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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 216 Documents
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VIOLATION OF ETHICS BY PUBLIC OFFICIALS IN RELATION TO CORRUPTION CASES Mulkan, Hasanal; Okprianti, Reny; Aprita, Serlika; Pratama, Ferindi Ramadan
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 3 No. 1 (2024): JANUARY
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v3i1.896

Abstract

The public ethics of state officials in the administration of clean government holds an important position and role as a guide for good behavior in carrying out their duties. The occurrence of political corruption is not solely attributed to the extent of authority possessed but is also rooted in the violation of the ethics of state officials. This study employs qualitative research methods and a literature approach to explore law violations stemming from breaches of state officials' ethics, focusing on the Hambalang Political Corruption case handled by the KPK. The investigation delves into how violations of state officials' ethics transpire, originating from both the executive and legislative branches.The breach of state officials' ethics in this case is linked to the struggle for interests in securing funds to support a candidate for the general chairmanship of a political party. Beyond implicating the executive and legislature, the corruption also involves the private sector. The manipulation of legal loopholes in preparing the APBN is exploited to inflate the value of the Hambalang project, resulting in substantial budgets, profits, and an escalation of corrupted funds. The case study reveals ethical violations by state officials, characterized by dishonest behavior, data manipulation, and a lack of transparency to secure approval for the Hambalang project. These ethical transgressions are coupled with legal violations, ultimately eroding public trust in endeavors to establish a corruption-free government, particularly concerning officials affiliated with political parties.
IMPLEMENTATION OF ELECTRONIC LAND CERTIFICATES AS LEGAL LAND OWNERSHIP Rachmah, Andriana; Djaja, Benny; Sudirman, Maman
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 3 No. 1 (2024): JANUARY
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v3i1.900

Abstract

With the issuance of Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency Number 1 of 2021 concerning Electronic Certificates, this is a new breakthrough from the government to protect the public and provide legal certainty regarding ownership of land rights. Due to the frequent occurrence of various land disputes which will ultimately be detrimental to society, such as falsification of land certificates, the existence of multiple land certificates or overlapping land certificates and the rise of the land mafia. The problem formulation for this research is how to implement the implementation of electronic land certificates as legal land ownership? and what about legal protection and certainty after the implementation of electronic land certificates? In practice, Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency of the Republic of Indonesia Number 1 of 2021 concerning electronic certificates is relevant to be implemented today in line with the rapid development of science, technology and information. Legal certainty in the process of obtaining land rights is based on statutory rules and government regulations to prevent misuse of land rights, and can provide legal protection for land rights owners. This Ministerial Regulation aims to realize the modernization of land services in order to improve indicators of ease of doing business and public services to the community, thereby optimizing the use of information and communication technology by implementing electronic-based land services.
LEGAL ANALYSIS OF THE LIMITED LIABILITY COMPANY NAME CHECK SYSTEM THROUGH ONLINE GENERAL LEGAL ADMINISTRATION Esa Prameswari, Rr. Ayu Gayatri; Djaja, Benny; Sudirman, Maman
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 3 No. 1 (2024): JANUARY
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v3i1.901

Abstract

A Limited Liability Company (LLC) is gaining popularity within various business circles as a legal entity consisting of directors, commissioners, and shareholders. Establishing an LLC requires adherence to specific requirements and procedures to obtain legal documents, with evidence and manifestation of legality aspects presented, registered, and ratified by the Directorate General of Law and Human Rights through the online system. Formally, the deed for LLC establishment must be drafted in Indonesian by at least two individuals, meeting the material requirements specified in Article 9 of Law Number 40 of 2007 concerning Limited Liability Companies. The procedure for creating a Deed of Establishment by a notary is governed by Article 39 of Law Number 2 of 2014 concerning the Position of Notaries, involving presenters approaching the notary, verification of the name, signing of the deed, registration with the relevant Ministry, and issuance of a Legal Entity Decree. Notaries may encounter obstacles, including technical issues like system inaccessibility, addressed through communication with AHU Online (Online General Legal Administration), and non-technical issues resolved through improvements. Responsibility for material truth lies in the validity of the deed, while responsibility for formal truth involves adherence to statutory regulations in the deed-making process.
ELECTRONIC LEGAL CERTAINTY OF THE ROYA DEED OF ENCUMBRANCE Rania, Rania; Djaja, Benny; Sudirman, Maman
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 3 No. 1 (2024): JANUARY
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v3i1.902

Abstract

The authority of a Notary is a distinct jurisdiction, grounded in Law Number 2 of 2014 Amendment to Law Number 30 of 2004 concerning the Position of Notary. The mortgage right, serving as collateral, is registered by the bank through a Notary/PPAT with the local National Land Agency. This process results in the issuance of a Deed of Mortgage Encumbrance (APHT) for the land used as collateral. Subsequent to the termination or deletion of the mortgage right, the note or mortgage right is electronically written off. The research problem is formulated as follows: What is the mechanism for electronic mortgage registration, and what is the legal certainty of electronic mortgage deeds? The electronic mortgage registration can be conducted either directly by the community or with the assistance of a Notary in their respective locations, facilitating the process for the community. The introduction of Electronic Mortgage Rights brings positive benefits to the community, banks/creditors, and PPAT, streamlining the mechanism for binding and registering mortgage rights, making it more efficient, faster, and cost-effective. Moreover, Regulation of the Minister of ATR/Head of BPN Number 5 2020 ensures legal certainty and protection for the public, particularly creditors. When executing a Roya Deed of Mortgage, the debtor must appear before a notary, ensuring legal certainty as authentic evidence of their actions, in accordance with Article 15 paragraph (1) of the Notary Position Law.
RESPONSIBILITY OF THE HEAD OF THE NATIONAL LAND AGENCY FOR THE ISSUANCE OF LAND OWNERSHIP CERTIFICATES WITH ADMINISTRATIVE LEGAL DEFECTS Yuris, Rahmat Febria; Sudiro, Amad
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.v2i4.911

Abstract

This paper delves into the responsibility of the head of the national land agency in handling administrative defects in Land Ownership Certificates (SHM) within the purview of administrative law. Employing a normative juridical research method, the study discerns that deficiencies in SHMs arise from various factors, whether intentional or unintentional. Such shortcomings may manifest in the data supplied by applicants during the certificate creation process or result from errors, both intentional and unintentional, in the identification of objects and subjects. Object-related discrepancies include inaccuracies in land mapping and measurement, while subject-related errors involve misinformation provided by applicants. This research aims to elucidate the origins of administrative defects in SHMs and underscores the pivotal role of the head of the national land agency in rectifying and preventing such issues. By understanding these factors, this study contributes to the broader discourse on enhancing the efficacy and reliability of land ownership certification processes, emphasizing the need for proactive measures to address and mitigate administrative defects.
ANALYSIS OF OPPORTUNITIES AND CHALLENGES OF 30% FEMALE REPRESENTATION IN THE LEGISLATURE: PERSPECTIVES FROM JOHN RAWLS' THEORY OF JUSTICE Gian Erlangga, I Nyoman
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 3 No. 1 (2024): JANUARY
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v3i1.912

Abstract

This research aims to explore the possibilities of achieving a 30% representation of women in the legislature through the lens of John Rawls' theory of justice. Additionally, it examines the challenges faced in implementing this representation. The research adopts a normative legal research approach. In essence, Citizens share the same basic rights, one of which is the right to elect and vote. The Election Law regulates the 30% women's representation in the legislature, and efforts are being made to promote and protect women's rights in this regard. These efforts align with Rawls' concept of maximum freedom, which emphasizes that individual rights should not be compromised for the sake of society or the state. However, obstacles persist in achieving the 30% women's representation in the legislature, primarily due to the prevailing patriarchal culture in society. Rawls suggests that non-violent political means can be employed to challenge and overcome such injustices. Implementing affirmative policies is one effective approach to combat the patriarchal culture and promote gender equality.
BRIS AT IDX: A LOOK AT HOW SHARIAH BANK MERGER WORKS IN INDONESIA Liandi, Andryan; Kansil, Christine S.T.
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.v2i4.920

Abstract

This article provides a comprehensive exploration and analysis of the complex legal framework surrounding the merger of PT Bank Syariah Mandiri, PT Bank BRI syariah Tbk, and PT Bank BNI Syariah, resulting in the establishment of Bank Syariah Indonesia (BSI). The analysis meticulously categorizes the legal requirements applicable to both private and public Shariah banks, referencing key regulations such as POJK 41/2019, Law 40/2007, POJK 15/2020, POJK 74/2016, and others. The study delves into the essential elements of the merger process, navigating through the intricacies involved in formulating a comprehensive merger plan. This includes a detailed examination of share evaluation methodologies and the resolution of associated rights and obligations. The article places significant emphasis on the disclosure of material facts, highlighting the importance of transparently communicating information that has the potential to impact stakeholders. Additionally, the analysis extends to the multifaceted approval processes required for the successful execution of the merger, encompassing internal approvals from boards of directors and commissioners, as well as regulatory bodies. The article sheds light on the intricate procedures and criteria outlined by the Indonesia Stock Exchange (IDX) regarding such transformative transactions, further adding complexity to the overall process.
ANALYSIS OF THE DISPUTE RESOLUTION MECHANISM OF THE TRIUMVIRATE MINISTER AS THE EXECUTOR OF PRESIDENTIAL DUTIES IN INDONESIA Saputra, Komang Yoga; Bagiastra, I Nyoman
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.v2i4.922

Abstract

The 1945 Constitution regulates the position of triumvirate ministers, including the Minister of Home Affairs, Minister of Foreign Affairs, and Minister of Defense, collectively empowered to replace the president and vice president in case of a vacancy. The exercise of this authority increases the likelihood of disputes among the three ministers while performing presidential duties in Indonesia. The conflicting implications of the triumvirate minister position and its assumed powers stem from the diverse backgrounds of the three different institutions. Therefore, a clear mechanism is necessary for resolving conflicts among triumvirate ministers. This study employs normative legal research methods with a statutory law approach, utilizing primary legal material and secondary legal materials such as books and journals. The findings reveal that the dispute resolution mechanism for triumvirate ministries is fundamentally within the purview of the Constitutional Court, as affirmed by the Constitution. However, a lack of detailed derivative regulations has led to a blur in norms related to the interpretation of state institutions outlined in the Constitution. This gap arises due to the absence of regulations that provide a comprehensive explanation of these state institutions.
STRATEGY OF ENVIRONMENTAL LEGAL ARRANGEMENT AS AN EFFORT TO PREVENT NATURAL DISASTERS, FLOODS, AND LANDSLIDES IN NORTH SULAWESI Kalalo, Flora Pricilla; Pinangkaan, Nelly; Rewah, Reymen M.
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 3 No. 1 (2024): JANUARY
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v3i1.924

Abstract

The prevention of violations of Environmental Law is based on Law Number 32 of 2009, which requires all members of society to comply with the law. National guidelines for preventing natural disasters have been established by BNPB, Provincial and Regional Governments as policies for society to follow. Compliance with environmental laws is crucial to ensure that people do not live in prohibited areas designated by the government. Failure to comply with environmental permits has resulted in losses and casualties during floods and landslides in Manado and North Sulawesi. Environmental standards are regulated by laws and institutions such as BNPB, as well as local government regulations. However, despite these regulations, environmental problems still persist. This research aims to address the legal strategies for structuring environmental law that must be followed by the community, as well as the enforcement strategies and sanctions for those who violate environmental laws. The research uses normative research methods focusing on two indicators: the basic strategies for structuring environmental laws and the enforcement strategies and sanctions for violators.
IMPLEMENTATION OF ELECTRONIC TICKET SANCTIONS FOR TRAFFIC VIOLATORS IN BONE DISTRICT Safina, Safina; Lutfi, Muhammad; Takdir, Muhammad
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 3 No. 1 (2024): JANUARY
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v3i1.926

Abstract

The transportation system is very important in a city, both in big cities and small cities. There are so many traffic violations that occur on the highway caused by road users who do not obey traffic rules, this can cause congestion and can even cause traffic accidents. With the E-Tilang service, the implementation of traffic tickets is faster than manual tickets, besides that there is transparency or openness in its implementation. The method used in this research uses a qualitative research method with a literature study approach to explain the application of e-Tilang sanctions in Bone Regency. The application of e-Tilang sanctions in Bone Regency has not been implemented optimally because the socialization carried out by law enforcement officials has not been maximized so that there are still people who do not know about the implementation of e-Tilang and the community still does not fully support e-Tilang because of the high costs that must be incurred.

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