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All Journal 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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Journal : PATTIMURA Law Study Review

 1 
Peralihan Kredit Kendaraan Bermotor Secara Sepihak Tanpa Persetujuan Huberth Adam Mainake; Sarah Selfina Kuahaty; Ronald Fadly Sopamena
PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 2023 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v1i1.10828

Abstract

ABSTRACT: Limited sources of funds that are able to overcome the installment needs of lower income groups are the driving reason for the development of Consumer Finance Companies. The aim of the research is to discuss and analyze the legal consequences of transferring credit without creditor approval and resolving disputes over transferred credit objects. Research method: normative juridical, using a statutory approach, with the hope of answering the problems faced. Legal Material Collection Procedures. This is done by means of literature study. The management of legal materials used uses qualitative methods. Research results in the mechanism for resolving consumer complaints through 2 (two) stages, namely resolving complaints carried out by financial services institutions (internal dispute resolution) and resolving disputes through judicial institutions or institutions outside the judiciary (external dispute resolution). The legal consequences for consumers (debtors) of the act of transferring by buying and selling motorbikes without the approval of the financing company (creditor) are categorized as having committed an act of violating Law Number 42 of 1999 concerning Fiduciary Guarantees so that the financing company has the right to carry out actions to execute fiduciary guarantees by means of motorbike withdrawal.
Itikad Baik Pelaku Usaha Dalam Transaksi Jual Beli Online Yunus Hitipeuw; Merry Tjoanda; Sarah Selfina Kuahaty
PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 2023 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v1i1.10837

Abstract

ABSTRACT: Good faith is one of the efforts to provide legal protection to consumers in online buying and selling transactions. The research objective to be achieved by the author is how the good faith of business actors forms in online buying and selling transactions. And to find out and analyze how the responsibilities of business actors who do not have good intentions. This research is a problem approach using primary legal materials, tresier legal materials and secondary legal materials. The procedure for collecting legal materials used is library research. The processing and analysis of legal material is carried out using a normative legal research type with a qualitative descriptive method with a description of the problem and analyzing the legal material that has been collected. The results obtained are that the form of good faith in business conduct in online buying and selling transactions is a subjective form of good faith. Business actors are obliged to provide information regarding the goods they trade correctly and honestly as stipulated in Law Number 11 of 2008 Article 28 Paragraph (1) concerning electronic transactions. Therefore, the responsibility of business actors if they commit violations that cause harm to consumers in online buying and selling transactions is the obligation to compensate for losses that have been experienced by consumers in accordance with Law Number 8 of 1999 concerning consumer protection. the process of resolving disputes submitted by consumers can be resolved in two ways, namely by taking the court route or taking the route outside the court. The consumer protection law gives freedom to consumers who feel aggrieved to sue business actors through court but consumers also wish to resolve disputes with business actors through outside the court, so the consumer protection law provides a consumer dispute resolution agency (BPSK) which has the authority to handle consumer-related disputes.
Perlindungan Hukum Bagi Konsumen Kosmetik Atas Produk Parfum Isi Ulang Renita Putri Kartika Reawaruw; Teng Berlianty; Sarah Selfina Kuahaty
PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 2023 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v1i1.10851

Abstract

ABSTRACT: Currently, there are many business actors who get more profit by producing refill perfume containing hazardous substances that do not meet the requirements for circulation, so that Law No. 8 of 1999 was issued to provide legal protection for consumers. The purpose of this research was conducted to find out how the form of legal protection for cosmetic consumers for the distribution of perfume products containing dangerous substances and what form of legal protection for cosmetic perfume consumers who experience losses. The research method used is 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 is carried out using qualitative analysis techniques to answer problems. Based on the results of the study it can be concluded: Forms of Legal Protection for Consumers of Cosmetics for the Circulation of Refillable Perfumes are divided into 2, namely, Forms of Preventive Legal Protection as a preventive measure for a person/group who wants to carry out activities or actions that are negative and Forms of Repressive Legal Protection are efforts settlement of the occurrence of violations with the aim of resolving disputes. Consumers who are disadvantaged as a result of using dangerous refill perfumes based on Law Number 8 of 1999 concerning Consumer Protection, there are two forms of legal remedies, namely through out-of-court dispute resolution which is carried out by the Consumer Dispute Settlement Agency and legal remedies through dispute resolution in court carried out with reference to to the provisions of the general court in force.
Tanggung Jawab Pengangkut Atas Tindakan Pemungutan Tarif Yang Tidak Sesuai Aturan Hapsa Marasabessy; Merry Tjoanda; Sarah Selfina Kuahaty
PATTIMURA Law Study Review Vol 1 No 2 (2023): Desember 2023 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v1i2.11789

Abstract

Public transportation plays an important role in economic development, to achieve sustainability public transportation requires serious handling. Transportation is said to be important because it is related to the distribution of goods, services and labor, and is the core of urban economic movement. The carrier or owner of public transportation is responsible for the safety of the goods being transported, in accordance with the provisions in Article 438 paragraph (3) of the Commercial Code and the provisions for determining tariffs by the city government in Ambon Mayor Decree Number 347 of 2022 concerning Adjustments to Road Transport Tariffs for Passengers Economy Class in Ambon City. Even though the carrier's responsibilities and provisions related to fare prices have been determined, drivers as carriers are still not responsible for setting fare prices to passengers, in general there is no classification, which should be in accordance with the provisions set by the government. The method used in this research is normative juridical. And uses a statutory approach and a conceptual approach, with legal materials consisting of primary, secondary and tertiary legal materials which are analyzed qualitatively. The results of this research show that responsibility, as has been explained, is a state of being obliged to bear everything that occurs as a result of a mistake made by someone to another person due to their error or negligence. This also applies to carriers who collect fares not in accordance with the rules set by the government. , by observing several legal provisions in accordance with the laws that have been established, the carrier can be held responsible for acts of collecting fares that do not comply with the rules because the carrier is responsible for any losses experienced by passengers due to errors or negligence committed by the carrier. The legal protection that is obtained is usually an effort to provide a sense of security to passengers. In general, legal protection is realized in various forms, for example through providing compensation and so on. Any passenger who feels they have suffered a loss can sue the carrier.
Co-Authors Arham Rays Tuanaya Arifin Rappe Balik, Agustina Barzah Latupono Barzah Latupono Bayu Sapto Aji Dominggus Pier Usmany 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 Martha Elizabeth Sutrahitu Merry Tjoanda Merry Tjoanda Nila Juwita Mahulette Priescillia Mariana Palapessy Renita Putri Kartika Reawaruw Revandio Hendruno Moenandar Ronald Fadly Sopamena Ronald Fadly Sopamena Ronald Saija Rory Jeff Akyuwen Sabri Fataruba Semuel Willem Simaela Teng Berlianty Teng Berlianty Teng Berlianty Theresia Loize Pesulima Theresia Louize Pesulima Theresia Louize Pesulima Wellastry Yamin Yoseph Batlolona Yosia Hetharie Yunus Hitipeuw