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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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Perlindungan Hukum Pelaku Usaha Lelang Tiktok Shop Atas Tindakan Bid and Run Fernando Tantaru; Teng Berlianty; Sarah Selfina Kuahaty
PAMALI: Pattimura Magister Law Review Vol 3, No 1 (2023): MARET
Publisher : Postgraduate Program in Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v3i1.1382

Abstract

Introduction: In connection with the development of information and communication technology, one of which is the Tiktok Shop, where goods or services can be traded to consumers across regional boundaries, consumer protection is an important matter that must be considered. In this regard, consumer protection is more heavily regulated compared to business actors, who often experience losses through bidding and running,Purposes of the Research:  The purpose of this study is to analyze and discuss legal protection for business actors and consumer legal liability in bid and run defaults in tiktok shop auctions.Methods of the Research: The research method used is normative legal research and a legal concept analysis research approach using library research collection techniques.Results of the Research: The existence of legal protection can provide legal certainty for various problems faced by society. If consumers take bid and run that have clearly violated the agreement, consumers have violated the right of business actors to receive payments in accordance with the agreement regarding the conditions and exchange rates of goods and services sold.
Perlindungan Hukum terhadap Hak Kepemilikan Objek Jaminan Fidusia yang telah dialihkan Tanpa sepengetahuan Kreditur Semuel Willem Simaela; Jenny Kristiana Matuankotta; Sarah Selfina Kuahaty
TATOHI: Jurnal Ilmu Hukum Vol 3, No 2 (2023): Volume 3 Nomor 2, April 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i2.1559

Abstract

Introduction: The transfer of a fiduciary guarantee must obtain approval from the Fiduciary Giver (Debtor) and the Fiduciary Recipient (Creditor) but in reality there is often a transfer process by the Fiduciary Giver to the buyer who is the third person which is carried out without the knowledge of the Fiduciary recipient (Creditor).Purposes of the Research: The purpose of this paper is to find out and analyze the Legal Protection of Ownership Rights of Fiduciary Guarantee Objects that have been transferred without the knowledge of the creditor. 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 qualitative.Results of the Research: The results showed that: 1). Legal protection for third parties who have received ownership rights over the object of fiduciary security carried out by the fiduciary giver (debtor) without the knowledge of the fiduciary guarantee recipient (creditor) has never been regulated in the Fiduciary Law. 2). As explained in Pasal 19, Pasal 21 ayat 1, 2, 3, and 4, Pasal 24 and Pasal 25 of the Fiduciary Law that payments for installments on the object of fiduciary security that have been transferred by the fiduciary guarantee provider (debtor) to a third party are made without the knowledge of the fiduciary recipient (creditor) is still part of the debtor's obligation to pay off the installments of the fiduciary guarantee
Covid -19 Sebagai Alasan Pemutusan Hubungan Kerja Jihan Ainun Mardian Septyawati; Merry Tjoanda; Sarah Selfina Kuahaty
TATOHI: Jurnal Ilmu Hukum Vol 3, No 3 (2023): Volume 3 Nomor 3, Mei 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i3.1590

Abstract

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
Tanggung Jawab Pihak Ekspedisi Dalam Transaksi Pengiriman Barang Priescillia Mariana Palapessy; Teng Berlianty; Sarah Selfina Kuahaty
PAMALI: Pattimura Magister Law Review Vol 3, No 2 (2023): SEPTEMBER
Publisher : Postgraduate Program in Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v3i2.1413

Abstract

Introduction: The marketplace works with the expedition as a delivery service to facilitate sellers in sending buyers' orders. The process of sending goods does not always run smoothly, there are various common problems that usually occur in the process of sending goods by the expedition. This certainly raises the distrust of service users towards the responsibility of the expedition.Purposes of the Research:  To find out the form of legal responsibility for the expedition's default and the factors that cause default by the expedition.Methods of the Research: This research uses normative research methods with the problem approach used is a statutory approach and conceptual approach, and the sources of legal materials used are primary, secondary and tertiary.Results of the Research: The results showed that if in the process of shipping goods there is a violation or negligence caused by the expedition, then the expedition as a business actor will provide compensation, this is in accordance with Article 1366 of the Civil Code. The act of default by the expedition in the delivery of goods is caused by internal and external factors that make the expedition must be responsible for the losses caused.
Pelaksanaan Perjanjian Babalu Dalam Masyarakat Negeri Sanahu Yoseph Batlolona; Barzah Latupono; Sarah Selfina Kuahaty
TATOHI: Jurnal Ilmu Hukum Vol 3, No 5 (2023): Volume 3 Nomor 5, Juli 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i5.1807

Abstract

Introduction: In everyday life, humans cannot be separated from carrying out agreement activities, both written and unwritten.Purposes of the Research: To study and analyze the implementation of the babalu agreement in Negeri Sanahu, To review and design a babalu agreement that can provide benefits to the parties, As one of the requirements to complete studies at the Faculty of Law, University of Pattimura.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: Babalu agreement is an agreement that is often used by people in the State of Sanahu, West Seram Regency with certain provisions and there are rights and obligations between land owners and sharecroppers. If the agreement made and agreed upon by the parties and witnesses (customary leaders) is violated, the violator will receive sanctions in the form of termination of work if the violation is on the part of the sharecropper, and if the land owner violates the law, the results that are managed completely belong to the sharecropper. Without repaying the land owner. If the agreement is violated by one of the parties, then the legal consequences are in accordance with Article 1338 of the Civil Code, namely if anyone who violates the agreement will receive a penalty as stipulated in the law.
Penyuluhan Hukum Tentang Penyelesaian Sangketa Perkawinan Dengan Menggunakan Pranata Adat Saudara Kawin Di Pulau Haruku Kabupaten Maluku Tengah Barzah Latupono; Sarah Selfina Kuahaty; Theresia Louize Pesulima
AIWADTHU: Jurnal Pengabdian Hukum Volume 3 Nomor 2, September 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/aiwadthu.v3i2.1780

Abstract

Introduction: The rise of marriages carried out without going through the marriage procedures in the Marriage Law has resulted in many problems regarding the validity of marriages in Central Maluku district, giving rise to various legal problems in the local community.Purposes of Devotion: To provide legal understanding related to marriage issues that can be resolved by married siblings without having to go to court in Pulau Haruku District, Central Maluku Regency. Method of Devotion: Carried out using the lecture method by each presenter. The lecturer is given time to present the material, after that the participants are invited to ask problems or questions, which are then answered in turn by the presenter according to the problem being asked.Results of the Devotion: It is important for all levels of society to understand Marriage Law and that problems that arise can be resolved by married relatives as mediators so that marriage problems no longer have to be resolved in court.
Perjanjian Jual Beli Pohon Musiman Di Dalam Masyarakat Desa Sanahu Seram Bagian Barat Julian Marsel Kaisiry; Barzah Latupono; Sarah Selfina Kuahaty
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.v3i8.1860

Abstract

Introduction: The sale and purchase agreement has undergone many developments, especially regarding the procedures or forms used.Purposes of the Research: This writing aims to analyze the customary law review of the seasonal tree sale and purchase agreement in the Sanahu State community, to find out the form of sanctions for buyers who do not carry out the custom of buying and selling seasonal trees in accordance with customary law in the Sanahu State community, as one of the requirements in fulfilling study completion at the Faculty of Law, University of Pattimura.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 of the study show that the tree sale and purchase agreement in the Sanahu community is valid, because it complies with the Civil Code contained in Article 1320, namely regarding the terms of the agreement. The agreement that has been agreed upon by the parties regarding prices and goods, is capable of making an agreement.
Wanprestasi Dalam Perjanjian Makan Hasil Dusun Irawati Rommer; Teng Berlianty; Sarah Selfina Kuahaty
LUTUR Law Journal Vol 4 No 1 (2023): Mei 2023 LUTUR Law Journal
Publisher : Program Studi Hukum Diluar Kampus Utama Universitas Pattimura Kabupaten Maluku Barat Daya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/lutur.v4i1.10453

Abstract

There is a shape of agreement to enjoy the results of the community in Kehly Village, Damer Island District, Southwest Maluku Regency, which is commonly known as "eating hamlets" or in the regional language "Rsakar" or "Rsakaro Likut/Ela", where the essence of the agreement is the same as the production sharing agreement. The distribution of the results of the agreement is influenced by factors such as soil fertility, soil availability, provision of seeds, types of crops, and so on. If the land to be managed will be made into a hamlet, and the crops provided by the landowner (the grantor of inheritance), then the proceeds are divided based on the number of heirs entitled to receive the inheritance. This kind of agreement is called "Elab Nuru". This research used normative legal research. The results showed that the agreement written or oral is a valid agreement because it meets the elements of the agreement listed in article 1320 of the Civil Code. Therefore, the parties who make the agreement either orally or in writing are obliged to carry out the obligations according to the agreement, as stipulated in article 1234 of the Civil Code which states that "every engagement aims to give something, do something, or not do something." If one of the parties does not fulfill its obligations, then that party has defaulted.
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.
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