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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 222 Documents
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The Existence of the Lex Certa Principle in the Construction of the Crime of Illicit Enrichment in the Criminal Law System of Timor-Leste Aderito Antonio Pinto Tilman; I Wayan Rideng; Ni Komang Arini Styawati
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.v5i1.2146

Abstract

A core tenet of criminal law is the principle of legality, which dictates that no conduct is punishable without a pre-existing legal prohibition (nullum crimen, nulla poena sine lege). This concept, codified in Article 1(1) of the Timorese Penal Code, forms the bedrock of the nation’s legal framework, ensuring predictability in the law and the protection of fundamental human rights. With the ratification of the United Nations Convention Against Corruption/UNCAC 2003 by the Timor-Leste Government in 2009, and the National Parliament has criminalized Illicit Enrichment as a criminal act of corruption in its national law. However, in the formulation of illicit enrichment, there are norms that are unclear, vague and give rise to interpretation in law enforcement. The unclear formulation of the law, lex certa will create legal uncertainty for the community due to ambiguity. This study aims to analyze the existence of the lex certa principle in the theory of the principle of legality towards Illicit Enrichment, and how its implications in application, in order to build a strong legal system. Using a library research method, this study examines relevant legal, conceptual, and expert opinions. The results indicate that illicit enrichment cannot be implemented in Timor-Leste due to unclear, vague, and ambiguous formulations of the norm, as well as conflicts with the Timor-Leste Constitution. In conclusion, the study recommends clarifying and precisely defining illicit enrichment provisions to comply with the lex certa principle, ensuring legal certainty, effective enforcement, and alignment with constitutional norms.
A Non-Coercive Leasing Debt Enforcement Model: Reconceptualizing Compliance through Blockchain-Based Systems Nanin Koeswidi Astuti
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.v5i1.2147

Abstract

Debt collection in motor vehicle financing in Indonesia continues to rely heavily on coercive practices carried out by third-party actors commonly known as mata elang (matel). These methods do more than raise questions of civil liability; they frequently spill over into social conflict and serious criminal law risks, as illustrated by recurring incidents of violence resulting in loss of life and broader public harm. Such conditions point to a deeper, systemic failure in the enforcement of credit agreements—one that has evolved through informal mechanisms and operates with fragile legal legitimacy. This study undertakes a normative examination of the structural weaknesses inherent in coercive debt collection practices and advances a non-coercive enforcement model grounded in blockchain technology. Using a normative legal methodology supported by conceptual and analytical approaches, the research explores issues of legitimacy, criminal liability risk, legal certainty, and the role of the state in enforcing credit obligations. The findings suggest that blockchain-based enforcement offers a transparent, automated, and institutionalized contractual framework that replaces physical force and social intimidation with systemic compliance. Rather than sidelining the state, this model strengthens state involvement through regulatory oversight and institutional validation, fostering a more legitimate, proportionate, and rule-of-law-oriented approach to obligation enforcement.

Page 23 of 23 | Total Record : 222

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