I. G. N. M. S. Mertayasa, Dewa Gede Pradnya Yustiawan
{"title":"SETTLEMENT OF DEFAULT IN THE CAR RENTAL AGREEMENT AT PT. SURYADITA 88 TRANSPORT IN BADUNG REGENCY","authors":"I. G. N. M. S. Mertayasa, Dewa Gede Pradnya Yustiawan","doi":"10.55047/polri.v2i1.533","DOIUrl":"https://doi.org/10.55047/polri.v2i1.533","url":null,"abstract":"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.","PeriodicalId":434803,"journal":{"name":"POLICY, LAW, NOTARY AND REGULATORY ISSUES (POLRI)","volume":"36 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128319288","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"INTERNATIONAL LEGAL STUDY OF THE INDONESIA-MALAYSIA REGIONAL DISPUTE ABOUT SIPADAN AND LIGITAN ISLANDS IN THE SULAWESI SEA","authors":"I. G. N. K. K. P. Kelakan, T. I. D. K. Dewi","doi":"10.55047/polri.v2i1.509","DOIUrl":"https://doi.org/10.55047/polri.v2i1.509","url":null,"abstract":"The goal of this paper is to look into the background of the island disputes between Indonesia and Malaysia over Sipadan and Ligitan from the perspective of international law. In addition to the reasons, the purpose of this study is to determine the settlement process between the two countries to resolve the dispute between Sipadan and Ligitan and its implications for international law. It also aims to find out the reasons for the International Court of Justice in determining the winner of the dispute between the islands of Sipadan and Ligitan. This study uses descriptive methods, normative methods based on international law, and data collection techniques to analyze the data obtained through online search techniques and comparative research approaches. The results of this study show that the cause of the dispute between the islands of Sipadan and Ligitan originated from the absence of the two islands on the national maps of Malaysia and Indonesia, which then the two countries took steps to negotiate in international forums in resolving the dispute. It is also known that the main factor considered in determining the winner by the International Court of Justice is the comparison of the effectiveness of the management of the disputed area.","PeriodicalId":434803,"journal":{"name":"POLICY, LAW, NOTARY AND REGULATORY ISSUES (POLRI)","volume":"66 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122722044","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"RESPONSIBILITY OF BUSINESS ACTORS FOR THE TRANSFER OF CONSUMER CHANGE FORMS","authors":"I. M. A. D. Wiguna, Dewa Gede Pradnya Yustiawan","doi":"10.55047/polri.v2i1.510","DOIUrl":"https://doi.org/10.55047/polri.v2i1.510","url":null,"abstract":"This article aims to provide an understanding of the legal arrangements for the transfer of consumer change forms by business actors and examine the responsibility of business actors for the transfer of consumer change forms that can result in losses to consumers. The writing of this article uses a normative legal research method through a statutory approach, conceptual approach, case approach and use primary and secondary legal materials. The characteristics of this research are categorized as descriptive research. The results of the study show that the regulation regarding the transfer of consumer change is regulated in Law no. 8 of 1999 concerning Consumer Protection, Law no. 23 of 1999 and Law no. 7 of 2011 which basically stipulates that rupiah currency is a legal tender in the territory of the Republic of Indonesia so that consumer change must be in the form of rupiah currency without being transferred in any form. This will certainly cause deviations in terms of legal rules because consumers feel disadvantaged and violated their rights. Therefore, a legal review is needed based on related regulations, especially regarding the responsibility of business actors for the transfer of consumer change.","PeriodicalId":434803,"journal":{"name":"POLICY, LAW, NOTARY AND REGULATORY ISSUES (POLRI)","volume":"62 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131215673","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"PIPIL DOCUMENTS LEGALITY AS PROOF OF LAND OWNERSHIP RIGHTS OWNERSHIP IN BALI","authors":"Ketut Diana Rista Pradnyadana, Putu Edgar Tanaya","doi":"10.55047/polri.v1i4.486","DOIUrl":"https://doi.org/10.55047/polri.v1i4.486","url":null,"abstract":"Pipil as proof of land ownership is not comparable in strength to a certificate. Pipil is used as proof of ownership of a land based on the Customary Agrarian Law which later became the source of the formation of the National Agrarian Law which was subsequently ratified by the Basic Agrarian Law of 1960 which was reinforced by Law No. 24 of 1997 concerning Land Registration. This study aims to find certainty that there is a legal basis for using pipil as proof of ownership rights, to provide information to the public regarding the importance of registering their land with the BPN and as a material consideration for communities who have not changed their proof of land ownership rights to the National Land Agency (BPN). The method used in this study is a normative method by studying laws and regulations and the results of research and writings from legal circles. The main topic of discussion is the legal basis for using pipil as proof of land ownership and the factors that form the basis for why there are still people who use pipil.","PeriodicalId":434803,"journal":{"name":"POLICY, LAW, NOTARY AND REGULATORY ISSUES (POLRI)","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127527376","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"WATER AND AIR POLICE CORPS (POLAIRUD) AUTHORITY IN PREVENTING THEFT ON LEGO ANCHORS SHIPS IN THE TANJUNG PRIOK PORT AREA","authors":"Surya Wahyudi, Tofik Yanuar Candra, Mohamad Ismed","doi":"10.55047/polri.v2i1.501","DOIUrl":"https://doi.org/10.55047/polri.v2i1.501","url":null,"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.","PeriodicalId":434803,"journal":{"name":"POLICY, LAW, NOTARY AND REGULATORY ISSUES (POLRI)","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129714952","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Putu Bella Mania Madia, I. N. Bagiastra, I. Purwanto
{"title":"LEGITIMACY OF A FIXED-TERM EMPLOYMENT CONTRACT BASED ON REMOTE WORK CONCEPT FROM THE PERSPECTIVE OF THE JOB CREATION ACT","authors":"Putu Bella Mania Madia, I. N. Bagiastra, I. Purwanto","doi":"10.55047/polri.v1i4.485","DOIUrl":"https://doi.org/10.55047/polri.v1i4.485","url":null,"abstract":"Labor issues are a social, political and economic phenomenon in modern countries, including Indonesia, and require a way that is no longer conventional in improving the system in employment. As such, remote working can be the solution. The implementation of Remote Working in Indonesia depends on three legal aspects, namely the Criminal Code, the Job Creation Act along with the Labor Law, and the ITE Law. This study aims to analyze the Fixed-Term Employment Contract (PKWT) work relationship based on remote work concept from the perspective of the job creation act and find out the implementation and problems of Fixed-Term Employment Contract. This study employs a normative legal research technique derived from laws and regulations employing a library research technique. According to the findings of this study, Fixed-Term Employment Contract with the Remote Working concept must also adhere to the Labor Law and the Job Creation Act. Besides, the parties who engages on the Fixed-Term Employment Contract must also consider a number of additional legal factors in order to ensure the agreement's legitimacy and the protection of each party's rights and obligations. Despite the passage of the Job Creation Act, it turns out that there are still several issues that require attention.","PeriodicalId":434803,"journal":{"name":"POLICY, LAW, NOTARY AND REGULATORY ISSUES (POLRI)","volume":"285 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132397031","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"LEGAL PROTECTION FOR VICTIMS OF FAIR TRIAL RIGHTS AS A FORM OF HUMAN RIGHTS PROTECTION IN THE INDONESIAN JUSTICE SYSTEM","authors":"Aji Febrian Nugroho","doi":"10.55047/polri.v2i1.493","DOIUrl":"https://doi.org/10.55047/polri.v2i1.493","url":null,"abstract":"In the legal protection of the right of Fair Trial victims in the Indonesian judicial system, the government should refer to and protect the Human Rights that exist in every individual human being even though the person who violates the “Fair Trial right” is a perpetrator of the crime. This study aims to examine the extent of the form of legal protection for victims of Fair Trial rights as a form of human rights protection in the Indonesian Judicial System because cases of violations of Fair Trial rights are often found in various existing cases. The “Fair Trial Rights” violated are the basic value of the criminal justice process covering at least three important components: human dignity, truth, and justice in the process. The first basic value, namely the protection of human dignity refers to the condition that all law enforcement officers at all stages of the judiciary must apply consistently and support the protection of the human dignity of the parties, both suspects, defendants, convicts, victims, and witnesses, the second value is the value of truth, this value requires that law enforcement “must ensure the application of normative provisions before imposing accusations, indictment, or punishing a person”, while the third value is fairness or the value of justice in criminal justice proceedings, which requires that law enforcement must work hard to treat the parties by respecting their rights protected by law and applying the limits of their authority.","PeriodicalId":434803,"journal":{"name":"POLICY, LAW, NOTARY AND REGULATORY ISSUES (POLRI)","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121559225","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"NOMINEE AGREEMENT: A SOLUTION FOR FOREIGNERS TO CONTROL LAND IN BALI","authors":"Tjokorda Gde Rai Y. Ary Sudharsana, I. Purwanto","doi":"10.55047/polri.v1i4.473","DOIUrl":"https://doi.org/10.55047/polri.v1i4.473","url":null,"abstract":"The purpose of this study is to find out the legal basis of the nominee agreement and to find out the nominee agreement that is used as a solution by foreigners in controlling land in Bali. This research method uses the type of empirical legal research. The legal basis for the nominee agreement is Article 21 and Article 26 of the Basic Agrarian Law (BAL). In addition, there are also other legal bases, namely Articles 1320 and 1313 of the Civil Code. Juridically, the nominee agreement cannot be used as a solution by foreigners to control land in Bali. Land tenure that can be taken by foreigners is with usufructuary rights and rental rights.","PeriodicalId":434803,"journal":{"name":"POLICY, LAW, NOTARY AND REGULATORY ISSUES (POLRI)","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115508163","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"DISTRIBUTION LEGALITY OF ARAK AS A BALI TRADITIONAL DRINK","authors":"I. W. D. Gotama, I. D. G. P. Yustiawan","doi":"10.55047/polri.v1i4.474","DOIUrl":"https://doi.org/10.55047/polri.v1i4.474","url":null,"abstract":"This study aims to understand and determine the distribution arrangements for arak as a traditional Balinese drink. The research method uses a normative legal research type, the type of approach uses a statutory approach and a case approach. The legal materials used are sourced from primary legal materials in the form of related legislation, while other sources are from literature, journals and internet media. The technique of collecting legal materials uses document study techniques and is processed in a qualitative descriptive way. The findings of the research, specifically the regulation of the distribution of arak as a traditional Balinese drink, are regulated in the Governor of Bali Province Regulation Number 1 of 2020 concerning the Governance of Balinese Fermentation and Distillation Drinks as a form of governance for the distribution of Balinese arak. The legality of distribution of arak as a traditional Balinese drink is carried out by producers through distributors, then carried out by sub-distributors and distributed to direct sellers.","PeriodicalId":434803,"journal":{"name":"POLICY, LAW, NOTARY AND REGULATORY ISSUES (POLRI)","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134058291","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"JURIDICAL STATUS OF STOCK EXCHANGE AND INVESTOR LEGAL PROTECTION IN FORCED DELISTING","authors":"Ayu Atha Diva Daniswara, I. Purwanto","doi":"10.55047/polri.v1i4.464","DOIUrl":"https://doi.org/10.55047/polri.v1i4.464","url":null,"abstract":"The Stock Exchange has a role as a regulator of securities trading in the capital market. The Stock Exchange works for profit which is then aimed at developing securities trading activities in the capital market. Meanwhile, there is no form of legal protection for investors in the capital market which is specifically regulated in the law. The purpose of this study is to examine the juridical status of the stock exchange and to determine the legal protection for investors in the implementation of forced delisting. This study uses a normative legal research method, which is sourced from the Legislation by using a library research method. The results reveal that the Juridical status of the Stock Exchange is a company that has its own working rules, so it has differences compared to companies in general, and there is no form of protection for stock investors who experience forced delisting of issuers on the stock exchange. Investors are only given the opportunity to make sales in the negotiated market whose time is determined by the exchange. The findings of this research provide an explanation of the legal protections afforded to investors in the event that forced delisting is implemented.","PeriodicalId":434803,"journal":{"name":"POLICY, LAW, NOTARY AND REGULATORY ISSUES (POLRI)","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121329924","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}