Claim Missing Document
Check
Articles

Found 5 Documents
Search
Journal : PATTIMURA Law Study Review

Tanggung Jawab Pelaku Usaha Tehadap Penetapan Harga Yang Berbeda Atas Produk Sejenis Dwiyanti Adelin Hetharie; Teng Berlianty; Muchtar Anshary Hamid Labetubun
PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 2023 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v1i1.10040

Abstract

ABSTRACT: Along with progress from various aspects, especially progress in the economic sector, facilitating transactions by consumers, the existence of supermarkets adds to consumer satisfaction in shopping, because of its advantages compared to traditional markets. In order to prevent arbitrary actions from occurring on the part of business actors in order to obtain the maximum profit in various ways, including selling similar products at different prices, legislators realize that most business transactions are based on agreements between business actors. The method used in this research is a normative legal research method through a literature study with a conceptual approach and statutory approach. The legal materials used are primary, secondary and tertiary legal materials which are analyzed qualitatively to answer the problems studied. Business actors have the right to set prices for the products sold. In setting prices by business actors, there may be different prices for similar products. Factors that cause price differences for similar products are the negligence of sales clerks in making price adjustments, limited number of employees and deliberate fraud. Business actors are responsible for consumer losses due to price differences in similar products. Consumers are entitled to the right to compensation (compensation) for violations committed by business actors either due to negligence or on purpose. Supermarkets that make price differences on similar products can be subject to administrative sanctions or criminal sanctions. Business actors should be able to run their business properly in accordance with applicable regulations. If a price difference is found for similar products determined by the Business Actor, the Business Actor is proven to have violated Article 8 paragraph (1) letter (f) of Law Number 8 of 1999 concerning Consumer Protection and may be subject to sanctions in the form of imprisonment and fines. Consumers are expected to be more careful and smarter in shopping so as not to be harmed by business actors.
Perlindungan Hukum Terhadap Pemegang Hak Cipta Karya Sinematografi Atas Situs Penyedia Streaming Gratis Di Media Internet Evi Pradita Ismail; Theresia Nolda Agnes Narwadan; Muchtar Anshary Hamid Labetubun
PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 2023 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v1i1.10099

Abstract

ABSTRACT: The development of the age is directly proporent to the development of life-sustaining technologies such as the Internet, while cyberspace may also present special drawback to copyright. On the Internet countless free streaming websites that disseminate cinematography (movies) without the permission of copyright holders which have violated the copyright owners' economic rights of duplicating, distributing and using the copyright holder without permission, Research shows that protection against copyright holders by cinematography on the Internet's free streaming site consists of preventive law of surveillance, coordination, and cooperation with the creation, dissemination and surThe research method used was normative-yuridis, using the problem approach of legislation and conceptual approach, the source of the legal materials used in the primary, secondary and tertiary materials. The technique for collecting legal materials used was the collecting of judicial material, which was analyzed using qualitative methods. Veillance of the ACTS of cinematography and the recording of creation. As well as the repressive protection by closing or blocking free streaming sites on Internet media by kominfo, the repressive protection is in the form of temporary judges, penalties for damages and criminal proceedings. As a result of the law that receives free streaming site owners is sanctioned by paying damages to copyright holders and criminal penalties of prisons and penalties.
Perlindungan Hukum Terhadap Kreditur Atas Jaminan Hutang Berupa Hak Cipta Konten Youtube Elvira Lorna Fidelia Zai; Theresia Nolda Agnes Narwadan; Muchtar Anshary Hamid Labetubun
PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 2023 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v1i1.10844

Abstract

ABSTRACT: In Government Regulation Number 24 of 2022 Concerning the Creative Economy, it makes it easy for creative economy actors who have intellectual property rights certificates through this regulation, the Government gives permission to content creators who already have intellectual property certificates to serve as bank credit guarantees. However, there are still confusions in this implementation because the creditor will suffer losses when the debtor's default occurs because the collateralized asset is blocked. so that the valuation of assets in the form of intellectual property rights on the youtube channel is very difficult to do based on Article 25 paragraph 1c Law 24/1999 concerning fiduciary guarantees stipulating that fiduciary guarantees are deleted due to the destruction of objects that are objects of fiduciary guarantees automatically bank financial institutions suffer losses. The research method used is normative juridical, using a problem approach, namely the statutory approach and contextual approach, the sources of legal materials used are primary, secondary and tertiary legal materials. The legal material collection technique used was library legal material collection, which was analyzed using qualitative methods. The results of this study indicate that legal protection for creditors for copyrighted YouTube content is in the form of copyright, namely through preventive legal protection provided by the government in the form of prevention before violations occur, efforts are made to prevent violations from occurring, namely the application of judgment on banks to carry out the precautionary principle when giving credit to customers by conducting judgments on private customers, businesses and collateral objects provided by customers and repressive protection, namely final protection in the form of sanctions and punishments carried out through executorial titles. Settlement of disputes with YouTube content copyright as collateral is litigation settlement by filing lawsuits with commercial courts and non-litigation with settlements through negotiation, mediation and conciliation.
Perlindungan Hukum Terhadap Konsumen Dalam Transaksi E-Commerce di Media Sosial Facebook Sapulette, Mariska Zefanya; Pesulima, Theresia Louize; Labetubun, Muchtar Anshary Hamid
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.v2i2.16087

Abstract

Online buying and selling is carried out by someone through various private social media channels, therefore online buying and selling is directly connected to sellers and buyers. One of the social media used for online buying and selling is Facebook, however in buying and selling via Facebook there are still problems where there is a lot of fraud because online buying and selling activities do not involve face-to-face activity between buyers and sellers. Online buying and selling agreements are also regulated in Article 5 and Article 6 of Law Number 11 of 2008 concerning Information and Electronic Transactions, hereinafter referred to as the ITE Law, which states that information, documents and electronic signatures can be valid evidence in buying and selling transactions. Online is considered valid as long as the information contained therein can be accessed, displayed, its integrity is guaranteed, and can be accounted for so that it explains a situation. The type of research used is a type of normative research which is carried out by examining library materials or secondary data, legal materials consisting of primary legal materials, secondary legal materials and tertiary legal materials. The procedure for collecting legal materials is carried out by examining legal materials, compiling legal materials, systematic legal materials and finally processing and analyzing legal materials. The research results show that the responsibility of business actors towards consumer rights is regulated in article 19 of Law Number 8 of 1999 concerning Consumer Protection and as well as other legal protections in transactions on social media in online buying and selling as regulated in Law Number 11 2008 concerning Information and Electronic Transactions (hereinafter referred to as the ITE Law) as amended by Law Number 19 of 2016.
Akibat Hukum Perkawinan Dibawah Tangan Rumfaran, Ani; Angga, La Ode; Labetubun, Muchtar Anshary Hamid
PATTIMURA Law Study Review Vol 2 No 3 (2024): Desember 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.v2i3.17443

Abstract

Marriage under hand is a legal marriage if it is carried out according to religion and each belief, but according to the law it is invalid because the marriage is not officially registered at the Office of Religious Affairs or the Civil Registration Office so that it can cause various significant legal consequences, including the loss of legal protection, child status, rights and obligations of husband and wife in administrative difficulties are legal institutions that have a significant impact on individuals and society. This research aims to examine the legal consequences of marriage in the context of positive law in Indonesia. The research method used is normative juridical, using a statutory approach, conceptual approach and case approach. The law used is literature study, journals and internet media. The results of the study indicate that the Legal Status of Marriage Under the Hand in Review of Positive Law in Indonesia is a marriage under the hand or marriage sirri is a marriage that is not registered according to the applicable laws and regulations, so that legally the marriage is considered to have never existed, because it does not have outentik deed evidence. Another legal consequence is that the wife, children and other relatives of the wife cannot claim their legal rights to the husband and even children from the marriage cannot use their birth certificates using their father's name as the name of their parents ever existed, because they do not have proof of authentic deeds.