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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 216 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
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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
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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.
Legal Legitimacy of Fiscal Discretion in State Fund Placement Policy Fatria, Dhara Syera; Sagala, Parluhutan; Widodo, Pujo; Lubis, Arief Fahmi
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 5 No. 1 (2026): JANUARY
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v5i1.2042

Abstract

Indonesia’s fiscal management framework grants the government authority to implement policies that sustain national economic stability within the bounds of legality and accountability. One such policy is the 2025 State Placement Program, established through the Minister of Finance Decree No. 276 of 2025, which allocates IDR 200 trillion of public funds to state-owned banks to enhance liquidity and support growth.  This study addresses the legal ambiguity surrounding this policy and aims to assess whether such discretion is legally and administratively legitimate within Indonesia’s fiscal governance framework. Using a normative-juridical method, the research analyzes its legal basis, mechanisms of accountability, and institutional coordination, particularly regarding the management of the Accumulated Budget Surplus (SAL) and the authority of the State General Treasurer (BUN). The findings show that fiscal discretion in this policy is legally justified when exercised according to statutory mandates and subject to transparent reporting under the State Revenue and Expenditure Budget Law (APBN). However, its implementation requires clear coordination within the Financial System Stability Committee (KSSK). The study concludes that the decree is a valid exercise of fiscal authority but necessitates stronger safeguards linking SAL and the APBN, reinforced institutional coordination, and risk-based monitoring to ensure compliance with the rule of law. The implications of this study highlight the importance of aligning discretionary fiscal actions with constitutional oversight mechanisms to preserve legality and public accountability in Indonesia’s financial administration.
Analysis of The Resolution of Traffic Accident Cases Involving Electric Bicycles in The Jurisdiction of The Sula Islands Police Anwar, Rinaldi; Setyabudi, Chairul Muriman; Runturambi, Arthur Josias Simon
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 5 No. 1 (2026): JANUARY
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v5i1.2111

Abstract

Traffic accidents involving electric bicycles in the Sula Islands continue to increase; however, regulatory gaps and low levels of safety awareness make case resolution by the police more complex, requiring adaptive and effective legal strategies that are aligned with local social conditions. This study aims to analyse the application of law, case resolution mechanisms, and factors influencing the handling of traffic accidents involving electric bicycles within the jurisdiction of the Sula Islands Police. The study is grounded in several theoretical and conceptual frameworks, including Progressive Law Theory, Public Policy Theory, Management Theory, Traffic Accident Concept, Electric Bicycle Concept, Restorative Justice Concept, Community Policing Concept, Case Resolution Concept, and Police Science Concept. A qualitative case study method is employed to examine empirical conditions and law enforcement practices. The findings indicate that law enforcement in electric bicycle accident cases is constrained by the absence of regional regulations, leading to reliance on supervision and appeals; case settlement therefore adopts an adaptive, restorative justice-oriented approach focused on victim recovery, accountability, and community involvement; and effectiveness is determined by officer competence, resource availability, and integrated, flexible working methods. Overall, this study underscores the urgency of strengthening local regulatory frameworks and institutional capacity to ensure legal certainty, public safety, and substantive justice in a sustainable manner.
Juridical Analysis of the Rejection of Judicial Review (PK) in the Case of PT Mas Murni Indonesia, Tbk (in Bankruptcy): A Review of Supreme Court Decision No. 21 PK/Pdt.Sus-Pailit/2025 Tjandra, Sheren Michi; Ely, Claureria Angie; Angelica, Angelica; Silalahi, Udin; Saragih, Joy Zaman Felix
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 5 No. 1 (2026): JANUARY
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v5i1.1997

Abstract

Judicial Review is an extraordinary legal remedy designed to uphold legal certainty and justice in civil cases, including bankruptcy proceedings. This paper examines the application of Judicial Review in the bankruptcy case of PT Mas Murni Indonesia, Tbk, based on Supreme Court Decision No. 21 PK/Pdt.Sus-Pailit/2025. The study emphasizes the role of PK as a corrective mechanism against final and binding decisions, as well as the legal reasoning employed by the judges in reaching their verdict. PK in bankruptcy cases carries distinct characteristics, as it involves balancing the rights of creditors and debtors while ensuring legal certainty within the business sphere. The scope of PK is strictly limited by statutory provisions, particularly Law No. 37 of 2004 on Bankruptcy and Suspension of Debt Payment Obligations (PKPU) and Law No. 48 of 2009 on Judicial Power. This research adopts a normative juridical method with statutory and case approaches, utilizing primary legal materials on bankruptcy and extraordinary remedies. Qualitative analysis reveals that despite its limited scope, PK plays a significant role in correcting misapplications of law with substantive justice implications. In the case of PT Mas Murni Indonesia, Tbk, the Supreme Court emphasized the necessity of balancing legal certainty with fairness and utility. Accordingly, this study contributes to a deeper understanding of the dynamics of Judicial Review in bankruptcy cases and illustrates how Indonesian judicial practice strives to achieve justice in line with the ultimate purpose of law.
The Role of Investigators in Ensuring Criminal Mediation Compliance in Restorative Justice Tampubolon, Hardista Pramana
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 5 No. 1 (2026): JANUARY
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v5i1.2030

Abstract

The Indonesian criminal justice system is currently still dominated by a retributive approach, which tends to neglect victim recovery and social relations. As an alternative, restorative justice has been introduced to resolve criminal cases through penal mediation between perpetrators and victims. However, in practice, many mediation agreements are not implemented (breach of contract), threatening the effectiveness of restorative justice. This study aims to analyse the role of investigators from the General/Jatanras Sub-Directorate of the Metro Jaya Regional Police Criminal Investigation Directorate in preventing the failure to implement peace agreements in the penal mediation process. The method used is normative-empirical legal research with a qualitative approach. Data collection techniques included interviews, observation, and documentation, with data analysis using the Miles and Huberman technique and triangulation verification. The results of the study show that investigators play an active role as facilitators, mediators, agreement drafters, and supervisors of the implementation of agreements. Investigators also play a preventive and repressive role in anticipating default, and contribute to victim recovery by creating a safe and supportive space for dialogue. This study concludes that the success of restorative justice is highly dependent on the capacity and integrity of investigators in ensuring that peace agreements are fully implemented. The uniqueness of this study lies in its emphasis on the substantive role of investigators in bridging legal values and social needs, as well as filling the normative void in the supervision of the implementation of penal mediation.
Additional Conditions in Marriage Contracts in North Kalimantan: Between Local Wisdom and Legality of Islamic Law Evendi, Muh; Jalil, Dul
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 5 No. 1 (2026): JANUARY
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v5i1.2048

Abstract

Marriage contracts are often accompanied by local phenomena in the form of additional requirements proposed by either party. The goal of the research is to analyze the additional Conditions in Marriage Contracts in North Kalimantan based on the legal Perspective, normative conflicts, and its impact to the socio legal aspect. This study employs a doctrinal legal approach (juridical-normative) to examine the validity of additional conditions in marriage contracts based legal materials including Law Number 1 of 1974, the Indonesia Civil Code (KUHPerdata), the Compilation of Islamic Law, and Government Regulation No. 9/1975. The result of the research is in the practice of including additional conditions in marriage contracts in North Kalimantan illustrates the profound impact of local wisdom. For example, the Bugis community enforces uang panai (dowry), several traditional rituals among the Bulungan community, and also Tidung cultural traditions. From a legal perspective, the additional conditions in marriage contracts should be viewed in light of Law No. 1 of 1974 on Marriage, Government Regulation No. 9 of 1975, Compilation of Islamic Law (KHI), and Civil Code or KUHPerdata. Conditions such as uang panai in Bugis tradition or symbolic rituals in Bulungan and Tidung communities may be recognized as cultural practices, but they do not carry binding legal force under civil law unless incorporated into a formal marriage agreement that complies with the provisions of KUHPerdata. Furthermore, additional requirements in a marriage contract not only impact the immediate couple involved but can also influence broader social dynamics.

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