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Perspektif Sanksi Pidana Kurator Menurut Hukum Kepailitan Ronald Saija
PAMALI: Pattimura Magister Law Review Vol 1, No 1 (2021): VOLUME 1 NOMOR 1, MARET 2021
Publisher : Postgraduate Program in Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v1i1.480

Introduction: Some bankruptcy cases eventually evolve into criminal matters when a bankruptcy curator who is responsible in handling and administering bankruptcy case is positioned as defendant charged for conducting criminal acts.Purposes of the Research: The purpose of writing is to find out and analyze the perspective of curator criminal sanctions according to bankruptcy law.Methods of the Research: Normative juridical research, namely an approach based on legal materials by examining concepts, legal principles and legislation related to this research.Results of the Research: Criminal sanctions for non-independent curators aimed at preventing the curator from committing criminal acts in the course of the execution of the duty and maintenance tasks. Here, the role of criminal law is as a guardian of the norms that exist in the Law on Bankruptcy related to the duties and responsibilities of the curator. In order for a curator or committee before declaring his willingness to accept the duties and responsibilities of the consequences of the bankruptcy verdict or the postponement of the debt obligation obligation (PKPU) really ensure that he will not commit a disgraceful act of.

Penyuluhan Hukum Perlindungan Hak Petani Terhadap Pengembangan Varietas Tanaman Lokal Di Negeri Layeni Dan Negeri Wotay Kabupaten Maluku Tengah Ronald Saija; Muchtar Anshary Hamid Labetubun; Michael Nussy; Jimris F Nikodemus
AIWADTHU: Jurnal Pengabdian Hukum Vol 1, No 1 (2021): Volume 1 Nomor 1, Maret 2021
Publisher : Faculty of Law Pattimura University

Introduction: The use of resources in a directed and efficient manner requires complete availability of data and information regarding climatic conditions, soil and other physical environmental characteristics, as well as requirements for cultivated plants, especially plants that have sufficient market opportunities and economic meaning. The development of plantation commodities in Central Maluku Regency, Teon Nila Serua District, especially Negeri (Village) Layeni and Negeri Wotay is slower than the potential available land.Purposes of Devotion: Providing an understanding of the protection of traditional crop varieties for the rights of farmers, especially farmers in Negeri Layeni and Negeri Wotay, Central Maluku RegencyMethod of Devotion: Performed with the lecture method by each of the presenters. The lecturer is given time to deliver the material, after which the participants are invited to ask a problem or question, which is then answered in turn by the speaker according to the problem being asked.Results of the Devotion: Efforts to increase productivity are strongly influenced by success in improving the genetic potential of plant varieties. Activities that can produce more superior plant varieties need to be encouraged by providing incentives for people or business entities engaged in plant breeding that produce new varieties so as to provide greater added value to users. The strategy for developing superior plantation commodities must be implemented based on the principles of benefit and sustainability and integration. Plantation development in Central Maluku Regency must be based on land potential.

Perlindungan Hukum Bagi Perusahaan Debitur Pailit dalam Menghadapi Pandemi Covid 19 Ronald Saija; Kadek Agus Sudiarawan
Batulis Civil Law Review Vol 2, No 1 (2021): VOLUME 2 NOMOR 1, MEI 2021
Publisher : Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/ballrev.v2i1.474

The emergence of the Covid-19 pandemic on global economic development has an impact not only on the world economy and investment, but also correlates with aspects of legal development, especially business economy law. One of the areas of business economy law that has also undergone changes in an effort to accommodate the development of modern business transaction practices is bankruptcy law. The purpose of this research is to examine the preventive efforts made by Debtors at Bankrupt Companies to reduce bankruptcy caused by Covid-19 and solutions to protect debtors in companies experiencing bankruptcy. The research method used is juridical normative, primary and secondary legal materials with a statutory approach and a conceptual approach. The results showed that the regulations regarding bankruptcy law in various countries, including Indonesia, tended to change. For example in Europe, in the last few decades European countries have argued that the existing insolvency legal framework has not been able to provide a better economic legal scheme compared to liquidation schemes, so that changes in the substance of bankruptcy have occurred in almost all aspects of the country including the Union. Europe, the American continent, the Asian continent, the African continent, and the Australian continent.

Perlindungan Hukum Terkait Kepemilikan Tanah Oleh Pihak Ketiga Berdasarkan Putusan Peninjuan Kembali Maxie Sinay; Merry Tjoanda; Ronald Saija
TATOHI: Jurnal Ilmu Hukum Vol 2, No 3 (2022): Volume 2 Nomor 3, Mei 2022
Publisher : Faculty of Law Pattimura University

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Introduction: Legal protection related to land ownership by third parties based on the request civil Number 339 PK / Pdt / 2013.Purposes of the Research: Reviewing and discussing forms of legal protection for land ownership by third parties. Methods of the Research: This research uses the juridical normative method by using a statutory approach, a conceptual approach, and a case approach.Results of the Research: The results of the study show that based on the Judicial Review Decision No. 339/PDT/2013. Lenny as the plaintiff is the legal owner based on the transfer of Ownership rights to the land according to Article 20 of Law No. 5 of 1960 concerning Basic Agrarian Regulations Jo. Article 37 PP No. 24 of 1997 concerning Land Registration and the land sale and purchase agreement made by Lenny was in accordance with the terms of the agreement as referred to in Article 1320 of the Civil Code. Lenny also has an Object of dispute in good faith. The object of the dispute must be executed immediately and against a civil lawsuit by the opposing party, namely Tan Pallar as long as the lawsuit is about the same object of the lawsuit and the subject of the same lawsuit in the same relationship, then the lawsuit must be rejected because there has been a previous decision, namely the Judicial Review Decision No. 339 PK/PDT/2013 which already has permanent legal force.

Penggunaan Persetujuan Medis Sebagai Alat Bukti Gunawan Tamher; Ronald Saija; Muchtar Anshary Hamid Labetubun
TATOHI: Jurnal Ilmu Hukum Vol 1, No 11 (2022): Volume 1 Nomor 11, Januari 2022
Publisher : Faculty of Law Pattimura University

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Introduction: Informend Consent is an agreement that is given after receiving information. Approval of action to be taken by the doctor must be done without any element of coercion.Purposes of the Research: The purpose of this paper is to determine the use of Informend Consent as evidence in civil disputes and the factors that influence it. Methods of the Research: The research method used is normative juridical, the approach used in this research is the statutory approach, conceptual approach and case approach. Sources of legal materials used are primary legal materials, secondary and tertiary legal materials. The technique of collecting legal materials carried out in this research is through a literature study, then analyzed using qualitative methods.Results of the Research: The use of medical approval as evidence of decision Number 114/Pdt.G/2020/PN Bjm was not carried out thoroughly so that it resulted in material and immaterial losses. Factors that influence the use of medical consent as evidence include; lack of patient knowledge, answering patient doubts, confirming procedures in laws and regulations, proving doctors in the feasibility of doing something related to medical work.

Perlindungan Hukum Rahasia Dagang Terhadap Produk Skincare Home Industry Wellastry Yamin; Ronald Saija; Sarah Selfina Kuahaty
TATOHI: Jurnal Ilmu Hukum Vol 2, No 4 (2022): Volume 2 Nomor 4, Juni 2022
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i4.1098

Introduction: The high interest of skincare home industry products has made these product business actors mushrooming in almost all e-commerce platforms.Purposes of the Research: The purpose of this research is to examine and discuss the legal protection of intellectual property rights for skincare home industry products.Methods of the Research: This research was conducted with a normative juridical research type using a statute approach. To answer the existing problems, the author collects legal materials through literature studies and analyzes them using qualitative analysis methods.Results of the Research: The results of this research indicate that the legal protection that can be obtained by skincare home industry product owners in the field of trade secrets is related to confidential information that has commercial value, related to production, processing, sales, or other technical and/or economic information that has economic value and is unknown in general in the manufacture of these products. Then, the form of legal protection can be in the form of making a written agreement based on a consulting contract as a legal effort to protect his trade secrets, as well as filing a claim for compensation, using alternative dispute resolutions, and/or filing criminal charges, if there has been a violation.

Proses Persidangan Perkara Perdata Berdasarkan Peraturan Mahkamah Agung (PERMA) Nomor 1 Tahun 2019 Tentang Administrasi Perkara dan Persidangan di Pengadilan Secara Elektronik Virgie Diva Syahran; Ronald Saija; Sabri Fataruba
TATOHI: Jurnal Ilmu Hukum Vol 2, No 12 (2023): Volume 2 Nomor 12, Februari 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i12.1459

Introduction: The e-Court system was created as a form of service for the community, especially justice seekers in terms of accommodating the online case settlement process.Purposes of the Research: To find out how the procedures for implementing e-Court are in accordance with applicable rules and whether or not there are obstacles in the implementation of this system, especially in the Ambon District Court. Methods of the Research: This research is a normative legal research supported by empirical data in the form of facts needed in the field, with a descriptive analytical research type, as well as legal materials which include primary legal materials, secondary legal materials and tertiary legal materials. The collection of legal materials is carried out through interviews and literature studies, which are descriptive and analytical in nature.his research is a normative legal research with analytical descriptive nature.Results of the Research: The results of this study, namely, first, that E-Court is a way to expedite the proceedings in the Court, as regulated in the principles of justice according to Supreme Court Regulation Number 1 of 2019 concerning Case Administration and Trial in Electronic Courts. Second, the electronic Court introduced by the Supreme Court allows several stages of the process in the Court to be carried out online. Third, the implementation of the e-Court system has various obstacles, one of which is the lack of public counseling and information regarding the application of this system, and there are still advocates who have not been verified or registered.

Penerapan Kelangsungan Usaha Bagi Debitor Pailit Dalam Penyelesaian Perkara Kepailitan Dan Penundaan Kewajiban Pembayaran Utang Erwin Simaremare; Merry Tjoanda; Ronald Saija
TATOHI: Jurnal Ilmu Hukum Vol 3, No 2 (2023): Volume 3 Nomor 2, April 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i2.1558

Introduction: The application of the principle of business continuity is very difficult for debtors to apply.Purposes of the Research: The purpose of this research is to examine and find out what are the factors that can affect the implementation of going concern for debtors in bankruptcy and postponement of debt payment obligations and the application of going concern as an effort to fulfill the obligations of bankrupt debtors to creditors in bankruptcy matters. Methods of the Research: The method used in this research is normative juridical research method, analytical descriptive research type, sources of legal materials are primary legal materials, secondary legal materials and tertiary legal materials. Analysis of legal materials and methods of analysis of legal materials.Results of the Research: The results of this research and discussion show that: (1) In the application for bankruptcy and PKPU should not only look at the requirements as in Article 2 paragraph (1) and through simple evidence, but also the importance of an insolvency test to determine the extent of the debtor's ability to carry out his obligations, so that The business continuity of the debtor is also protected from being declared bankrupt immediately. (2.) With the continuation of coal mining operations, the bankrupt debtor PT. Rinjani Kertanegara with the aim of increasing bankruptcy assets, it is likely that the rights of creditors on their receivables will be fulfilled.

Konstruksi Reforma Pajak Bagi Pemilik Tanah Dati Di Kota Ambon Dalam Perspektif Keadilan Ronald Saija; Nancy Silvana Haliwela; Triska Demmatacco
AIWADTHU: Jurnal Pengabdian Hukum Volume 3 Nomor 2, September 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/aiwadthu.v3i2.1695

Introduction: The land owner does not have real and legal evidence that has legal force, so Village Officials assume that the land still belongs to the village and can be given or sold by the Village.Purposes of Devotion: This service can produce a legal product in the form of a state regulation and even state regulations regarding the construction of tax reform for dati landowners in the perspective of justice, so that dati landowners can know the tax collection model that can be used as proof of tax payment so that there is proof of ownership that is legally and has legal protection for dati landowners. Method of Devotion: The implementation of this service uses the extension method, through discussion in which the presenter explains material related to the service and is followed by questions and answers between the presenter and the participants.Results of the Devotion: The owner of the Dati lands in Soya Village is state land granted by the Official, so it is necessary to prove ownership of the land under Indonesian law so that it does not become a dispute in the future, the speaker provides information regarding the payment of Land and Building Tax to protect the rights of the villagers including the ulayat rights of indigenous peoples, especially the owners of dati lands. In fact, the land owner in Soya Village has never paid his land tax (traditional land tax) to the tax office related to land tax or regional tax due to the lack of information and understanding regarding the Tax Payment Model which can be used or as proof of ownership and can be used as legal protection in the event of a dispute in the future. As for the gap, namely whether the form of tax reform construction can cover the process of paying taxes on customary lands in Ambon City. in accordance with state regulations in order to create justice.

Pengobatan Alternatif Tradisional Untuk Mencegah Penularan Covid-19 Menurut Perspektif Hukum Kekayaan Intelektual Di Kota Ambon Ronald Saija; Teng Berlianty; Pieter Radjawane
SASI Vol 27, No 2 (2021): Volume 27 Nomor 2, April - Juni 2021
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v27i2.438

The success of vaccine development, one of the experiments to cure this virus, namely Traditional knowledge for most people has an important role for food security and the health of millions of people in developing countries. The purpose of this study was to determine and analyze the important role of the creator of traditional alternative medicine concoctions to prevent the transmission of Covid 19 in Ambon City, and the form of legal institutions by the Maluku Provincial Government to grant patents to the creators of traditional alternative medicine concoctions as local wisdom in handling treatment to prevent transmission. covid 19 in Ambon city. This research was conducted using an empirical juridical approach which is a descriptive study of qualitative analysis. The results showed that people in developing countries depend a lot on traditional medicine for up to 80% of their health needs. In addition, knowledge about health plants has become a source of modern medicine. The importance of the Government and society's attention to traditional knowledge and technology systems in Indonesia, especially in the field of herbal medicine. The occurrence of various polemics that often occur in the lives of indigenous peoples related to traditional healing for patients to prevent Covid-19 transmission in Ambon City.

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