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All Journal Batulis Civil Law Review TATOHI: Jurnal Ilmu Hukum PAMALI: Pattimura Magister Law Review DAS SEIN: Jurnal Pengabdian Hukum dan Humaniora Jurnal Dedikasi Hukum PATTIMURA Legal Journal LUTUR Law Journal PATTIMURA Law Study Review KANJOLI Business Law Review BAMETI Customary Law Review
Tjoanda, Merry
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The Effects of Trademark Registration for MSMEs Balik, Agustina; Tjoanda, Merry; Sopamena, Ronald Fadly
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.v4i2.1772

Abstract

Introduction: Trademark rights are exclusive rights granted by the state to trademark owners who are registered for a certain period by using the brand themselves or by giving permission to other parties to use it. Based on Article 3 of Act No. 20 of 2016 Regarding Trademarks and Geographical Indications, it states that trademark rights are obtained after the Brand is registered. Thus, registration is a requirement to obtain legal protection in the field of Trademarks in the field of IPR. The presence of MSMEs in improving the national trade must be supported by the application of laws that function to protect and provide investment guarantees as wide as possible. Purposes of the Research:  In the Maluku province, based on data owned by the Maluku Province Cooperatives and MSME Office, many MSMEs have used brands on their business products, but only a few have registered their brands. Factors that influence MSMEs not to register their trademarks are the lack of knowledge and information about the importance of trademark registration. Even though seen from the prospects for MSME businesses in the Maluku province, it is very promising to be able to compete in national and international trade markets.Methods of the Research: The research method used in this study is normative juridical with the nature of the research, namely analytical descriptive. The problem approach used is a statutory and conceptual approach. The analysis of legal materials used is a literature analysis supported by additional data obtained in the field.Results of the Research: Efforts to create IPR-based development strategies is a new challenge for the government to make as a reality. The government's role is very important in spurring and activating MSMEs business actors in managing and implementing marketing strategies that can increase selling power and healthy competitiveness. Registration of trademarks in order to obtain intellectual property rights protection must be a top priority in creating intellectual property-based development. Counseling and outreach regarding the importance of legal registration of marks must be carried out from now on. Not only that, but the process of assisting MSMEs in the registration process must also be carried out, so that the counseling and legal outreach that has been carried out produces results. The advantage that can be obtained by MSMEs if their trademark is registered is the legal protection provided by the state to them, so that there will be no open gaps for other business actors to take advantage of said trademarks.
Perceraian Bagi Anggota Kepolisian Negara Republik Indonesia Tanpa Ijin Atasan Solarbesain, Fransiskus Xaverius; Tjoanda, Merry; Latupono, Barzah
PAMALI: Pattimura Magister Law Review Vol 4, No 1 (2024): MARET
Publisher : Postgraduate Program in Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v4i1.1474

Abstract

Introduction: Domestic life often occurs problems with the household dipper which then causes quarrels and disputes to lead to the breakup of marriage due to divorce. Members of the National Police who want to divorce must obtain permission from their superiors, but in their implementation there are members of the National Police who can divorce in Court without the permission of their superiors.Purposes of the Research: The purpose of this study is to examine and analyze divorce procedures by members of the Indonesian National Police and the legal consequences for members of the Indonesian National Police who divorce without the permission of their superiors.Methods of the Research: This research is a normative juridical research, using a descriptive analytical research type using primary, secondary and tertiary legal sources. The approach used is a statutory approach (Statute Approach), a conceptual approach (conceptual approach) and a case approach (Case Approach). The technique of collecting legal materials uses a literature study which is then analyzed qualitatively in order to answer the problems studied.Results of the Research: Based on the results of the research, it shows that the divorce procedure for members of the Indonesian National Police has the same stages as civil society in the judicial process. However, administratively, there are formal requirements that must be met by members of the Police who wish to divorce in the form of a supervisor's permission (recommendation). Therefore, the legal consequence is if a member of the National Police who divorces without a superior's permit does not fulfill the formal requirements, therefore the lawsuit or application must be considered formally flawed so that it must be decided with an unacceptable decision or niet ontvanklijke verklaard (NO), because the formal requirements are not met, it is a violation of police regulations so that the rights of members of the National Police cannot be granted as long as they are still in the process of being violated.
Perlindungan Hukum Pekerja Terhadap Perjanjian Kerja Siahaan, Zefany Odelia Cristy; Tjoanda, Merry; Pattipawae, Dezonda Rosiana
TATOHI: Jurnal Ilmu Hukum Vol 3, No 12 (2024): Volume 3 Nomor 12, Februari 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i12.2110

Abstract

Introduction: Labor law guarantees that every worker has the right to a decent livelihood for humanity, one of which is realized in the form of wages and employers are prohibited from paying wages under the minimum wage provisions. This emphasizes the provision of legal protections for workers to ensure the fulfillment of workers' basic rights. However, in practice there are stillemployers who provide workers with wages below the minimum wage.  Sothat workers have difficulty meeting their needs and workers' right to a decent livelihood for humanity is not achieved. Purposes of the Research: to find out and analyze the implementation of the employment agreement and the legal protection of workers against the employment agreement. Methods of the Research: This research uses the normative legal research method which is carried out by examining legal materials to answer the legal issues faced.Results of the Research: The results showed   that the implementation of the   employment agreement had met the requirements of the employment agreement, but the entrepreneur CV Gemilang Sukses defaulted on the wage element.    Because, in the employment agreement, CV Gemilang Sukses employers promised to pay workers' wages according to the Ambon City Minimum Wage. However, in its implementation, it turns out that the entrepreneur CV Gemilang Sukses pays workers' wages below the Ambon City Minimum Wage.  Then, the legal protection that workers can get from employment agreements is in the form of legal protection of workers for wages, work time, rest time and time off from working overtime, disabled workers, female workers, pregnant, childbirth, child labor, occupational safety and health, termination of employment, labor social security and morals, decency and treatment according to human dignity and dignity. . Such protection can be provided through preventive legal protections such as the creation of employment agreements and the filing of objections before signing employment agreements and through the protection of repressive laws, namely the establishment of efforts to resolve labor disputes.  The existence of legal protection in order to ensure the fulfillment  of the basic rights of workers, equalityvtreatment without discrimination for the realization of welfare for workers   and their families, taking into account the progress of the business world and the interests of employers. 
Pandemi Covid-19 Sebagai Bentuk Overmacht Terjadinya Wanprestasi Kredit di Bank Mual, Yansen; Tjoanda, Merry; Pariela, Marselo Valentino Geovani
TATOHI: Jurnal Ilmu Hukum Vol 3, No 9 (2023): Volume 3 Nomor 9, November 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i9.1951

Abstract

Introduction: The impact of Covid-19 is the weakening of the Indonesian economy, due to restrictions on activities in the business sector which show the majority of the implementation of the rights and obligations in the agreement.Purposes of the Research:  The purpose of this study is to find out whether the Covid-19 Pandemic is a Form of Overmacht Credit Default in Banking and How is Credit Default Settled Due to the Covid-19 Pandemic in Banking.Methods of the Research: The research method used is normative juridical research or literature study with a descriptive analytical research type which is a method that functions to describe or provide an overview of the object under study through legal sources.Results of the Research: The results of the research carried out must be understood that three things must be checked so that the persuasive situation clause can be applied. First, the facts must be beyond the control of the parties. Second, the ability of the parties to carry out their contractual obligations cannot be carried out due to the event that hinders them. Third, the parties have taken all steps to try to mitigate the risks that arise as a result of the event or the occurrence of such compelling circumstances. In the context of the spread of Covid-19, the first and second criteria of coercion can be said to have been met. The reason is that Covid-19 directly or indirectly has an impact on the performance and capacity of the parties so that it affects the ability to fulfill the agreement contained in the contract.
Penggunaan Permen Sebagai Alat Tukar Pengganti Uang Kilian, Siti Ramla; Tjoanda, Merry; Narwadan, Theresia Nolda Agnes
TATOHI: Jurnal Ilmu Hukum Vol 4, No 3 (2024): Volume 4 Nomor 3, Mei 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i3.2141

Abstract

Introduction: The use of candy as a medium of exchange for money is an act of diverting money in the form of candy by business actors to consumers. This is because business actors do not have coins to return to consumers, so candy will be used as a means of change.Purposes of the Research: The purpose of this research is to discuss whether candy can be used as a medium of exchange for money.Methods of the Research: By using the research method of normative juridical law (legal research). Type of descriptive analysis research. Sources of legal material consist of: a) primary legal material, namely law number 7 of 2011 concerning currency, law number 23 of 1999. b) secondary legal material, namely: doctrine, legal literature theories, research results and articles scientific. Tertiary legal materials, namely legal dictionaries, Indonesian language dictionaries, and websites. Collection and analysis of legal materials, namely collecting data, compiling it methodically and then analyzing it qualitatively to get clarity about the problems being faced.Results of the Research: The results of this study are in article 2 paragraph 2 of Law Number 23 of 1999 concerning Bank Indonesia which states that: rupiah money is a legal tender in the territory of the Republic of Indonesia, then article 2 paragraph 3 which states that: every act that uses money or has the purpose of payment or obligations that must be fulfilled with money if done within the territory of the Republic of Indonesia must use rupiah currency, unless otherwise stipulated by Bank Indonesia Regulations, meaning that only money can be used as means of payment and with return, then business actors are obliged to use cash in every payment transaction.
Interaksi Menyoal Hak Kekayaan Intelektual dengan Pelaku Usaha Mikro Batik Khas Maluku di Kota Ambon Balik, Agustina; Tjoanda, Merry; Uktolseja, Novyta; Hetharie, Yosia
DAS SEIN: Jurnal Pengabdian Hukum dan Humaniora (Journal of Legal Services and Humanities) Vol. 4 No. 1 2024
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jds.v1i2.20226

Abstract

Abstrak: Kegiatan PKM dengan judul “Interaksi Menyoal Hak Kekayaan Intelektual dengan Pelaku Usaha Mikro Batik Khas Maluku di Kota Ambon” bertujuan untuk: (1). Mengimplementasikan hasil penelitian terdahulu dengan permasalahan mengenai pendaftaran hak cipta sebagai jaminan perlindungan hukum motif batik, (2). Sebagai bentuk edukasi dan peningkatan pemahaman hukum khususnya di bidang HKI bagi Pelaku UMKM Batik Khas Maluku di Kota Ambon. PKM ini menggunakan metode pelaksanaan berupa kegiatan diskusi dengan masing-masing Pelaku UMKM Batik melalui sharing dan berbagi ilmu pengetahuan hukum. Kegiatan PKM ini memberikan manfaat melalui peningkatan pemahaman pelaku UMKM Batik di Kota Ambon mengenai aspek hukum HKI dalam rangka untuk memberikan perlindungan terhadap hasil karya merupa motif-motif batik khas Maluku yang dihasilkan oleh pelaku UMKM. Melalui kegiatan diskusi dan sharing ilmu antara tim pengabdian dan pelaku UMKM ini, ditemukan bahwa inisiatif dan kerja keras dari Pelaku UMKM untuk menghasilkan karya batik khas Maluku sangat tinggi, tetapi masih perlu didukung oleh pemahaman hukum HKI untuk melindungi karya tersebut, karena seringkali beberapa motif batik khas Maluku yang diambil oleh pihak lain untuk digunakan secara melawan hukum dan dianggap sebagai milik mereka. Oleh sebab itu, perlu juga peran serta semua elemen baik itu masyarakat, pelaku UMKM, pemerhati UMKM, pemerintah daerah bahkan perguruan tinggi untuk mengupayakan perlindungan hukum di bidang HKI dalam rangka meningkatkan pemahaman hukum masyarakat secara umum dan secara khusus pelaku UMKM. Interaction on Intellectual Property Rights with Maluku Batik Small and Medium-Sized Enterprises Actors in Ambon CityAbstract: The community service activity entitled " Interaction on Intellectual Property Rights with Maluku Batik Small and Medium-Sized Enterprises Actors in Ambon City" aims to (1). Implementing the results of previous research with problems regarding copyright registration as a guarantee of legal protection for batik motifs (2). It is a form of education that increases understanding of the law, especially in the field of IPR for Maluku Typical Batik MSMEs in Ambon City. This community service uses the implementation method in the form of discussion activities with each Batik MSME actor through sharing and sharing legal knowledge. This Community Service activity provides benefits by increasing the understanding of Batik MSME actors in Ambon City regarding the legal aspects of IPR in order to protect the work of Maluku typical batik motifs produced by MSME actors. Through discussion and knowledge-sharing activities between the community service team and MSME actors, it was found that the initiative and hard work of MSME actors to produce typical Maluku batik works were very high. However, they still needed to be supported by an understanding of IPR law to protect these works because, often, some batik motifs typical of Maluku were taken by other parties to be used against the law and considered their own. Therefore, it is also necessary to have the participation of all elements, be it the community, MSME actors, MSME observers, regional governments, and even universities, to seek legal protection in the field of IPR in order to increase understanding of public law in general and specifically MSME actors.
Kedudukan Bezitter Terhadap Objek Warisan Ruff, Elis; Tjoanda, Merry; Uktolseja, Novyta
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.v2i2.16062

Abstract

Inheritance law is part of marriage law. This relationship occurs because inheritance law regulates how a person's property and wealth will be distributed to the heirs. The inheritance process will refer to the transfer of property from heirs to heirs. The law authorizes the heirs to own the right to inheritance. Inheritance that has no heirs will be under the control of the heritage hall, in the Indonesian Civil Code Material rights, namely, Bezit, Eigendom, and material rights over other people's property, will be exercised by Bezitter after that, where Bezitter who has good faith has the right to acquire ownership of the object. The possession of an inheritance by a Bezitter can occur if the heirs do not exist or are unable to perform their rights and obligations. This refers to the application of the principle of expiration, to study and discuss the right of bezitter to the object of inheritance and to discuss the legal consequences of the object of inheritance that is leased to other parties. The legal research method used in examining this problem is normative juridical, which is based on primary, secondary, and tertiary legal materials, and uses a statute approach and a conceptual approach. The result of this writing explains that Bezitter's position on the control of an inheritance according to Article 1185 can be done if, a Bezitter who has in good faith has managed and cared for an inheritance for a long period of time (verjaring) is allowed to control an inheritance if the heirs are unable to exercise their rights and obligations. Legal protection can be done by implementing relevant laws and regulations as a preventive step in maintaining security and law enforcement.
Perlindungan Konsumen Terhadap Produk Pangan Berkemasan Plastik Yang Mengandung Bisphenol-A (BPA) Metekohy, Hervian Glen Sandro; Tjoanda, Merry; Sopamena, Ronald Fadly
TATOHI: Jurnal Ilmu Hukum Vol 4, No 5 (2024): Volume 4 Nomor 5, Juli 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i5.2440

Abstract

Introduction: Consumer rights, namely consumer comfort, security and safety are absolute and non-negotiable, including in consuming food products packaged in plastic.Purposes of the Research: This study aims to analyze consumer protection for plastic-packaged food products containing Bisphenol A (BPA).Methods of the Research: The type of legal research used to examine this issue is normative juridical, where this research is based on what is written in the laws and regulations. This research method is based on primary and secondary legal materials and uses a statute approach and a conceptual approach.Results of the Research: The Due Care principle can be used as a benchmark if it is related to the problem of food product packaging containing BPA. This is because the interests of consumers are vulnerable to being misused by business actors who only pursue large profits and because business actors are in a profitable position, business actors have an obligation to pay attention to ensure that consumer interests are not misused. Consumers are always in a vulnerable position if there are business actors who ignore consumer rights. The use of BPA in plastic packaging for food products that does not comply with the provisions is clearly an illegal act. Preventive consumer protection can be carried out by the government through a number of regulations governing provisions regarding food product packaging. Repressive protection can be provided by the government by imposing strict sanctions on business actors who produce food products in plastic packaging containing BPA
Tanggung Jawab Penjual Terhadap Pembeli Terkait Jual Beli Online Dengan Sistem Pre Order Hisbollah, Alif Adnan; Tjoanda, Merry; Balik, Agustina
TATOHI: Jurnal Ilmu Hukum Vol 4, No 4 (2024): Volume 4 Nomor 4, Juni 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i4.2431

Abstract

Introduction: Online buying and selling transactions are permitted by law, as there is a principle of freedom to contract stated in Article 1338 of the Civil Code, as long as it does not violate the provisions of Article 1337 of the Civil Code. However, there are still people who violate the agreements made, causing losses due to non-performance by the seller/business actor, namely NAMAStudios brand, to the buyer, by not delivering the ordered goods.Purposes of the Research:  Explaining the seller's responsibility in breach of contract in online buying and selling with a pre-order system, and the dispute resolution by the affected buyer in online buying and selling with a pre-order system.Methods of the Research: The research methodology used is juridical normative. A juridical normative research is a type of research that examines legal materials, legal doctrines, legal principles, legal norms, and positive legal provisions to address the legal issues being studied.Results of the Research: Article 19 of the Consumer Protection Law states that business actors are responsible for damages and losses suffered by consumers caused by the goods or services they trade. The seller can be held liable both contractually and by risk. In dispute resolution, there are two avenues that can be taken: litigation and alternative dispute resolution, in accordance with Article 38 of the ITE Law and Article 39 of the Consumer Protection Law. Consumer dispute resolution can be done through the court or alternative dispute resolution in accordance with Article 45 of the Consumer Protection Law. In terms of litigation, consumers can file a lawsuit through a class action in accordance with Article 46 paragraph (1) point 2, while non-litigation alternative avenues can be through the Consumer Dispute Settlement Agency (BPSK), also regulated in the Consumer Protection Law.
Urgensi Legalitas Merek: Penyuluhan Hukum bagi UMKM dalam Menghadapi Persaingin Bisnis Balik, Agustina; Tjoanda, Merry
Jurnal Dedikasi Hukum Vol. 4 No. 3 (2024): December 2024
Publisher : Universitas Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/jdh.v4i3.36455

Abstract

This community service activity aims to provide an understanding for small and medium enterprise (MSMEs) operators in the city of Ambon about the importance of trademark registration for MSMEs products. This program uses a legal outreach method conducted in a panel format by speakers, followed by a question-and-answer session between the community and the speakers. During the implementation of this program, it was found that many MSMEs operators are still unaware of the importance of legal protection for their product trademarks. Many MSMEs operators in Ambon also do not understand the mechanisms, procedures, and processes for trademark registration at the Directorate General of Intellectual Property.. Therefore, there is a need to enhance the competitiveness of MSMEs in Ambon by strengthening the brand identities they possess. Trademark protection can open up broader business collaboration opportunities and attract investment. Additionally, trademark registration can help MSMEs operators access larger markets, including international markets, by providing a legal basis for licensing and expansion.
Co-Authors Alwi, Lala Balik, Agustina Bandu, Sri Jekan Anggun Berlianty, Teng Fadel Ramadhan, Fadel Gurium, Abdul Haji Haliwela, Nancy Silvana Hetharie, Yosia Hisbollah, Alif Adnan Junaedi, Budi Khomaizah, Khomaizah Kilian, Siti Ramla Kuahaty, Sarah Selfina Latupono, Barzah Laturette, Adonia Ivonne Lenggono, Roy Prabowo Litaay, Elsina Agustina Minely Litaay Matuankotta, Jenny Kristiana Metekohy, Hervian Glen Sandro Mual, Yansen Narwadan, Theresia Nolda Agnes Novyta Uktolseja Noya, Jelien Bridelia Ode, Anisa Panjaitan, Wijaya Natalia Pariela, Marselo Valentino Geovani Pattipawae, Dezonda Rosiana Radjawane, Pieter Ruff, Elis Siahaan, Zefany Odelia Cristy Solarbesain, Fransiskus Xaverius Sopamena, Ronald Fadly Sopamena, Siska Vilonia Indah Tianotak, Nasarudin Uktolseja, Novyta Umarella, Fathin Luqyana Utama, Eka Satya Kartika