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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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LEGAL PROTECTION IMPLEMENTATION FOR DISABILITIES PERSONS IN OBTAINING EQUAL EMPLOYMENT OPPORTUNITIES IN DENPASAR CITY Morgana, Intan Safira; Priyanto, I Made Dedy
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.v1i4.449

Abstract

This research aims to identify and comprehend the regulatory arrangements for employees with physical disabilities to get opportunity equality, as well as the implementation of legal protection for workers with physical disabilities to obtain equal job opportunities in the city of Denpasar. The study approach utilized is an empirical legal research method based on a comparison between das sollen and das sein. Legal and fact-based approaches are applied. Primary data sources include interviews with disabled workers in the city of Denpasar, whereas secondary data sources include statutes and regulations, books, and scientific journals. According to the findings, the regulation regarding persons with disabilities is clearly stated in the national regulations, namely the Human Rights Law, the Law on Persons with Disabilities, and the Manpower Act, whereas the special regulations for Denpasar City are contained in the Bali Provincial Regulation on Persons with Disabilities. However, despite the fact that there are policies in place to govern persons with disabilities in Denpasar City, it is still difficult to find a job, especially in companies, due to the stigma that people with disabilities are incapable of doing anything. Even though the state has enacted legislation governing the employment of people with disabilities, the reality of the situation makes these regulations difficult to implement, especially in relation to issues of employment.
THE IMPLEMENTATION OF THE LEGAL CERTAINTY PRINCIPLE IN DETERMINING THE ABILITY TO MAKE NOTARIAL DEEDS BEFORE A NOTARY Diatnika, Dewa Gede Aldian; Mahendrayana, I Made Dwi Dimas
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.v1i4.450

Abstract

This study aims to find out the legal basis for the ability to make an agreement before a notary and to examine the application of the principle of legal certainty in determining the ability to make a notarial deed. This study uses a normative legal research method with a statutory approach and a conceptual approach. The findings indicate that the legal basis for making an agreement before a notary is stated in Article 39 paragraph (1) of the Notary Position Law (UUJN) and the application of the principle of legal certainty to the ability to make a deed, namely the legal basis refers to the UUJN not the Civil Code. The resolution of the conflict of norms is by using the principle of preference, namely the rules that apply are the rules of the UUJN, while the rules of the Civil Code do not apply.
JURIDICAL STATUS OF STOCK EXCHANGE AND INVESTOR LEGAL PROTECTION IN FORCED DELISTING Daniswara, Ayu Atha Diva; 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.v1i4.464

Abstract

The Stock Exchange has a role as a regulator of securities trading in the capital market. The Stock Exchange works for profit which is then aimed at developing securities trading activities in the capital market. Meanwhile, there is no form of legal protection for investors in the capital market which is specifically regulated in the law. The purpose of this study is to examine the juridical status of the stock exchange and to determine the legal protection for investors in the implementation of forced delisting. This study uses a normative legal research method, which is sourced from the Legislation by using a library research method. The results reveal that the Juridical status of the Stock Exchange is a company that has its own working rules, so it has differences compared to companies in general, and there is no form of protection for stock investors who experience forced delisting of issuers on the stock exchange. Investors are only given the opportunity to make sales in the negotiated market whose time is determined by the exchange. The findings of this research provide an explanation of the legal protections afforded to investors in the event that forced delisting is implemented.
NOMINEE AGREEMENT: A SOLUTION FOR FOREIGNERS TO CONTROL LAND IN BALI Sudharsana, Tjokorda Gde Rai Y. Ary; 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.v1i4.473

Abstract

The purpose of this study is to find out the legal basis of the nominee agreement and to find out the nominee agreement that is used as a solution by foreigners in controlling land in Bali. This research method uses the type of empirical legal research. The legal basis for the nominee agreement is Article 21 and Article 26 of the Basic Agrarian Law (BAL). In addition, there are also other legal bases, namely Articles 1320 and 1313 of the Civil Code. Juridically, the nominee agreement cannot be used as a solution by foreigners to control land in Bali. Land tenure that can be taken by foreigners is with usufructuary rights and rental rights.
DISTRIBUTION LEGALITY OF ARAK AS A BALI TRADITIONAL DRINK Gotama, I Wayan D.; Yustiawan, I Dewa Gede Pradnya
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.v1i4.474

Abstract

This study aims to understand and determine the distribution arrangements for arak as a traditional Balinese drink. The research method uses a normative legal research type, the type of approach uses a statutory approach and a case approach. The legal materials used are sourced from primary legal materials in the form of related legislation, while other sources are from literature, journals and internet media. The technique of collecting legal materials uses document study techniques and is processed in a qualitative descriptive way. The findings of the research, specifically the regulation of the distribution of arak as a traditional Balinese drink, are regulated in the Governor of Bali Province Regulation Number 1 of 2020 concerning the Governance of Balinese Fermentation and Distillation Drinks as a form of governance for the distribution of Balinese arak. The legality of distribution of arak as a traditional Balinese drink is carried out by producers through distributors, then carried out by sub-distributors and distributed to direct sellers.
LEGITIMACY OF A FIXED-TERM EMPLOYMENT CONTRACT BASED ON REMOTE WORK CONCEPT FROM THE PERSPECTIVE OF THE JOB CREATION ACT Madia, Putu Bella Mania; Bagiastra, I Nyoman; 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.v1i4.485

Abstract

Labor issues are a social, political and economic phenomenon in modern countries, including Indonesia, and require a way that is no longer conventional in improving the system in employment. As such, remote working can be the solution. The implementation of Remote Working in Indonesia depends on three legal aspects, namely the Criminal Code, the Job Creation Act along with the Labor Law, and the ITE Law. This study aims to analyze the Fixed-Term Employment Contract (PKWT) work relationship based on remote work concept from the perspective of the job creation act and find out the implementation and problems of Fixed-Term Employment Contract. This study employs a normative legal research technique derived from laws and regulations employing a library research technique. According to the findings of this study, Fixed-Term Employment Contract with the Remote Working concept must also adhere to the Labor Law and the Job Creation Act. Besides, the parties who engages on the Fixed-Term Employment Contract must also consider a number of additional legal factors in order to ensure the agreement's legitimacy and the protection of each party's rights and obligations. Despite the passage of the Job Creation Act, it turns out that there are still several issues that require attention.
LEGAL PROTECTION FOR VICTIMS OF FAIR TRIAL RIGHTS AS A FORM OF HUMAN RIGHTS PROTECTION IN THE INDONESIAN JUSTICE SYSTEM Nugroho, Aji Febrian
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 2 No. 1 (2023): JANUARY
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v2i1.493

Abstract

In the legal protection of the right of Fair Trial victims in the Indonesian judicial system, the government should refer to and protect the Human Rights that exist in every individual human being even though the person who violates the “Fair Trial right” is a perpetrator of the crime. This study aims to examine the extent of the form of legal protection for victims of Fair Trial rights as a form of human rights protection in the Indonesian Judicial System because cases of violations of Fair Trial rights are often found in various existing cases. The “Fair Trial Rights” violated are the basic value of the criminal justice process covering at least three important components: human dignity, truth, and justice in the process. The first basic value, namely the protection of human dignity refers to the condition that all law enforcement officers at all stages of the judiciary must apply consistently and support the protection of the human dignity of the parties, both suspects, defendants, convicts, victims, and witnesses, the second value is the value of truth, this value requires that law enforcement “must ensure the application of normative provisions before imposing accusations, indictment, or punishing a person”, while the third value is fairness or the value of justice in criminal justice proceedings, which requires that law enforcement must work hard to treat the parties by respecting their rights protected by law and applying the limits of their authority.
WATER AND AIR POLICE CORPS (POLAIRUD) AUTHORITY IN PREVENTING THEFT ON LEGO ANCHORS SHIPS IN THE TANJUNG PRIOK PORT AREA Wahyudi, Surya; Candra, Tofik Yanuar; Ismed, Mohamad
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 2 No. 1 (2023): JANUARY
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v2i1.501

Abstract

The aim of the research is to analyze the authority of Water and Air Police Corps (Korpolairud) in preventing the crime of theft on ships with Lego anchors in the Tanjung Priok port area as well as analyzing the legal protection of ships anchored in the Tanjung Priok port area. The type of research used is normative juridical. The approaches used in legal research are the statute approach, the case approach and the comparative approach. The results of the analysis show that Polairud's Authority in preventing criminal acts of theft, Article 1 paragraph (1) of the 1945 Constitution of the Republic of Indonesia is a state based on law. The rule of law is a constitutional construction. As such, all actions of law enforcement officials including the police in carrying out investigations must be based on the law and obey the law. Legal protection for Lego Anchor Ships in the Tanjung Priok Port Area, it can be understood that police institutions, especially the Sub-Directorate of Gakkum Ditpolair Korpolairud Baharkam Polri as an organization carry out administrative and management functions in carrying out their functions or duties as investigators of criminal acts of theft onboard Lego Anchors in the Region Tanjung Priok Port which has been determined by laws and regulations.
INTERNATIONAL LEGAL STUDY OF THE INDONESIA-MALAYSIA REGIONAL DISPUTE ABOUT SIPADAN AND LIGITAN ISLANDS IN THE SULAWESI SEA Kelakan, I Gusti Ngurah Kesawa Kesuma Putra; Dewi, Tjokorda Istri Diah Widyantari Pradnya
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 2 No. 1 (2023): JANUARY
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v2i1.509

Abstract

The goal of this paper is to look into the background of the island disputes between Indonesia and Malaysia over Sipadan and Ligitan from the perspective of international law. In addition to the reasons, the purpose of this study is to determine the settlement process between the two countries to resolve the dispute between Sipadan and Ligitan and its implications for international law. It also aims to find out the reasons for the International Court of Justice in determining the winner of the dispute between the islands of Sipadan and Ligitan. This study uses descriptive methods, normative methods based on international law, and data collection techniques to analyze the data obtained through online search techniques and comparative research approaches. The results of this study show that the cause of the dispute between the islands of Sipadan and Ligitan originated from the absence of the two islands on the national maps of Malaysia and Indonesia, which then the two countries took steps to negotiate in international forums in resolving the dispute. It is also known that the main factor considered in determining the winner by the International Court of Justice is the comparison of the effectiveness of the management of the disputed area.
RESPONSIBILITY OF BUSINESS ACTORS FOR THE TRANSFER OF CONSUMER CHANGE FORMS Wiguna, I Made Ananda Dwirama; Yustiawan, Dewa Gede Pradnyana
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 2 No. 1 (2023): JANUARY
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v2i1.510

Abstract

This article aims to provide an understanding of the legal arrangements for the transfer of consumer change forms by business actors and examine the responsibility of business actors for the transfer of consumer change forms that can result in losses to consumers. The writing of this article uses a normative legal research method through a statutory approach, conceptual approach, case approach and use primary and secondary legal materials. The characteristics of this research are categorized as descriptive research. The results of the study show that the regulation regarding the transfer of consumer change is regulated in Law no. 8 of 1999 concerning Consumer Protection, Law no. 23 of 1999 and Law no. 7 of 2011 which basically stipulates that rupiah currency is a legal tender in the territory of the Republic of Indonesia so that consumer change must be in the form of rupiah currency without being transferred in any form. This will certainly cause deviations in terms of legal rules because consumers feel disadvantaged and violated their rights. Therefore, a legal review is needed based on related regulations, especially regarding the responsibility of business actors for the transfer of consumer change.

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