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All Journal Jurnal Ilmiah Dunia Hukum TATOHI: Jurnal Ilmu Hukum PAMALI: Pattimura Magister Law Review AIWADTHU: Jurnal Pengabdian Hukum LUTUR Law Journal PATTIMURA Law Study Review SASI
Sarah Selfina Kuahaty
Faculty Of Law Pattimura University, Ambon
Law, Crime, Criminology & Criminal Justice

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Pendidikan Perlindungan Konsumen Kepada Masyarakat Desa Di Kecamatan Teon Nila Serua Kabupaten Maluku Tengah Sarah Selfina Kuahaty; Teng Berlianty; Theresia Louize Pesulima; Agustina Balik; Maichel Lesnussa
AIWADTHU: Jurnal Pengabdian Hukum Vol 1, No 2 (2021): Volume 1 Nomor 2, September 2021
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (546.129 KB) | DOI: 10.47268/aiwadthu.v1i2.656

Abstract

Introduction: Lack of public understanding of civil rights owned, bringing its legal problems for the community. This is the basis of consideration of the Civil Law Section of the Faculty of Law, Pattimura University to conduct community service activities as a form of implementation of the Tri Dharma of universities, one of the legal topics presented is related to consumer protection issues.Purposes of Devotion: Providing an understanding of consumer protection law of the community, especially the community in 3 (three) villages in Teon Nila Serua sub-district, namely Layeni village, Wotay village, and Lesluru village. Method of Devotion: Method of Dedication is using legal counselling to the community in 3 (three) villages in Teon Nila Serua district of central Maluku Regency.Results of the Devotion: In the implementation of these activities, it is known that many consumer problems such as buying goods that have been offered, goods that have defects, or sometimes goods that have been damaged, such as rice or sugar but purchased because they are deceived by low prices, which turns out to be detrimental to society. As consumers, the public does not know that they can raise objections and demand their rights back. Providing legal education, especially consumer protection, can make society an intelligent consumer.
Perlindungan Tenaga Kerja Tanpa Kontrak Kerja Pada Kapal Penangkap Ikan (Bobo) Nila Juwita Mahulette; Sarah Selfina Kuahaty; Sabri Fataruba
TATOHI: Jurnal Ilmu Hukum Vol 1, No 9 (2021): Volume 1 Nomor 9, November 2021
Publisher : Faculty of Law Pattimura University

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Abstract

Introduction: Protection of Workers who work without an employment contract on fishing vessels owned by CV Tehoru. In carrying out work between workers and employers, there must always be a contract or work agreement.Purposes of the Research: Analyzing and Reviewing how to pay responsibilities to fishing workers by CV Tehoru as the employer.Methods of the Research: This research is included in normative legal research, namely research examining positive legal provisions, legal principles. Legal principles and doctrines to answer legal issues faced.Results of the Research: CV Tehoru uses a time unit wage system and a unit wage system. The time unit wage can be given by the employer based on the working time, that is, a matter of hours, days or a month, while the unit wage can be given based on the income result in accordance with the work agreement between the two parties. Although wages are based on units of result and units of time, a company must also adhere to a legal system that regulates drinking wages which are regulated by the central government or local governments.
Perlindungan Hukum Pemegang Hak Cipta terhadap Pelanggaran Melalui Aplikasi Telegram Martha Elizabeth Sutrahitu; Sarah Selfina Kuahaty; Agustina Balik
TATOHI: Jurnal Ilmu Hukum Vol 1, No 4 (2021): Volume 1 Nomor 4, Juni 2021
Publisher : Faculty of Law Pattimura University

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Abstract

Introduction: The distribution of cinematographic works is so much at this time, especially in the channel on the Telegram application.Purposes of the Research: Know the form of legal protection of cinematographic copyright holders whose rights are violated on the telegram application, as well as the legal consequences for the parties who commit the violation.Methods of the Research: The research method used is juridical normative, the problem approach used in the research is the statutory approach and the conceptual approach. Sources of legal materials used are primary, secondary and tertiary legal materials. The technique of collecting legal materials used in this study is a research library, then analyzed using qualitative methods.Results of the Research: Based on research, currently the distribution of cinematographic works without a creator or copyright holder is a violation that results in losses for both creators and copyright holders, but to prevent such violations there are protections provided to protect cinematographic works, including: preventive legal protection with limitations in several laws such as UUHC and UU ITE as well as providing Joint Regulations MENKUMHAM and MENKOMINFO regarding the Implementation of Closure of Content and/or Related Rights in Electronic Systems, repressive legal protection in the form of non-litigation efforts that focus on efforts to settle out of court (Alternative disputes and arbitration institutions), as well as litigation efforts carried out through the courts. Commercial Court and report closure of content and/or access rights). The legal consequences that are accepted for those who feel aggrieved, because the application is a loss and the legal consequences for those who violate the cinematographic works are subject to sanctions.
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

Abstract

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.
Tanggung Jawab Pelaku Usaha Obat Herbal Atas Pencantuman Nomor Izin Edar Fiktif Bayu Sapto Aji; Merry Tjoanda; Sarah Selfina Kuahaty
TATOHI: Jurnal Ilmu Hukum Vol 2, No 7 (2022): Volume 2 Nomor 7, September 2022
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i7.1128

Abstract

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.
Tanggung Jawab Pemilik Dalam Perjanjian Jual Beli Hasil Pohon Fivanti Filberth Khoemarga; Merry Tjoanda; Sarah Selfina Kuahaty
TATOHI: Jurnal Ilmu Hukum Vol 2, No 6 (2022): Volume 2 Nomor 6, Agustus 2022
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i6.1123

Abstract

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.
Penyuluhan Hukum Tentang Perlindungan Konsumen Terhadap Penggunaan Bahan Tambahan Pangan Theresia Loize Pesulima; Sarah Selfina Kuahaty; Sabri Fataruba; Ronald Fadly Sopamena
AIWADTHU: Jurnal Pengabdian Hukum Volume 2 Nomor 2, September 2022
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/aiwadthu.v2i2.1057

Abstract

Introduction: In running their business, business actors, especially business actors engaged in the culinary field, try to make the food or drinks they serve attract consumers' intentions to buy. Not infrequently, in order to beautify the appearance of food, they use food additives (BTP).Purposes of Devotion: This service aims to make the Toisapu village community better understand their rights as consumers, especially for the use of food additives (BTP) in the food and beverage products they consume. Method of Devotion: This counseling is carried out by presenting material by resource persons and followed by discussion and question and answer from the community.Results of the Devotion: The Toisapu village community, the majority of which work as fishermen, farmers and motorcycle taxi drivers, are consumers who consume food and beverage products that contain BTP, so it is necessary to understand the residents of Toisapu village as consumers who have rights guaranteed by law. In addition, as consumers, the residents of Toisapu village must be careful and selective in choosing the food and beverage products they consume.
Tanggung Jawab Pelaku Usaha Restoran Atas Penyediaan Aksesibilitas Bagi Konsumen Penyandang Disabilitas Jihan Maisarah; Sarah Selfina Kuahaty; Theresia Louize Pesulima
TATOHI: Jurnal Ilmu Hukum Vol 2, No 9 (2022): Volume 2 Nomor 9, November 2022
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i9.1432

Abstract

Introduction: Consumers as users of restaurant services include persons with disabilities who have the right to accessibility. However, the reality is that there are still many restaurants in Ambon city which have not fulfilled their obligation to provide accessibility facilities for persons with disabilities.Purposes of the Research: This study aims to examine the accountability of business actors to consumers and consider resolving disputes between business actors and consumers with disabilities in public services. Methods of the Research: The research method used is normative juridical with a statutory approach in the sources of primary, secondary, and tertiary legal materials.  The technique of collecting legal materials is through library research and prescriptive analysis.Results of the Research: The results of this study show the conditions in order to be able to immediately form actions in supervision and guidance as regulated in Article 29 paragraph (1) and Article 30 paragraph (1) to business actors in public services such as restaurants, to ensure the rights of consumers as regulated in the Law. -Consumer protection law. Enforcement of regulations through legal sanctions so that the fulfillment of consumer rights is truly fulfilled. According to the Consumer Protection Act, it can be in the form of a refund, or by providing compensation in accordance with the provisions of the applicable laws and regulations.
Kajian Yuridis Terhadap Transaksi Jual Beli Online Dengan Menggunakan Fitur Paylater Hijriyanti Hijriyanti; Teng Berlianty; Sarah Selfina Kuahaty
TATOHI: Jurnal Ilmu Hukum Vol 2, No 8 (2022): Volume 2 Nomor 8, Oktober 2022
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i8.1421

Abstract

Introduction: Shopee Paylater is a payment method which means users or consumers will get loans instantly. Each agreement of the parties has an obligation to fulfill achievements to other parties, in practice some of the Consumers do not carry out their obligations properly and correctly, some of the Consumers are not in good faith when carrying out product or service transactions, there are also buyers who do not pay in accordance with the agreed maturity date, therefore the Consumer is deemed to have defaulted.Purposes of the Research: Analyze and review the dispute resolution process if the consumer defaults on the Shopee Paylate payment method. Methods of the Research: : This research is included in normative legal research, namely research examining various positive legal provisions, various legal principles, legal principles and doctrines to answer legal issues faced by.Results of the Research: The results of the study show that the The procedure for carrying out online buying and selling transactions through Shopee using the Paylater feature can be done with the payment method in cash or installments. Furthermore, the process of resolving consumer disputes who default on paylater on the shopee marketplace is by paying a fine of 5% of the total bill and will continue to increase if it is not paid, consumers cannot checkout through shopee and the existing shopee paylater limit will be reduced because of this. the. does not carry out dispute resolution methods through litigation or non-litigation, the Shopee Paylater organizer only takes steps to resolve the dispute internally and provides administrative sanctions for defaulters on the Shopee Paylater usage agreement.
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 Pattimura University

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.
Co-Authors Arham Rays Tuanaya Balik, Agustina Barzah Latupono Barzah Latupono Bayu Sapto Aji Fernando Tantaru Fivanti Filberth Khoemarga Hapsa Marasabessy Hijriyanti Hijriyanti Huberth Adam Mainake Irawati Rommer Jenny Kristiana Matuankotta Jihan Ainun Mardian Septyawati Jihan Maisarah Julian Marsel Kaisiry Maichel Lesnussa Marselo Valentino Geovani Pariela Marselo Valentino Giovani Pariela Martha Elizabeth Sutrahitu Max Gilberth Emillio Veerman Merry Tjoanda Merry Tjoanda Merry Tjoanda Nila Juwita Mahulette Priescillia Mariana Palapessy Renita Putri Kartika Reawaruw Risqi Mumpuni Dyastuti Ronald Fadly Sopamena Ronald Fadly Sopamena Ronald Saija Roulinta Y Sinaga Sabri Fataruba Semuel Willem Simaela Sheilva Syahputri Assagaf Sri Rumada Sihite Teng Berlianty Teng Berlianty Teng Berlianty Theresia Loize Pesulima Theresia Louize Pesulima Theresia Louize Pesulima Wellastry Yamin Yoseph Batlolona Yosia Hetharie Yunus Hitipeuw