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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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Legal Protection of the Torem Tree (Manilkara Kanosiensis) as an Endemic Plant Narwadan, Theresia Nolda Agnes; Labetubun, Muchtar Anshary Hamid; Fataruba, Sabri
PAMALI: Pattimura Magister Law Review Vol 5, No 1 (2025): MARCH
Publisher : Postgraduate Program in Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v5i1.3008

Abstract

Introduction: Yamdena Island, part of the Tanimbar Islands, Maluku, holds unique biodiversity, including the endemic Torem Tree (/Manilkara kanosiensis/). This tree has important ecological value as an ecosystem buffer, economic value for local communities through the use of its fruit and wood, and cultural value related to traditional traditions and rituals. However, the Torem Tree faces serious threats from deforestation, land conversion, and unsustainable exploitation, exacerbated by climate change. Inadequate legal protection status is a crucial issue.Purposes of the Research: This study aims to analyze and evaluate the effectiveness of legal protection of the Torem Tree as an endemic plant on Yamdena Island.Methods of the Research: The research method used is normative law with a statutory and conceptual approach. Data is obtained from related laws and regulations, legal literature, and relevant documents. Data analysis is carried out through legal interpretation, comparative analysis, and legal synthesis.Results Main Findings of the Research: The findings of the study show that the existing legal framework has not effectively protected the Torem Tree. The legal loophole lies in the lack of specific regulations that recognize and protect the endemic status of the Torem Tree, as well as weak enforcement of the law against related violations. This study concludes the need to strengthen legal protection through comprehensive revision of laws and regulations, increased effective supervision and law enforcement, and increased active participation of local communities in conservation efforts. Policy recommendations include the establishment of a clear legal status for the Torem Tree, the development of a sustainable management plan based on local wisdom, and increasing public awareness of the importance of the conservation of the Torem Tree for the sustainability of the ecosystem and the welfare of the Yamdena community.
Legal Protection of Works Produced by Artificial Intelegence Al Idrus, Rizki; Akyuwen, Rory Jeff; Labetubun, Muchtar Anshary Hamid
TATOHI: Jurnal Ilmu Hukum Volume 5 Issue 1, March 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v5i1.3071

Abstract

Introduction: The development of Artificial Intelligence-based technology in the digital era has implications for human life, one of which is law. One of the interesting legal issues to study related to artificial intelligence is copyright protection.Purposes of the Research: This study aims to determine whether creations resulting from artificial intelligence can be classified as intellectual property and to determine whether artificial intelligence can be equated with employees who work based on employment relationships (Works Made for Hire).Methods of the Research: The research method used by the author is normative. The legal materials used by the author are primary legal materials that are authoritative in the form of laws and regulations, secondary legal materials, namely legal materials that support primary legal materials, namely literature studies (journals and books), and Tertiary (mass media, legal dictionaries, journals, and the internet). The materials obtained were then analyzed using a qualitative descriptive method, namely by analyzing legal materials and then systematically arranged to obtain conclusions.Findings of the Research: The results of the study are 1) showing that the creations produced by AI do not meet the subjective concept of a creation, but meet the objective concept of a creation which therefore could possibly obtain copyright protection. 2) The Works Made For Hire doctrine can be used as a solution, the AI system will be considered an employee. The creation will be allocated directly to the user or programmer, because the AI system is a tool that helps the creator in producing a creation.
Legal Protection of the Moral Rights of National Film Creators Uploaded Without Permission on TikTok Social Media Talaperuw, Vivi; Narwadan, Theresia Nolda Agnes; Labetubun, Muchtar Anshary Hamid
TATOHI: Jurnal Ilmu Hukum Volume 5 Issue 3, May 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v5i3.3156

Abstract

Introduction: The development of technology in this era has certainly made many platforms created, one of which is TikTok. Film is one of the copyrighted works that is included in the category of cinematographic works protected by Law Number 28 of 2014 concerning Copyright. On this platform, users can upload a variety of content from the results of user creativity.Purposes of the Research: Analyzing the legal protection of the moral rights of national film creators uploaded without permission on TikTok social media.Methods of the Research: The research method used is normative research, statutory approach, primary and secondary legal materials and material collection procedures using literature studies. the approaches used are: statute approach, conceptual approach, and casus approach. The technique of searching for legal materials uses document study techniques, and analyzes the study using qualitative analysis.Findings of the Research: Research shows that protection related to the moral rights of national film creators uploaded on the TikTok application without the creator's permission is by providing sanctions to violators as contained in Law Number 28 of 2014 concerning Copyright and related to the settlement of moral rights disputes for national film creators uploaded without permission can be done in two ways, namely litigation and non-litigation.  For the litigation route, the dispute can be resolved in court, while for non-litigation, the settlement can be through alternative dispute resolution which includes mediation, conciliation and negotiation and the most effective settlement in this problem is through the litigation route so that it can have a deterrent effect.
Protection of Copyright for Derivative Works of Fanfiction Without Permission Harbelubun, Jenica Chechilia; Akyuwen, Rory Jeff; Labetubun, Muchtar Anshary Hamid
TATOHI: Jurnal Ilmu Hukum Volume 5 Issue 7, September 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v5i7.3250

Abstract

Introduction: Copyright holders have exclusive rights to determine the use of their work. Fanfiction is often considered a derivative work that requires permission from the original creator, but many are made without permission, thus violating copyright.Purposes of the Research: To find out and discuss the form of protection of the creator's moral rights against fanfiction works without permission and legal remedies for copyright infringement.Methods of the Research: Normative legal research methods with a statutory approach, case approach and conceptual approach, to answer the problems raised.Findings of the Research: Legal protection of the moral rights of creators against a derivative fanfiction work without permission can be done preventively or repressively, with the repressive approach being considered more effective. Legal efforts can be taken through litigation (civil and criminal lawsuits) and non-litigation (mediation, licensing agreements, or closing online content).
The Effect of the Constitutional Court Decision Number: 46/PUU-VIII/2010 on the Inheritance Rights of Out-of-Wedlock Children in Islamic Inheritance Law Sanmas, Dwi Anggriani Salsabila A A; Uktolseja, Novyta; Labetubun, Muchtar Anshary Hamid
LUTUR Law Journal Vol 6 No 1 (2025): May 2025 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.v6i1.22890

Abstract

This article examines the issue of inheritance rights for out-of-wedlock children from the perspective of Islamic law and Indonesian national law, particularly in the aftermath of Constitutional Court Decision Number: 46/PUU-VIII/2010, which marked a shift in the recognition of the civil status of out-of-wedlock children in relation to their biological fathers. This article aims to analyze the impact of Constitutional Court Decision Number: 46/PUU-VIII/2010 on the legal inheritance status of out-of-wedlock children within the frameworks of Islamic law and Indonesia’s national legal system. This study employs a normative juridical method with a statutory and conceptual approach. Data sources include primary and secondary legal materials. The research findings indicate that the Constitutional Court decision grants civil legal recognition to out-of-wedlock children with regard to their biological fathers, provided that the relationship can be proven through scientific means or valid legal evidence. This ruling broadens the inheritance rights of out-of-wedlock children under national law. However, in Islamic legal tradition, lineage (nasab) remains the principal basis for inheritance, leading to a tension between sharia principles and state law. The decision also opens a discourse on the harmonization of Islamic law and national law in order to protect the rights of children.
Distribution of Royalties for Songs Created by Husband After Divorce Latusawaule, Jilly Sekale; Latupono, Barzah; Labetubun, Muchtar Anshary Hamid
TATOHI: Jurnal Ilmu Hukum Volume 5 Issue 11, January 2026
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v5i11.3245

Abstract

Introduction: This study analyzes the distribution of royalties on songs created by husbands after divorce as a form of joint property in marriage. This issue is significant in Indonesia, considering that royalties are included as Intellectual Property Rights that can provide economic value for divorced couples, but are not yet fully protected and often trigger legal disputes.Purposes of the Research: This study aims to explain the mechanism for the distribution of royalties from songs created by a husband after divorce as joint property and the legal consequences for wives who do not receive these royalties.Methods of the Research: This study uses a normative legal research method with a statutory and conceptual approach. The analysis was conducted based on Law Number 1 of 1974 in conjunction with Law Number 16 of 2019 concerning Marriage, Law Number 28 of 2014 concerning Copyright, and Government Regulation Number 56 of 2021 concerning the management of royalties for song and/or music creations.Findings of the Research: The results of this study reveal that royalties for songs created by the husband obtained during the marriage are included in joint assets that must be divided fairly in accordance with Article 35 and Article 37 of the Marriage Law. A wife who does not receive her share can file a lawsuit to obtain legal protection for the royalties. This division can also be carried out through deliberation, mediation, or court decisions to ensure justice for both parties.
Legal implications Parental Responsibility Due to Electronic Agreements Made by Minors Souhoka, Elma; Berlianty, Teng; Labetubun, Muchtar Anshary Hamid
TATOHI: Jurnal Ilmu Hukum Volume 6 Issue 1, March 2026
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v6i1.3247

Abstract

Introduction: The current era of globalization has resulted in very rapid technological developments, people are facilitated in meeting their needs through electronic transactions. However, the ease of conducting electronic transactions means that it can also be done by minors, this certainly has legal consequences from the electronic agreement made so that parents/guardians can be held accountable for the agreement.Purposes of the Research: The purpose of this study is how to enrich the understanding of parental responsibilities in electronic agreements carried out by minors.Methods of the Research: Normative legal research, with a statute approach and a conceptual approach.Findings of the Research: Results study This show that agreement electronics that are done by children under age , no legitimate in a way law based on Article 1320 of the Civil Code and Article 46 of the Regulations Government Number 71 of 2019 concerning with condition legitimacy a agreement . Parents or guardians are responsible answer on agreement electronics that are done by child , responsibility answer the in law civil Indonesia known with draft vicarious liability (responsibility substitute ) which is set in Article 1367 of the Civil Code , in matter this parents can do payment on purchased products or follow intrusion from the party perpetrator business For repair error (filing return goods).
Ambiguity in Supreme Court Decisions on Ambon's Customary Land: The 1814 Dati Register and the Challenge of Evidentiary Systems Saija, Ronald; Pariela, Marselo Valentino Geovani; Demmatacco, Triska; Labetubun, Muchtar Anshary Hamid
Batulis Civil Law Review Vol 7, No 1 (2026): VOLUME 7 ISSUE 1, MARCH 2026
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/ballrev.v7i1.3469

Abstract

Introduction: Ownership of recognized land in Ambon, particularly in the Dati (locally recognized land), is granted by the state to individuals who have rendered services to the state and possess strong legal rights that can be passed on to the rights holder's descendants. Generally, land in the Ambon region is customary land (tanah dati) subject to and controlled by the right of ownership (beschikkingsrecht) of the village or village concerned.Purposes of the Research: To examine the factors that led to the Supreme Court of the Republic of Indonesia's decisions being enforced using outdated evidence and how to influence the reconstruction of ambiguity regarding the justice of Supreme Court decisions enforced based on the 1814 Dati Register, which contains a failed evidentiary system.Methods of the Research: Sociolegal research, a combination of doctrinal and empirical legal research methods.Results Main Findings of the Research: The weaknesses of Supreme Court decisions enforced using outdated evidence are: The 1814 Dati Register was not intended as proof of land ownership under modern law, but rather as an administrative tool for colonial tax purposes; The 1814 Dati Register Letter is old, incomplete and often does not correspond to the actual conditions of existing customary land, thus causing uncertainty and disputes; the existence of differences in interpretation of customary law and national law in courts causes the decisions of the Supreme Court of the Republic of Indonesia often do not reflect substantive justice for indigenous peoples; and this failure has implications for obstacles to customary land registration at the National Land Agency and the potential for prolonged conflict between indigenous peoples and other parties, and the abolition of the dati institution as outlined in the decision on June 1, 1923, contains the meaning of changes in the customary land ownership system in Ambon, especially the change from the concept of dati-doesoen (land dati) to poesaka-doesoen. make it in academic English.
Breach of Contract by The Owner of a Multilevel Marketing Business in International Transactions Sihite, Sri Rumada; Laturette, Adonia Ivonne; Labetubun, Muchtar Anshary Hamid
Balobe Law Journal Volume 6 Issue 1, April 2026
Publisher : Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/balobe.v6i1.3868

Abstract

Introduction: A multilevel business owner who breaches a promise, or in other words, commits a breach of contract in international transactions, is proven to have breached a promise in this study. This study examines whether the breach of contract by multilevel business owners in international transactions is a deliberate act, a legal act, or the result of information asymmetry, differences in regulations between countries, and weak oversight of multilevel business schemes that fall under jurisdictional authority.Purposes of the Research: To examine the rights of multilevel marketing members in cases of breach of contract by multilevel marketing business owners who fail to fulfill their obligations, or, in other words, in international transactions, as well as the legal consequences of such transactions.Methods of the Research: The research method used is the normative legal method, employing a legislative and conceptual approach.Results of the Research:  Breach of contract by multi-level business owners in international transactions, where such owners have been found to potentially commit breach of contract in the form of a breach of promise—specifically, by failing to pay bonuses or commissions in accordance with the promised scheme to cross-border recipients. The legal consequences of breach of contract refer to Article 1243 of the Civil Code, namely compensation, cancellation of the agreement accompanied by compensation, transfer of risk, and payment of legal costs, but in an international context. The affected members face challenges in the form of a conflict of laws when the contract does not specify a clear choice of law. In this case, compensation is sought in the form of monetary damages.
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