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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,
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 80 Documents
EFFICIENCY OF IMPLEMENTING SANCTIONS IN CASE OF POLYGAMY IN THE MODERN ISLAMIC WORLD M. Samson Fajar; Abdul Qadir Jaelani
POLICY, LAW, NOTARY AND REGULATORY ISSUES (POLRI) Vol. 1 No. 1 (2022): JANUARY
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Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (308.161 KB) | DOI: 10.55047/polri.v1i1.21

Abstract

Reform of family law is necessary, and this has become a trend in the renewal of Islamic family law in the modern world. One of the themes studied is the application of legal sanctions (criminalization). Criminalization is a product of modern law, which is very different from the fiqh law, which refers to society. In this study, polygamy is the theme that will be discussed. How is the implementation of criminal sanctions in cases of polygamy in some modern Muslim countries? The country objects that are the focus of the study are Indonesia, Malaysia, and Tunisia. The study approach uses a comparative approach, including vertical comparison (state law-classical legal doctrine), horizontal comparison (Law between countries), diagonal comparison (level of legal dynamics). Results in two conclusions that polygamy as a study of Islamic family law is a private matter and a public issue, so it requires firmness of sanctions. There are two views that polygamy law is prohibited and allowed with conditions, as for those who prohibit it, Tunisia by imposing criminal sanctions and those who allow it on condition that Indonesia and Malaysia, by imposing light sanctions.
ANALYZING TRIALS THROUGH ONLINE MEDIA DURING THE COVID-19 PANDEMIC IN INDONESIA Angga Putra Pratama; Dewa Gede Pradnya Yustiawan
POLICY, LAW, NOTARY AND REGULATORY ISSUES (POLRI) Vol. 1 No. 1 (2022): JANUARY
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Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (313.57 KB) | DOI: 10.55047/polri.v1i1.22

Abstract

The Corona Virus (Covid-19) pandemic is a challenge for humans to transform life activities, so that people have to adapt to changes in human activities, along with the addition of positive cases of the Covid-19 corona virus, the government enforces the Work from Home (WFH) policy. Likewise, the judicial apparatus must carry out its obligations to carry out trials, with the existence of online court media being an alternative in conducting virtual trials/teleconferences, this is a new breakthrough in conducting trials. So that people get justice and the right to get a legal process Keywords: the judge, online media, Corona Virus (covid-19)
SUPERVISION OF PREDATORY PRICING ON E-COMMERCE TRANSACTIONS IN INDONESIA Made Lia Indah Sari; Dewa Gede Rudy
POLICY, LAW, NOTARY AND REGULATORY ISSUES (POLRI) Vol. 1 No. 1 (2022): JANUARY
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Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (348.646 KB) | DOI: 10.55047/polri.v1i1.23

Abstract

This study aims to determine the legal arrangements for predatory pricing in e-commerce transactions in Indonesia, as well as to determine the supervision of predatory pricing in e-commerce transactions in Indonesia. The method used in this research is to use a review of the literature study known as the normative legal research method. The approach used is the case approach, the statutory approach and the legal concept approach which aims to provide a legal view of the vacuum of norm issue due to the lack of affordability of regulations that strictly regulate the eradication of predatory pricing in e-commerce transactions. The analysis technique used is descriptive technique. The predatory pricing method is getting more complex with the presence of e-commerce which is classified as part of business actors who run their business subject to the Anti-Monopoly Law. Predatory pricing in Article 20 of the Anti-Monopoly Law focuses on the intention of eliminating competition which should support the nation's economic development, so that it is contrary to the objective of protecting business competition activities. Supervision of predatory pricing action refers to the basis of the regulation contained in the Anti-Monopoly Law, so based on Article 30 and Article 31 of the law, it shows that there is attributive authority to KPPU as an independent institution to supervise and maintain the business competition climate in Indonesia. The KPPU's efforts to supervise predatory pricing in e-commerce transactions can only be carried out when it is clear that the e-commerce with the benefits is carried out in the jurisdiction of the Republic of Indonesia. If predatory pricing occurs, KPPU has the authority to take actions as outlined in Article 36 of the Anti-Monopoly Law.
JURIDICAL ANALYSIS OF FINANCING CONTRACTS POST CONVERSION OF BANK NTB INTO BANK NTB SHARIAH Yeni Idayana Attoyibah; Hirsanuddin; Djumardin
POLICY, LAW, NOTARY AND REGULATORY ISSUES (POLRI) Vol. 1 No. 1 (2022): JANUARY
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Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (369.992 KB) | DOI: 10.55047/polri.v1i1.24

Abstract

Islamic banking shows great potential, this is indicated by the large number of conventional banks converting to sharia-based banks. The conversion of conventional commercial banks to Islamic commercial banks has its own terms and procedures because it has quite basic differences, especially in the characteristics between interest calculation and profit sharing. Likewise, regarding the legal consequences that arise after conventional commercial banks are converted into Islamic commercial banks, of course, they also have their own characteristics. This research aims to find out how legal certainty over the Post-Conversion Financing Contract of NTB Bank into Bank NTB Shariah. This type of research is normative juridical research. This research uses a statute approach. Sources of Legal Materials used are primary, secondary, and tertiary legal materials. The collection of legal materials is carried out by methods of documentation studies and literature studies. The material is analyzed descriptively. The agreement in the financing contract at Islamic banking system is identical to the agreement in the credit contract at conventional banks, because the agreement's concept still refers to the Civil Code's Book III on General Engagements. According to Article 1233 of the Civil Code, an engagement occurs as a result of an agreement or by legislation. However, it should be noted that while financing Islamic banks, they must adhere to the Islamic economic rules that govern all banking activities.
JURIDICIAL REVIEW IMPLEMENTATION OF LAND REGISTRATION ACCORDING TO GOVERNMENT REGULATION NO. 18 OF 2021 CONCERNING MANAGEMENT RIGHTS, LAND RIGHTS, FLAT UNITS AND LAND REGISTRATION Lalu Nuzul Indrawan; Arba; Aris Munandar
POLICY, LAW, NOTARY AND REGULATORY ISSUES (POLRI) Vol. 1 No. 1 (2022): JANUARY
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Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (428.621 KB) | DOI: 10.55047/polri.v1i1.27

Abstract

There are differences from the implementation of land registration related to the announcement of land registration. The Government Regulation should be implemented properly, but in fact in the field the regulation still does not provide certainty. In order to provide legal certainty to the community with the issuance of Government Regulation Number 18 of 2021. The purpose of this study was to determine and analyze the legal arrangements for land registration according to Government Regulation No. 18 of 2021 concerning Management Rights, Land Rights, Flat Units, and Land Registration, and to identify and analyze Government Regulation No. 24 of 1997 concerning Land Registration with Government Regulation No. 18 2021 concerning Management Rights, Land Rights, Flat Units, and Land Registration, and to find out and analyze the legal consequences of changes to Government Regulation Number 24 of 1997 after the enactment of Government Regulation Number 18 of 2021. This research is normative legal research. Approach methods used in this research are Legislative Approach, Conceptual Approach, Comparative Approach; and analytical approach. Based on the research findings, it can be concluded that Regulations which is the legal basis that is still valid for Government Regulation Number 18 of 2021 concerning Management Rights of Land Rights, Flats and Land Registration Units which are still being carried out without first revoking Government Regulation Number 24 of 1997 concerning Land Registration which has a period of The announcement is different between the two Government Regulations, namely, with the principle of Lex Posterior Derogat Legi Priori.
ANALYSIS RELATED TO JUDGES’ CONSIDERATIONS IN THE IMMEDIATE DECISION OF CRIMINAL ACTIONS AGAINST CHILDREN Iskandar; Ariza Umami; Dilla Fadilla
POLICY, LAW, NOTARY AND REGULATORY ISSUES (POLRI) Vol. 1 No. 1 (2022): JANUARY
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Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (455.748 KB) | DOI: 10.55047/polri.v1i1.32

Abstract

Analysis of Judges' Considerations in Imposing Decisions on Immoral Crimes Against Children and implementation of decisions related to Law Number 23 of 2002 concerning Child Protection Article 81 Paragraph (2). The purpose of this paper is to analyze the judge's considerations in deciding cases of immoral crimes against children. This research method uses an empirical juridical approach which is carried out by interviewing several respondents or related sources. The results of the study show that when judges are deciding on criminal cases involving children, they take into account both items that charge and things that relieve the issue. However, the implementation of the verdicts in criminal cases involving children is carried out in line with the Operational Standards of General Criminal Procedure, as well as with the Children's Criminal Justice System. There are three different types of decisions that can be made under the provisions of the KUHAP, namely: court decisions in the form of a judgment (Veroordeling), court decisions in the form of a redeeving of all charges (Vrijspraak), and court decisions in the form of freedom from all forms of law (Onslag van all rechtsvervolging).
CORPORATIONS AS WHISTLEBLOWERS IN THE CRIME OF DEFAMATION BASED ON THE ELECTRONIC AND TRANSACTION INFORMATION ACT Dwikarunia Setiawan Guntik; Dewa Gede Pradnya Yustiawan
POLICY, LAW, NOTARY AND REGULATORY ISSUES (POLRI) Vol. 1 No. 1 (2022): JANUARY
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Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (262.292 KB) | DOI: 10.55047/polri.v1i1.43

Abstract

The purpose of writing this article is to find out whether the corporation can be a reporting party in the criminal act of defamation under the ITE Law. The methods performed in writing this article are normative legal research methods that use a type of statutory approach and a conceptual approach. The results of the study showed that the regulation of defamation crimes stipulated in the Criminal Code and ITE Law, corporations cannot be the reporting party in the criminal act of defamation under the ITE Law because based on letter a guidelines for the implementation of Article 27 Paragraph (3) of SkB No. 2/VI/2021 on guidelines for the implementation of the ITE Law stipulate that the understanding of the content of insults and / or defamation must refer to the provisions of Article 310 and 311 of the Criminal Code in addition to letter f The implementation guidelines of Article 27 Paragraph (3) of the ITE Law stipulates that victims who can become whistleblowers are only individuals with a specific identity so that corporations cannot be reporting parties under the ITE Law. Corporations cannot be the reporting party should be included in the article explanation to be binding in an arrangement because the nature of the DECREE containing implementation guidelines is only binding on law enforcement only.
REGIONAL AUTONOMY : SYTEMATIC LITERATURE REVIEW Dany Try Hutama Hutabarat; Anisyah; Tiara Divani Sary; Eka Widya Lestari; Riski Adila Manja; Handayani
POLICY, LAW, NOTARY AND REGULATORY ISSUES (POLRI) Vol. 1 No. 1 (2022): JANUARY
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Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (377.928 KB) | DOI: 10.55047/polri.v1i1.65

Abstract

Regional autonomy refers to the authority that regulates the community's interests or acts as a regulator in areas where the federal government empowers local governments to manage their own government. This research technique utilizes five book sources in order to learn about regional autonomy, its various forms, and legal foundations. Community engagement in governance, particularly at the village level, is one of the foundations of regional autonomy that requires attention in this regard. Concerning the village government system's role in development implementation, many village development initiatives have been conceived and determined primarily on considerations and techniques from above, without involving the community being developed.
LAW ON THE PROTECTION OF CHILDREN FROM DOMESTIC VIOLENCE ACCORDING TO LAW NO. 23 OF 2004 Dany Try Hutama Hutabarat; Evi Yulyantika; Hikma Rotun; Dewi Syamsiah; Laila Siti Nurhaliza; Khairunnisa Nasution; Ade Hastina Putri; Sri Indah Lestari; Nurainul Mardiah; Mimi Arimbi; Ahmad Fajar Mukti
POLICY, LAW, NOTARY AND REGULATORY ISSUES (POLRI) Vol. 1 No. 1 (2022): JANUARY
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Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (331.255 KB) | DOI: 10.55047/polri.v1i1.68

Abstract

The violence in the family is frequently difficult to detect, and the public paradigm continues to assume that something happens in the family is private. The presence of Laws number 23 of 2004 on the elimination of domestic violence is expected to protect state citizens from unsettling senses and forms of violence, but the number of incidents of domestic violence in everyday life instantly increases. As the Writer will examine the function of Laws number 23 of 2004 prohibiting domestic violence in providing protections for state citizens, particularly those who are victims of domestic abuse. By focusing on the following questions: Is it sufficient to safeguard state citizens who are victims of domestic violence? and What should be done to reduce the number of domestic violence cases in Indonesia? The conclusion drawn by the author is that Laws number 23 of 2004 prohibiting domestic violence have been sufficient to protect victims and offer an elementary level of protection to law enforcement. However, its implementation must be coherent and systematic, not only with the country according to its instruments of power, but also with the population that supports the eradication of domestic violence.
THE ERADICATION OF CORRUPTION AND THE ENFORCEMENT OF THE LAW IN INDONESIA AS SEEN THROUGH THE LENS OF LEGAL PHILOSOPHY Dany Try Hutama Hutabarat; Egi Delardi; Ade Irwansyah; Donni Bascara; Bayu Ansori; Faisal Tanjung; Samdoni Jarwal Sinaga; Muhammad Tuah; Rizki Adrian; Agus Budi; Annisya Raya Tanjung; Nurcahaya Nurcahaya; Dinda Ayu Mahvira; Vivi Melvita Sari; Ahmad Helmisyam Silitonga
POLICY, LAW, NOTARY AND REGULATORY ISSUES (POLRI) Vol. 1 No. 2 (2022): APRIL
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Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (332.393 KB) | DOI: 10.55047/polri.v1i2.74

Abstract

Corruption is a product of the attitude of life of a group of people who use money as a standard of truth and as absolute power. Corruption has been going on for a long time, since the times of Ancient Egypt, Babylonia, Rome until the Middle Ages and until now. The purpose of this study is to determine the eradication of corruption and law enforcement in terms of the perspective of legal philosophy as a philosophy of implementing positive law in Indonesia. This study is normative legal research with descriptive method which explains that this legal research is carried out using primary legal materials, secondary legal materials and tertiary legal materials. Philosophy of Law which is the basic foundation of thinking in the application of any applicable legal rules and is considered in many branches of science gets special attention on the enforcement of corruption which should be done in eradicating corruption so that enforcement is not only based on written rules alone in eradicating but the eradication of corruption animates law enforcement in enforcement of corruption, written laws can be regulated, but these rules can be implemented by the implementers so that when the rules apply at the time of a criminal act of corruption, they can be in line with what has been written in the laws and regulations.