Articles
<![CDATA[Wanprestasi Dalam Perjanjian Makan Hasil Dusun ]]>
<![CDATA[Irawati Rommer]]>;
<![CDATA[Teng Berlianty]]>;
<![CDATA[Sarah Selfina Kuahaty]]>
<![CDATA[ LUTUR Law Journal Vol 4 No 1 (2023): Mei 2023 LUTUR Law Journal ]]>
Publisher : <![CDATA[Program Studi Hukum Diluar Kampus Utama Universitas Pattimura Kabupaten Maluku Barat Daya ]]>
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DOI: 10.30598/lutur.v4i1.10453
<![CDATA[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.]]>
<![CDATA[Peralihan Kredit Kendaraan Bermotor Secara Sepihak Tanpa Persetujuan ]]>
<![CDATA[Huberth Adam Mainake]]>;
<![CDATA[Sarah Selfina Kuahaty]]>;
<![CDATA[Ronald Fadly Sopamena]]>
<![CDATA[ PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 2023 PATTIMURA Law Study Review ]]>
Publisher : <![CDATA[Faculty of Law Universitas Pattimura ]]>
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DOI: 10.47268/palasrev.v1i1.10828
<![CDATA[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.]]>
<![CDATA[Itikad Baik Pelaku Usaha Dalam Transaksi Jual Beli Online ]]>
<![CDATA[Yunus Hitipeuw]]>;
<![CDATA[Merry Tjoanda]]>;
<![CDATA[Sarah Selfina Kuahaty]]>
<![CDATA[ PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 2023 PATTIMURA Law Study Review ]]>
Publisher : <![CDATA[Faculty of Law Universitas Pattimura ]]>
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DOI: 10.47268/palasrev.v1i1.10837
<![CDATA[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.]]>
<![CDATA[Perlindungan Hukum Bagi Konsumen Kosmetik Atas Produk Parfum Isi Ulang ]]>
<![CDATA[Renita Putri Kartika Reawaruw]]>;
<![CDATA[Teng Berlianty]]>;
<![CDATA[Sarah Selfina Kuahaty]]>
<![CDATA[ PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 2023 PATTIMURA Law Study Review ]]>
Publisher : <![CDATA[Faculty of Law Universitas Pattimura ]]>
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DOI: 10.47268/palasrev.v1i1.10851
<![CDATA[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.]]>
<![CDATA[Tanggung Jawab Pengangkut Atas Tindakan Pemungutan Tarif Yang Tidak Sesuai Aturan ]]>
<![CDATA[Hapsa Marasabessy]]>;
<![CDATA[Merry Tjoanda]]>;
<![CDATA[Sarah Selfina Kuahaty]]>
<![CDATA[ PATTIMURA Law Study Review Vol 1 No 2 (2023): Desember 2023 PATTIMURA Law Study Review ]]>
Publisher : <![CDATA[Faculty of Law Universitas Pattimura ]]>
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DOI: 10.47268/palasrev.v1i2.11789
<![CDATA[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.]]>
<![CDATA[PRINSIP DAN NORMA HUKUM PENGADAAN BARANG/JASA SECARA SWAKELOLA ]]>
<![CDATA[Sarah Selfina Kuahaty]]>
<![CDATA[ SASI Vol 16, No 3 (2010): Volume 16 Nomor 3, Juli - September 2010 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/sasi.v16i3.784
<![CDATA[Procurement of goods/services the government is a government activity that has generally been regulated in Presidential Regulation Number 54 Year 2010 Concerning the Procurement of Goods/services of the Government. Procurement conducted by the government can be implemented by using a provider of goods/services or self-managed. In the procurement of goods/services are self-managed, then the planned procurement of work, work, and supervised solely by implementing self-management, among others can be done by the Ministry / Institution / Work Unit Regional / Other Institutions and Community Group. In the implementation of procurement of goods/services should be based on the principle of self-managed Efficient, Effective, Transparent, Open, Competitive, Fair / non-discriminatory, and Accountable. In the procurement of goods/services in self-management is also inseparable from the making of the contract, then in addition to these principles are self-managed procurement should also be implemented based on the principles as set forth in Civil Code principle of freedom of contract, Consensualism Principles, Principle of equality of the parties, Principles Pacta sunt servanda, and the Principles of good faith]]>
<![CDATA[Perlindungan Konsumen Terhadap Peredaran Produk Kesehatan Ilegal di Era Pandemik Covid-19 Di Kota Ambon ]]>
<![CDATA[Theresia Louize Pesulima]]>;
<![CDATA[Jenny Kristiana Matuankotta]]>;
<![CDATA[Sarah Selfina Kuahaty]]>
<![CDATA[ SASI Vol 27, No 2 (2021): Volume 27 Nomor 2, April - Juni 2021 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/sasi.v27i2.453
<![CDATA[This study swapped to know and analyze the protection of the law against consumen over the illicit circulation of health products in the covid-19 pandemic in the city of Ambon and the takes of the territory of the illegal health products in the covid -19 pandemic in the city of Ambon. The study was a sociolegal research. Which is the combination of research methods of doctrinal law research and empirical law research methods. The study was conducted in the municipal administration of Ambon, in the city of Ambon health services, in the industry and commerce of the province of Maluku and in the large hall of the Maluku drug and food centers. This type of data is primer data and seconder data through literature studies and interviews shown by the study shows that quality monitoring in done by both preventive and repressive governments in the pandemic covid-19 of Ambon, it is a legal protection for consumers against illegal health products that are unqualified and consumer helath standards and health that are circulated on the market according to prevailing legislation regulations.]]>
<![CDATA[PENGARUH HUKUM INTERNASIONAL TERHADAP PERKEMBANGAN HUKUM KONTRAK DI INDONESIA ]]>
<![CDATA[Sarah Selfina Kuahaty]]>
<![CDATA[ SASI Vol 20, No 2 (2014): Volume 20 Nomor 2, Juli - Desember 2014 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/sasi.v20i2.328
<![CDATA[international law as rules of law relating to individuals and non-state bodies, the rights and obligations that turned out to be important for the international community is international trade. International trade in general evolve towards freer trade and open. The presence of the World Trade Organization (WTO), and cooperated with other trade cooperation such as AFTA, APEC, even in the current developments in the region such as the AEC, resulting in world trade pushed towards freer trade and open. Trade through forms of cooperation, it is also cultivated free from unfair business practices so that it can evolve into a more conducive climate, therefore, to anticipate these developments, in addition to the use of a means of protection which are public, business people should also carry out protection in ways that are self-protection as business interests through contract law. The principle of freedom of contract as provided for in Article 1338 of the Civil Law Consequences to bring new contract models that were previously unknown in treaty law in Indonesia. The new contracts also cover the affected areas of the construction of the Federation Internationale des Ingénieurs Counsels (FIDIC), American Institute of Architects (AIA), Joint Contract Tribunals (JCT), Singapore Institute of Architects (SIA)]]>
<![CDATA[PERJANJIAN LISENSI SEBAGAI BENTUK PERLINDUNGAN MEREK ]]>
<![CDATA[Sarah Selfina Kuahaty]]>
<![CDATA[ SASI Vol 21, No 1 (2015): Volume 21 Nomor 1, Januari - Juni 2015 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/sasi.v21i1.319
<![CDATA[One branch of the study of the philosophy of science is the study of value axiology usefulness of science. Studies are generally intended to enhance human dignity. In the field of legal science in particular the Intellectual Property Rights pragmatic development occurs to break the deadlock laws that are exclusive for instance on the right to the brand with the birth of the license agreement that is expected to penetrate the exclusive restrictions earlier. Article 1 point 13 of Act No. 15 of 2001 on Marks, can be known elements in the Law License Brands include any permission granted by Trademark holders. The permission was given in the form of the agreement. The licensing agreement begins with the submission of the prospective licensee to the licensor as a brand owner. Such a request can be interpreted as an effort to permit application of the prospective licensee to use the trademark. If then reached an agreement in the form of the license contract, such agreement as a strong foundation and lawful for the licensee to produce goods or services using the brand licensor. The license agreement has been made between the licensor and the licensee must be registered. Agreements which have been registered prevail throughout Indonesia, unless agreed otherwise. The setting of this region related to territorial restrictions that allow for the exercise of the right of the registered trademark. In the perspective of axiology, a license agreement is very beneficial for others to use a trademark without breaking the law. In contrast to the brand owner, the license agreement is very beneficial for the legal protection of its brand, and can wreak opinions (income) from the payment of royalties received from licensees, if the license agreement is implemented consistently by the parties, it will bring great benefits to the parties , which in turn can bring justice]]>
<![CDATA[PEMENUHAN HAK ASASI MANUSIA ATAS BANGUNAN DENGAN KONTRAK BUILT, OPERATE AND TRANSFER ]]>
<![CDATA[Sarah Selfina Kuahaty]]>
<![CDATA[ SASI Vol 22, No 2 (2016): Volume 22 Nomor 2, Juli - Desember 2016 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/sasi.v22i2.167
<![CDATA[One of the goals of the state as mandated by the Constitution NRI Year 1945 is to promote the general welfare. As mandated by the constitution, the government is obliged to meet the objectives of the country. In addition Article 28 paragraph 1 of the Constitution NRI 1945 also gives the right to every person to live in physical and spiritual prosperity, as a human right. One form of the welfare of society is the availability of infrastructure and facilities to support each activity. The realization of infrastructure facilities such example is building. On one hand the government does not have the funds to provide the building, but the government owns the land. Therefore, the government can invite investors and cooperation for the procurement of the building by using the System Build, Operate and Transfer.]]>
