REGULATORY ISSUES (POLRI)

POLRI
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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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ANALYSIS OF THE IMPLEMENTATION OF LAW IN EVERY LEVEL OF SOCIETY IN INDONESIA Hutabarat, Dany Try Hutama; Salam, Agus; Zuwandana, Ahmad; Al Azmi, Chairanda; Wijaya, Chandra Ridho; Darnita; Tania, Ira; Lubis, Lili Kahirina Azhari; Sitorus, Muhammad Aldi Prayuda; Adawiyah, Robiatul; Sinaga, Rizky
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 1 No. 2 (2022): APRIL
Publisher : Transpublika Publisher

Social stratification is a system in the social order that divides individuals into social classes. Finally, the social class will differentiate both the level and the rights and obligations of each individual in the class. The basis and core of a social stratification system is that there is an imbalance in the acquisition of rights and obligations, as well as responsibilities, between each individual and group in a series of social systems. The purpose of this research is to examine how law is applied at every level of society in Indonesia. This article was written using a qualitative technique, and it is designed to provide theoretical and practical usefulness to the community. According to the discussion, a social stratification system is one in which there is a distinction between one class or groups in standardized classes. Furthermore, there is evidence that there is a disparity between class stratification and law enforcement in Indonesia. As a result, law enforcement should be carried out in line with the applicable laws that have been jointly agreed upon in order to avoid creating a new long-term problems.

EFEKTIFITAS PENERAPAN TILANG ELEKTRONIK TERHADAP PELANGGARAN LALU LINTAS DI WILAYAH HUKUM POLDA METRO JAYA Suriadi, Erik; Kristiawanto; T. Paparang, Santrawan
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 1 No. 2 (2022): APRIL
Publisher : Transpublika Publisher

The use of motorized vehicles in everyday life can have a negative impact, namely congestion and traffic accidents resulting from traffic violations so that it requires law enforcement efforts which are currently using electronic ticketing, but it can become aproblem if the motorized vehicle involved in traffic violations has change ownership or be driven by someone else. This research is anempirical juridical study using a case approach. Data collection techniques through field research. The results showed that the effectiveness of the application of electronic ticketing against traffic violations in the jurisdiction of Polda Metro Jaya has notbeen maximal in overcoming traffic violations because the ETLE camera can only detect certain types of violations. Factors thataffect the effectiveness of the application of Electronic Tickets are legal substance factors that have not been regulated in the Chief of Police Regulation, law enforcement factors, facilities or facilities factors, community legal culture factors, and natural or environmental factors.

TECHNICAL SECURITY IN ITE LAW AND COPYRIGHTS OF DEVICES AND SYSTEMS Dalimunthe, Septian Rizky; Pujawati, Sri Anisa; Sitorus, Akmal Satria Alvin
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 1 No. 2 (2022): APRIL
Publisher : Transpublika Publisher

Copyright is the creator's or recipient's exclusive right to publish or reproduce his work, or to grant permission to do so, without reducing the restrictions imposed by applicable laws and regulations. This research aims to determine how the legal protection of creators for the use of illegal software is based on the Copyrights Law No. 19 of 2002. The study employs normative law research methods, as well as secondary data obtained through library research. According to the findings, product piracy costs the creator both financially and morally, as well as having an economic impact on the country. Aside from that, using pirated software raises a fatal risk because malware/viruses can easily infiltrate software, opening the way for cyber attacks. As a consequence, it is recommended that legal proprietary software be used for work, learning, or other software-related activities. If people are unable to obtain legal software due to a lack of resources, they should consider other options, such as open source software that is available for free. Furthermore, proprietary software (closed) vendors must be able to offer reasonable prices. If a person or company infringes on another's copyright, they could face criminal charges or civil lawsuits.

LEGAL CERTAINTY REGARDING THE IMPOSITION OF CRIMINAL EXTORTION SANCTIONS INVOLVING COMMUNITY ORGANIZATIONS (ORMAS) Susanto, Heri; Sinaulan, Ramlani Lina; Ismed, Mohamad
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 1 No. 2 (2022): APRIL
Publisher : Transpublika Publisher

The purpose of this study is to examine the legal certainty afforded to community organizations that commit extortion, as well as to analyze and propose criminal punishments against community organizations that commit extortion. The method utilized in this study is normative legal research, which is conducted in order to elicit the relevant data for the topic. The data used are secondary data and tertiary legal materials. The data analysis was conducted utilizing a qualitative method of legal analysis. According to the findings of this study, the government must be resolute in enforcing the law against a person who is a member and/or administrator of a community organization and who intentionally and directly or indirectly violates the provisions, including extortion, violence, and disturbing the peace and order. destroying public and social facilities, committing acts of hostility against ethnicity, religion, race, or class; engaging in separatist activities that jeopardize the Unitary State of the Republic of Indonesia's sovereignty; and adhering to, developing, and spreading teachings or understandings contrary to Pancasila. To ensure legal certainty for a person acting in conformity with existing legal provisions, Community Organizations are not an exception; on the contrary, Community Organizations lack legal certainty. Articles of extortion and threats as defined in Article 368 paragraph (1) of the Criminal Code (KUHP) criminal sanctions imposed on individual Ormas who commit the extortion crime specified in Article 368 of the Criminal Code still do not satisfy the community's sense of justice because the threats are only 9 (nine) years in prison, with no fines or other additional penalties to the organization concerned.

LEGAL PROTECTION OF PORNOGRAPHIC BEHAVIOR THROUGH SOCIAL MEDIA IN INDONESIA Sanjaya, Titus Adhi; Sinaulan, Ramlani Lina; Ismed, Mohamad
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 1 No. 2 (2022): APRIL
Publisher : Transpublika Publisher

This study aims to analyze and find legal protection against pornographic behavior in the context of divergent legal perspectives and the right to work, particularly via social media, as well as legal certainty and protection regarding the application and behavior of action porn and pornographic activities in Indonesia. This study is a descriptive analytic study. This study takes a normative legal approach through the use of the statutory approach and the conceptual approach. Researchers collect legal materials using the following strategies: Literature Studies, that is data collection techniques including the collection of reading materials, such as laws and regulations, as well as documents pertaining to the aforementioned issues. This technique is used to look for concepts, hypotheses, or viewpoints on a subject. The finding reveals that Criminal acts or pornographic crimes committed via mass/social media are prohibited under several laws, including the Criminal Code, Law No. 8 of 1992 concerning film, Law No. 36 of 1999 concerning telecommunications, Law No. 40 of 1999 concerning the press, Law No. 32 of 2002 concerning broadcasting, Law No. 11 of 2008 concerning information and electronic transactions, and Law No. 44 of 2008 concerning pornography. The existing positive criminal law governing pornography is silent on the principles used to define criminal activities and criminal responsibility. This situation frequently results in disagreements and also divergent approaches to the enforcement of criminal law in Indonesia.

PRE-TRIAL: THE SUSPECTS' ULTIMATE WEAPON AND CORRECTION TOOL FOR INVESTIGATORS TO BE MORE PROFESSIONAL FROM THE PERSPECTIVE OF LEGAL EXPEDIENCY Luter, Albertus; Sinaulan, Ramlani Lina; Ismed, Mohamad
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 1 No. 2 (2022): APRIL
Publisher : Transpublika Publisher

This study aims to determine the practice of holding pretrial hearings in Indonesia changed in the aftermath of the 2014 constitutional court ruling 21 / PUU-XII / 2014 as well as legal expediency accrue from pre-trial actions against suspects' determinations, both for the suspect himself and for the suspect. This study is a descriptive qualitative research with the use of normative legal research with primary data collection namely Court Decisions, Legislations which are analyzed using Legislative approaches, Case Approaches and Analytical Approaches. The findings reveal that Pretrial hearings were implemented in Indonesia following the constitutional court's decision Number: 21 /PUU-XII/2014, creating a new legal phenomenon in which suspects flocked to file pretrial legal efforts, which naturally clogged up relevant state institutions such as POLRI, KPK, the Prosecutor's Office as well as the District Court, where pretrial which had previously been viewed as a less popular legal effort, was instantly weakened as if it Advocates defending suspects and on the other hand, related institutions can prepare themselves by enacting a series of regulations requiring increased prudence in determining suspects in order to "survive" the new weapons of suspects known as Pretrial. However, when viewed through the lens of legal expediency, it is a positive thing for investigators because it means that Pretrial can be used as a tool of correction.

LEGAL PROTECTION OF CONSUMER OWNER OF FLAT ON WITHDRAWAL OF ENVIRONMENTAL MANAGEMENT CONTRIBUTIONS (IPL) ACCORDING TO GOVERNOR REGULATION NO. 133 OF 2019 Bantolo, Arief Setyo; Ismail; Ismet, Mohamad
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 1 No. 2 (2022): APRIL
Publisher : Transpublika Publisher

This paper discusses the legal protection of consumers of apartment owners for the withdrawal of environmental management fees (IPL) in accordance with Governor Regulation No. 133 of 2019. The approach method used in this legal research is a normative juridical approach which is supported by empirical juridical by detailing the description, namely a research that begins deductively analyzing the articles in the legislation. The construction of flats in Indonesia is based on Law Number 20 of 2011 concerning Flats, the law also requires that if the apartment unit already has occupants or has been occupied, it is required to form an association of flat occupants. This obligation must be carried out by the occupants and by the development organizer, which means that every construction of a flat unit is required to form an Association of Residents of Flats (P3SRS) which is a legal entity. The researcher found the problem that the need for legal protection for residents of apartment units in the field of apartment management, there is a shopping center that was established based on Law Number 20 of 2011 concerning Flats in the form of flats, and the Governor Regulation No. 133 of 2019 which has been established for a long time and formed an apartment unit, but has not yet formed an association that is a legal entity.

ANALYZING THE RELATIONSHIP BETWEEN LAW AND TECHNOLOGY Hutabarat, Dany Try Hutama; Efendi, Muhammad Azhari; Fatwa Str, Muhammad; Prayoga, Nanda
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 1 No. 2 (2022): APRIL
Publisher : Transpublika Publisher

This study aims to find out the relationship between two different field, namely law and information technology, which both aim to improve human welfare. This study employs normative research, which entails evaluating or analyzing secondary data derived from primary, secondary, and tertiary legal materials, which is then assessed descriptively, comparatively, and qualitatively before being encouraged to provide answers to the issues under consideration. Law along with the growth of social life, while information technology exists when the human need for a better life is so important. Thus, the law is needed to control the use of information technology in every side of human life. On the other hand, information technology is needed to help implement the law properly, because of human limitations in collecting and processing so much information. Information technology continues to grow rapidly, expanding into other fields, but this growth is not accompanied by control rules in its application. Generally, in Indonesia laws and regulations regarding the application and use of information technology are slow, and when a law is launched the challenges of legal backwardness are already evident. The legal technology perspective tries to look at things that might be taken into consideration in understanding the possibilities of resolving the lagging laws and regulations compared to the growth of information technology.

ANALYSIS OF DEBTOR'S EFFORTS IN SETTLEMENT OR IMPLEMENTING CREDIT OBLIGATIONS DURING THE NON-NATURAL NATIONAL DISASTERS OF THE COVID-19 PANDEMIC Barus, Artanta; Chandra, Tofik Yanuar; Sinaulan, Ramlani Lina
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 1 No. 2 (2022): APRIL
Publisher : Transpublika Publisher

Due to Covid-19 pandemic many debtors unable to fulfill their obligations to creditors in a credit agreement. Such conditions rising the opinion and/or use the Covid-19 Pandemic as an excuse for debtor not to fulfill their obligations to creditors in a credit agreement on the grounds of forced circumstances (overmacht). This study aims to find out the debtor's efforts in settlement or implementing credit obligations during the non-natural national disasters of the covid-19 pandemic. The type of research used is normative legal studies, which are conducted through a process of legislation and regulatory evaluation. In terms of technique, scientifically normative legal science disclosure methods are constrained by deductive logic criteria. This study employed normative legal research methods. This method investigates law from an internal juridical standpoint, examining legal norms, legal conceptions, legal principles, and legal doctrines. The technique taken in this research is a legal and conceptual one, with primary and secondary legal material sources. The technique for collecting legal materials is to assess all books relevant to the subject of the research, and then compile them in a quantifiable and systematic manner. The findings highlight that with the prevailing laws and regulations due to the Covid-19 Pandemic, business actors are given legal certainty for business loans made in this case debtors, both individual debtors and business entity debtors, so that the impact of credit risk caused by the Covid-19 pandemic can be overcome properly and does not cause a debate over credit conditions during the Covid-19 Pandemic.

APPLICATION OF CRIMINAL SANCTIONS AGAINST CHILDREN AS A PERPETRATORS OF ABUSE THAT CAUSE DEATH FROM THE JUVENILE CRIMINAL JUSTICE SYSTEM PERSPECTIVE Lestari, Novita; Chandra, Tofik Yanuar; Paparang, Sanrawan
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 1 No. 3 (2022): JULY
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (395.772 KB)

The main objective of this study is to describe the application of criminal sanctions against children who commit acts of abuse that result in death, as well as the legal protection from the viewpoint of the Juvenile Criminal Justice System. This study employs a normative juridical legal research research methodology; the technique used in this legal research is statutory, case-based, and conceptual approach. The study's study found that the legal regulation of children who commit violent crimes under the Criminal Code does not reflect an authentic understanding of what constitutes violence. Only in article 89 of the Criminal Code does it indicate that what constitutes committing violence causes individuals to faint or become helpless (weak). Along with Article 89 of the Criminal Code, Article 170 is one of the articles included in Book II on Crime's Chapter V headed "Crimes against Public Order." Consequently, the criminal conduct as defined in Article 170 is first and foremost a criminal act that violates or disturbs public order. Criminal responsibility for children who commit acts of physical violence that result in death is tied to the arrangement in Article 351 paragraph (3) of the Criminal Code, as criminal responsibility is imposed on children when the child is found to have fulfilled the criminal element through an error committed by the child, violence committed by the child, and victims who are victims of physical violence are known to have died at the time or after the physical violence was committed.

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Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Veri Hardinansyah Dja'far

Contact Email admin@transpublika.co.id

Phone +6281234560500

Journal Mail Official admin@transpublika.co.id

Editorial Address Bumi Royal Park Blok A-14 Bumiayu, Kedungkandang, Malang East Java, Indonesia

Location Kota malang, Jawa timur INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
Veri Hardinansyah Dja'far

Contact Email
admin@transpublika.co.id

Phone
+6281234560500

Journal Mail Official
admin@transpublika.co.id

Editorial Address
Bumi Royal Park Blok A-14 Bumiayu, Kedungkandang, Malang East Java, Indonesia

Location
Kota malang,

Jawa timur

INDONESIA