POLICY LAW NOTARY AND REGULATORY ISSUES (POLRI)

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Online ISSN: 2809-896X

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LEGAL PROTECTION OF CONSUMER OWNER OF FLAT ON WITHDRAWAL OF ENVIRONMENTAL MANAGEMENT CONTRIBUTIONS (IPL) ACCORDING TO GOVERNOR REGULATION NO. 133 OF 2019
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April 2022

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3 Reads

Arief Setyo Bantolo

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Ismail

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Mohamad Ismed
This paper discusses the legal protection of consumers of apartment owners for the withdrawal of environmental management fees (IPL) in accordance with Governor Regulation No. 133 of 2019. The approach method used in this legal research is a normative juridical approach which is supported by empirical juridical by detailing the description, namely a research that begins deductively analyzing the articles in the legislation. The construction of flats in Indonesia is based on Law Number 20 of 2011 concerning Flats, the law also requires that if the apartment unit already has occupants or has been occupied, it is required to form an association of flat occupants. This obligation must be carried out by the occupants and by the development organizer, which means that every construction of a flat unit is required to form an Association of Residents of Flats (P3SRS) which is a legal entity. The researcher found the problem that the need for legal protection for residents of apartment units in the field of apartment management, there is a shopping center that was established based on Law Number 20 of 2011 concerning Flats in the form of flats, and the Governor Regulation No. 133 of 2019 which has been established for a long time and formed an apartment unit, but has not yet formed an association that is a legal entity.
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JURIDICIAL REVIEW IMPLEMENTATION OF LAND REGISTRATION ACCORDING TO GOVERNMENT REGULATION NO. 18 OF 2021 CONCERNING MANAGEMENT RIGHTS, LAND RIGHTS, FLAT UNITS AND LAND REGISTRATION

January 2021

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14 Reads

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.

LEGAL CONSEQUENCES OF ELECTRONIC AGREEMENTS REVIEWED FROM ARTICLE 1866 OF THE CIVIL CODE
Legal issues with regard to authenticity, authenticity, and proof arise frequently because no laws exist to control the private information of users of electronic agreements. The aim of this research is to determine whether or not there are issues with the legal binding force of agreements established via electronic means. This study employs a normative qualitative approach, based on the analysis of secondary data and bolstered by original data collected in the field. The findings prove that digital investigative tools can be used to verify the legitimacy, veracity, and integrity of electronic contracts. A person's permission is required before any of their personally identifiable information (PHI) can be used in any way, shape, or form via technological media. The evidentiary weight of an electronic or digitally signed deal is the same as that of a handwritten one. As progress is made toward open proof, the judicial system can make use of the system. Given the prevalence of online media in modern business dealings, it follows that any evidence acquired from any source, provided it is true, is admissible so long as it does not violate public order.

ANALYSIS OF DEBTOR'S EFFORTS IN SETTLEMENT OR IMPLEMENTING CREDIT OBLIGATIONS DURING THE NON-NATURAL NATIONAL DISASTERS OF THE COVID-19 PANDEMIC

April 2022

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7 Reads

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.

ANALYZING TRIALS THROUGH ONLINE MEDIA DURING THE COVID-19 PANDEMIC IN INDONESIA

January 2022

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9 Reads

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)

THE LAW CONCERNING CHILDREN PROTECTION AGAINST DOMESTIC VIOLENCE ACCORDING TO LAW NUMBER 23 OF 2004

January 2022

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4 Reads

Dany Try Hutama Hutabarat

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Evi Yulyantika

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Hikma Rotun

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[...]

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Ahmad Fajar Mukti
The violence in Family often too difficult to detect and the public paradigm still assume that stuff is internal affairs of the families concerned, the presence of Laws number 23 years 2004 about the elimination of the violence at home, is expected to provide protection for the citizen of the state from the unconfortable sense and as forms of the violence however number of the violence at home in everyday instantly increase. As the Writer will explore how does the role of Laws number 23 years 2004 about exlusion of the violence at home in giving guarantee protections for the citizen of the state especially for them which is a victims of the violence that happened at home. By the question which focused on: Whether it has enough to protect the citizen of the state that being a victim of violence a Home?, and How should be done for decreasing of the number violence case at home that happened in Indonesia? The conclusion that founded by the writer that is principle Laws number 23 years 2004 about removal of the Violence at Home has been enough to provide the protection to the victims and the elementary to the law enforcement. But in its implementation must be done in a way of comprehence and sistematic, not only with the country through the tools of its power and also with the public that supporting the deletion of the violence at Home.

THE PROBLEM OF CORRUPTION LAW ENFORCEMENT THAT CAUSES STATE LOSSES SINCE THE CONSTITUTIONAL COURT OF THE REPUBLIC OF INDONESIA NUMBER 25 / PUU-XIV / 2016 DECISION
are increasingly widespread, so that the boundaries of the characteristics of acts of corruption and the characteristics of acts that are not corrupt but characterized by very detrimental to the state and society become difficult to distinguish, and lead to uncertainty about how to formulate groups. his crime. This research is a normative legal research that uses primary and secondary legal sources with library research collection techniques through legislation approach, historical approach and case approach. The results obtained are the legal considerations of the judges of the Constitutional Court of the Republic of Indonesia in the Decision of the Constitutional Court Number 25/PUU/XIV/2016 in Article 2 Paragraph (1) and Article 3 of Law Number 20 of 2001 concerning Eradication of Criminal Acts of Corruption in Decision Number 25/ PUU-XIV/2016 which grants the abolition of the phrase “can” is to create legal certainty for the State Civil Apparatus (ASN) regarding discretionary policies or decisions or the implementation of the Ermessen freies principle which is criminalized as a criminal act of corruption because it is detrimental to state finances.

Position of Informed Consent in Malpractice Cases
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)
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August 2023

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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.

CRIMINAL ACCOUNTABILITY FOR CIVIL SERVANT (CPNS) ADMISSION FRAUD
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.

Employee agreement severance pay
IMPLEMENTATION OF THE SEVERANCE PAYMENT AGREEMENT FOR EMPLOYEES OF PT. GADING BHAKTI: (Case Study of PT. Gading Bhakti in the Pantoen Reu District, West Aceh Regency)
PT. Gading Bhakti, a private company and subsidiary of PT. Mapoli Raya, operates in the palm oil plantation and processing industry. In 2021, PT. Mopli Raya, its parent company, was declared bankrupt under Decree Number 17/pdt-SUS-PKPU/2020/PN.Niaga Medan and Law No. 13 of 2003, Employment Article 95 paragraph 4, mandating debt settlement as a priority for bankrupt companies. Despite this, PT. Gading Bhakti failed to fulfill debt payments to 25 retired employees, resulting in the non-payment of their post-employment benefits. The research aims to investigate the implementation of the severance payment agreement by PT. Gading Bhakti and the company's measures to meet its obligations toward employee severance. The research methodology employed was the empirical juridical method, observing ongoing events and directly examining PT. Gading Bhakti's implementation of the severance payment agreement. Furthermore, the study explores the company's attempts to fulfill the severance payment for its employees. Regrettably, the implementation of the agreement resulted in a breach of contract, with severance payments not being duly honored. Various efforts were made, including rescheduling the agreement and submitting severance payment documents. On the other hand, the employees sought resolution through verbal warnings, mediation, media involvement, and seeking assistance from relevant authorities concerning the unclear situation of severance payments for PT. Mapoli Raya's ex-employees (PT. Gading Bhakti being its subsidiary). In conclusion, the study highlights the challenges faced by retired employees in receiving their post-employment benefits and the need for PT. Gading Bhakti to effectively fulfill its obligations regarding severance payments.

LEGITIMACY OF A FIXED-TERM EMPLOYMENT CONTRACT BASED ON REMOTE WORK CONCEPT FROM THE PERSPECTIVE OF THE JOB CREATION ACT

December 2022

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9 Reads

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.

CORPORATIONS AS WHISTLEBLOWERS IN THE CRIME OF DEFAMATION BASED ON THE ELECTRONIC AND TRANSACTION INFORMATION ACT

January 2022

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3 Reads

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.

OPTIMIZATION OF ROAD SAFETY PARTNERSHIP ACTION (RSPA) IN HANDLING TRAFFIC PROBLEMS IN THE JURISDICTION OF THE TANJUNG PRIOK PORT POLICE STATION
The Tanjung Priok Port in Indonesia faces challenges in traffic management and road safety. To address these issues, the Tanjung Priok Port Police Traffic Unit has implemented Road Safety Partnership Action (RSPA) activities. This study aims to determine the implementation of Road Safety Partnership Action (RSPA) activities carried out by the Tanjung Priok Port Police Traffic Unit in handling traffic problems in the Tanjung Priok Port area. The study incorporates various theories, including Rosen's cooperation theory, Terry's management theory (including planning, organizing, implementing, and supervising), Dr. E Mulyana's competency theory, and problem-solving theory. A qualitative approach with descriptive analysis was employed. The findings revealed suboptimal implementation of the RSPA activities by the Tanjung Priok Port Police Traffic Unit in addressing traffic and road transportation issues. Furthermore, the competence of the Satlantas Polres Pelabuhan Tanjung Priok personnel in executing the RSPA activities was also deemed suboptimal. The active system and methodology employed in the RSPA activities have not been fully maximized. Therefore, optimization measures are required, including strengthening coordination and communication capabilities, empowering budget support and improving facilities and infrastructure in RSPA activities, enhancing the enforcement of traffic violations and management of traffic accidents, fostering personnel quality in executing the RSPA activities, implementing traffic engineering measures in anticipation of increased port activities related to transportation, encouraging community participation, and utilizing advancements in information technology, particularly in traffic engineering within the Tanjung Priok Port area.

ANALYSIS RELATED TO JUDGES’ CONSIDERATIONS IN THE IMMEDIATE DECISION OF CRIMINAL ACTIONS AGAINST CHILDREN

January 2022

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3 Reads

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).

RESPONSIBILITY OF BUSINESS ACTORS FOR THE TRANSFER OF CONSUMER CHANGE FORMS

January 2023

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16 Reads

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.

THE CRIMINALIZATION OF COVERING MUSIC SONGS WITHOUT PERMISSION: EXPLORING THE LEGAL IMPLICATIONS, PIRACY, TAX LAWS, AND ACTS OF CORRUPTION
Enforcement of criminal law within the Copyright Act alone is insufficient to effectively address acts of piracy, duplication, cover songs, distribution, and management of copyrighted music and songs. Offenders without a license/permit are subject to both criminal and civil sanctions. The Criminal Law No. 28 of 2014 on Copyright also imposes criminal sanctions for pirates, cover songs, and music rearrangement without permission from copyright holders or related rights. This study identifies two main issues. Firstly, there is a weak implementation of criminal sanctions in copyright law, particularly concerning juridical aspects in the formulation of criminal law provisions (penal policy). Secondly, there is a need for understanding among copyright holders, related rights, and offenders to operationalize law enforcement by employing other relevant laws outside copyright law. The use of criminal acts of corruption and taxation can be an effective effort to protect the law and ensure legal certainty. To address these issues, this research employs a socio-legal approach, which combines doctrinal studies with social studies. This integration is based on the belief that the rule of law cannot operate in isolation when dealing with copyright piracy of songs and music in Indonesia. The post-positivism paradigm underpins this study, acknowledging the reality based on experience while maintaining the researcher's objectivity towards the subject. Empirical verification, hypothesis testing, and maintaining a clear distinction between the researcher and the object under study are emphasized throughout this research.

JURIDICAL STUDY ON CRIMINAL ACTS OF ONLINE TOGEL GAMBLING
Online gambling has gained popularity worldwide as a major entertainment industry. However, this growth has also brought about concerns regarding criminal activities such as fraud, money laundering, and illegal gambling operations. This study aims to analyze the considerations of judges in sentencing online gambling crimes and proving online togel gambling crimes. The research adopts a normative juridical approach (legal research) to examine the application of rules or norms in positive law using a statute-based approach. The analysis reveals that Article 303 and Article 303 Bis of the Criminal Code are utilized to address online gambling crimes, particularly online togel gambling. Although Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2011 regarding Electronic Information and Transactions can serve as a legal basis, it was not applied in this case. When deciding a criminal case, judges must take into account various factors, including ensuring that the actions charged meet the formulation of the offense and are in violation of the law, assessing the defendant's ability to be held accountable, and considering any justifications presented. Furthermore, the judge should also consider objective requirements, such as a complete indictment, case submission letter, and the case file. In the context of online togel gambling, evidence is evaluated using the theory of the Negative Legal System, which mandates at least two valid pieces of evidence as stipulated in Article 184 of the Criminal Procedure Code, in conjunction with the judge's own belief. Despite the availability of the Information and Electronic Transactions (ITE) Law as a legal basis, this study demonstrates the continued reliance on Article 303 of the Criminal Code for such cases, indicating that the principle of lex specialis derogat legi generali (specific laws override general laws) does not apply.

JURIDICAL REVIEW OF THE INHERITANCE RIGHTS OF ADOPTED CHILDREN IN THE PERSPECTIVE OF THE CIVIL CODE

August 2023

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5 Reads

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.

LEGAL POSITION OF CHILD ADOPTION WITHOUT A JUDGE'S DECISION
This research focuses on adoption cases where prospective adoptive parents carry out the adoption process without obtaining a court decision, which contradicts the stipulations of Article 20 paragraph (1) PP Number 54 of 2007. According to this provision, child adoption must be formally conducted through a court order. The main objectives of this study are to determine the legal status of adoptions conducted without a court order and to examine the legal protection available to adopted children whose adoptions have not undergone a court process, particularly in terms of their rights and obligations within the adoptive family. The research employs the normative legal method, utilizing the statute approach and the case approach to address the problem at hand. A literature study is conducted to collect relevant data, and qualitative methods are employed to analyze the legal materials. The findings of the research highlight that adoptions carried out without a court order lack legal standing, leaving adopted children without adequate legal protection, especially concerning their rights and obligations in the adoptive family. The court's involvement in the adoption process is crucial to establish a proper legal status for the adopted child and to ensure their legal protection, particularly regarding their rights and obligations within the adoptive family.

LEGAL PROTECTION FOR CONSUMER OF DRUG PRODUCER THAT DOES NOT HAVE A DISTRIBUTION PERMIT FROM THE FOOD AND DRUG CONTROL AGENCY (BPOM)

August 2023

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2 Reads

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.

NOMINEE AGREEMENT: A SOLUTION FOR FOREIGNERS TO CONTROL LAND IN BALI

December 2022

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84 Reads

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.

WATER AND AIR POLICE CORPS (POLAIRUD) AUTHORITY IN PREVENTING THEFT ON LEGO ANCHORS SHIPS IN THE TANJUNG PRIOK PORT AREA

January 2023

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32 Reads

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.

ANALYZING THE RELATIONSHIP BETWEEN LAW AND TECHNOLOGY

April 2022

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20 Reads

This study aims to find out the relationship between two different field, namely law and information technology, which both aim to improve human welfare. This study employs normative research, which entails evaluating or analyzing secondary data derived from primary, secondary, and tertiary legal materials, which is then assessed descriptively, comparatively, and qualitatively before being encouraged to provide answers to the issues under consideration. Law along with the growth of social life, while information technology exists when the human need for a better life is so important. Thus, the law is needed to control the use of information technology in every side of human life. On the other hand, information technology is needed to help implement the law properly, because of human limitations in collecting and processing so much information. Information technology continues to grow rapidly, expanding into other fields, but this growth is not accompanied by control rules in its application. Generally, in Indonesia laws and regulations regarding the application and use of information technology are slow, and when a law is launched the challenges of legal backwardness are already evident. The legal technology perspective tries to look at things that might be taken into consideration in understanding the possibilities of resolving the lagging laws and regulations compared to the growth of information technology.

DISTRIBUTION LEGALITY OF ARAK AS A BALI TRADITIONAL DRINK

December 2022

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34 Reads

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.

CAREER DEVELOPMENT CHALLENGES IN STRENGTHENING THE PERFORMANCE OF THE POLRI BAINTELKAM

September 2023

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18 Reads

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.

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