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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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Protecting Satellite Telecommunication by Limiting the Use of Anti-Satellite Weapons Under International Space Law Maharani, Kania; Tjitrawati, Aktieva Tri; Wulandari, Sinar Aju
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 4 No. 4 (2025): OCTOBER
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v4i4.1934

Abstract

The increasing utilization of outer space has brought about unprecedented opportunities and potential security challenges. The development of anti-satellite (ASAT) weapons has raised concerns about the militarization of space and the potential for conflict. This research examines the legal framework governing ASAT weapons under international space law, focusing on the Outer Space Treaty (OST) and the International Telecommunication Union (ITU) Radio Regulations. It analyzes the limitations of existing legal instruments in addressing the threats posed by ASATs, particularly their potential to generate space debris and disrupt critical satellite infrastructure. This research adopts normative (doctrinal) legal methods by incorporating statutes and conceptual frameworks to analyze primary and secondary legal sources in order to investigate legal standards regarding militarization and disarmament in space. This research highlight that the current legal framework is insufficient to prevent the proliferation and use of ASAT weapons and proposes the development of a new international treaty specifically addressing ASATs. This treaty would provide clearer definitions, stricter regulations, and stronger enforcement mechanisms to ensure the long-term sustainability and security of space activities. This research also explores the role of the ITU in promoting the peaceful and responsible use of outer space through its Radio Regulations and technical expertise. The findings emphasize the need for greater cooperation between the ITU and other international organizations to address the challenges posed by ASAT weapons and ensure the continued benefits of space technology for all humankind.
Analysis of Fiduciary Guarantee Items Transmitted by Debtors from a Legal Perspective Siregar, Dahris
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 4 No. 4 (2025): OCTOBER
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v4i4.1952

Abstract

The demand for finance rises in tandem with the expansion of development activities, and the majority of the money required to satisfy these needs may be acquired through borrowing and borrowing activities, one of which is through financial institutions' services. This study aims to determine the status of the debtor transferred in accordance with the terms of the agreement, ac-cording to the fiduciary guarantee object. and to find out about the credit settlement attempts that the debtor made. Normative juridical research methodology is employed in the scientific study of fiduciary guarantee law. The study's findings indicate that in order to ascertain the legal standing of the fiduciary guarantee object that the debtor transferred, registration is necessary. This gives the creditor legal certainty regarding the fiduciary guarantee object's legal position, and negotiations with the debtor and other parties who consent to the transfer of the fiduciary guarantee object are used to carry out credit settlement activities. The result shows that because the fiduciary guarantee object transmitted by the debtor only registers a portion of the fiduciary promise, it has a weak legal standing, allowing the debtor to transfer the unregistered fiduciary guarantee object. In an attempt to replace the collateral that was transferred to a third party with an item that belongs to the debtor and has a value equal to the transferred collateral, creditors have applied dispute resolution through a non-litigation settlement method that involves negotiation and mediation between the parties.
The Expansion of Legal Application of Military Law on Legal Subjects that Equated with the Military Based on Republic of Indonesia Law Hadi, Ilman; Triadi, Irwan; Sagala, Parluhutan
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 4 No. 4 (2025): OCTOBER
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v4i4.1958

Abstract

A nation as an entity needs a way to maintain its existence as best as possible through its own capabilities through a national military formed to carry out national defense duties. Generally, the term "military" refers only to active and organic military personnel. Subsequently, a group of individuals legally equated with the military emerged. During President Soekarno's administration, Indonesia implemented compulsory military service to encourage greater public involvement in the armed forces. Currently, there are also other groups considered military, including student soldiers, titular military personnel, and citizens mobilized as reserve component troops. The increase and expansion of the number of individuals considered military has an impact on the application of military law, as they are included within the military legal system. The theory of legality is used to analyze this issue qualitatively. The Ministry of Defense is obligated to foster and develop military law in Indonesia, including all military legal entities. Without clear regulations on the application of military law, issues of military judicial jurisdiction over individuals legally equated with the military will arise.
Analysis of The Rejection of Appeals by The Supreme Court in Bankruptcy Cases (Study of Decision Number 374 K/Pdt.Sus-Pailit/2024) Valerie, Candice; Wongso, Aryya Nannda; Roselyn, Priscellia
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 4 No. 4 (2025): OCTOBER
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v4i4.1988

Abstract

Bankruptcy serves as a legal mechanism to resolve debt disputes between debtors and creditors in a fair and balanced manner. In Indonesia, it is governed by Law No. 37 of 2004 on Bankruptcy and Suspension of Debt Payment Obligations, which stipulates that bankruptcy may be declared if a debtor has two or more creditors and fails to pay at least one due and collectible debt. However, in practice, bankruptcy proceedings often generate legal controversies that may extend to the cassation stage at the Supreme Court. One notable example is Supreme Court Decision No. 374 K/Pdt.Sus-Pailit/2024, involving PT Multi Inti Karya (Respondent in Bankruptcy) and PT Citra Harda Mandiri (Petitioner in Bankruptcy). This study examines the legal reasoning behind the Supreme Court’s rejection of PT Multi Inti Karya’s cassation request using a normative juridical approach, emphasizing statutory interpretation and judicial analysis. The Court determined that the Central Jakarta Commercial Court had not misapplied the law, as the cassation arguments merely reiterated issues previously assessed by the judex facti, thereby failing to meet the criteria of Article 30 of the Supreme Court Law. Moreover, although the debtor claimed partial debt repayment, the Court found remaining unpaid obligations, satisfying the legal elements for bankruptcy. This decision underscores two key principles: (1) cassation in bankruptcy cases must be based strictly on errors of legal application, not factual repetition; and (2) partial payment does not absolve the debtor’s liability when outstanding debts remain.
Legal Certainty for Creditors on Subsidized Home Ownership Loan Collateral Based on Law Number 4 of 1996 Concerning Mortgage Rights Suwarsono, Maria Angelina; Maramis, Ronny A.; Tampongangoy, Grace H.
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 4 No. 4 (2025): OCTOBER
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v4i4.1991

Abstract

Subsidized Mortgage (KPR) serves as a crucial government policy instrument aimed at fulfilling the housing needs of low-income communities. This financing scheme involves a credit agreement between banks and debtors, where the main collateral is secured through Mortgage Rights over land, formalized via a Deed of Granting Mortgage Rights (APHT). However, in practice, delays in executing APHT are common, prompting banks to initially use a Power of Attorney to Encumber Mortgage Rights (SKMHT). This practice raises concerns regarding legal certainty for creditors, especially when debtors default while the mortgage rights have not been formally registered. Such issues are reflected in the high rate of Non-Performing Loans (NPL) and unresolved certificate issuance cases. This research aims to analyze the legal regulation of collateral in Subsidized Mortgages based on Law Number 4 of 1996 concerning Mortgage Rights and to examine the juridical implications for creditors when guarantees have not been fully established. The study employs a normative legal research method with a juridical-normative approach, utilizing primary, secondary, and tertiary legal materials analyzed qualitatively through legal identification and doctrinal review. The findings indicate that while Mortgage Rights provide preferential legal standing for creditors, implementation challenges persist due to administrative inefficiencies, delays by Notaries or Land Deed Officials (PPAT), and complications from developers. Although the law grants time flexibility for SKMHT in subsidized mortgage schemes, it inadvertently creates potential legal uncertainty. Therefore, strengthening regulatory enforcement, expediting APHT processes, and enhancing oversight mechanisms are imperative to ensure legal certainty and protection for all stakeholders.

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