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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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Journal : PATTIMURA Law Study Review

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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.
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.
Tanggung Jawab Hukum Pelaku Usaha Terhadap Sistem Bundling Dalam Jual Beli Kania, Victoria; Kuahaty, Sarah Selfina; Pariela, Marselo Valentino Giovani
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.v3i1.19709

Abstract

Based on Article 15 of Law Number 8 of 1999 concerning Consumer Protection; "Consumer protection is all actions and prohibitions that guarantee legal certainty for business actors, so that consumer rights can be implemented in their business as well as possible." Article 15 Paragraph 2 Number 5 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition; "Business actors are prohibited from making agreements with other parties that contain requirements that the party receiving certain goods and/or services must be willing to purchase other goods and/or services from the supplier business actor." Based on Article 15 of Law Number 8 of 1999 concerning Consumer Protection; "Consumer protection is all actions and prohibitions that guarantee legal certainty for business actors, so that consumer rights can be implemented in their business as well as possible. The method used in this study is the normative juridical legal research method. The problem approach used is a legal approach. The sources of legal materials used are primary legal materials, secondary legal materials and tertiary legal materials. The procedure for collecting legal materials in this study is a literature study. The management and analysis of legal materials use descriptive methods. The systematics used are in accordance with the guidebook "Guidelines for Writing Thesis, Faculty of Law, Pattimura University. The results of this study indicate that the Bundling practice carried out by business actors in the sale and purchase of their products has committed an unlawful act, which should in carrying out sales and purchase transactions, business actors must refer to the provisions of Article 7, Article 8 and Article 10 of the UUPK. The practice of bundling sales that is contrary to applicable legal regulations, has legal consequences which can be disputed. The legal consequences that arise are that business actors can be sued in court or resolved non-litigation to request compensation for the bundling practices carried out.
Sewa Menyewa Kendaraan Bermotor Yang Masih Menjadi Objek Jaminan Fidusia Pattiikawa, Janles Piero; Akyuwen, Rory Jeff; 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.v3i1.19713

Abstract

This article explains about motor vehicle guarantee agreement or fiduciary guarantee agreement regulated in the articles and laws applicable in cases leading to fiduciary guarantee agreement. The purpose of this article is to find out and explain what the legal consequences are in renting a vehicle that is still the object of fiduciary guarantee, and what form of responsibility the debtor is responsible for the collateral object that is rented without notification to the creditor. The type of research used is normative juridical using two research approaches consisting of a statutory approach and a conceptual approach. The results of the study explain that the legal consequences of a motor vehicle lease agreement with the object of the vehicle being used as fiduciary guarantee without written permission that is contrary to the law, then the legal consequences of the agreement are null and void because it does not meet the objective requirements and is considered to have no legal force. Actions from the form of responsibility carried out without the consent of the creditor, then the debtor is absolutely responsible. For all losses suffered by the lessee or the creditor when the lease action causes losses.
Tanggung Jawab Pemberi Kerja Atas Kewajiban Menyediakan Transportasi Bagi Pekerja Efendi, Vadila; Kuahaty, Sarah Selfina; Fataruba, Sabri
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.v3i1.19714

Abstract

As an employer or entrepreneur, Article 76 paragraph (4) of the Manpower Law states that employers are obliged to provide pick-up and drop-off transportation for female workers who go to and from work between 23.00 and 05.00. In fact, PT Indomarco Prismatama does not provide transportation for workers. Normative juridical research methods and the nature of descriptive analytical writing using a statutory approach and a conceptual approach The research results showed that: Companies or employers are individuals, entrepreneurs, legal entities, or other bodies that employ workers by paying wages or remuneration and are obliged to be responsible for realizing workers' rights, especially providing shuttle transportation for workers who work late at night between 23.00 and 05.00. PT Indomarco Prismatama as an employer is responsible for fulfilling its obligations towards workers' rights by providing transportation for workers. In fact, it was not implemented so that the company is absolutely responsible for all the consequences it causes because it does not carry out its obligations, namely providing transportation for workers. The legal consequences if PT Indomarco Prismatama does not prepare transportation for its employees, namely that the security and safety of employees is not guaranteed, can cause undesirable things and then legal consequences for the company itself, namely because the company does not comply with the law, then the company will be given sanctions, both administrative sanctions and criminal sanctions. Apart from that, as a result of this incident, the legal rules that had been established did not function or did not run optimally.
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 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