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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 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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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 : Fakultas Hukum 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.
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 Konsumen Atas Hak Informasi Produk Endorsement Oleh Influencer Atau Selebgram Melalui Media Sosial Mochtar, Putri Aprilia; Akyuwen, Rory Jeff; Labetubun, Muchtar Anshary Hamid
LUTUR Law Journal Vol 5 No 2 (2024): November 2024 LUTUR Law Journal
Publisher : Program Studi Hukum Diluar Kampus Utama Universitas Pattimura Kabupaten Maluku Barat Daya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/lutur.v5i2.16172

Abstract

A trending advertising method is utilizing influencers on the Instagram platform, or often referred to as "celebrities". This concept is known as endorsement. It cannot be denied that currently there is a lot of illegal skincare and cosmetics circulating in society. There are even some illegal products that are promoted by influencers on social media platforms, where consumers are at risk of experiencing side effects due to the use of these products. Of course, this is contrary to the consumer protection law, Article 17 of the UUPK prohibits business actors from creating advertisements that mislead consumers about the quantity and quality of goods, and even the risks associated with their use. This research aims to find out how consumers are legally protected against endorsement product information promoted by celebs via social media. The research method used is normative juridical, using a statutory approach and a conceptual approach, the legal materials used are primary, secondary and tertiary. Collecting legal materials using literature study, and then analyzing them using qualitative analysis techniques. The results of this research show that legal protection for consumers, if there are consumers who suffer losses caused by business actors, legal regulations have provided a way for consumers to fight for their rights, legal protection for consumers is divided into two, namely preventive (preventing violations) and Repressive (which is the final stage) where business actors who are product endorsers or are endorsed influencers who carry out promotions and create advertising content through social media, have responsibilities based on the UUPK, Civil Code and Health Law. However, this requires the awareness of every consumer to actively defend their rights so that these are not violated by business actors who commit fraud when selling their products via online media.
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 Pattimura University

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
Pertanggungjawaban Afiliator Atas Kerugian Customer Social Commerce Tahalea, Hensly Daniel; Haliwela, Nancy Silvana; Labetubun, Muchtar Anshary Hamid
TATOHI: Jurnal Ilmu Hukum Vol 4, No 10 (2024): Volume 4 Nomor 10, Desember 2024
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i10.2791

Abstract

The development of the times has made the internet not only a tool for communication but also a place for those who want to do business online. In accordance with Article 15, Paragraph (1) of the ITE Law, there are specific regulations regarding the electronic system organization, so everything related to the internet world must be carried out in accordance with this article. The electronic system organization must be conducted based on the contents of Article 15, Paragraph (1) of the ITE Law to avoid unlawful acts, which are regulated in Article 1365 of the Civil Code. Social commerce is a new development where sellers and consumers are connected through online social media. Social commerce has now become the answer for those who want to earn extra income with a side job that does not take much time, known as an affiliate. An affiliate is someone who works by promoting goods from sellers or sales. Regarding affiliates, there is a case where an affiliate with the initials IN experienced steroid poisoning from a product that he had already promoted. The legal research method used is normative juridical, which is carried out by studying legal principles and concepts, as well as legislation. The legal research method used refers to primary, secondary, and tertiary legal materials, with legislative and conceptual approaches. The research results show that there is a working relationship between the affiliate and the seller. Regarding trading activities through social commerce, an affiliate has the primary responsibility to ensure that the information provided to customers in marketing the products sold is clear and that the product conditions comply with Law No. 8 of 2008. The goal is to avoid legal risks or losses for customers. The affiliate’s liability in terms of compensating for losses depends on the content of the agreement between the affiliate and the product owner. Based on the affiliate’s liability, this liability can be classified as fault-based liability. Legal protection can be carried out by applying relevant laws and regulations as a preventive measure to ensure safety and legal compliance
Akibat Hukum Terhadap Pendaftaran Merek Produk Barang Yang Memiliki Persamaan Pada Pokoknya Siolimbona, Sandra; Haliwela, Nancy Silvana; Labetubun, Muchtar Anshary Hamid
TATOHI: Jurnal Ilmu Hukum Vol 4, No 9 (2024): Volume 4 Nomor 9, November 2024
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i9.2492

Abstract

Introduction: Trademarks or names are marks used by companies or businesses on the products they trade because Trademarks are used as identifiers. As stipulated in Law No. 20 Year 2016 on Trademarks and Geographical Indications in Article 1 paragraph (1). Trademarks also cannot be registered when they have elements of similarity in the trademark as stipulated in Article 20-21 of the Trademark and Geographical Indications Law. However, this is contrary to the incident in the chocolate product brands Chacha Delfi and Chacha Lokal, where Chacha Delfi tried to apply for registration at the Directorate General of IPR and KEMENKUMHAM but was rejected because the Chacha Delfi brand has an element of similarity in its principal to the Cha-Cha Lokal product brand, because we know that the Cha-Cha Lokal brand from PT. Mayora who registered the brand first.Purposes of the Research: To know and explain about the procedure of product registration Trademark Chacha Delfi and Cha-Cha Local, which has similarities in essence and know and, analyze the legal consequences of registration of trademarks that have similarities in essen.Methods of the Research: The legal research method used for this research is based on primary, secondary, and tertiary legal materials, and uses a statute approach and conceptual approach and case approach.Results of the Research: The results showed that the Chacha Delfi trademark registration procedure was rejected by the Directorate General of IPR and KEMENKUMHAM, because the trademark did not meet the registration procedures where the trademark has similarities to the pre-existing trademark, namely the local Cha-Cha trademark that has done the trademark registration first. because based on the Trademark Law and PERMENKUMHAM who register first then the trademark will be recognized ownership of the trademark. So that the legal consequences obtained by Chacha Delfi brand is rejected and dismissed to trade products Chacha Delfi brand and subject to sanctions under the Trademark Act and PERMENKUMHAM. Therefore, it is expected that the Directorate General of IPR and KEMENKUMHAM, in order to publish the trademarks that have been registered, so that businesses and other companies can see, so that there is no more Trademark Equation and does not lead to a Trademark Equation dispute.
Perlindungan Hukum Bagi Debitur Pailit Untuk Mewujudkan Asas Kelangsungan Usaha Pada Masa Covid-19 Reniwurwarin, Alfin Mubin; Saija, Ronald; Labetubun, Muchtar Anshary Hamid
TATOHI: Jurnal Ilmu Hukum Vol 4, No 8 (2024): Volume 4 Nomor 8, Oktober 2024
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i8.2470

Abstract

Introduction: The Covid-19 pandemic has had so many impacts on social life, especially in the economic field, many debtors are experiencing difficulties in paying their debts because of Covid-19, Law Number 37 of 2004 concerning bankruptcy and suspension of debt payment obligations as a settlement of bankruptcy disputes becomes alternative in the debtor's efforts so that the debtor gets out of bankruptcy and can resume his business.Purposes of the Research: The purpose of this paper is to find out the factors that led to debtors going bankrupt during the Covid-19 period and efforts to protect debtors who are experiencing bankruptcy so they can continue their business again.Methods of the Research: The type of research used in this paper is normative legal research. As for answering the problems in this study, the authors use three approaches to the problem, namely the statutory approach (statute approach), and conceptual approach (conceptual approach). The procedure for collecting legal materials carried out by the author is by searching for and collecting laws and regulations related to the legal issues at hand. Legislation in this case includes both legislation and regulation. Analysis of legal material uses qualitative methods, namely studies related to legal norms contained legislation and legal norms that exist in society.Results of the Research: The results of this study indicate that the factors that influence bankrupt debtors during the Covid-19 period, namely, General Factors and External and Internal Factors, in an effort to protect debtors from continuing their business are preventive and repressive with the orientation of applying Force Majuere, debt restructuring and providing justice for bankrupt debitor.
Copyright Protection for Songs Uploaded to the Spotify Digital Music Application Without Permission Lesnussa, Maichel; Narwadan, Theresia Nolda Agnes; Labetubun, Muchtar Anshary Hamid
Batulis Civil Law Review Vol 5, No 3 (2024): VOLUME 5 ISSUE 3, NOVEMBER 2024
Publisher : Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/ballrev.v5i3.2805

Abstract

Introduction: Copyright holders can and have the right to determine who can use their work or not.However,Uploading songs by Spotify application users can unknowingly trigger copyright infringement.Purposes of the Research: To examine the legal relationship between the Spotify application and copyright holders and the form of copyright protection for songs uploaded on the Spotify application without permission.Methods of the Research: The research method used in this writing is the normative legal research method with a legislative approach, case approach and conceptual approach.Results of the Research: The legal relationship between the Spotify Music application and the Copyright Holder is based on a license agreement made in the form of an authentic deed and the form of legal protection of the creator's rights against uploading songs on the Spotify Music application without permission can be protected preventively and repressively. However, the most effective form of legal protection to be applied to this problem is the form of repressive legal protection.
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.
Co-Authors Akmal Asamahdi Latukau Akyuwen, Rory Jeff Al Idrus, Rizki Alvian Febriawan Pane Anggitta Meirina Lubis Arixellis Juan Efraim Hahury Barzah Latupono Chansrakaeo , Ruetaitip Dwiyanti Adelin Hetharie Elvira Lorna Fidelia Zai Evi Pradita Ismail Fataruba, Sabri Grivti M Asthenu Gunawan Tamher 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 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 Pesulima, Theresia Louize Reniwurwarin, Alfin Mubin Ronald Saija Ronald Saija, Ronald Rory Jeff Akyuwen Rumfaran, Ani Sabri Fataruba Sabri Fataruba Sabri Fataruba Sabri Fataruba Sapulette, Mariska Zefanya Sarmila Walalayo Senly Soplantila Siolimbona, Sandra 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