Article Per Year (5 Year)
p-Index From 2021 - 2026
2.608
P-Index
This Author published in this journals
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
Unknown Affiliation
Law, Crime, Criminology & Criminal Justice

Published : 18 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 18 Documents
Search

 1   2 
Perlindungan Hukum Netflix Atas Penjualan Akun Premium Di Media Sosial Latulola, Veldha Arabella; Kuahaty, Sarah Selfina; Pesulima, Theresia Louize
PATTIMURA Legal Journal Vol 3 No 1 (2024): April 2024 PATTIMURA Legal Journal
Publisher : Postgraduate Program Doctoral in Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pela.v3i1.13261

Abstract

Introduction: Netflix application as a copyrighted work that is protected in Law Number 28 of 2014 concerning Copyright. Article 9 Paragraph (1) point b and e regulates that the duplication of creation in all its forms and the distribution of creation or copies thereof are the rights of the creator, but in the development of the digital world today Netflix premium accounts are often offered not by Netflix for sale. Purposes of the Research: Analyze Netflix's legal protection of selling premium accounts on social media. Methods of the Research: The research method used is Normative Juridical, the research approach uses a statutory approach and a conceptual approach. The source of legal materials is in the form of premier legal materials, secondary legal materials and tertiary legal materials. The technique of collecting legal materials in this study through literature studies, then analyzed qualitatively. Results of the Research: As a result of this research, the sale of Netflix premium accounts through social media is an infringement of copyright. The form of legal protection that can be taken by Netflix is in the form of preventive legal protection and repressive legal protection. Preventive legal protection is contained in Article 54 of Law Number 28 of 2014 concerning Copyright and in the form of a complaint column on the Netflix website for reporting copyright infringement provided by the Netflix Application. Meanwhile, repressive legal protection is contained in Article 55 of Law Number 28 of 2014 concerning Copyright. Legal efforts taken by the Netflix application with the settlement of litigation in the form of a lawsuit for compensation and a report on the closure of content or rights.
Commitment of the Regional Government of East Seram Regency to Prepare the Draft of Regional Regulation Concerning CSR Lakburlawal, Mahrita Aprilya; Haliwela, Nancy Silvana; Pesulima, Theresia Louize
KRTHA BHAYANGKARA Vol. 18 No. 3 (2024): KRTHA BHAYANGKARA: DECEMBER 2024
Publisher : Fakultas Hukum Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/krtha.v18i3.3188

Abstract

This research analyzes the commitment of the East Seram Regency Government  preparing the Draft Regional Regulation (Ranperda) on Corporate Social Responsibility (CSR). This study is crucial considering the presence of companies in the region that have obligations to implement corporate social responsibility. Government supervision, through local government, will provide optimal impact for efforts to realize the improvement of community welfare, so it will not trigger disputes between communities and oil and gas mining companies in the region, due to neglected fulfillment of surrounding community rights resulting from oil and gas mining management. The research method used a qualitative approach with data collection techniques through interviews, observation, and documentation study. The results showed that the readiness of the East Seram Regency Government to prepare regional regulations for supervising oil and gas mining management activities in the region is marked by initiating meetings with various companies located in East Seram Regency and establishing the formulation of East Seram Regency Regional Regulation on CSR as a priority agenda to be proposed in the draft regional regulation this December with prioritized enactment in 2025.
Settlement of Marital Problems By Using The Traditional Institutions of Married Brothers Latupono, Barzah; Kuahaty, Sarah Selfina; Pesulima, Theresia Louize
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.v29i2.1348

Abstract

Introduction: Many marital problems arise in the household so that many households end their marriages in court, but settlement in court faces many obstacles due to the accumulation of unresolved marriage cases.Purposes of the Research: To find out and analyze the settlement of marital disputes using the customary institutions of married brothers in Central Maluku district.Methods of the Research: This research was conducted using an empirical juridical approach which is a descriptive study of qualitative analysis. This research attempts to describe the settlement of marital problems by using the traditional marriage system in Haruku Island District, Central Maluku Regency.Results of the Research: The results of the study show that the settlement of marriages using the customary institution of married brothers in the Haruku Island sub-district is very beneficial for husbands and wives who have problems in their marriage which can be resolved by their married relatives, both world problems and their afterlife problems that exist in their married life so that no longer are settlement issues settled in court.
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.
Perlindungan Hukum Bagi Konsumen Atas Produk Makanan Yang tidak Memenuhi Standar Mutu Belassa, Saputra; Pesulima, Theresia Louize; Sopamena, Ronald Fadly
KANJOLI Business Law Review Vol 1 No 2 (2023): Desember 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.v1i2.11617

Abstract

Consumer protection is important considering the ever-increasing speed of science and technology. This research aims to examine how legal protection is for consumers for food products that do not meet quality standards and what legal measures can be taken by consumers who experience losses. The type of research used in this writing is normative legal research. By using a statutory approach and a concept approach. Analysis of legal materials uses qualitative methods, namely studies related to legal norms contained in statutory regulations and legal norms that exist in society. The qualitative analysis method is carried out by analyzing legal materials based on concepts, theories, laws and regulations, expert opinions and the author's own views that are relevant to the problem under study, then interpretation is carried out to conclude from this research question. The results of this research conclude that the form of legal protection for consumers in consuming food products based on the UUPK aims to protect consumers and monitor negligent actions on the part of business actors in managing food products, as an effort to empower business actors to be able to maintain the quality of their products, without intending to kill the businesses of business actors. the. The existence of the UUPK provides encouragement for business actors to become smart entrepreneurs and aware of the law in providing quality products. There are two legal remedies that Siwalima Ambon High School students can take as consumers for the losses experienced, namely by litigation legal remedies or legal remedies carried out in court through lawsuits for violations of the business actor and non-litigation legal remedies or legal remedies outside the court which can be resolved by Consumer Dispute Resolution Agency (BPSK) through mediation, arbitration and consolidation forums as regulated in Article 45 paragraphs 1 and 2 UUPK.
Tanggung Jawab Direksi Terkait Rapat Umum Pemegang Saham (RUPS) Tahunan Noija, Gloria Gracia; Pesulima, Theresia Louize; Pariela, Marselo Valentino Giovani
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.v3i1.19810

Abstract

The Annual General Meeting of Shareholders is an important forum for shareholders to obtain the Board's accountability report on the management of the company over the past financial year. The Board, as the company's organ responsible for its operations, has the obligation to hold the Annual General Meeting in accordance with applicable laws and regulations. Based on Law Number 40 of 2007 concerning Limited Liability Companies Article 78 Paragraph 2 of the Company Law, the annual General Meeting of Shareholders (RUPS) must be held no later than six months after the end of the financial year. However, the reality is that there are still companies that do not hold the RUPS. The type of research used is a normative legal approach 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 being studied. The Board of Directors is fully responsible for the implementation of the Annual General Meeting of Shareholders, which includes the obligation to hold the meeting no later than six months after the end of the financial year, to prepare and submit an annual report to the shareholders, and to ensure that the financial statements have been audited by a public accountant if required. The Board of Directors is also required to be present at the General Meeting to provide explanations regarding the company's performance and condition, as well as to follow up on any decisions made during the meeting. The entire implementation process of the GMS must be carried out in accordance with the provisions of the Company Law, the company's articles of association, and the principles of good corporate governance. Meanwhile, the Board of Directors that does not hold the GMS obviously contradicts the provisions of the Company Law, particularly Article 78 Paragraph (2), and can be categorized as an unlawful act if it fulfills the elements in Article 1365 of the Civil Code.
Literacy of Contracts for the Procurement of Goods and/or Services to Village Government Officials Kuahaty, Sarah Selfina; Pesulima, Theresia Louize; Sinaga, Roulinta Yesvery
AIWADTHU: Jurnal Pengabdian Hukum Volume 5 Issue 3, November 2025
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/aiwadthu.v5i3.3386

Abstract

Introduction: The suboptimal use of village funds is due to the lack of understanding and knowledge among village government officials and Human Resources (HR) regarding proper procurement procedures, including drafting effective procurement contracts. This suggests that procurement of goods and services could potentially lead to legal issues.Purposes of The Devotion: The purpose of this community service is to transform information and legal knowledge related to the technique of Procurement of goods and/or services contract drafting from Village funds and village fund allocations.Method of The Devotion: The outreach activities are carried out by conveying counseling, discussions and training.Results Main Findings of the Devotion: Improving the understanding of staff government Sanahu village regarding contract procurement for goods and/or services is carried out to provide education on agreement law in the implementation of procurement whose funding sources come from Village Funds and Village Fund Allocations. The legal education provided is to provide an understanding of the basic concepts of agreement law, dissemination of the procedures procurement for goods and/or services in the village; and training in procurement contract drafting using simple position cases related to the procurement of office stationery for staff government Sanahu village.
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