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All Journal Batulis Civil Law Review TATOHI: Jurnal Ilmu Hukum PAMALI: Pattimura Magister Law Review SANISA: Jurnal Kreativitas Mahasiswa Hukum PATTIMURA Law Study Review SASI KANJOLI Business Law Review BAMETI Customary Law Review
Fataruba, Sabri
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Law, Crime, Criminology & Criminal Justice

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Implementation of Traditional Knowledge Protection of Enbal Processing Narwadan, Theresia Nolda Agnes; Labetubun, Muchtar Anshary Hamid; Fataruba, Sabri
Batulis Civil Law Review Vol 5, No 1 (2024): VOLUME 5 ISSUE 1, MARCH 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/ballrev.v5i1.1846

Abstract

Introduction: Implementation and regulations governing the protection of traditional knowledge is still considered less effective.  The law is expected to be able to overcome various problems that arise related to the protection of traditional knowledge from the community, especially the Kei Islands community on enbal processing knowledge.Purposes of the Research: The purpose of this study was to determine and analyze the implementation of the protection provided by the copyright law on the ownership of a traditional knowledge which in this case is the processing of enbal traditionally done as a staple food in the Kei Islands community.Methods of the Research: The research method used is juridical empirical.Results of the Research: The results obtained are the implementation of the protection provided by the copyright law on the ownership of a traditional knowledge which in this case is the processing of enbal traditionally done as a staple food in the Kei Islands community has actually been regulated in Article 38 of the Copyright Act. However, this protection can be provided if the community continues to maintain traditional processing without the help of modern tools when processing enbal into staple foods.
Perceraian Dengan Alasan Disfungsi Seksual Menurut Hukum Islam Musaad, Faly Antary; Latupono, Barzah; Fataruba, Sabri
PATTIMURA Law Study Review Vol 2 No 1 (2024): April 2024 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v2i1.13770

Abstract

ABSTRACT: Marriage is a meeting between 2 (two) people with various characteristics, but in a household there are definitely problems that can lead to divorce. Divorce occurs due to separate reasons, including violence or physical defects experienced and in fact divorce can be carried out due to sexual dysfunction. Sexual dysfunction refers to various problems or disorders affecting a person's ability to feel satisfaction or function well in sexual activity, a condition where a person has difficulty having sexual relations with their partner. Several sub-problems or research questions are: 1) What are the procedures and reasons for divorce according to Islamic law? 2) Can the consequences of sexual dysfunction be used as a reason for divorce? This research aims to find out and explain the procedures and reasons for divorce as well as to find out and explain sexual dysfunction as a reason that results in divorce according to Islamic law. The research method used is normative juridical, using a statutory approach, conceptual approach and case approach. The laws used are literature studies, journals, internet media. The research results show that there are 2 (two) divorce procedures according to Islamic law, namely talak divorce and contested divorce. Divorce talak is a husband's vow before a Religious Court which is one of the reasons for the dissolution of a marriage, where the decision has permanent legal force, while divorce is contested as regulated in Government Regulation no. 9 of 1975, namely a divorce lawsuit filed by the wife or her attorney to the court whose jurisdiction includes the defendant's residence. Apart from that, if seen from an Islamic perspective in relation to the wife as the applicant, there is also the term khulu' or khuluk, namely a request for divorce by the wife to the husband in the Religious Court with the condition of giving a ransom or iwadl to and with the consent of her husband. Meanwhile, the reason for divorce is due to sexual dysfunction, both according to the explanation of Article 39 paragraph (2) of the Marriage Law and Article 116 of the Compilation of Islamic Law which sound the same, where one of the reasons that can be used as a basis for divorce is that one of the parties or partners has a disability. serious illness or illness resulting in the inability to carry out their obligations as husband and wife, however the judge must obtain evidence that the defendant is experiencing sexual dysfunction or is impotent.
Tanggung Jawab Perusahaan Yang Melakukan Pencemaran Lingkungan Hidup Latuconsina, Rifqi; Angga, La Ode; Fataruba, Sabri
PATTIMURA Law Study Review Vol 2 No 2 (2024): Agustus 2024 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v2i2.16086

Abstract

The sustainability of living beings is an important part of life. Everyone wants to have a clean and healthy living environment. The presence of Jaya Konstruksi company as a legal subject does not carry out its obligation to compensate and take certain actions for its actions. Environmental pollution due to the company's activities that contain sand and concrete has polluted the environment around residents' homes for these actions The company must be responsible based on fault (liability based on fault).
Tanggung Jawab Pelaku UMKM Sebagai Merchant Dalam E-commerce Tuhumena, Since; Narwadan, Theresia Nolda Agnes; Fataruba, Sabri
TATOHI: Jurnal Ilmu Hukum Vol 4, No 9 (2024): Volume 4 Nomor 9, November 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i9.2493

Abstract

Introduction: The dynamics of globalization and technological advances have changed the business world significantly, especially with rapid developments in the field of electronic commerce (e-commerce). Significant growth in this field is expected to make a positive contribution to the development of Micro, Small and Medium Enterprises (MSMEs) by expanding market access.Purposes of the Research: To find out and analyze the responsibilities of MSME actors as merchants in e-commerce.Methods of the Research: The legal research method used in studying this problem is normative juridical, which is based on primary, secondary and tertiary legal materials, and uses a statutory approach and a conceptual approach.Results of the Research: The results of this research show that quite a few business actors do not fulfill their obligations, namely being responsible for fulfilling consumer rights. The form of consumer rights that is violated by business actors in a food product for consumption by consumers is stated in Article 4 point (3) regarding the provision of correct and clear information about a product, goods and/or services. Therefore, business actors are obliged to follow food production standards and maintain product quality in order to meet consumer needs and satisfaction. To protect consumers from business actors whose rights are not fulfilled, the Consumer Protection Law provides protection to consumers in two forms, namely preventatively and repressively. By using strict liability, the application of absolute responsibility solves problems faced by consumers without the need to prove fault, so that consumer rights based on this responsibility can provide legal protection
A Form of Accountability CV Sumber Berkat Makmur Which Encroached On Customary Forests Angga, La Ode; Labetubun, Muchtar Anshary Hamid; Fataruba, Sabri
SASI Volume 29 Issue 1, March 2023
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v29i1.1181

Abstract

Introduction: The people of Sabuai Village reject the existence of a company that has been operating since 2019 Until now, the Environment Agency has never processed documents, either Amdal or other environmental documents according to the acting Head of the Maluku Province Environment Area. The people of Sabuai Village deny the existence of a company that has been operating since 2019, because it is suspected of cutting down and managing customary forest products without permission.Purposes of the Research: The long goal is to find out the Form of Accountability of CV Sumber Berkat Makmur that Encroaches on Customary Forests in the Research Environment of Eastern Sabuai Seram Village.Methods of the Research: The approach method used in this study is sociological juridical which is a descriptive study of qualitative analysis. This study seeks to illustrate what is happening in the Indigenous peoples of Sabuai Village, SBT. The data collection techniques used in this study were: Interviews, questionnaires and literature studies.Results of the Research: The form of cv accountability of the source of prosperous blessings that encroached on customary forests in Sabuai Village, Eastern Seram Regency, namely: From the point of view of administrative law, permission is a public service. In fact, permits as one of the sources of destruction and pollution in the name of illegal logging, illegal fissing and illegal maning. Thus illegal logging is a fraudulent practice since from licensing, activities, results of activities, actors and the purpose of their sale subscribe to the law. Legal liability under civil law in illegal encroachment is: The principle of liability based on unlawful acts, the Principle of absolute liability (strike liability) and the Principle of Liability based on Unlawful Acts. 
Pelaksanaan Putusan Hak Asuh Anak Dan Kepastian Hukumnya Terhadap Putusan Pengadilan Agama Ternate Nomor 623/Pdt.G/2020/PA Ayu, Laras; Latupono, Barzah; Fataruba, Sabri
SANISA: Jurnal Kreativitas Mahasiswa Hukum Vol 4, No 2 (2024): Volume 4, Nomor 2, Oktober 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sanisa.v4i2.3019

Abstract

Introduction: The implementation of child custody decisions made by the Ternate Religious Court is in accordance with the positive law applicable in Indonesia, namely Law Number 1 of 1974 concerning marriage and the compilation of Islamic law (KHI).Purposes of the Research: This research aims to analyze the implementation of child custody decisions regarding the Ternate Religious Court Decision Number 623/Pdt.G/2020/PA.Tte and what obstacles the Ternate Religious Court faces in the process of implementing the decision. Methods of the Research: This type of research is normative law.Results / Findings / Novelty of the Research: The results obtained in writing this  are; 1. Article 105 KHI explains that the right to custody of children under 12 years of age is the right of the mother, so the judge in the Ternate religious court in a decision with Register Number 623/Pdt.G/2020/PA.Tte dated 18 November 2020 granted the plaintiff's claim. and giving custody of the child (hadlannah) to the Plaintiff and in accordance with article 98 of the Compilation of Islamic Law regarding material care procedures, the defendant must pay for the child's education until the age of 21 years. 2. There are several obstacles in implementing the Decision with Register Number 623/Pdt.G/2020/PA.Tte, namely: a. The Respondent to the execution does not want to hand over the child to the Petitioner for the execution; b. The applicant for execution deliberately obstructed the execution, by threatening to carry out acts of violence if the child was taken by force; c. The child was deliberately hidden by the Respondent to the execution; d. The child himself did not want to accompany the Petitioner in the execution
Legal Protection of the Torem Tree (Manilkara Kanosiensis) as an Endemic Plant Narwadan, Theresia Nolda Agnes; Labetubun, Muchtar Anshary Hamid; Fataruba, Sabri
PAMALI: Pattimura Magister Law Review Vol 5, No 1 (2025): MARCH
Publisher : Postgraduate Program in Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v5i1.3008

Abstract

Introduction: Yamdena Island, part of the Tanimbar Islands, Maluku, holds unique biodiversity, including the endemic Torem Tree (/Manilkara kanosiensis/). This tree has important ecological value as an ecosystem buffer, economic value for local communities through the use of its fruit and wood, and cultural value related to traditional traditions and rituals. However, the Torem Tree faces serious threats from deforestation, land conversion, and unsustainable exploitation, exacerbated by climate change. Inadequate legal protection status is a crucial issue.Purposes of the Research: This study aims to analyze and evaluate the effectiveness of legal protection of the Torem Tree as an endemic plant on Yamdena Island.Methods of the Research: The research method used is normative law with a statutory and conceptual approach. Data is obtained from related laws and regulations, legal literature, and relevant documents. Data analysis is carried out through legal interpretation, comparative analysis, and legal synthesis.Results Main Findings of the Research: The findings of the study show that the existing legal framework has not effectively protected the Torem Tree. The legal loophole lies in the lack of specific regulations that recognize and protect the endemic status of the Torem Tree, as well as weak enforcement of the law against related violations. This study concludes the need to strengthen legal protection through comprehensive revision of laws and regulations, increased effective supervision and law enforcement, and increased active participation of local communities in conservation efforts. Policy recommendations include the establishment of a clear legal status for the Torem Tree, the development of a sustainable management plan based on local wisdom, and increasing public awareness of the importance of the conservation of the Torem Tree for the sustainability of the ecosystem and the welfare of the Yamdena community.
Tanggung Jawab Pemberi Kerja Atas Kewajiban Menyediakan Transportasi Bagi Pekerja Efendi, Vadila; Kuahaty, Sarah Selfina; Fataruba, Sabri
PATTIMURA Law Study Review Vol 3 No 1 (2025): April 2025 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v3i1.19714

Abstract

As an employer or entrepreneur, Article 76 paragraph (4) of the Manpower Law states that employers are obliged to provide pick-up and drop-off transportation for female workers who go to and from work between 23.00 and 05.00. In fact, PT Indomarco Prismatama does not provide transportation for workers. Normative juridical research methods and the nature of descriptive analytical writing using a statutory approach and a conceptual approach The research results showed that: Companies or employers are individuals, entrepreneurs, legal entities, or other bodies that employ workers by paying wages or remuneration and are obliged to be responsible for realizing workers' rights, especially providing shuttle transportation for workers who work late at night between 23.00 and 05.00. PT Indomarco Prismatama as an employer is responsible for fulfilling its obligations towards workers' rights by providing transportation for workers. In fact, it was not implemented so that the company is absolutely responsible for all the consequences it causes because it does not carry out its obligations, namely providing transportation for workers. The legal consequences if PT Indomarco Prismatama does not prepare transportation for its employees, namely that the security and safety of employees is not guaranteed, can cause undesirable things and then legal consequences for the company itself, namely because the company does not comply with the law, then the company will be given sanctions, both administrative sanctions and criminal sanctions. Apart from that, as a result of this incident, the legal rules that had been established did not function or did not run optimally.
Hak Milik Di Atas Tanah Hak Ulayat Negeri Halong Sachmad, Yuniar; Saija, Ronald; Fataruba, Sabri
BAMETI Customary Law Review Vol 1 No 1 (2023): Juni 2023 BAMETI Customary Law Review
Publisher : Pusat Kajian Pesisir dan Masyarakat Hukum Adat Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/bameti.v1i1.9916

Abstract

This research discusses the Juridical Analysis of Property on Negen Halong Customary Land (Case Study of Supreme Court Cassation Decision Number 2879 K/Pdt/2019) which is the disputed land. This study aims to further discuss the juridical ownership rights over the customary land of Negen Halong. This research uses the juridical normative method by using a statutory approach, a conceptual approach, and a case approach. The results of the research show that the Supreme Court Judge’s Consideration in the Cassation Decision Number 2879 K/Pdt/2019) considers that against these reasons the Supreme Court is of the opinion that the reasons for cassation cannot be justified, due to legal consideration and the decision of the judex facti/Ambon High Court which annulled the decision of the Ambon District Court was correct and correct and not wrong in applying the law. Dictum of the Supreme Court Decision in Decision Number 2879 K/Pdt/2019 that after this final decision was notified to the applicant for cassation on 15 February 2019, then the petition for cassation was filed against him on 27 February 2019, as it turns out from the Deed of Request for cassation Number 6K/Pdt.G/2019/PN.Amb made by the Registrar of the Ambon District Court, the application was followed by a cassation memory containing the reasons received at the Registrar’s office of the District Court on March 6 2019.
Penyelesaian Masalah Gadai Syariah (Rahn) Pada Pegadaian Syariah Ramadan, La Ode Alfachriy Ridla; Latupono, Barzah; Fataruba, Sabri
KANJOLI Business Law Review Vol 3 No 1 (2025): Juni 2025 KANJOLI Business Law Review
Publisher : Pusat Kajian Hukum Bisnis Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/kanjoli.v3i1.22694

Abstract

Pawning is a means for the wider community to borrow money by handing over valuables as collateral. Resolving sharia pawn problems (rahn) is an integral part that prioritizes the principles of justice, responsibility and compliance with Islamic law. However, during the implementation of transactions, legal problems often arise which cause losses for customers. The purpose of this research is to find out and explain the application of sharia principles to rahn contracts, and to find out and explain the steps to resolve rahn contract problems when disputes occur, such as customers whose collateral is exchanged for fake gold and the responsibility of the pawnshop for collateral items that have been exchanged. . The research method used is normative juridical research with a descriptive analytical research type using a conceptual approach and a statutory regulatory approach. The research results show that the application of sharia principles in resolving rahn contract problems cannot be separated from the role of the National Sharia Council (DSN) which is tasked with developing the application of sharia values ​​in economic activities as well as steps to resolve rahn contract problems when experiencing disputes in the form of loss of collateral. Replaced by the pawnshop in accordance with Financial Services Authority Regulation Number 31 of 2016 concerning Pawnshop Business.
Co-Authors Ayu, Laras Citra Dewi Efendi, Vadila Kuahaty, Sarah Selfina La Ode Angga Latuconsina, Rifqi Latupono, Barzah Muchtar Anshary Hamid Labetubun Musaad, Faly Antary Narwadan, Theresia Nolda Agnes Ramadan, La Ode Alfachriy Ridla Ronald Saija, Ronald Sachmad, Yuniar Tuhumena, Since