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Profit Sharing Agreement Between Eti Country and Petuanan Area In the context of Capacity Building Sopamena, Ronald Fadly
Law Research Review Quarterly Vol 8 No 1 (2022): Various Legal Issues and Its Complexity to Global Perspective
Publisher : Faculty of Law Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lrrq.v8i1.53321

In Eti Village, which is located in the West Seram sub-district, West Seram Regency, there is still an agreement for marine and plantation products sharing between the Petuanan Region and the State Government of Eti Village as the parent country in the context of capacity building. This Profit Sharing Agreement is known as the ngase system and has been implemented from 1979 to 2021This study aims to identify and analyze the profit sharing agreement from the Petuanan Area to the Parent State in the context of capacity building, and also the legal consequences of the revenue sharing agreement from the Petuanan Area to the Parent State in the context of capacity building. In accordance with the problems and objectives of this research, the type of research used is sociolegal research, namely a combination research method between doctrinal law research methods and empirical legal research methods. Based on the author's study, the ngase system is a profit-sharing agreement in oral form which is applied in the Eti Country and applies as an agreement so that it has binding legal consequences.

Salinan Akta Perjanjian dalam Kredit Perbankan Sopamena, Ronald Fadly
Bacarita Law Journal Vol 2 No 2 (2022): April (2022) BACARITA Law Journal
Publisher : Programs Study Outside the Main Campus in Law Pattimura University ARU Islands Regency

After an agreement is reached and the agreement is signed, the bank sometimes does not provide a copy of the credit agreement deed to the debtor. This will cause the debtor to find it difficult to remember the contents of the credit agreement in the future so that the debtor directly will also find it difficult to remember his rights and obligations. Thus, this study will examine the copy of the deed of agreement that is not submitted to the debtor. The research method used in this research is normative juridical or what is known as legal research which is carried out by reviewing and analyzing the substance of legislation on the subject matter or legal issue in its consistency with existing legal principles. In contrast to financial institutions, banks do not have an obligation to submit a copy of the credit deed to the debtor so that the debtor cannot keep the copy for verification purposes and also access to obtain or reread information about the products and/services listed in the agreement deed is no longer available. accessed. So, the debtor should take the initiative to ask the bank to make a copy of the agreement deed because the position of the parties in the agreement is equal and balanced.

Pemblokiran Rekening Oleh Bank Secara Sepihak Sopamena, Ronald Fadly
Bacarita Law Journal Vol 3 No 1 (2022): Agustus (2022) BACARITA Law Journal
Publisher : Programs Study Outside the Main Campus in Law Pattimura University ARU Islands Regency

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/bacarita.v3i1.6729

There are times when the bank blocks the customer's account so that the customer cannot access the money stored in the bank. This will certainly harm the customer because his money is unilaterally detained by the bank. This writing aims to discuss legal aspects and protection for customers against unilateral blocking by banks. The research method used in this research is normative juridical or what is known as legal research which is carried out by reviewing and analyzing the substance of legislation on the subject matter or legal issue in its consistency with existing legal principles. Blocking of customer accounts can be done based on the request of law enforcement if the funds are suspected to be the result of a crime. Blocking of a customer's account can also be done if the account holds assets belonging to customers who are declared bankrupt so that the curator has the authority to secure the assets. Customers who are harmed due to unilateral account blocking by the bank can take dispute resolution either outside the court or through the court.

Keamanan Produk Pangan Yang Dijual Melalui Media Sosial Dalam Perspektif Perlindungan Konsumen Pesulima, Theresia Louize; Sopamena, Ronald Fadly
Bacarita Law Journal Vol 3 No 2 (2023): April (2023) BACARITA Law Journal
Publisher : Programs Study Outside the Main Campus in Law Pattimura University ARU Islands Regency

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/bacarita.v3i2.8849

People who consume unsafe food products can endanger their health and even their lives. However, the fact is that until now these unsafe food products are still a problem that must be faced by the state. This becomes even more difficult when many food products can be found easily through social media. So that business actors can promote and market food products without a permit so that it has the potential to harm consumers. The research method used in this research is normative juridical or known as legal research which is carried out by studying and analyzing the substance of laws and regulations on the subject matter or legal issues in consistency with existing legal principles. The government can supervise or cooperate with social media managers to identify food products that do not have a permit. Repressive protection can be provided by the government by providing strict sanctions for business actors who produce food products without certification. Sanctions for business actors who ignore consumer rights include criminal sanctions and fines as well as revocation of business licenses. Thus, legal protection for consumers who consume food products distributed through social media can be more effective so that consumers are not harmed.

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 : Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/ballrev.v4i2.1772

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.

Metaverse Land Purchasing in Agreement Legal Perspective Sopamena, Ronald Fadly
Batulis Civil Law Review Vol 4, No 1 (2023): VOLUME 4 ISSUE 1, MAY 2023
Publisher : Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/ballrev.v4i1.1080

In Indonesia, the term metaverse is widely discussed when many people buy metaverse land. On the Nextearth.io site, a number of virtual lands on a digital map of the location of a number of important areas or assets in Jogjakarta have also been sold for the value of crypto currency. This is a little different because the land purchased is not land in the real world but land that only exists in the virtual world. the research objective is the mechanism and validity of land sale and purchase agreements in the metaverse. This research is normative legal research using a normative juridical method using a law approach as a source of law and supporting literature. Purchase of land in Metaverse can be done by accessing the website which is a platform used for virtual property transactions. If reviewing the agreement on the purchase of metaverse land, the sale and purchase agreement is valid because it fulfills the legal requirements of the agreement.

Perlindungan Hak Cipta Film Terhadap Konten Spoiler di YouTube Sipahutar, Mulia Risky; Akyuwen, Rory Jeff; Sopamena, Ronald Fadly
TATOHI: Jurnal Ilmu Hukum Vol 4, No 3 (2024): Volume 4 Nomor 3, Mei 2024
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i3.2140

Introduction: Nowadays, the use of social media is often used as a forum for channeling a creative work. One of the media that is widely used is YouTube. This is because youtube provides economic benefits to creators who want to participate in sharing their copyrighted works. With the development of social media and the ease of sharing the copyrighted work gave rise to many forms of copyright infringement circulating on YouTube.Purposes of the Research: The purpose of this study is to know and understand copyright infringement committed by spoiler creator content on Youtube and legal protection for movie creators from spoiler content on YouTube.Methods of the Research: The research method used is normative juridical, the problem approach used in the research is a statutory approach and a conceptual approach. The sources of legal materials used are primary, secondary, and tertiary legal materials. The technique of collecting legal materials carried out in this study with library research, then analyzed using qualitative methods.research Results of the Research: Based on research, currently the act of copyright infringement of spoiler creators' movies is rampant on YouTube. This action arises due to several factors, including low law enforcement against content that violates copyright, and the rapid development of information technology so that there is always a gap to spread content that violates copyright. The solution to copyright infringement is to close access or block content and active socialization from the government and social society regarding the importance of respecting and appreciating every copyrighted work that exists.

Keabsahan Perjanjian Lisan Dalam Masyarakat Adat Sopamena, Ronald Fadly; Fadillah, Astuti Nur; Sopamena, Siska Vilonia Indah; Rumahlewang, Fruli; Sahupala, Gregory Anthonio
SANISA: Jurnal Kreativitas Mahasiswa Hukum Vol 3, No 2 (2023): Volume 3, Nomor 2, Oktober 2023
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sanisa.v3i2.1576

Introduction: An agreement is a legal action that is often carried out by the community in order to fulfill the necessities of life. This is also often practiced by indigenous peoples in their daily lives.Purposes of the Research: This writing intends to examine the validity of the agreements practiced in indigenous peoplesMethods of the Research: This writing uses a normative juridical method based on primary and secondary legal materials, namely research that refers to the norms contained in laws and regulations.Results of the Research: The validity of an agreement is determined by whether or not the agreement is fulfilled with the legal terms of the agreement specified in Article 1320 of the Civil Code. Based on the author's analysis, agreements made in indigenous peoples fulfill the legal requirements of an agreement so that even if they are only made orally, they still have legal consequences.

Perlindungan Hukum Terhadap Pelaku Usaha Jasa Penyewaan Mobil Yang Mengalami Kerugian Akibat Dari Kelalaian Konsumen Heluth, Muttaqien; Pesulima, Theresia Louize; Sopamena, Ronald Fadly
PATTIMURA Law Study Review Vol 2 No 1 (2024): April 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.v2i1.13783

ABSTRACT: Rental agreements, general provisions apply regarding the conditions for the validity of the agreement as regulated in Article 1320 of the Civil Code, one of which is the word of agreement to enter into an agreement, meaning that both parties must have freedom of will. Regarding agreements in an agreement, it is certain that the parties implementing it want performance, but not infrequently in an agreement it is inevitable that legal events will occur in the form of non-fulfillment of performance by one of the parties. Default in the implementation of the agreement as mentioned above is an obstacle in the implementation of the rental agreement which generally occurs due to negligence on the part of the lessee. The aim of this research is to examine legal protection for car rental service business actors and the legal remedies that can be taken by car rental service business actors who experience losses as a result of consumer negligence. The method used in this research is normative juridical, namely a legal research method carried out by examining library materials and secondary data including primary and secondary legal sources which are analyzed qualitatively using conceptual and statutory approaches to answer existing problems. The results obtained from this research are legal protection for car rental service business actors for acts of consumer default, namely preventive legal protection which has been regulated in Article 6 of Law Number 8 of 1999 concerning Consumer Protection regarding the right to receive payments in accordance with agreements and rights. to obtain legal protection from consumer actions with bad intentions as well as the right to carry out appropriate self-defense in the legal resolution of consumer disputes and repressive legal protection, namely in the form of compensation as a form of legal responsibility for the tenant's acts of default or negligence in the car rental agreement. The legal action that can be taken by business actors providing car rental services is by means of deliberation (family) regarding payment and time period as well as compensation for losses that must be borne by the car renter. However, if this is not successful, other legal remedies that can be taken are through court and outside court.

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 Pattimura University

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

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

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