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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 Journal of Community Service LUTUR Law Journal PATTIMURA Law Study Review SASI
Muchtar Anshary Hamid Labetubun
Faculty Of Law, Universitas Pattimura, Ambon
Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Industrial & Manufacturing Engineering Law, Crime, Criminology & Criminal Justice Social Sciences Other

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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, Universitas Pattimura

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, Universitas Pattimura

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.
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.
Perlindungan Hukum Terhadap Konsumen Atas Produk Pangan Kemasan Yang Tidak Memiliki Label Nurdin, Ningsi; Akyuwen, Rory Jeff; Labetubun, Muchtar Anshary Hamid
TATOHI: Jurnal Ilmu Hukum Vol. 4 No. 4 (2024): Volume 4 Nomor 4, Juni 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i4.2432

Abstract

Introduction: The expiry date of a food and beverage product in the form of the date, month and year of storage of the food and beverage product is printed on the packaging label which is intended to inform consumers about the product consumed. Includes expiration dates that are useful to consumers, retailers, sellers and manufacturers. Adding expiration dates to food gives consumers clear information about product safety, allows traders and sellers to manage inventory of traded products, and allows manufacturers to know the product warranty period after it has been produced.Purposes of the Research: The purpose of writing carried out by the author is to find out the effect of consumer buying interest on packaged food products that do not have labels and to know and explain how consumers protect packaged food products that do not have labels.Methods of the Research: The research method used by the author in this study is normative juridical where research is carried out to obtain data through library studies, namely various literature and scientific materials, brochures and so on.Results of the Research: The results of the study indicate that packaging can influence consumer interest in buying. If we look at it now, it's not only the large food industry products that are starting to intensively create attractive packaging innovations, this has also begun to be followed by MSME business actors or home industries. Labels help consumers to obtain product information for the benefit and welfare of consumers. With this packaged information, it will reduce the losses that consumers get. The benefit of including the correct label or information on the package is to provide knowledge to the parties concerned with the item. With this article to protect consumers, in order to balance the potential awareness that is built in the relationship between business actors and consumers. And to improve the quality and quality of merchandise properly
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 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 Moh Jihad Labetubun Nabila, Syadzwina Hindun Nancy Silvana Haliwela Nanda Salsabilla Latukau Narwadan, Theresia Nolda Agnes Nopianti, Rina Nurdin, Ningsi Panjaitan, Wijaya Natalia Pariela, Marselo Valentino Geovani Pesulima, Theresia Louize Prastika Suwandi Tjeng Ramli Semmawi Reniwurwarin, Alfin Mubin Ronald Saija, Ronald Rory Jeff Akyuwen Rory Jeff Akyuwen Rumfaran, Ani Sabri Fataruba Sabri Fataruba Sabri Fataruba Sabri Fataruba Sapulette, Mariska Zefanya Sarmila Walalayo Senly Soplantila SIHITE, SRI RUMADA Siolimbona, Sandra Souhoka, Elma Syahril 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