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All Journal Abdimas Jurnal IUS (Kajian Hukum dan Keadilan) PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Jurnal Hukum Bisnis Bonum Commune Pena Justisia: Media Komunikasi dan Kajian Hukum Law Research Review Quarterly DAS SEIN: Jurnal Pengabdian Hukum dan Humaniora Yuridika Bacarita Law Journal Damhil Law Journal SASI Journal of Law and Legal Reform Jurnal Saniri
Hetharie, Yosia
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Religion Arts Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Humanitarian Law Perspective on the Protection of the Rights of Children in Armed Conflicts Hetharie, Yared; Hetharie, Yosia
Law Research Review Quarterly Vol 6 No 1 (2020): L. Research Rev. Q. (February 2020) "Law, Democracy and Crime: How Society Respon
Publisher : Faculty of Law Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lrrq.v6i1.36657

Abstract

Children are often victims of armed disputes, not only in the case they are trapped in situations of armed conflict but also children are often included directly as child soldiers, therefore children must be given protection to obtain their rights as a child in an armed dispute. Child protection is closely related to Human Rights that have been generally recognized by the international community. International legal instruments and national law have regulated the protection of children's rights. Countries that are involved in armed disputes and do not implement the provisions of humanitarian law in particular the protection of the rights of the child and are considered a war crime. This research is a legal research, which is a process to find the rule of law, legal principles, and legal doctrines in order to answer the legal issues faced with the approach used is the legal approach, which is carried out by examining all laws and regulations relating to the legal issues being addressed. Countries that have not ratified the provisions of Humanitarian law, should be able to ratify the provisions of Humanitarian law regarding the protection of children from being directly involved in armed disputes, and implement them into armed disputes, and implement them into their respective national legislation each country.
Default in Sea Transportation Agreement Hetharie, Yosia
Law Research Review Quarterly Vol 6 No 2 (2020): L. Research Rev. Q. (May 2020) "Contemporary Development in Legal Studies and Cri
Publisher : Faculty of Law Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lrrq.v6i2.37900

Abstract

Transportation has a very important role in facilitating the mobilization of goods and or people at home and abroad, one of which is by sea. However, in its implementation for agreements to transport people (passengers) by sea, it often creates problems where passengers as consumers who use sea transportation services do not get their right to a seat even though they have bought a boat ticket according to the ticket price determined by the sea transportation company. The carrier action can be categorized as a default. Default (broken promise or negligence) is the failure to fulfill the performance of one of the parties as specified in the agreement. One form of default in the transportation agreement occurs when the carrier does not carry out his obligations to the passenger according to the evidence of the agreement in the form of a ticket that is sold to the passenger, which results in the passenger experiencing a loss by not feeling comfort and safety on the ship. Therefore, the carrier is fully responsible for losses suffered by passengers.
ASPEK KEADILAN KLAUSULA BAKU DALAM PERJANJIAN KERJA OUTSOURCING Balik, Agustina; Hetharie, Yosia
Jurnal Hukum Bisnis Bonum Commune Volume 3, Nomor 2 Agustus 2020
Publisher : Faculty of Law, Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/jhbbc.v3i2.3801

Abstract

AbstractOutsourcing agreement system is the most widely used by companies as a basic for binding workers. Workers are required to fully comply with standard provisions our clauses. One of the requirements in a standard clauses made by PT DB Ambon that workers are subject to company regulations (PP). Even though (PP) it was never annouced to workers when workers violate the company regulations (PP) that they have never read, it is immediately that company decided to unilaterally work relations. Companies do not hestitate to make resignation letter on behalf of workers who were laid off without approval. By signing the letter of resignation does not get severance. The aspect of justice that is expected to occur is that companies must make company regulation by involving workers representatives who have the role of voicing workers rights. Company regulations (PP) must be announced or owned by every workers. With the company regulation (PP), it can be used as a basic for making work agreements for workers.Keywords: justice aspects; outsourcing work agreements; standard clausesAbstrakSistem perjanjian kerja outsourcing adalah yang paling banyak dipakai oleh perusahan sebagai dasar untuk mengikat pekerja. Pekerja dituntut untuk tunduk sepenuhnya pada ketentuan atau klausula yang sifatnya baku. Salah satu syarat dalam klausula baku yang dibuat oleh PT. DB Ambon bahwa pekerja tunduk pada Peraturan Perusahaan (PP). Padahal Peraturan Perusahaan (PP) itu tidak pernah diumumkan kepada pekerja. Ketika pekerja melanggar Peraturan Perusahaan (PP) yang tidak pernah mereka baca itu, serta merta perusaha  memutuskan hubungan kerja sepihak. Perusahan tidak segan-segan  membuat surat pengunduran diri atas nama pekerja yang di PHK tanpa persetujuannya. Dengan menandatangani surat pengunduran diri tersebut, maka tenaga kerja tersebut tidak memperoleh pesangon. Aspek keadilan yang diharapkan terjadi yaitu bahwa Perusahaan harus membuat Peraturan Perusahaan dengan melibatkan perwakilan pekerja yang berperan menyuarakan hak-hak pekerja sehingga perusahaan tidak sewenang-wenang terhadap hak-hak pekerja. Peraturan Perusahan (PP) harus dumumkan atau dimiliki oleh setiap pekerja. Dengan adanya Peraturan Perusahan (PP), maka dapat dijadikan dasar pembuatan perjanjian kerja bagi pekerja.Kata kunci: aspek keadilan; klausula baku, perjanjian kerja outsourcing
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.
KEDUDUKAN ANAK LUAR KAWIN DALAM SISTEM HUKUM ADAT AMBON LEASE Hetharie, Yosia
Bacarita Law Journal Vol 3 No 1 (2022): Agustus (2022) BACARITA Law Journal
Publisher : Programs Study Outside the Main Campus in Law Pattimura University ARU Islands Regency

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/bacarita.v3i1.7579

Abstract

In the community happens a in Ambon – Lease Islands many cases of children born out of wedlock .If there was outside woman who has borne a mate in costumary law forced marriage it will be done. A child prodigy mate against estate of inheritance the biological father in the system the sons of patrilineal and matrilineal basically just civil has links with his mother only while in a system of parentalstated his position child prodigy mate same of with a valid and entitled to on the estate of inheritance of your father biologist but inheritance that is based on the division of property in the axioms parimirma compassionate and some yurisprudensi the supreme court stating that child prodigy mate with a benefice valid and willingness with a base .There are also entitled to on the estate of inherited from their parents to the number of of an equal division , if child prodigy mate not with with a valid and child prodigy mate is achieving the right over all estate of inheritance their parents and of them.
Interaksi Menyoal Hak Kekayaan Intelektual dengan Pelaku Usaha Mikro Batik Khas Maluku di Kota Ambon Balik, Agustina; Tjoanda, Merry; Uktolseja, Novyta; Hetharie, Yosia
DAS SEIN: Jurnal Pengabdian Hukum dan Humaniora (Journal of Legal Services and Humanities) Vol. 4 No. 1 2024
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jds.v1i2.20226

Abstract

Abstrak: Kegiatan PKM dengan judul “Interaksi Menyoal Hak Kekayaan Intelektual dengan Pelaku Usaha Mikro Batik Khas Maluku di Kota Ambon” bertujuan untuk: (1). Mengimplementasikan hasil penelitian terdahulu dengan permasalahan mengenai pendaftaran hak cipta sebagai jaminan perlindungan hukum motif batik, (2). Sebagai bentuk edukasi dan peningkatan pemahaman hukum khususnya di bidang HKI bagi Pelaku UMKM Batik Khas Maluku di Kota Ambon. PKM ini menggunakan metode pelaksanaan berupa kegiatan diskusi dengan masing-masing Pelaku UMKM Batik melalui sharing dan berbagi ilmu pengetahuan hukum. Kegiatan PKM ini memberikan manfaat melalui peningkatan pemahaman pelaku UMKM Batik di Kota Ambon mengenai aspek hukum HKI dalam rangka untuk memberikan perlindungan terhadap hasil karya merupa motif-motif batik khas Maluku yang dihasilkan oleh pelaku UMKM. Melalui kegiatan diskusi dan sharing ilmu antara tim pengabdian dan pelaku UMKM ini, ditemukan bahwa inisiatif dan kerja keras dari Pelaku UMKM untuk menghasilkan karya batik khas Maluku sangat tinggi, tetapi masih perlu didukung oleh pemahaman hukum HKI untuk melindungi karya tersebut, karena seringkali beberapa motif batik khas Maluku yang diambil oleh pihak lain untuk digunakan secara melawan hukum dan dianggap sebagai milik mereka. Oleh sebab itu, perlu juga peran serta semua elemen baik itu masyarakat, pelaku UMKM, pemerhati UMKM, pemerintah daerah bahkan perguruan tinggi untuk mengupayakan perlindungan hukum di bidang HKI dalam rangka meningkatkan pemahaman hukum masyarakat secara umum dan secara khusus pelaku UMKM. Interaction on Intellectual Property Rights with Maluku Batik Small and Medium-Sized Enterprises Actors in Ambon CityAbstract: The community service activity entitled " Interaction on Intellectual Property Rights with Maluku Batik Small and Medium-Sized Enterprises Actors in Ambon City" aims to (1). Implementing the results of previous research with problems regarding copyright registration as a guarantee of legal protection for batik motifs (2). It is a form of education that increases understanding of the law, especially in the field of IPR for Maluku Typical Batik MSMEs in Ambon City. This community service uses the implementation method in the form of discussion activities with each Batik MSME actor through sharing and sharing legal knowledge. This Community Service activity provides benefits by increasing the understanding of Batik MSME actors in Ambon City regarding the legal aspects of IPR in order to protect the work of Maluku typical batik motifs produced by MSME actors. Through discussion and knowledge-sharing activities between the community service team and MSME actors, it was found that the initiative and hard work of MSME actors to produce typical Maluku batik works were very high. However, they still needed to be supported by an understanding of IPR law to protect these works because, often, some batik motifs typical of Maluku were taken by other parties to be used against the law and considered their own. Therefore, it is also necessary to have the participation of all elements, be it the community, MSME actors, MSME observers, regional governments, and even universities, to seek legal protection in the field of IPR in order to increase understanding of public law in general and specifically MSME actors.
OMNIBUS LAW SEBAGAI STRATEGI PENATAAN REGULASI PERTANAHAN Lainsamputty, Natanel; Soplantila, Ronny; Hetharie, Yosia
Jurnal Saniri Vol 1, No 1 (2020): Volume 1 Nomor 1, November 2020
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/saniri.v1i1.434

Abstract

The Indonesian government has gone through government regimes ranging from the Old Order to the Reformation Order to date which also has an impact on statutory provisions including land policies which are constantly changing and causing overlapping of various regulations as one of the triggers for land conflicts. In order to overcome the overlapping issue of land regulations, a new breakthrough was born through the concept of the Omnibus Law from the government as a strategy and solution for structuring land regulations. Through the Omnibus Law concept, it is hoped that it can resolve land conflicts due to overlapping regulations quickly, precisely and efficiently, and can organize and harmonize various land regulations from the central to regional levels. With the effective and efficient arrangement of land regulations, it will support the improvement of the investment climate in Indonesia.
Reconceptualizing Local Wisdom Values in Regulations for Micro and Small Enterprises in Maluku to Support Local Economic Development Ikhwansyah, Isis; Rahmawati, Ema; Hetharie, Yosia
PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW) Vol 12, No 1 (2025): PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW)
Publisher : Faculty of Law, Universitas Padjadjaran

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This study seeks to examine and evaluate the efficacy of implementing the principle of "Bhinneka Tunggal Ika" (unity in diversity), which embodies local wisdom, in the governance of micro and small enterprises in Maluku Province as an aspect of local legal development. The principle of Bhinneka Tunggal Ika needs to be incorporated into laws and regulations, particularly regional legal mechanisms related to micro and small enterprises, in compliance with the Law on the Formation of Legislation. In Maluku's legal landscape, many regional legal products pertaining to micro and small enterprises fail to incorporate the principles of local wisdom into their content. This socio-legal investigation study integrates empirical legal research methods with doctrinal legal research. Primary and secondary data were gathered through interviews and literature reviews. The study results suggest that the legal protection provided to micro and small enterprise owners in Maluku has been ineffective. In addition, the legal content of regional legal products in Maluku fails to adequately account for value derived from local wisdom, as required by statutory provisions. Thus, it is necessary to reconsider incorporating values from local wisdom into various regional legal instruments related to developing and empowering micro and small enterprises in Maluku. This approach will support regional flagship products while facilitate the growth within the local economy, preserving the values of local wisdom in the face of global developments.
Legal Status of Execution of Liability Auction Winner through Parate Executie Hetharie, Yosia
Damhil Law Journal Volume 3 Issue 2 2023
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56591/dlj.v3i2.1939

Abstract

This study aims to analyses the execution of mortgage rights, namely executorial title, parate executie, and underhand execution. Parate executie is carried out by the holder of the first mortgage right if the debtor defaults through the State Property and Auction Service Office. The provisions and procedures for conducting an auction are regulated in the Regulation of the Minister of Finance Number 213/PMK.06/2020 Concerning Instructions for Conducting Auctions. However, in practice there are still many problems or conflicts and many obstacles that occur. For example, there is no legal certainty for auction winners who have good intentions because they cannot immediately obtain their rights legally and materially. The type of research used in this study is normative juridical research which is descriptive analytical using a qualitative approach. The sources of legal materials used are primary legal materials, secondary legal materials and tertiary legal materials through library research. Based on the research results, the Auction Winner as a buyer in good faith has a position as the right holder of the auction object both formally and physically as a mortgage object. Therefore, the winner of the auction with good faith is entitled to all of his rights both in terms of formal juridical evidence and the physical object of the mortgage object. In this position, the State Wealth and Auction Service Office has the responsibility of examining all sales conditions and fulfilling all stages and appointing an auction official as the executor of the sale so that as long as the requirements and processes are carried out according to the instructions for conducting the auction.
Strengthening and Utilizing Original Tanimbar Woven Fabric as a Form of Preservation of Traditional Cultural Expression Balik, Agustina; Hetharie, Yosia
SASI Volume 28 Issue 1, March 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v28i1.678

Abstract

Introduction: The strengthening, utilization and preservation of EBT as an object of intellectual property rights produced by indigenous peoples or traditional communities is an interesting issue to study, one of which is the Tanimbar Weaving Fabric which is a form of intellectual work of the Tanimbar community.Purposes of the Research: The purpose of this study is to find out what the philosophical meaning and value of Tanimbar woven fabrics are as a form of traditional cultural expression and how the forms of strengthening and utilization of Tanimbar woven fabrics are as traditional cultural expressions.Methods of the Research: The research method used is normative legal research, using a statutory approach and a conceptual approach by examining various legal rules which are then linked to the reality that occurs in society. The legal materials used in this study are primary legal materials in the form of Copyright Law, while secondary legal materials in the form of books, legal journals related to the issues studied. The technique of collecting legal materials is done through a literature study that has relevance to this research. The legal materials collected were analyzed using qualitative analysis techniques to answer the problems in this research.Results of the Research: The original Tanimbar woven fabric has philosophical meaning and value for the Tanimbar community through the woven fabric motif. Each of these Tanimbar woven motifs has deep philosophical meanings and values regarding the life of the people and the environment of the Tanimbar people. Strengthening and Utilization of Tanimbar's original woven fabrics spun from cotton threads is increasingly being eroded by technological developments. The Tanimbar people no longer weave using cotton but have replaced it with shop yarn. In fact, the cultural heritage of Tanimbar woven fabrics inherited from their ancestors is the spinning of cotton threads, the results of which are very unique, have high economic value and are sought after by tourists and collectors of traditional fabrics. The government of the Tanimbar Islands Regency has not been able to provide protection, strengthening and utilization of the original Tanimbar woven fabrics.
Co-Authors Akyuwen, Rory Jeff Balik, Agustina Berlianty, Teng Ema Rahmawati Hetharie, Yared Isis Ikhwansyah Kuahaty, Sarah Selfina Lainsamputty, Natanel Novyta Uktolseja Soplantila, Ronny Soplantila, Valentino Dinatra Tjoanda, Merry