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All Journal Unram Law Review Journal of Indonesian Legal Studies Jurnal Hukum Bisnis Bonum Commune Jurnal Pengabdian Hukum Indonesia (Indonesian Journal of Legal Community Engagement) JPHI Batulis Civil Law Review TATOHI: Jurnal Ilmu Hukum AIWADTHU: Jurnal Pengabdian Hukum DAS SEIN: Jurnal Pengabdian Hukum dan Humaniora Jurnal Dedikasi Hukum PATTIMURA Law Study Review SASI KANJOLI Business Law Review
Balik, Agustina
Fakultas Hukum Universitas Pattimura, Ambon
Religion Arts Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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ASPEK KEADILAN KLAUSULA BAKU DALAM PERJANJIAN KERJA OUTSOURCING Balik, Agustina; Hetharie, Yosia
Jurnal Hukum Bisnis Bonum Commune Volume 3, Nomor 2 Agustus 2020
Publisher : Faculty of Law, Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/jhbbc.v3i2.3801

Abstract

AbstractOutsourcing agreement system is the most widely used by companies as a basic for binding workers. Workers are required to fully comply with standard provisions our clauses. One of the requirements in a standard clauses made by PT DB Ambon that workers are subject to company regulations (PP). Even though (PP) it was never annouced to workers when workers violate the company regulations (PP) that they have never read, it is immediately that company decided to unilaterally work relations. Companies do not hestitate to make resignation letter on behalf of workers who were laid off without approval. By signing the letter of resignation does not get severance. The aspect of justice that is expected to occur is that companies must make company regulation by involving workers representatives who have the role of voicing workers rights. Company regulations (PP) must be announced or owned by every workers. With the company regulation (PP), it can be used as a basic for making work agreements for workers.Keywords: justice aspects; outsourcing work agreements; standard clausesAbstrakSistem perjanjian kerja outsourcing adalah yang paling banyak dipakai oleh perusahan sebagai dasar untuk mengikat pekerja. Pekerja dituntut untuk tunduk sepenuhnya pada ketentuan atau klausula yang sifatnya baku. Salah satu syarat dalam klausula baku yang dibuat oleh PT. DB Ambon bahwa pekerja tunduk pada Peraturan Perusahaan (PP). Padahal Peraturan Perusahaan (PP) itu tidak pernah diumumkan kepada pekerja. Ketika pekerja melanggar Peraturan Perusahaan (PP) yang tidak pernah mereka baca itu, serta merta perusaha  memutuskan hubungan kerja sepihak. Perusahan tidak segan-segan  membuat surat pengunduran diri atas nama pekerja yang di PHK tanpa persetujuannya. Dengan menandatangani surat pengunduran diri tersebut, maka tenaga kerja tersebut tidak memperoleh pesangon. Aspek keadilan yang diharapkan terjadi yaitu bahwa Perusahaan harus membuat Peraturan Perusahaan dengan melibatkan perwakilan pekerja yang berperan menyuarakan hak-hak pekerja sehingga perusahaan tidak sewenang-wenang terhadap hak-hak pekerja. Peraturan Perusahan (PP) harus dumumkan atau dimiliki oleh setiap pekerja. Dengan adanya Peraturan Perusahan (PP), maka dapat dijadikan dasar pembuatan perjanjian kerja bagi pekerja.Kata kunci: aspek keadilan; klausula baku, perjanjian kerja outsourcing
PERANAN KEWANG LAUT DALAM PELAKSANAAN SASI LAUT DI DESA PASINALO KABUPATEN SERAM BAGIAN BARAT Uktolseja, Novyta; Balik, Agustina
Jurnal Hukum Bisnis Bonum Commune Volume 5, Nomor 1 Februari 2022
Publisher : Faculty of Law, Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/hukum bisnis bon.v5i1.5660

Abstract

The purpose of this study was to examine and analyze the implementation of Sasi Laut in Pasinalo Village, West Seram Regency and the Role of Kewang Laut in the Implementation of Sea Sasi in Pasinalo Village, West Seram Regency. Sasi is a tradition of the people of the land in Maluku, to maintain certain potential results. When sasi is implemented, the community is prohibited from picking certain plants on land and taking certain products from the sea for a period of time determined by the village government. In the implementation of Sasi Laut in Pasinalo Village, Taniwel District, West Seram Regency, the Kewang Laut institution has a very important function and role as the guardian and implementer of this Laut Sasi. The role of the Kewang Institution basically cannot be separated from the implementation of Sasi. The Kewang Institution has a very large function and role in various things that occur with the management and protection of the environment in land and sea areas that are in the area of ​​customary rights (petuanan) of a country. The role and function of the Kewang Laut still exists in Pasinalo Village which is a customary institution that always oversees every decision issued by Customary Institutions in the task of overseeing the management and utilization of natural resources in the village, but from the results of village regulations issued by the BPD, Village Heads and other customary institutions there are still some shortcomings in the village regulations, namely related to the absence of articles that regulate the role and function of the kewang both sea and land kewang in guarding and controlling the implementation of Sasi.
Pendidikan Perlindungan Konsumen Kepada Masyarakat Desa Di Kecamatan Teon Nila Serua Kabupaten Maluku Tengah Sarah Selfina Kuahaty; Teng Berlianty; Theresia Louize Pesulima; Agustina Balik; Maichel Lesnussa
AIWADTHU: Jurnal Pengabdian Hukum Vol 1, No 2 (2021): Volume 1 Nomor 2, September 2021
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (546.129 KB) | DOI: 10.47268/aiwadthu.v1i2.656

Abstract

Introduction: Lack of public understanding of civil rights owned, bringing its legal problems for the community. This is the basis of consideration of the Civil Law Section of the Faculty of Law, Pattimura University to conduct community service activities as a form of implementation of the Tri Dharma of universities, one of the legal topics presented is related to consumer protection issues.Purposes of Devotion: Providing an understanding of consumer protection law of the community, especially the community in 3 (three) villages in Teon Nila Serua sub-district, namely Layeni village, Wotay village, and Lesluru village. Method of Devotion: Method of Dedication is using legal counselling to the community in 3 (three) villages in Teon Nila Serua district of central Maluku Regency.Results of the Devotion: In the implementation of these activities, it is known that many consumer problems such as buying goods that have been offered, goods that have defects, or sometimes goods that have been damaged, such as rice or sugar but purchased because they are deceived by low prices, which turns out to be detrimental to society. As consumers, the public does not know that they can raise objections and demand their rights back. Providing legal education, especially consumer protection, can make society an intelligent consumer.
Meningkatkan Pemahaman Masyarakat Atas Hak-Hak Konsumen Teng Berlianty; Agustina Balik; Ronald Fadly Sopamena
AIWADTHU: Jurnal Pengabdian Hukum Vol 2, No 1 (2022): Volume 2 Nomor 1, Maret 2022
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/aiwadthu.v2i1.713

Abstract

Introduction: Community service through counseling in Rumberu Village, Inamosol District, West Seram Regency regarding public understanding of consumer rights on October 21, 2021.Purposes of Devotion: This activity aims to increase public understanding of consumer rights so that the people of Rumberu village not only know but also understand their rights as consumers which are protected by law. Method of Devotion: The service is carried out using the lecture method by each presenter in turn. Then the public will be invited to ask questions and they will be answered in turn by the presenters.Results of the Devotion: Through service activities with the title "Increasing Public Understanding of Consumer Rights", the people of Rumberu Village, Inamosol District, West Seram Regency became more aware of consumer protection laws and more specifically, this activity resulted in an understanding of community rights as consumer.
Tanggung Jawab Pengangkut Terkait Ketersediaan Fasilitas Penumpang Di Atas Kapal Novela Pattipawaej; Merry Tjoanda; Agustina Balik
TATOHI: Jurnal Ilmu Hukum Vol 2, No 2 (2022): Volume 2 Nomor 2, April 2022
Publisher : Faculty of Law Pattimura University

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Abstract

Introduction: Ship passengers as sea carriers, are entitled to legal protection from the transportation company.Purposes of the Research: This writing aims to examine and discuss the responsibilities of the carrier related to the availability of passenger facilities on board the ship and to examine and discuss the role of the Syahbanddar in carrying out the supervisory function at the port. Methods of the Research: The method used is a normative juridical research method using a case approach, a statutory approach and a conceptual approach.Results of the Research: The results obtained from the research, currently the responsibility of the carrier has not been maximized in providing passenger facilities on the ship because the tickets provided exceed the number of seats on the ship so that some passengers do not get comfortable and safe facilities such as seats which are their rights in accordance with the provisions in Law Number 17 of 2008 concerning Shipping Article 40 paragraph (1). Therefore, the carrier must provide a ticket only based on the number of seats on the ship. This is also inseparable from the role of Syahbanddar as a supervisory body because it is deemed not optimal in carrying out its authority so that there are still stowaway passengers and brokers who trigger more cargo than the tickets provided by the carrier. For this reason, Syahbanddar must be proactive in terms of monitoring the sale of passenger tickets so that there is no overload on the ship.
Pelestarian Bahasa Daerah Tanimbar Sebagai Upaya Perlindungan Ekspresi Budaya Tradisional Sasya Luturmas; Teng Berlianty; Agustina Balik
TATOHI: Jurnal Ilmu Hukum Vol 2, No 1 (2022): Volume 2 Nomor 1, Maret 2022
Publisher : Faculty of Law Pattimura University

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Abstract

Introduction: This study discusses the preservation of the Tanimbar regional language as an effort to protect traditional cultural expressions in the use of 5 (five) Tanimbar regional languages, namely East Yamdena, Fordata, Selaru, Selwasa, Makatian languagesPurposes of the Research: To find out and analyze how the preservation of the Tanimbar regional language as an effort to protect traditional cultural expressions.. Methods of the Research: This study uses an empirical juridical method by describing or providing an overview of the object under study through interviews and observations.Results of the Research: The results showed that the use of the Tanimbar regional language in 5 regional languages, namely Fordata, East Yamdena, Selwasa, Selwasa and Makatian the number of speakers was very limited or few. Based on the results of the language strength scale, the Tanimbar regional language is in danger of extinction. The inhibiting factor of the Tanimbar regional language is threatened because most parents (families) do not use the local language when communicating with children but prefer to use Ambonese Malay. By re-activating the Tanimbar regional language, the Village Community Empowerment Foundation collaborates with social and religious institutions in equipping local teams with programs for developing reading materials, local content materials, local curriculum content as well as translating spiritual songs, scriptures, sermons, and sing in the local language.
Perlindungan Hukum Bagi Pemilik Merek Tidak Terdaftar Nadia Irvan; Rory Jeff Akyuwen; Agustina Balik
TATOHI: Jurnal Ilmu Hukum Vol 1, No 12 (2022): Volume 1 Nomor 12, Februari 2022
Publisher : Faculty of Law Pattimura University

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Abstract

Introduction: In Indonesia, trademark rights can be obtained after registering a trademark. However, there are still many business actors who have not registered their trademarks due to a lack of understanding about brands.Purposes of the Research: The purpose of this study is to analyze and examine the legal protection for unregistered trademark owners in Ambon City. Methods of the Research: The method used in analyzing and reviewing is normative juridical using a conceptual framework and legal materials derived from literature studies to solve problems qualitatively.Results of the Research: The results of this study indicate that the brand is a distinguishing mark that must be protected. However, in Indonesia it only protects registered trademarks, it is hoped that in the future Indonesia can provide fair and equitable legal protection for a brand through a combined protection system between a declarative system and a constitutive system. The combined protection system which is intended as a right to a mark is granted to the first user of a mark provided that the first user can prove that he is the first user, and registration is proof of use.
Perlindungan Konsumen Terkait Harga Barang Yang Tidak Sesuai Tertera Pada Etalase Dan Struk Belanja Dewi Masitha; Theresia Louize Pesulima; Agustina Balik
TATOHI: Jurnal Ilmu Hukum Vol 1, No 11 (2022): Volume 1 Nomor 11, Januari 2022
Publisher : Faculty of Law Pattimura University

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Abstract

Introduction: Consumer protection at this time cannot be separated from trading activities.Purposes of the Research: The purpose of writing this paper is. To find out the legal protection for consumers and the responsibilities of business actors regarding inappropriate prices in storefronts and shopping receipts. Methods of the Research: The research method used is normative juridical, with a statutory and conceptual approach. The sources of legal materials used are primary, secondary, and tertiary legal materials.Results of the Research: The results show that legal protection for consumers is to protect consumer rights, namely the right of consumers to obtain correct, honest and clear information regarding the state of guaranteed services and goods and rights to be served and treated honestly and correctly without discrimination. Thus, it can be seen that if there is a difference between the price of the goods listed and the price or tariff charged at the time of payment, the lowest price or tariff shall prevail.
Perlindungan Konsumen Produk Ikan Mentah Di Pasar Arumbai Mardika Ambon Terkait Ketersediaan Fasilitas Sanitasi Marsye R Leterulu; Merry Tjoanda; Agustina Balik
TATOHI: Jurnal Ilmu Hukum Vol 1, No 5 (2021): Volume 1 Nomor 5, Juli 2021
Publisher : Faculty of Law Pattimura University

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Abstract

Introduction: The arumbai market as the largest raw fish sales center in Ambon city, is known to have inadequate availability of sanitation facilities and clean water causing raw fish business actors to use sea water that has been contaminated by domestic waste. Resulting in fish being traded to be unhealthy and fresh.Purposes of the Research: To find out and analyze consumer protection for raw fish products in the Arumbai market regarding sanitation facilities and the responsibilities of business actors and managers in providing hygienic raw fish products.Methods of the Research: The research method used is normative juridical, which is focused on providing explanations that explain a particular category. Approach the problem of the statute approach (statute approach) and the conceptual approach (conceptual approach). The collection of legal materials through primary legal materials is then free from secondary legal materials. The processing and analysis of legal materials is described in a qualitative way with the aim of describing the findings in the field.Results of the Research: The absence of legal protection and certainty for consumers of raw fish in the arumbai market, where fish traders do not guarantee the quality of fish to keep it fresh. However, they freely use polluted water to soak the fish. This is because fish traders do not have awareness of their obligations as business actors. And the Government as an institution that is authorized and responsible to the community does not play an active or irresponsible role in supervising and controlling sanitation and clean water facilities at the Arumbai market. Arumbai market fish traders are not aware of their obligations as business actors. So that their responsibility in providing hygienic raw fish is not fulfilled. Market managers, arumbai business actors do not cooperate with the city government to provide sanitation and clean water facilities.
Perlindungan Hukum Pemegang Hak Cipta terhadap Pelanggaran Melalui Aplikasi Telegram Martha Elizabeth Sutrahitu; Sarah Selfina Kuahaty; Agustina Balik
TATOHI: Jurnal Ilmu Hukum Vol 1, No 4 (2021): Volume 1 Nomor 4, Juni 2021
Publisher : Faculty of Law Pattimura University

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Abstract

Introduction: The distribution of cinematographic works is so much at this time, especially in the channel on the Telegram application.Purposes of the Research: Know the form of legal protection of cinematographic copyright holders whose rights are violated on the telegram application, as well as the legal consequences for the parties who commit the violation.Methods of the Research: The research method used is juridical normative, the problem approach used in the research is the statutory approach and the conceptual approach. Sources of legal materials used are primary, secondary and tertiary legal materials. The technique of collecting legal materials used in this study is a research library, then analyzed using qualitative methods.Results of the Research: Based on research, currently the distribution of cinematographic works without a creator or copyright holder is a violation that results in losses for both creators and copyright holders, but to prevent such violations there are protections provided to protect cinematographic works, including: preventive legal protection with limitations in several laws such as UUHC and UU ITE as well as providing Joint Regulations MENKUMHAM and MENKOMINFO regarding the Implementation of Closure of Content and/or Related Rights in Electronic Systems, repressive legal protection in the form of non-litigation efforts that focus on efforts to settle out of court (Alternative disputes and arbitration institutions), as well as litigation efforts carried out through the courts. Commercial Court and report closure of content and/or access rights). The legal consequences that are accepted for those who feel aggrieved, because the application is a loss and the legal consequences for those who violate the cinematographic works are subject to sanctions.
Co-Authors Amtsal, Abdul Ari Apriatman Molle Barzah Latupono Berlianty, Teng Dewi Masitha Faliya Hakim Hetharie, Yosia Hisbollah, Alif Adnan Jaka, Jaka Jessica Manuela Lewerissa Johnny Pieter Sual Kuahaty, Sarah Selfina Latuconsina, Moh Fadly Latupeirissa, Diouf Alexsandro Lefumonay, Imelda Leluly, Hervy Welem Maichel Lesnussa Marsye R Leterulu Martha Elizabeth Sutrahitu Merry Tjoanda Merry Tjoanda Monalesya Dince Sapulette Nadia Irvan Nancy Silvana Haliwela Nani Novendo Sidabariba Narwadan, Theresia Nolda Agnes Neng Melly Senisa Novela Pattipawaej Novyta Uktolseja Pesulima, Theresia Louize Putri Anggia Revivo Tulaseket Rizka Astri Husen Ronald Fadly Sopamena Rory Jeff Akyuwen Rory Jeff Akyuwen Saimima, Vianen Sarah Selfina Kuahaty Sasya Luturmas Sembiring, Dias Sakti Jopa Sinmiasa, Tirza Christin Luciana Sopamena, Ronald Fadly Talahatu, Reylandho Cornelius Teng Berlianty Teng Berlianty Teng Berlianty Theresia Louize Pesulima Tjoanda, Merry Triska Demmatacco Vica Jilyan Edsti Saija Victoria Bianca Uruilal Yambormias, Merlinda Tabita Yosia Hetharie Yosia Hetharie Yosia Hetharie