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All Journal Batulis Civil Law Review TATOHI: Jurnal Ilmu Hukum PAMALI: Pattimura Magister Law Review AIWADTHU: Jurnal Pengabdian Hukum SASI
Merry Tjoanda
Fakultas Hukum Universitas Pattimura, Ambon
Law, Crime, Criminology & Criminal Justice

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Analisa Pertimbangan Hakim Terhadap Gugatan Salah Objek Dalam Perkara Perdata No 19/Pdt.G/2020/PN Msh Kristin Atihuta; Merry Tjoanda; Pieter Radjawane
TATOHI: Jurnal Ilmu Hukum Vol 3, No 4 (2023): Volume 3 Nomor 4, Juni 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i4.1793

Abstract

Introduction: Civil lawsuits can meet the formal and material requirements that will be submitted to the court so that no formal or material defects are found in the lawsuit. Purposes of the Research: The purpose of this article is to find and analyze how the legal consequences of a formal or material defect in a lawsuit and judges consideration about wrong object lawsuit in the land rights disputes in a court Methods of the Research: The research method used is normative judicial with a statutory approach and conceptual approach and Sources of research legal materials include primary, secondary, tertiary legal sources. Data collection techniques in the form of literature study. Processing and analysis of legal materials used in writing is using qualitative analysis method.Results of the Research: The result of this research is that there is a formal defect in the Plaintiff's lawsuit based on the facts in the case examination in court. The Plaintiff cannot prove the argument of his lawsuit because there are differences in the object of the land dispute being sued in this case. Therefore, in filing a good and correct land dispute claim, it must meet the formal and material requirements that have become the basis of a civil lawsuit. with the consideration that the case is unacceptable.
Tanggungjawab PT. Asuransi Jiwasraya (Persero) Atas Perbuatan Wanprestasi Terhadap Tertanggung Vina Ramadhina Malawat; Merry Tjoanda; Novyta Uktelseja
TATOHI: Jurnal Ilmu Hukum Vol 3, No 7 (2023): Volume 3 Nomor 7, September 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i7.1852

Abstract

Introduction: An agreement is an agreement made by two or more people who bind themselves to carry out a thing, which if one party does not fulfill or violates the agreement made then that party has defaulted.Purposes of the Research: The main problem in this thesis is the form of default committed by PT Asuransi Jiwasraya (Persero) against the insured and the responsibility of PT Asuransi Jiwasraya (Persero) for the losses experienced by the insured. This study aims to find out and understand the form of default committed by PT Asuransi Jiwasraya (persero) and the responsibility of PT Asuransi Jiwasraya for the losses experienced by the insured.Methods of the Research: This research uses normative juridical research using a case approach, statutory approach and conceptual approach.Results of the Research: The results of the research conducted, PT Asuransi Jiwasraya did not fulfill its obligations as an insurer or its successor according to the law that received the transfer of rights and obligations related to policy management, either partially or completely, from PT Asuransi Jiwasraya (Persero), while the insured fulfilled his obligations in the agreement agreed by both parties. sides
Perlindungan Konsumen Terkait Keterlambatan Pembayaran Tagihan Listrik Di Masa Pandemi Covid-19 Sarmila Walalayo; Merry Tjoanda; Muchtar Anshary Hamid Labetubun
TATOHI: Jurnal Ilmu Hukum Vol 3, No 8 (2023): Volume 3 Nomor 8, Oktober 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i8.1862

Abstract

Introduction: During the pandemic, the Ministry of Energy and Mineral Resources (ESDM) noted that household electricity and gas consumption increased by more than 30%.Purposes of the Research: The purpose of writing is to find out about the problem of how to regulate consumer protection related to delays in paying electricity account arrears due to the covid-19 pandemic and how to pay for electricity account arrears during the covid-19 pandemic.Methods of the Research: In writing this thesis the author uses the type of normative research. In this study, two approaches to the problem are used, namely the statutory approach and the conceptual approach. Sources of data obtained are primary legal materials, even secondary law, and tertiary legal materials. Techniques for collecting legal materials are collected, grouped according to their respective sections, both primary law, secondary law and tertiary law. All data from this study were analyzed qualitatively.Results of the Research: The results of this study indicate that Covid -19 is a non-natural disaster that can be categorized as a relative overmacht. Even though in this difficult condition there is still no legal basis that allows PLN to relax electricity bills, so that people as electricity consumers have an obligation to pay or pay off. bills according to the rules regulated in the Electricity Law. Consumers are required to pay electricity bills in accordance with the applicable rules, where if the consumer is late in paying electricity starting from the 1st-20th, it will be 1 month late and the customer will get a warning letter to pay it off immediately, if the customer has not paid the bill, the electricity will be refunded. Temporarily disconnected and if it is two months late the customer's electricity will be permanently cut off if the customer wants to install a new meter then the consumer is required to pay bills and fines beforehand.
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.
Kekuatan Mengikat Surat Penunjukan Penyedia Barang dan Jasa Pemerintah dalam Kontrak Pengadaan Barang/Jasa Pemerintah di Masa Pandemi Covid-19 Merry Tjoanda
SASI Vol 26, No 3 (2020): Volume 26 Nomor 3, Juli - September 2020
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v26i3.396

Abstract

The process of determining the auction winner for a goods / services procurement project ends with the issuance of SPPBJ by PPK. The purpose of this study is to analyze the legally binding force of the Goods / Services Provider Appointment Letter (SPPBJ) in government procurement contracts of goods / services, especially during the Covid-19 pandemic. The results showed that before the contract for the procurement of goods / services was signed by the PPK and the provision of goods / services, the SPPBJ that had been issued by the function of executing the auctioned work provided that there were no objections from other participants and the rebuttal period had ended. SPPBJ acts as a binding contract, where SPPBJ is very much needed because the contract may be canceled or transferred due to refocusing of activities and relocation of budgets due to the impact of the Covid-19 pandemic as it is today. There needs to be a more stringent regulation in the SPPBJ issuance process to deal with irregularities that may still occur, which is carried out by PPK.
Co-Authors Adonia Ivonne Laturette Balik, Agustina Barzah Latupono Bayu Sapto Aji Erwin Simaremare Fivanti Filberth Khoemarga Gabriella Patricia Trinita Tomasoa Galang Djokdja Hamada Reinaldy Mantulameten Helmi Djardin Irfan Prawira Idris Jenny Kristiana Matuankotta Jihan Ainun Mardian Septyawati Jihan Rizki Putri Permono Kristin Atihuta Marselo Valentino Geovani Pariela Marsye R Leterulu Maxie Sinay Moh Jihad Labetubun Muchtar Anshary Hamid Labetubun Nancy Silvana Haliwela Novela Pattipawaej Novyta Uktelseja Novyta Uktolseja Nurainy Usman Pieter Radjawane Ronald Fadly Sopamena Ronald Saija Saartje Sarah Alfons Sarah Selfina Kuahaty Sarmila Walalayo Siti Fatima Iha Stevi Josua Leimena Theresia Louize Pesulima Vina Ramadhina Malawat Weldo Parinussa Yared Hetharie Yosia Hetharie