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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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Upaya Memaksimalkan Kewang Laut Dalam Pelaksanaan Sasi Laut Novyta Uktolseja; Rory Jeff Akyuwen; Agustina Balik
AIWADTHU: Jurnal Pengabdian Hukum Volume 2 Nomor 2, September 2022
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/aiwadthu.v2i2.1089

Abstract

Introduction: Efforts to Maximize Kewang Laut in the Implementation of Sasi Laut and as an Effort to Improve Professionalism of Kewang Laut and Sasi Laut, are one of the factors where the community's dependence in this case is related to the protection of kewang in supervising and maintaining marine biota in the marine area of the indigenous peoples.Purposes of Devotion: The purpose of this service is to provide understanding to the community regarding Sasi Laut and Kewang Laut, To strengthen public understanding regarding efforts to maximize kewang Laut in the implementation of Sasi Laut, To socialize and provide understanding to the community about the efforts that can be done in preventing violations of the sea. marine law violation. Method of Devotion: In accordance with the problems and objectives of this service, the type of research used is empirical research, namely a legal research method that uses empirical facts taken from human behavior, both verbal behavior obtained from interviews and real behavior carried out through direct observation. The Problem Approach used is the Conceptual Approach, which is an approach in legal research that provides an analytical point of view of problem solving in legal research seen from the aspects of the legal concepts that lie behind it, or even can be seen from the values contained in the norm.Results of the Devotion: To create a customary law community that is good at utilizing its marine power, the role of kewang sea is needed in the implementation of sea sasi, so the right efforts to overcome the obstacles that hinder the process of optimizing kewang sea are: 1). increase a sense of love for Nature both sea and land. 2). Improving and Empowering Kewang Laut as a marine human resource. 3). Improving and Strengthening the role of kewang Laut. 4). Strengthening Security through Kewang Laut. Thus, the effort to maintain the role of the kewang Laut in its role and function is to be able to maintain and oversee marine biota or natural resources in the country which are the needs of indigenous peoples. For this reason, the customary institution which is the customary government must always be able to oversee every decision issued by the customary stakeholders.
Kedudukan Dan Hak Ahli Waris Terhadap Harta Warisan Menurut Kitab Undang – Undang Hukum Perdata Jessica Manuela Lewerissa; Barzah Latupono; Agustina Balik
TATOHI: Jurnal Ilmu Hukum Vol 2, No 12 (2023): Volume 2 Nomor 12, Februari 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i12.1458

Abstract

Introduction: If someone dies, then all of his rights and obligations are transferred or transferred to his heirs. Purposes of the Research: This writing aims to find out the position of the heir to the inheritance, to find out who is entitled to the inheritance left by.Methods of the Research: The research method is very important to get accurate data so that it is said to be a tool or a way to guide in conducting research.Results of the Research: In the event of the death of a person, which is a legal event, it also causes legal consequences in the management and continuation of the matters and obligations of a person who dies. In addition, the occurrence of a position and the rights of the heirs will have consequences in the position and rights of the heirs to the inheritance. In addition, when viewed from the four groups above, they inherit sequentially, namely first those who are called or act as heirs of group I, then only groups II, III, and IV. In connection with the case example, all of the heirs have the same position and rights over the inheritance of the heirs, even Out-of-Marriage Children can inherit by replacement of place or better known as in Dutch "plaatsvervulling" and Out-of-Marriage Children inherit part of the rights from their parents. who has died Thus the Civil Code does not recognize the difference between men and women, married or unmarried, adults or underage, all of whom are considered as heirs who have the same position and rights over part of the inheritance which is an inherited property. left by the heir. Thus, if viewed from the examples of the cases studied, it can be seen that all children of the descendants of their heirs are entitled to enjoy the inheritance because the heirs have 7 children, so each division gets 1/7 of the inheritance. In addition, it is also necessary to know that if the testator wants to give his property before he dies to one of his children, it should be given with a written will or made by an authorized official.
Responsibility Of The Tual City Government In An Effort To Protect The Copyrights Of Batik Kei Motives Agustina Balik; Yosia Hetharie; Novyta Uktolseja
Unram Law Review Vol 7 No 1 (2023): Unram Law Review(ULREV)
Publisher : Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ulrev.v7i1.260

Abstract

This study aims to identify and analyze the responsibilities of the Tual City government in providing legal protection in the field of intellectual property rights, especially copyright for Batik Kei motifs. This research is socio-legal research, which is a combination research method between doctrinal law research methods and empirical legal research methods. This research was conducted in Tual City, namely the Kei Batik Craftsman with the name Camelia Batik Kei. The types of data in this study are primary data and secondary data obtained through library research and interviews. Based on the results of the research, the Tual City government has an important role in providing copyright legal protection for Camelia Batik Kei's business. But in reality, although the Tual City government often displays Kei Batik motifs which incidentally elevate Kei customs and culture, from the aspect of copyright protection, the government has not given it at all. The entrepreneurs of Camelia Batik Kei are also not very aware of the importance of registering and protecting copyright laws for Kei Batik’s motives. Therefore, there is a need for socialization and cooperation with the local government of Tual City to provide copyright legal protection for Kei batik motifs.
Aturan Wajib Bagi Konsumen Menjadi Anggota Happy Kiddy Ditinjau Dari Hukum Perlindungan Konsumen Faliya Hakim; Theresia Louize Pesulima; Agustina Balik
TATOHI: Jurnal Ilmu Hukum Vol 3, No 1 (2023): Volume 3 Nomor 1, Maret 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i1.1550

Abstract

Introduction: Consumer protection is an integral part of healthy business activities.Purposes of the Research: The purpose of this study is to understand and find out the obligations for consumers, who are members of Happy Kiddy, legal protection that can be given to consumers directly and to find out the extent of the binding power of the standard clauses on consumers, who become consumers in places that apply standard clauses. Methods of the Research: The method used in analyzing and reviewing is normative juridical.Results of the Research: The results of this study indicate that the inclusion of a standard clause made by Happy Kiddy, there is a clause that is contrary to Law Number 8 of 1999 concerning Consumer Protection. The negative impact for consumers with the inclusion of standard clauses from Happy Kiddy is the obligation of consumers to become Happy Kiddy members, consumers are vulnerable to becoming victims of business actors due to their weak position. The form of legal protection for consumers related to the inclusion of standard clauses carried out by Happy Kiddy business actors is contained in Article 18 paragraph (3) of the UUPK. In addition, the form of consumer protection related to the inclusion of standard clauses through supervision is carried out by BPSK and the District Court.
Dampak Covid-19 Bagi Para Pihak Dalam Perjanjian E-Commerce Monalesya Dince Sapulette; Agustina Balik
TATOHI: Jurnal Ilmu Hukum Vol 3, No 4 (2023): Volume 3 Nomor 4, Juni 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i4.1794

Abstract

Introduction: One of the most important consumer rights is the right to comfort and safety in consuming goods and/or services. The emergence of the Covid-19 pandemic has become a challenge for consumers, both in consuming goods for their daily needs and services through e-commerce sales and purchase agreements. Therefore, the right of consumers to comfort and safety in consuming goods and/or services is based on Article 4 of Law No. 8 of 1999 concerning consumer protection during the Covid-19 pandemic.Purposes of the Research: This study aims to find out how consumer legal protection is during the Covid-19 pandemic and how the impact of Covid-19 on the parties in e-commerce agreements.Methods of the Research: In writing this thesis the author uses normative research methods, uses a factual approach and statutory approach. Normative legal research is also known as doctrinal legal research, and is then analyzed qualitatively descriptively in order to produce a conclusion.Results of the Research: Based on the research results obtained, that consumer protection is all efforts made to protect the interests and ensure legal certainty for consumers. In this effort, the rights and obligations of consumers and business actors cannot be separated. The Covid-19 pandemic has had a major impact on consumers' rights to comfort and safety in consuming goods and/or services in e-commerce agreements. Therefore, legal protection for consumers is needed both preventively and repressively so that every consumer's rights can be protected and their rights are maintained.
Registration of Copyright as Guarantee of Batik Motif Legal Protection (Comparation Study of Indonesia, Malaysia and Thailand) Agustina Balik; Yosia Hetharie; Novyta Uktolseja; Putri Anggia; Revivo Tulaseket
Journal of Indonesian Legal Studies Vol 8 No 1 (2023): Contemporary Issues on Indonesian Legal Studies: Capturing Law and Development in
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v8i1.61019

Abstract

This study aims to identify and analyze the legal protection of Kei batik motifs through copyright registration and the role of local governments in providing legal protection for these Kei batik motifs. This research is a sociolegal research, which is a combination research method between doctrinal legal research methods and empirical legal research methods. Based on the results of the research, Camelia Batik Kei's business raised batik motifs based on the philosophical customs and culture of the people of the Kei Islands. In the aspect of intellectual property rights, Batik Kei has not been touched at all either through the awareness of the business actors themselves or the local government. Even though the Kei Batik motif with the traditional and cultural characteristics of the Kei people is very promising from the aspect of business development, that's why legal protection through registration of intellectual property rights in the field of copyright is very important. The Government of Indonesia, should also play an important role in terms of contributing through mentoring and empowering businesses of this kind which of course do not only provide economic and moral benefits to creators but also to the region and the people of Kei. When compared to neighboring countries such as Malaysia and Thailand which also have works of art in the form of batik, Indonesia has a variety of batik motifs with different styles between regions. Therefore, good legal protection is needed so that it is not claimed by other parties or even other countries.
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

Abstract

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

Abstract

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

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

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.
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