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All Journal Jambe Law Journal Batulis Civil Law Review TATOHI: Jurnal Ilmu Hukum PAMALI: Pattimura Magister Law Review AIWADTHU: Jurnal Pengabdian Hukum DAS SEIN: Jurnal Pengabdian Hukum dan Humaniora Jurnal Dedikasi Hukum PATTIMURA Legal Journal PATTIMURA Law Study Review KANJOLI Business Law Review BAMETI Customary Law Review
Tjoanda, Merry
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Religion Arts Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Penyelesaian Sengketa Transaksi Tanah Adat Bandu, Sri Jekan Anggun; Tjoanda, Merry; Uktolseja, Novyta
BAMETI Customary Law Review Vol 1 No 1 (2023): Juni 2023 BAMETI Customary Law Review
Publisher : Pusat Kajian Pesisir dan Masyarakat Hukum Adat Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/bameti.v1i1.9903

Abstract

This study discusses the legitimacy of customary land transactions, land ownership by conducting land transactions, the emergence of disputes from customary land transactions, and the process of resolving disputes over customary land transactions through litigation and non-litigation channels. Purposes of the Research: To find out the legitimacy of customary land transactions and find out about the dispute resolution process of customary land transactions. This study uses the Normative Law research method which is carried out by examining legal materials related to the problems being studied, using statutory and conceptual approaches, and using primary and secondary data and analyzed descriptively. Results of the Research: Basically transactions are made individually, the transaction still may not conflict with normative provisions that exist in society (requirements for the validity of the agreement/transaction; legal reasons). Because it cannot be separated from society, transactions in customary law can only be said to be valid if individual interests are balanced with the interests of society. In the process of resolving customary land transaction disputes, litigation and non-litigation can be carried out. Settlement of disputes over customary land through litigation as a settlement of disputes between parties which is carried out through examinations before judges in court institutions, in the development of the times the community's need for justice and prosperity is getting bigger. So the settlement of disputes through litigation or courts is gradually felt to be less effective, the settlement of land disputes through litigation is felt to take too long and costs quite a lot. This situation causes justice seekers to look for other alternatives, namely by resolving disputes outside the formal court process, an alternative known as dispute resolution through non-litigation channels.
Legal Protection for Parking Service Users to Standard Agreements Containing Exclusion Clauses Utama, Eka Satya Kartika; Tjoanda, Merry; Kuahaty, Sarah Selfina
PAMALI: Pattimura Magister Law Review Vol. 5 No. 3 (2025): NOVEMBER
Publisher : Postgraduate Program in Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v5i3.2234

Abstract

Introduction: The high mobility of society can be seen from the increasing number of vehicles. These vehicles certainly need a place to park, because it is impossible to use them continuously without being parked. However, in the managementof parking lots, parking managers still include exoneration clauses, both on parking tickets and at parking locations.Purposes of the Research: Review and analyze the legal protection of parking service users who apply an exoneration clause.Methods of the Research: This research is a normative legal research, using a statue approach and conceptual approach. The sources of legal materials used a primary, secondary, and tertiary legal material, then analyzed qualitatively.Results Main Findings of the Research: The form of legal protection for users of parking services containing an exoneration clause is to give protection to the fulfillmaent of consumer rights as users of parking services, where the parking management is obliged to ensure the safety of vehicles parked in parking facilities and is responsible for providing compensation in case of damaged or loss. If the parking management continues to violate the law, sanctions will be imposed, both administrative and criminal sanctions.
Tanggung Jawab Bank Terhadap Hilangnya Dana Nasabah Penyimpan Umarella, Fathin Luqyana; Tjoanda, Merry; Haliwela, Nancy Silvana
PATTIMURA Law Study Review Vol 3 No 2 (2025): Agustus 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.v3i2.23201

Abstract

The form of a bank's obligations to its customers must be linked to the issue of legal protection of the bank, so the form of the bank's responsibility cannot be separated from the provisions of laws and regulations. If a customer loses money or savings, the bank is required to provide compensation to the customer who lost their money. The type of research used is normative juridical, conducted by studying legal principles, concepts, and regulations. The research method used refers to primary, secondary, and tertiary legal materials with a legislative approach and a conceptual approach, as well as using library research. The analysis of regulatory materials is conducted from the perspective of the applicable provisions. The results of this study indicate that legal protection for customers' deposit funds in banks as consumers can be viewed in Law Number 8 of 1999 concerning Consumer Protection, which stipulates the obligation of banks to comply with the procedures for creating standard clauses, as outlined in PBI Number: 7/6/PBI/2005 concerning Transparency of Banking Products and the Financial Services Authority Regulation Number: 1/POJK.07/2013 concerning Consumer Protection in the Financial Services Sector. The responsibility of conducting business activities between banks and customers creates two sides of responsibility, namely the obligations of the bank itself and the obligations to the customers who deposit funds as a result of the legal relationship. The relationship between customers and banks involves the bank's obligation to handle customer complaints, including resolving them within the established timeframe. The responsibility of each party to maintain the confidentiality of the bank must be carefully observed so that both parties can avoid potential issues that may arise between the bank and its customers.
Legal Protection for Notaries Managing Protocols of Other Notaries: A Preventive and Repressive Approach in Indonesia Zen, Ariesta Putry Salsabila; Tjoanda, Merry; Uktolseja, Novyta
TATOHI: Jurnal Ilmu Hukum Volume 6 Issue 3, May 2026
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v6i3.3412

Abstract

Introduction: Legal protection for notaries who hold other notary protocols is a crucial issue in the Indonesian legal system to maintain the integrity of authentic deeds. Purposes of the Research: This research aims to analyze the responsibilities and forms of preventive and repressive legal protection for notaries who receive the protocol. Methods of the Research: Using normative research methods with legislative and conceptual approaches, this study examines primary, secondary, and tertiary legal sources. Findings of the Research: The main findings show that preventive protection is inadequate in the Law on Notary Offices related to the submission of protocols, while repressive protection through civil and criminal law mechanisms faces challenges in proving errors. This study identifies that the Notary Position Law needs to be clarified regarding the limitations of the responsibility of notaries who receive the protocol, especially related to negligence that occurred before the protocol was submitted. The contribution of this research is to provide concrete recommendations for the improvement of regulations to create legal certainty and notary professionalism in the management of vital state archives
Legal Study of Energy Management and Environmental Conservation in the Islands Region Based on Human Rights Tianotak, Nasarudin; Tjoanda, Merry; Laturette, Adonia Ivonne; Latupono, Barzah; Ariani, Nevey Varida
Jambe Law Journal Vol. 8 No. 2 (2025)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/g4t56p74

Abstract

Equal distribution of energy is still not truly realized for communities in remote areas in island provinces, especially Maluku. The reality shows that recht idee is still part of the long struggle of Indonesian society, especially in eastern Indonesia. Scientific studies regarding energy justice are a relatively new object of study. In fact, legal research regarding the influence of island cluster development on energy distribution in archipelagic provinces has never been carried out before. For this reason, this research was carried out to answer legal problems related to the design of equitable energy fulfillment based on human rights. The research method used is normative juridical research. Based on the research, it was found that fair energy management in fulfilling human rights in archipelagic provinces should be based on the application of norms and the aim of establishing norms in the context of protecting human rights and humanitarian aspects based on the principles of: (1) The principle of equality; (2) Community participatory principles; (3) transparent principle; (4) principles for implementing the protection of Human Rights; (5) the principle of justice in regulations for island provinces; (6) Principles of utilizing renewable technology and resources.
Interaction Questions Efforts to Preserve Maluku Musical Instruments as Traditional Knowledge in the Protection of Intellectual Property Rights: Interaksi Menyoal Upaya Pelestarian Alat Musik Khas Maluku Sebagai Pengetahuan Tradisional Dalam Perlindungan Hak Kekayan Intelektual Balik, Agustina; Tjoanda, Merry; Panjaitan, Wijaya Natalia; Lenggono, Roy Prabowo
AIWADTHU: Jurnal Pengabdian Hukum Volume 6 Issue 2, July 2026
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/aiwadthu.v6i2.3504

Abstract

Introduction: Indonesia has an abundant wealth of arts and culture, including traditional Maluku musical instruments such as the Tifa Totobuang and the Ukulele Kembar. This musical instrument is an important heritage of traditional knowledge, but it is vulnerable to copyright claims by foreign parties and has not received adequate Intellectual Property Rights (IPR) legal protection. Performing arts actors and musical instrument craftsmen in Ambon City have a high initiative to preserve their works, but there is still a lack of understanding of the legal aspects of IPR that can provide protection. Purposes of The Devotion: This activity aims to implement the results of previous research on copyright registration as a guarantee of legal protection of Traditional Knowledge, especially typical Maluku musical instruments. In addition, this activity also aims to be a form of education and increase legal understanding in the field of IPR for Performing Arts Actors and Musical Instrument Craftsmen in Ambon City. Method of The Devotion: This community service activity uses the implementation method in the form of discussion and sharing of legal knowledge directly (person by person) with Performing Arts Actors and Musical Instrument Craftsmen in Ambon City. The stages of the activity include initial coordination, preparation of discussion materials, implementation of discussions and knowledge sharing, as well as the location of activities in the place of each artist and craftsman. Results Main Findings of the Devotion: Discussion and knowledge sharing activities revealed that Performing Arts Actors and artisans of traditional Maluku musical instruments in Ambon City have high initiative and hard work in preserving their musical instruments. However, they still lack understanding about IPR protection, how to register, and the importance of this legal aspect to prevent the use of works without rights by other parties. Through this activity, there is a desire and awareness to protect traditional musical instruments through copyright registration. This activity is expected to open up insights and increase legal understanding in the field of IPR for art actors and craftsmen.
Financial Services Authority's Responsibility for Supervision of Market Conduct in Financial Services: Pertanggungjawaban Otoritas Jasa Keuangan Terhadap Pengawasan Perilaku Pasar (Market Conduct) Pada Jasa Keuangan Urath, Imelda; Tjoanda, Merry; Haliwela, Nancy Silvana
PAMALI: Pattimura Magister Law Review Vol. 6 No. 2 (2026): JULY
Publisher : Postgraduate Program in Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v6i2.3377

Abstract

Introduction: The Financial Services Authority has, in fact, not been properly implemented in its authority and supervision functions, especially related to the resolution of complaints and the imposition of sanctions on financial service actors for violations that are detrimental to consumers. Purposes of the Research: To examine the form of accountability of the Financial Services Authority in supervising market conduct and evaluating the effectiveness of the implementation of supervision in providing legal protection to consumers who suffer losses. Methods of the Research: Normative juridical methods, which are studied based on positive legal provisions, as well as legal principles, and use primary, secondary and tertiary legal materials. Results Main Findings of the Research: The results of the study show that in supervising the behavior of market participants, the Financial Services Authority is supported by regulations, both the Financial Services Authority Law and the Financial Sector Development and Strengthening Law. The Financial Services Authority supervises the behavior of market participants, through three layers as a multi-tiered supervision method and four pillars of consumer protection as a form of accountability for the Financial Services Authority in providing protection to consumers and the public who suffer losses in the Nonbank financial services sector. The Financial Services Authority is expected to continue to improve its supervision by using information technology in detecting deviations in the behavior of market participants, as well as increasing accountability in providing protection to disadvantaged consumers.
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 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 Nevey Varida Ariani, Nevey Varida 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 Urath, Imelda Utama, Eka Satya Kartika Zen, Ariesta Putry Salsabila