Article Per Year (5 Year)
p-Index From 2021 - 2026
6.027
P-Index
This Author published in this journals
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

Published : 46 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 46 Documents
Search

 1   2   3   4   5 
Keterlibatan Pihak Ketiga Dalam Perjanjian Pinjaman Online Leluly, Hervy Welem; Pesulima, Theresia Louize; Balik, Agustina
PATTIMURA Law Study Review Vol 3 No 1 (2025): April 2025 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v3i1.19804

Abstract

Financial Services Authority Regulation Number 10/POJK.05/2022 concerning Information Technology-Based Joint Funding Services, in Article 44 paragraph (1) letter c states that: "Organizers are obliged to guarantee that the acquisition, use, utilization and disclosure of personal data, transaction data and financial data obtained by the organizer based on the consent of the owner of the personal data, transaction data and financial data, unless specified by statutory provisions. However, in online loan transactions it is often found that a third party is involved as an emergency contact unilaterally, which is done by using personal data in the form of name and telephone number without prior approval and usually the third party is considered a guarantor for the loan made. The type of research used in this writing is normative juridical legal research using a statutory approach and a conceptual approach. The legal materials used are primary, secondary and tertiary legal materials. Analysis of legal materials is carried out qualitatively, namely the materials that have been collected are then analyzed to answer the problems that occur. The research results show that a third party cannot be used as a guarantor for the debtor's debt if there is no guarantee agreement between the third party and the debtor. The third party is only limited to reminding the debtor of the bill. And creditors have no right to collect and intimidate third parties. The protection that can be provided for misuse of third party personal data added unilaterally is through a lawsuit against the law under Article 1365 of the Civil Code and the creditor can report it to the Financial Services Authority (OJK).
Penerapan Prinsip Due Care Oleh Produsen Terhadap Peredaran Obat Di Masyarakat Amtsal, Abdul; Pesulima, Theresia Louize; Balik, Agustina
PATTIMURA Law Study Review Vol 3 No 1 (2025): April 2025 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v3i1.19808

Abstract

Due care principle or the principle of prudence is a principle that must be applied by producers in producing goods or services in order to ensure that the products produced are really safe for consumption. In addition, Article 8 of the Consumer Protection Law stipulates that business actors are prohibited from producing goods or products that are detrimental or even endanger others. However, in reality there are several pharmaceutical companies that produce syrup drugs that contain Harmful compounds and have already spread among the community causing great losses and threatening consumer lives. So, it is interesting to research from the perspective of applying the Due Care Principle to these problems. The purpose of this study is to find out and explain the application of the due care principle by manufacturers to the circulation of drugs in the community as well as the responsibility of manufacturers for syrup drugs containing harmful compounds. The research method used in this writing is a normative juridical research method with a legislative approach, a case approach and a conceptual approach, to answer the problems raised. The results of this study can be concluded that the application of the Due Care Principle by manufacturers to drug circulation in the community underlines the importance of manufacturers being more careful in maintaining quality and safety in producing and distributing drugs. This includes testing and surveillance, reporting and transparency, distribution chains, and vigilance against contamination of a drug product. And manufacturers who produce syrup drugs containing harmful compounds can be requested strict liability based on Article 19 of the Consumer Protection Law.
Perlindungan Hak Ekonomi Pencipta Dan Pemegang Hak Cipta Atas Pemutaran Musik Atau Lagu Di Kafe Dan Restoran Talahatu, Reylandho Cornelius; Berlianty, Teng; Balik, Agustina
KANJOLI Business Law Review Vol 1 No 2 (2023): Desember 2023 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.v1i2.11609

Abstract

Commercially playing music or songs in cafes and restaurants by these business actors are required to pay royalties as regulated in Government Regulation No. 56 of 2021. However, quite a few business actors are still currently refusing and not paying royalties for certain reasons, This act of not paying royalties of course violates the exclusive rights in the form of economic rights of the creator or copyright holder and causes economic losses for the creator or copyright holder. This research uses a normative juridical research method with the legal materials used, namely primary legal materials, secondary legal materials and tertiary legal materials. Data collection techniques were carried out through literature study and analyzed using qualitative methods to answer the problems in this research. The results of this research can be concluded that business actors who play music or songs commercially in cafes and restaurants and do not pay royalties have violated the economic rights of creators and copyright holders. The legal consequences of violations of economic rights, as regulated in Government Regulation No. 56 of 2021 and Law No. 28 of 2014, are that creators or copyright holders can file lawsuits and can be subject to compensation fines or imprisonment for business actors who do not pay royalties. It is necessary to expand the reach of LMKN and improve infrastructure so that it can reach small areas, as well as for creators to be able to immediately register their creations to make it easier for LMKN to manage royalties and avoid Copyright violations and to make it easier to resolve problems related to Copyright.
Akibat Hukum Penggunaan Potret Idol Dalam Bentuk FanArt Pada Sampul Novel Lefumonay, Imelda; Berlianty, Teng; Balik, Agustina
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.v2i2.16280

Abstract

Reading activities in today's digital era are increasingly accessible thanks to the abundance of information and communication. Access to a wide range of reading materials can now be done anywhere and anytime. One of the trends that has emerged in the publishing of fiction novels in Indonesia is the use of K-pop idol themes on book covers, especially those that have been registered with ISBNs. The covers of these novels often feature portraits of idols produced through fanart, tracing or other digital methods. For example, a novel called Hidden 2.O by Asabell Audida features the faces of EXO's Chanyeol and BTS's Jungkook drawn with vector techniques. However, this act of commercialization has the potential to violate the economic rights stipulated in Article 12 Paragraphs (1) and (2) of the UUHC, both for the idol concerned and the agency that oversees it. The research method used is juridical-normative with the approach used in this study being a conceptual approach and a statute approach. To answer the existing problems, the author collects legal materials through literature study and analysis with qualitative analysis methods. The results of the research regarding the use of images of Chanyeol from EXO and Jungkook from BTS as the cover of a novel by Asabell Audida without obtaining permission show that there is an unlawful act, which according to Article 9 Paragraph (2) of the UUHC the use of portraits for commercial purposes without the consent of the creator or copyright holder is a violation of the law. Therefore, fan artists who sell their works without permission can be considered to have committed an illegal act. And the legal consequences can be for the writer and also the legal consequences for the sale of the novel can be up to the revocation of the sales license.
Larangan Impor Pakaian Bekas Sinmiasa, Tirza Christin Luciana; Balik, Agustina
KANJOLI Business Law Review Vol 3 No 1 (2025): Juni 2025 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.v3i1.22701

Abstract

Clothing is a basic human need that serves not only a physical function but also carries psychological and social dimensions reflected in the phenomena of fashion and brands as symbols of status. The import of branded used clothes in the context of globalization is a trend in Indonesia because of its more affordable prices. However, since the issuance of the Minister of Trade Regulation Number 51/M-DAG/PER/7/2015, the import of used clothing has been prohibited in order to protect the national textile industry and prevent the spread of diseases. This study aims to analyze the import procedures based on the Minister of Trade Regulation Number 40 of 2022 concerning Prohibited Export Goods and Prohibited Import Goods, as well as to examine the legal consequences for importers who distribute secondhand clothing to business actors. The research method employed is normative legal research with a descriptive-analytical approach. The results show that the regulation serves as an important instrument for controlling the flow of imported goods, particularly secondhand items, as a form of the government’s commitment to protecting national interests, maintaining economic growth, and ensuring environmental safety and sustainability. Importers are required to comply with the applicable legal provisions and quality standards. Violations of the prohibition on importing used clothing may result in imprisonment of up to five years and/or a maximum fine of five billion rupiahs. Based on the Consumer Protection Law, additional sanctions may include imprisonment of up to five years or fines of up to two billion rupiahs. Law enforcement measures are carried out through the destruction of illegal goods, business termination, and revocation of trade licenses.
Penggunaan Karya Cipta Lukisan Joan Mitchell Pada Katalog Louis Vuitton Sebagai Bentuk Pelanggaran Hak Moral Lestari, Tika Indah; Haliwela, Nancy Silvana; Balik, Agustina
PATTIMURA Law Study Review Vol 3 No 2 (2025): Agustus 2025 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v3i2.14344

Abstract

Currently, there are still many copyright violations, one of which is the violation of copyright for works of art. Even globally, there are still copyright violations, as experienced by a well-known painter in the field of American art and graphics whose injury was used as a backdrop for the catalog of one of the well-known brands, namely Louis Vuitton. The painting was used without permission from the copyright holder. Not only that, Louis Vuitton also did not mention the name of the creator when using Joan Mitchell paintings. According to the law in force in Indonesia, painting is a branch of fine art whose existence is protected as stated in Article 40 Paragraph (1) letter f of the law number 28 of 2014 concerning copyright.
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