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All Journal Abdimas Jurnal Jatiswara Batulis Civil Law Review TATOHI: Jurnal Ilmu Hukum PAMALI: Pattimura Magister Law Review Balobe Law Journal 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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Legal Protection for the Dominus in Acts of Zaakwarneming Tomasoa, Juliane Irene; Berlianty, Teng; Saija, Ronald
LUTUR Law Journal Vol 6 No 1 (2025): May 2025 LUTUR Law Journal
Publisher : Program Studi Hukum Diluar Kampus Utama Universitas Pattimura Kabupaten Maluku Barat Daya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/lutur.v6i1.22888

Abstract

.An incident that often occurs in the life of others is an act without orders from others or voluntary help, this act is called Zaawarneming. Juridical-normative legal research using the Legislation approach, Conceptual approach related to the problem being studied. The findings of this study are that Dominus' protection in the Civil Code includes the Manager's obligation to account for its actions, Dominus' right to reject or accept the Manager' s actions, the Manager's obligation to compensate for damages, Dominus not paying wages to the Manager, and Dominus' right to terminate the act of Zaakwarneming. Currently, existing legal rules focus more on regulating the rights and obligations of Dominus (the owner of the interest) without providing sanctions or a clear compensation mechanism for Dominus if the Gestor (the party carrying out the management act) makes a mistake.
Legal Protection for Land Certificate Holders in the Complete Systematic Land Registration Program Gaspersz, Frans Gerald Yacob; Berlianty, Teng; Uktolseja, Novyta
PAMALI: Pattimura Magister Law Review Vol 5, No 3 (2025): NOVEMBER
Publisher : Postgraduate Program in Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v5i3.2238

Abstract

Introduction: Soil is not only a means of food production but also symbolizes social status. The Complete Systematic Land Registration Program (PTSL) is an effort to achieve legal certainty, although it still faces various obstacles such as lack of public awareness, land disputes, unclear village boundaries, and abuse of authority.Purposes of the Research: This research aims to study, analyze, and determine the legal certainty of complete systematic land registration (PTSL) as well as the legal strength of land rights certificates in the complete systematic land registration (PTSL) program.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 Main Findings of the Research: The research results show that although the PTSL program aims to provide legal certainty for land rights holders, in reality, many certificate holders still face various obstacles such as administrative inefficiencies, unclear land boundaries, abuse of authority, and overlapping ownership claims, which result in a lack of assurance and legal protection for land certificate holders. The land rights certificates issued through this program, which are supposed to be strong legal protection instruments, often become sources of uncertainty and problems because they can be disputed by other parties claiming rights to the same land, thereby rendering the land certificates legally weak.
Legal implications Parental Responsibility Due to Electronic Agreements Made by Minors Souhoka, Elma; Berlianty, Teng; Labetubun, Muchtar Anshary Hamid
TATOHI: Jurnal Ilmu Hukum Volume 6 Issue 1, March 2026
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v6i1.3247

Abstract

Introduction: The current era of globalization has resulted in very rapid technological developments, people are facilitated in meeting their needs through electronic transactions. However, the ease of conducting electronic transactions means that it can also be done by minors, this certainly has legal consequences from the electronic agreement made so that parents/guardians can be held accountable for the agreement.Purposes of the Research: The purpose of this study is how to enrich the understanding of parental responsibilities in electronic agreements carried out by minors.Methods of the Research: Normative legal research, with a statute approach and a conceptual approach.Findings of the Research: Results study This show that agreement electronics that are done by children under age , no legitimate in a way law based on Article 1320 of the Civil Code and Article 46 of the Regulations Government Number 71 of 2019 concerning with condition legitimacy a agreement . Parents or guardians are responsible answer on agreement electronics that are done by child , responsibility answer the in law civil Indonesia known with draft vicarious liability (responsibility substitute ) which is set in Article 1367 of the Civil Code , in matter this parents can do payment on purchased products or follow intrusion from the party perpetrator business For repair error (filing return goods).
Legal Protection of Consumers' Personal Data in Information Technology-Based Loan and Borrowing Agreements Sopaheluwakan, Erlin Philein; Berlianty, Teng; Pesulima, Theresia Louize
PAMALI: Pattimura Magister Law Review Vol 6, No 1 (2026): MARCH
Publisher : Postgraduate Program in Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v6i1.2273

Abstract

Introduction: In the field of digital economy transactions, especially information technology-based loan and borrowing agreements, the importance of personal data is increasing. Even so, consumer data protection is still not adequately handled, raising concerns about the many cases of personal data breaches that actually cause losses to consumers with illegal access to consumer personal data. The birth of the Personal Data Protection Law and various regulations related to personal data protection and information technology-based lending and borrowing services is a serious step by the government to provide protection and security of consumers' personal data.Purposes of the Research: This research aims to examine and analyze the legal protection of consumers' personal data in information-based lending agreements, as well as the legal implications of the dissemination of consumers' personal data in technology-based lending agreements.Methods of the Research: The method used in this research is the normative juridical method with a legislative approach and a conceptual approach. The legal materials used are primary, secondary, and tertiary legal materials. These legal materials are analyzed qualitatively to address the issues being studied.Results Main Findings of the Research: The research results show that legal protection of consumers' personal data in technology-based lending agreements in Indonesia is currently well-regulated through Law Number 27 of 2022 on Personal Data Protection (PDP Law) and various related regulations. Although these regulations are comprehensive, their implementation still faces various challenges, particularly regarding the awareness and understanding of business actors and consumers about the importance of personal data protection. Supervision by the Financial Services Authority (OJK) and related institutions needs to be strengthened, and improvements in technology infrastructure and human resources are required to support effective implementation. Legal implications of personal data breaches affect both consumers and business actors. Consumers' rights to security and comfort are not met due to personal data breaches. Business actors who do not comply with their obligations and responsibilities regarding the protection of consumers' personal data may face various legal implications, such as loss of consumer trust, financial losses, administrative and criminal sanctions, service termination by the government, and a decrease in company value.
Law Enforcement Against Environmental Damage and Pollution by Mining Companies ernate, Fandi Ahmad T; Berlianty, Teng; Holle, Erick Stenly
Balobe Law Journal Volume 6 Issue 1, April 2026
Publisher : Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/balobe.v6i1.3714

Abstract

Introduction: The environment inhabited by humans must be a good and healthy environment, far from pollution and damage, so that humans can continue their lives in this world.Purposes of the Research: The objectives of this study are: To study and analyze the responsibility of companies that pollute the environment in Central Halmahera, North Maluku Province.Methods of the Research: The type of research conducted in this paper is normative juridical law research that is descriptive and analytical. Normative legal research is a form of legal writing that is based on the characteristics of normative law. The approach used is a statutory approach or a juridical approach, namely research on legal products, and a conceptual approach. This approach is carried out because there is no legal regulation for the problems discussed. This conceptual approach starts from the views and doctrines that have developed in legal science, resulting in an understanding of the law and legal principles that are relevant to the problems discussed.Results of the Research: The results of this study show that the responsibility of the nickel mining company PT Indonesia Weda Bay Industrial Park (IWIP) which is suspected of environmental pollution that occurs includes preventive measures, waste management and recovery if environmental damage occurs, then business actors are absolutely responsible. Civil Liability of the nickel mining company PT Indonesia Weda Bay Industrial Park (IWIP) includes installing a waste management unit so that the waste is in accordance with the specified environmental quality standards, restoring environmental functions, increasing supervision and evaluation to anticipate the recurrence of negligence and carrying out moral responsibility to the environment by accelerating the process of restoring polluted river stream environments by carrying out Routine cleaning of river flows so that the remains of waste that comes out into the river can be quickly decomposed.
Co-Authors Akyuwen, Rory Jeff Andrean, Paulus Balik, Agustina Dyastuti, Risqi Mumpuni ernate, Fandi Ahmad T Gaspersz, Frans Gerald Yacob Hetharie, Yosia Holle, Erick Stenly Jose, Palti Josua Kuahaty, Sarah Selfina Latuconsina, Moh Fadly Lefumonay, Imelda Muchtar Anshary Hamid Labetubun Murahman, Farhan Nancy Silvana Haliwela Narwadan, Theresia Nolda Agnes Novyta Uktolseja Nussy, Michael Pamungkas, Putra Pariela, Marselo Valentino Geovani Pesulima, Theresia Louize Raihan, Muhammad Ronald Saija, Ronald Sari, Puput Novita Sopaheluwakan, Erlin Philein Soplanit, Miracle Souhoka, Elma 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