Pesulima, Theresia Louize
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Jaminan Sertifikat Hak Milik Atas Tanah Bukan Oleh Pemegang Hak Milik Dalam Perjanjian Kredit Perbankan Sitania, Aryantho Dwiputra; Pesulima, Theresia Louize; Pariela, Marselo Valentino Geovani
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.v1i6.641

Abstract

Introduction: An agreement is made in oral or written form, where both parties bind themselves and cause legal consequences. The legal protection of the certificate holder can be realized if the issuance of the certificate does not have a juridical defect, namely defects in procedure, substance, or authority. Purposes of the Research: The purpose of this research is to study and find out how the form of legal protection for the first party as the owner of the certificate and find out how the second party's civil liability for certificates borrowed and used as collateral.Methods of the Research: The method used is a normative juridical research method using a statutory approach, a conceptual approach and also a case approach.Results of the Research: The results of this study explain that regarding legal protection for certificate owners whose certificates are used by other people to enter into credit agreements in banking, because the party making the credit agreement does not have a certificate to be used as collateral in the process of borrowing money at the bank, as well as the responsibility of the certificate borrower. in accordance with applicable regulations.
Itikad Baik Konsumen Dalam Pemanfaatan Air Bersih Usmany, Dominggus Pier; Kuahaty, Sarah Selfina; Pesulima, Theresia Louize
TATOHI: Jurnal Ilmu Hukum Vol. 1 No. 8 (2021): Volume 1 Nomor 8, Oktober 2021
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v1i8.800

Abstract

Introduction: Some of the findings of cases carried out by the Regional Drinking Water Company of Ambon City, in fact, consumers as customers do not use clean water in accordance with the Consumer Protection Law which regulates consumer obligations, especially consumers' good ethics towards companies.Purposes of the Research: To find out the form of consumer good faith in the use of clean water and legal remedies that can be taken by business actors against consumers who do not have good intentions in the use of clean water.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 indicate that consumers/customers are obliged to carry out their obligations to the Regional Drinking Water Company of Ambon City. Legal Efforts to resolve disputes, broadly speaking, there are two models of civil dispute resolution, namely litigation and non-litigation. These two types of dispute resolution models are anticipated when a dispute cannot be resolved with only one settlement model. Consumers who have obtained their rights from the Regional Drinking Water Company of Ambon City/business actors but they do not have the good faith to carry out their obligations may be subject to sanctions.
Perlindungan Konsumen Terkait Harga Barang Yang Tidak Sesuai Tertera Pada Etalase Dan Struk Belanja Masitha, Dewi; Pesulima, Theresia Louize; Balik, Agustina
TATOHI: Jurnal Ilmu Hukum Vol. 1 No. 11 (2022): Volume 1 Nomor 11, Januari 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v1i11.867

Abstract

Introduction: Consumer protection at this time cannot be separated from trading activities.Purposes of the Research: The purpose of writing this paper is. To find out the legal protection for consumers and the responsibilities of business actors regarding inappropriate prices in storefronts and shopping receipts. Methods of the Research: The research method used is normative juridical, with a statutory and conceptual approach. The sources of legal materials used are primary, secondary, and tertiary legal materials.Results of the Research: The results show that legal protection for consumers is to protect consumer rights, namely the right of consumers to obtain correct, honest and clear information regarding the state of guaranteed services and goods and rights to be served and treated honestly and correctly without discrimination. Thus, it can be seen that if there is a difference between the price of the goods listed and the price or tariff charged at the time of payment, the lowest price or tariff shall prevail.
Perlindungan Hukum Bagi Penerima Waralaba Dalam Pemutusan Perjanjian Secara Sepihak Rappe, Arifin; Kuahaty, Sarah Selfina; Pesulima, Theresia Louize
TATOHI: Jurnal Ilmu Hukum Vol. 2 No. 1 (2022): Volume 2 Nomor 1, Maret 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i1.894

Abstract

Introduction: A franchise agreement is a special agreement or also called an anonymous agreement, because it is not found in the Civil Code.Purposes of the Research: This writing aims to examine and discuss legal protection for franchisees related to unilateral termination of agreements made by the franchisor. Methods of the Research: The method used is a normative juridical research method using a statutory approach and a conceptual approach.Results of the Research: The results obtained from the research, the impact of unilateral termination of the agreement causes franchisees to sue and resolve disputes by way of deliberation by giving a warning or subpoena and also through out-of-court channels in accordance with Law Number 30 of 1999 paragraph (1) concerning Arbitration and alternative dispute resolution. This is also inseparable from the franchisor's responsibility for unilaterally terminating the agreement to the franchisee and the franchisee has the right to claim losses in accordance with Article 1243-1252 of the Civil Code.