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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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THE PROBLEM OF CORRUPTION LAW ENFORCEMENT THAT CAUSES STATE LOSSES SINCE THE CONSTITUTIONAL COURT OF THE REPUBLIC OF INDONESIA NUMBER 25 / PUU-XIV / 2016 DECISION Zaki, Muhammad; Y Chandra, Tofik; Adianto Mau, Hedwig
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 1 No. 3 (2022): JULY
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (429.644 KB) | DOI: 10.55047/polri.v1i3.204

Abstract

are increasingly widespread, so that the boundaries of the characteristics of acts of corruption and the characteristics of acts that are not corrupt but characterized by very detrimental to the state and society become difficult to distinguish, and lead to uncertainty about how to formulate groups. his crime. This research is a normative legal research that uses primary and secondary legal sources with library research collection techniques through legislation approach, historical approach and case approach. The results obtained are the legal considerations of the judges of the Constitutional Court of the Republic of Indonesia in the Decision of the Constitutional Court Number 25/PUU/XIV/2016 in Article 2 Paragraph (1) and Article 3 of Law Number 20 of 2001 concerning Eradication of Criminal Acts of Corruption in Decision Number 25/ PUU-XIV/2016 which grants the abolition of the phrase “can” is to create legal certainty for the State Civil Apparatus (ASN) regarding discretionary policies or decisions or the implementation of the Ermessen freies principle which is criminalized as a criminal act of corruption because it is detrimental to state finances.
SINABANG DISTRICT COURT LAW ENFORCEMENT EFFORTS AGAINST FOUR-WHEEL VEHICLE EMBEZZLEMENT IN SIMEULUE REGENCY Sari, Mimis Nofita; Basri
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 1 No. 3 (2022): JULY
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (371.783 KB) | DOI: 10.55047/polri.v1i3.248

Abstract

Embezzlement in the Criminal Code is classified as a crime. The embezzlement is contained in Article 372 of the Criminal Code. The focus of this research is on law enforcement in dealing with criminal acts of embezzlement as well as inhibiting factors in law enforcement in handling criminal acts of embezzlement. Based on the results of research and discussion, it shows that law enforcement in handling criminal acts of embezzlement is carried out by means of crime prevention and prevention methods. The prevention approach is carried out through counseling and socialization in order to foster social responsibility for the residents of Simeulue Regency against the crime of embezzling four-wheeled vehicles. Legal counseling is especially carried out in areas prone to crime. The criminal approach is carried out through efforts to enforce the law of the Simeulue district in order to ensure that the perpetrators of the crime of embezzlement are legally processed in order to obtain criminal sanctions and guarantee legal certainty. Factors causing embezzlement of four-wheeled vehicles against law enforcement in handling criminal acts of embezzlement include: criminal sanctions in Article 372 of the Criminal Code that have not provided a deterrent effect, limited law enforcement agencies, limited state special budgets for law enforcement, lack of public awareness of the importance of understanding crime, society becomes a crime.
EXECUTION OF DECISIONS OF THE INDUSTRIAL RELATIONS COURT WITH PERMANENT LEGAL FORCE (INKRACHT) Ritonga, Daniel; Fitrian, Achmad; Hendro, Gatut
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 1 No. 3 (2022): JULY
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (243.469 KB) | DOI: 10.55047/polri.v1i3.249

Abstract

The research will discuss the execution of industrial relations court decisions with permanent legal force, aiming to reveal and analyze how the process of implementing industrial relations court decisions with permanent legal force and what factors hinder the execution of industrial relations court decisions with permanent legal force. This is a literature study using normative legal research. The data collected by library research, namely by the study of written information about the law that comes from various sources and is widely published and is needed in normative legal research. The findings highlight that the procedure for the execution of industrial relations court decisions that have permanent legal force has not been explicitly regulated in Law Number 2 of 2004 concerning Industrial Relations Dispute Settlement. However, Industrial Relations Dispute Settlement confirms that the Industrial Relations Court applies procedural law applicable to civil procedural law within the General Courts as stated in Article 57 of Industrial Relations Dispute Settlement. The lack of good faith on the part of the losing party to voluntarily carry out their obligations as stated in the verdict is one of the factors impeding the execution of the Industrial Relations Court's decision, which has permanent legal force. In addition, it is difficult for the winning party, in this case the workers, to determine which company assets can be executed against the losing party, and the execution cost is too high for the court to issue an execution order.
THE IMPLEMENTATION OF THE NATIONAL DIGITAL SAMSAT (SIGNAL) PROGRAM IN POLDA METRO JAYA JURISDICTION FROM A SYSTEMIC PERSPECTIVE Silamukti, Arie Andhika; Mayastinasari, Vita; Aminanto, Ezra
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 1 No. 3 (2022): JULY
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (219.85 KB) | DOI: 10.55047/polri.v1i3.253

Abstract

The focus of this study is to examine the significance of implementing the National Digital Samsat (SIGNAL) program in the Metro Jaya Police Jurisdiction, as well as the factors that impede and support the program's execution, and to analyze outcome practices from a systemic perspective in the process of implementing the National Digital Samsat (SIGNAL) in the Metro Jaya Police Jurisdiction. In this study, the type of data collected suggests that the research approach used was qualitative. This writing of this study uses a descriptive method. This study was performed in the Samsat office in the Polda Metro Jaya, precisely in the Special Capital Area of Jakarta. According to the findings, the digital service of the Polda Metro Jaya SIGNAL program has been functioning as expected. In addition, a number of components, including equipment (computers, etc.), vehicles, and human resources, are capable of supporting the operation of the digital service program SIGNAL Polda Metro Jaya. In addition, the implementation of the SIGNAL service program is hindered by a number of obstacles, including a network issue that prevents the service from being handled out as it must be linked to the network in order to perform services (such as determining the total amount of Motor Vehicle Tax payments), an ineffective communication when carrying out duties, and the ongoing use of broker services by individuals who do not wish to deal with Motor Vehicle Tax payments. The involvement of brokers holds back the creation of clean services that adhere to the regulatory requirements.
LAW ENFORCEMENT AGAINST FOREIGN FISHERMEN PERPETRATORS OF ILLEGAL FISHING CRIMES IN INDONESIA Ardiyansah; Chandra, Tofik Yanuar; Ismed, Mohamad
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 1 No. 3 (2022): JULY
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (197.216 KB) | DOI: 10.55047/polri.v1i3.320

Abstract

This study aims to analyze the legal provisions regarding the criminal act of illegal fishing in Indonesian laws and regulations and to analyze law enforcement against foreign fishermen who are perpetrators of illegal fishing in Indonesian marine areas. This research is a normative legal research by using the Statute Approach, Conceptual Approach, Comparative Approach and Case Approach. The data analysis method is done by descriptive analytical, which is to describe the results of research with data as complete and detailed as possible in handling illegal fishing crimes in Indonesian marine areas. The results of this study indicate that the legal provisions regarding the criminal act of illegal fishing in Indonesian laws and regulations are regulated in Law Number 45 of 2009 Amendment to Law Number 31 of 2004 concerning Fisheries, where if a suspect foreign citizen (WNA) is arrested, but the state of Indonesia does not yet have an agreement with the country from which the foreigner is from.
ANALYSIS OF JUDGE’S DECISION RELATED TO THE TRANSFER OF LAND RIGHTS FOR FOREIGN NATIONALS BASED ON TESTAMENT: (Literature Review of Supreme Court Decision Number 1134K/PDT/2009) Antareksa, Gregory Ariel Cahya; Dahana, Cokorda Dalem
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 1 No. 3 (2022): JULY
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v1i3.226

Abstract

This study aims to analyze the judge’s decision related to the transfer of Land Rights for Foreign Nationals based on testament of Supreme Court Decision Number 1134K/Pdt/2009. Research questions on this study are based on problematical publishing freehold title based on testament, incidentally between Testator and Testament Recipient at that time both of them is Foreign Nationals has broken the Law Number 5 of 1960 on Basic Agrarian Law Act. This research is normative-descriptive using library research to collect relevant source, such as books, magazines, scientific writing, and others to support the writer’s argument on the issue. The findings revealed that someone can acquire basic consideration of Supreme Court Decision and legal analysis about giving a decision of Supreme Court Decision number 1134K/Pdt/2009. Thus, in the case of Decision No. 1134K/Pdt/2009, the process of transferring ownership of Freehold Title is due to sporadic land registration beginning with the approval of the Head of the Environment, Lurah, and Camat, as well as land owners who are on the right, left, front, and back of the disputed object, so Freehold Title against the object of dispute may be issued on behalf of the Defendant, which is issued by the Land Office. Hence, the parties involved in the intermittent registration, including the Land Office, should be sued, not the Defendant.
COVERS OF MUSIC AND SONGS WITHOUT NO LICENSE AGREEMENT OF THE CREATOR AND COPYRIGHT HOLDER CARRIED OUT BY CORPORATE AND INDIVIDUAL BLACK YOUTUBERS ON THE YOUTUBE CHANNEL Harwanto, Edi Ribut
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 1 No. 3 (2022): JULY
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v1i3.392

Abstract

Criminal acts such piracy, copying, covering, distributing, and arranging musical works that belong to copyright holders, associated rights holders, and performers without a license or permission cannot be dealt with solely by illegal law enforcement under the Copyright Law. Furthermore, violators of piracy, song covers, music rearrangements without the consent of the copyright owners, associated rights, and performers shall face criminal penalties under Copyright Law No. 28 of 2014. This socio-legal research method study is a study that "integrates" doctrinal studies with social studies. In this study, using the postpositivism paradigm as the foundation of reality based on experience. To provide a sense of justice and legal certainty for copyright holders, connected rights, and future performers, the author's conclusions and recommendations are that the criminal provisions in Law No. 28 of 2014 respecting Copyrights that face juridical challenges should be reformulated. Besides, in the transition phase to the application of criminal sanctions provisions in the copyright law, Law No. 31 of 1999 in conjunction with Law No. 20 of 2001 concerning Corruption as a legal subject in terms of Non-Tax State Revenue (PNBP) and Law No. 28 of 2007 concerning General Provisions on Tax Procedures, the legal subject can be seen from the non-payment of license taxes to the state treasury as state income.
COPYRIGHT PROTECTION OF WAYANG KULIT AS A TRADITIONAL INDONESIAN CULTURE Arafahan, An; Saidin; Sitepu , Faradila Yulistari
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 1 No. 4 (2022): OCTOBER
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v1i4.413

Abstract

This study aims to understand how the Indonesian government and people work to preserve art that has become an integral part of the Indonesian state and nation, especially wayang kulit and the history of wayang itself. This study was done by library research as a research method. In this regard, the study utilizes a variety of connected or relevant sources, including books, journals, magazines, documents, and others, as well as common law jurisdictions such as Law No. 28 of 2014 pertaining to Copyright. The findings reveal that wayang kulit as a traditional Indonesian culture has been legally protected by the state in accordance with Copyright Law no. 28 of 2014 (UUHC), which is irreversible and has been registered by the government at the Convention for the Safeguarding of the Intangible Cultural Heritage on November 7, 2003, so that it can be preserved and protected from claims by other countries as their own culture. It is hoped that in the future, by being protected by law, the Indonesian people will be able to maintain and preserve wayang kulit so that they do not become extinct and are not claimed by other nations.
APPLICATION OF THE LIABILITY PRINCIPLE IN THE LAND SALE AS JOINT PROPERTY BEFORE A NOTARY Bujangga, I Komang Wisnu Adi; Purwanto, I Wayan Novy
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 1 No. 4 (2022): OCTOBER
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v1i4.433

Abstract

This study aims to comprehend the legal basis for selling land as joint property before a notary as well as to know and comprehend the application on principle liability as joint property before a notary. An empiric legal research approach was applied for this study. This study uses statutory approach and fact approach. In this study, primary data was sourced from interviews and secondary data came from the civil code, marriage law, literature, journals and the internet. Data processing is done by qualitative descriptive. The findings of this research indicate that a clause that prohibits the sale of land from joint property without the approval of the wife is incorporated in the agreement that governs the sale of land as joint property. In this case, the liability principle is applied in accordance with the agreement made by the husband as the seller of the land with the buyer. The husband was to blame for the agreement since he neglected to involve his wife in the business transaction involving the land seller. Therefore, according to the principle of liability, responsibility must fall on the shoulders of the seller.
ANALYSIS OF CREDIT RELAXATION AND LEGAL PROTECTION PROVIDED BY THE GOVERNMENT TO MSMES DURING THE COVID-19 PANDEMIC Nataprawira, Komang Gede Narottama; Westra, I Ketut
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 1 No. 4 (2022): OCTOBER
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v1i4.444

Abstract

This research aims to analyze the government's role in helping micro, small and medium enterprises (MSMEs) and legal protection for MSMEs provided by the government due to the impact of the Covid-19 pandemic. This research uses normative juridical research. The approach used in this research is the statutory approach which examines the regulations or laws related to the legal issues under study. The results of the analysis show that the government's efforts to ease the burden on the victims of Covid-19 are in the form of credit relaxation policy. The targets are those who previously had to apply for relief at the bank. The government solution is in the form of credit relaxation policy by lowering interest rates, increasing loans and converting loans into equity, extending the term of the loan, reducing the principal, increasing the credit limit and reducing interest arrears on loans.

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