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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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Model Pengelolaan Sumber Daya Laut dan Pesisir di Negeri Hitu, Kecamatan Leihitu, Kabupaten Maluku Tengah Angga, La Ode; Ruslan, Dyah Auliah Rachma; Baharuddin, Wahdaniah; Akyuwen, Rory Jeff
AIWADTHU: Jurnal Pengabdian Hukum Volume 4 Nomor 3, November 2024
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/aiwadthu.v4i3.2284

Abstract

Introduction: The Tanah Hitu Kingdom is located on Ambon Island, precisely in Leihitu District, Central Maluku Regency, Maluku Province, Indonesia. It is called the Tanah Hitu Kingdom because it is located in the Leihitu area. When the kingdom still existed, the area was called Tanah Hitu. Now, the name Tanah Hitu no longer exists, what exists is Leihitu District which is sometimes usually called Jazirah Leihitu.Purposes of Devotion: Through mentoring activities, it is hoped that participants will understand the creation/drafting of State Regulations regarding the management of marine resources in Wakal State, as a very important form of management of coastal natural resources in Hitu State, Leihitu District, Central Maluku Regency. Method of Devotion: Through mentoring activities, it is hoped that participants will understand the creation/drafting of State Regulations regarding the management of marine resources in Wakal State, as a very important form of management of coastal natural resources in Hitu State, Leihitu District, Central Maluku Regency.Results of the Devotion: One characteristic that is the same in Maluku is the natural resource management system which is based on the principle of mutual benefit and reciprocity (reciprocity) to maintain the balance of the natural environment called sasi. Sasi is a customary law provision that strictly prohibits anyone from taking anything from the natural surroundings, land or sea, at a certain time in order to ensure its preservation.
Sistem Gadai Hasil Dusun Dalam Perspektif Hukum Perjanjian Berlianty, Teng; Akyuwen, Rory Jeff; Nussy, Michael
JATISWARA Vol. 38 No. 1 (2023): Jatiswara
Publisher : Fakultas Hukum Universitas Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/jtsw.v38i1.453

Abstract

Penelitian ini bertujuan untuk mengetahui dan menganalisis bentuk dan kekuatan hukum dari perjanjian gadai hasil dusun di Negeri Laimu Maluku Tengah. Penelitian ini merupakan penelitian sosiolegal (sociolegal research), yakni metode penelitian kombinasi antara metode penelitian Hukum doktrinal dan metode penelitian Hukum empiris. Penelitian ini dilakukan Negeri Laimu Maluku Tengah yang notabene mempraktikan perjanjian gadai hasil dusun antara pemberi gadai (pemilik dusun) dengan penerima gadai. Jenis data penelitian ini adalah data primer dan data sekunder yang diperoleh melalui studi kepustakaan dan wawancara. Berdasarkan hasil penelitian, pelaksanaan perjanjian gadai hasil dusun di Negeri Laimu Maluku Tengah, dilakukan dalam bentuk perjanjian lisan antara pemberi gadai dan penerima gadai. Perjanjian lisan yang tercipta itu didasarkan pada rasa saling percaya diantara para pihak. Namun seringkali perjanjian lisan itu diingkari oleh pihak pemberi gadai (pemilik dusun) dengan kembali menggadaikan dusunnya kepada pihak lain padahal dusun tersebut sedang dalam masa gadai dengan pihak sebelumnya. Hal ini merupakan kelemahan perjanjian gadai hasil dusun yang dilakukan hanya secara lisan. Walaupun demikian, perjanjian gadai hasil dusun yang dilakukan secara lisan tersebut dalam aspek hukum perjanjian tetap dianggap sah karena memenuhi syarat sah perjanjian dalam pasal 1320 KUHPerdata dan oleh karenanya memiliki kekuatan hukum mengikat diantara kedua belah pihak.
Copyright Legal Responsibility for Illustrated Literary Works (Comics) Published on Online Sites Without Author's Permission Akyuwen, Rory Jeff; Labetubun, Muchtar Anshary Hamid; Pane, Alvian Febriawan
SASI Volume 29 Issue 2, June 2023
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v29i2.1354

Abstract

Introduction: Comics are also creations that are equally important in the copyright protection system. This is because the importance of protecting comics is not only related to the development of human culture and civilization, as well as supporting economic progress, but can also stimulate the creativi ty of creators with the existence of a comic copyright protection law.Purposes of the Research: Focuses on legal responsibility for comics that are published without permission from the creator, analysis of regulations and legal sanctions obtained for the creatorsParties who violate the copyright of comics by using online sites to take action against them.Methods of the Research: Using normative juridical research methods, or in other words normative legal research.Results of the Research: The results of this study are that the legal liability of parties or actors who publish copyrighted comics on online sites without the permission or approval of the Creator/Copyright Holder is civil and criminal liability, in civil liability, can be sued for compensation and in criminal liability. Legal protection for creators/copyright holders in the event that their comics are published on online sites without the consent of the copyright holder has the right to take legal action through litigation and non-litigation. These legal efforts are criminal and civil legal efforts.
Legal Implications of Foreign Investment Relating to Technology Transfer in the Patent Regime Labetubun, Muchtar Anshary Hamid; Akyuwen, Rory Jeff; Narwadan, Theresia Nolda Agnes
SASI Volume 28 Issue 1, March 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v28i1.829

Abstract

Introduction: The issue of technology transfer is a problem that is always faced by developing countries, including Indonesia. Since Indonesia has directed its economic development by focusing on the industrial sector, until the industrial sector has become the backbone of the national economy.Purposes of the Research: forms of technology transfer in investment and procedures for technology transfer in investment activities in Indonesia.Methods of the Research: the method used in this research is normative juridical to analyze the legal problems contained in the legislation releted to the problem under study with a qualitative analysis.Results of the Research: the results shown that foreign investment and technology transfer are in inseparable pair. Technology transfer or often reffered to as technology transfer includes, product, production processes and machinery. The technology transfer procedure can be transferred by employing individual foreign experts, providing supplies of machines and other equipment. Legal implication in technology transfer can occur in various forms, such as licensing agreements in technology, technology owners can facilitate technology by giving rights to each person/entity to implement technology with a license, expertise and technology assistance.
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.
Legal Protection of Works Produced by Artificial Intelegence Al Idrus, Rizki; Akyuwen, Rory Jeff; Labetubun, Muchtar Anshary Hamid
TATOHI: Jurnal Ilmu Hukum Volume 5 Issue 1, March 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v5i1.3071

Abstract

Introduction: The development of Artificial Intelligence-based technology in the digital era has implications for human life, one of which is law. One of the interesting legal issues to study related to artificial intelligence is copyright protection.Purposes of the Research: This study aims to determine whether creations resulting from artificial intelligence can be classified as intellectual property and to determine whether artificial intelligence can be equated with employees who work based on employment relationships (Works Made for Hire).Methods of the Research: The research method used by the author is normative. The legal materials used by the author are primary legal materials that are authoritative in the form of laws and regulations, secondary legal materials, namely legal materials that support primary legal materials, namely literature studies (journals and books), and Tertiary (mass media, legal dictionaries, journals, and the internet). The materials obtained were then analyzed using a qualitative descriptive method, namely by analyzing legal materials and then systematically arranged to obtain conclusions.Findings of the Research: The results of the study are 1) showing that the creations produced by AI do not meet the subjective concept of a creation, but meet the objective concept of a creation which therefore could possibly obtain copyright protection. 2) The Works Made For Hire doctrine can be used as a solution, the AI system will be considered an employee. The creation will be allocated directly to the user or programmer, because the AI system is a tool that helps the creator in producing a creation.
Legal Protection for Land Buyers in Sale and Purchase Agreement Under Hand Lewaherilla, Imanuel David Jackson; Akyuwen, Rory Jeff; Radjawane, Piter
TATOHI: Jurnal Ilmu Hukum Volume 5 Issue 3, May 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v5i3.2971

Abstract

Introduction: Land rights acquisition can be obtained in various ways such as buying and selling, exchanging, granting or bequests, but the acquisition of land rights that often occurs in society is through buying and selling.Purposes of the Research: The purpose of this study is to examine the legal force of the transfer of land rights through underhand sales and legal protection for the purchaser of land rights through underhand sales.Methods of the Research: The research method used in this writing is normative legal research by using analytical descriptive research on legal regulations and expert opinions through primary, secondary and tertiary legal materials through the process of collecting legal materials and analyzing them to obtain conclusions and suggestions.Findings of the Research: In the process of buying and selling land, it is very important to pay attention to the legal force in the buying and selling process, where if the buying and selling process is only carried out underhand, it can have an impact on the legal force of the buying and selling that is carried out because underhand buying and selling often does not have an authentic deed so that it is vulnerable to proof if a dispute occurs in the future and if there has been a sale and purchase underhand, the buyer must pay attention to several aspects in order to get legal protection in the buying and selling process, including the buying and selling process must be carried out at the village/district office in order to get supervision from the authorities and several witnesses must be present in the buying and selling process and this buying and selling process must be recorded.
Copyright Infringement in the Distribution of Exclusive Content on Instagram Halawane, Nitha; Akyuwen, Rory Jeff; Narwadan, Theresia Nolda Agnes
TATOHI: Jurnal Ilmu Hukum Volume 5 Issue 5, July 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v5i5.3130

Abstract

Introduction: The advancement of digital technology has led to the widespread distribution of exclusive content on Instagram, including copyright-protected works such as photos and videos. The unauthorized dissemination of such content raises legal issues concerning copyright protection and dispute resolution mechanisms in Indonesia.Purposes of the Research: The purpose of this study is to understand the protection of copyright in relation to the dissemination of exclusive content on Instagram and to identify the dispute resolution mechanisms for such unauthorized distribution.Methods of the Research: This research employs a normative juridical method using statutory and conceptual approaches, based on primary and secondary legal materials. Data collection is conducted through library research, and analysis is carried out descriptively to interpret and systematically organize legal documents in a rational and scholarly manner.Findings of the Research: The results of this studi are paid exclusive content on Instagram is protected under Law Number 28 of 2014 on Copyright, which grants creators both moral and economic rights. Unauthorized distribution, such as by the TikTok account @joingrupexclusive, constitutes a copyright infringement. While Instagram provides reporting mechanisms, the primary responsibility to address violations lies with the rights holder. Disputes may be resolved through negotiation, mediation, conciliation, arbitration (if an agreement exists), or court proceedings. If informal methods fail, litigation in the Commercial Court may be pursued in accordance with Articles 100–101 of the Copyright Law, requiring proof of copyright ownership to impose sanctions, including damages.
Protection of Copyright for Derivative Works of Fanfiction Without Permission Harbelubun, Jenica Chechilia; Akyuwen, Rory Jeff; Labetubun, Muchtar Anshary Hamid
TATOHI: Jurnal Ilmu Hukum Volume 5 Issue 7, September 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v5i7.3250

Abstract

Introduction: Copyright holders have exclusive rights to determine the use of their work. Fanfiction is often considered a derivative work that requires permission from the original creator, but many are made without permission, thus violating copyright.Purposes of the Research: To find out and discuss the form of protection of the creator's moral rights against fanfiction works without permission and legal remedies for copyright infringement.Methods of the Research: Normative legal research methods with a statutory approach, case approach and conceptual approach, to answer the problems raised.Findings of the Research: Legal protection of the moral rights of creators against a derivative fanfiction work without permission can be done preventively or repressively, with the repressive approach being considered more effective. Legal efforts can be taken through litigation (civil and criminal lawsuits) and non-litigation (mediation, licensing agreements, or closing online content).
Tanggung Jawab Penjual Yang Beritikad Tidak Baik Dalam Transaksi Online Dengan Sistem Pembayaran Cash On Delivery Akyuwen, Rory Jeff
KANJOLI Business Law Review Vol 1 No 1 (2023): Juni 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.v1i1.9800

Abstract

Cash on Delivery (COD) systems that do not want the goods that have been ordered to be inspected. a good faith seller will certainly allow the goods to be inspected by the buyer. one of the legal principles in civil law, namely the principle of good faith, requires that every legal action in any form including electronic transactions must be based on good faith. what if it happens that the seller in bad faith deliberately sends goods that are not suitable but the recipient is not allowed to check before being paid. the research method used in this research is normative juridical research type, with 3 (three) approaches namely statutory approach, concept approach and case approach. the results of the research show that the cash on delivery payment system in online buying and selling does not always place the parties, namely the sender/seller and the receiver/buyer in a normal situation. the situation or agreement agreed upon by the parties will cause problems if the goods received are not suitable or damaged. the recipient is required to pay the price of the goods including shipping costs before opening or inspecting the goods. damaged or non-conforming goods can be claimed and if the claim is accepted then the process to replace the goods or pay compensation is carried out.
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