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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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Penggunaan Perjanjian Tidak Tertulis Dalam Hubungan Kegiatan Bisnis La Madi, Yuliana; Kuahaty, Sarah Selfina; Pariela, Marselo Valentino Geovani
TATOHI: Jurnal Ilmu Hukum Vol 4, No 9 (2024): Volume 4 Nomor 9, November 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i9.2494

Abstract

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
Pemahaman Hukum Perlindungan Konsumen Bagi Pelaku UMKM di Kelurahan Wainitu-Kota Ambon Pariela, Marselo Valentino Geovani; Laturette, Adonia Ivone; Sopamena, Ronald Fadly
Jurnal Dedikasi Hukum Vol. 3 No. 3 (2023): December 2023
Publisher : Universitas Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/jdh.v3i3.28782

Abstract

Pelaku UMKM di Indonesia belum memiliki pemahaman yang memadai mengenai perlindungan konsumen, sehingga berpotensi menimbulkan kerugian bagi konsumen dan berdampak negatif terhadap keberlangsungan usaha mereka. Oleh karena itu, pemahaman terhadap hukum perlindungan konsumen menjadi elemen penting dalam menjaga eksistensi UMKM di Indonesia. Pengabdian masyarakat ini dilaksanakan di RT 002/04 Kelurahan Wainitu, Kecamatan Nusaniwe, Kota Ambon, dengan tujuan meningkatkan kesadaran dan pemahaman pelaku UMKM dan masyarakat umum mengenai hak dan kewajiban konsumen serta pelaku usaha sebagaimana diatur dalam perundang-undangan. Metode yang digunakan adalah diskusi panel yang diikuti dengan sesi tanya jawab, sehingga memungkinkan interaksi aktif antara peserta dan pemateri. Hasil kegiatan ini diharapkan mampu membekali pelaku UMKM dan konsumen dengan pengetahuan hukum perlindungan konsumen yang relevan, sehingga tercipta hubungan yang lebih harmonis dan saling menguntungkan antara konsumen dan pelaku usaha.   Abstract Understanding of Consumer Protection Law for MSMEs Actors in Wainitu Village, Ambon City.MSME actors in Indonesia do not have an adequate understanding of consumer protection, potentially causing harm to consumers and negatively impacting the sustainability of their businesses. Therefore, an understanding of consumer protection law is an important element in maintaining the existence of MSMEs in Indonesia. This community service was carried out in RT 002/04 Wainitu Village, Nusaniwe Subdistrict, Ambon City, with the aim of increasing awareness and understanding of MSME actors and the general public regarding the rights and obligations of consumers and business actors as regulated in the legislation. The method used was a panel discussion followed by a questio and answer session, allowing for active interaction between participants and presenters. The results of this activity are expected to be able to equip MSME actors and consumers with relevant consumer protection law knowledge, so as to create a more harmonious and mutually beneficial relationship between consumers and business actors.
Perlindungan Hukum Bagi Pengguna Jasa Internet Terhadap Kerahasiaan Data Pribadi Anakotta, Fredrik; Haliwela, Nancy Silvana; Pariela, Marselo Valentino Geovani
PATTIMURA Legal Journal Vol 3 No 3 (2024): Desember 2024 PATTIMURA Legal Journal
Publisher : Postgraduate Program Doctoral in Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pela.v3i3.17348

Abstract

Introduction: In the current era of globalization, the internet plays a very important role in human life. In addition to playing an important role, there are also adverse impacts that harm internet service users such as personal data leaks. The confidentiality of personal data was leaked in 2022, including indihome customer data, as many as 26 million customer data were traded on BreachForms by Bjorka. The data is in the form of keyword search history, user info such as email, name, to Population Identification Number. Purposes of the Research: A form of legal protection for the public regarding the security of personal data and consumer rights that are not fulfilled. Methods of the Research: The research method used is normative juridical, namely by examining various laws and regulations and other literature related to the research. Results Originality of the Research: The results of this study show that the form of legal protection for internet service users against the confidentiality of personal data consists of three forms, namely the form of supervision of personal data, the existence of the principle of personal data security protection, where internet service providers are obliged to maintain the security of internet service user data, the existence of personal data security from unauthorized parties, for which the Government, Internet Service Providers, Law enforcement officials are obliged to supervise and secure all forms of internet networks, for example by deleting or locking personal data if it has been used by the user, as well as strengthening legal arrangements related to the misuse of personal data confidentiality. Quickly handle various cases of abuse of the confidentiality of personal data of internet network users so that it has a deterrent effect.
Copyright Assessment of The Oral Tradition of Making Fishing Traps Among Indigenous Peoples Pariela, Marselo Valentino Geovani; Saija, Ronald; Pical, Venda Jolanda; Demmatacco, Triska
Batulis Civil Law Review Vol 6, No 1 (2025): VOLUME 6 ISSUE 1, MARCH 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/ballrev.v6i1.2476

Abstract

Introduction: The passing on of traditions from the older generation to the younger generation is generally conveyed scientifically by word of mouth which is carried out with continuous practice, so that usually an oral tradition cannot be verified academically-scientifically but can be accepted as recognition by an indigenous community as a historical fact.  Oral culture or oral tradition is a culture in which writing has not been developed for the purpose of keeping records and passing down knowledge and history.Purposes of the Research: To examine the copyright registration for the oral tradition of making fish traps among indigenous communities on the island of Ambon to obtain recognition of intellectual property rights.Methods of the Research: The research method used is in accordance with the research objectives where the type of research used is sociolegal (sosiolegal research) namely a research method combining doctrinal legal research and empirical legal research methods.Results Main Findings of the Research: Protection of traditional knowledge (oral traditions regarding the creation of traditional fish traps) can prevent the cultural identity of the community that owns it from being lost in line with the extinction of traditional knowledge. Procedure Copyright is one part of intellectual property which has the broadest scope of protected objects, because it includes science, art and literature (art and literacy) which also includes the oral tradition of making fishing traps.
Pemenuhan Hak Ekonomi Pencipta Atas Karya Koreografi Dalam Kegiatan Komersil Labobar, Navtaly Duestyn; Kuahaty, Sarah Selfina; Pariela, Marselo Valentino Geovani
KANJOLI Business Law Review Vol 2 No 2 (2024): Desember 2024 KANJOLI Business Law Review
Publisher : Pusat Kajian Hukum Bisnis Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/kanjoli.v2i2.14447

Abstract

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.
Ambiguity in Supreme Court Decisions on Ambon's Customary Land: The 1814 Dati Register and the Challenge of Evidentiary Systems Saija, Ronald; Pariela, Marselo Valentino Geovani; Demmatacco, Triska; Labetubun, Muchtar Anshary Hamid
Batulis Civil Law Review Vol 7, No 1 (2026): VOLUME 7 ISSUE 1, MARCH 2026
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/ballrev.v7i1.3469

Abstract

Introduction: Ownership of recognized land in Ambon, particularly in the Dati (locally recognized land), is granted by the state to individuals who have rendered services to the state and possess strong legal rights that can be passed on to the rights holder's descendants. Generally, land in the Ambon region is customary land (tanah dati) subject to and controlled by the right of ownership (beschikkingsrecht) of the village or village concerned.Purposes of the Research: To examine the factors that led to the Supreme Court of the Republic of Indonesia's decisions being enforced using outdated evidence and how to influence the reconstruction of ambiguity regarding the justice of Supreme Court decisions enforced based on the 1814 Dati Register, which contains a failed evidentiary system.Methods of the Research: Sociolegal research, a combination of doctrinal and empirical legal research methods.Results Main Findings of the Research: The weaknesses of Supreme Court decisions enforced using outdated evidence are: The 1814 Dati Register was not intended as proof of land ownership under modern law, but rather as an administrative tool for colonial tax purposes; The 1814 Dati Register Letter is old, incomplete and often does not correspond to the actual conditions of existing customary land, thus causing uncertainty and disputes; the existence of differences in interpretation of customary law and national law in courts causes the decisions of the Supreme Court of the Republic of Indonesia often do not reflect substantive justice for indigenous peoples; and this failure has implications for obstacles to customary land registration at the National Land Agency and the potential for prolonged conflict between indigenous peoples and other parties, and the abolition of the dati institution as outlined in the decision on June 1, 1923, contains the meaning of changes in the customary land ownership system in Ambon, especially the change from the concept of dati-doesoen (land dati) to poesaka-doesoen. make it in academic English.
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