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Journal : PATTIMURA Law Study Review

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.
Sewa Menyewa Kendaraan Bermotor Yang Masih Menjadi Objek Jaminan Fidusia Pattiikawa, Janles Piero; Akyuwen, Rory Jeff; Kuahaty, Sarah Selfina
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.v3i1.19713

Abstract

This article explains about motor vehicle guarantee agreement or fiduciary guarantee agreement regulated in the articles and laws applicable in cases leading to fiduciary guarantee agreement. The purpose of this article is to find out and explain what the legal consequences are in renting a vehicle that is still the object of fiduciary guarantee, and what form of responsibility the debtor is responsible for the collateral object that is rented without notification to the creditor. The type of research used is normative juridical using two research approaches consisting of a statutory approach and a conceptual approach. The results of the study explain that the legal consequences of a motor vehicle lease agreement with the object of the vehicle being used as fiduciary guarantee without written permission that is contrary to the law, then the legal consequences of the agreement are null and void because it does not meet the objective requirements and is considered to have no legal force. Actions from the form of responsibility carried out without the consent of the creditor, then the debtor is absolutely responsible. For all losses suffered by the lessee or the creditor when the lease action causes losses.