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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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Legal Framework of Micro and Small Businesses in Indonesia for Achieving Empowerment and Legal Protection Kuahaty, Sarah Selfina; Hetharie, Yosia
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 1 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i1.4063

Abstract

This research aims to identify, analyze, and discover efforts to facilitate business ease, empowerment, and protection for micro and small business operators in the Maluku Province through effective local legal regulations. Micro and small businesses play a vital role in supporting national development and enhancing the country's economy. Therefore, micro and small businesses need to be continuously developed to remain viable and competitive in the global trade arena. One of the measures to ensure the sustainability of micro and small businesses is through effective legal regulations that address various challenges faced by them. These legal regulations encompass not only national legal aspects but also local legal frameworks, including those in the Maluku Province. This research constitutes sociolegal research using primary and secondary data obtained through literature review and interviews. Based on the research findings, it is evident that the legal regulations for micro and small businesses in Maluku, both at the provincial and municipal levels, are not sufficiently effective in realizing ease of doing business, empowerment, and protection for micro and small business operators. The ineffectiveness of local legal provisions in Maluku is attributed to various issues in their content. These issues include discrepancies in regulations compared to other legal provisions, overlapping jurisdiction between the provincial and municipal governments, and even the central government's authority in regulating medium-sized businesses. Furthermore, legal gaps and unclear content lead to normative ambiguity, ultimately affecting the implementation of micro-business development and empowerment, which does not proceed smoothly.
Literacy of Contracts for the Procurement of Goods and/or Services to Village Government Officials Kuahaty, Sarah Selfina; Pesulima, Theresia Louize; Sinaga, Roulinta Yesvery
AIWADTHU: Jurnal Pengabdian Hukum Volume 5 Issue 3, November 2025
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/aiwadthu.v5i3.3386

Abstract

Introduction: The suboptimal use of village funds is due to the lack of understanding and knowledge among village government officials and Human Resources (HR) regarding proper procurement procedures, including drafting effective procurement contracts. This suggests that procurement of goods and services could potentially lead to legal issues.Purposes of The Devotion: The purpose of this community service is to transform information and legal knowledge related to the technique of Procurement of goods and/or services contract drafting from Village funds and village fund allocations.Method of The Devotion: The outreach activities are carried out by conveying counseling, discussions and training.Results Main Findings of the Devotion: Improving the understanding of staff government Sanahu village regarding contract procurement for goods and/or services is carried out to provide education on agreement law in the implementation of procurement whose funding sources come from Village Funds and Village Fund Allocations. The legal education provided is to provide an understanding of the basic concepts of agreement law, dissemination of the procedures procurement for goods and/or services in the village; and training in procurement contract drafting using simple position cases related to the procurement of office stationery for staff government Sanahu village.
Penjaminan Aset Daerah Oleh Pejabat Mual, Dedi; Tjiptabudi, Jantje; Kuahaty, Sarah Selfina
CAPITAN: Constitutional Law & Administrative Law Review Vol 3 No 2 (2025): Desember 2025 CAPITAN: Constitutional Law & Administrative Law Review
Publisher : Pusat Studi Hukum dan Pemerintahan Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/capitan.v3i2.15736

Abstract

Management of regional assets is the responsibility of regional officials. Law Number 23 of 2014 mandates regional governments to manage assets based on the principle of regional autonomy. In the case of Bupati Kepulauan Meranti, Muhammad Adil, who is suspected of mortgaging regional assets in the form of the regent's office building to a bank, Article 4 of Ministerial Regulation Number 19 of 2016 states that "Regional Owned Goods may not be mortgaged or pledged to obtain loans, nor may they be transferred to another party as payment for invoices to the regional government, and cannot be seized, in accordance with applicable regulations." The research method used is a normative legal research type with a legal approach. Legal materials used include primary, secondary, and tertiary legal materials obtained through literature study. The legal materials collected are then processed and analyzed using qualitative techniques to answer research questions. Regional officials have authority based on Law Number 32 of 2004. They can secure assets such as land, buildings, and vehicles through attribution, delegation, and mandate approaches. However, it is important to note that regional officials mortgaging regional assets, as regulated in Article 4 of Ministerial Regulation Number 19 of 2016, must be avoided to prevent violations that can result in legal and financial consequences. The Legal Consequences of Regional Asset Guarantee Actions by Officials are categorized as acts against government law because guaranteeing assets by regional officials contradicts regulations as stipulated in Ministerial Regulation No. 19 of 2016, which can lead to legal and financial consequences.
Validity of the General Meeting of Shareholders after the Expiration of the Term of Office of the Board of Directors and Board of Commissioners Nirahua, Sabrina Daniella; Kuahaty, Sarah Selfina
LUTUR Law Journal Vol 6 No 1 (2025): May 2025 LUTUR Law Journal
Publisher : Program Studi Hukum Diluar Kampus Utama Universitas Pattimura Kabupaten Maluku Barat Daya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/lutur.v6i1.22891

Abstract

..The General Meeting of Shareholders is one of the organs of the company that has other authorities where this authority cannot be given to the Board of Directors or Commissioners. The purpose of this research is to review and explain the mechanism for the implementation of the General Meeting of Shareholders by the Shareholders in ensuring the validity of the actions taken when the board of directors and the board of commissioners have ended their term of office and to review and elaborate on the binding power of the appointment of the board of directors and board of commissioners without the consent of the shareholders. The method used is normative juridical with Case Approach, Conceptual Approach, and uses primary, secondary and tertiary legal materials. The results of this study show that the mechanism for the implementation of the General Meeting of Shareholders by the Shareholders in ensuring the validity of the actions taken if the board of directors and the board of commissioners have ended their term of office, if the General Meeting of Shareholders is held wit the permission of the court, then other shareholders can attend the General Meeting of Shareholders aforementioned. Then the appointment of the board of directors and the board of commissioners without the consent of the shareholders and not appointed through the appropriate General Meeting of Shareholders is invalid and null and void for the sake of law so that it does not have binding force.
Legal Protection for Parking Service Users to Standard Agreements Containing Exclusion Clauses Utama, Eka Satya Kartika; Tjoanda, Merry; Kuahaty, Sarah Selfina
PAMALI: Pattimura Magister Law Review Vol 5, No 3 (2025): NOVEMBER (in progress)
Publisher : Postgraduate Program in Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v5i3.2234

Abstract

Introduction: The high mobility of society can be seen from the increasing number of vehicles. These vehicles certainly need a place to park, because it is impossible to use them continuously without being parked. However, in the managementof parking lots, parking managers still include exoneration clauses, both on parking tickets and at parking locations.Purposes of the Research: Review and analyze the legal protection of parking service users who apply an exoneration clause.Methods of the Research: This research is a normative legal research, using a statue approach and conceptual approach. The sources of legal materials used a primary, secondary, and tertiary legal material, then analyzed qualitatively.Results Main Findings of the Research: The form of legal protection for users of parking services containing an exoneration clause is to give protection to the fulfillmaent of consumer rights as users of parking services, where the parking management is obliged to ensure the safety of vehicles parked in parking facilities and is responsible for providing compensation in case of damaged or loss. If the parking management continues to violate the law, sanctions will be imposed, both administrative and criminal sanctions.
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