Articles
<![CDATA[Pengambilan Rekaman dan Penyebaran Potongan Film Tanpa Hak ]]>
<![CDATA[Victoria Bianca Uruilal]]>;
<![CDATA[Rory Jeff Akyuwen]]>;
<![CDATA[Agustina Balik]]>
<![CDATA[ PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 2023 PATTIMURA Law Study Review ]]>
Publisher : <![CDATA[Faculty of Law Universitas Pattimura ]]>
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DOI: 10.47268/palasrev.v1i1.11172
<![CDATA[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.]]>
<![CDATA[Pelabelan Produk Pangan Yang Mengandung Bahan Rekayasa Genetik ]]>
<![CDATA[Neng Melly Senisa]]>;
<![CDATA[Rory Jeff Akyuwen]]>;
<![CDATA[Agustina Balik]]>
<![CDATA[ PATTIMURA Law Study Review Vol 1 No 2 (2023): Desember 2023 PATTIMURA Law Study Review ]]>
Publisher : <![CDATA[Faculty of Law Universitas Pattimura ]]>
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DOI: 10.47268/palasrev.v1i2.11788
<![CDATA[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.]]>
<![CDATA["JUSTICE ASPECTS IN THE OUTSOURCING WORK AGREEMENT IN THE MIDDLE OF THE COVID-19 PANDEMIC" ]]>
<![CDATA[Agustina Balik]]>;
<![CDATA[Novyta Uktolseja]]>
<![CDATA[ SASI Vol 27, No 2 (2021): Volume 27 Nomor 2, April - Juni 2021 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/sasi.v27i2.452
<![CDATA[Many businessmen stated that it was difficult to survive during the Covid-19 pandemic situation which resulted in them having made layoffs, even providing unpaid leave or being sent home. This was done solely so that the company could survive the Covid-19 pandemic. Related to the Covid-19 pandemic problem which resulted in workers being laid off and sent home, it is deemed that it does not fulfill a sense of justice for the workforce. This is because the layoffs given to workers are felt to be very sudden, especially since workers do not make mistakes that could harm the company. Therefore, the aim of this research is to study and analyze aspects of fairness in outsourcing work agreements in the midst of the Covid-19 pandemic. The method used in this study is a normative juridical method using primary and secondary legal materials through a statute approach and a conceptual approach. The existing legal materials are then analyzed qualitatively in order to answer the existing problems. The results show that if the principles of justice put forward by the principles governing the state of workers who are laid off and sent home during the Covid-19 pandemic, then they should be treated fairly, so as to fulfill a sense of justice for the workforce. The respect given by the company to the workforce by giving what is rightfully the workforce can proportionally make the workforce accept the company's decisions gracefully, even though this is not in accordance with the work agreement that has been previously agreed. This can be applied and implemented that the Covid-19 pandemic is an overmacht, which cannot be avoided by anyone.]]>
<![CDATA[IMPLEMENTASI PENERAPAN PASAL 38 UNDANG-UNDANG NOMOR 28 TAHUN 2014 TENTANG HAK CIPTA SEBAGAI UPAYA PERLINDUNGAN HUKUM KARYA SENI BATIK ]]>
<![CDATA[Agustina Balik]]>
<![CDATA[ SASI Vol 21, No 1 (2015): Volume 21 Nomor 1, Januari - Juni 2015 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/sasi.v21i1.318
<![CDATA[Batik has a strong background with the nation and the people of Indonesia in all fields and forms of culture and everyday life. Copyright Act No. 28 of 2014 Section 38 (1) which stipulates that copyright to the traditional art of batik in Indonesia, the copyright is held by the state. During the system has not been formed for the protection of Traditional Knowledge, clearly, the whole intellectual creations are based on tradition can refer to the provisions in the UUHC. The protection provided is not confined to the art of batik, but also for folklore and all works of popular culture that became property of the people Indonesia. Indonesian government to provide legal protection to folklore including the art of batik to prevent monopolistic practices or the commercialization and actions damaging or commercial use without permission of the Republic of Indonesia as a copyright holder. This effort is intended to avoid any action that could damage the foreign party of Indonesia's traditional cultural values.]]>
<![CDATA[PENGARUH PERDAGANGAN BEBAS AFTA DAN ACFTA BAGI INDUSTRI DALAM NEGERI ]]>
<![CDATA[Agustina Balik]]>
<![CDATA[ SASI Vol 21, No 2 (2015): Volume 21 Nomor 2, Juli - Desember 2015 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/sasi.v21i2.186
<![CDATA[ASEAN Free Trade Area (AFTA) is a form of trade cooperation ASEAN region in the form ofan agreement to create a situation that is balanced and fair trade through tariff reduction ingoods trade where there is no tariff barriers (import duty 0-5%) and non-tariff barriers forcountry- ASEAN member countries. ACFTA is a free-trade area between ASEAN members andChina. Indonesia as one of the ASEAN member countries still have some obstacles that showsour unpreparedness to face AFTA, which are: in terms of law enforcement, agencies shouldparticipate facilitate trade and business world often appears to be even indicted for corruption. AFTA brings a number of advantages, namely goods originally manufactured with high costs will be obtained consumers with cheaper prices and a region fully integrated together, the ASEAN region will be more attractive as investment land. What to do Indonesia in order to properly facing AFTA and ACFTA and to compete with other countries are: Promotion and market penetration, increase in efficiency of domestic production, Improved quality of human resources, protection of small industries, and efforts to improve the competitiveness of the agricultural sector]]>
<![CDATA[TANGGUNGJAWAB PENGUSAHA PELAYARAN DALAM PERJANJIAN KERJA LAUT (PKL) TERKAIT DENGAN JAM KERJA ]]>
<![CDATA[Agustina Balik]]>
<![CDATA[ SASI Vol 22, No 2 (2016): Volume 22 Nomor 2, Juli - Desember 2016 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/sasi.v22i2.164
<![CDATA[The role of the Sea Working Agreement is very important as a legal umbrella thatprotects the crew. By not including the clause on working hours in the Sea Work Agreement,sometimes the crew may work beyond the prescribed hours of work even if their breaks arereduced if at that time there is urgent work to be done and can not be abandoned. Likewise onholidays every week or official holidays they never enjoy. This has an impact on wagepayments that are inconsistent with working hours and over-hours of crew work. The research method used is normative legal research method to study the aspect ofresponsibility of shipping businessman to Sea Working Agreement which is expected toprovide guarantee of Legal Protection for crew related to working hours. The responsibility ofthe shipping businessman is to make a Sea Working Agreement in accordance with theprovisions of articles 399 and 400 of the Criminal Code, subject to Article 401 KUHD inrelation to the contents of the Sea Work Agreement. Implementation of this responsibility willcreate legal protection for the crew of the vessel in respect of the wages they receive inaccordance with the imposition of working hours specified in Government Regulation Number7 of 2000 on Marine Affairs. Syahbandar must be proactive in paying attention to the makingof the Sea Working Agreement, by reviewing and analyzing the existing clauses so that therights of the crew may be clearly stated in the Sea Working Agreement.]]>
<![CDATA[Tanggungjawab Pemerintah Dan Pelaku Usaha Makanan Siap Saji Terkait Penggunaan Wadah Plastik Yang Berbahaya Bagi Konsumen Di Kota Ambon ]]>
<![CDATA[Agustina Balik]]>;
<![CDATA[Vica Jilyan Edsti Saija]]>
<![CDATA[ SASI Vol 23, No 2 (2017): Volume 23 Nomor 2, Juli - Desember 2017 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/sasi.v23i2.103
<![CDATA[Plastic containers are the most popular food packaging materials used. Many businesses choose plastic as a container for their products, because the plastic has excellent properties such as: strong but light, practical, cheap and not out of date. Though it use is very dangerous because can happen migration of chemicals from plastic to food wrapped especially in the heat. The role of BPOM (Food and Drug Supervisory Agency) and the Office of Industry and Trade on Consumer Protection has not been effective in socializing the dangers of using plastic as a food packaging container. The research method used is the normative juridical research method to examine the legal material, the provisions of positive law, legal principles, legal principles and legal doctrine to answer the legal issues faced. The form of supervision is part of the function and at the same time is the responsibility of BPOM and the Office of Industry and Trade in the field of Consumer Protection in an effort to provide protection to the community. demanded knowledge and awareness of business actors in choosing containers used to wrap food to be purchased by consumers. Responsibility on the basis of an error may be imposed on a business actor if the business actor makes a mistake that harms another person. While the absolute responsibility of direct business actor is responsible as business risk. Therefore, for a business actor who uses a plastic container that is harmful to human safety, he or she may be held liable for damages]]>
<![CDATA[Pentingnya Penggunaan Merek Untuk Produk Makanan Ringan (Keripik) Bagi Masyarakat ]]>
<![CDATA[Teng Berlianty]]>;
<![CDATA[Agustina Balik]]>;
<![CDATA[Triska Demmatacco]]>
<![CDATA[ Jurnal Pengabdian Hukum Indonesia (Indonesian Journal of Legal Community Engagement) Vol 5 No 1 (2022): Indonesian Journal of Legal Community Engagement ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/jphi.v5i1.50423
<![CDATA[The use of brands on the packaging of snack products (chips) to mark the product, as a means of promotion, to show the quality of the product and the origin of the product. Legal counseling on trademarks was delivered by a lecturer in the civil section of the Unpatti Faculty of Law to the Wotay Village community as an effort to provide education on the importance of using brands. In addition, using a mark provides guarantees of legal protection for business actors/mark owners through online trademark registration at the Ministry of Law and Human Rights, Directorate General of Intellectual Property Rights.]]>
<![CDATA[The Effects of Trademark Registration for MSMEs ]]>
<![CDATA[Balik, Agustina]]>;
<![CDATA[Tjoanda, Merry]]>;
<![CDATA[Sopamena, Ronald Fadly]]>
<![CDATA[ Batulis Civil Law Review Vol 4, No 2 (2023): VOLUME 4 ISSUE 2, NOVEMBER 2023 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/ballrev.v4i2.1772
<![CDATA[Introduction: Trademark rights are exclusive rights granted by the state to trademark owners who are registered for a certain period by using the brand themselves or by giving permission to other parties to use it. Based on Article 3 of Act No. 20 of 2016 Regarding Trademarks and Geographical Indications, it states that trademark rights are obtained after the Brand is registered. Thus, registration is a requirement to obtain legal protection in the field of Trademarks in the field of IPR. The presence of MSMEs in improving the national trade must be supported by the application of laws that function to protect and provide investment guarantees as wide as possible. Purposes of the Research: In the Maluku province, based on data owned by the Maluku Province Cooperatives and MSME Office, many MSMEs have used brands on their business products, but only a few have registered their brands. Factors that influence MSMEs not to register their trademarks are the lack of knowledge and information about the importance of trademark registration. Even though seen from the prospects for MSME businesses in the Maluku province, it is very promising to be able to compete in national and international trade markets.Methods of the Research: The research method used in this study is normative juridical with the nature of the research, namely analytical descriptive. The problem approach used is a statutory and conceptual approach. The analysis of legal materials used is a literature analysis supported by additional data obtained in the field.Results of the Research: Efforts to create IPR-based development strategies is a new challenge for the government to make as a reality. The government's role is very important in spurring and activating MSMEs business actors in managing and implementing marketing strategies that can increase selling power and healthy competitiveness. Registration of trademarks in order to obtain intellectual property rights protection must be a top priority in creating intellectual property-based development. Counseling and outreach regarding the importance of legal registration of marks must be carried out from now on. Not only that, but the process of assisting MSMEs in the registration process must also be carried out, so that the counseling and legal outreach that has been carried out produces results. The advantage that can be obtained by MSMEs if their trademark is registered is the legal protection provided by the state to them, so that there will be no open gaps for other business actors to take advantage of said trademarks.]]>
<![CDATA[Perlindungan Hukum Bagi Konsumen Jual Beli Pakaian Bekas Di Kota Ambon ]]>
<![CDATA[Latuconsina, Moh Fadly]]>;
<![CDATA[Berlianty, Teng]]>;
<![CDATA[Balik, Agustina]]>
<![CDATA[ TATOHI: Jurnal Ilmu Hukum Vol 3, No 12 (2024): Volume 3 Nomor 12, Februari 2024 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/tatohi.v3i12.2109
<![CDATA[Introduction: There are lots of used clothes being traded in markets and through online shops in the city of Ambon. These consumer rights can be violated by the seller if the consumer unknowingly sees the sale of imported used clothing which is rife in the domestic market to buy clothes that contain lots of bacteria.Purposes of the Research: This study aims to examine the forms of legal protection for consumers for buying and selling used clothing and the responsibility of business actors for consumers of used clothing who are harmed in terms of health.Methods of the Research: The type of research used is normative, 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 form of legal protection for consumers for buying and selling used clothes is by issuing Law no. 8 of 1999 concerning consumer protection is meant to be a strong legal basis for the government and consumer protection agencies as an effort to empower consumers through fostering and protecting all buying and selling activities that are detrimental to consumers, in this case used clothing illegally smuggled into various regions without regard to the adverse effects of the used clothes. The responsibility of business actors to consumers of used clothes who are harmed in terms of health. The responsibility of business actors can be requested when business actors violate consumer rights and commit acts that are prohibited according to Article 8 of Law Number 8 of 1999 concerning Consumer Protection, namely business actors are prohibited from trading goods that damaged, defective or used, and polluted without providing complete and correct information on the goods in question.]]>
