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All Journal KRTHA BHAYANGKARA Batulis Civil Law Review TATOHI: Jurnal Ilmu Hukum AIWADTHU: Jurnal Pengabdian Hukum PATTIMURA Legal Journal Bacarita Law Journal PATTIMURA Law Study Review SASI KANJOLI Business Law Review
Pesulima, Theresia Louize
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Law, Crime, Criminology & Criminal Justice

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Journal : PATTIMURA Law Study Review

 1 
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

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

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

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

Abstract

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

Abstract

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.
Keterlibatan Pihak Ketiga Dalam Perjanjian Pinjaman Online Leluly, Hervy Welem; Pesulima, Theresia Louize; Balik, Agustina
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.v3i1.19804

Abstract

Financial Services Authority Regulation Number 10/POJK.05/2022 concerning Information Technology-Based Joint Funding Services, in Article 44 paragraph (1) letter c states that: "Organizers are obliged to guarantee that the acquisition, use, utilization and disclosure of personal data, transaction data and financial data obtained by the organizer based on the consent of the owner of the personal data, transaction data and financial data, unless specified by statutory provisions. However, in online loan transactions it is often found that a third party is involved as an emergency contact unilaterally, which is done by using personal data in the form of name and telephone number without prior approval and usually the third party is considered a guarantor for the loan made. The type of research used in this writing is normative juridical legal research using a statutory approach and a conceptual approach. The legal materials used are primary, secondary and tertiary legal materials. Analysis of legal materials is carried out qualitatively, namely the materials that have been collected are then analyzed to answer the problems that occur. The research results show that a third party cannot be used as a guarantor for the debtor's debt if there is no guarantee agreement between the third party and the debtor. The third party is only limited to reminding the debtor of the bill. And creditors have no right to collect and intimidate third parties. The protection that can be provided for misuse of third party personal data added unilaterally is through a lawsuit against the law under Article 1365 of the Civil Code and the creditor can report it to the Financial Services Authority (OJK).
Penerapan Prinsip Due Care Oleh Produsen Terhadap Peredaran Obat Di Masyarakat Amtsal, Abdul; Pesulima, Theresia Louize; Balik, Agustina
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.v3i1.19808

Abstract

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. In addition, Article 8 of the Consumer Protection Law stipulates that business actors are prohibited from producing goods or products that are detrimental or even endanger others. However, in reality there are several pharmaceutical companies that produce syrup drugs that contain Harmful compounds and have already spread among the community causing great losses and threatening consumer lives. So, it is interesting to research from the perspective of applying the Due Care Principle to these problems. 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. 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. 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.
Co-Authors Akyuwen, Rory Jeff Amtsal, Abdul Balik, Agustina Belassa, Saputra Heluth, Muttaqien Kuahaty, Sarah Selfina Kuahaty, Sarah Selfinah Latulola, Veldha Arabella Latupeirissa, Diouf Alexsandro Latupono, Barzah Leluly, Hervy Welem Mahrita Aprilya Lakburlawal, Mahrita Aprilya Metanila, Meyske Adriani Muchtar Anshary Hamid Labetubun Nancy Silvana Haliwela Noija, Gloria Gracia Pariela, Marselo Valentino Geovani Pariela, Marselo Valentino Giovani Sapulette, Mariska Zefanya Simarmata, Rikson Sinaga, Roulinta Yesvery Sopamena, Ronald Fadly Surachim, Muhammad Oghan