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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 246 Documents
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The Gap Between Service Excellence and Procedural Justice in Criminal Investigation Services at the West Jakarta Metro Police Muhammad Rizky Ali Akbar; Agus Sumartomo
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 5 No. 2 (2026): APRIL
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v5i2.2212

Abstract

Within the criminal justice system, investigative services serve as a critical arena where police legitimacy is shaped through citizens’ direct experiences, yet gaps between administrative compliance and public expectations often trigger dissatisfaction. This study aims to identify the implementation of service excellence in the criminal investigation process at the Criminal Investigation Unit (Satreskrim) of the West Jakarta Metro Police, to analyze complainants’ experiences of procedural justice, and to explain the gap between administrative service standards and public experience that may trigger complaints (Dumas). A qualitative case study approach was employed, with data collected through semi-structured interviews with 13 informants (investigators and complainants), document review, and observation. The findings indicate that while the unit demonstrates strong administrative compliance with standard operating procedures and criminal procedural law, a significant gap remains in interaction and communication between investigators and complainants. Within the A6 service excellence framework, ability and internal accountability function relatively well, whereas action and external accountability remain weak, particularly in inconsistent delivery of case progress updates and limited explanation of investigation delays. From a procedural justice perspective, this condition reduces complainants’ perceptions of trustworthiness and respect. This study concludes that Dumas is more often triggered by lack of process clarity (process-related complaints) than by dissatisfaction with case outcomes alone. Accordingly, improving investigative services requires enhancing the readability of case progress through scheduled, consistent, and substantive communication to strengthen procedural transparency and public trust.
The Role of Local Government in Boosting Investment Under East Java Provincial Regulation No. 4 of 2021 Udin Silalahi; Joy Zaman Felix Saragih; Sheila Ananda Siregar; Muhammad Daffa Syahputra; Jocelyn Phebelia Susanto; Ananda Bima Al Wajdi Majid Pranoto
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 5 No. 2 (2026): APRIL
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v5i2.2226

Abstract

Investment plays a crucial role in driving regional economic growth, creating jobs, and improving public welfare. As part of the governance structure, local governments are responsible for creating a conducive investment climate through supportive policies and regulations. East Java Provincial Regulation Number 4 of 2021 concerning Investment serves as the legal basis for managing and developing investment in East Java. This study aims to analyze the role of local governments in increasing investment based on the provisions of this regulation and identify challenges in its implementation. The method used in this research is a normative-juridical approach, examining laws and regulations, legal documents, and related literature. The study results indicate that local governments play a role in formulating investment policies, simplifying licensing processes, providing incentives, and fostering and supervising investment activities. However, implementation still faces obstacles such as complex bureaucracy, limited supporting infrastructure, and suboptimal inter-agency coordination. Therefore, efforts to strengthen policies, improve licensing services, and foster synergy between local governments and business actors are needed to achieve the goal of increasing investment effectively and sustainably.
Deconstructing the Ambiguity of the Right to Build (HGB) over the Right of Management (HPL): Delegitimizing HPL on Non-Vital Land and Reconstructing Land Law in Indonesia Ibnu Rusdian; Endang Pandamdari; Irene Marianne
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 5 No. 2 (2026): APRIL
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v5i2.2243

Abstract

The Indonesian land law system faces a fundamental problem in which HGB above HPL does not fully function as an independent land right due to its structural dependency on the administrative authority of the HPL holder. This research aims to examine the ambiguity of the construction of the Right to Build (HGB) over the Right of Management (HPL), to delegitimize the applicability of HPL on non-vital land, and to formulate a land law reconstruction that provides greater legal certainty and independence of rights. This research is normative legal research employing conceptual, statutory, legal theory, and comparative law approaches. Analysis is conducted qualitatively and prescriptively using Jacques Derrida’s legal deconstruction to dismantle the legitimacy of HPL, and Mochtar Kusumaatmadja’s Development Law Theory as the basis for legal reconstruction. The results show that the ambiguity of HGB over HPL stems from the structural dependency of HGB on the administrative authority of the HPL holder, which causes HGB to not fully function as an independent land right. Through the deconstructive approach, it was found that the legitimacy of HPL over non-vital land no longer has a strong public basis, because such land has in fact developed into a stable private or semi-private space. The findings suggest restricting HPL to strategically vital land while transferring non-vital land to a more independent rights regime through partial HPL release, state land reclassification, and stronger HGB holder protections.
Reformulation of the Investigation Time Limit for Money Politics Electoral Crimes in Indonesia Agus Nanang Irnawan; Maria Silvya E. Wangga; Tri Sulistyowati
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 5 No. 3 (2026): JULY
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v5i3.2273

Abstract

Money politics remains a dominant electoral violation in Indonesia and Malaysia, undermining democratic integrity and the principles of direct, universal, free, secret, honest, and fair elections. Weak law enforcement, normative disparities between election supervisory bodies and national police, and a transactional political culture exacerbate the problem. This paper analyzes criminal law policy on electoral money politics and evaluates reform implementation, focusing on the disharmonization between working-day and calendar-day investigation time limits, which affects the Integrated Law Enforcement Center’s effectiveness. Using normative legal research with statutory, conceptual, and sociolegal approaches, the study finds that money politics persists through cash distribution, social assistance, and misuse of government programs. Discrepancies in time limit terminology stall many cases at investigation stages, as formal and material requirements cannot be met within tight deadlines. Current criminal sanctions lack deterrent effect due to enforcement weaknesses and evidentiary complexity. The paper recommends reformulating investigation time limits from calendar days to working days, strengthening coordination among law enforcement bodies, enhancing political financing transparency, and intensifying public political education to reinforce electoral integrity and prevent money politics.
Reconstructing the Legal Architecture of Crypto Asset Issuance Regulation in Indonesia Aloysius Bernanda Gunawan; Adi Nur Rohman; M.S. Tumanggor
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 5 No. 2 (2026): APRIL
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v5i2.2229

Abstract

Indonesia's crypto asset ecosystem has grown substantially, ranking sixth globally in adoption, yet its regulatory architecture for crypto asset issuance remains fragmented and inadequately defined. This study examines the evolutionary trajectory of Indonesia's issuance-related regulatory framework, tracing the shift from the commodity-based positive-list regime under Surat Keputusan (SK) Bappebti Number 13 of 2022, through the transition to financial sector governance under Peraturan OJK (POJK) Number 27 of 2024, and the subsequent amendments introduced by POJK Number 23 of 2025. Employing a normative juridical method with comparative law and statutory approaches, this study benchmarks Indonesia's framework against the European Union's Markets in Crypto-Assets (MiCA) Regulation (EU) 2023/1114 currently the most comprehensive issuance-specific crypto asset law globally. The analysis reveals six critical regulatory gaps in Indonesia's issuance regime, including the absence of a formal white paper obligation, the lack of pre-issuance issuer authorization, no technical due diligence mandates, and an inadequate disclosure liability framework. In response, this article proposes a Three-Gate Regulatory Architecture Model comprising Gate I (Registration and White Paper Validation), Gate II (Technical Due Diligence), and Gate III (OJK Approval and License Issuance), complemented by transitional provisions for existing assets. This model represents a legally grounded and proportionate reconstruction of Indonesia's crypto asset issuance regulation, aligned with international best practices while respecting Indonesia's regulatory sovereignty.
Intersectionality and Revictimization of Sexual Violence Victims: A Critique of the Indonesian Criminal Justice System Syalomitha Febiola; Vinita Susanti
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 5 No. 2 (2026): APRIL
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v5i2.2239

Abstract

This study is motivated by the gap between the normative progress of the Sexual Violence Crime Law (UU TPKS) and the persistent practice of revictimization and secondary victimization against sexual violence victims in Indonesia. This research aims to analyze how the dynamics of intersectionality strengthen the mechanisms of revictimization within the criminal justice system and to identify structural and institutional factors causing the failure to provide sensitive and equitable protection for victims with layered vulnerabilities. The research method employed is a qualitative approach through critical document analysis of laws, court decisions, and literature from a feminist criminology and intersectionality perspective. The findings reveal that victims’ vulnerabilities become increasingly complex when gender intersects with social class, disability, age, economic status, and power relations with the perpetrator, thereby exacerbating secondary victimization during reporting, investigation, prosecution, and trial stages. The study concludes that Indonesia’s criminal justice system remains androcentric and patriarchal, failing to accommodate the layered vulnerabilities of sexual violence victims. Recommendations include procedural reform based on trauma-informed justice, integration of intersectionality in law enforcement training, and strengthening integrated services that are gender- and disability-sensitive.
Licensing Procedures for Palm Oil Mills in North Sumatra: Integration of Investment Law and Regional Ecological Impacts Udin Silalahi; Joy Zaman Felix Saragih; Frederick Xaverius Tjipto; Dilla Elfira Damanik; Nadya E. Hutagaol
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 5 No. 2 (2026): APRIL
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v5i2.2242

Abstract

North Sumatra plays a vital role in Indonesia’s palm oil industry thanks to the region’s extensive plantation areas and high level of processing. The development of Palm Oil Processing Plants (PPKS) is governed not only by plantation regulations but also by Law No. 25 of 2007 on Investment, which adopts principles of sustainability and environmental responsibility. This research aims to examine and evaluate the level of integration between policies that promote investment facilitation and the obligation to control environmental impacts in the POM licensing process at the regional level. This research uses a normative juridical method with a qualitative descriptive approach, focusing on the examination of applicable licensing regulations and their implementation in the region. Based on the results of the analysis, it is known that the application of the risk-based licensing system has had a positive impact in improving investment process efficiency. However, this improvement has not been fully accompanied by the effectiveness of environmental supervision. This condition is reflected in the persistence of environmental problems, such as the decline in river water quality and increasing greenhouse gas emissions in several locations. These findings indicate that strengthening post-licensing supervision is a very crucial matter to undertake. In addition, closer integration between investment policy and environmental protection instruments is also needed in order to create a balance between economic growth and environmental sustainability. Thus, the development of the palm oil industry is expected to proceed in a sustainable and responsible manner.
Normative Anomaly in Governmental Authority: A Doctrinal Analysis of Forest Area Enforcement in Indonesia Anastasia Rentama Sijabat; Anna Erliyana
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 5 No. 2 (2026): APRIL
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v5i2.2252

Abstract

Indonesia’s Job Creation Law (Law No. 6 of 2023) introduced a widespread legislative practice of designating the generic term “Central Government” as the legal subject for delegated authority in sectoral statutes. This practice generates substantive ambiguity in identifying the specific officeholder (ambtsdrager) responsible for administrative action, thereby undermining administrative accountability across regulatory sectors. This study examines how this authority anomaly persists in non-labor regulatory contexts, taking Presidential Regulation No. 5 of 2025 on Forest Area Enforcement as the principal case study. Using a normative-doctrinal methodology with statutory, conceptual, and case-based approaches, this research assesses the legal validity of the Forest Area Enforcement Task Force through the attribution-delegation-mandate doctrine, Kelsen’s hierarchy of norms, and administrative legal protection principles. The analysis reveals three critical problems: the absence of a clear statutory basis for the Task Force’s authority; substantive inconsistency with Government Regulation No. 24 of 2021 as the sectoral implementing regulation; and structural misalignment with constitutional court jurisprudence on authority specificity. The study proposes a three-layered normative reconstruction encompassing judicial review, legislative revision, and executive reorganization of the implementing structure. These findings contribute to Indonesian administrative law reform discourse and demonstrate that institutional clarity in governmental authority structures is a necessary precondition for preserving the rule of law.
A Legal Analysis of Self-Defense (Noodweer) in Criminal Assault Cases Alfredo Rynaldi; Hadina Rivaldi Diaz; Angga Hendrawinangun
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 5 No. 3 (2026): JULY
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v5i3.2309

Abstract

The application of self-defense (noodweer) in assault cases remains a controversial issue in Indonesian criminal law, particularly regarding the limits of justified defensive actions and criminal liability in spontaneous multi-party conflicts. This study aims to analyze the criminal liability of the parties involved and examine the applicability of noodweer and noodweer exces under the Indonesian Criminal Code. This research employs a normative juridical method using statutory and conceptual approaches. Primary legal materials consist of Articles 49 and 351 of the Indonesian Criminal Code, supported by secondary legal materials, including legal doctrines, scholarly literature, and recent studies. The collected legal materials were analyzed qualitatively through descriptive-analytical methods. The findings indicate that A acted as the initial aggressor by initiating and continuing unlawful violence against B and C. Although B's act of striking A with a wooden object formally fulfills the elements of assault, it may be justified as noodweer or alternatively categorized as noodweer exces. Meanwhile, C's intervention is solely aimed at preventing further violence and therefore does not constitute a criminal offense. The study emphasizes the importance of contextual interpretation, proportionality, and defense of others in determining criminal liability.
Reconstructing State Economic Loss Calculation in Corporate Corruption Adjudication Anastasia Rentama Sijabat
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 5 No. 3 (2026): JULY
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v5i3.2262

Abstract

Indonesian anti-corruption adjudication continues to grapple with inconsistent quantification of state financial loss in corporate corruption cases. This study examined two recent cassation rulings of the Indonesian Supreme Court involving the palm oil industry and analyzed them against two 2026 rulings of the Constitutional Court that reaffirmed the exclusive declaring authority of the Supreme Audit Agency and entrenched the actual loss principle. Using a normative juridical design, the analysis combined statute, case, and conceptual approaches, complemented by comparative insights from the French Sapin II framework and the Spanish recovery model. The evidence indicated a methodological disorientation, namely that the same court relied on a proceeds-oriented calculus in one ruling and a loss-oriented calculus in another, even though the underlying fact patterns were materially comparable. This oscillation has eroded legal certainty and weakened the deterrent function of corporate criminal liability. To address this and to harmonize practice with the new constitutional jurisprudence, the discussion proposed an Integrated Economic and Ecological Audit Standard, configured as a three-layer architecture in which the Supreme Audit Agency declares, supporting institutions supply technical valuations, and the trial court independently validates. Five components, comprising unlawful gain, direct fiscal loss, ecological recovery cost, downstream economic loss, and social cost, are reframed as quantifiable financial figures within the broader umbrella of state economic loss. The findings suggested that consistent adoption of this architecture could systematize judicial reasoning, improve recovery rates, and tighten corporate accountability, offering practitioners and lawmakers a coherent doctrinal template.

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