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All Journal Sriwijaya Law Review Jurnal Akta International Journal of Law Reconstruction Jurnal Hukum Acara Perdata UNTAG Law Review Cepalo Jurnal Suara Hukum Batulis Civil Law Review TATOHI: Jurnal Ilmu Hukum PAMALI: Pattimura Magister Law Review AIWADTHU: Jurnal Pengabdian Hukum Balobe Law Journal LUTUR Law Journal PATTIMURA Law Study Review SASI
Muchtar Anshary Hamid Labetubun
Faculty Of Law, Universitas Pattimura, Ambon
Humanities Decision Sciences, Operations Research & Management Environmental Science Law, Crime, Criminology & Criminal Justice Other

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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.
ASPEK HUKUM PERLINDUNGAN DESAIN INDUSTRI KERAJINAN KERANG MUTIARA DALAM PEMBERDAYAAN USAHA KECIL DI KOTA AMBON Muchtar A. H. Labetubun
SASI Vol 17, No 2 (2011): Volume 17 Nomor 2, April - Juni 2011
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v17i2.351

Abstract

Agenda Intellectual Property Rights in particular the actual industrial designs among other things how the autonomous regional government can develop the potential of intellectual property rights owned by the community. Various potential intellectual property rights in the form of knowledge, skills and wisdom of local characteristics such as shellfish Craft Pearls can be protected and utilized for the greater good of society and regions. One potential intellectual property rights in the city of Ambon is the pearl handicraft products, therefore diligence pearl mussels need IPR protection and utilization of industrial design, especially for the greater public interest, especially Maluku Ambon City. Protection of industrial designs pearl handicraft products of the designers have not registered industrial design rights because many of those who do not know the first to file registration system adopted Industrial Design Law No. 31 of 2000, so that n Trademark Copyright protection of intellectual property as an alternative to Craft Shells Of Pearls .
Kompetensi Pengadilan Agama Terhadap Penyelesaian Sengketa Perbankan Syariah Berdasarkan Hukum Islam Muchtar A. H. Labetubun
SASI Vol 18, No 1 (2012): Volume 18 Nomor 1, Januari - Maret 2012
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v18i1.337

Abstract

That moment Religion Court as Section 49 letter (i) Law Number 3 Year 2003 about Religion Court, having absolute authority judge economic case of Moslem law banking included Moslem law Banking, of course this matter give paradigm differ in solving of Moslem law banking dispute compared to before existence of the law (Act No.7/1989). So that the solving of Moslem law banking dispute follow rule Islamic Law among others Jurisdiction (Wilayat Al-Qadla), peace/deliberation (Sulh/Ishlah), and Arbitrase (Tahkim), according to agreement in akad by the parties. This matter because of Moslem law Banking represent economic institution which in its execution use Islamic law principles.
PERALIHAN HAK CIPTA KEPADA AHLI WARIS MENURUT HUKUM PERDATA Muchtar Anshary Hamid Labetubun; Sabri Fataruba
SASI Vol 22, No 2 (2016): Volume 22 Nomor 2, Juli - Desember 2016
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v22i2.163

Abstract

Copyright is a proprietary right therefore is of a special nature because the right is onlygranted to the creator or owner / holder of the rights concerned for within a certain period oftime obtaining legal protection to announce, reproduce, distribute, and other works of hiswork, or grant permission to Other people to do these things. Copyright is classified as theright to movable objects, so that copyright may be transferred either wholly or partially dueto inheritance, grant, endowment, testament, written agreement, or any other cause levied inaccordance with the provisions of the law. The arrangement of the inheritance of copyrightshall be regulated in accordance with the inheritance law based on the Civil Code whichregulates the status of a person's property after passing away by means of transfer of suchproperty to another person and Law Number 28 Year 2014 concerning the Copyright thatregulates the inheritance of copyright. Copyright as an inherited property may transfer ortransfer ownership in whole or in part which takes place automatically since the death of thecopyright owner (heir) and the status of copyright after being inherited is still recognized andprotected by Law Number 28 of 2014.
Aspek Hukum Hak Cipta Terhadap Buku Elektronik (E-Book) Sebagai Karya Kekayaan Intelektual Muchtar Anshary Hamid Labetubun
SASI Vol 24, No 2 (2018): Volume 24 Nomor 2, Juli - Desember 2018
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v24i2.128

Abstract

Intellectual Property Rights basically have economic value. Therefore it is not excessive if the results of human intellectual work are given adequate legal protection. Through this way Intellectual Property Rights will get a decent place as one form of rights that has economic value. E-Book is included as a protected work because it is an adaptation of the initial creation in the form of a book that each has its own copyright after being realized in a real form.
Perlindungan Pengetahuan Tradisional Secara Sui Generis Untuk Menyongsong Masyarakat Ekonomi Asean Muchtar Anshary Hamid Labetubun; Rory Jeff Akyuwen; Marselo Valentino Geovani Pariela
SASI Vol 24, No 1 (2018): Volume 24 Nomor 1, Januari - Juni 2018
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v24i1.113

Abstract

At this time the Asean Economic Community is being held which is a free trade system in ASEAN Countries (Asean Economic Community), so that traditional knowledge is important to be protected by sui generis in Indonesia which causes the absence of legislation who specifically regulates traditional knowledge because it deals with the transfer of technology, economic development and national honor, and attracts investors in the field of research development in Indonesia, one of the countries that has natural resources and human resources in resulting in a variety of traditional knowledge as a feature of local wisdom, traditional knowledge has a very strategic value to be protected by sui generis in the field of intellectual property as a nation's intellectual work. Protection of traditional knowledge requires regulations in order to regulate the use of sharing benefits that are balanced and equitable for people who have the right to traditional knowledge. The current application of the IPR regime is not optimal in its application to protect traditional knowledge especially regarding traditional medicine against violations committed by foreign countries. The impact of legal protection on traditional knowledge is known to other countries, especially the ASEAN Economic Community as a society that values and utilizes traditional knowledge as an increase in regional income.
The Legal Ramifications of Sexual Commodification in Trademark Usage in Indonesia Rory Jeff Akyuwen; Muchtar Anshary Hamid Labetubun; Senly Soplantila
Sriwijaya Law Review Volume 8 Issue 2, July 2024
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol8.Iss2.2911.pp318-334

Abstract

The ownership of trademark rights is a fundamental component of industrial property rights within the broader spectrum of intellectual property law. Law Number 20 of 2016 concerning Marks and Geographical Indications, specifically Article 20, mandates that brand naming must not contravene state ideology, statutory regulations, religious morality, decency, or public order. This study seeks to critically examine and analyse trademarks deemed inappropriate because they violate existing legislative provisions. Certain trademarks utilised by business entities infringe upon societal standards of decency by engaging in sexual commodification. The research adopts a juridical-normative methodology, incorporating both legislative and conceptual frameworks. The legal materials examined include primary, secondary, and tertiary sources, which are qualitatively analysed to address the research questions. The findings reveal that sexual commodification in trademark naming, characterised by the exploitation of pornography, violates religious norms and societal decency. Therefore, such trademarks are not eligible for registration. Furthermore, any trademarks that have been registered and are found to contain elements of sexual commodification may be subject to revocation, as they conflict with state ideology, legislation, religious morality, decency, and public order.
Sosialisasi Tentang Penggunaan Media Sosial Dan Konsekuensinya Menurut Hukum Di Negeri Lesluru Kecamatan Teon Nila Serua Kabupaten Maluku Tengah Panjaitan, Wijaya Natalia; Labetubun, Muchtar Anshary Hamid; Saija, Ronald
AIWADTHU: Jurnal Pengabdian Hukum Volume 4 Nomor 1, Maret 2024
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/aiwadthu.v4i1.2000

Abstract

Introduction: The utilization of Social Media by the society must be done wisely and be mindful of the legal consequences. Therefore, the society must understand how to use social media properly and keep within the legal rules regulated by the law.Purposes of Devotion: To provide understanding and knowledge to thesociety, especially in providing knowledge of the Importance of using social media wisely and knowing the legal consequences for social media users. Method of Devotion: The devotion method use disthemethod of socialization and facilitation of the Lesluru Village Community.Results of the Devotion: The ability to access information and entertainment offered on social media must be used wisely and understand the legal consequences that exist so that people as social media users can manageand utilize social media according to theirneeds and not violate the rules of applicable law.
Implementation of Traditional Knowledge Protection of Enbal Processing Narwadan, Theresia Nolda Agnes; Labetubun, Muchtar Anshary Hamid; Fataruba, Sabri
Batulis Civil Law Review Vol 5, No 1 (2024): VOLUME 5 ISSUE 1, MARCH 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/ballrev.v5i1.1846

Abstract

Introduction: Implementation and regulations governing the protection of traditional knowledge is still considered less effective.  The law is expected to be able to overcome various problems that arise related to the protection of traditional knowledge from the community, especially the Kei Islands community on enbal processing knowledge.Purposes of the Research: The purpose of this study was to determine and analyze the implementation of the protection provided by the copyright law on the ownership of a traditional knowledge which in this case is the processing of enbal traditionally done as a staple food in the Kei Islands community.Methods of the Research: The research method used is juridical empirical.Results of the Research: The results obtained are the implementation of the protection provided by the copyright law on the ownership of a traditional knowledge which in this case is the processing of enbal traditionally done as a staple food in the Kei Islands community has actually been regulated in Article 38 of the Copyright Act. However, this protection can be provided if the community continues to maintain traditional processing without the help of modern tools when processing enbal into staple foods.
Aspek Hukum Dan Penyelesaian Sengketa Perjanjian Arisan Online Melalui Media Sosial Di Negeri Rumahkay Kecamatan Amalatu Kabupaten Seram Bagian Barat Nabila, Syadzwina Hindun; Panjaitan, Wijaya Natalia; Labetubun, Muchtar Anshary Hamid
AIWADTHU: Jurnal Pengabdian Hukum Volume 4 Nomor 3, November 2024
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/aiwadthu.v4i3.2107

Abstract

Introduction: Societies and online social media have evolved into new structures that play an important role in the lives of communities, nations, and nations. The new world structure that we're experiencing is developing very fast. A lot of people are not ready to face this new world. Special rules are also needed because online media makes it easier for humans. One of the new things is about the Arisan Agreement. Arisan is currently online. There are a number of gaps where online arisan participants can break the agreement. For example, they can leave the estate without paying a fine, pay a monthly fee after receiving the share, or tell others about the exit.Purposes of Devotion: To provide understanding and knowledge to the public especially in providing knowledge of legal aspects and dispute resolution of arisan agreements online through social media. Method of Devotion: The Service Method used is a method of counseling and mentoring the Rumahkay Community, especially in providing knowledge of legal aspects and resolving disputes over online arisan agreements through social media.Results of the Devotion: Arisan conducted online meets the legal requirements stipulated in Article 1320 of the Civil Code and is a form of legal agreement. The parties to the online arisan are valid in accordance with Article 1338 of the Civil Code after the agreement is valid. Where the online arisan agreement that has been agreed by the parties functions as a law. Where the agreed online arisan agreement applies like a law for the parties. So that if one of the pihal is negligent and cannot fulfill the achievement or perform his obligations, then the party can be said to have committed an act of default.
Co-Authors Akyuwen, Rory Jeff Al Idrus, Rizki Alvian Febriawan Pane Anggitta Meirina Lubis Arixellis Juan Efraim Hahury Barzah Latupono Berlianty, Teng Chansrakaeo , Ruetaitip Dwiyanti Adelin Hetharie Elvira Lorna Fidelia Zai Evi Pradita Ismail Fataruba, Sabri Grivti M Asthenu Harbelubun, Jenica Chechilia Helmi Djardin Hendra Belseran Jenny Kristiana Matuankotta Jimris F Nikodemus La Ode Angga La Ode Angga La Ode Angga La Ode Angga La Ode Angga La Ode Angga Latupono, Barzah Laturette, Adonia Ivonne Latusawaule, Jilly Sekale Lesnussa, Maichel Marselo Valentino Geovani Pariela MARSELO VALENTINO GEOVANI PARIELA Merry Tjoanda Michael Nussy Mochtar, Putri Aprilia Moh Jihad Labetubun Nabila, Syadzwina Hindun Nancy Silvana Haliwela Nanda Salsabilla Latukau Narwadan, Theresia Nolda Agnes Nurdin, Ningsi Panjaitan, Wijaya Natalia Pariela, Marselo Valentino Geovani Pesulima, Theresia Louize Reniwurwarin, Alfin Mubin Ronald Saija Ronald Saija, Ronald Rory Jeff Akyuwen Rumfaran, Ani Sabri Fataruba Sabri Fataruba Sabri Fataruba Sabri Fataruba Sanmas, Dwi Anggriani Salsabila A A Sapulette, Mariska Zefanya Sarmila Walalayo Senly Soplantila SIHITE, SRI RUMADA Siolimbona, Sandra Souhoka, Elma Tahalea, Hensly Daniel Talaperuw, Vivi Teng Berlianty Teng Berlianty Theresia Nolda Agnes Narwadan Theresia Nolda Agnes Narwadan Theresia Nolda Agnes Narwadan Theresia Nolda Agnes Narwadan Triska Demmatacco Uktolseja, Novyta