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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 Obligation of Adopted Children to Fulfill Parents' Alimentary Rights Tjoanda, Merry; Panjaitan, Wijaya Natalia; Lenggono, Roy Prabowo
Batulis Civil Law Review Vol 6, No 1 (2025): VOLUME 6 ISSUE 1, MARCH 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/ballrev.v6i1.2815

Abstract

Introduction: Child adoptions have been carried out in different ways and motivations, in accordance with the current legal system and regulations in society. Parents who adopt a child will assume the obligation to raise the adopted child like a biological child. However, the question of the responsibility of the adopted child for the fulfillment of the alimony rights of his or her adoptive parents has also become a legal study and social practice.Purposes of the Research: This research aims to analyze the obligations of adopted children to fulfill their parents' allimentary rights.Methods of the Research: The type of research used is sociolegal research, which is a combination research method between doctrinal legal research methods and empirical legal research methods.Results Main Findings of the Research: Adopted children have clear legal obligations to the adoptive parents in terms of the fulfillment of allimentary rights. In addition, there is a need for clarity to strengthen regulations regarding the rights and obligations of adopted children in the Civil Code in Indonesia. This is important to provide legal certainty for all parties and increase public awareness of the rights and obligations carried by adopted children.
Legal Protection For Heirs Against Inheritance Ramadhan, Fadel; Tjoanda, Merry; Latupono, Barzah
PAMALI: Pattimura Magister Law Review Vol 5, No 1 (2025): MARCH
Publisher : Postgraduate Program in Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v5i1.2076

Abstract

Introduction: The agreement of all heirs to the transfer of land rights through sale and purchase is an important component that must be a concern for the parties who carry out the sale and purchase, especially inherited land. In this case, the holder of his land rights gets legal protection later, therefore, analyzing and reviewing the issue of legal protection to heirs of inherited property.Purposes of the Research: This study aims to find out how the validity of buying and selling inheritance without the knowledge of heirs and how legal protection to heirs against buying and selling inheritance property.Methods of the Research: This research uses normative juridical research methods, legal approaches, case approaches, conceptual approaches used in this research. In addition, to solve legal issues, sources of legal materials are needed, namely primair legal materials, secondary legal materials, and tertiary legal materials.Results Main Findings of the Research: Shows that the validity of the sale and purchase of inheritance assets of the Supreme Court of the Republic of Indonesia Decision Number 702 PK / PDT / 2020 which does not meet Article 1320 of the Civil Code and Article 1471 of the Civil Code. Furthermore, legal protection to heirs against the sale and purchase of inheritance can make new legal remedies with a deliberative approach to obtain a share of absolute rights or legitime portie in claiming losses that have been suffered by heirs based on the provisions of Article 913 of the Civil Code, if deliberation is unsuccessful, they can file a lawsuit based on Article 834 of the Civil Code and Article 835 of the Civil Code and Article 1365 of the Civil Code which is the basis for The context of legal protection to heirs which is the right and interest of heirs to the sale and purchase of an inheritance object.
Liability of Debtors for Default on Credit Agreements In Savings and Loan Cooperatives Noya, Jelien Bridelia; Tjoanda, Merry; Haliwela, Nancy Silvana; Lenggono, Roy Prabowo
TATOHI: Jurnal Ilmu Hukum Volume 5 Issue 2, April 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v5i2.2968

Abstract

Introduction: Cooperatives are one of the people's choices to develop their business by lending business capital, in the implementation of credit in savings and loan cooperatives, there are often problems such as late payments (bad loans) to defaults that cause losses for the cooperative, where savings and loan cooperatives have provided benefits to the community according to the purpose of the cooperative.Purposes of the Research: To analyze and review the Debtor's Responsibility for the Default of Credit Agreement in the Savings and Loan Cooperative.Methods of the Research: The research method used is normative juridical with the approach used in this study is a conceptual approach, to answer existing problems, the author collects legal materials through literature studies and analysis with descriptive analysis methods.Findings of the Research: The results of this study show that the implementation of credit in savings and loan cooperatives that occur in the community has not gone well, because there are often verbal credit agreements that cause problems. If the debtor does not resolve the default can be attributed as a default, and the default can be accounted for in court. So that the credit agreement in the savings cooperative must be in writing so that it can be strong evidence and not be a problem, so that the government is obliged to carry out supervision on cooperatives, especially for collection officers who directly go down to the community.
Perlindungan Hukum pada Debitur atas Penarikan Objek Jaminan Fidusia melalui Parate Eksekusi Junaedi, Budi; Tjoanda, Merry; Berlianty, Teng
PATTIMURA Legal Journal Vol 1 No 2 (2022): Agustus 2022 PATTIMURA Legal Journal
Publisher : Postgraduate Program Doctoral in Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (733.924 KB) | DOI: 10.47268/pela.v1i2.6433

Abstract

Introduction: The arrangement for the execution of fiduciary guarantees as explained in the decision of the Constitutional Court Number 2/PUU-XIX/2021 requires the execution of a fiduciary guarantee certificate which is carried out and applies the same as the execution of court decisions which have permanent legal force. Purposes of the Research: This study aims to find out how the procedure for withdrawing fiduciary guarantees is through the execution parate, and what forms of legal protection are given to debtors for the withdrawal of fiduciary guarantees through the execution parate. Methods of the Research: This study uses a normative legal research method, which aims to determine the procedure for withdrawing fiduciary guarantees through the execution parate, and how the form of legal protection is given to debtors for the withdrawal of fiduciary guarantees through the execution parate. Results Originality of the Research: Legal protection for debtors for the withdrawal of the object of fiduciary security is strengthened through the decision of the Constitutional Court Number 2/PUU-X1X/2021. The decision regulates the existence of an agreement or voluntary surrender of the object of fiduciary security from the debtor to the creditor without any act of unilateral control of the object of guarantee by the creditor. On the other hand, if there is no agreement or voluntary surrender, then new control can be carried out with the knowledge of the court
Pelaksanaan Gadai Tanah Menurut Masyarakat Adat Madura Khomaizah, Khomaizah; Tjoanda, Merry; Matuankotta, Jenny Kristiana
PATTIMURA Legal Journal Vol 2 No 2 (2023): Agustus 2023 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.v2i2.10496

Abstract

Introduction: Agricultural land mortgage is the act of transferring land rights to another person which is done clearly and in cash, the party who transfer the title has the right to redeem the land. Than the transfer of land rights to the pawn is temporary. Facts in the field pawn land is done in a customary way, wich causes the mortgage time to last for years. This contradicts which law No. 5 of 1960 agrarian basic regulations and 7 paragraph 1 of law No. 56 of 1960 the determination of agricultural area. Purposes of the Research: This study aims to analyze the implementation of land pawning in the madurese indigenous people. Methods of the Research: The research approach method used is a statutory approach and a conceptual approach. The bahan hukum obtained in the form of primary bahan hukum and secondary bahan hukum and tertiary bahan hukum. This type of research is normative research through literature study. Bahan hukum were analyzed by qualitative analysis by presenting bahan hukum in narrative form. Results Originality of the Research: The results of the study show that the practice of pawning agricultural land in the madurese community continues for years, even to the customary heirs there. And do not follow according to the provisions 7 paragraph 1 of law No. 56 of 1960 the determination of agricultural area. This requires legal protection against the implementation of land pledges that are nt in accordance with artcle 7 of law No. 56 of 1960. The land mortgages that exceed 7 year must be returned to the owner without ransom. As well as legal consequences for the implementation of land pawning without a time limit that occurred in Waru Pamekasan Madura, that can be subject to a 3-mont sanction and or a maximum fine of 10.000.
Consumer Protection in the Use of Traveloka Paylater Litaay, Elsina Agustina Minely Litaay; Tjoanda, Merry; Kuahaty, Sarah Selfina
PAMALI: Pattimura Magister Law Review Vol 5, No 2 (2025): JULY
Publisher : Postgraduate Program in Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v5i2.2135

Abstract

Introduction: In the current era of economic globalization, the growth of the business world requires balanced support between consumer protection and business actors, especially in the context of technology that is increasingly developing, one of which is financial technology.Purposes of the Research: The research aims to analyze and discuss the legal protection that consumers get in the use of Traveloka Paylater as well as to examine and analyze the liability of Traveloka Paylater if consumers are harmed in the use of paylater.Methods of the Research: The research method used is with the type of normative legal research and the research approach of legal concept analysis with the Library Research collection technique.Results Main Findings of the Research: The findings of the study show that the Form of Legal Protection for consumers who use traveloka paylater is carried out through the provision of Information and Consumer Protection through the provision of Clear and Comprehensive Terms and Conditions, making a Refund and Transaction Cancellation Policy as a Form of Consumer Protection in the face of unwanted or problematic situations, a Fair and Transparent Dispute Resolution Mechanism is a means of legal protection that important to consumers. Traveloka's liability if consumers are harmed in the use of paylater is strict liability. Traveloka in this case has an obligation to be responsible through compensation to consumers This refers to the principle of absolute liability (Strict Liability), which no longer questions about whether or not there is a fault, but business actors are directly responsible for the losses experienced by consumers.
The Influence of Island Group Development on the Fulfillment of Equitable Energy Tianotak, Nasarudin; Tjoanda, Merry; Laturette, Adonia Ivonne; Latupono, Barzah
LUTUR Law Journal Vol 6 No 1 (2025): May 2025 LUTUR Law Journal
Publisher : Program Studi Hukum Diluar Kampus Utama Universitas Pattimura Kabupaten Maluku Barat Daya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/lutur.v6i1.21958

Abstract

Article 18A paragraph (1) of the 1945 Constitution also stipulates that: The authority relationship between the central government and provincial, district and city regional governments, or between provinces and districts and cities, is regulated by law taking into account regional specificities and diversity. Seeing the importance of marine areas above, the Indonesian government should have a legal policy for developing marine areas. One of the island groups that can be found in Indonesia is located in Maluku. However, this goal of being a state cannot be fully realized, because a number of regions in the archipelagic region do not receive fair and harmonious treatment with other regions. To answer legal issues, researchers use normative juridical research. The research approaches used are the Legislation Approach, Comparative Approach, Conceptual Approach. The development of island groups towards the fulfillment of equitable energy in archipelagic provinces is carried out by formulating national energy policies which include energy availability for national needs, energy development priorities, utilization of national energy resources and national energy buffer reserves, energy supply policies and priorities for energy and reserve development. National Energy Administration is directed at ensuring the security of the national Energy supply through the proportional use of Energy Resources, both non-fossil Energy Resources such as geothermal, biomass, water flow and waterfall power, solar power, wind power, nuclear power, movement power and temperature differences in sea layers, as well as fossil Energy Resources such as petroleum, coal, natural gas, coal methane gas.
Ganti Kerugian Akibat Wanprestasi Perjanjian Kerja Sama (Bagi Hasil) Kajian KUHPERDATA Alwi, Lala; Tjoanda, Merry; Radjawane, Pieter
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.v1i2.11618

Abstract

The breach of contract in a cooperation agreement resulting in losses to the creditor as the capital provider constitutes a breach of contract. Thus, it is necessary to examine the legal relationship between the debtor and creditor, as well as the form of compensation for losses due to the breach of contract in the profit-sharing agreement. This research method is juridical-normative and is descriptive-analytical, utilizing an approach formulated within the results of literature research from primary, secondary, and tertiary legal materials analyzed and examined in a structured assessment. The research results indicate that the legal relationship between the debtor as the fund recipient and the creditor as the fund provider is governed by the cooperation agreement or profit-sharing, regulating the rights and obligations of both parties, including the legal relationship between the debtor and creditor referring to the relationship formed when the debtor takes a loan or receives credit from the capital provider (creditor). This relationship is governed by an agreement/contract that regulates the rights and obligations of both parties, covering various aspects such as the Agreement/Contract Relationship, financing, trust, and supervision relationships. In the event of a breach of promise by the debtor, the consequence in the form of compensation is the debtor's obligation to pay damages arising from the debtor's negligence as regulated in the Civil Code, consisting of three types: costs, losses, and interest. In connection with the above problem, even though the legal terms of lending have been agreed upon in the agreement/contract, the regulation of these legal relationships must also be included in the agreement to prevent future breaches that may cause losses to the capital provider (creditor).
Perbuatan Melawan Hukum Atas Penggunaan Aplikasi Micha Gurium, Abdul Haji; Tjoanda, Merry; Haliwela, Nancy Silvana
KANJOLI Business Law Review Vol 2 No 2 (2024): Desember 2024 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.v2i2.13001

Abstract

The development of builders is increasing, especially in the field of information and communication technology that is growing rapidly, so that work or human needs are getting easier, with advances in technology in the form of applications that exist today. Many activities or needs can be met, such as being used to order meals through the application. However, developments in the field of technology have resulted in a michat application that is used as immoral acts which are against the law. as in Article 1365 of the Civil Code. The use of the michat application is currently used as a means of communication, but is often used to commit immoral acts. as a form of unlawful act. As a result, sanctions will be imposed. The research method that uses is normative juridical, by examining various laws and regulations and other literature related to research. The purpose is to find out and explain how the form of unlawful acts and sanctions for unlawful acts with michat application users. The results of this study show that the use of the michat application is a form of unlawful acts, moral norms and religious norms (Islam) because it is used for immoral acts and the use of the michat application is sanctioned in accordance with the law in order to get a deterrent effect for its actions and will not do similar actions. The use of the michat application is a form of unlawful action and gets sanctions according to the law. So it is necessary to give an understanding to michat application users, and there must also be government supervision of michat application users.
Prudent Principle Dalam Penyaluran Kredit Pada Layanan Digital Perbankan Sopamena, Siska Vilonia Indah; Tjoanda, Merry; Kuahaty, Sarah Selfina
KANJOLI Business Law Review Vol 2 No 1 (2024): Juni 2024 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.v2i1.13262

Abstract

In credit distribution carried out through digital banking services, approval of credit applications and data verification are processed more quickly than if done conventionally. This gives rise to the implication that the prudent principle for providing credit or other financing has not been fully implemented and could result in losses for the bank and the Debtor Customer if it continues if the prudent principle is not implemented properly. The aim of this research is to review and discuss the application of the Prudent Principle in the procedure of acquiring credit through digital banking services as well as whether the digital procedure to acquire credit could provide protection for the parties. The legal research method used for this research is based on primary, secondary, and tertiary legal materials, and uses a statutory approach and a conceptual approach. The results of the research show that the prudent principle must be implemented effectively to determine whether the prospective Debtor Customer can be trusted and is able to make payments so that both parties do not experience losses. How quickly the approval of credit applications made through digital banking services shows that the implementation of prudent principles has not been implemented properly when compared to credit applications made conventionally. Legal protection for the parties involved can be implemented by using relevant laws and regulations as a form of preventive legal protection. There is also repressive legal protection in the form of alternative dispute resolution or through civil lawsuits in court.
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