Garuda - Garba Rujukan Digital

Keamanan Produk Pangan Yang Dijual Melalui Media Sosial Dalam Perspektif Perlindungan Konsumen Pesulima, Theresia Louize; Sopamena, Ronald Fadly
Bacarita Law Journal Vol 3 No 2 (2023): April (2023) BACARITA Law Journal
Publisher : Programs Study Outside the Main Campus in Law Pattimura University ARU Islands Regency

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/bacarita.v3i2.8849

People who consume unsafe food products can endanger their health and even their lives. However, the fact is that until now these unsafe food products are still a problem that must be faced by the state. This becomes even more difficult when many food products can be found easily through social media. So that business actors can promote and market food products without a permit so that it has the potential to harm consumers. The research method used in this research is normative juridical or known as legal research which is carried out by studying and analyzing the substance of laws and regulations on the subject matter or legal issues in consistency with existing legal principles. The government can supervise or cooperate with social media managers to identify food products that do not have a permit. Repressive protection can be provided by the government by providing strict sanctions for business actors who produce food products without certification. Sanctions for business actors who ignore consumer rights include criminal sanctions and fines as well as revocation of business licenses. Thus, legal protection for consumers who consume food products distributed through social media can be more effective so that consumers are not harmed.

The Urgency of Village Fund Management Planning Kuahaty, Sarah Selfinah; Pesulima, Theresia Louize; Sinaga, Roulinta Yesvery
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.v4i2.1836

Introduction: The development of Indonesia is an ongoing program established by the government, which is not solely focused on urban development but is currently prioritized starting from rural areas. Purposes of the Research: To achieve this goal, the government has allocated state finances in the form of village funds. One form of village fund management is village expenditure, the implementation of which must comply with the Minister of Finance Regulation Number 201/PMK.07/2022 concerning Village Fund Management.Methods of the Research: This paper was produced by conducting research using normative legal research methods.Results of the Research: The West Seram Regency government recently inaugurated village heads within its jurisdiction since 2022, in several waves, following earlier controversies regarding the determination of village and traditional villages' status. During this period, many villages were led by officials acting as village heads (caretakers), including Sanahu village, the location of this research, whose village head will only be appointed at the end of 2022. Village development planning is the initial step in village fund management, formulated in the Musrembangdes, which consists of the Village Consultative Body (BPD) and community representatives to prepare the Village Medium-Term Development Plan (RPJM Desa) and the Village Annual Work Plan (RKP) for the year 2022, which will be realized in 2023. During the implementation of the work programs, it was observed that some programs could not be carried out because they did not align with the village head's vision and mission, as they were merely copied from other villages' programs. This, of course, significantly affects the absorption of village funds.

Principles of Buyer’s Responsibility on Bid and Run Actions in Online Auction Buying and Selling Practices Pesulima, Theresia Louize
Batulis Civil Law Review Vol 5, No 1 (2024): VOLUME 5 ISSUE 1, MARCH 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/ballrev.v5i1.1724

Introduction: The development of the internet causes the practice of buying and selling auctions can not only be done conventionally but can also be done online, one of which is by using Instagram media. This online auction transaction not only provides benefits and convenience for consumers but also has weaknesses and in fact in online auction buying and selling transactions , losses can not only be experienced by consumers, but business actors can also experience losses due to non-fulfillment of achievements that should be done by consumers. One of the consumer actions that harm business actors is Bid an Run in the practice of buying and selling online auctions on Instagram social media.Purposes of the Research: The purpose of this article is to find out the application of the principle of buyer’s responsibility for bid and run actions as a form of legal protection for business actors.Methods of the Research: The research method used in this research is normative juridical or known as legal research which is carried out by studying and analyzing the substance of laws and regulations on the subject matter or legal issues in consistency with existing legal principles.Results of the Research: The results show that Legal liability for buyers who in bad faith deliberately do not pay or take bid and run actions can be sued based on Article 1243 of the Civil Code, Article 21 paragraph (2) letter a and paragraph (4) of the ITE Law, and Article 6 letter a and b of the Consumer Law, as well as electronic agreements that have been agreed between business actors (auction account owners) and consumers (auction bidders). Business actors in this case can also sanction directly to consumers who have committed violations by blocking the consumer's account and being blacklisted so that consumers cannot bid with auction business actors anywhere.

Penerapan Prinsip Kehati-hatian Pada Data Nasabah Pinjaman Secara Online Metanila, Meyske Adriani; Pesulima, Theresia Louize; Pariela, Marselo Valentino Geovani
TATOHI: Jurnal Ilmu Hukum Vol 3, No 11 (2024): Volume 3 Nomor 11, Januari 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i11.2102

Introduction: Process of providing loans without intermediaries such as banks and credit institutions, there is a special website in the form of an implementation platform where the user can become a giver. In online loans, some are guaranteed and some are without collateral, this can lead to misuse of personal data for users of financial technology services.Purposes of the Research: The purpose of writing this thesis is to find out and explain the application of the precautionary principle of online loan customer data and how the form of legal protection for online loan customer data.Methods of the Research: The research method used in this study is normative juridical with a conceptual approach and statutory regulations and legal materials used are primary and secondary legal materials.Results of the Research: The The results of this study indicate that financial technology is an innovation or a combination of conventional banking credit agreement systems with a touch of modern technology. The system for managing credit agreements in financial technology includes: Basic Banking Law No. 10 of 1998, Bank Indonesia Regulation (PBI) No. 19/12/PBI/2017 concerning the Implementation of Fintech, Financial Services Authority Regulation No. 77/POJK.01/2016 regarding Information Technology-Based Money Borrowing Services Digital Financial Services, then Regulations regarding the principle of prudence in fintech credit agreements have the same rights and obligations between conventional credit agreements with fintech.

Perlindungan Hukum Terhadap Konsumen Pengguna Jasa Ekspedisi Pengiriman Barang (Studi Pada Pt. J&T Kota Ambon) Surachim, Muhammad Oghan; Pesulima, Theresia Louize; Pariela, Marselo Valentino Geovani
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.v2i1.13781

ABSTRACT: J&T is an industry that provides goods delivery services both in the form of documents and packages. J&T is a new industry that utilizes IT in providing its services, with the advantage of providing goods and services so that customers do not need to come to the J&T office when they want to send and receive goods. Sometimes delivering goods is not always easy, for example, goods agreed upon by both parties have been sent but do not arrive at the destination address, goods arrive late, are lost or damaged during the delivery process. The research method used in this research is normative juridical, normative juridical research is legal research (legal search) which is carried out to find the truth of coherence, this writing focuses on literature study which means more research and study of existing and applicable legal regulations. In general PT. J&T is a technology-based delivery company that provides goods and document delivery services to all areas covered by PT. J&T is included in Ambon City. Service users only need to pay a certain amount of money to PT. J&T as a fee for sending goods to the specified address. However, in every delivery of goods, of course there are several problems found during the shipping and delivery process which cause losses for consumers. In this case PT J&T Ambon does not fulfill the rights of consumers, such as in the case of consumer rights which are not fulfilled because the goods delivered do not reach the hands of consumers. The issue of consumer protection is not solely an individual problem, but is actually a collective and national problem because basically everyone is a consumer. As users of goods delivery services, consumers need to obtain legal protection in order to protect their interests. Seeing this situation, the government issued a policy regulating consumer rights through law to protect consumer interests in consuming goods and/or services. This government policy is regulated in the UUPK.

Perlindungan Hukum Terhadap Pelaku Usaha Jasa Penyewaan Mobil Yang Mengalami Kerugian Akibat Dari Kelalaian Konsumen Heluth, Muttaqien; Pesulima, Theresia Louize; Sopamena, Ronald Fadly
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.v2i1.13783

ABSTRACT: Rental agreements, general provisions apply regarding the conditions for the validity of the agreement as regulated in Article 1320 of the Civil Code, one of which is the word of agreement to enter into an agreement, meaning that both parties must have freedom of will. Regarding agreements in an agreement, it is certain that the parties implementing it want performance, but not infrequently in an agreement it is inevitable that legal events will occur in the form of non-fulfillment of performance by one of the parties. Default in the implementation of the agreement as mentioned above is an obstacle in the implementation of the rental agreement which generally occurs due to negligence on the part of the lessee. The aim of this research is to examine legal protection for car rental service business actors and the legal remedies that can be taken by car rental service business actors who experience losses as a result of consumer negligence. The method used in this research is normative juridical, namely a legal research method carried out by examining library materials and secondary data including primary and secondary legal sources which are analyzed qualitatively using conceptual and statutory approaches to answer existing problems. The results obtained from this research are legal protection for car rental service business actors for acts of consumer default, namely preventive legal protection which has been regulated in Article 6 of Law Number 8 of 1999 concerning Consumer Protection regarding the right to receive payments in accordance with agreements and rights. to obtain legal protection from consumer actions with bad intentions as well as the right to carry out appropriate self-defense in the legal resolution of consumer disputes and repressive legal protection, namely in the form of compensation as a form of legal responsibility for the tenant's acts of default or negligence in the car rental agreement. The legal action that can be taken by business actors providing car rental services is by means of deliberation (family) regarding payment and time period as well as compensation for losses that must be borne by the car renter. However, if this is not successful, other legal remedies that can be taken are through court and outside 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: 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 Hukum Karya Seni Lukisan Yang Di Tiru Dan Disebarluaskan Tanpa Hak Latupeirissa, Diouf Alexsandro; Pesulima, Theresia Louize; Balik, Agustina
PATTIMURA Law Study Review Vol 2 No 2 (2024): Agustus 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.v2i2.16061

In Indonesia there are still many copyright violations, one of which is painting. where a painting is imitated and redrawn and sold without the permission of the copyright holder. The research method used is normative juridical using a statutory approach and also a conceptual approach. There are legal sources used including primary legal materials, secondary legal materials, and tertiary legal materials. With the technique of collecting legal materials, it will be linked to legal facts, legal events and legal consequences so that it will be analyzed based on qualitative methods. The results of the research show that legal protection for creators of works of art whose paintings are imitated and distributed without rights is considered a copyright violation. Because it violates the law which involves taking and using it commercially without the permission of the copyright holder. The form of responsibility that must be carried out by the gallery75 owner is to delete the paintings posted on his social media accounts, and make compensation or give a portion of the proceeds obtained.

Perlindungan Hukum Terhadap Konsumen Dalam Transaksi E-Commerce di Media Sosial Facebook Sapulette, Mariska Zefanya; Pesulima, Theresia Louize; Labetubun, Muchtar Anshary Hamid
PATTIMURA Law Study Review Vol 2 No 2 (2024): Agustus 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.v2i2.16087

Online buying and selling is carried out by someone through various private social media channels, therefore online buying and selling is directly connected to sellers and buyers. One of the social media used for online buying and selling is Facebook, however in buying and selling via Facebook there are still problems where there is a lot of fraud because online buying and selling activities do not involve face-to-face activity between buyers and sellers. Online buying and selling agreements are also regulated in Article 5 and Article 6 of Law Number 11 of 2008 concerning Information and Electronic Transactions, hereinafter referred to as the ITE Law, which states that information, documents and electronic signatures can be valid evidence in buying and selling transactions. Online is considered valid as long as the information contained therein can be accessed, displayed, its integrity is guaranteed, and can be accounted for so that it explains a situation. The type of research used is a type of normative research which is carried out by examining library materials or secondary data, legal materials consisting of primary legal materials, secondary legal materials and tertiary legal materials. The procedure for collecting legal materials is carried out by examining legal materials, compiling legal materials, systematic legal materials and finally processing and analyzing legal materials. The research results show that the responsibility of business actors towards consumer rights is regulated in article 19 of Law Number 8 of 1999 concerning Consumer Protection and as well as other legal protections in transactions on social media in online buying and selling as regulated in Law Number 11 2008 concerning Information and Electronic Transactions (hereinafter referred to as the ITE Law) as amended by Law Number 19 of 2016.

Penerapan Prinsip Due Care Oleh Produsen Terhadap Peredaran Obat Di Masyarakat Amtsal, Abdul; Pesulima, Theresia Louize; Balik, Agustina
TATOHI: Jurnal Ilmu Hukum Vol 4, No 8 (2024): Volume 4 Nomor 8, Oktober 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i8.2471

Introduction: 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.Purposes of the Research: 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.Methods of the Research: 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.Results of the Research: 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.

Title

Found 18 Documents
Search

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Title Search

Found 18 Documents Search

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Title

Found 18 Documents
Search