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<![CDATA[Tanggung Jawab Penjual Atas Tindakan Wanprestasi Dalam Jual-Beli Diamond Game Online Mobile Legends ]]>
<![CDATA[Pamungkas, Putra]]>;
<![CDATA[Berlianty, Teng]]>;
<![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 ]]>
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DOI: 10.47268/palasrev.v3i1.19719
<![CDATA[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).]]>
<![CDATA[Kedudukan Pengemudi Ojek Sebagai Mitra Kerja Dalam Perjanjian Pengangkutan Berbasis Aplikasi ]]>
<![CDATA[Laisina, Steven]]>;
<![CDATA[Kuahaty, Sarah Selfina]]>;
<![CDATA[Lakburlawal, Mahrita Aprilya]]>
<![CDATA[ PATTIMURA Law Study Review Vol 3 No 1 (2025): April 2025 PATTIMURA Law Study Review ]]>
Publisher : <![CDATA[Faculty of Law Universitas Pattimura ]]>
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DOI: 10.47268/palasrev.v3i1.19725
<![CDATA[Application-based public transportation is a concept where public transportation services such as taxis, car sharing, or other public transportation are integrated and operated using application technology, especially mobile applications. Application-based public transportation is an innovation that brings many benefits to the community, both in terms of ease of access to transportation, increased security, and cost efficiency. The Partnership Agreement between the driver and the application company is referred to as a partnership agreement. The responsibility of the driver is adjusted to the losses of the consumer, Article 234 paragraph (1) of Law Number 22 of 2009 concerning Traffic and Road Transportation states that "drivers, motor vehicle owners, and/or public transportation companies are responsible for losses suffered by passengers and/or owners of goods and/or third parties due to driver negligence, This study shows that the position of application-based motorcycle taxi drivers as partners in transportation agreements has various legal and practical implications. Although this partnership offers flexibility and economic opportunities, there are challenges that must be faced regarding legal protection and driver welfare. Clear regulations and adequate protection are needed to ensure that application-based motorcycle taxi drivers can work safely and prosperously. Thus, the role of drivers as partners in transportation agreements can be optimized for the benefit of all parties involved. The responsibility of the driver is adjusted to the loss of the consumer. The creators and managers of the Maxim application help in the form of compensation that has been explained in the terms and conditions of Maxim in the responsibility regulations, the essence of which is that Maxim cares about the safety of application users by providing compensation according to the losses suffered by passengers.]]>
<![CDATA[Consumer Protection in the Use of Traveloka Paylater ]]>
<![CDATA[Litaay, Elsina Agustina Minely Litaay]]>;
<![CDATA[Tjoanda, Merry]]>;
<![CDATA[Kuahaty, Sarah Selfina]]>
<![CDATA[ PAMALI: Pattimura Magister Law Review Vol 5, No 2 (2025): JULY ]]>
Publisher : <![CDATA[Postgraduate Program in Law, Pattimura University ]]>
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DOI: 10.47268/pamali.v5i2.2135
<![CDATA[Introduction: In the current era of economic globalization, the growth of the business world requires balanced support between consumer protection and business actors, especially in the context of technology that is increasingly developing, one of which is financial technology.Purposes of the Research: The research aims to analyze and discuss the legal protection that consumers get in the use of Traveloka Paylater as well as to examine and analyze the liability of Traveloka Paylater if consumers are harmed in the use of paylater.Methods of the Research: The research method used is with the type of normative legal research and the research approach of legal concept analysis with the Library Research collection technique.Results Main Findings of the Research: The findings of the study show that the Form of Legal Protection for consumers who use traveloka paylater is carried out through the provision of Information and Consumer Protection through the provision of Clear and Comprehensive Terms and Conditions, making a Refund and Transaction Cancellation Policy as a Form of Consumer Protection in the face of unwanted or problematic situations, a Fair and Transparent Dispute Resolution Mechanism is a means of legal protection that important to consumers. Traveloka's liability if consumers are harmed in the use of paylater is strict liability. Traveloka in this case has an obligation to be responsible through compensation to consumers This refers to the principle of absolute liability (Strict Liability), which no longer questions about whether or not there is a fault, but business actors are directly responsible for the losses experienced by consumers.]]>
<![CDATA[Vaksin Covid-19 Sebagai Karya Paten Dalam TRIPs Agreement ]]>
<![CDATA[Jose, Palti Josua]]>;
<![CDATA[Berlianty, Teng]]>;
<![CDATA[Kuahaty, Sarah Selfina]]>
<![CDATA[ KANJOLI Business Law Review Vol 1 No 1 (2023): Juni 2023 KANJOLI Business Law Review ]]>
Publisher : <![CDATA[Pusat Kajian Hukum Bisnis Fakultas Hukum Universitas Pattimura ]]>
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DOI: 10.47268/kanjoli.v1i1.9911
<![CDATA[The Covid-19 pandemic is a Public Health Emergency, a challenge for developing and underdeveloped countries to get a Covid-19 vaccine. Patent protection that is accommodated in the TRIPS Agreement is considered burdensome for vaccine accessibility, because it has a direct impact on increasing vaccine prices, making it difficult for some countries with low per capita incomes and lagging industries to reach them. The purpose of this paper is to determine the arrangement of patent rights based on the TRIPS Agreement. The research method used in this paper is normative juridical, namely by examining library data or materials in the form of primary legal materials and secondary legal materials. Then it will be described descriptively and given a conclusion. The strict patent system and the exclusive rights of patent holders contained in the TRIPS Agreement are barriers to reaching pharmaceutical inventions. Therefore, every country needs a National Emergency Plan that can accommodate health services such as vaccines. This can be implemented using a Compulsory License or Government Use (Patent Implementation by the Government) instrument.]]>
<![CDATA[Legalitas Penjual Bahan Bakar Minyak Eceran ]]>
<![CDATA[Mahulette, Muhammad Syamsudin]]>;
<![CDATA[Akyuwen, Rory Jeff]]>;
<![CDATA[Kuahaty, Sarah Selfina]]>
<![CDATA[ KANJOLI Business Law Review Vol 1 No 2 (2023): Desember 2023 KANJOLI Business Law Review ]]>
Publisher : <![CDATA[Pusat Kajian Hukum Bisnis Fakultas Hukum Universitas Pattimura ]]>
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DOI: 10.47268/kanjoli.v1i2.11504
<![CDATA[Due to the impact of the increase in fuel prices, many motor vehicle users buy more often from retailers because it is faster and there is no need to queue even though the prices tend to be more expensive. In Article 43 to Article 53 of Government Regulation Number 36 of 2004 concerning Downstream and Natural Gas Business Activities, it is clear that this Regulation only regulates business entities, this means that those who can carry out trading activities in fuel oil are business entities, but we have encountered many In reality, many retail fuel oil sellers are carried out by individuals who are not licensed business entities. The method used in this research is Normative Juridical and in this research it prioritizes primary legal materials, secondary legal materials and tertiary legal materials. And the problem approach used is a statutory approach and a conceptual approach, then the collection of legal materials used in this research uses literature study and analysis of legal materials uses qualitative analysis.The results of this research show that the validity of the sale and purchase agreement for fuel oil between the gas station and the retailer is invalid if the retailer is not a business entity and has a permit from the Investment and One-Stop Integrated Services Service because one of the valid conditions for the sale and purchase agreement is an analogous skill requirement. as the authorized party to carry out the sale and purchase of retail fuel oil, this results in an invalid sale and purchase in the eyes of the law because it does not fulfill all the legal requirements for a sale and purchase agreement in Article 1320 of the Civil Code. And the legal consequences resulting from buying and selling retail fuel oil for business actors who do not meet the requirements are administrative sanctions such as revocation of business permits and also criminal sanctions as regulated in Article 55 of Law Number 22 of 2001 concerning Oil and Natural Gas.]]>
<![CDATA[Prudent Principle Dalam Penyaluran Kredit Pada Layanan Digital Perbankan ]]>
<![CDATA[Sopamena, Siska Vilonia Indah]]>;
<![CDATA[Tjoanda, Merry]]>;
<![CDATA[Kuahaty, Sarah Selfina]]>
<![CDATA[ KANJOLI Business Law Review Vol 2 No 1 (2024): Juni 2024 KANJOLI Business Law Review ]]>
Publisher : <![CDATA[Pusat Kajian Hukum Bisnis Fakultas Hukum Universitas Pattimura ]]>
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DOI: 10.47268/kanjoli.v2i1.13262
<![CDATA[In credit distribution carried out through digital banking services, approval of credit applications and data verification are processed more quickly than if done conventionally. This gives rise to the implication that the prudent principle for providing credit or other financing has not been fully implemented and could result in losses for the bank and the Debtor Customer if it continues if the prudent principle is not implemented properly. The aim of this research is to review and discuss the application of the Prudent Principle in the procedure of acquiring credit through digital banking services as well as whether the digital procedure to acquire credit could provide protection for the parties. The legal research method used for this research is based on primary, secondary, and tertiary legal materials, and uses a statutory approach and a conceptual approach. The results of the research show that the prudent principle must be implemented effectively to determine whether the prospective Debtor Customer can be trusted and is able to make payments so that both parties do not experience losses. How quickly the approval of credit applications made through digital banking services shows that the implementation of prudent principles has not been implemented properly when compared to credit applications made conventionally. Legal protection for the parties involved can be implemented by using relevant laws and regulations as a form of preventive legal protection. There is also repressive legal protection in the form of alternative dispute resolution or through civil lawsuits in court.]]>
<![CDATA[Pemenuhan Hak Ekonomi Pencipta Atas Karya Koreografi Dalam Kegiatan Komersil ]]>
<![CDATA[Labobar, Navtaly Duestyn]]>;
<![CDATA[Kuahaty, Sarah Selfina]]>;
<![CDATA[Pariela, Marselo Valentino Geovani]]>
<![CDATA[ KANJOLI Business Law Review Vol 2 No 2 (2024): Desember 2024 KANJOLI Business Law Review ]]>
Publisher : <![CDATA[Pusat Kajian Hukum Bisnis Fakultas Hukum Universitas Pattimura ]]>
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DOI: 10.47268/kanjoli.v2i2.14447
<![CDATA[In credit distribution carried out through digital banking services, approval of credit applications and data verification are The benefits derived from creating choreographic works include economic rights in the form of royalties. However, it is often the case that many copyright users use choreographers’ works for commercial performances without permission and without paying royalties. According to Article 9 of Law Number 28 of 2014 on Copyright, economic rights are the exclusive rights of the creator that arise from their own works. Therefore, the creator of choreographic works is entitled to receive economic rights in the form of royalties. If other parties use the copyrighted work without permission and do not pay the stipulated royalties, it constitutes an unlawful act. This study is a normative juridical research using statutory and conceptual approaches. The legal materials used are primary, secondary, and tertiary legal materials. The results of this study can be concluded that legal protection is necessary for copyright holders to ensure the fulfillment of their economic rights in the form of royalties and to provide legal protection for choreographic creators whose works are used by other parties in commercial activities, as well as the procedures to obtain economic rights in the form of royalties for the creators.]]>
<![CDATA[Tanggung Jawab Pelaku Usaha Skincare Atas Tindakan Penjualan Dibawah Harga Pasar ]]>
<![CDATA[Ode, Anisa]]>;
<![CDATA[Tjoanda, Merry]]>;
<![CDATA[Kuahaty, Sarah Selfina]]>
<![CDATA[ KANJOLI Business Law Review Vol 3 No 1 (2025): Juni 2025 KANJOLI Business Law Review ]]>
Publisher : <![CDATA[Pusat Kajian Hukum Bisnis Fakultas Hukum Universitas Pattimura ]]>
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DOI: 10.47268/kanjoli.v3i1.19623
<![CDATA[Pricing strategy plays an important role in determining a company's position in the market. One example of an act of selling below market price. Article 20 of Law Number 5 of 1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition, stipulates that "Business actors are prohibited from supplying goods and/or services by selling at a loss or setting very low prices with the intention of eliminating or ensuring the business of their competitors in the relevant market so that it can result in monopolistic practices and/or unfair business competition". One example of a case is an HM influencer and skincare business actor HBC (Hanum Beauty Care), selling products below market price, where this action is detrimental to resellers. This research is normative juridical using a statutory approach and a conceptual approach. The legal materials used are primary, secondary, and tertiary legal materials. The results of the study show that HM has good intentions objectively and uses the principle of responsibility based on the element of error. Based on the act of selling below market price carried out by HM, HM can be held accountable along with payment of compensation when the reseller can prove that the action caused him a loss. Dispute resolution is done through mediation as a non-litigation solution that is more flexible and beneficial to all parties. If no agreement is reached, formal legal channels through KPPU or civil lawsuits can be an alternative to uphold healthy business competition.]]>
<![CDATA[Optimization of Land Certificates Through Tax Settlement in the PTSL Program in Central Maluku ]]>
<![CDATA[Sinaga, Roulinta Y]]>;
<![CDATA[Kuahaty, Sarah Selfina]]>;
<![CDATA[Sihite, Sri Rumada]]>;
<![CDATA[Dyastuti, Risqi Mumpuni]]>;
<![CDATA[Berlianty, Teng]]>
<![CDATA[ Jurnal Ilmiah Dunia Hukum VOLUME 10 ISSUE 1 OCTOBER 2025 ]]>
Publisher : <![CDATA[PDIH Untag Semarang ]]>
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DOI: 10.56444/jidh.v0i0.5897
<![CDATA[This study analyzes the effectiveness of these mechanisms in supporting land certification optimization in Central Maluku Regency. Using an empirical juridical approach, the research combines legal analysis with field data from interviews and document studies. Findings indicate that obstacles to tax settlement include unclear tax calculations, limited public understanding of taxes beyond Land and Building Tax (PBB), low-income community conditions, difficulties with online payments, and discrepancies between tax data and SPPT. Despite these challenges, PPh and BPHTB settlement can be carried out through two main mechanisms: payment at the Tax Office (KPP) or the Regional Revenue Office (Dispenda) according to applicable formulas. Once taxes are validated and registered at the land office, land certificates can be issued and utilized for economic purposes. Beyond serving as proof of ownership, land certificates can act as collateral for financing, enabling owners to improve productivity and access economic opportunities. Overall, land certification not only provides individual benefits but also contributes to economic stability and sustainable development.]]>
<![CDATA[Tanggung Jawab Pengusaha dan Bentuk Perlindungan Hukum Terhadap Pekerja yang Dipekerjakan Melebihi Jam Kerja Lembur ]]>
<![CDATA[Sunaryo, Hanavia Rahma]]>;
<![CDATA[Pattipawae, Dezonda Rosiana]]>;
<![CDATA[Kuahaty, Sarah Selfina]]>
<![CDATA[ CAPITAN: Constitutional Law & Administrative Law Review Vol 1 No 2 (2023): Desember 2023 CAPITAN: Constitutional Law & Administrative Law Review ]]>
Publisher : <![CDATA[Pusat Studi Hukum dan Pemerintahan Fakultas Hukum Universitas Pattimura ]]>
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DOI: 10.47268/capitan.v1i2.11209
<![CDATA[Employers have employed workers in excess of the overtime work hours determined by law with the aim of reaping greater profits while the rights of workers during overtime are set aside. purposes of the research analyze and discuss the responsibility of employers or employers for excess overtime hours imposed and to find out the forms of legal protection for workers employed in excess of the overtime hours prescribed by law. Methods of the research this type of research uses normative juridical methods, with qualitative processing and analysis of legal materials. Results of the research that approving an employment relationship above a deviation in overtime working hours based on laws and regulations is considered to have negated one of the elements of the employment agreement. The employer must be responsible for providing the rights of workers and bear everything that arises as a result of the actions taken. Then, to protect workers from deviations and violations of rights, legal protection is carried out through education and socialization of labor law instruments to workers and employers / employers as well as through the authority of supervisory institutions that will act to prevent and overcome labor violations.]]>
