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All Journal Batulis Civil Law Review TATOHI: Jurnal Ilmu Hukum PAMALI: Pattimura Magister Law Review AIWADTHU: Jurnal Pengabdian Hukum PATTIMURA Legal 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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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.
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
Publisher : Postgraduate Program in Law, Universitas Pattimura

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.
Itikad Baik Konsumen Dalam Pemanfaatan Air Bersih Usmany, Dominggus Pier; Kuahaty, Sarah Selfina; Pesulima, Theresia Louize
TATOHI: Jurnal Ilmu Hukum Vol. 1 No. 8 (2021): Volume 1 Nomor 8, Oktober 2021
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v1i8.800

Abstract

Introduction: Some of the findings of cases carried out by the Regional Drinking Water Company of Ambon City, in fact, consumers as customers do not use clean water in accordance with the Consumer Protection Law which regulates consumer obligations, especially consumers' good ethics towards companies.Purposes of the Research: To find out the form of consumer good faith in the use of clean water and legal remedies that can be taken by business actors against consumers who do not have good intentions in the use of clean water.Methods of the Research: The method used is normative legal research. The research approach is a statutory approach and a conceptual approach. Sources of legal materials used are primary legal materials, secondary legal materials, and tertiary legal materials. The technique of collecting legal materials is through literature study and then analyzed through a perspective using qualitative methods.Results of the Research: The results of the study indicate that consumers/customers are obliged to carry out their obligations to the Regional Drinking Water Company of Ambon City. Legal Efforts to resolve disputes, broadly speaking, there are two models of civil dispute resolution, namely litigation and non-litigation. These two types of dispute resolution models are anticipated when a dispute cannot be resolved with only one settlement model. Consumers who have obtained their rights from the Regional Drinking Water Company of Ambon City/business actors but they do not have the good faith to carry out their obligations may be subject to sanctions.
Pelaksanaan Jaminan Fidusia Di Masa Pandemi Covid-19 Moenandar, Revandio Hendruno; Akyuwen, Rory Jeff; Kuahaty, Sarah Selfina
TATOHI: Jurnal Ilmu Hukum Vol. 1 No. 10 (2021): Volume 1 Nomor 10, Desember 2021
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v1i10.861

Abstract

Introduction: The case of Credit Agreement and Debt Recognition with a fiduciary guarantee that occurred between Roberth Gomies as a debtor and PT. Sinar Mas Multifinance (PT. SMMF) as a creditor with a guarantee of 1 (one) unit of Public Transport Vehicle. In this case, the payment made by Robert Gomies experienced a payment delay due to the corona virus outbreak 19. So the vehicle used as credit collateral in the fiduciary agreement was forcibly/unilaterally withdrawn without the knowledge and permission of the debtor.Purposes of the Research: Knowing and Reviewing Forms of Protection for Fiduciary Guarantees in the Covid 19 Pandemic Period and Execution Mechanisms for Fiduciary Guarantees in the Covid 19 Pandemic Period. Methods of the Research: The method used is normative legal research. The research approach is a statutory approach and a conceptual approach. Sources of legal materials used are primary legal materials, secondary legal materials, and tertiary legal materials. The technique of collecting legal materials is through literature study and then analyzed through a perspective using qualitative methods.Results of the Research: The results of the study show that the procedure for withdrawing the object of fiduciary security must refer to the Regulation of the National Police Chief Number 8 of 2011 which is carried out by the creditor or his proxies must submit a request for securing the execution of the withdrawal of the fiduciary object which is made in writing addressed to the local police chief by attaching the following conditions: the following conditions, a. a copy of the fiduciary guarantee deed, b. a copy of the fiduciary guarantee certificate, c. A warning letter to the debtor to fulfill his obligations. d. The identity of the executor of the execution, e. Executioner's assignment letter. In addition, the Constitutional Court Decision Number 18/PUU-XVII/2019 has also provided legal certainty for fiduciary guarantee.
Perlindungan Hukum Bagi Penerima Waralaba Dalam Pemutusan Perjanjian Secara Sepihak Rappe, Arifin; Kuahaty, Sarah Selfina; Pesulima, Theresia Louize
TATOHI: Jurnal Ilmu Hukum Vol. 2 No. 1 (2022): Volume 2 Nomor 1, Maret 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i1.894

Abstract

Introduction: A franchise agreement is a special agreement or also called an anonymous agreement, because it is not found in the Civil Code.Purposes of the Research: This writing aims to examine and discuss legal protection for franchisees related to unilateral termination of agreements made by the franchisor. Methods of the Research: The method used is a normative juridical research method using a statutory approach and a conceptual approach.Results of the Research: The results obtained from the research, the impact of unilateral termination of the agreement causes franchisees to sue and resolve disputes by way of deliberation by giving a warning or subpoena and also through out-of-court channels in accordance with Law Number 30 of 1999 paragraph (1) concerning Arbitration and alternative dispute resolution. This is also inseparable from the franchisor's responsibility for unilaterally terminating the agreement to the franchisee and the franchisee has the right to claim losses in accordance with Article 1243-1252 of the Civil Code.
Legal Consequences of Land Rights Conversion and Recognition of Customary Rights in Land Registration Kuahaty, Sarah Selfina; Berlianty, Teng; Dyastuti, Risqi Mumpuni; Sinaga, Roulinta Yesvery
Batulis Civil Law Review Vol. 7 No. 2 (2026): VOLUME 7 ISSUE 2, JULY 2026
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/ballrev.v7i2.3478

Abstract

Introduction: This article analyzes the legal consequences of land conversion and the registration of customary land in Indonesia, as stipulated by Government Regulation Number 18 of 2021 concerning Management Rights, Land Rights, Apartment Units and Land Registration. Many communities maintain traditional understandings of land ownership, which often differ from formal legal recognition. Purposes of the Research: This research aims to determine the legal ramifications of failing to register land rights, particularly conversion rights and customary lands, within the prescribed timeframe. Methods of the Research: This research was conducted using a normative juridical method. The approaches used are the legislative approach and the conceptual approach. The legal materials used are primary legal materials, secondary legal materials and tertiary legal materials. The legal processing technique used is to process legal materials by systematizing and the analysis of legal materials is qualitative in nature by interpreting legal materials and providing conclusions using deductive methods from real problems on legal issues. Results Main Findings of the Research: The findings indicate that delayed registration under Government Regulation Number 18/2021 renders old proof of ownership invalid, potentially leading to the land becoming state land. This has significant implications for legal certainty, formal recognition of ownership, protection against rights loss, and administrative consequences for individuals and communities. The research highlights the critical importance of timely registration to secure land rights and emphasizes the need for policies that protect indigenous communities and facilitate access to the registration process.
Education Formulation, Land Tax Calculation, and Completeness of Land Registration Documents Sinaga, Roulinta Yesvery; Dyastuti, Risqi Mumpuni; Kuahaty, Sarah Selfina; Sihite, Sri Rumada
AIWADTHU: Jurnal Pengabdian Hukum Volume 6 Issue 2, July 2026
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/aiwadthu.v6i2.3506

Abstract

Introduction: Activity devoted to the public. This aim is to provide comprehensive education on the formulation, calculation, tax, land, and equipment file registration in Amahai Village, Central Maluku. Purposes of The Devotion: To increase the understanding of the public to aspects crucial in the registration process, including calculation of Land and Building Acquisition Tax and Final Income Tax, as well as ensure Completeness of required documents. Method of The Devotion: Activities Devotion. This is done through socialization, discussion, interaction, and the provision of easy-to-understand materials. Results Main Findings of the Devotion: Results of activity. This shows significant improvement in participants' knowledge of formulation calculation taxes, especially Land and Building Acquisition Tax and final final Income Tax, as well as a greater understanding of the condition file registration for land. Participants also pointed out that improving awareness will be important to obtain an ownership certificate as proof of legitimate rights. The conclusion of the activity. This is effective education that increases the public's ability to navigate the registration process, reduces potential errors in tax calculations, and minimizes risks associated with incomplete documents.
Co-Authors Akyuwen, Rory Jef Akyuwen, Rory Jeff Andrean, Paulus Balik, Agustina Berlianty, Teng Dyastuti, Risqi Mumpuni Efendi, Vadila Fataruba, Sabri 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 Moenandar, Revandio Hendruno Mony, Zulfikar Mual, Dedi Murahman, Farhan 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 Rappe, Arifin Sari, Puput Novita SIHITE, SRI RUMADA Sinaga, Roulinta Yesvery Sopamena, Siska Vilonia Indah Sunaryo, Hanavia Rahma Tjiptabudi, Jantje Tjoanda, Merry Tupamahu, Cheryl Nathania Usmany, Dominggus Pier Utama, Eka Satya Kartika Vica Jillyan Edsti Saija Yambormias, Merlinda Tabita