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All Journal Abdimas Jurnal Jatiswara Jurnal Ilmiah Dunia Hukum Batulis Civil Law Review TATOHI: Jurnal Ilmu Hukum PAMALI: Pattimura Magister Law Review Yuridika PATTIMURA Legal Journal LUTUR Law Journal PATTIMURA Law Study Review KANJOLI Business Law Review
Berlianty, Teng
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Arts Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Community Understanding of the Pawn Agreement for Village Products in the Rumahkay of West Seram Berlianty, Teng; Akyuwen, Rory Jeff; Hetharie, Yosia
Jurnal Abdimas Vol 27, No 2 (2023): December 2023
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/abdimas.v27i2.48168

Abstract

The PKM activity with the title " Community Understanding of the Pawn Agreement for Village Products in the West Part of Rumahkay Seram " aims to: (1). Implementing the results of previous research with problems regarding the implementation of hamlet pawn agreements in Laimu Country, Central Maluku and the legal consequences, (2). As a form of education and increasing legal understanding, especially in the field of contracts (agreements) for the people of Rumahkay Country, West Seram Regency . This PKM uses an implementation method in the form of legal education activities carried out in a panel by the presenters, which is then followed by question and answer activities between the community and the presenters. In implementing PKM activities, it was found that the system of pawning hamlet products in Rumahkay Country was carried out in the form of an oral agreement based on trust. This often leads to legal problems because one party can deny the agreement on the grounds that there is no evidence. Therefore, it is recommended to the people of Rumahkay Country to be able to implement a system of pawning village products in the form of a written agreement to avoid various legal problems in the future in the form of default by other parties.
Bank Credit Restructuring for Micro, Small and Medium Enterprises Due to the Covid-19 Pandemic Berlianty, Teng; Akyuwen, Rory Jeff; Tas’an, Darma Perdana
Batulis Civil Law Review Vol 4, No 1 (2023): VOLUME 4 ISSUE 1, MAY 2023
Publisher : Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/ballrev.v4i1.1497

Abstract

The presence of the corona virus or coronavirus disease 2019 (Covid-19) has an impact on all aspects of human life, including in the fields of financial institutions and banking. The aim of this research is to examine the legal protection for debtors of Micro, Small and Medium Enterprises due to the Covid-19 pandemic in Ambon City, as well as the criteria for debtors of Micro, Small and Medium Enterprises who meet the credit restructuring requirements due to the Covid-19 pandemic. The method used in this study is a normative juridical method with a statutory approach and a conceptual approach. The legal materials studied consisted of primary legal materials, secondary legal materials, and tertiary legal materials through literature studies which were then analyzed qualitatively. Results of the Research, he implementation of credit agreements between banking institutions and debtors of Micro, Small and Medium Enterprises in Ambon City due to the Covid-19 pandemic is affected by the Covid-19 pandemic. Legal protection is carried out based on government policies through credit restructuring efforts for debtors who have difficulty fulfilling their obligations, which are carried out among others by reducing credit interest rates, extending credit terms, reducing loan interest arrears, reducing loan principal arrears, adding credit facilities. The criteria for debtors of Micro, Small and Medium business debtors who meet the requirements for credit restructuring due to the Covid-19 pandemic consist of 2 main criteria, namely the business of the debtor is indeed affected by the Covid-19 pandemic, and also the debtor's good faith in paying off credit installments.
Problematic Land Buying and Selling Transactions Uktolseja, Novyta; Dyastuti, Risqi Mumpuni; Berlianty, Teng; Demmatacco, Triska
Batulis Civil Law Review Vol 5, No 2 (2024): VOLUME 5 ISSUE 2, JULY 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/ballrev.v5i2.1878

Abstract

Introduction: Land ownership has become a primary need, but in the process of land ownership there are still problems. Basically, the acquisition of land rights according to the Decree of the Minister of Agrarian Affairs Number 21 of Article 1 Point 1, the acquisition of land is carried out by transferring land rights or through the delivery of release of land rights followed by granting rights. But this activity is not carried out in its entirety so that it will cause problems in granting rights to the community. Purposes of the Research:  This research was conducted in Sanahu Village, Elpaputih District, West Seram Regency. This village prioritizes and gives importance to matters relating to customary land. However, based on the dinamics of the community, transactions carried out by the community should be carried out in accordance with the provisions of the legislation governing land registration in order to obtain legal certainty in the transactions carried out and aim for orderly administration in land sector. Methods of the Research: This research method is empirical juridical research that uses primary and secondary data. The legal materials used are primary legal materials, secondary legal materials with questionnaire and interview methods, data collection techniques with literature studies and field studies. Data processing and analysis techniques use descriptive analytical data analysis by identifying, classifying, then analyzing and describing according to the hierarchy. Results of the Research: Based on have not carried out the first land the results of the interviews, it is known that some people in Sanahu village do not know about the sale and purchase practices that should be taken in order to obtain legal certainty from the sale and purchase transactions carried out. This should be done based on the provisions of Article 19 paragraph 2 of the UUPA, Article 37 of PP 24 of 1997 concerning land registration. As a result, in the event of problems related to previous land transactions, the community had to resolve themselves in a family manner, either without or with assistance from local officials. As a result, the people of Sanahu village have not carried out the initial registration and maintenance of land registration data properly. Because land administration is not orderly, if there are land issues in transactions carried out either by transferring rights or encumbering rights, there will be problems in the future and limit land owners in carriying out legal actions.
Perlindungan Hukum Bagi Konsumen Jual Beli Pakaian Bekas Di Kota Ambon Latuconsina, Moh Fadly; Berlianty, Teng; Balik, Agustina
TATOHI: Jurnal Ilmu Hukum Vol 3, No 12 (2024): Volume 3 Nomor 12, Februari 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i12.2109

Abstract

Introduction: There are lots of used clothes being traded in markets and through online shops in the city of Ambon. These consumer rights can be violated by the seller if the consumer unknowingly sees the sale of imported used clothing which is rife in the domestic market to buy clothes that contain lots of bacteria.Purposes of the Research: This study aims to examine the forms of legal protection for consumers for buying and selling used clothing and the responsibility of business actors for consumers of used clothing who are harmed in terms of health.Methods of the Research: The type of research used is normative, which is focused on providing explanations that explain a particular category. Approach the problem of the statute approach (statute approach) and the conceptual approach (conceptual approach). The collection of legal materials through primary legal materials is then free from secondary legal materials. The processing and analysis of legal materials is described in a qualitative way with the aim of describing the findings in the field.Results of the Research: The form of legal protection for consumers for buying and selling used clothes is by issuing Law no. 8 of 1999 concerning consumer protection is meant to be a strong legal basis for the government and consumer protection agencies as an effort to empower consumers through fostering and protecting all buying and selling activities that are detrimental to consumers, in this case used clothing illegally smuggled into various regions without regard to the adverse effects of the used clothes. The responsibility of business actors to consumers of used clothes who are harmed in terms of health. The responsibility of business actors can be requested when business actors violate consumer rights and commit acts that are prohibited according to Article 8 of Law Number 8 of 1999 concerning Consumer Protection, namely business actors are prohibited from trading goods that damaged, defective or used, and polluted without providing complete and correct information on the goods in question.
Tanggungjawab Grab Express Terhadap Konsumen Dalam Jasa Pengantaran Barang Yulianti, Wa Ode; Berlianty, Teng; Haliwela, Nancy Silvana
TATOHI: Jurnal Ilmu Hukum Vol 4, No 2 (2024): Volume 4 Nomor 2, April 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i2.2128

Abstract

Introduction: Grab Express is a goods delivery service provided by the Grab company for people in Indonesia, grab express offers services to consumers in the form of services with drivers/couriers as business partners of the Grab Indonesia company. However, the services provided by the grab express company still have various irregularities committed by drivers/couriers to consumers who use grab express services.Purposes of the Research: This study aims to identify and describe the legal relationship between Grab Express and consumers in goods delivery services and this research also aims to analyze and explain accountability in the event of a loss on the part of the consumer.Methods of the Research: This research is a normative legal research, using a law approach and a conceptual approach. Legal research materials include primary, secondary, tertiary data sources. Data collection techniques in the form of literature study. Techniques for analyzing data on legal materials that were collected and compiled systematically and then reviewed and analyzed qualitatively.Results of the Research: From the research results, companies that provide Grab Express services can be held responsible for damage to goods sent to consumers through the driver/courier. Responsibility can be realized in the form of compensation and replacement as a result of damage or loss of goods experienced by consumers. The legal relationship between Grab Express and consumers occurs when consumers agree to the Grab Express service application. Grab Express has a legal relationship with the driver/courier as the officer who will deliver the goods to the consumer. If there is damage, the responsibility for the consumer can be requested from Grab Express and followed up by the driver/courier. Grab Express and driver/courier parties in carrying out their business activities are required to carry out their work responsibly and not harm consumers. Consumers are obliged to receive services as a form of right because they have fulfilled their obligations by paying a fee for using the Grab Express service.
Tanggung Jawab Pelaku Usaha Dalam Penjualan Dengan Menggunakan Fake Order Pada Jual-Beli Online Andrean, Paulus; Berlianty, Teng; Kuahaty, Sarah Selfina
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.v2i1.13784

Abstract

ABSTRACT: Article 9 and Article 10 UUPK prohibit business actors from offering, promoting or advertising goods and services in a dishonest manner, as well as containing information that is incorrect or misleading to consumers. However, in reality there are shop owners trying to attract consumers' attention (a shortcut), by asking for help from their closest friends and family to take part in carrying out fake orders. Fake orders made by shop owners aim to increase sales. The aim of this research is to find out and explain the responsibility of business actors regarding sales by carrying out fake orders, as well as to find out and explain the forms of legal protection for consumers in buying and selling transactions through sellers who carry out fake orders. Normative juridical research method by examining library sources. The responsibility of business actors is part of the obligations that bind business activities. Article 1365 of the Civil Code as an article on unlawful acts makes several elements of (liability based on fault). The principle of responsibility based on fault (liability based on fault) is the most popular principle and is one of the principles for responsibility, so that error is the only factor in the birth of responsibility. As for preventive legal protection, efforts to prevent legal violations before they occur direct government action to be careful in making decisions based on discretion and prevention through the establishment of clear legal norms, legal education to the public, and effective law enforcement. Meanwhile, repressive legal protection, law enforcement against violations that have occurred, such as prosecution and trial. Aims to resolve the case, until it is handled by the competent judicial institution.
Perlindungan Konsumen Terhadap Wanprestasi dalam Investasi Perdagangan Pada Aplikasi Jombingo Buy-Together Sari, Puput Novita; Berlianty, Teng; Kuahaty, Sarah Selfina
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.v2i1.13785

Abstract

ABSTRACT: Investment can be defined as the process of placing a certain amount of funds in a particular asset with the hope of obtaining profits from that capital in the future. Investment in the Jombingo Buy-Together application itself takes the form of investing capital by purchasing goods in the application and then getting a number of profits from purchasing goods. The legal basis governing capital investment is regulated in Law Number 25 of 2007 concerning Capital Investment. The research method used is normative juridical, using a statutory approach and a conceptual approach, the legal materials used are primary, secondary and tertiary. Collecting legal materials using literature study, and then analyzing them using qualitative analysis techniques. The results of this research show that legal protection for consumers who suffer losses in trading investments on the Jombingo buy-together application is divided into 2, namely preventive protection and repressive protection. Preventatively, namely legal protection aims to prevent losses or problems experienced by buyers. Several forms of preventive legal protection for consumers which regulate consumer losses in investments, as well as the rights and obligations of the parties, namely Law Number 8 of 1999 concerning Consumer Protection, Law Number 21 of 2011 concerning the Financial Services Authority, Law Number 19 2016 concerning amendments to Law Number 11 of 2008 concerning Electronic Information and Transactions, and Financial Services Authority Regulation Number 6/Pojk.07/2022 concerning Consumer and Public Protection in the Financial Services Sector. Meanwhile, repressively, namely in the form of dispute resolution. Article 45 of the Consumer Protection Law states that every buyer who experiences a loss can resolve the dispute through litigation or non-litigation, based on the voluntary choice of the parties to the dispute.
Pertanggungjawaban Hukum Peminjaman Nama Perusahaan Untuk Mengikuti Pengadaan Barang Dan Jasa Pemerintah Sunoto, Sunoto; Tjoanda, Mery; Berlianty, Teng
PAMALI: Pattimura Magister Law Review Vol 4, No 2 (2024): JULI
Publisher : Postgraduate Program in Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v4i2.2161

Abstract

Introduction: The practice of using another company's name to participate in government procurement contracts is a common occurrence today. Although there are no explicit regulations prohibiting this practice, borrowing another company's name can be done due to affiliations between related companies or as an attempt to deceive the bidding organizers.Purposes of the Research:  This research aims to examine and analyze the legitimacy of the practice of borrowing a company's name to participate in government procurement of goods and services, as well as the forms of accountability for breaches of contract in the implementation of such name borrowing in procurement processes.Methods of the Research: This research is a normative juridical research, using a descriptive analytical research type using primary, secondary and tertiary legal sources. The approach used is a statutory approach (Statute Approach), a conceptual approach (conceptual approach) and a case approach (Case Approach). The technique of collecting legal materials uses a literature study which is then analyzed qualitatively in order to answer the problems studied.Results of the Research: The research findings indicate that the practice of using another company's name in government procurement of goods and services violates various legal provisions, including Presidential Regulation No. 16 of 2018, Regulation of the Procurement Policy Agency (LKPP) No. 9 of 2019, as well as the Law on the Prohibition of Monopoly Practices and Unfair Business Competition. This practice also fails to meet the requirements of a valid agreement as it contradicts the law. The winning company of the tender is fully responsible for the contract's implementation, including if it utilizes another company's name, and can be sued by the aggrieved party in case of breach of contract, with legal consequences including compensation, contract termination, administrative sanctions, blacklisting, and criminal penalties.
Status Kepemilikan Kios Dalam Pusat Perbelanjaan Yang Dibangun Berdasarkan Kontrak Bangun Guna Serah Tupamahu, Cheryl Nathania; Berlianty, Teng; Kuahaty, Sarah Selfina
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.v2i2.16060

Abstract

Build Opreate and Transfer Contract is an alternative project financing by the government which gives management rights to private parties for 30 years and then the land and buildings are completely handed over to the government. Based on this agreement, the construction of a building in the form of a commercial building using land which is a regional property asset requires Building Rights. In its management, the private sector as a cooperation partner is given the right to operate the building, including renting or selling the unit inside. For unit ownership based on a sale and purchase agreement, a Flat Unit Ownership Certificate is issued as legal proof of ownership of the unit. This has an impact on the ownership status of the unit after the end of the Build Operate and Transfer Contract which states that the building is fully owned by the government. The issuance of a Certificate of Ownership Rights for a Flat Unit is based on a Building Rights Certificate, while the issuance of a Building Rights Certificate is based on a Build Operate and Transfer Contract. This shows that the Build Operate and Transfer Contract underlies all the agreements above it so that when it ends, all the agreements above also end.
Penyelesaian Hukum Terhadap Nasabah Lembaga Keuangan Bukan Bank Yang Terdampak Pandemi Covid-19 Waremra, Merlin Clara; Berlianty, Teng; Pariela, Marselo Valentino Geovani
TATOHI: Jurnal Ilmu Hukum Vol 4, No 6 (2024): Volume 4 Nomor 6, Agustus 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i6.2453

Abstract

Introduction: Bunas Finance Indonesia (BFI) is a company that serves loans with vehicle and house certificate guarantees, therefore Bunas Finance Indonesia (BFI) provides credit to customers with a period ranging from 12 months to 48 months or depending on the loan product chosen by the customer, if the customer experiences a delay in payment, a fine of 0.5% or 0.3% per day of the loan made. However, currently the world has been hit by an Extraordinary Event in the form of the Covid-19 pandemic caused by the SARS-CoV-2 virus which infected the first individual in Wuhan and then spread to all corners of the world, including IndonesiaPurposes of the Research: This study aims to determine and explain the effect of the Covid-19 pandemic on Bunas Finance Indonesia (BFI) customers in carrying out payment obligations. To find out and explain legal settlements for customers of Bunas Finance Indonesia (BFI) as a non-bank financial institution affected by the Covid-19 pandemicMethods of the Research: This research is legal research. This research is normative legal research or library law research where it is in the form of legal theory, studied data, laws and regulations, and court decisions.Results of the Research: From the results of the research, companies that provide Bunas Finance Indonesia (BFI) can be held accountable for defaulting on customers in financial settlements so that customers can get the vehicles they own.
Co-Authors Akyuwen, Rory Jeff Andrean, Paulus Balik, Agustina Dyastuti, Risqi Mumpuni Gaspersz, Frans Gerald Yacob Hetharie, Yosia Jose, Palti Josua Junaedi, Budi Kuahaty, Sarah Selfina Latuconsina, Moh Fadly Lefumonay, Imelda Murahman, Farhan Nancy Silvana Haliwela Narwadan, Theresia Nolda Agnes Novyta Uktolseja Nussy, Michael Pamungkas, Putra Pariela, Marselo Valentino Geovani Raihan, Muhammad Ronald Saija, Ronald Sari, Puput Novita SIHITE, SRI RUMADA Sinaga, Roulinta Y Soplanit, Miracle Sunoto Sunoto Talahatu, Reylandho Cornelius Tas’an, Darma Perdana Tjoanda, Merry Tjoanda, Mery Tomasoa, Juliane Irene Triska Demmatacco Tupamahu, Cheryl Nathania Uktolseja, Novyta Waremra, Merlin Clara Wear, Elsa Amalia Yulianti, Wa Ode