Articles
<![CDATA[Pembatalan Sepihak Oleh Penjual Dalam Perjanjian Jual Beli Online ]]>
<![CDATA[Lasut, Tesalonica Heavenly]]>;
<![CDATA[Akyuwen, Rory Jeff]]>;
<![CDATA[Kuahaty, Sarah Selfina]]>
<![CDATA[ TATOHI: Jurnal Ilmu Hukum Vol 4, No 7 (2024): Volume 4 Nomor 7, September 2024 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.47268/tatohi.v4i7.2463
<![CDATA[Introduction: At first, the community carried out conventional buying and selling transactions where the sellers and buyers met face to face. However, with the very rapid development of technology, modern society is more inclined to carry out buying and selling transactions online without face-to-face meetings. This has a positive but also negative impact due to the fact that what is happening with the development of online buying and selling transactions triggers the emergence of unscrupulous people who take advantage of this situation. Among them are related to the seller who sometimes terminates the agreement by unilaterally canceling the buyer who has made a payment transaction for an item or product being traded.Purposes of the Research: The purpose of this study is to find out and examine whether the unilateral cancellation by the seller is an act of default and what are the legal remedies against the buyer who is harmed by the seller's unilateral cancellationMethods of the Research: This research is a normative juridical. The approach used in this research is the statute approach and the conceptual approach. The sources of legal materials are primary, secondary and tertiary where the collection of legal materials is carried out using library research. Furthermore, it is analyzed qualitatively by processing, analyzing and constructing the results as a whole so that in the end it can answer the problems studied.Results of the Research: The results of this study indicate that the cancellation of online buying and selling agreements unilaterally by the seller against the buyer is an act of default because the seller does not have the effort to fulfill the achievements or obligations that should be carried out in accordance with the rules in force in Article 7 of Law Number 8 of 1999 concerning Consumer Protection where the seller do not fulfill their achievements at all and are declared negligent in fulfilling their achievements. The process of resolving consumer disputes can be resolved through two channels, namely through litigation with lawsuits to court and non-litigation through the Consumer Dispute Settlement Agency (known as BPSK) through conciliation, mediation or arbitration and the Non-Governmental Consumer Protection Agency (known as LPKSM).]]>
<![CDATA[Penggunaan Perjanjian Tidak Tertulis Dalam Hubungan Kegiatan Bisnis ]]>
<![CDATA[La Madi, Yuliana]]>;
<![CDATA[Kuahaty, Sarah Selfina]]>;
<![CDATA[Pariela, Marselo Valentino Geovani]]>
<![CDATA[ TATOHI: Jurnal Ilmu Hukum Vol 4, No 9 (2024): Volume 4 Nomor 9, November 2024 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.47268/tatohi.v4i9.2494
<![CDATA[Introduction: Article 1320 of the Civil Code, there is no provision requiring a written agreement as a condition for the validity of the agreement, in other words, oral agreements still have legal validity. Based on the concept of pacta sunt servanda which mandates that agreements must be obeyed. It can be seen in the case of compensation for fees for the ADB IPA procurement project between H. Mubin Raja Dewa as the plaintiff and Karlan A. Manessa in Palu City, various methods were used by the plaintiff to resolve the problem but the defendant did not show good faith.Purposes of the Research: As a result, the plaintiff filed a lawsuit demanding an unconditional refund. To find out and explain the legal consequences of using unwritten agreements in business relationships and to find out the form of responsibility of the parties for losses incurred as a result of the use of unwritten agreements in business relationships.Methods of the Research: The legal research method used for this research is based on primary, secondary and tertiary legal materials, and uses a statutory approach, a conceptual approach and a case approach.Results of the Research: The research results in this case, there are three forms of legal consequences, namely the emergence of a legal situation through an event which is alleged to be a legal act, the emergence of a legal relationship between two or more people and a legal entity, thirdly the emergence of sanctions if there is an action that is contrary to the law and based on the action. what has been done by Karlan A. Manessa must take individual responsibility for the violations he himself committed by paying compensation for the plaintiff's losses]]>
<![CDATA[Perlindungan Hukum Netflix Atas Penjualan Akun Premium Di Media Sosial ]]>
<![CDATA[Latulola, Veldha Arabella]]>;
<![CDATA[Kuahaty, Sarah Selfina]]>;
<![CDATA[Pesulima, Theresia Louize]]>
<![CDATA[ PATTIMURA Legal Journal Vol 3 No 1 (2024): April 2024 PATTIMURA Legal Journal ]]>
Publisher : <![CDATA[Postgraduate Program Doctoral in Law, Universitas Pattimura ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.47268/pela.v3i1.13261
<![CDATA[Introduction: Netflix application as a copyrighted work that is protected in Law Number 28 of 2014 concerning Copyright. Article 9 Paragraph (1) point b and e regulates that the duplication of creation in all its forms and the distribution of creation or copies thereof are the rights of the creator, but in the development of the digital world today Netflix premium accounts are often offered not by Netflix for sale. Purposes of the Research: Analyze Netflix's legal protection of selling premium accounts on social media. Methods of the Research: The research method used is Normative Juridical, the research approach uses a statutory approach and a conceptual approach. The source of legal materials is in the form of premier legal materials, secondary legal materials and tertiary legal materials. The technique of collecting legal materials in this study through literature studies, then analyzed qualitatively. Results of the Research: As a result of this research, the sale of Netflix premium accounts through social media is an infringement of copyright. The form of legal protection that can be taken by Netflix is in the form of preventive legal protection and repressive legal protection. Preventive legal protection is contained in Article 54 of Law Number 28 of 2014 concerning Copyright and in the form of a complaint column on the Netflix website for reporting copyright infringement provided by the Netflix Application. Meanwhile, repressive legal protection is contained in Article 55 of Law Number 28 of 2014 concerning Copyright. Legal efforts taken by the Netflix application with the settlement of litigation in the form of a lawsuit for compensation and a report on the closure of content or rights.]]>
<![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 ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
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[Legal Protection of Billing Agency Workers ]]>
<![CDATA[Radjawane, Jemy Marvel]]>;
<![CDATA[Tjiptabudy, Jantje]]>;
<![CDATA[Kuahaty, Sarah Selfina]]>
<![CDATA[ TATOHI: Jurnal Ilmu Hukum Volume 4 Issue 11, January 2025 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.47268/tatohi.v4i11.2844
<![CDATA[Introduction: Humans as social creatures need help from other humans in living their daily lives. Because, there are things that humans cannot do without the help of other people. Apart from this, humans in their lives also have 3 (three) basic needs, namely: primary, secondary and tertiary needs. Facing these needs, both humans and companies always want to fulfill them all because they basically want to live a decent life and always have enough. To be able to meet these needs, what often happens is that people and companies do not buy goods in cash but rather in installments or on credit.Purposes of the Research: Can a collection agency be said to be an employee? and what is the form of legal protection for collection agencies that take motor vehicles that are objects of credit guarantee.Methods of the Research: The research method used is a normative or literature legal research method.Results of the Research: The legal relationship between the debt collector and the debtor, namely the Billing Agency in doing its work acts as a lessor based on a power of attorney. The legal basis for the Billing Agency in carrying out its duties is carried out based on the granting of power of attorney from the lessor to the Billing Agency as stipulated in Article 1792 and Article 1795 of the Civil Code regarding special power of attorney.]]>
<![CDATA[Acceleration of Land Rights Certification Through Settlement of Land Tax Obligations ]]>
<![CDATA[Sinaga, Roulinta Yesvery]]>;
<![CDATA[Kuahaty, Sarah Selfina]]>;
<![CDATA[Sihite, Sri Rumada]]>;
<![CDATA[Dyastuti, Risqi Mumpuni]]>
<![CDATA[ Batulis Civil Law Review Vol 6, No 1 (2025): VOLUME 6 ISSUE 1, MARCH 2025 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.47268/ballrev.v6i1.2381
<![CDATA[Introduction: The Complete Systematic Land Registration Program (SLRP) is a government effort to evenly accelerate the provision of land certificates to the Community. Although the certificate is given free of charge, participants are still obliged to pay Income Tax and Land and Building Acquisition fees (BAT). For participants who cannot pay, a mechanism is provided in the form of a tax debt statement. The challenges include minimal socialization, weak institutional coordination, and administrative obstacles. Therefore, there is a need to simplify procedures and more effective tax education.Purposes of the Research: This study aims to examine the problem of what obstacles are faced by the parties responsible for the settlement of income tax and for land rights applicants, namely building acquisition tax (BAT) in the complete systematic land registration program (SLRP), and analyze how to optimize the settlement of Income Tax and BAT to utilize the land certificates made optimally.Methods of the Research: The research method is an empirical legal method with a qualitative legal approach.Results Main Findings of the Research: The results of this study found obstacles in SLRP, namely the absence of clear and consistent regulations regarding the payment of Income Tax and BAT in the Central Maluku region, the need for increased communication between the Central Maluku Regency Land Office and the Central Maluku Regency Government, and the improvement of apparent socialization regarding Taxes to the Community. Meanwhile, several stages can be carried out to optimize land certificates regarding settlements related to income tax and BAT taxes. Namely, the initial step is to form a team to conduct data collection on applicants for rights that are still owed and to conduct socialization and coordination with other agencies, such as the authorities in collecting Income Tax and BAT taxes owed, to make efforts to jointly seek solutions in optimizing the complete systematic land registration program (SLRP).]]>
<![CDATA[Settlement of Marital Problems By Using The Traditional Institutions of Married Brothers ]]>
<![CDATA[Latupono, Barzah]]>;
<![CDATA[Kuahaty, Sarah Selfina]]>;
<![CDATA[Pesulima, Theresia Louize]]>
<![CDATA[ SASI Volume 29 Issue 2, June 2023 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.47268/sasi.v29i2.1348
<![CDATA[Introduction: Many marital problems arise in the household so that many households end their marriages in court, but settlement in court faces many obstacles due to the accumulation of unresolved marriage cases.Purposes of the Research: To find out and analyze the settlement of marital disputes using the customary institutions of married brothers in Central Maluku district.Methods of the Research: This research was conducted using an empirical juridical approach which is a descriptive study of qualitative analysis. This research attempts to describe the settlement of marital problems by using the traditional marriage system in Haruku Island District, Central Maluku Regency.Results of the Research: The results of the study show that the settlement of marriages using the customary institution of married brothers in the Haruku Island sub-district is very beneficial for husbands and wives who have problems in their marriage which can be resolved by their married relatives, both world problems and their afterlife problems that exist in their married life so that no longer are settlement issues settled in court.]]>
<![CDATA[Tanggung Jawab Hukum Pelaku Usaha Terhadap Sistem Bundling Dalam Jual Beli ]]>
<![CDATA[Kania, Victoria]]>;
<![CDATA[Kuahaty, Sarah Selfina]]>;
<![CDATA[Pariela, Marselo Valentino Giovani]]>
<![CDATA[ PATTIMURA Law Study Review Vol 3 No 1 (2025): April 2025 PATTIMURA Law Study Review ]]>
Publisher : <![CDATA[Faculty of Law Universitas Pattimura ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.47268/palasrev.v3i1.19709
<![CDATA[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.]]>
<![CDATA[Sewa Menyewa Kendaraan Bermotor Yang Masih Menjadi Objek Jaminan Fidusia ]]>
<![CDATA[Pattiikawa, Janles Piero]]>;
<![CDATA[Akyuwen, Rory Jeff]]>;
<![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 ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.47268/palasrev.v3i1.19713
<![CDATA[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.]]>
<![CDATA[Tanggung Jawab Pemberi Kerja Atas Kewajiban Menyediakan Transportasi Bagi Pekerja ]]>
<![CDATA[Efendi, Vadila]]>;
<![CDATA[Kuahaty, Sarah Selfina]]>;
<![CDATA[Fataruba, Sabri]]>
<![CDATA[ PATTIMURA Law Study Review Vol 3 No 1 (2025): April 2025 PATTIMURA Law Study Review ]]>
Publisher : <![CDATA[Faculty of Law Universitas Pattimura ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.47268/palasrev.v3i1.19714
<![CDATA[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.]]>
