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Tanggung Jawab Marketplace Terhadap Penjualan Barang Secara Online Pattipeilohy, Quentyn Priscilla; Akyuwen, Rory Jeff
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.v3i1.22698

Abstract

Currently, there is a lot of use of the internet for commerce among the public which is a means of online buying and selling. It is regulated in the Civil Code, Law Number 8 of 1999 concerning Consumer Protection, Law Number 19 of 2016 concerning amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions, Government Regulation Number 8 of 2019 concerning Trading Through Electronic Systems. However, there are still many violations that are committed to the detriment of buyers and sellers. Based on this research, online marketplaces allow sellers and buyers to interact and carry out transactions online, facilitating the buying and selling process and increasing sales capabilities, but the parties involved in buying and selling on the marketplace do not comply with statutory regulations so it can be concluded that the actions that have been taken carried out by each party can cause losses to each party intentionally or unintentionally. The responsibility of the marketplace is to provide compensation and compensation for goods received that do not comply with the agreement.
Hak Cipta Logo Yang Didaftarkan Sebagai Merek Lopulalan, Yunus Marlon; Akyuwen, Rory Jeff; Pariela, Marselo Valentino Geovani
TATOHI: Jurnal Ilmu Hukum Vol. 1 No. 1 (2021): Volume 1 Nomor 1, Maret 2021
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v1i1.494

Abstract

Introduction: Copyright protection is carried out in order to prevent infringement of copyright itself. Copyright holders can be distinguished between individuals and legal entities. The logo is protected in Law Number 28 of 2014 concerning Copyright and Law Number 20 of 2016 concerning Trademarks and Geographical Indications. However, the logo is prohibited from being recorded in Article 65 of the Copyright Law of 2014 so that the logo can only be registered as a trademark.Purposes of the Research: Knowing and analyzing the regulatory and legal status of Logo Copyrights registered as Trademarks.Methods of the Research: This study uses a normative juridical method with legal materials used in the study are primary, secondary and tertiary with the use of literature study techniques in the form of international legal regulations, scientific papers and literature.Results of the Research: Logo copyright as a mark that serves as a differentiator can no longer be registered. The recording of a work cannot be made on painting in the form of a logo or distinguishing mark that is used as a mark in trading in goods / services or is used as a symbol of an organization, business entity or legal entity. So as a measure to anticipate violations of the logo creator's rights, the logo can be registered as a trademark. Material rights can also be attached to the copyright of the logo used as a brand.
Penggandaan Smadav PRO Tanpa Izin Pencipta Ditinjau Dari Undang-Undang Nomor 28 Tahun 2014 Tentang Hak Cipta Latukau, Akmal Asamahdi; Akyuwen, Rory Jeff; Labetubun, Muchtar A H
TATOHI: Jurnal Ilmu Hukum Vol. 1 No. 6 (2021): Volume 1 Nomor 6, Agustus 2021
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v1i6.640

Abstract

Introduction: The development of science as part of the object protected by copyright. One of the creations that are protected by copyright is software, which in this writing is Smadav antivirus software.Purposes of the Research: This study aims to explain and inform about legal arrangements and legal protection to creators regarding the doubling of the Smadav serial number/key in Law Number 28 of 2014 concerning Copyright.Methods of the Research: This study uses normative legal research methods, and the collection of legal materials is carried out by literature study, then analyzed by qualitative means.Results of the Research: The results show that, duplicating the serial number/key from Smadav Pro, there are several factors that influence a person in doing so, including low law enforcement, low public purchasing power for original software, and the rapid development of information technology. Furthermore, if there has been a violation of the software or in this case the duplicating of the Smadav serial number/key, the creators can take steps, namely through mediation, arbitration, or court processes and the application of complaint offenses for criminal charges.
Pelaksanaan Jaminan Fidusia Di Masa Pandemi Covid-19 Moenandar, Revandio Hendruno; Akyuwen, Rory Jeff; Kuahaty, Sarah Selfina
TATOHI: Jurnal Ilmu Hukum Vol. 1 No. 10 (2021): Volume 1 Nomor 10, Desember 2021
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v1i10.861

Abstract

Introduction: The case of Credit Agreement and Debt Recognition with a fiduciary guarantee that occurred between Roberth Gomies as a debtor and PT. Sinar Mas Multifinance (PT. SMMF) as a creditor with a guarantee of 1 (one) unit of Public Transport Vehicle. In this case, the payment made by Robert Gomies experienced a payment delay due to the corona virus outbreak 19. So the vehicle used as credit collateral in the fiduciary agreement was forcibly/unilaterally withdrawn without the knowledge and permission of the debtor.Purposes of the Research: Knowing and Reviewing Forms of Protection for Fiduciary Guarantees in the Covid 19 Pandemic Period and Execution Mechanisms for Fiduciary Guarantees in the Covid 19 Pandemic Period. Methods of the Research: The method used is normative legal research. The research approach is a statutory approach and a conceptual approach. Sources of legal materials used are primary legal materials, secondary legal materials, and tertiary legal materials. The technique of collecting legal materials is through literature study and then analyzed through a perspective using qualitative methods.Results of the Research: The results of the study show that the procedure for withdrawing the object of fiduciary security must refer to the Regulation of the National Police Chief Number 8 of 2011 which is carried out by the creditor or his proxies must submit a request for securing the execution of the withdrawal of the fiduciary object which is made in writing addressed to the local police chief by attaching the following conditions: the following conditions, a. a copy of the fiduciary guarantee deed, b. a copy of the fiduciary guarantee certificate, c. A warning letter to the debtor to fulfill his obligations. d. The identity of the executor of the execution, e. Executioner's assignment letter. In addition, the Constitutional Court Decision Number 18/PUU-XVII/2019 has also provided legal certainty for fiduciary guarantee.
Perlindungan Hukum Terhadap Konsumen Atas Alat Kesehatan (Masker) Yang Dilakukan Pelaku Usaha Pada Aplikasi Bukalapak Amdery, Grace Nathalia; Akyuwen, Rory Jeff; Pariela, Marselo Valentino Geovani
TATOHI: Jurnal Ilmu Hukum Vol. 2 No. 7 (2022): Volume 2 Nomor 7, September 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i7.1129

Abstract

Introduction: The protection of consumer rights and obligations is often neglected because of the attitude of business actors who want to get profit by taking advantage of certain situations and conditions, one of which is where the consumer's need for medical devices in the form of masks is hindered by selling costs that are too high from the market price. Purposes of the Research: The purpose of this study is to answer how the legal protection for consumers for default by business actors on the Bukalapak application is.Methods of the Research: This study uses a normative juridical method by using a statutory and conceptual approach.Results of the Research: The results of this study indicate that in the online sale and purchase agreement, business actors have defaulted on Bukalapak and have resulted in losses to consumers, referring to Article 1243 of the Civil Code which explains about compensation and also Article 19 of the Consumer Protection Act. related to consumer rights to demand compensation. Reimbursement of loss costs must be carried out by Bukalapak for actions taken by business actors in terms of increasing prices unilaterally and Bukalapak must be responsible for the losses incurred.
Status Kepemilikan Hak Atas Tanah Adat Marga dalam Kebijakan Penataan Aset Reforma Agraria Di Kabupaten Maluku Tenggara Saija, Ronald; Letsoin, Fransiscus X. V. R; Akyuwen, Rory Jeff; Radjawane, Pieter
SASI Vol 26 No 1 (2020): Volume 26 Nomor 1, Januari - Maret 2020
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v26i1.246

Abstract

Promulgation of Law Number 5 of 1960, brought its own consequences in terms of regulation of agrarian resources, including earth, water, space and natural resources contained therein. The ideals of the law in the realization of the objectives of the national agrarian law are realized in the form of the Agrarian Reform policy which is one of the ideals in the administration of President Joko Widodo. This policy was stated in the Decree of the People's Consultative Assembly of the Republic of Indonesia Number IX / MPR / 2001 concerning Agrarian Reform and Natural Resource Management and followed up with the issuance of Presidential Regulation Number 86 of 2018 concerning Agrarian Reform. The Presidential Regulation regulates the determination of assets in the legalization of agrarian reform land object certificates. However, the problem is that it is feared that disputes and agrarian conflicts will arise in the right of recognition of the existence of communal rights for indigenous and tribal peoples explicitly mentioned in Ministerial Regulation ATR / Ka.BPN Number 10 of 2016, which seems to be no longer recognized by indigenous peoples in Indonesia. This paper is a legal research that uses the method of the statutory approach and conceptual approach that examines the recognition and use of customary land by using the norms contained in legislation. The results of this paper are directed to be able to provide clarity of legalization of customary community land as well as communal rights of indigenous and tribal peoples related to the issuance of Presidential Regulation Number 86 of 2018 which does not expressly state the position of indigenous peoples as the subject of policy arrangement on Agrarian Reform assets, so that the rights owned by marga indigenous and tribal peoples can be fought for.
Penyuluhan Hukum Perkembangan Informasi Dan Teknologi Serta Dampak Penyalahgunaan Jejaring Sosial Pada Generasi Muda Di Negeri Lesluru Maluku Tengah Akyuwen, Rory Jeff; Pariela, Marselo Valentino Geovani; Hetharie, Yosia; Wasia, Zacilasi
AIWADTHU: Jurnal Pengabdian Hukum Vol. 1 No. 1 (2021): Volume 1 Nomor 1, Maret 2021
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (631.495 KB) | DOI: 10.47268/aiwadthu.v1i1.485

Abstract

Introduction: The young generation is a national asset that must be safeguarded, protected, guided and nurtured so that they are not trapped in the negative influence of technological, communication and information developments. Likewise, the younger generation in Lesluru Country, TNS District, Central Maluku Regency, as the successor to Lesluru Country who need education and legal understanding regarding the impact of misuse of social networks due to developments in technology, communication and information.Purposes of the Research: The purpose of writing this article is to provide legal understanding and education to the people of Lesluru State, TNS District, Central Maluku Regency regarding the development of Technology, Communication and Information and the impact of using social networks among the younger generation in Lelsuru Country.Methods: Legal counseling activities in the country of Lesluru are carried out by means of a panel discussion method in which the presenters deliver the material in turns then followed by questions and answers between the speakers and the community.Results / Findings / Novelty of the Research: Social networks that are currently very accessible to the younger generation, including in Lesluru, Central Maluku. This of course not only has a positive impact but often has negative consequences due to the unwise use of social networks. Therefore, as a young generation who will later become the leaders of the nation, even this nation needs to understand well about the wise use of social networks in order to have a positive impact on the younger generation.
Community Empowerment Through Socialization and Assistance in 3R (Reduce, Reuse, Recycle) Based on Waste Management: Pemberdayaan Masyarakat Melalui Sosialisasi dan Pendampingan Pengelolaan Sampah Berbasis 3R (Reduce, Reuse, Recycle) Angga, La Ode; Akyuwen, Rory Jeff; Hoiriah, Hoiriah; Asolomudin, Asolomudin; Labetubun, Muchtar Anshary Hamid; Fataruba, Sabri
AIWADTHU: Jurnal Pengabdian Hukum Volume 6 Issue 2, July 2026
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/aiwadthu.v6i2.3596

Abstract

Introduction: The waste problem in Ambon City is a crucial issue that has not been resolved, characterized by an increase in the volume of daily waste that is not balanced by adequate management capacity, as well as environmental pollution on the coast of Ambon Bay, of the 220 tons of waste produced every day, only about 185 tons are accommodated in landfills, the rest is thrown into the sea or scattered. Limited facilities, infrastructure, and public knowledge about waste management are triggers for waste emergencies. Purposes of The Devotion: This service activity aims to form an economically and socially independent society, create a healthy environment free of waste, and improve skills in waste management. Method of The Devotion: The methods used include the preparation stage, implementation (socialization of the 'Bersama Family' program, counseling, assistance in waste sorting, creativity training in processing waste into products with selling value, as well as monitoring and evaluation), and reporting. The approach applied is training, counseling, socialization, and mentoring based on the 3R (Reduce, Reuse, Recycle) paradigm. Results Main Findings of the Devotion: Community-based waste management with the 3R paradigm has proven effective. Socialization and mentoring activities in Silale showed positive achievements with high participation (55 people) and increased material understanding. There were initial initiatives in independent waste management, as well as the formation of a simple model of waste banks and waste bank communities which were positively welcomed. This activity is relevant and effective in increasing community awareness and skills, opening up opportunities for the formation of new community-based institutions, and contributing to reducing waste generation and improving welfare.