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All Journal Batulis Civil Law Review TATOHI: Jurnal Ilmu Hukum AIWADTHU: Jurnal Pengabdian Hukum Jurnal Dedikasi Hukum PATTIMURA Legal Journal LUTUR Law Journal PATTIMURA Law Study Review KANJOLI Business Law Review
Pariela, Marselo Valentino Geovani
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Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : PATTIMURA Law Study Review

 1 
Perlindungan Hukum Terhadap Konsumen Pengguna Jasa Ekspedisi Pengiriman Barang (Studi Pada Pt. J&T Kota Ambon) Surachim, Muhammad Oghan; Pesulima, Theresia Louize; Pariela, Marselo Valentino Geovani
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.v2i1.13781

Abstract

ABSTRACT: J&T is an industry that provides goods delivery services both in the form of documents and packages. J&T is a new industry that utilizes IT in providing its services, with the advantage of providing goods and services so that customers do not need to come to the J&T office when they want to send and receive goods. Sometimes delivering goods is not always easy, for example, goods agreed upon by both parties have been sent but do not arrive at the destination address, goods arrive late, are lost or damaged during the delivery process. The research method used in this research is normative juridical, normative juridical research is legal research (legal search) which is carried out to find the truth of coherence, this writing focuses on literature study which means more research and study of existing and applicable legal regulations. In general PT. J&T is a technology-based delivery company that provides goods and document delivery services to all areas covered by PT. J&T is included in Ambon City. Service users only need to pay a certain amount of money to PT. J&T as a fee for sending goods to the specified address. However, in every delivery of goods, of course there are several problems found during the shipping and delivery process which cause losses for consumers. In this case PT J&T Ambon does not fulfill the rights of consumers, such as in the case of consumer rights which are not fulfilled because the goods delivered do not reach the hands of consumers. The issue of consumer protection is not solely an individual problem, but is actually a collective and national problem because basically everyone is a consumer. As users of goods delivery services, consumers need to obtain legal protection in order to protect their interests. Seeing this situation, the government issued a policy regulating consumer rights through law to protect consumer interests in consuming goods and/or services. This government policy is regulated in the UUPK.
Kedudukan Hak Cipta Sebagai Jaminan Hutang Pada Perjanjian Kredit Bank Prayogi, Muhammad Rizki; Haliwela, Nancy Silvana; Pariela, Marselo Valentino Geovani
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.v2i1.13782

Abstract

ABSTRACT: Regulation of the Government Number 24 Year 2022 on Creative Economy, Article 7 in this regulation states that in the implementation of intellectual property-based financing schemes, financial institutions, whether banks or non-bank financial institutions, are allowed to use intellectual property as collateral for loans. In its implementation, there are still various challenges and obstacles faced, including the difficulty of determining the value of copyright, the lack of clear concepts related to feasibility, and the absence of execution rules from the Bank Indonesia (BI), Financial Services Authority (OJK), and Banking related to intellectual property assets as loan collateral. The method of research used is legal normative, which examines legal materials such as legislation, legal theory, and scholars' opinions to solve the problem being studied. The purpose is to find out and explain the position of copyright as collateral in bank credit agreements and the legal strength of copyright as collateral in bank credit agreements. The results of this research indicate that the position of copyright as collateral in bank credit agreements has been regulated in the Copyright Law and the Government Regulation on Creative Economy. However, its implementation is still hindered due to the lack of policies from Bank Indonesia (BI) and the Financial Services Authority (OJK).
Pembatalan Merek PT. Sumatra Tobacco Trading Company Akibat Persamaan Pada Pokoknya Dengan Merek Dagang Starbuck Corporation Matakena, Anjelin Jei; Haliwela, Nancy Silvana; Pariela, Marselo Valentino Geovani
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.v2i2.16059

Abstract

In the world of trade, related to a brand used on a product, as regulated in Act Number 20 of 2016, concerning Brand and Geographical Indications. Brands are a form of intellectual work that play an important role in the effectiveness and improvement of trade in goods and services. Brands are also a differentiating factor, with each good and service having their own personalized apperance, so that consumers can easily recognize a good or service. However, legal regulations in the field of brands and geographical indications do not fully support the registration of trademarks in Indonesia, which caused similarities between brands. This can be seen in the brand cancellation issue between Starbucks Corporation and PT Sumatra Tobacco Company (STTC) which was caused by trademark similarities. 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 brand registration between Starbucks Corporation and PT.Sumatra Tobacco Company (STTC) experienced trademark similarities, which essentially resulted in a brand cancellation. The legal consequences of a brand cancellation that occur consists of PT. Sumatra Tobacco Company (STTC) to no longer use the "STARBUCKS" trademark and that the Starbucks company is the full rights-holder for the "STARBUCKS" trademark. As a result of the large number of cases of brand cancellations that have occurred, the government and the Director General of Intellectual Property Rights as the authority for brand registration needs to give more attention in terms of supervising and accepting trademark registration. Likewise, the companies has to be educated regarding registering their brands and its trademarks.
Perlindungan Hukum Terhadap Pelanggan Jasa Telekomunikasi Dalam Registrasi Kartu Seluler Prabayar Melalui Gerai Alfons, Gilberth; Saija, Ronald; Pariela, Marselo Valentino Geovani
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.v2i2.16084

Abstract

Technological advancements in Indonesia have made life easier for the public, particularly in telecommunications with the advent of smartphones. However, this technology also brings the risk of cybercrime. To protect personal data, the government mandates the registration of prepaid cards with National Identification Numbers (NIK) and Family Card numbers (KK). Nevertheless, the legal protection of personal data in this process remains a subject of debate. This research aims to understand the form of legal protection for personal data of telecommunications service users in light of the mandatory registration of prepaid cards and the legal implications of this registration requirement. This research employs a normative legal study of descriptive-analytical nature and uses a statutory approach. What There are two forms of legal protection for personal data under the prepaid card registration law: preventive and repressive. Preventive protection is provided by Article 17 of the Minister of Communication and Informatics Regulation No. 12 of 2016 (amended by Regulation No. 21 of 2017) and Article 15 of Regulation No. 20 of 2016 on Data Protection. Repressive protection is under Article 95A of Law No. 24 of 2013 on Population Administration and Article 51(1) of Law No. 19 of 2016 on ITE. Legal implications include mandatory registration, centralized validation, penalties for data leaks, and restrictions on data disclosure.
Co-Authors Adonia Ivone Laturette Alfons, Gilberth Anakotta, Fredrik Berlianty, Teng Haliwela, Nancy Silvana Kuahaty, Sarah Selfina La Madi, Yuliana Labobar, Navtaly Duestyn Matakena, Anjelin Jei Metanila, Meyske Adriani Mual, Yansen Nancy Silvana Haliwela Pesulima, Theresia Louize Pical, Venda Jolanda Prayogi, Muhammad Rizki Ronald Saija, Ronald Sapardi, Gabriela SIHITE, SRI RUMADA Sopamena, Ronald Fadly Surachim, Muhammad Oghan Tjoanda, Merry Triska Demmatacco Waremra, Merlin Clara