Articles
<![CDATA[Fungsi Pengawasan Majelis Pengawas Daerah Terhadap Penegakan Kode Etik Notaris ]]>
<![CDATA[Yared Hetharie]]>;
<![CDATA[Merry Tjoanda]]>;
<![CDATA[Novyta Uktolseja]]>
<![CDATA[ PAMALI: Pattimura Magister Law Review Vol 2, No 2 (2022): VOLUME 2 NOMOR 2, SEPTEMBER 2022 ]]>
Publisher : <![CDATA[Postgraduate Program in Law, Pattimura University ]]>
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DOI: 10.47268/pamali.v2i2.849
<![CDATA[Introduction: Notaries have a very important role in Indonesia, to serve the community in terms of making an authentic deed as evidence or as a legal requirement for a certain legal action.Purposes of the Research: Review and analyze the supervision carried out by the Regional Supervisory Council on the Enforcement of the Notary Code of Ethics.Methods of the Research: The research was conducted using a normative juridical method with a c statutory approach, conceptual approach and comparative approach a by specifically analyzing the performance of the institution and its authority in the implementation of law enforcement in the Maluku Sea based on the legislation which was then analyzed qualitatively.Results of the Research: The MPD Supervision function has so far been carried out well but not yet optimal because there are still violations of the code of ethics by a notary. In carrying out the duties and functions as a notary, there are factors that affect the violation of the code of ethics by a notary, namely internal factors and external factors. The Regional Supervisory Council performs the function of supervising notaries by conducting regular inspections of the notary's monthly report, inspection of the notary's office and examination of alleged violations of the code of ethics committed by a notary.]]>
<![CDATA[Kekuatan Alat Bukti E-mail Dalam Persidangan Perkara Perdata ]]>
<![CDATA[Jihan Rizki Putri Permono]]>;
<![CDATA[Merry Tjoanda]]>;
<![CDATA[Pieter Radjawane]]>
<![CDATA[ TATOHI: Jurnal Ilmu Hukum Vol 2, No 5 (2022): Volume 2 Nomor 5, Juli 2022 ]]>
Publisher : <![CDATA[Faculty of Law Pattimura University ]]>
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DOI: 10.47268/tatohi.v2i5.1110
<![CDATA[Introduction: The development of information technology right now introduced to the public by the existence of electronic evidence.Purposes of the Research: The purpose of this study is to discuss the strength of e-mail evidence in civil case trials in strengthening an argument in courtMethods of the Research: This research is a normative juridical research. This type of research is descriptive analysis. Focusing on an inventory of positive law, legal principles and doctrines, legal findings in cases in concreto, legal systematics, legal synchronization levels, legal comparisons and legal history.Results of the Research: Electronic evidence can have legal force if the information obtained guarantees its integrity, can be accounted for, and can be displayed so as to explain a situation. The regulation of electronic information and electronic documents is contained in Law no. 11 of 2008 concerning Information and Electronic Transactions (ITE) where this law is expressly declared valid as evidence in court, especially in civil courts and regulation no. 82 of 2012 concerning the implementation of electronic systems and transactions and reinforced by Article 5 paragraph 1 of the Electronic Information and Technology Law (UU ITE) that electronic information and/or electronic documents and/or their printed results are legal evidence.]]>
<![CDATA[Tanggung Jawab Pelaku Usaha Obat Herbal Atas Pencantuman Nomor Izin Edar Fiktif ]]>
<![CDATA[Bayu Sapto Aji]]>;
<![CDATA[Merry Tjoanda]]>;
<![CDATA[Sarah Selfina Kuahaty]]>
<![CDATA[ TATOHI: Jurnal Ilmu Hukum Vol 2, No 7 (2022): Volume 2 Nomor 7, September 2022 ]]>
Publisher : <![CDATA[Faculty of Law Pattimura University ]]>
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DOI: 10.47268/tatohi.v2i7.1128
<![CDATA[Introduction: Health is an important element in human life. One of the factors that support health is the drug used.Purposes of the Research: The purpose of this study is to find out and explain the responsibility of herbal medicine business actors for the inclusion of a fictitious distribution permit number in Ambon CityMethods of the Research: The method used in this research 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.Result of the Research: As a result of the actions of business actors who unlawfully cause harm to consumers by including fictitious NIE on herbal medicinal products, business actors must be responsible based on the principle of error. Because of the bad faith mistake of the business actor who intentionally includes a fictitious NIE to obtain the maximum profit, the consumer will be greatly harmed when consuming the herbal medicinal product. Violations committed by these business actors need to get the attention of the government through the Food and Drug Supervisory Agency with the supervisory function carried out. Ambon City BPOM in carrying out its supervisory function related to the circulation of herbal medicines with the fictitious NIE has been intensively carried out in collaboration with other relevant agencies so that violations by herbal medicine business actors are still found in Ambon City.]]>
<![CDATA[Tanggung Jawab Pemilik Dalam Perjanjian Jual Beli Hasil Pohon ]]>
<![CDATA[Fivanti Filberth Khoemarga]]>;
<![CDATA[Merry Tjoanda]]>;
<![CDATA[Sarah Selfina Kuahaty]]>
<![CDATA[ TATOHI: Jurnal Ilmu Hukum Vol 2, No 6 (2022): Volume 2 Nomor 6, Agustus 2022 ]]>
Publisher : <![CDATA[Faculty of Law Pattimura University ]]>
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DOI: 10.47268/tatohi.v2i6.1123
<![CDATA[Introduction: The sale and purchase agreement of tree products made by the community in Negeri Nolloth, Saparua District, Central Maluku Regency which is carried out between the seller and the buyer is an agreement in which one party binds himself to deliver an item, and the other party pays the promised price.Purposes of the Research: Therefore, this paper aims to analyze and discuss about sale and purchase agreement of tree products in Nolloth, Saparua District, Central Maluku RegencyMethods of the Research: This research uses normative juridical and sociological juridical research types with this type of research being descriptive analytical. The techniques for collecting legal materials are primary legal materials, secondary legal materials and tertiary legal materials. The technique of collecting is through literature study and then analyzed by means of description using qualitative methods.Result of the Research: The results obtained from this study are the sale and purchase agreement made orally by both parties is a legally valid agreement and the parties involved have fulfilled the requirements for the occurrence of an agreement so that it has become a responsibility and gives rise to rights and obligations to both parties. parties, but the seller cannot carry out its obligations and has no responsibility to the buyer after this agreement is implemented due to price increases so that the seller takes the proceeds from the tree that has been sold to the buyer which causes the buyer to suffer losses so the seller must be responsible under Article 1365 of the Law - Civil Law Act and, therefore, the legal consequences, the buyer can claim compensation from the seller. And also there is compensation that must be given to the buyer by the seller in the State of Nolloth, Saparua District, Central Maluku Regency.]]>
<![CDATA[Hubungan Hukum Antara Rentenir Dan Debitur Sebagai Peminjam Menurut Kitab Undang-Undang Hukum Perdata ]]>
<![CDATA[Siti Fatima Iha]]>;
<![CDATA[Merry Tjoanda]]>;
<![CDATA[Marselo Valentino Geovani Pariela]]>
<![CDATA[ TATOHI: Jurnal Ilmu Hukum Vol 2, No 9 (2022): Volume 2 Nomor 9, November 2022 ]]>
Publisher : <![CDATA[Faculty of Law Pattimura University ]]>
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DOI: 10.47268/tatohi.v2i9.1433
<![CDATA[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.]]>
<![CDATA[Tanggung Jawab Pemerintah Terhadap Revitalisasi Trotoar Di Kota Ambon ]]>
<![CDATA[Irfan Prawira Idris]]>;
<![CDATA[Merry Tjoanda]]>;
<![CDATA[Theresia Louize Pesulima]]>
<![CDATA[ TATOHI: Jurnal Ilmu Hukum Vol 2, No 8 (2022): Volume 2 Nomor 8, Oktober 2022 ]]>
Publisher : <![CDATA[Faculty of Law Pattimura University ]]>
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DOI: 10.47268/tatohi.v2i8.1422
<![CDATA[Introduction: Sidewalks function as road facilities that can support various community activities as pedestrians walk on the highway. Law Number 22 of 2009 concerning Road Traffic and Transportation has clearly accommodated the provision of protection for the rights of pedestrians in Indonesia in which every Indonesian society as pedestrians has the right to the availability of the sidewalk. Article 3 of the UUPK states that one of the objectives of consumer protection is to create an element of legal protection that contains legal certainty for consumer rights, including the right to use safe and comfortable sidewalk facilities. above, often in several areas in Indonesia many pedestrians complain about sidewalk facilities that are not functioning properly. The sense of security and comfort that pedestrians get, is inversely proportional. One of them is the revitalization of sidewalks in the city of Ambon, which turned out to be slippery and caused losses for road users.Purposes of the Research: The purpose of this study is to identify and explain the government's responsibility for increasing user fees in Ambon City. Methods of the Research: The method used in this research 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 materials were analyzed qualitatively in order to answer the problems studied.Results of the Research: Based on the results of the study, it shows that the Government in this case the Department of Public Works and Spatial Planning of the Maluku Province is also responsible for the losses experienced by the community as pedestrians as a result of revitalizing the slippery pavement and does not provide a sense of security, comfort and maintain pedestrian safety. Therefore, pedestrians who suffer losses due to the slippery pavement can take legal action to demand compensation from the government, both litigation and non-litigation.]]>
<![CDATA[Perlindungan Hukum Bagi Pihak Yang Dirugikan Dalam Perjanjian Kerjasama Pembiayaan Biji Nikel ]]>
<![CDATA[Hamada Reinaldy Mantulameten]]>;
<![CDATA[Merry Tjoanda]]>;
<![CDATA[Novyta Uktolseja]]>
<![CDATA[ TATOHI: Jurnal Ilmu Hukum Vol 2, No 12 (2023): Volume 2 Nomor 12, Februari 2023 ]]>
Publisher : <![CDATA[Faculty of Law Pattimura University ]]>
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DOI: 10.47268/tatohi.v2i12.1457
<![CDATA[Introduction: This article analyzes the business cooperation agreement which in practice, the principle of balance is often ignored, so that when a default occurs, the creditor consortium cannot force the debtor to carry out its achievements through the execution of the debtor's assets as collateral, due to the lack of collateral provided by the debtor.Purposes of the Research: The purpose of this article is to find out the implementation of the financing cooperation agreement between PT Kingstone Anugerah Perkasa and PT Bumi Putera Abadi and PT Mineral Trobos, and to find out about legal protection for the aggrieved party in the financing cooperation agreement between PT Kingstone Anugerah Perkasa and PT Bumi Putera Abadi with PT Trobos Minerals. Methods of the Research: The research method used is normative juridical with a statutory approach conseptual approach and case approach, and uses secondary data and is analyzed qualitatively.Results of the Research: The financing cooperation agreement between PT Kingstone Anugrah Perkasa and PT Bumi Putera Abadi and PT Mineral Trobos did not go well. This is because in the post-contract/implementation phase of the agreed contents of the agreement, PT Mineral Trobos defaulted by not carrying out its obligation to complete the permit no later than 60 days from the signing of the financing cooperation agreement, so that PT Kingstone Anugrah Perkasa and PT Bumi Putera Abadi have the right to filed a lawsuit for default of PT Mineral Trobos to the Kendari District Court.]]>
<![CDATA[Pendaftaran Merek Dagang dengan Menggunakan Kata Umum ]]>
<![CDATA[Stevi Josua Leimena]]>;
<![CDATA[Merry Tjoanda]]>;
<![CDATA[Nancy Silvana Haliwela]]>
<![CDATA[ TATOHI: Jurnal Ilmu Hukum Vol 3, No 1 (2023): Volume 3 Nomor 1, Maret 2023 ]]>
Publisher : <![CDATA[Faculty of Law Pattimura University ]]>
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DOI: 10.47268/tatohi.v3i1.1553
<![CDATA[Introduction: A mark cannot be registered if it is a common name and/or a symbol of public property but in trade there is circulation of a mark using the general word.Purposes of the Research: To analyze and explain how the registration of trademarks that use common words and the legal consequences for trademarks that use common words as marks. Methods of the Research: The research method used is normative juridical research, the type of research is descriptive analytical. The sources of legal materials used are primary, secondary and tertiary legal materials. The technique of collecting legal materials used in this research is through literature study. The analysis of legal materials is descriptive qualitativ.Results of the Research: The results showed: 1). Procedures and legal rules for trademark registration are regulated in Law Number 20 of 2016 concerning Marks and Geographical Indications and Regulation of the Minister of Law and Human Rights Number 67 of 2016 concerning Registration of Marks and Regulation of the Minister of Law and Human Rights Number 12 of 2021 concerning Changes On the Regulation of the Minister of Law and Human Rights Number 67 of 2016 concerning Trademark Registration. 2) The legal consequences for trademarks that use the Common Name as a Mark can be seen in Article 20 of Law Number 20 of 2016 and Article 16 Letter (f) of the Regulation of the Minister of Law and Human Rights Number 12 of 2021 concerning Amendments to the Regulation of the Minister of Law And Human Rights Number 67 of 2016 concerning Mark Registration is by carrying out law enforcement efforts in the form of "revocation" of the mark which in this case is the "AQUA" Mark using the Common Name.]]>
<![CDATA[Penerapan Kelangsungan Usaha Bagi Debitor Pailit Dalam Penyelesaian Perkara Kepailitan Dan Penundaan Kewajiban Pembayaran Utang ]]>
<![CDATA[Erwin Simaremare]]>;
<![CDATA[Merry Tjoanda]]>;
<![CDATA[Ronald Saija]]>
<![CDATA[ TATOHI: Jurnal Ilmu Hukum Vol 3, No 2 (2023): Volume 3 Nomor 2, April 2023 ]]>
Publisher : <![CDATA[Faculty of Law Pattimura University ]]>
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DOI: 10.47268/tatohi.v3i2.1558
<![CDATA[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.]]>
<![CDATA[Covid -19 Sebagai Alasan Pemutusan Hubungan Kerja ]]>
<![CDATA[Jihan Ainun Mardian Septyawati]]>;
<![CDATA[Merry Tjoanda]]>;
<![CDATA[Sarah Selfina Kuahaty]]>
<![CDATA[ TATOHI: Jurnal Ilmu Hukum Vol 3, No 3 (2023): Volume 3 Nomor 3, Mei 2023 ]]>
Publisher : <![CDATA[Faculty of Law Pattimura University ]]>
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DOI: 10.47268/tatohi.v3i3.1590
<![CDATA[Introduction: The Covid-19 pandemic is a non-natural disaster event that makes termination of employment due to force majeure (force majuere) carried out by the company or work payments to workers / workers, which in this case refers to law number 13 of 2003 concerning manpower and law number 11 of 2020 concerning job creation and includes presidential decree number 12 of 2020 which stipulates covid 19 as a non-natural disasterPurposes of the Research: The purpose of this study is to discuss Covid-19 as the reason for termination to find out as a reason for termination of employment where in carrying out termination of employment must perform obligations to fulfill the rights and obligations of workers.Methods of the Research: This research is a normative judicial research, the type of research is descriptive analysis through this research collecting data through primary and secondary legal materials then systematically to obtain conclusions or problems.Results of the Research: Termination of employment can be carried out by the company or employer due to the Covid-19 pandemic as a force majuere against / laborer, layoffs carried out based on the reasons of force majuere affect the company's obligation to fulfill the rights and obligations of the parties in the work agreement that has been mutually agreed upon, but also the rights and obligations that have been stipulated in various laws and regulations in the field of Manpower, the basis of the general provisions regarding force majeure (force majuere) is regulated in the provisions of articles 1244 and 1245 of the Civil Code]]>
