Articles
<![CDATA[Perlindungan Hukum Merek Produk Jus Pala di Negeri Morella Kecamatan Leihitu ]]>
<![CDATA[Nanda Salsabilla Latukau]]>;
<![CDATA[Teng Berlianty]]>;
<![CDATA[Muchtar Anshary Hamid Labetubun]]>
<![CDATA[ TATOHI: Jurnal Ilmu Hukum Vol 1, No 5 (2021): Volume 1 Nomor 5, Juli 2021 ]]>
Publisher : <![CDATA[Faculty of Law Pattimura University ]]>
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<![CDATA[Introduction: Entrepreneur who has awareness about brand registration is only whose business is big business, but entrepreneur who has micro, small, and medium enterprise is not aware of it yet.Purposes of the Research: Analyze the form of legal protection for nutmeg juice products as unregistered trademarks, and how to register nutmeg juice products in negeri Morella Kecamatan Leihitu.Methods of the Research: This research is normative legal researches which use legislation approach to slove legal issues in community. Besides, it is also based on community’s norms and statute. This research uses statute approach which uses legislation and conceptual approach.Results of the Research: The results showed that the nutmeg juice product owned by Micro, Small and Medium Enterprises in Morella Country, Leihitu Sub-district had not been able to get legal protection from the state because it had not been registered. The obstacles faced by the nutmeg juice product brand in registering its brand include an error in writing the production address (village name) of nutmeg juice product in the administrative process, the delay in submitting an administrative error correction, and the lack of cooperative members in managing the nutmeg juice brand so that the perpetrators only focuses on improving its products without paying attention to the importance of patenting its own brand.]]>
<![CDATA[Implementasi Alimentasi Anak Dalam Suatu Perceraian (Studi Kasus Putusan Pengadilan Agama Ambon Nomor: 312/Pdt.G/2018/Pa Ambon ]]>
<![CDATA[Anggitta Meirina Lubis]]>;
<![CDATA[La Ode Angga]]>;
<![CDATA[Muchtar Anshary Hamid Labetubun]]>
<![CDATA[ TATOHI: Jurnal Ilmu Hukum Vol 1, No 1 (2021): Volume 1 Nomor 1, Maret 2021 ]]>
Publisher : <![CDATA[Faculty of Law Pattimura University ]]>
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<![CDATA[Introduction: The obligations of the father and mother to care for and provide for the child still continues even though the marriage of the two partners has been divorced. According to Article 105 KHI based on marriage law in Indonesia, judges have the right to appoint the mother as the holder of child custody if the child is under 12 years of age / is not yet mumayyiz, and the father is the bearer of the child's life expenses. However, in practice the contents of the verdicts are often ignored, often the fulfillment of children's livelihoods is not carried out by fathers.Purposes of the Research: Knowing and analyzing the implementation of Child Alimentation (Case Study of Ambon Religious Court Decision Number: 312 / Pdt.G / 2018 / PA. Ab).Methods of the Research: This research method is empirical juridical research. The source of legal materials used is primary, secondary and tertiary legal materials. Data collection techniques through interviews and documentation. Data processing techniques obtained from the results of interviews and then in processing the data the author clarifies with the aim of obtaining an overview of the answers. Data analysis using qualitative methods.Results of the Research: Providing support for a child will continue to be the responsibility of a father until the child is an adult. as contained in Presidential Instruction Number 1 of 1991 concerning Compilation of Islamic Law (KHI) and Law Number 1 of 1974 concerning marriage, there are several factors inhibiting the implementation of the alimentation. The factors of non-implementation of alimentation include economic, social factors in society, and the existence of a legal vacuum against the implementation of decisions related to sanctions and the executive power of living hadhanah, Ambon Religious Court.]]>
<![CDATA[The Implications of Islamic Law Related to the Implementation of CashWaqf /Money ]]>
<![CDATA[Muchtar Anshary Hamid Labetubun]]>;
<![CDATA[La Ode Angga]]>
<![CDATA[ Jurnal Akta Vol 9, No 2 (2022): June 2022 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v9i2.21148
<![CDATA[. Cash Waqf is a term that is becoming familiar in today's society, because Cash Waqf usually refers to cash deposits in financial institutions such as banks, where Cash Waqf is usually invested in profitable business activities, profits from the investment results are used for everything that is socially and religiously useful. The purposes of this research to analize Cash Waqf that is carried out by a person, group of people, and institutions or legal entities in the form of cash/money. Also included in the interpretation of money are securities, such as shares, checks, and others. The method used in this study was normative juridical for analyzing legal issues contained in legislation related to the problem under study with qualitative analysis. The results showed that endowments in the form of cash are permissible as long as the money is invested in a business for results (Mudharabah), after which the profits are distributed according to the endowments. So that the money represented is always, on the contrary, what is informed to the mauquf ‘alaih is the result of developing the endowment of the money. However, there are several main challenges in developing the potential of Cash Waqf in Indonesia in addition to governance challenges, including the low literacy of the Indonesian people about Cash Waqf and limited financial instruments in developing the value (assets) of Cash Waqf.]]>
<![CDATA[EFFECTIVENESS OF LAW NUMBER 41 THE YEAR 1999 IN THE CASE OF ILLEGAL LOGGING IN MALUKU PROVINCE ]]>
<![CDATA[La Ode Angga La Ode Angga]]>;
<![CDATA[Barzah Latupono]]>;
<![CDATA[Muchtar A Hamid Labetubun]]>;
<![CDATA[Sabri Fataruba]]>
<![CDATA[ Cepalo Vol 3 No 2 (2019) ]]>
Publisher : <![CDATA[Universitas Lampung ]]>
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DOI: 10.25041/cepalo.v3no2.1848
<![CDATA[Ambon City and West Seram Regency (SBB) or SBB Regency, especially in Kairatu sub-district, the condition of the forest was once beautiful and green, but now, that condition has changed, the beautiful and green has changed into a stretch of land and barren grasslands. The above conditions will affect the water cycle by decreasing water discharge as a source of life for the community. The problems that will be examined in this study are is why the legal provisions in the forestry sector are not effective in communities living around State forest areas in the Maluku Province? What factors are lead the community members who live around the State forest to be obliged to implement the legal provisions in the forestry sector in the State forest area in the Maluku Province? This research was conducted by an empirical juridical approach which is descriptive qualitative analysis. The research seeks to illustrate what is happening in the communities living around the State forest in Maluku Province. The result of this research is Law No. 41 of 1999 on Forestry in Maluku province, in the city of Ambon City and West Seram District (SBB). Factors that cause residents living in the forest in the region of Maluku, the illegal logging and the second factor is the low level of awareness of the people living around the State forest area in the location of this study.]]>
<![CDATA[Penegakan Hukum Hak Cipta Terhadap Download Film Pada Situs Ilegal ]]>
<![CDATA[Arixellis Juan Efraim Hahury]]>;
<![CDATA[Theresia Nolda Agnes Narwadan]]>;
<![CDATA[Muchtar Anshary Hamid Labetubun]]>
<![CDATA[ TATOHI: Jurnal Ilmu Hukum Vol 2, No 12 (2023): Volume 2 Nomor 12, Februari 2023 ]]>
Publisher : <![CDATA[Faculty of Law Pattimura University ]]>
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DOI: 10.47268/tatohi.v2i12.1456
<![CDATA[Introduction: Copyright is the exclusive right of the creator that arises automatically based on declarative principles after a work is realized in a tangible form, without reducing restrictions in accordance with the provisions of laws and regulations. Copyright has been protected by Law Number 28 of 2014. But in reality, there are still many copyright violations such as downloading movies on sites on illegal sites.Purposes of the Research: This study aims to determine Copyright Law Enforcement Against Downloading Films on Illegal Sites. Methods of the Research: The type of research used in this thesis is the type of empirical research. The data collection method used is the method of observation, interviews and literature then the data obtained were analyzed descriptively qualitatively so as to reveal the expected results and conclusions on the problem.Results of the Research: The results of the study show that the enforcement of copyright law on downloading films on illegal sites has not been carried out in accordance with applicable law. This is based on the fact that copyright law enforcement is influenced by several factors, namely legal factors, law enforcement, infrastructure, society and culture. Legal factors, in this case the Law, have contained regulations related to copyright, but law enforcement factors have not been effective in carrying out their duties. In addition, the infrastructure factor in this case is related to the lack of support for communication facilities which is an obstacle related to reporting copyright infringement. Then the community factor and cultural factor, in this case the community still commits violations related to film copyright.]]>
<![CDATA[Pemberdayaan Masyarakat Hukum Adat Dalam Pelaksanaan Program Desa Wisata Mangrove ]]>
<![CDATA[La Ode angga]]>;
<![CDATA[Muchtar Anshary Hamid Labetubun]]>
<![CDATA[ AIWADTHU: Jurnal Pengabdian Hukum Volume 3 Nomor 1, Maret 2023 ]]>
Publisher : <![CDATA[Faculty of Law Pattimura University ]]>
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DOI: 10.47268/aiwadthu.v3i1.1191
<![CDATA[Introduction: Mangrove forests are indispensable for coastal communities, because they can protect their areas when the water is high tide and very strong winds. Tourism with management by residents always prioritizes a bottom-up approach, and sustainable tourism always prioritizes a top-down approach.Purposes of Devotion: After participating in mentoring activities, the preparation / empowerment of indigenous peoples in the implementation of the Mangrove Tourism Village Program in Ahoi Rat Kecamatam Kei Kecil Timur, Southeast Maluku Regency. Method of Devotion: The implementation methods used in the realization of the Excellent Prosuk Development program are counseling, training and mentoring.Results of the Devotion: The service with the title Empowerment of Indigenous Peoples in the Implementation of the Mangrove Tourism Village Program in Ahoi Rat Kecamatam Kei Kecil Timur, Maluku Regency, was carried out in Ahoi Rat Kecamatam Kei Kecil Timur, Maluku Regency. Implemented with stages: 1. Planning Stages of the Mangrove Tourism Village Program in Ohoi Rat, Kei Kecil District, 2. Phase of implementation of the Mangrove Tourism Village Program in Ohoi Rat, Kei Kecil District and 3. Stages of Mangrove Tourism Village Supervision Planning Mangrove Tourism Village Program in Ohoi Rat, Kei Kecil District.]]>
<![CDATA[Perlindungan Hak Cipta Terhadap Pembajakan Film Nasional ]]>
<![CDATA[Grivti M Asthenu]]>;
<![CDATA[Teng Berlianty]]>;
<![CDATA[Muchtar Anshary Hamid Labetubun]]>
<![CDATA[ TATOHI: Jurnal Ilmu Hukum Vol 3, No 1 (2023): Volume 3 Nomor 1, Maret 2023 ]]>
Publisher : <![CDATA[Faculty of Law Pattimura University ]]>
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DOI: 10.47268/tatohi.v3i1.1551
<![CDATA[Introduction: Exclusive rights related to economic rights and moral rights that will be attached automatically to a work created without having to register.Purposes of the Research: Analyze the form of legal protection for national film copyright holders and the process of preventing film piracy that occurs in Indonesia. Methods of the Research: The research method used in writing this thesis is normative legal research or library research, namely, legal research conducted by examining primary, secondary and tertiary legal materials.Results of the Research: The form of legal protection for national film copyright holders is guaranteed by the existence of a set of laws and regulations that function as a government tool in carrying out preventive and repressive efforts, especially for film copyright violators. The process of preventing film piracy is by registering copyright in order to obtain legal protection / legal certainty for the rights of his creations. This is an effort of Preventive Legal Protection. and can also File a lawsuit to the Commercial Court which is a Repressive Legal Protection.]]>
<![CDATA[Pembentukan Peraturan Negeri Tentang Pengelolaan Sumber Daya Pesisir di Negeri Mamala Kecamatan Leihitu Kabupaten Maluku ]]>
<![CDATA[La Ode Angga]]>;
<![CDATA[Muchtar Anshary Hamid Labetubun]]>;
<![CDATA[Sabri Fataruba]]>
<![CDATA[ AIWADTHU: Jurnal Pengabdian Hukum Volume 3 Nomor 2, September 2023 ]]>
Publisher : <![CDATA[Faculty of Law Pattimura University ]]>
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DOI: 10.47268/aiwadthu.v3i2.1183
<![CDATA[Introduction: People on small islands generally depend on natural products such as fishing, gardens, or hamlets.Purposes of Devotion: Carrying out the preparation/making of State Regulations in the management of coastal natural resources in Mamala, Leihitu District, Central Maluku Regency, participants/indigenous communities have more knowledge and understanding regarding the formation of State regulations in the field of management of coastal natural resources and small islands.Method of Devotion: The implementation method used in the realization of Counseling Counseling is carried out by the method of lectures and discussions on Mamalah State Regulations related to coastal natural resource management.Results of the Devotion: In implementing the superior product development program, the following steps were carried out: In the first stage, the Team presented the concepts for the formation of State Regulations concerning the Management of Coastal Resources in Mamala State, Leihitu District, Central Maluku Regency. The second step is to assist in the preparation of the Formation of State Regulations Concerning Coastal Resource Management in Leihitu District, Central Maluku Regency.]]>
<![CDATA[Perlindungan Konsumen Terkait Keterlambatan Pembayaran Tagihan Listrik Di Masa Pandemi Covid-19 ]]>
<![CDATA[Sarmila Walalayo]]>;
<![CDATA[Merry Tjoanda]]>;
<![CDATA[Muchtar Anshary Hamid Labetubun]]>
<![CDATA[ TATOHI: Jurnal Ilmu Hukum Vol 3, No 8 (2023): Volume 3 Nomor 8, Oktober 2023 ]]>
Publisher : <![CDATA[Faculty of Law Pattimura University ]]>
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DOI: 10.47268/tatohi.v3i8.1862
<![CDATA[Introduction: During the pandemic, the Ministry of Energy and Mineral Resources (ESDM) noted that household electricity and gas consumption increased by more than 30%.Purposes of the Research: The purpose of writing is to find out about the problem of how to regulate consumer protection related to delays in paying electricity account arrears due to the covid-19 pandemic and how to pay for electricity account arrears during the covid-19 pandemic.Methods of the Research: In writing this thesis the author uses the type of normative research. In this study, two approaches to the problem are used, namely the statutory approach and the conceptual approach. Sources of data obtained are primary legal materials, even secondary law, and tertiary legal materials. Techniques for collecting legal materials are collected, grouped according to their respective sections, both primary law, secondary law and tertiary law. All data from this study were analyzed qualitatively.Results of the Research: The results of this study indicate that Covid -19 is a non-natural disaster that can be categorized as a relative overmacht. Even though in this difficult condition there is still no legal basis that allows PLN to relax electricity bills, so that people as electricity consumers have an obligation to pay or pay off. bills according to the rules regulated in the Electricity Law. Consumers are required to pay electricity bills in accordance with the applicable rules, where if the consumer is late in paying electricity starting from the 1st-20th, it will be 1 month late and the customer will get a warning letter to pay it off immediately, if the customer has not paid the bill, the electricity will be refunded. Temporarily disconnected and if it is two months late the customer's electricity will be permanently cut off if the customer wants to install a new meter then the consumer is required to pay bills and fines beforehand.]]>
<![CDATA[Akibat Hukum Jual Beli Hak Atas Tanah Adat Yang Dilakukan Tanpa Sepengetahuan Kepala Desa ]]>
<![CDATA[Hendra Belseran]]>;
<![CDATA[Jenny Kristiana Matuankotta]]>;
<![CDATA[Muchtar Anshary Hamid Labetubun]]>
<![CDATA[ LUTUR Law Journal Vol 4 No 2 (2023): November 2023 LUTUR Law Journal ]]>
Publisher : <![CDATA[Program Studi Hukum Diluar Kampus Utama Universitas Pattimura Kabupaten Maluku Barat Daya ]]>
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DOI: 10.30598/lutur.v4i2.10455
<![CDATA[Certificate of customary land rights as proof of ownership of customary land rights so that there is overlapping assistance and sale of customary land to other people by several soa/households without the knowledge of the village head so that each of them claims ownership rights to the customary land in question based on customary inheritance law so that detrimental to citizens as buyers. This research is a normative juridical research on this problem and then examines and finds out the answer to this problem through a conceptual approach, statutory approach and case approach, then from the results of this description conclusions and suggestions can be drawn. The research results show that the regulation of buying and selling customary land according to customary law is carried out by the seller as owner communicating with relatives in the Soa/Mata Rumah/Marga to obtain approval in the form of a letter of release of rights to customary land, if there is no Soa/Mata Rumah/Marga approval. then of course the sale and purchase has no validity according to customary law, and it is based on the letter of release of customary land from the Soa/Mata Rumah/Marga that the Village Head as Head of the Traditional Authority issues a letter of release of rights to the customary land that is being sold and bought if it is in accordance with applicable customary law procedures and adhered to by the local Indigenous Community in Moa Lakor District, Southwest Maluku Regency and there are legal consequences for buying and selling rights to customary land without the knowledge of the Village Head, the Indigenous Community, namely the Soa/Mata Rumah/Marga as the owner of the customary land, Village Officials and Elders Customary elders determine attitudes to resolve problems to straighten out the process of buying and selling customary land in accordance with applicable customary law, and if this is not implemented by the seller and the buyer then the customary land object being sold is taken over and controlled by the Soa/Marga/Mata Rumah as legal owner of customary land.]]>
