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<![CDATA[Pertanggung Jawaban Hukum Pengelola Parkir Terkait Legalitas Usahanya ]]>
<![CDATA[Murahman, Farhan]]>;
<![CDATA[Berlianty, Teng]]>;
<![CDATA[Kuahaty, Sarah Selfina]]>
<![CDATA[ PATTIMURA Legal Journal Vol 3 No 3 (2024): Desember 2024 PATTIMURA Legal Journal ]]>
Publisher : <![CDATA[Postgraduate Program Doctoral in Law, Universitas Pattimura ]]>
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DOI: 10.47268/pela.v3i3.17347
<![CDATA[Introduction: Parking service users who are harmed because there are managers and parking attendants who manage a parking lot illegally, they do not have direct permission from the local government and there is a loss of consumer belongings, and the consumer asks for compensation for the loss but the parking officer does not want to be responsible for the reason that it is not his responsibility, this is of course the responsibility of the parking manager if the parking officer does not want to be responsible for the The loss. Purposes of the Research: The responsibility of the parking manager, this of course causes losses experienced by parking lot users or consumers due to the absence of responsibility from the parking manager. Methods of the Research: The research method used is a type of normative research that is carried out by researching library materials or secondary data, legal materials consisting of primary legal materials, secondary legal materials, and tertiary legal materials, in the procedure for collecting legal materials is carried out by examining legal materials, preparing legal materials, systematically processing and analyzing legal materials. Results Originality of the Research: The results of this study show that the legality of parking attendants, namely parking managers, must have official permits from the local government and wear uniforms or clear identification. Sanctions given to illegal parking attendants include verbal or written reprimands and administrative fines, as well as the responsibility of parking managers to parking service users. In the event of loss of consumer goods, the parking manager is responsible for replacing the lost consumer goods, because the task of the parking manager is to protect the consignment items belonging to consumers as if they belong to them and must be returned in their original form.]]>
<![CDATA[Sistem Gadai Hasil Dusun Dalam Perspektif Hukum Perjanjian ]]>
<![CDATA[Berlianty, Teng]]>;
<![CDATA[Akyuwen, Rory Jeff]]>;
<![CDATA[Nussy, Michael]]>
<![CDATA[ JATISWARA Vol. 38 No. 1 (2023): Jatiswara ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Mataram ]]>
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DOI: 10.29303/jtsw.v38i1.453
<![CDATA[Penelitian ini bertujuan untuk mengetahui dan menganalisis bentuk dan kekuatan hukum dari perjanjian gadai hasil dusun di Negeri Laimu Maluku Tengah. Penelitian ini merupakan penelitian sosiolegal (sociolegal research), yakni metode penelitian kombinasi antara metode penelitian Hukum doktrinal dan metode penelitian Hukum empiris. Penelitian ini dilakukan Negeri Laimu Maluku Tengah yang notabene mempraktikan perjanjian gadai hasil dusun antara pemberi gadai (pemilik dusun) dengan penerima gadai. Jenis data penelitian ini adalah data primer dan data sekunder yang diperoleh melalui studi kepustakaan dan wawancara. Berdasarkan hasil penelitian, pelaksanaan perjanjian gadai hasil dusun di Negeri Laimu Maluku Tengah, dilakukan dalam bentuk perjanjian lisan antara pemberi gadai dan penerima gadai. Perjanjian lisan yang tercipta itu didasarkan pada rasa saling percaya diantara para pihak. Namun seringkali perjanjian lisan itu diingkari oleh pihak pemberi gadai (pemilik dusun) dengan kembali menggadaikan dusunnya kepada pihak lain padahal dusun tersebut sedang dalam masa gadai dengan pihak sebelumnya. Hal ini merupakan kelemahan perjanjian gadai hasil dusun yang dilakukan hanya secara lisan. Walaupun demikian, perjanjian gadai hasil dusun yang dilakukan secara lisan tersebut dalam aspek hukum perjanjian tetap dianggap sah karena memenuhi syarat sah perjanjian dalam pasal 1320 KUHPerdata dan oleh karenanya memiliki kekuatan hukum mengikat diantara kedua belah pihak.]]>
<![CDATA[Legal Protection for Salak Riring as a Geographical Indication ]]>
<![CDATA[Raihan, Muhammad]]>;
<![CDATA[Berlianty, Teng]]>;
<![CDATA[Soplanit, Miracle]]>
<![CDATA[ TATOHI: Jurnal Ilmu Hukum Volume 4 Issue 11, January 2025 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/tatohi.v4i11.2842
<![CDATA[Introduction: Registration of geographical indication protection of Salak Riring in West Seram Regency will popularize the area as a producer of quality salak fruit, increase sales, and contribute to local economic growth. This protection also provides legal certainty for producers, protecting the product from counterfeiting and misuse. Salak Riring, also known as Salak Merah, has been recognized as a superior commodity of West Seram Regency, Salak Merah received an award in the form of a Certificate from the Minister of Agriculture of the Republic of Indonesia Number 454/KPTS/PD.210/9/2003, and was designated as a national superior variety due to its distinctive botanical characteristics and high economic value.Purposes of the Research: The purpose is to examine and explain the legal protection of Salak Riring as a geographical indication.Methods of the Research: The research method used is normative juridical, which examines legal materials such as laws and regulations, legal theories, and opinions of scholars in order to solve the problems studied.Results of the Research: The results of this study show that the legal protection of Salak Riring as a geographical indication has a significant economic impact on the people of Riring Village in West Seram. The registration of Salak Riring provides legal protection and certainty to the community in production and marketing, and protects against counterfeiting or misuse. Salak Riring as one of the geographical indication products with special characteristics, makes legal protection a must to maintain the sustainability of quality production and sales.]]>
<![CDATA[Tanggung Jawab Penjual Atas Tindakan Wanprestasi Dalam Jual-Beli Diamond Game Online Mobile Legends ]]>
<![CDATA[Pamungkas, Putra]]>;
<![CDATA[Berlianty, Teng]]>;
<![CDATA[Kuahaty, Sarah Selfina]]>
<![CDATA[ PATTIMURA Law Study Review Vol 3 No 1 (2025): April 2025 PATTIMURA Law Study Review ]]>
Publisher : <![CDATA[Faculty of Law Universitas Pattimura ]]>
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DOI: 10.47268/palasrev.v3i1.19719
<![CDATA[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).]]>
<![CDATA[Perlindungan Hukum pada Debitur atas Penarikan Objek Jaminan Fidusia melalui Parate Eksekusi ]]>
<![CDATA[Junaedi, Budi]]>;
<![CDATA[Tjoanda, Merry]]>;
<![CDATA[Berlianty, Teng]]>
<![CDATA[ PATTIMURA Legal Journal Vol 1 No 2 (2022): Agustus 2022 PATTIMURA Legal Journal ]]>
Publisher : <![CDATA[Postgraduate Program Doctoral in Law, Universitas Pattimura ]]>
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DOI: 10.47268/pela.v1i2.6433
<![CDATA[Introduction: The arrangement for the execution of fiduciary guarantees as explained in the decision of the Constitutional Court Number 2/PUU-XIX/2021 requires the execution of a fiduciary guarantee certificate which is carried out and applies the same as the execution of court decisions which have permanent legal force. Purposes of the Research: This study aims to find out how the procedure for withdrawing fiduciary guarantees is through the execution parate, and what forms of legal protection are given to debtors for the withdrawal of fiduciary guarantees through the execution parate. Methods of the Research: This study uses a normative legal research method, which aims to determine the procedure for withdrawing fiduciary guarantees through the execution parate, and how the form of legal protection is given to debtors for the withdrawal of fiduciary guarantees through the execution parate. Results Originality of the Research: Legal protection for debtors for the withdrawal of the object of fiduciary security is strengthened through the decision of the Constitutional Court Number 2/PUU-X1X/2021. The decision regulates the existence of an agreement or voluntary surrender of the object of fiduciary security from the debtor to the creditor without any act of unilateral control of the object of guarantee by the creditor. On the other hand, if there is no agreement or voluntary surrender, then new control can be carried out with the knowledge of the court]]>
<![CDATA[Vaksin Covid-19 Sebagai Karya Paten Dalam TRIPs Agreement ]]>
<![CDATA[Jose, Palti Josua]]>;
<![CDATA[Berlianty, Teng]]>;
<![CDATA[Kuahaty, Sarah Selfina]]>
<![CDATA[ KANJOLI Business Law Review Vol 1 No 1 (2023): Juni 2023 KANJOLI Business Law Review ]]>
Publisher : <![CDATA[Pusat Kajian Hukum Bisnis Fakultas Hukum Universitas Pattimura ]]>
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DOI: 10.47268/kanjoli.v1i1.9911
<![CDATA[The Covid-19 pandemic is a Public Health Emergency, a challenge for developing and underdeveloped countries to get a Covid-19 vaccine. Patent protection that is accommodated in the TRIPS Agreement is considered burdensome for vaccine accessibility, because it has a direct impact on increasing vaccine prices, making it difficult for some countries with low per capita incomes and lagging industries to reach them. The purpose of this paper is to determine the arrangement of patent rights based on the TRIPS Agreement. The research method used in this paper is normative juridical, namely by examining library data or materials in the form of primary legal materials and secondary legal materials. Then it will be described descriptively and given a conclusion. The strict patent system and the exclusive rights of patent holders contained in the TRIPS Agreement are barriers to reaching pharmaceutical inventions. Therefore, every country needs a National Emergency Plan that can accommodate health services such as vaccines. This can be implemented using a Compulsory License or Government Use (Patent Implementation by the Government) instrument.]]>
<![CDATA[Perlindungan Hak Ekonomi Pencipta Dan Pemegang Hak Cipta Atas Pemutaran Musik Atau Lagu Di Kafe Dan Restoran ]]>
<![CDATA[Talahatu, Reylandho Cornelius]]>;
<![CDATA[Berlianty, Teng]]>;
<![CDATA[Balik, Agustina]]>
<![CDATA[ KANJOLI Business Law Review Vol 1 No 2 (2023): Desember 2023 KANJOLI Business Law Review ]]>
Publisher : <![CDATA[Pusat Kajian Hukum Bisnis Fakultas Hukum Universitas Pattimura ]]>
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DOI: 10.47268/kanjoli.v1i2.11609
<![CDATA[Commercially playing music or songs in cafes and restaurants by these business actors are required to pay royalties as regulated in Government Regulation No. 56 of 2021. However, quite a few business actors are still currently refusing and not paying royalties for certain reasons, This act of not paying royalties of course violates the exclusive rights in the form of economic rights of the creator or copyright holder and causes economic losses for the creator or copyright holder. This research uses a normative juridical research method with the legal materials used, namely primary legal materials, secondary legal materials and tertiary legal materials. Data collection techniques were carried out through literature study and analyzed using qualitative methods to answer the problems in this research. The results of this research can be concluded that business actors who play music or songs commercially in cafes and restaurants and do not pay royalties have violated the economic rights of creators and copyright holders. The legal consequences of violations of economic rights, as regulated in Government Regulation No. 56 of 2021 and Law No. 28 of 2014, are that creators or copyright holders can file lawsuits and can be subject to compensation fines or imprisonment for business actors who do not pay royalties. It is necessary to expand the reach of LMKN and improve infrastructure so that it can reach small areas, as well as for creators to be able to immediately register their creations to make it easier for LMKN to manage royalties and avoid Copyright violations and to make it easier to resolve problems related to Copyright.]]>
<![CDATA[Perlindungan Hukum Terhadap Penggunaan Suara Penyanyi dalam Pembuatan Karya Seni Musik Menggunakan Kecerdasan Buatan ]]>
<![CDATA[Wear, Elsa Amalia]]>;
<![CDATA[Berlianty, Teng]]>;
<![CDATA[Narwadan, Theresia Nolda Agnes]]>
<![CDATA[ KANJOLI Business Law Review Vol 2 No 1 (2024): Juni 2024 KANJOLI Business Law Review ]]>
Publisher : <![CDATA[Pusat Kajian Hukum Bisnis Fakultas Hukum Universitas Pattimura ]]>
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DOI: 10.47268/kanjoli.v2i1.13559
<![CDATA[Currently, there are many musical works of art that are sung by artificial intelligence using the voice of a particular singer. Where, the singer's voice is taken through a music recording and then inputted, studied, and replicated by artificial intelligence. Of course, the taking and use of the singer's voice is done without the permission and rights of the relevant parties. In fact, Law Number 28 of 2014 concerning Copyright has guaranteed the rights of singers as one of the relevant rights holders. The research method used is normative juridical using a statutory approach and conceptual approach. The legal sources used are primary, secondary, and tertiary legal materials with legal material collection techniques using literature study techniques analyzed with qualitative descriptive techniques. The results showed that legal protection of singers whose voices are used in the creation of musical works of art through the use of artificial intelligence technology can be provided in terms of prevention through registration of creations, supervision by the government, and through the procurement of binding legal products. As well as repressive legal protection by blocking and closing content or access rights, filing lawsuits to the Commercial Court, and imposing criminal sanctions.]]>
<![CDATA[Akibat Hukum Penggunaan Potret Idol Dalam Bentuk FanArt Pada Sampul Novel ]]>
<![CDATA[Lefumonay, Imelda]]>;
<![CDATA[Berlianty, Teng]]>;
<![CDATA[Balik, Agustina]]>
<![CDATA[ KANJOLI Business Law Review Vol 2 No 2 (2024): Desember 2024 KANJOLI Business Law Review ]]>
Publisher : <![CDATA[Pusat Kajian Hukum Bisnis Fakultas Hukum Universitas Pattimura ]]>
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DOI: 10.47268/kanjoli.v2i2.16280
<![CDATA[Reading activities in today's digital era are increasingly accessible thanks to the abundance of information and communication. Access to a wide range of reading materials can now be done anywhere and anytime. One of the trends that has emerged in the publishing of fiction novels in Indonesia is the use of K-pop idol themes on book covers, especially those that have been registered with ISBNs. The covers of these novels often feature portraits of idols produced through fanart, tracing or other digital methods. For example, a novel called Hidden 2.O by Asabell Audida features the faces of EXO's Chanyeol and BTS's Jungkook drawn with vector techniques. However, this act of commercialization has the potential to violate the economic rights stipulated in Article 12 Paragraphs (1) and (2) of the UUHC, both for the idol concerned and the agency that oversees it. The research method used is juridical-normative with the approach used in this study being a conceptual approach and a statute approach. To answer the existing problems, the author collects legal materials through literature study and analysis with qualitative analysis methods. The results of the research regarding the use of images of Chanyeol from EXO and Jungkook from BTS as the cover of a novel by Asabell Audida without obtaining permission show that there is an unlawful act, which according to Article 9 Paragraph (2) of the UUHC the use of portraits for commercial purposes without the consent of the creator or copyright holder is a violation of the law. Therefore, fan artists who sell their works without permission can be considered to have committed an illegal act. And the legal consequences can be for the writer and also the legal consequences for the sale of the novel can be up to the revocation of the sales license.]]>
<![CDATA[Legal Protection of Bambu Gila Dance as a Traditional Cultural Expression ]]>
<![CDATA[Berlianty, Teng]]>;
<![CDATA[Hetharie, Yosia]]>;
<![CDATA[Putri Anggia]]>
<![CDATA[ Yuridika Vol. 39 No. 1 (2024): Volume 39 No 1, January 2024 ]]>
Publisher : <![CDATA[Universitas Airlangga ]]>
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DOI: 10.20473/ydk.v39i1.48389
<![CDATA[This study aims to examine the bambu gila dance as a potential intellectual property for traditional cultural expressions in Maluku which should receive legal protection as part of efforts to defend cultural heritage from claims of ownership by other parties or other countries. Bambu Gila Dance is one of the famous traditional arts from Maluku. The traditional cultural expression in the form of the Bambu Gila dance is expressly protected by the Indonesian intellectual property rights system. However, protection for Bambu Gila Dance as a traditional cultural expression cannot be realized so that it can only be used by other parties illegally. This research is a normative juridical research supported by primary legal materials and secondary legal materials with a conceptual approach and statutory approach. Legal protection for the traditional Bambu Gila dance from Maluku Province has not been effectively implemented, both based on Article 38 of Law Number 28 of 2014 Concerning Copyright, as well as in terms of the actions of government officials who have not been able to inventory traditional dance performance artworks as an expression traditional culture in Maluku including the Bambu Gila Dance. The role of the Provincial and Regency Governments in Maluku is crucial in realizing legal protection for traditional dances, including the Bambu Gila Dance, as intangible cultural heritage through the establishment of regional regulations. These regulations serve as legal basic to provide legal certainty as part of efforts for preventive legal protection for the Bambu Gila Dance.]]>
