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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum Jurnal Ilmiah Dunia Hukum Batulis Civil Law Review TATOHI: Jurnal Ilmu Hukum PAMALI: Pattimura Magister Law Review AIWADTHU: Jurnal Pengabdian Hukum PATTIMURA Legal Journal LUTUR Law Journal PATTIMURA Law Study Review SASI CAPITAN: Constitutional Law & Administrative Law Review KANJOLI Business Law Review
Kuahaty, Sarah Selfina
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Law, Crime, Criminology & Criminal Justice

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Membangun Kesadaran Hukum Untuk Melawan Intoleransi Berdampak Bullying Sinaga, Roulinta Yesvery; Kuahaty, Sarah Selfina; Dyastuti, Risqi Mumpuni
AIWADTHU: Jurnal Pengabdian Hukum Volume 4 Nomor 2, Juli 2024
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/aiwadthu.v4i2.2287

Abstract

Introduction: Legal awareness among teenagers remains low, causing a lack of understanding about the legal consequences of bullying. Bullying often stems from intolerance towards cultural, religious, and gender differences, which can lead to physical and verbal violence in educational settings. Therefore, legal socialization is necessary to prevent intolerance from resulting in bullying and to improve the quality of education.Purposes of Devotion: This community service aims to enhance legal awareness and tolerance among students at SMP Negeri 7 Ambon to prevent bullying and create a safe and inclusive school environment. Method of Devotion: The legal socialization activity at SMP Negeri 7 Ambon involves lectures by the presenter, interspersed with interactive games to increase student engagement. After the presentation, a Q&A session is held, concluding with the writing and recitation of personal commitments to reject bullying and prioritize tolerance in daily life.Results of the Devotion: The activity led to an increased understanding among students about intolerance and bullying and their impacts. Students learned about the differences between intolerance and bullying and the importance of legal awareness. Through lectures, interactive games, Q&A, and personal commitments, students gained a better understanding of how to avoid intolerance and bullying and how to report such cases. This education reinforced tolerance and provided guidance on legal protection and preventive measures.
Sosialisasi Tentang Sistem Pemerintahan Adat Yapio Patai di Elpaputih, Kabupaten Seram Bagian Barat Pietersz, Jemmy Jefry; Picauly, Benjamin Carel; Saija, Vica Jillyan Edsti; Kuahaty, Sarah Selfina
AIWADTHU: Jurnal Pengabdian Hukum Volume 4 Nomor 1, Maret 2024
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/aiwadthu.v4i1.1937

Abstract

Introduction: On Seram Island, there is an association of customary law communities who live in groups in a certain form, known in the Wemale language as "Yapio Patai". Yapio means looking, and seeing, while Patai means fellowship. Yapio Patai is a form of customary law community association consisting of 38 families/clans. This alliance has not been regulated in the current village/state government system based on statutory regulations.Purposes of Devotion: The purpose of this article is to convey the results of socialization which is the result of previous research, that Yapio Patai can be categorized as a Fam/Clan Confederation. Method of Devotion: This activity was carried out using the method of socializing the law to the public based on the results of previous research by the team, which was carried out empirically.Results of the Devotion: The results of the service show that Yapio Patai is still accepted by the people of the Yapio Patai alliance as a form of traditional government that continues to live and function amid the alliance. The existence of Yapio Patai is a fam/clan confederation consisting of 38 fam/clans, which still exist even though they are spread across 7 hamlets or villages.
Wanprestasi Pelaku Usaha Atas Hadiah Dalam Jual Beli Online Rajalabis, Madeline A; Laturette, Adonia Ivonne; 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.v2i1.13777

Abstract

ABSTRACT: Default is an act that violates an agreement between two parties. If neither party is able to fulfill its obligations arising from the existing contract, such action may be considered a breach of contract. This is regulated in Law Number 8 of 1999 concerning Consumer Protection and Law Number 11 of 2008 concerning Electronic Information and Transactions. The research method used in this research is normative research carried out using a statutory approach and a conceptual approach. The sources of legal materials used are primary, secondary and tertiary legal materials. The technique for collecting legal materials in this research is by reading and reviewing various kinds of literature related to the research problem and directly related to the problem being studied. Based on the results of this research, consumers have the right to claim losses in buying and selling transactions for the promised gifts which are not fulfilled, so consumers have the right to make a claim for the promised gifts, because the promised gifts did not reach the buyers. Forms of legal protection for buyers against default are divided into two. Namely, preventive and repressive
Pelanggaran Hak Cipta Karya Cipta Lagu Atau Musik Yang Dibawakan Oleh Ovent Organizer Untuk Kepentingan Komersial Yambormias, Merlinda Tabita; Kuahaty, Sarah Selfina; Balik, Agustina
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.v2i1.13780

Abstract

ABSTRACT: Copyright violations of songs or musical works often occur. In fact, songs or music really provide benefits to humans, but creators or copyright holders of songs or music have to take great pains to obtain their rights because many ordinary people, especially business actors, namely event organizers, use songs or music without permission commercially. Based on Article 9 of Law Number 28 of 2014 concerning Copyright, it can be seen that every person is prohibited from publishing works, duplicating works in all forms, translating works, adapting, arranging or transforming works, distributing works or copies thereof, performing works, announcing works, communication of works, and rental of works and it is prohibited to exercise economic rights without the permission of the creator or copyright holder and it is prohibited to carry out commercial performances of works. This research is normative juridical research carried out using a statutory approach and a conceptual approach. The sources of legal materials used are primary legal materials, secondary legal materials and tertiary legal materials. The legal material collection technique used in this research was literature surveillance, and finally analyzed using qualitative methods. Based on the research results, legal protection for copyrighted works of songs or music is regulated in Law Number 28 of 2014 concerning Copyright, which protects the creator or copyright holder of songs or music. Song or music copyrighted works that are used by the Event Organizer for commercial purposes by the act of performing song or music copyrighted works without permission from the creator or copyright holder, are referred to as copyright infringement by violating economic rights. Legal protection for the creator or copyright holder of songs or music used by the Event Organizer for commercial purposes is for the creator or copyright holder of the song or music to collaborate with one of the LMKs so that a song or music copyrighted work can be legally protected and obtain economic rights, because if someone does not register as a member, economic rights cannot be granted until that person registers as a member of LMK.
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.
Penerapan Sistem Perjanjian Kerja Waktu Tertentu Dalam Perspektif Hukum Positif Indonesia Ilela, Yudith; Laturette, Adonia Ivonne; Kuahaty, Sarah Selfina
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.v4i2.2144

Abstract

Introduction: Indonesia, as a country under the rule of law, upholds the principle of equality before the law. This principle is also applied in the freedom to contract, which requires a valid agreement to meet four conditions: agreement, competency, specific object, and lawful cause. The Fixed-Term Employment Agreement is a form of employment relationship between employers and workers that suffers from shortcomings in its implementation. Many employers do not understand the rules, leading to deviations in practice.Purposes of the Research:  The aim of this research is to examine and analyze the implementation of the Fixed-Term Employment Agreement system from the perspective of positive law in Indonesia.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) and conceptual approach (conceptual 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: Based on the research results, it is shown that the protection of workers in Fixed-Term Employment Agreements  is not optimal in its implementation due to frequent violations. This is attributed to the unclear regulations regarding the application of The Fixed-Term Employment Agreement, particularly concerning types of work that are one-time, temporary, seasonal, or related to new products. Furthermore, the lack of government supervision in the The Fixed-Term Employment Agreement creation process enables employers to easily violate regulations without legal repercussions.
Sosialisasi Hukum Tentang Hak-Hak Keperdataan Masyarakat Yang Timbul Dari Perkawinan Dan Perjanjian Pietersz, Jemmy Jefry; Latupono, Barzah; Kuahaty, Sarah Selfina
AIWADTHU: Jurnal Pengabdian Hukum Volume 4 Nomor 3, November 2024
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/aiwadthu.v4i3.2399

Abstract

Introduction: Society as a legal subject has civil rights in legal interactions within the community. These civil rights come in many forms, and the socialization carried out includes marriage rights and contract rights. Therefore, legal socialization is necessary to provide enlightenment regarding civil rights.Purposes of Devotion: The purpose of this community service is to transform information and legal knowledge related to civil rights of the community.Method of Devotion: The outreach activities are carried out by conveying a) information and legal knowledge; b) dissemination of marriage law; and c) dissemination of contract law.Results of the Devotion: Increased public understanding of rights arising from civil law relationships, particularly marriage and contract. The community obtains information from the aspect of marriage law regarding the requirements of marriage, rights and obligations within marriage, and the legal consequences of marriage. From the aspect of contract law regarding the validity of unwritten contracts that are often made by the community and their legal consequences. This legal education is expected to provide guidance on legal protection and preventive measures.
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.
Wanprestasi Dalam Perjanjian Bagi Hasil Perkebunan Pala Di Negeri Morella Maluku Tengah Mony, Zulfikar; Akyuwen, Rory Jef; 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.v2i2.16085

Abstract

Law Number 2 of 1960 which regulates Production Sharing Agreements, that: (1) So that the distribution of land results between owners and cultivators is carried out on the basis of justice; (2) By emphasizing the rights and obligations of owners and cultivators to guarantee proper legal status for cultivators, in the agreement on sharing the results of nutmeg plantations in Morella, Central Maluku, where the plantation owner with the initials Fadli Mony and the farmer with the initials Rizki Mony made an agreement in which the owner The plantation makes an agreement with the cultivator to cultivate the nutmeg and the plantation owner promises to share the results of his cultivation, which in the agreement, the plantation owner promises to share 100%, where the plantation owner gets 50% and the cultivator gets 50% but when the cultivator has cultivating nutmeg and it has been sold, it turns out that the plantation owner violated the agreement where the plantation owner only gave 30% to the cultivator who cultivated and sold the nutmeg produce. This research method uses normative research with a legal and conceptual approach as the research methodology. These primary and secondary legal materials are used. Reading and reviewing various types of literature related to the research problem or directly related to the problem being researched is a good technique for collecting and analyzing legal materials in this research. Based on the results of this research, in the case of nutmeg plantation cultivators and plantation owners, they tend to choose deliberation rather than going to court because they prioritize good relations.
Co-Authors Akyuwen, Rory Jef Akyuwen, Rory Jeff Andrean, Paulus Balik, Agustina Berlianty, Teng Dyastuti, Risqi Mumpuni Efendi, Vadila Fataruba, Sabri Hetharie, Yosia Ilela, Yudith Jantje Tjiptabudy Jose, Palti Josua Kania, Victoria La Madi, Yuliana Labobar, Navtaly Duestyn Laisina, Steven Lasut, Tesalonica Heavenly Latulola, Veldha Arabella Latupono, Barzah Laturette, Adonia Ivonne Litaay, Elsina Agustina Minely Litaay Mahrita Aprilya Lakburlawal, Mahrita Aprilya Mahulette, Muhammad Syamsudin Mony, Zulfikar Mual, Dedi Murahman, Farhan Nirahua, Sabrina Daniella Ode, Anisa Pamungkas, Putra Pariela, Marselo Valentino Geovani Pariela, Marselo Valentino Giovani Pattiikawa, Janles Piero Pattipawae, Dezonda Rosiana Pesulima, Theresia Louize Picauly, Benjamin Carel Pietersz, Jemmy Jefry Radjawane, Jemy Marvel Rajalabis, Madeline A Sari, Puput Novita SIHITE, SRI RUMADA Sinaga, Roulinta Y Sinaga, Roulinta Yesvery Sopamena, Siska Vilonia Indah Sunaryo, Hanavia Rahma Tjiptabudi, Jantje Tjoanda, Merry Tupamahu, Cheryl Nathania Utama, Eka Satya Kartika Vica Jillyan Edsti Saija Yambormias, Merlinda Tabita