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All Journal Abdimas Jurnal Jatiswara Batulis Civil Law Review TATOHI: Jurnal Ilmu Hukum AIWADTHU: Jurnal Pengabdian Hukum LUTUR Law Journal PATTIMURA Law Study Review SASI KANJOLI Business Law Review
Akyuwen, Rory Jeff
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Arts Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Community Understanding of the Pawn Agreement for Village Products in the Rumahkay of West Seram Berlianty, Teng; Akyuwen, Rory Jeff; Hetharie, Yosia
Jurnal Abdimas Vol 27, No 2 (2023): December 2023
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/abdimas.v27i2.48168

Abstract

The PKM activity with the title " Community Understanding of the Pawn Agreement for Village Products in the West Part of Rumahkay Seram " aims to: (1). Implementing the results of previous research with problems regarding the implementation of hamlet pawn agreements in Laimu Country, Central Maluku and the legal consequences, (2). As a form of education and increasing legal understanding, especially in the field of contracts (agreements) for the people of Rumahkay Country, West Seram Regency . This PKM uses an implementation method in the form of legal education activities carried out in a panel by the presenters, which is then followed by question and answer activities between the community and the presenters. In implementing PKM activities, it was found that the system of pawning hamlet products in Rumahkay Country was carried out in the form of an oral agreement based on trust. This often leads to legal problems because one party can deny the agreement on the grounds that there is no evidence. Therefore, it is recommended to the people of Rumahkay Country to be able to implement a system of pawning village products in the form of a written agreement to avoid various legal problems in the future in the form of default by other parties.
The Principle of Good Faith In Transactional Agreements In The Community of West Seram Regency Akyuwen, Rory Jeff; Panjaitan, Wijaya Natalia; Nabila, Syadzwina Hindun
Batulis Civil Law Review Vol 4, No 2 (2023): VOLUME 4 ISSUE 2, NOVEMBER 2023
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/ballrev.v4i2.1842

Abstract

Introduction: In the western Seram Regency, in some contracts made by the people of Wasia and Rumahkay villages, there is an imbalance in the implementation of contracts where contracts that occur most often are oral contracts in addition to written contracts, where each contract made often does not fulfill the elements of Article 1338 of the Civil Code which contains the principle of good faith.Purposes of the Research: to find out how The Principle Of Good Faith In Transactional Agreements In The Community Of West Seram Regency.  Methods of the Research: This Study Case uses sociolegal research, which is a combination research method between doctrinal legal research methods and empirical legal research methods. Results of the Research: The consequences of the existence of the principle of bad faith in the agreement being canceled because it did not fulfill the subjective requirements in the agreement. The solution is the need for encouragement for the Village Government as a Transactional Agreement Deed Facilitator as a preventive measure to reduce the inequality of agreements. In addition, there is a need for a standardized agreement format provided by the village government to meet the transactional needs of the community.
Bank Credit Restructuring for Micro, Small and Medium Enterprises Due to the Covid-19 Pandemic Berlianty, Teng; Akyuwen, Rory Jeff; Tas’an, Darma Perdana
Batulis Civil Law Review Vol 4, No 1 (2023): VOLUME 4 ISSUE 1, MAY 2023
Publisher : Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/ballrev.v4i1.1497

Abstract

The presence of the corona virus or coronavirus disease 2019 (Covid-19) has an impact on all aspects of human life, including in the fields of financial institutions and banking. The aim of this research is to examine the legal protection for debtors of Micro, Small and Medium Enterprises due to the Covid-19 pandemic in Ambon City, as well as the criteria for debtors of Micro, Small and Medium Enterprises who meet the credit restructuring requirements due to the Covid-19 pandemic. The method used in this study is a normative juridical method with a statutory approach and a conceptual approach. The legal materials studied consisted of primary legal materials, secondary legal materials, and tertiary legal materials through literature studies which were then analyzed qualitatively. Results of the Research, he implementation of credit agreements between banking institutions and debtors of Micro, Small and Medium Enterprises in Ambon City due to the Covid-19 pandemic is affected by the Covid-19 pandemic. Legal protection is carried out based on government policies through credit restructuring efforts for debtors who have difficulty fulfilling their obligations, which are carried out among others by reducing credit interest rates, extending credit terms, reducing loan interest arrears, reducing loan principal arrears, adding credit facilities. The criteria for debtors of Micro, Small and Medium business debtors who meet the requirements for credit restructuring due to the Covid-19 pandemic consist of 2 main criteria, namely the business of the debtor is indeed affected by the Covid-19 pandemic, and also the debtor's good faith in paying off credit installments.
Perlindungan Hak Cipta Film Terhadap Konten Spoiler di YouTube Sipahutar, Mulia Risky; Akyuwen, Rory Jeff; Sopamena, Ronald Fadly
TATOHI: Jurnal Ilmu Hukum Vol 4, No 3 (2024): Volume 4 Nomor 3, Mei 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i3.2140

Abstract

Introduction: Nowadays, the use of social media is often used as a forum for channeling a creative work. One of the media that is widely used is YouTube. This is because youtube provides economic benefits to creators who want to participate in sharing their copyrighted works. With the development of social media and the ease of sharing the copyrighted work gave rise to many forms of copyright infringement circulating on YouTube.Purposes of the Research:  The purpose of this study is to know and understand copyright infringement committed by spoiler creator content on Youtube and legal protection for movie creators from spoiler content on YouTube.Methods of the Research: The research method used is normative juridical, the problem approach used in the research is a statutory approach and a conceptual approach. The sources of legal materials used are primary, secondary, and tertiary legal materials. The technique of collecting legal materials carried out in this study with library research, then analyzed using qualitative methods.research Results of the Research: Based on research, currently the act of copyright infringement of spoiler creators' movies is rampant on YouTube. This action arises due to several factors, including low law enforcement against content that violates copyright, and the rapid development of information technology so that there is always a gap to spread content that violates copyright. The solution to copyright infringement is to close access or block content and active socialization from the government and social society regarding the importance of respecting and appreciating every copyrighted work that exists.
Perlindungan Hukum Terhadap Hak Kekayaan Desain Industri Yang DiTiru Dan Diedarkan Tanpa Izin Lainsamputty, Marcia; Akyuwen, Rory Jeff; Narwadan, Theresia Nolda Agnes
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.v2i1.13779

Abstract

ABSTRACT: One branch of IPR that is experiencing very rapid development and is very useful is industrial design. The legal protection given to designers by Law Number 31 of 2000 apparently cannot protect designers. In the first case, the plaintiff, as the owner of a registered industrial design, filed a lawsuit because his industrial design was used without permission and this lawsuit was granted by the District Court. However, in the second case of the plaintiff who had registered his industrial design to be used without permission by the defendant, his lawsuit was rejected by the Commercial Court. The research method used in this research is normative research carried out using a statutory approach and a conceptual approach. The sources of legal materials used are primary, secondary and tertiary legal materials, and the legal material analysis techniques used are qualitative in nature. The results show that: 1) Legal protection for a design will be obtained if it meets the requirements of the industrial design law. The object of industrial design legal protection is industrial designs that are new (novelty) and that have been registered with the Directorate General of Intellectual Property Rights. This means that only industrial designs that are novel can be given legal protection. 2). Liability for violations, such as imitation, use, manufacture, sale, import, export and/or distribution of goods granted industrial design rights. Registered designs can be executed inside or outside the Court. The industrial design right holder or licensee can sue the party who imitates the design, by suing the Commercial Court at the District Court.
Perlindungan Data Pribadi Konsumen Lazada Dalam Transaksi E-Commerce Simarmata, Rikson; Akyuwen, Rory Jeff; Pesulima, Theresia Louize
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.v2i1.13786

Abstract

ABSTRACT: The problem in this thesis is about the negligent actions of business actors in protecting consumers' personal data in Lazada E-Commerce Transactions. Based on Law No. 11 of 2008 concerning ITE Article 26 Paragraph 1, it can be seen that the use of any information via electronic media that concerns a person's personal data must have the consent of the person concerned. This research aims to ensure that every business actor who carries out e-commerce transactions is careful in disseminating consumer personal data, and every business actor is required to first obtain permission from the consumer concerned before disseminating personal data. The method used in this research is normative juridical with a statutory approach and a conceptual approach. The legal materials used are primary and secondary legal materials which are analyzed qualitatively to answer the problems studied. Based on this research, Lazada consumer personal data protection in e-commerce transactions consists of preventive protection and repressive legal protection. Preventive protection carried out by the government is monitoring and checking the suitability of electronic systems and internal arrangements for electronic system operators to prevent losses from occurring to consumers who carry out e-commerce transactions. Repressive Protection is in the form of compensation for losses caused by leakage of consumers' personal data by business actors. Efforts to resolve disputes consist of two channels, namely litigation (court) to sue for compensation and non-litigation channels with alternative dispute resolution in the form of negotiation, mediation, conciliation, expert opinions and arbitration.
Perlindungan Konsumen Atas Hak Informasi Produk Endorsement Oleh Influencer Atau Selebgram Melalui Media Sosial Mochtar, Putri Aprilia; Akyuwen, Rory Jeff; Labetubun, Muchtar Anshary Hamid
LUTUR Law Journal Vol 5 No 2 (2024): November 2024 LUTUR Law Journal
Publisher : Program Studi Hukum Diluar Kampus Utama Universitas Pattimura Kabupaten Maluku Barat Daya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/lutur.v5i2.16172

Abstract

A trending advertising method is utilizing influencers on the Instagram platform, or often referred to as "celebrities". This concept is known as endorsement. It cannot be denied that currently there is a lot of illegal skincare and cosmetics circulating in society. There are even some illegal products that are promoted by influencers on social media platforms, where consumers are at risk of experiencing side effects due to the use of these products. Of course, this is contrary to the consumer protection law, Article 17 of the UUPK prohibits business actors from creating advertisements that mislead consumers about the quantity and quality of goods, and even the risks associated with their use. This research aims to find out how consumers are legally protected against endorsement product information promoted by celebs via social media. The research method used is normative juridical, using a statutory approach and a conceptual approach, the legal materials used are primary, secondary and tertiary. Collecting legal materials using literature study, and then analyzing them using qualitative analysis techniques. The results of this research show that legal protection for consumers, if there are consumers who suffer losses caused by business actors, legal regulations have provided a way for consumers to fight for their rights, legal protection for consumers is divided into two, namely preventive (preventing violations) and Repressive (which is the final stage) where business actors who are product endorsers or are endorsed influencers who carry out promotions and create advertising content through social media, have responsibilities based on the UUPK, Civil Code and Health Law. However, this requires the awareness of every consumer to actively defend their rights so that these are not violated by business actors who commit fraud when selling their products via online media.
Pembatalan Sepihak Oleh Penjual Dalam Perjanjian Jual Beli Online Lasut, Tesalonica Heavenly; Akyuwen, Rory Jeff; Kuahaty, Sarah Selfina
TATOHI: Jurnal Ilmu Hukum Vol 4, No 7 (2024): Volume 4 Nomor 7, September 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i7.2463

Abstract

Introduction: At first, the community carried out conventional buying and selling transactions where the sellers and buyers met face to face. However, with the very rapid development of technology, modern society is more inclined to carry out buying and selling transactions online without face-to-face meetings. This has a positive but also negative impact due to the fact that what is happening with the development of online buying and selling transactions triggers the emergence of unscrupulous people who take advantage of this situation. Among them are related to the seller who sometimes terminates the agreement by unilaterally canceling the buyer who has made a payment transaction for an item or product being traded.Purposes of the Research:  The purpose of this study is to find out and examine whether the unilateral cancellation by the seller is an act of default and what are the legal remedies against the buyer who is harmed by the seller's unilateral cancellationMethods of the Research: This research is a normative juridical. The approach used in this research is the statute approach and the conceptual approach. The sources of legal materials are primary, secondary and tertiary where the collection of legal materials is carried out using library research. Furthermore, it is analyzed qualitatively by processing, analyzing and constructing the results as a whole so that in the end it can answer the problems studied.Results of the Research: The results of this study indicate that the cancellation of online buying and selling agreements unilaterally by the seller against the buyer is an act of default because the seller does not have the effort to fulfill the achievements or obligations that should be carried out in accordance with the rules in force in Article 7 of Law Number 8 of 1999 concerning Consumer Protection where the seller do not fulfill their achievements at all and are declared negligent in fulfilling their achievements. The process of resolving consumer disputes can be resolved through two channels, namely through litigation with lawsuits to court and non-litigation through the Consumer Dispute Settlement Agency (known as BPSK) through conciliation, mediation or arbitration and the Non-Governmental Consumer Protection Agency (known as LPKSM).
Perlindungan Hukum Terhadap Konsumen Atas Produk Pangan Kemasan Yang Tidak Memiliki Label Nurdin, Ningsi; Akyuwen, Rory Jeff; Labetubun, Muchtar Anshary Hamid
TATOHI: Jurnal Ilmu Hukum Vol 4, No 4 (2024): Volume 4 Nomor 4, Juni 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i4.2432

Abstract

Introduction: The expiry date of a food and beverage product in the form of the date, month and year of storage of the food and beverage product is printed on the packaging label which is intended to inform consumers about the product consumed. Includes expiration dates that are useful to consumers, retailers, sellers and manufacturers. Adding expiration dates to food gives consumers clear information about product safety, allows traders and sellers to manage inventory of traded products, and allows manufacturers to know the product warranty period after it has been produced.Purposes of the Research: The purpose of writing carried out by the author is to find out the effect of consumer buying interest on packaged food products that do not have labels and to know and explain how consumers protect packaged food products that do not have labels.Methods of the Research: The research method used by the author in this study is normative juridical where research is carried out to obtain data through library studies, namely various literature and scientific materials, brochures and so on.Results of the Research: The results of the study indicate that packaging can influence consumer interest in buying. If we look at it now, it's not only the large food industry products that are starting to intensively create attractive packaging innovations, this has also begun to be followed by MSME business actors or home industries. Labels help consumers to obtain product information for the benefit and welfare of consumers. With this packaged information, it will reduce the losses that consumers get. The benefit of including the correct label or information on the package is to provide knowledge to the parties concerned with the item. With this article to protect consumers, in order to balance the potential awareness that is built in the relationship between business actors and consumers. And to improve the quality and quality of merchandise properly
Wasiat Wajibah Bagi Ahli Waris Yang Bukan Beragama Islam Soulisa, Mohammad Ibrahim Sidik; Akyuwen, Rory Jeff; Latupono, Barzah
TATOHI: Jurnal Ilmu Hukum Vol 4, No 10 (2024): Volume 4 Nomor 10, Desember 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i10.2799

Abstract

Introduction: Compulsory will is defined as an action taken by a ruler or judge as a state official to compel or give a mandatory will decision for a person who has died, which is given to certain people under certain circumstances.Purposes of the Research: The purpose of this research is to find out and explain how the legal provisions for mandatory wills are regulated in Islamic law, to analyze and discuss the legal consequences of granting a mandatory will for heirs who are not Muslim.Methods of the Research: The type of research used is normative juridical research or library law research, with the type of research being analytical descriptive, the data obtained from normative juridical research is then analyzed and drawn. Using three approaches, namely the Legislative Approach, Case Approach, and Conceptual Approach.Results of the Research: Based on the results of the research carried out, the answer obtained is that there is a legal vacuum regarding the regulation of Wajibah Wills for heirs of different religions in the Compilation of Islamic Law which is used as a legal loophole, then it is necessary to immediately update the Compilation of Islamic Law which will later contain further regulations regarding prohibitions on giving Wajibah will for heirs of different religions so that unity and legal certainty in Islamic inheritance can be realized. Granting a Wajibah Will for Muslim heirs is still possible because it is based on a sense of justice and due to the same religion as the heir, but Wajibah Wills for non-Muslim heirs should not be granted because based on the interpretation of Article 171 letter (c) Compilation of Islamic Law, differences Religion has become an agreement among the ulama to be an obstacle to inheritance. So the concept of a Wajibah Will which takes 1/3 of the inheritance cannot be applied to non-Muslims because they do not have the right to receive an absolute share of the inheritance.
Co-Authors Al Idrus, Rizki Baharuddin, Wahdaniah Berlianty, Teng Halawane, Nitha Harbelubun, Jenica Chechilia Hetharie, Yosia Kuahaty, Sarah Selfina La Ode Angga Lainsamputty, Marcia Lasut, Tesalonica Heavenly Latupono, Barzah Lewaherilla, Imanuel David Jackson Mahulette, Muhammad Syamsudin Mochtar, Putri Aprilia Muchtar Anshary Hamid Labetubun Nabila, Syadzwina Hindun Narwadan, Theresia Nolda Agnes Nurdin, Ningsi Nussy, Michael Pane, Alvian Febriawan Panjaitan, Wijaya Natalia Pattiikawa, Janles Piero Pattipeilohy, Quentyn Priscilla Pesulima, Theresia Louize Radjawane, Piter Ruslan, Dyah Auliah Rachma Simarmata, Rikson Sipahutar, Mulia Risky Sopamena, Ronald Fadly Soulisa, Mohammad Ibrahim Sidik Tas’an, Darma Perdana