POLICY, LAW, NOTARY AND REGULATORY ISSUES (POLRI)
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.
Articles
205 Documents
<![CDATA[LEGAL IMPLICATIONS ON THE ISSUANCE OF GOVERNMENT REGULATION NO. 36 OF 2021 ON THE WORKER WAGE SYSTEM IN INDONESIA ]]>
<![CDATA[Christoper, Bryant]]>;
<![CDATA[Sudiarawan, Kadek Agus]]>
<![CDATA[ POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 2 No. 1 (2023): JANUARY ]]>
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DOI: 10.55047/polri.v2i1.525
<![CDATA[Wages are something that plays an important role in employment, because wages are a form of appreciation to workers/laborers given by employers for the work that has been done. The purpose of this study is to find out changes in the legal rules regarding the wage system in Indonesia so that workers know how the composition of the calculation used in calculating wages is based on the current legal rules. This research uses normative legal research methods and document study techniques for data collection, as well as legislation and descriptive approaches. The results of this study indicate that this new regulation is aimed at boosting the country's economy and increasing Indonesia's competitiveness in the world by changing the composition of the wage calculation variables and changing the type of wages.]]>
<![CDATA[SETTLEMENT OF DEFAULT IN THE CAR RENTAL AGREEMENT AT PT. SURYADITA 88 TRANSPORT IN BADUNG REGENCY ]]>
<![CDATA[Mertayasa, I Gusti Ngurah Made Siwa]]>;
<![CDATA[Yustiawan, Dewa Gede Pradnyana]]>
<![CDATA[ POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 2 No. 1 (2023): JANUARY ]]>
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DOI: 10.55047/polri.v2i1.533
<![CDATA[Car rental businesses are now relatively accessible in Badung Regency. Because Badung Regency is a popular tourist destination, numerous individuals have opened car rental services. In Badung Regency, PT Suryadita 88 Transport is one of companies that offers car rental services. In its operation, PT Suryadita 88 Transport is not exempt from issues involving default-causing factors and efforts to resolve defaults. This study aims to uncover the causes of default in the car rental agreement at PT. Suryadita 88 Transport and potential solutions. This study employs the Empirical Law research technique, which correlates the legal aspects of existing issues with their practical application in society. The applicable legal basis is Article 1548 of the Civil Code, pertaining to Leasing. The results revealed that disputes shall be resolved through litigation if they cannot be resolved through alternative mean.]]>
<![CDATA[LEGAL CONSEQUENCES OF ELECTRONIC AGREEMENTS REVIEWED FROM ARTICLE 1866 OF THE CIVIL CODE ]]>
<![CDATA[Murti AV, Gusti Putu Krisna]]>;
<![CDATA[Yustiawan, Dewa Gede Pradnyana]]>
<![CDATA[ POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 2 No. 1 (2023): JANUARY ]]>
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DOI: 10.55047/polri.v2i1.535
<![CDATA[Legal issues with regard to authenticity, authenticity, and proof arise frequently because no laws exist to control the private information of users of electronic agreements. The aim of this research is to determine whether or not there are issues with the legal binding force of agreements established via electronic means. This study employs a normative qualitative approach, based on the analysis of secondary data and bolstered by original data collected in the field. The findings prove that digital investigative tools can be used to verify the legitimacy, veracity, and integrity of electronic contracts. A person's permission is required before any of their personally identifiable information (PHI) can be used in any way, shape, or form via technological media. The evidentiary weight of an electronic or digitally signed deal is the same as that of a handwritten one. As progress is made toward open proof, the judicial system can make use of the system. Given the prevalence of online media in modern business dealings, it follows that any evidence acquired from any source, provided it is true, is admissible so long as it does not violate public order.]]>
<![CDATA[LEGAL RESPONSIBILITY FOR THE ROLE OF ONLINE TRANSPORTATION COURIER SERVICES IN DRUG TRAFFICKING ]]>
<![CDATA[Siahaan, Ricardho]]>;
<![CDATA[Sinaulan, Ramlani Lina]]>;
<![CDATA[Ismed, Mohamad]]>
<![CDATA[ POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 2 No. 1 (2023): JANUARY ]]>
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DOI: 10.55047/polri.v2i1.530
<![CDATA[In this modern period, drug trafficking in Indonesia has adopted a new mode of operation, with drug traffickers utilizing online transportation courier services to facilitate drug delivery to their destination, in an effort to avoid and/or reduce the risk of legal proceedings. The purpose of this research is to analyze and determine the existence of law enforcement problems in handling the role of online transportation courier services that help drug trafficking. This research uses Normative Juridical methodology. The data used for the formulation of the problem is secondary data consisting of primary, secondary and tertiary legal documents. The results of the analysis show that with regard to law enforcement and accountability, each construction of the Intermediary Articles contained in Law Number 35 of 2009 concerning Narcotics relating to acts committed by couriers does not all fulfill the offense elements of each article. Based on Article 132 when couriers are unable to prove good faith as an online driver, such as not having the authority to inspect goods to be sent, courier service companies do not or have not supported goods scanning facilities, so they can enter into a conspiracy offense. However, even though the actions carried out by online couriers have fulfilled the formulation offense, they are not necessarily accountable. For the sake of creating a sense of justice for society, it is necessary to add new norms to the provisions of Article 114 paragraph (1) of the Narcotics Law and Article 114 paragraph (2) of the Narcotics Law.]]>
<![CDATA[HOW TO ENFORCE CRIMINAL LAW AGAINST NARCOTICS ABUSE OF NEW TYPES OF VARIANTS THAT HAVE NOT BEEN INCLUDED IN LAW NUMBER 35 OF 2009 CONCERNING NARCOTICS ]]>
<![CDATA[Marbun, Lukas Pardamean E.]]>;
<![CDATA[Hedwig]]>;
<![CDATA[Ismed, Mohamad]]>
<![CDATA[ POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 2 No. 1 (2023): JANUARY ]]>
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DOI: 10.55047/polri.v2i1.531
<![CDATA[Today, many different narcotics, psychotropics, and other illegal drugs emerged. These new variants are not/have not been regulated by law number 35 of 2009 concerning narcotics. This research uses Normative Juridical methodology. The data used for the formulation of the problem is secondary data consisting of primary, secondary and tertiary legal documents. The results of the analysis show that in order to implement the provisions of Article 6 paragraph (3) of the Narcotics Law, it is necessary to stipulate a Regulation of the Minister of Health concerning Changes in the Classification of Narcotics, which is the last position where this research was written. Minister of Health of the Republic of Indonesia Number 4 of 2021 concerning changes to the classification of narcotics. Law Number 35 of 2009 concerning Narcotics and Regulation of the Minister of Health of the Republic of Indonesia Number 4 of 2021 concerning changes to the classification of narcotics which are guidelines for law enforcement against drug abuse with new variants in Indonesia are still deemed ineffective and efficient and do not accommodate all needs -the need for law enforcement against narcotics abuse, especially narcotics with new types of variants. An alternative policy formulation to Law Number 35 of 2009 concerning Narcotics, the formulation policy that is deemed suitable for implementation in the future is to revise Law Number 35 of 2009 concerning Narcotics in particular to expand the meaning related to narcotics in the provisions of Article 1 number 1 and/or Article 6 paragraph (1).]]>
<![CDATA[LEGAL PROTECTION OF PATENT RIGHTS AS FIDUCIARY GUARANTEES IN BANKING CREDIT ]]>
<![CDATA[Winata, I Gede Surya]]>;
<![CDATA[Purwanto, I Wayan Novy]]>
<![CDATA[ POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 2 No. 1 (2023): JANUARY ]]>
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DOI: 10.55047/polri.v2i1.549
<![CDATA[This study aims to identify and understand the legal protection of patents as fiduciary guarantees in bank credit and how to measure the economic value of patents as fiduciary guarantees. In addition, the study will investigate how to measure the legal protection of patents as fiduciary guarantees. This is a normative legal research using statutory approach, in this case Law Number 13 of 2016 concerning Patents and the Legal Concept Analysis Approach. This study includes primary legal material in the form of Law Number 42 of 1999 concerning Fiduciary Guarantees, Law Number 10 of 1998 concerning Banking as well as secondary legal material that is not binding but explains the primary legal material. The findings revealed that in granting credit, clearly there is a guarantee that must be given by the debtor to the creditor. Hence, for the purpose of guaranteeing credit, the form of guarantee that is most appropriate to use in this case is to use a fiduciary guarantee. Further, fiduciary guarantees are regulated in Law Number 42 of 1999 concerning Fiduciary Guarantees.]]>
<![CDATA[PROXY WARS IN THE ERA OF GLOBALIZATION IN THE PERSPECTIVE OF INTERNATIONAL LAW ]]>
<![CDATA[Krisna, I Putu Bagus Arya]]>;
<![CDATA[Purwanto, I Wayan Novy]]>
<![CDATA[ POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 2 No. 1 (2023): JANUARY ]]>
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DOI: 10.55047/polri.v2i1.561
<![CDATA[Along with the development of science and technology, there has also been a shift in the form of war which we know is synonymous with military force, firearms and artillery explosions. Marked by the emergence of Proxy War as a new style in the world of war. The absence of direct involvement and the existence of competition between the great powers between the parties is one of the characteristics of the Proxy War itself but the Proxy War itself still has an impact that is as dangerous as a normal war, because Proxies can be formed from within/outside the country which makes it be difficult to detect. This paper aims to find out how Proxy War exists in historical developments and to see and understand Proxy War in the present which is very closely related to cyber warfare. The method used was a normative legal research method whose research focuses on the relationship between norms and predicts their development in the future. The findings showed that proxy war as a new style of warfare creates its own worries. Because the close link between Proxy War and Cyber War can cause national instability in a country. If propaganda that occurs in cyberspace is spread widely and systematically, this has the potential to cause riots within a country.]]>
<![CDATA[CIVIL LAW ANALYSIS OF UNWRITTEN AGREEMENTS IN BUSINESS ACTIVITIES ]]>
<![CDATA[Nabilasari Lesmana, Ega]]>;
<![CDATA[Yustiawan, Dewa Gede Pradnyana]]>
<![CDATA[ POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 2 No. 2 (2023): APRIL ]]>
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DOI: 10.55047/polri.v2i2.568
<![CDATA[In traditional societies, unwritten contracts were frequently used for commercial transactions. Unwritten agreements are weaker than written ones, particularly when it comes to proving their existence in the event of a dispute. The aim of this article was to conduct an analysis of unwritten agreements in civil law and to evaluate the advantages and disadvantages of forming and implementing such agreements. This is a normative legal research which focuses on positive law inventory, legal principles and doctrine, legal discovery in in concrete cases, legal systematics, level of synchronization, comparative law and legal history. In the deliberation, a verbal agreement was considered valid under civil law so long as it did not contradict Article 1320 of the Civil Code. The existence of a verbal agreement was also supported by the principle of contract freedom, which allowed the parties to determine the form of the agreement. Unwritten agreements were advantageous in terms of the amount of time required to reach an agreement and the use of trust in the formulation and implementation of the agreement, but they lacked the ability to be proven in the event of a dispute.]]>
<![CDATA[THE LEGALITY OF INTERFAITH MARRIAGE CONDUCTED ABROAD IN THE PERSPECTIVE OF INDONESIAN LAW ]]>
<![CDATA[Trisnawijayanti, Anak Agung Istri Agung Nindasari]]>;
<![CDATA[Dewi, Anak Agung Istri Ari Atu]]>
<![CDATA[ POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 2 No. 2 (2023): APRIL ]]>
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DOI: 10.55047/polri.v2i2.572
<![CDATA[Based on the provisions of the legislation that applies positively in Indonesia, it is stated that interfaith marriages cannot be carried out. However, it turns out that interfaith marriages still occur as a result of social interaction among all Indonesian citizens, so the interfaith couples carry out their marriages abroad. Interfaith marriages are implicitly not specifically regulated in the Marriage Law. The problem studied in this paper is how the legality of interfaith marriages abroad in the perspective of Indonesian law. The purpose of this study is to find out the legality of interfaith marriages abroad in the perspective of Indonesian law. This research uses a normative method by reviewing the laws and regulations related to the legal issues under study. The results of the study concluded that the legitimacy of interfaith marriages outside the jurisdiction of Indonesia was invalid because it violated several articles in the Marriage Law. If interfaith marriages abroad still occur, then the marriage is a violation of the law.]]>
<![CDATA[EXAMINING THE LEGAL STANDING OF DIGITAL SIGNATURES UNDER CIVIL AND ITE LAWS ]]>
<![CDATA[Diah Iswari, Desak Ayu Intan]]>;
<![CDATA[Rudy, Dewa Gede]]>
<![CDATA[ POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 2 No. 2 (2023): APRIL ]]>
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DOI: 10.55047/polri.v2i2.603
<![CDATA[This research aims to investigate the validity of digital signatures and their evidential value. This study adopts a normative juridical approach, utilizing a statutory method. The findings of this study reveal that: (1) Digital signatures have evidential strength as they are recognized by Article 5 of the ITE Law and are legally binding in civil cases in accordance with the relevant procedural laws of Indonesia. (2) In terms of legality under Indonesian positive law, digital signatures contained in electronic documents are considered valid in civil law, in accordance with the provisions of Article 1320 of the Civil Code and the enactment of Law Number 19 of 2016 Amendment to Law Number 11 of 2008, as well as Government Regulation No.71 of 2019, which deals with the Implementation of Electronic Systems and Transactions.]]>
