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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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JURIDICAL REVIEW OF THE INHERITANCE RIGHTS OF ADOPTED CHILDREN IN THE PERSPECTIVE OF THE CIVIL CODE Saputra, Citra Dewi; Surahmi, Mila; Husin, Zaimah; Merta, M. Martindo
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 2 No. 3 (2023): JULY
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v2i3.738

Abstract

This research examines the legal perspective of the inheritance rights of adopted children based on the Indonesian Civil Code. Inheritance is the transfer of property rights from a deceased person to living heirs, and in many cases, adopted children may be entitled to inherit from their adoptive parents. However, the status of adopted children in inheritance laws can be complex and raises various legal issues. The study explores the concept of adoption and its implications on the inheritance rights of adopted children. It analyzes relevant provisions of the Indonesian Civil Code and other related legal texts to understand the legal status of adopted children as heirs. The research also investigates the challenges and problems that may arise in determining the inheritance rights of adopted children, particularly when there are natural descendants or other adoptive children involved. By adopting a qualitative research approach, the study gathers data through legal document analysis and interviews with legal experts. The findings shed light on the legal intricacies surrounding the inheritance rights of adopted children and provide insights into the recognition and protection of their rights under the prevailing legal framework. The research contributes to the understanding of the legal complexities surrounding adoption and inheritance in Indonesia and highlights the importance of addressing these issues to ensure fair and just treatment of adopted children in matters of inheritance.
The LEGAL PROTECTION FOR CONSUMER OF DRUG PRODUCER THAT DOES NOT HAVE A DISTRIBUTION PERMIT FROM THE FOOD AND DRUG CONTROL AGENCY (BPOM) Lazuardi, Hendra; Handayati, Nur
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 2 No. 4 (2023): OCTOBER
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v2i4.772

Abstract

For maintain health in carrying out daily activities, humans consume drugs as a healing solution for the ailments they experience. However, cases of illegal drug distribution threaten the health of someone who accidentally consumes illegal drugs without testing by the Food and Drug Monitoring Agency. The purpose of this research is to analyze the process of granting licenses to the distribution of drugs by BPOM and legal protection for consumers against the distribution of drugs that do not have distribution permits. This type of research is normative legal research with the Statue and Case Approach. Analysis data used descriptive qualitative analysis of existing laws and regulations to find answers to cases of drug trafficking that do not have a distribution permit. The results of the study prove that the process of granting permits for drug distribution by BPOM is carried out in two stages, namely the Pre-registration and Registration stages with the fulfillment of the required statements and documents. The evaluation process is carried out for 100 days for new drug products which is carried out by the Head of the BPOM Agency. Legal protection for consumers against the distribution of drugs that do not have a distribution permit is by imposing a maximum imprisonment of 15 years and a maximum fine of IDR 1,500,000,000.00 for the perpetrator. For producers who do not have the expertise and authority to carry out pharmaceutical practices, they will be fined a maximum of IDR. 100,000,000.00.
EFFORTS MADE BY POLRI AS LAW ENFORCEMENT OFFICIALS IN COMMITTING CRIME WITH VIOLENCE (BEGAL) Sutanto, Hermawan; Borman, Syahrul
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 2 No. 4 (2023): OCTOBER
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v2i4.773

Abstract

The crime of robbery involves theft that can lead to the loss of a person's life. To address this issue, the police are empowered with authority and responsibilities outlined in Article 13 of Law Number 2 of 2002. These responsibilities include maintaining security and public order, upholding the law, and providing protection, services, and assistance to the community. This research aims to (1) understand the role of the National Police in combating criminal acts involving violence (such as "begal"), and (2) explore efforts to uphold the rule of law when addressing such criminal acts. This study adopts a normative legal research approach, incorporating statutory, case-based, and conceptual legal analyses. Legal materials are examined through interpretation and relevant legal theories, leading to deductive conclusions. The findings of this study reveal that (1) Robbery is classified as a criminal act punishable under Criminal Code Articles 365 and 368. The National Police employs preventive measures by advising the public to exercise caution in areas susceptible to robberies. Additionally, repressive legal actions are taken through investigations and trials to administer punishments. (2) If certain conditions for accountability are met, an individual displaying deviant behavior may commit specific criminal acts. Therefore, a perpetrator utilizing a planned approach to commit robbery, accompanied by the required evidence, could be sentenced to up to 12 years of imprisonment.
ANALYSIS OF INFORMED CONSENT AS THE LEGAL PROTECTION OF PHYSICIAN RELATIONSHIPS AND PATIENTS IN MALPRACTICE CASES: (Case Study of Supreme Court Decision Number 21/Pdt.G/2018/PN Mnk) Lazuardi, Irwan; Marwiyah, Siti
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 2 No. 4 (2023): OCTOBER
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v2i4.774

Abstract

The implementation of medical behavior involves two parties, namely doctors or other health workers as executors of medical behavior and patients as recipients of medical behavior bound in Informed Consent. However, the occurrence of malpractice cases causes the role of Informed Consent to be doubted both from the patient and doctor's side because the validity of Informed Consent becomes biased if there is no legal basis and knowledge of the agreement. The research aims to analyze the role of Informed Consent as legal protection for the relationship between doctors and patients in cases of malpractice and to analyze the legal remedies given to doctors and patients in malpractice cases in Supreme Court Decision Number 21/Pdt.G/2018/PN Mnk. This type of research is normative research using a statutory-based approach. The process of collecting data through a literature study with an analysis of legal materials through a qualitative descriptive analysis. The results of the study prove that the role of informed consent as legal protection is not entirely a determinant of a case being declared as malpractice. From the decision Number 21/Pdt.G/2018/PN Mnk it was concluded that the existence of Informed Consent could not be used as legal protection because the doctor was proven to have made a mistake in setting the drug dosage. Related to the legal protection given to patients who are victims of malpractice is the Health Law no. 23 of 1992 which gives everyone the right to ask for compensation for mistakes and negligence committed by health workers.
RATIO DECIDENDI IN DETERMINING TOOLS OF EVIDENCE INSTRUCTIONS FOR SETTLEMENT OF CRIMINAL CASES IN THE MURDER TRIAL Wahono, Eddy; Prawesthi, Wahyu
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 2 No. 4 (2023): OCTOBER
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v2i4.780

Abstract

Evidence is needed to show the truth of the crime that occurred. The importance of evidence as evidence in legal cases greatly influences the outcome of the decision determined by the judge. The completeness and validity of evidence is the most important factor in determining a case decision. So based on the problems above, researchers will conduct an analysis of the application of evidence and obstacles to the application of evidence in Decision Number: 1342 K/Pid/2022. This study uses a normative legal research type with the Statue Approach and Case Approach approaches. Sources of legal material come from the Civil Code (KUHAP) Articles 183 to 189 and Articles 55 and 56 of the Criminal Code. The process of collecting data through a literature study will be analyzed using a qualitative descriptive analysis. The results of this study are: 1) The application of evidence in the court decision Number: 1342 K/Pid/2022 concerning the Criminal Act of Murder is in accordance with the existing requirements and has the force of law in proving the murder case that occurred, and 2) The Judge does not encountered obstacles in the use of evidence to drop Court Decision Number: 1342 K/Pid/2022 concerning the Crime of Murder where evidence was available from the Defendant's Statement, Witness Statement and Physical Evidence that corroborated the occurrence of a violation of the law.
CAREER DEVELOPMENT CHALLENGES IN STRENGTHENING THE PERFORMANCE OF THE POLRI BAINTELKAM Nurwicaksono, Michael Bagus Herwasto; Dwilaksana, Chryshnanda; Simanjuntak, Payaman Jan
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 2 No. 4 (2023): OCTOBER
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v2i4.828

Abstract

The role of Baintelkam Polri is critically important in maintaining national security stability, identifying and responding to complex and varied security threats. In carrying out its duties, Baintelkam Polri plays a crucial role in gathering information, conducting intelligence analysis, and providing strategic recommendations to support national security policies. However, in the execution of its responsibilities, the Police Baintelkam faces numerous challenges stemming from various aspects, including the rapid advancements in information and communication technology. This technological progress poses a significant challenge to the Police Baintelkam as it opens up new opportunities for cybercriminals and terrorist groups to operate online. Consequently, addressing this threat necessitates more intensive efforts in monitoring and gathering information. The theories employed in this study encompass human resource management, career management, job satisfaction, and SWOT analysis. The research method adopted a qualitative approach, utilizing data collection techniques such as interviews, observations, and data documentation. The findings of this study underscore the pivotal role of career development within the National Police's Security Intelligence Agency (Baintelkam) in enhancing the performance of its members and upholding professionalism in the execution of security intelligence tasks. In an ever-evolving intelligence landscape, career coaching assists members in remaining relevant and effective. Consequently, career development strategies hold significant importance in surmounting challenges and fortifying the performance of the National Police's Security Intelligence Agency (Baintelkam). The overarching objective of career development is to enhance the capabilities, qualifications, motivation, and performance of members, equipping them to address complex and evolving situations in the realm of security intelligence.
THE INFLUENCE OF DIGITALIZATION ON BANKING FINANCIAL INSTITUTIONS IN INDONESIA Mahayana, Destri Ayu Larasati; Purwanto, I Wayan Novy
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 2 No. 4 (2023): OCTOBER
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v2i4.864

Abstract

The development of digitalization systems has a direct impact on the banking industry, both positively and negatively. This research aims to examine the influence of digitalization on financial banking institutions in Indonesia and how efforts are made to prevent the negative effects of banking service digitalization in Indonesia. This study employs a normative legal research method, utilizing a legislative approach. One of the positive impacts of digitalization on financial banking institutions in Indonesia is the emergence of digital banking services. However, one of its negative consequences is the potential for cybercrimes. To prevent the negative effects of banking service digitalization in Indonesia, various preventive measures can be taken, such as not disclosing PINs to others and exercising caution when using internet applications. Additionally, the Financial Services Authority (OJK) has issued Regulation No. 13/POJK.03/2020 amending Regulation No. 38/POJK.03/2016 regarding the Implementation of Risk Management in the Use of Information Technology by Commercial Banks.
CRIMINAL ACCOUNTABILITY FOR CIVIL SERVANT (CPNS) ADMISSION FRAUD Abdillah, Akhmad Rezaldi Fahd; Astutik, Sri
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 2 No. 4 (2023): OCTOBER
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v2i4.795

Abstract

Several instances of misconduct have occurred, wherein certain individuals have taken advantage of public interest surrounding the CPNS registration process. In 2018, Defendants AD and SH profited IDR 200 million. In 2019, Defendant HB gained a profit of up to 5.7 billion Rupiah through the CPNS Recruitment mode, and in 2021, (ON) amassed a profit of 9.7 billion Rupiah. This research aims to analyze the application of the law to cases of fraud perpetrated against Candidates for Civil Servants (CPNS), and propose preventive measures to curb instances of fraud under the guise of a special pathway. The study is conducted through both normative and sociological legal research, utilizing a sociological interpretive approach. The Statute Approach and Case Approach are employed in this study. Legal material is gathered using library techniques, and the analysis of legal materials is performed using qualitative methods. The study's findings reveal that: (1) CPNS registration is strictly free of charge, and any claims suggesting the availability of internal routes for assistance are baseless. Perpetrators of such acts are subject to charges under Article 378 of the Criminal Code, which involves deceiving and causing harm to others. (2) Candidates applying for CPNS positions need not seek any special means to pass the selection process, as the principle of Bureaucratic Reform within the state civil apparatus prohibits any form of illicit practice.
JURIDICAL REVIEW OF LEGAL PROTECTION OF HEALTH PERSONNEL ACCORDING TO INTERNATIONAL AND NATIONAL LAW Andayani, Ari; Kurniawan, Agus
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 2 No. 4 (2023): OCTOBER
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v2i4.868

Abstract

Health represents a fundamental ideal of the Indonesian nation and serves as an embodiment of human rights. To ensure a high standard of health, the role of Health Workers is pivotal. However, several incidents have highlighted the prosecution or attacks on these workers during the provision of services, revealing a deficiency in both national and international legal protections. This research aims to analyze the legal protection arrangements for health workers in accordance with National and International Law, as well as identify the factors contributing to the non-compliance with legal protection regulations for health workers. The research is of a normative legal nature, employing a statutory and case-based approach. Data was collected through a comprehensive literature review using qualitative descriptive analysis. The findings of the study indicate that the legal protection for health workers has been outlined in National Law under Law no. 36 of 2014, while International Humanitarian Law serves as the framework for granting legal protection to Health Workers on an international scale. Factors contributing to the non-compliance with national legal protection regulations for Health Workers include Educational, Trust, and Environmental Factors. On the other hand, the non-compliance with legal protection regulations for Health Workers in the context of international law is primarily due to a lack of understanding and awareness of International Humanitarian Law, compounded by the challenges faced during times of conflict between nations.
IMPLEMENTATION OF PROFESSIONAL ZAKAT FOR STATE CIVIL SERVANTS FROM THE PERSPECTIVE OF MAQASID AL-SHARIA: (Case Study of BAZNAS in Sinjai Regency) Taqiyuddin BN, Andi Muh.; Lutfi, Mukhtar; Bakry, Muammar Muh.; Muin, Rahmawati
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 2 No. 4 (2023): OCTOBER
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v2i4.894

Abstract

The primary focus of this qualitative research is to examine the implementation of professional zakat for Civil Servants (ASN) in Sinjai Regency from the perspective of Maqāṣid Al-Syarī’ah, with BAZNAS as a case study. The research breaks down this central inquiry into specific sub-problems, aiming to analyze the alignment of Maqāṣid Al-Syarī’ah principles with the execution of professional zakat for ASN in Sinjai Regency. Data for the study is primarily sourced from key individuals, including the Chairperson and Vice Chairpersons of BAZNAS in Sinjai Regency, zakat payers, the Head of Zakat and Waqf Implementation at the Ministry of Religious Affairs in Sinjai Regency, the Head of the Regional Finance and Asset Agency, and the Head of the Regional Personnel and Human Resource Development Agency in Sinjai Regency. Data is collected through observation, interviews, and documentation, and the analysis is structured into stages of data collection, reduction, presentation, and conclusion drawing. The research reveals that professional zakat management for ASN by BAZNAS in Sinjai Regency is conducted even without clear local regulations, in coordination with various government entities. The distribution and utilization of zakat adhere to five programs, yet its alignment with Maqāṣid Al-Syarī’ah is hindered by various obstacles in its application for civil servants in Sinjai Regency.

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