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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 234 Documents
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Sexual Harassment Without Legal Recourse: The Dilemma Between Culture and Justice Ahmad Khunaepi; Ahmad Suhendra
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.v5i1.2049

Abstract

Sexual harassment refers to any act or behavior of a sexual nature that is carried out without consent and causes discomfort, humiliation, or threat to the victim. The goal of this research is to analyze legal solutions to sexual harassment cases from a social cultural and legal perspective. This study implemented a qualitative descriptive research method using a Systematic Literature Review approach. Researchers collected data by gathering various literature, both from books and scientific articles from national and international journals related to the research objectives. The data analysis used in this study involves evaluating data feasibility. The results show that the presence of the TPKS Law (Law Number 12 of 2022) and the New Criminal Code (Law Number 1 of 2023) plays a very important function in preventing sexual harassment. TPKS Law underscores the importance of integrating legal principles with social values, guaranteeing that statutory provisions are in accordance with human rights standards and gender equality. On the other hand, the Code establishes clearer definitions and broader categories of sexual misconduct, guaranteeing that harassment acts are explicitly acknowledged as criminal offenses. The implementation of the TPKS Law and the New Criminal Code must be firm in the field in protecting victims and providing a deterrent effect on perpetrators of sexual violence crimes. Therefore, there is a need for integration of normative legal and socio-cultural solutions to sexual violence with open public dialogue and cross-sector collaboration among stakeholders.
The Childfree Choice: Perspectives from Islamic Law and Indonesian Marriage Law (No. 1 of 1974) Nur Aziz; Reza Fahlevi Nurfaiz
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.v5i1.2051

Abstract

The childfree phenomenon refers to the conscious choice of individuals or couples not to have children, either biologically or through adoption. In Indonesia, this choice raises legal tensions between personal autonomy and the normative framework of the Marriage Law. Law Number 1 of 1974, as amended by Law Number 16 of 2019, positions marriage as oriented toward family continuity and procreation, yet it does not explicitly mandate childbearing. This study analyzes the childfree phenomenon through two lenses: the legal framework of the Marriage Law and socio-cultural and Islamic perspectives that shape public understanding of marriage and family. Using a qualitative approach with a normative legal method, the study finds that the childfree choice exposes a gap between statutory language and social expectation. While the law emphasizes family continuity, it lacks clear recognition of couples’ decisions to remain childfree, creating potential bias in judicial practice and raising constitutional questions regarding equality, privacy, and self-determination—particularly for women who face social pressures. The interpretive space left by the Marriage Law allows some flexibility for childfree couples, but moral, communal, and religious values often overshadow this statutory neutrality. Ultimately, the childfree phenomenon in Indonesia is both a legal and socio-religious issue. It highlights the need for greater recognition of individual rights within the marital framework while addressing the societal and religious norms that influence perceptions of marriage, family, and reproductive choice.
Legal Certainty of Restitution for Victims of Human Trafficking Crimes Maulana Hilal Adnan; Yuni Priskila Ginting
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.v5i1.2063

Abstract

Case Number 7834 K/Pid.Sus/2024 concerns a human trafficking offence in which the cassation ruling imposed custodial punishment and mandated restitution calculated by the Witness and Victim Protection Agency (LPSK). This research is motivated by the need to protect victims' rights through restitution, despite ongoing implementation issues. Focusing on the degree of legal certainty in the implementation of restitution, this study analyzes the relevant decision through a normative juridical lens. The methodology incorporates statutory, conceptual, and case-based approaches, all of which are applied to secondary data consisting of primary legal sources, secondary literature, and tertiary references. The results showed that legal certainty regarding restitution for victims of human trafficking still faces various obstacles in Law No. 21 of 2007, which does not clearly regulate how to calculate, determine, and enforce compensation payments. The Supreme Court's decision in this case fills a legal void in Law No. 21 of 2007 by emphasizing that restitution must be calculated accurately based on the actual losses suffered by the victim, and recognizing the LPSK's calculation as a valid basis for determining the amount of restitution. It was concluded that the Supreme Court ruling strengthens legal certainty by legitimizing the LPSK's assessment, thereby providing a more concrete mechanism for enforcing restitution. The findings are expected to generate recommendations for law enforcement authorities and LPSK on the significance of enforcing restitution as an integral component of restoring victims’ rights and achieving justice in human trafficking cases.
Reconstructing Legal Responsibility for the Dissemination of False News Containing Discrimination to Achieve Justice Abraham Kateyau; Eriyantouw Wahid; Endang Pandam
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.v5i1.2067

Abstract

Crimes within social media networks are highly susceptible to occur due to anonymity and ease of electronic communication. However, law enforcement against perpetrators of false news and discriminatory defamation in Indonesia faces significant legal uncertainty due to multiple interpretations of key provisions in the Electronic Information and Transactions (ITE) Law. This research addresses regulations on designating suspects who spread false news on social media, and the reconstruction of criminal liability for spreading hoaxes and discriminatory defamation through social media in Indonesia. Using a normative juridical method with comparative legal analysis which examining Indonesia’s ITE Law alongside Malaysia’s Communications and Multimedia Act 1998 and Singapore’s Protection from Harassment Act, the results indicate that reconstructing legal responsibility is necessary when false, discriminatory content, including SARA-based speech, spreads. This should be achieved through measured sanctions providing a deterrent effect to maintain societal order. Without this, law enforcement against such acts is undermined. However, implementing the ITE Law faces challenges, including multiple interpretations, human rights concerns, and digital evidentiary constraints. Therefore, it is recommended to revise legal norms for clarity and promote digital literacy education so the public can identify accurate information. Fair, proportional law enforcement is crucial to balance freedom of expression with protection from discrimination.
The Effectiveness of Police Intelligence in Handling Mining-Related Crimes: Evidence from Kutai Kartanegara (2023-2025) Redika Adytia Silalahi; Surya Nita; Sylvia Prisca Delima
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.v5i1.2072

Abstract

Illegal mining remains one of the most persistent criminal challenges in Kutai Kartanegara, marked by recurring hotspots, organized operations, and frequent use of heavy machinery. Police records from 2023–2025 show fluctuating yet consistently high activity, totaling twenty cases. While several cases advanced to Stage II (P21) and were transferred to the District Attorney, many remained at the inquiry stage, revealing weaknesses in intelligence detection, evidence gathering, and identification of broader criminal networks. This study examines how police intelligence investigations are conducted, the operational challenges encountered, and the effectiveness of intelligence-led policing against illegal mining. Using qualitative field research, the study combines non-participatory observation and semi-structured interviews with key officials, including the heads of the Criminal Investigation Unit, Intelligence Unit, and General Crime Sub-Unit. Primary field data are supported by police documents, regulations, and previous academic literature, then analyzed through descriptive qualitative methods and triangulation. Findings show strong tactical capability in detecting active sites and advancing cases to Stage II. However, major limitations persist: difficult access to remote areas, limited surveillance technology, weak inter-agency coordination, and difficulty mapping networks beyond field operators. Consequently, illegal mining repeatedly occurs in the same locations, indicating current intelligence practices are insufficient for long-term prevention. Strengthening analytical capacity, improving technological support, and enhancing collaboration are essential to increase enforcement effectiveness.
Indications of Unfair Business Competition in Tiktok's Acquisition of Tokopedia Shares Pryanka Humaira Febriandhara; Sinar Aju Wulandari
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.v5i1.2108

Abstract

The development of digital technology has driven significant transformation in the business world, including the emergence of e-commerce as a new form of trade activity. One of the cases that has arisen as a result of this development is the acquisition of Tokopedia shares by TikTok. This acquisition is considered to indicate potential unfair business competition. This research aims to analyze whether the acquisition of Tokopedia shares by TikTok shows signs of unfair business competition and whether there have been legal measures taken by the Indonesian Competition Commission (KPPU) in response. The research employs a statute approach, a case study, and a conceptual approach. The results of the study indicate that there are signs of unfair business competition in the acquisition of Tokopedia by TikTok. KPPU has also carried out its supervisory function by conducting an assessment and issuing a conditional approval as part of its efforts to maintain fair business competition.
Sharia Compliance and Implementation of Zakat Distribution Governance (Case Study of Al-Hidayah Mosque Citeras Lebak Banten) Rizkiyah, Siti Wardah; Azizah, Mila
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 5 No. 2 (2026): APRIL
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v5i2.2070

Abstract

The implementation of zakat fund governance at the Dewan Kemakmuran Masjid (DKM) or Mosque Prosperity Council of the Al-Hidayah Mosque in Citeras, Lebak Banten, still operated within a traditional and poorly structured framework. This study aimed to analyze sharia compliance in the zakat distribution practices carried out by the Al-Hidayah Mosque Council (DKM) to zakat recipients (mustahik). This study combines field observations with doctrinal legal analysis using a qualitative normative-empirical methodology, with legal normativity analysis. The governance of zakat funds at the Al-Hidayah Mosque’s DKM remains largely traditional and has not fully aligned with sharia compliance principles, particularly in ensuring accurate targeting of zakat recipients (asnaf). Nevertheless, efforts have been made to adopt PSAK No. 109, which emphasizes accountability and transparency in zakat management. The mosque’s management also seeks to fulfill the mandate of Law No. 23 of 2011, Article 1, which defines zakat management as the planning, implementation, and coordination of zakat collection, distribution, and utilization. In practice, zakat distribution at Al-Hidayah Mosque has been directed to eligible asnaf groups, consistent with Article 27 of the same law, which allows zakat to be used productively to alleviate poverty and improve community welfare. However, zakat governance at the mosque still requires improvement, particularly through coordination with provincial and district/city BAZNAS, as mandated by Article 31 of Law No. 23 of 2011, which authorizes these institutions to collect and distribute zakat. The DKM of Al-Hidayah Citeras Lebak Mosque must also implement the Zakat Core Principles and strengthen zakat governance aspects.
Child Sexual Crimes in Bali: A Criminological Review of Prevention and Policy Roger Paulus Silalahi; Riska Sri Handayani; Vita Mayastinasari
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.v5i1.2095

Abstract

As one of Indonesia’s leading international tourism destinations, Bali faces increased interaction between visitors and vulnerable local communities, creating situational opportunities for exploitation. This research examines the persistence and dynamics of child sexual violence in Bali, with a particular focus on Child Sex Tourism (CST). Likewise, this study analyzes structural and situational factors contributing to child sexual crimes and evaluates institutional responses. Using a qualitative descriptive and documentary research design, the study integrates data from the Bali Regional Commission for Women and Child Protection (KPPAD), the Bali Office for Women and Child Empowerment (Dinas P3A), and the national SIMFONI PPA database for 2022–2024. The analysis follows the Miles and Huberman model of data reduction, display, and conclusion drawing. Findings show sexual violence accounts for about 40–45% of reported child violence cases, indicating a structural rather than incidental problem. Most victims are adolescent girls from low-income families working in tourism-related sectors, while offenders are typically adult males within the victims’ social environment. Although institutional mechanisms such as SAPA 129 and Village Protection Units exist, implementation remains fragmented, marked by low reporting rates and weak inter-agency coordination. By integrating Criminal Policy Theory and Routine Activity Theory, the study concludes that prevention requires both legal reform and community-based guardianship, including education, digital literacy, and tourism-sector monitoring. However, a gap persists between regulatory frameworks and enforcement, especially in informal tourism and online spaces, making current protection strategies largely reactive rather than preventive.
Tax on Land and Building Acquisition (BPHTB) Imposition Following Binding Sale and Purchase Agreements Under Law No. 1 of 2022 Benita Dita Rezanti; Moh Saleh
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.v5i1.2127

Abstract

Local taxes are a crucial instrument for achieving regional independence by optimizing local revenue, notably through the Tax on Acquisition of Land and Building Rights (BPHTB). BPHTB is imposed on every acquisition of such rights and must be regulated by law as mandated by Article 23A of the 1945 Constitution. Recent tax reform through fiscal decentralization has altered the regulation of when BPHTB is payable. Specifically, Article 49 letter a of Law Number 1 of 2022 stipulates that BPHTB is payable on the date of signing the Sale and Purchase Agreement (PPJB). This provision is reinforced by Government Regulation Number 35 of 2023 and was recently constitutionally tested; the Constitutional Court Decision Number 117/PUU-XXI/2023 rejected the judicial review request concerning this norm. This study analyzes the legal implications of designating the PPJB as the basis for determining BPHTB liability and the legal protection available for buyers. The research method used is normative legal with a legislative and conceptual approach. The findings indicate that determining the PPJB as the basis for imposing BPHTB potentially creates legal uncertainty and disadvantages for buyers. This is because, legally, the acquisition of rights to land and/or buildings only occurs after the signing of the Deed of Sale and Purchase (AJB) before a Land Deed Official (PPAT) and its subsequent registration, in accordance with prevailing laws and regulations. Consequently, harmonization of norms is necessary to ensure legal certainty and fairness for taxpayers.
The Role of the Regional Technical Implementation Unit for the Protection of Women and Children (UPTD PPA) in Addressing Violence Against Women and Children in Denpasar City Anak Agung Ayu Krisna Dewi; Ni Luh Made Mahendrawati; Ni Komang Arini Styawati
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.v5i1.2138

Abstract

In accordance with the Regulation of the Minister of Women’s Empowerment and Child Protection Number 4 of 2018 concerning Guidelines for the Establishment of Regional Technical Implementation Units for the Protection of Women and Children, subsequently operationalized at the local level through the Regulation of the Mayor of Denpasar Number 25 of 2018, the Regional Technical Implementation Unit for the Protection of Women and Children (UPTD PPA) is entrusted with the statutory duty to provide protection services and to administer the handling and resolution of cases involving violence against women and children. Nevertheless, despite the institutional establishment of the UPTD PPA, the number of violence cases remains relatively high, and many incidents are still unreported, resulting in victims not receiving proper protection and follow-up handling. This condition diverges from the principal objective underlying the establishment of the UPTD PPA, which is intended to prevent, mitigate, and address acts of discrimination and violence against women and children. Accordingly, this study adopts an empirical legal research method employing a juridical, empirical approach to examine legal provisions in conjunction with their implementation in societal practice. The study findings indicate that the implementation of the UPTD PPA’s role has not yet operated effectively, primarily due to the complexity of violence cases that require coordination among various institutions with different authorities and functional responsibilities, thereby affecting the optimal delivery of protection and case-handling services.

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