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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

Author-ID : 1439053

Religion Arts Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Perlindungan Hukum Terhadap Konsumen Shopee Atas Barang Yang Tidak Sesuai Dengan Deskripsi Produk Ari Apriatman Molle; Teng Berlianty; Agustina Balik
PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 2023 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v1i1.9969

Consumer protection is important considering the speed of science and technology that continues to increase. This study aims to examine legal protection for shopee consumers for goods that do not match the product description and the responsibilities of the shopee party and business actors for consumers who are harmed. The type of research used in this paper is normative legal research. By using the legal approach and the concept approach. Analysis of legal material uses qualitative methods, namely studies related to legal norms contained in laws and regulations and legal norms that exist in society. The qualitative analysis method is carried out by analyzing legal materials based on concepts, theories, laws and regulations, expert opinions, and the views of the authors themselves, then interpretation is carried out to conclude from this research question. The results of this study conclude that legal protection for Shopee consumers is based on the Consumer Protection Act No. 8 of 1999 (UUPK) and the Electronic Information and Transaction Law No. 11 of 2008 (UU ITE) can be seen in the regulation on consumer rights protection. Consumers who are harmed can file a lawsuit that is in line with UUPK and UU ITE so as to provide legal certainty to consumers. The government and society also play an important role through the oversight function. The form of responsibility of the shopee party and business actors for losses suffered by consumers is fully regulated in the terms of use of services available on the shopee shopping site, allowing consumers to report consumer losses, offer Shopee Guarantees, issue refunds to consumers, and protect consumers' personal information and credit cards. . Shopee is fully responsible for consumer losses

Perlindungan Hak Cipta Lagu Yang Di Nyanyikan Ulang Tanpa Izin Pencipta Yang Di Unggah Di Media Sosial Nani Novendo Sidabariba; Rory Jeff Akyuwen; Agustina Balik
PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 2023 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v1i1.10831

The problem in this thesis is about acts of copyright infringement in the form of cover songs on the YouTube platform. This research aims to make everyone understand that any action involving the use of other people's copyrights, either in part or in whole, is required to obtain prior permission from the creator and/or copyright holder. Based on article 9 of the Copyright Law No. 28 of 2014 it can be seen that everyone is prohibited from publishing creations, copying creations in all its forms, and is prohibited from exercising economic rights without the author's permission, and is prohibited from duplicating and/or using commercial creations. The method used in this research is normative juridical with statutory approach (statute approach) and conceptual approach (conceptual approach). The legal materials used are primary legal materials, secondary which are analyzed qualitatively. Based on this research, copyright protection for songs that are sung again consists of preventive and repressive legal protection. Preventive legal protection is carried out by supervising, coordinating and cooperating with the dissemination of re-sung song content, recording of creations, and closing related content and/or rights in electronic systems. Repressive protection in the form of compensation fines. The legal consequence received by the party who sings the song without the creator's permission is to pay compensation to the copyright holder in accordance with Article 1365 of the Civil Code. in the form of negotiation, mediation, conciliation, expert opinion and also arbitration.

Pertanggungjawaban Debitur Terhadap Kreditur Pada Perjanjian Kredit Dengan Jaminan Fidusia Rizka Astri Husen; Nancy Silvana Haliwela; Agustina Balik
PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 2023 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v1i1.10835

ABSTRACT: An agreement is an agreement made by one party and another party based on trust. It is the same with credit agreements with fiduciary guarantees that occur between debtors, creditors and third parties. Where a third party defaults, against the creditor. by not paying car loan installments. So that it results in a credit agreement between the Debtor and the Creditor. So that the action refers to the provisions of the Civil Code Article 1238, namely "The debtor is declared negligent by a warrant, or by a similar deed, or based on the strength of the agreement itself, that is, if this agreement results in the debtor being deemed negligent within the allotted time". The type of research used is normative juridical research. the type of normative juridical research is a research that examines legal materials, legal doctrine, legal principles, legal principles, as well as positive legal provisions in order to answer the legal issues that have been studied. Another name for normative research is doctrinal legal research which can be referred to as library research or document study because this research is carried out and shown only on written regulations or other legal materials. The results of the study show that it is related to credit accountability. From debtors, creditors and third parties. The responsibility of the debtor to the creditor is based on Article 30 of the Fiduciary Law that the debtor will hand over fiduciary objects to the creditor. Settlement of defaults can be carried out through litigation or non-litigation between the debtor and the creditor. then the legal settlement between the debtor and a third party, by making a warning letter or a new agreement for the losses suffered by the debtor.

Pemutusan Hubungan Kerja Yang Dilakukan Pelaku Usaha Kepada Tenaga Kerja Melalui Media Online Sesuai Dengan Ketentuan Undang-Undang Johnny Pieter Sual; Merry Tjoanda; Agustina Balik
PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 2023 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v1i1.10850

ABSTRACT: Unilateral termination of employment relations is absolutely not allowed and is very clear, except for certain circumstances that compel the dismissal to be carried out, as stipulated in the "Industrial Relations Dispute Settlement Law". Unilateral layoffs by PT. Ruata's work for the workforce “Mr. VG” via Whatsapp. Mr. VG” did not receive a Decree as an employee of PT. Karya Ruata, and did not sign the Collective Labor Agreement between PT. Ruata's work with the workforce of “Mr. VG”. This research uses normative juridical research methods, namely library law research and because this research is carried out by having library materials. The approach in normative research is the Statute Approach and the Conceptual Approach. In this study, a descriptive-analytical type of research will be used. The results showed that the layoffs carried out by PT. Ruata's work to “Mr. VG” through online media (Whatsapp) is not in accordance with the provisions of the law. Article 81 number 43 of the Job Creation Law. PT Karya Ruata is not responsible for the unilateral termination of “Mr. VG” Through Online Media (Whatsapp). The unilateral dismissal action, clearly based on Article 1320 of the Civil Code, does not meet the objective requirements for the implementation of the agreement, namely the causa conditions that are allowed, so that the termination action is null and void by law. As a result of being null and void, the said dismissal by law is deemed to have never happened and therefore “Mr. VG” remains united as an employee of PT. Ruata's work, but until now “Mr. VG” is no longer working for PT. Ruata's work, and there is no settlement according to the provisions of the law.

Pengambilan Rekaman dan Penyebaran Potongan Film Tanpa Hak Victoria Bianca Uruilal; Rory Jeff Akyuwen; Agustina Balik
PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 2023 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v1i1.11172

ABSTRACT: Film is one type of cinematographic work, where cinematographic work itself is a creation protected by Law Number 28 of 2014 concerning Copyright in Article 40 paragraph (1) letter (m). However, in reality, there is an act of taking footage and distributing film cuts without rights carried out when someone watches a movie in a theater and uploads it on social media and gets economic benefits from the upload of the film cut. While clearly stated in the Copyright Act, which explains that creators and copyright holders have economic rights (Article 9) and moral rights (Article 5) to the creations they make, This right is only owned by creators and copyright holders; others are required to obtain permission. This research is normative juridical research conducted with a statutory approach, a conceptual approach, and primary, secondary, and tertiary legal sources. The act of taking footage and distributing film cuts without rights is part of commercial activities that benefit not the creators and copyright holders of copyright. If Article 43 letter (d) of Law Number 28 of 2014 concerning copyright is reversed, then it is an offense that violates Moral Rights in Article 5 and Economic Rights in Article 9. As for the violation being part of the tort, then the act of taking footage and dissemination of film cuts without rights has been contrary to the Civil Code in Article 1365, which is entitled to be held accountable on the basis of the element of fault, and the form of liability is compensation, both in the form of material and immaterial.

Pelabelan Produk Pangan Yang Mengandung Bahan Rekayasa Genetik Neng Melly Senisa; Rory Jeff Akyuwen; Agustina Balik
PATTIMURA Law Study Review Vol 1 No 2 (2023): Desember 2023 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v1i2.11788

Indonesian legislation relating to genetically engineered food is Law Number 7 of 1996 concerning Food and Government Regulation Number 69 of 1999 concerning Food Labels and Advertisements. Article 35 states that the label for genetically engineered food must include the words Genetically Engineered Food in the name of the type. Information as a genetic engineering product on the label has been regulated by BPOM Number 6 of 2018 concerning Supervision of Genetically Engineered Food Products, in Article 8 and Article 9 concerning Food Labels for Genetically Engineered Products. Genetically engineered food products have long entered the Indonesian market. However, in reality, in Indonesia until now there are no food products that carry labels as required by these regulations. The method used in this research is normative juridical using a statutory approach and a conceptual approach. The sources of legal materials used in this research are primary legal materials, secondary legal materials and tertiary legal materials. Based on the research results, it was found that business actors who produce products containing genetically engineered ingredients have a responsibility to ensure the safety of the products produced and fulfill obligations regarding food product labeling by including a label that says Genetically Engineered Products (PRG). The legal consequences for producers or people who produce or import food that does not carry the genetic engineering label are that they may be subject to legal sanctions. Legal sanctions include fines, temporary closure or revocation of business permits, and/or criminal charges. So every food product that enters Indonesian territory should comply with the regulations regulated in Indonesia.

Perlindungan Hak Moral Komika Atas Materi Pertunjukan Stand-Up Comedy Saimima, Vianen; Narwadan, Theresia Nolda Agnes; Balik, Agustina
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.v2i1.13766

ABSTRACT: The role of Intellectual Property Rights (IPR) is increasingly crucial in this modern era, where technology and easy access to information demand strong protection for creative works. One important aspect of IPR is copyright, which gives creators control over the reproduction, distribution, and performance of their works. The copyright law (UUHC) provides broad protection for various types of intellectual works, including art, in accordance with Article 40 Paragraph (1). Stand-Up Comedy, as an art form, should also receive appropriate protection. Even though Stand-Up Comedy performance material is not explicitly mentioned in the UUHC regarding protected objects, Stand-Up Comedy performance material should meet the criteria as a protected copyright work because it is the result of the comic's thought process. However, easy access to Stand-Up Comedy material also raises the problem of plagiarism which can harm copyright and moral rights of comics. The research methods used include normative juridical research with statutory and conceptual approaches, as well as the use of various sources of legal materials, namely primary legal materials, secondary legal materials and tertiary legal materials. Techniques for collecting legal materials through library and electronic resource studies, as well as analysis techniques using qualitative methods. Based on this research, even though Stand-Up Comedy performance material has not been explicitly accommodated in the UUHC, comics' moral rights to their work should receive legal protection. Legal protection can be carried out through preventive and repressive approaches. Dispute resolution involves a legal process, with comics having the option to resolve non-litigation through negotiation, mediation, or arbitration, or through litigation with compensation awarded as recognition of the creator's creative honor and dignity.

Perlindungan Pengolahan Naniura Masyarakat Batak Toba Atas Ekspresi Budaya Tradisional Sembiring, Dias Sakti Jopa; Narwadan, Theresia Nolda Agnes; Balik, Agustina
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.v2i1.13767

ABSTRACT: The Toba Batak region is an area that has traditional cultural expressions which are usually called naniura. Protection of the Toba Batak community's processing of naniura for traditional cultural expressions is very necessary considering that Indonesia is a legal country. However, in reality, even though the State has provided protection for traditional cultural expressions, there are still many violations or cultural claims committed by foreign nations. This writing aims to find out what form of protection the Toba Batak community's processing of naniura takes on traditional cultural expressions. The research method in this writing uses a normative juridical research type which examines positive legal provisions, legal principles and legal doctrine. In conducting this research, the author uses a statutory approach and a conceptual approach. The legislative approach is carried out by examining and analyzing statutory regulations that are relevant to the legal issue being discussed. The research results show that recording WBTB at the Ministry of Education and Culture can help protect traditional cultural expressions. This is because by recording WBTB at the Ministry of Education and Culture, it can help the Ministry of Law and Human Rights in determining traditional cultural expressions so that they can be given legal force as Communal Intellectual Property (KIK). Forms of protection for the traditional cultural expression of the Toba Batak people regarding the legal processing of naniura can be carried out using two protection models, namely defensive protection and positive protection. Recording, data integration, safeguarding, maintaining KIK, as well as the formation of regional regulations are defensive protection for the Toba Batak community's natural processing of traditional cultural expressions. The positive protection itself is contained in Government Regulation Number 56 of 2022 concerning Communal Intellectual Property.

Pelanggaran Hak Cipta Karya Cipta Lagu Atau Musik Yang Dibawakan Oleh Ovent Organizer Untuk Kepentingan Komersial Yambormias, Merlinda Tabita; Kuahaty, Sarah Selfina; Balik, Agustina
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.v2i1.13780

ABSTRACT: Copyright violations of songs or musical works often occur. In fact, songs or music really provide benefits to humans, but creators or copyright holders of songs or music have to take great pains to obtain their rights because many ordinary people, especially business actors, namely event organizers, use songs or music without permission commercially. Based on Article 9 of Law Number 28 of 2014 concerning Copyright, it can be seen that every person is prohibited from publishing works, duplicating works in all forms, translating works, adapting, arranging or transforming works, distributing works or copies thereof, performing works, announcing works, communication of works, and rental of works and it is prohibited to exercise economic rights without the permission of the creator or copyright holder and it is prohibited to carry out commercial performances of works. This research is normative juridical research carried out using a statutory approach and a conceptual approach. The sources of legal materials used are primary legal materials, secondary legal materials and tertiary legal materials. The legal material collection technique used in this research was literature surveillance, and finally analyzed using qualitative methods. Based on the research results, legal protection for copyrighted works of songs or music is regulated in Law Number 28 of 2014 concerning Copyright, which protects the creator or copyright holder of songs or music. Song or music copyrighted works that are used by the Event Organizer for commercial purposes by the act of performing song or music copyrighted works without permission from the creator or copyright holder, are referred to as copyright infringement by violating economic rights. Legal protection for the creator or copyright holder of songs or music used by the Event Organizer for commercial purposes is for the creator or copyright holder of the song or music to collaborate with one of the LMKs so that a song or music copyrighted work can be legally protected and obtain economic rights, because if someone does not register as a member, economic rights cannot be granted until that person registers as a member of LMK.

Perlindungan Hukum Karya Seni Lukisan Yang Di Tiru Dan Disebarluaskan Tanpa Hak Latupeirissa, Diouf Alexsandro; Pesulima, Theresia Louize; Balik, Agustina
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.v2i2.16061

In Indonesia there are still many copyright violations, one of which is painting. where a painting is imitated and redrawn and sold without the permission of the copyright holder. The research method used is normative juridical using a statutory approach and also a conceptual approach. There are legal sources used including primary legal materials, secondary legal materials, and tertiary legal materials. With the technique of collecting legal materials, it will be linked to legal facts, legal events and legal consequences so that it will be analyzed based on qualitative methods. The results of the research show that legal protection for creators of works of art whose paintings are imitated and distributed without rights is considered a copyright violation. Because it violates the law which involves taking and using it commercially without the permission of the copyright holder. The form of responsibility that must be carried out by the gallery75 owner is to delete the paintings posted on his social media accounts, and make compensation or give a portion of the proceeds obtained.

Co-Authors Amtsal, Abdul Ari Apriatman Molle Barzah Latupono Berlianty, Teng Dewi Masitha Faliya Hakim Haliwela, Nancy Silvana 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 Lestari, Tika Indah 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

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