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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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Journal : PATTIMURA Law Study Review

 1 
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.
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.
Tanggung Jawab Penjual Atas Tindakan Wanprestasi Dalam Jual-Beli Diamond Game Online Mobile Legends Pamungkas, Putra; Berlianty, Teng; Kuahaty, Sarah Selfina
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.v3i1.19719

Abstract

The dimension of e-commerce in ITE Law Number 19 of 2016 and ITE Law Number 19 of 2016, which requires everyone to provide complete information and prohibits everyone from spreading fake news. In everyday life, what often occurs is default on consumers who like to play online games, especially Mobile legend. In reality, many defaults occurred but consumers did not have access to sue Top Up Store accounts because consumers had been blocked. Therefore, Mobile Legends players who feel aggrieved due to Top-Up diamonds and Top Up Store not repairing or refusing compensation can file a lawsuit to receive compensation. A clear dispute resolution process must exist in the event of a default. The research methods used are normative legal research or library legal research. The type of research used is analytical descriptive research. The research approach carried out by the researcher is the conceptual approach and the legislative approach (Statue Approach). Legal materials include primary legal materials, secondary legal materials, and tertiary legal materials. The results of the research conducted by the researcher concluded that, based on the Civil Code, the force of binding diamond purchase and sale agreements by sellers other than official providers, it is clearly explained that between buyers and unofficial providers, it is absolutely binding. This is because there is an element of agreement between the two parties. In addition, the ITE Law in Article 9 also guarantees binding force between non-official providers and consumers. This can be seen as evidence of communication related to diamond buying and selling transactions on Mobile Online Games. The form of responsibility in this case for the seller for the default of buying and selling Mobile Legends Diamonds through the Top Up Store can be resolved through the Consumer Dispute Resolution Agency (BPSK).
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