Article Per Year (5 Year)
p-Index From 2021 - 2026
1.578
P-Index
This Author published in this journals
All Journal TATOHI: Jurnal Ilmu Hukum SASI
Marselo Valentino Geovani Pariela
Fakultas Hukum Universitas Pattimura, Ambon
Law, Crime, Criminology & Criminal Justice

Published : 8 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 8 Documents
Search

 1 
Tanggung Jawab Para Pihak Dalam Perjanjian Jual Beli Online Dengan Sistem Cash On Delivery Haris S B Ong; Marselo Valentino Geovani Pariela
TATOHI: Jurnal Ilmu Hukum Vol. 1 No. 10 (2021): Volume 1 Nomor 10, Desember 2021
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v1i10.859

Abstract

Introduction: The COD system, which is the most popular payment method for the public in online buying and selling transactions, but buying and selling online with the COD system is still not understood by the parties, this is because disputes often arise from the parties when making transactions with the COD system.Purposes of the Research: To find out and analyze the form of responsibility of the parties in an online sale and purchase agreement with the COD system. Methods of the Research: The research method uses normative juridical legal methods with primary and secondary legal materials as sources of legal materials, then analyzed qualitatively.Results of the Research: The results show that the form of an online sale and purchase agreement through the COD system between the buyer and seller starts from determining the price, bargaining is carried out before the seller and buyer meet at the agreed location. The Agreements made legally have binding powers such as laws by each party, which creates a legal relationship that results in the emergence of rights and obligations for each party.
Pengaturan Mengenai Akibat Hukum Bagi Pelaku Usaha Yang Telah Mendaur Ulang Limbah Sampah Makanan Mario Kusdianto; Rory Jeff Akyuwen; Marselo Valentino Geovani Pariela
TATOHI: Jurnal Ilmu Hukum Vol. 2 No. 6 (2022): Volume 2 Nomor 6, Agustus 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i6.1124

Abstract

Introduction: Court decisions that are enforced are relatively soft, they do not cause a deterrent effect for perpetrators of violations. Especially in the food sector, business people are sentenced to 15 (fifteen) days to 8 (eight) months in prison, a probationary period of one year and 6 (six) months, and pay fines ranging from Rp. 50,000 to Rp. 400,000, 00 subsidy 15 (fifteen) days.Purposes of the Research: This paper aims to find out what legal sanctions are imposed on actors in businesses that recycle food waste.Methods of the Research: The method used is a normative juridical research method using a case approach, a statutory approach and a conceptual approach.Results of the Research: The results obtained from the study show that the sanctions regulations imposed on entrepreneurs who recycle food waste are: in Law Number 8 of 1999 concerning Consumer Protection (UUPK) (1) Administrative sanctions, the Consumer Dispute Settlement Agency (BPSK) provides sanctions This is for the duties and/or powers conferred by law. This penalty is stated in Article 60. According to the provisions of Article 60 (1) and (2), the UUPK indicates that the administrative penalty that can be abandoned by BPSK is in the form of determining compensation up to a maximum of Rp. 200,000,000.00 (two hundred million rupiah). (2) Principal Criminal Sanctions, These sanctions are sanctions that can be imposed on entrepreneurs from the courts due to claims for violations. This sanction is stated in Article 62 of the UUPK, this sanction can be applied in two forms, namely, fines or imprisonment. (3) Additional Criminal Sanctions, these sanctions are regulated in Article 63 of the UUPK. The forms of additional criminal sanctions that can be imposed are in the form of confiscation of certain goods, announcement of judge's decisions, payment of compensation, orders to stop certain activities that cause consumer losses, and revocation of business licenses.
Hubungan Hukum Antara Rentenir Dan Debitur Sebagai Peminjam Menurut Kitab Undang-Undang Hukum Perdata Siti Fatima Iha; Merry Tjoanda; Marselo Valentino Geovani Pariela
TATOHI: Jurnal Ilmu Hukum Vol. 2 No. 9 (2022): Volume 2 Nomor 9, November 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i9.1433

Abstract

Introduction: The law of treaties in Indonesia is open, namely the granting of the widest possible freedom to anyone to make agreements with the content and nature as desired, as long as they do not violate the law, public order, and morality.Purposes of the Research: The purpose of this study is to be able to find out and explain how the form of the legal relationship between debtors as borrowers and moneylenders in the Civil Code, and to be able to find out and explain how the form of problem solving if the debtor breaks his promise. Methods of the Research: The method used in this study is a normative juridical method with a statutory approach, and a conceptual approach. The legal materials used are primary, secondary and tertiary legal materials. The legal material is analyzed qualitatively in order to answer the problems studied.Results of the Research: Based on the results of the study, it shows that the first problem is the legal relationship between debtors as borrowers and moneylenders is a legal relationship between borrowing and borrowing money, this legal relationship is included in a two-sided legal relationship, namely a legal relationship between two parties accompanied by rights and obligations on each party, both parties each party has the authority/right to request something from the other party, on the other hand, each party is also obliged to give something to the other party. The second problem solving the problem if the debtor breaks his promise is by going through the courts, the loan shark can give a summons to the debtor first or through consensus deliberation by negotiating or negotiating between the two parties, the debtor can request an extension of the time for paying debts to the moneylender.
Perlindungan Hukum Terhadap Member Dalam Sistem Bisnis Multi Level Marketing Rasni Rusli; Teng Berlianty; Marselo Valentino Geovani Pariela
TATOHI: Jurnal Ilmu Hukum Vol. 2 No. 10 (2022): Volume 2 Nomor 10, Desember 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i10.1441

Abstract

Introduction: Multi Level Marketing or MLM is a direct or tiered marketing concept as formulated.Purposes of the Research: This study aims to determine and explain government supervision of MLM companies in Indonesia. Methods of the Research: This research is a normative legal research, using a law approach and a conceptual approach. Legal research materials include primary, secondary, tertiary data sources. Data collection techniques in the form of literature study. Techniques for analyzing data on legal materials that were collected and compiled systematically and then reviewed and analyzed qualitatively.Results of the Research: Company PT Amoeba Internasional have run company with binary system but in binary system the use pyramid scheme system by recruiting memers to join this scheme and as the number of people recruited increases, recruitment can no longer be done and most of the members can’t make a profit so in a pyramid scheme it only kills people who are above them and causes losses to members whojust joined or members who are below. As an effort to create protection for members in the MLM business system as well as create supervision and ethics in running a company with an MLM system, it has been regulated in the Regulation of the Minister of Trade of the Republik of Indonesia Number 70 of 2019 regarding the Direct Distribution of Goods and Supported by law Number 7 of 2014 concerning trade.
Restrukturisasi Kredit Sebagai Solusi Bagi Debitur Terdampak Covid-19 Arham Rays Tuanaya; Sarah Selfina Kuahaty; Marselo Valentino Geovani Pariela
TATOHI: Jurnal Ilmu Hukum Vol. 2 No. 11 (2023): Volume 2 Nomor 11, Januari 2023
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i11.1450

Abstract

Introduction: This credit restructuring can be carried out on loans or financing provided before or after debtors are affected by the spread of the corona virus disease 2019 (COVID-19) including micro, small and medium business debtors.Purposes of the Research: The purpose of this study was to find out how the procedure for implementing credit restructuring during the COVID-19 pandemic and knowing what the legal consequences of implementing credit restructuring were in credit agreements. Methods of the Research: The research method used is the normative legal research method. The problem approach used is the statutory approach, the conceptual approach. The legal materials used are primary legal materials and secondary legal materials. Procedures and Collection of Legal Materials using the method of inventorying laws and regulations and Processing and Analysis of legal materials using data analysis techniques with deductive logic.Results of the Research: Based on the results of the study, it can be concluded that the legal consequences that occur from the implementation of credit restructuring are changes in the agreement between the bank as the creditor and the borrowing customer as the debtor in the rights and obligations of the parties in the credit agreement.
Perlindungan Hukum Data Pribadi Konsumen Terhadap Pelaku Usaha Jasa Keuangan Gian Chelvanno Hiariej; Teng Berlianty; Marselo Valentino Geovani Pariela
TATOHI: Jurnal Ilmu Hukum Vol. 3 No. 5 (2023): Volume 3 Nomor 5, Juli 2023
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i5.1806

Abstract

Introduction:  Financial services businesses use personal data in the form of consumer telephone numbers as information and communication to enable the distribution of data and information on financial products, in this case such as credit offers and/or service offers, quickly and directly with consumers or potential consumers.Purposes of the Research:  (1.) To know and understand the legal protection of consumers regarding the personal data used. (2.) How is the application of the principle of rights in Consumer Personal Data Law to Financial Financing Service Business Actor.Methods of the Research: The author uses normative juridical law research which obtains data from literature studies in the form of laws, documents, books, magazines and other literature related to writing. Results of the Research: The application of the principle of the right to confidentiality, the right to security and the right to comfort in relation to the consumer's personal data, there are still errors or violations in implementing these principles by business actors or employees of the service business actors. The application in making offers by business actors is wrong, causing consumer discomfort. Which is the real purpose of the consumer protection law and the rules regarding consumer protection in the financial services sector issued by the OJK aimed at protecting consumer rights, one of which is the right to comfort. In SEOJK 12/2014, it is clear that financial services business actors are prohibited from contacting consumers to promote or offer a product through personal communication without any request and approval from consumers.
Pelaksanaan Tanggung Jawab Sosial Perusahaan PT. Reminal Utama Sakti Terhadap Masyarakat Di Kecamatan Fena Fafan Kabupaten Buru Selatan Akipatty Alex Solissa; Teng Berlianty; Marselo Valentino Geovani Pariela
TATOHI: Jurnal Ilmu Hukum Vol. 3 No. 7 (2023): Volume 3 Nomor 7, September 2023
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i7.1851

Abstract

Introduction: Companies in the laws and regulations can first be found in the second chapter of Article 6 of the Commercial Code (KUHD) it is stated that a person who regulates a company.Purposes of the Research: This writing aims to examine and find out how the form of Corporate Social Responsibility of PT. Reminal Utama Sakti on improving the welfare of the people of Fena Fafan Subdistrict, South Buru Regency, to study and determine the effect of implementing Corporate Social Responsibility PT. Main Reminal Sakti towards Improving Community Welfare, Fena Fafan Sub-district, South Buru Regency.Methods of the Research: Normative juridical research method, which is to obtain data from the library in the form of documents, books, magazines and other literature related to writing. The sources of legal materials used are Primary legal materials, Secondary legal materials, and Tertiary legal materials and are used as a technique for collecting legal materials, then processing and analyzing legal materials through qualitative analysis, namely the data obtained and then arranged systematically for further qualitative analysis based on scientific disciplines. civil law to achieve clarity of issues to be discussed.Results of the Research: The results showed that PT.Reminal Utama Sakti Forms CSR Corporate Social Responsibility to the Community of Fena Fafan District, South Buru Regency. Diesel Fuel Assistance for the Waekatin GPM Church, Diesel Fuel Assistance for Waeken Village, Solar Fuel Assistance for Fakal GPM Church, Solar Fuel Assistance for Uneth Village, Solar Fuel Assistance for Siwatlahin Village, Solar Fuel Assistance for the Mengeswaen GPM Church, Solar Fuel Assistance for the Church Waelo GPM, Diesel Fuel Assistance for Waeraman Village, Solar Fuel Assistance for Batukarang Village, Solar Fuel Assistance for Nusarua Village, and Community Empowerment Fund Assistance Fund allocation of Rp. 400.000 CSR Management Techniques at PT.Reminal Utama Sakti Through Proposals or Request Letters From the Community or Stakeholders in Fena Fafan Sub-district Then a request or request from the community or existing stakeholders is realized by the company. Corporate Social Responsibility in accordance with article 74 paragraph (1) and paragraph (2) of Law no. 40 of 2007 Forms of Social Responsibility in PT.Reminal Utama Sakti Company have not been properly realized to the Community Environmental Responsibility, in accordance with article 28H of the 1945 Constitution of the Republic of Indonesia and article 1 paragraph (2) of Law no. 32 of 2009 In order to return to the environmental conditions before forest exploitation. Region (Perda) No. 9,ld.2014/5.Tld no 37,ll Regional Secretariat of Maluku Province.
Covid-19 Sebagai Bentuk Overmacht dan Akibat Hukumnya Terhadap Pelaksanaan Perjanjian Kredit Merry Tjoanda; Yosia Hetharie; Marselo Valentino Geovani Pariela; Ronald Fadly Sopamena
SASI Vol 27 No 1 (2021): Volume 27 Nomor 1, Januari - Maret 2021
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v27i1.447

Abstract

The study is aimed at identifying and analyzing covid-19 as a form of relative overmacht and as a result of the overmacht law in the credit agreement and the policy of ending the credit agreement as a result of the covid-19 pandemic. The study method used in this study was normatif juridical, a doctrinal law study method by examining and studying the regulations of legislation that served asa basis for then analyzing the issues discussed. The study is analytical by using primary and secondary legal materials through the study of related documents and literature. The analysis used in the study is qualitative analysis to address the issues discussed. According to research, the covid-19 is a non-natural disaster that can therefore be categorized as overmacht measurement. As a form of overmacht relative, the result of the law of the spread of covid-19 as the overmacht relative to the credit agreement is that the debtor still has to fulfill his obligations to the debtor after the covid-19 is over. In its implementation based on POJK 11/2020, the debtor is given credit relief through restructuring in accordance with the form of restructuring issued by the bank in the form of lowering interest rates, extension of term, reduction of principal arrears, reduction of interest arrears and other forms according to verification and analysis of the bank on affected debtors covid-19.
Co-Authors Akipatty Alex Solissa Arham Rays Tuanaya Gian Chelvanno Hiariej Haris S B Ong Mario Kusdianto Merry Tjoanda Rasni Rusli Ronald Fadly Sopamena Rory Jeff Akyuwen Sarah Selfina Kuahaty Siti Fatima Iha Teng Berlianty Yosia Hetharie