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Journal : POLICY, LAW, NOTARY AND REGULATORY ISSUES (POLRI)

ANALYSIS OF DEBTOR'S EFFORTS IN SETTLEMENT OR IMPLEMENTING CREDIT OBLIGATIONS DURING THE NON-NATURAL NATIONAL DISASTERS OF THE COVID-19 PANDEMIC Artanta Barus; Tofik Yanuar Chandra; Ramlani Lina Sinaulan
POLICY, LAW, NOTARY AND REGULATORY ISSUES (POLRI) Vol. 1 No. 2 (2022): APRIL
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (356.617 KB) | DOI: 10.55047/polri.v1i2.178

Abstract

Due to Covid-19 pandemic many debtors unable to fulfill their obligations to creditors in a credit agreement. Such conditions rising the opinion and/or use the Covid-19 Pandemic as an excuse for debtor not to fulfill their obligations to creditors in a credit agreement on the grounds of forced circumstances (overmacht). This study aims to find out the debtor's efforts in settlement or implementing credit obligations during the non-natural national disasters of the covid-19 pandemic. The type of research used is normative legal studies, which are conducted through a process of legislation and regulatory evaluation. In terms of technique, scientifically normative legal science disclosure methods are constrained by deductive logic criteria. This study employed normative legal research methods. This method investigates law from an internal juridical standpoint, examining legal norms, legal conceptions, legal principles, and legal doctrines. The technique taken in this research is a legal and conceptual one, with primary and secondary legal material sources. The technique for collecting legal materials is to assess all books relevant to the subject of the research, and then compile them in a quantifiable and systematic manner. The findings highlight that with the prevailing laws and regulations due to the Covid-19 Pandemic, business actors are given legal certainty for business loans made in this case debtors, both individual debtors and business entity debtors, so that the impact of credit risk caused by the Covid-19 pandemic can be overcome properly and does not cause a debate over credit conditions during the Covid-19 Pandemic.
APPLICATION OF CRIMINAL SANCTIONS AGAINST CHILDREN AS A PERPETRATORS OF ABUSE THAT CAUSE DEATH FROM THE JUVENILE CRIMINAL JUSTICE SYSTEM PERSPECTIVE Novita Lestari; Tofik Yanuar Chandra; Sanrawan Paparang
POLICY, LAW, NOTARY AND REGULATORY ISSUES (POLRI) Vol. 1 No. 3 (2022): JULY
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (395.772 KB)

Abstract

The main objective of this study is to describe the application of criminal sanctions against children who commit acts of abuse that result in death, as well as the legal protection from the viewpoint of the Juvenile Criminal Justice System. This study employs a normative juridical legal research research methodology; the technique used in this legal research is statutory, case-based, and conceptual approach. The study's study found that the legal regulation of children who commit violent crimes under the Criminal Code does not reflect an authentic understanding of what constitutes violence. Only in article 89 of the Criminal Code does it indicate that what constitutes committing violence causes individuals to faint or become helpless (weak). Along with Article 89 of the Criminal Code, Article 170 is one of the articles included in Book II on Crime's Chapter V headed "Crimes against Public Order." Consequently, the criminal conduct as defined in Article 170 is first and foremost a criminal act that violates or disturbs public order. Criminal responsibility for children who commit acts of physical violence that result in death is tied to the arrangement in Article 351 paragraph (3) of the Criminal Code, as criminal responsibility is imposed on children when the child is found to have fulfilled the criminal element through an error committed by the child, violence committed by the child, and victims who are victims of physical violence are known to have died at the time or after the physical violence was committed.
LAW ENFORCEMENT AGAINST FOREIGN FISHERMEN PERPETRATORS OF ILLEGAL FISHING CRIMES IN INDONESIA Ardiyansah; Tofik Yanuar Chandra; Mohamad Ismed
POLICY, LAW, NOTARY AND REGULATORY ISSUES (POLRI) 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.
WATER AND AIR POLICE CORPS (POLAIRUD) AUTHORITY IN PREVENTING THEFT ON LEGO ANCHORS SHIPS IN THE TANJUNG PRIOK PORT AREA Surya Wahyudi; Tofik Yanuar Candra; Mohamad Ismed
POLICY, LAW, NOTARY AND REGULATORY ISSUES (POLRI) 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.