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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

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 Hukum Bagi Penerima Waralaba Dalam Pemutusan Perjanjian Secara Sepihak Arifin Rappe; Sarah Selfina Kuahaty; Theresia Louize Pesulima
TATOHI: Jurnal Ilmu Hukum Vol 2, No 1 (2022): Volume 2 Nomor 1, Maret 2022
Publisher : Faculty of Law Pattimura University

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Introduction: A franchise agreement is a special agreement or also called an anonymous agreement, because it is not found in the Civil Code.Purposes of the Research: This writing aims to examine and discuss legal protection for franchisees related to unilateral termination of agreements made by the franchisor. Methods of the Research: The method used is a normative juridical research method using a statutory approach and a conceptual approach.Results of the Research: The results obtained from the research, the impact of unilateral termination of the agreement causes franchisees to sue and resolve disputes by way of deliberation by giving a warning or subpoena and also through out-of-court channels in accordance with Law Number 30 of 1999 paragraph (1) concerning Arbitration and alternative dispute resolution. This is also inseparable from the franchisor's responsibility for unilaterally terminating the agreement to the franchisee and the franchisee has the right to claim losses in accordance with Article 1243-1252 of the Civil Code.

Perlindungan Konsumen Terkait Harga Barang Yang Tidak Sesuai Tertera Pada Etalase Dan Struk Belanja Dewi Masitha; Theresia Louize Pesulima; Agustina Balik
TATOHI: Jurnal Ilmu Hukum Vol 1, No 11 (2022): Volume 1 Nomor 11, Januari 2022
Publisher : Faculty of Law Pattimura University

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Introduction: Consumer protection at this time cannot be separated from trading activities.Purposes of the Research: The purpose of writing this paper is. To find out the legal protection for consumers and the responsibilities of business actors regarding inappropriate prices in storefronts and shopping receipts. Methods of the Research: The research method used is normative juridical, with a statutory and conceptual approach. The sources of legal materials used are primary, secondary, and tertiary legal materials.Results of the Research: The results show that legal protection for consumers is to protect consumer rights, namely the right of consumers to obtain correct, honest and clear information regarding the state of guaranteed services and goods and rights to be served and treated honestly and correctly without discrimination. Thus, it can be seen that if there is a difference between the price of the goods listed and the price or tariff charged at the time of payment, the lowest price or tariff shall prevail.

Itikad Baik Konsumen Dalam Pemanfaatan Air Bersih Dominggus Pier Usmany; Sarah Selfina Kuahaty; Theresia Louize Pesulima
TATOHI: Jurnal Ilmu Hukum Vol 1, No 8 (2021): Volume 1 Nomor 8, Oktober 2021
Publisher : Faculty of Law Pattimura University

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Introduction: Some of the findings of cases carried out by the Regional Drinking Water Company of Ambon City, in fact, consumers as customers do not use clean water in accordance with the Consumer Protection Law which regulates consumer obligations, especially consumers' good ethics towards companies.Purposes of the Research: To find out the form of consumer good faith in the use of clean water and legal remedies that can be taken by business actors against consumers who do not have good intentions in the use of clean water.Methods of the Research: The method used is normative legal research. The research approach is a statutory approach and a conceptual approach. Sources of legal materials used are primary legal materials, secondary legal materials, and tertiary legal materials. The technique of collecting legal materials is through literature study and then analyzed through a perspective using qualitative methods.Results of the Research: The results of the study indicate that consumers/customers are obliged to carry out their obligations to the Regional Drinking Water Company of Ambon City. Legal Efforts to resolve disputes, broadly speaking, there are two models of civil dispute resolution, namely litigation and non-litigation. These two types of dispute resolution models are anticipated when a dispute cannot be resolved with only one settlement model. Consumers who have obtained their rights from the Regional Drinking Water Company of Ambon City/business actors but they do not have the good faith to carry out their obligations may be subject to sanctions.

Jaminan Sertifikat Hak Milik Atas Tanah Bukan Oleh Pemegang Hak Milik Dalam Perjanjian Kredit Perbankan Aryantho Dwiputra Sitania; Theresia Louize Pesulima; Marselo Valentino Geovani Pariela
TATOHI: Jurnal Ilmu Hukum Vol 1, No 6 (2021): Volume 1 Nomor 6, Agustus 2021
Publisher : Faculty of Law Pattimura University

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Introduction: An agreement is made in oral or written form, where both parties bind themselves and cause legal consequences. The legal protection of the certificate holder can be realized if the issuance of the certificate does not have a juridical defect, namely defects in procedure, substance, or authority. Purposes of the Research: The purpose of this research is to study and find out how the form of legal protection for the first party as the owner of the certificate and find out how the second party's civil liability for certificates borrowed and used as collateral.Methods of the Research: The method used is a normative juridical research method using a statutory approach, a conceptual approach and also a case approach.Results of the Research: The results of this study explain that regarding legal protection for certificate owners whose certificates are used by other people to enter into credit agreements in banking, because the party making the credit agreement does not have a certificate to be used as collateral in the process of borrowing money at the bank, as well as the responsibility of the certificate borrower. in accordance with applicable regulations.

Jual Beli Tanah dan Bangunan Atas Objek Jaminan Utang Meyske Tanamal; Teng Berlianty; Theresia Louize Pesulima
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.v2i4.1097

Introduction: The transfer of land rights is the transfer of land rights from one party to another, either because of an intentional or unintentional legal act.Purposes of the Research: To study and analyze the process of transferring the sale and purchase of land and buildings that have been used as objects of debt guarantees and to examine and analyze the validity of buying and selling land and buildings that have been used as objects of debt guarantees.Methods of the Research: This research is a normative legal research Results of the Research: The results of this study The validity of the sale and purchase of land and buildings that have been used as objects of debt guarantee, i.e. if the sale and purchase is carried out, has fulfilled the legal requirements of the agreement according to Article 1320 of the Civil Code, and the process of transferring the sale and purchase of land and buildings that are used as objects of debt guarantees is carried out in several stages, namely: the certificate of the object of sale and purchase must be redeemed first by first settling/paying off the debt, and after being paid off, the land certificate is confiscated/abolished collateral rights at the Land Office. The next stage is the preparation of the sale and purchase and the stage of making the sale and purchase deed before the Land Deed Maker Official, including the payment of the sale-purchase tax. Then the next stage is the registration of the transfer of rights or registration of the sale and purchase deed to the Land Office.

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

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.

Tanggung Jawab Pemerintah Terhadap Revitalisasi Trotoar Di Kota Ambon Irfan Prawira Idris; Merry Tjoanda; Theresia Louize Pesulima
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.v2i8.1422

Introduction: Sidewalks function as road facilities that can support various community activities as pedestrians walk on the highway. Law Number 22 of 2009 concerning Road Traffic and Transportation has clearly accommodated the provision of protection for the rights of pedestrians in Indonesia in which every Indonesian society as pedestrians has the right to the availability of the sidewalk. Article 3 of the UUPK states that one of the objectives of consumer protection is to create an element of legal protection that contains legal certainty for consumer rights, including the right to use safe and comfortable sidewalk facilities. above, often in several areas in Indonesia many pedestrians complain about sidewalk facilities that are not functioning properly. The sense of security and comfort that pedestrians get, is inversely proportional. One of them is the revitalization of sidewalks in the city of Ambon, which turned out to be slippery and caused losses for road users.Purposes of the Research: The purpose of this study is to identify and explain the government's responsibility for increasing user fees in Ambon City. Methods 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 materials were analyzed qualitatively in order to answer the problems studied.Results of the Research: Based on the results of the study, it shows that the Government in this case the Department of Public Works and Spatial Planning of the Maluku Province is also responsible for the losses experienced by the community as pedestrians as a result of revitalizing the slippery pavement and does not provide a sense of security, comfort and maintain pedestrian safety. Therefore, pedestrians who suffer losses due to the slippery pavement can take legal action to demand compensation from the government, both litigation and non-litigation.

Aturan Wajib Bagi Konsumen Menjadi Anggota Happy Kiddy Ditinjau Dari Hukum Perlindungan Konsumen Faliya Hakim; Theresia Louize Pesulima; Agustina Balik
TATOHI: Jurnal Ilmu Hukum Vol 3, No 1 (2023): Volume 3 Nomor 1, Maret 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i1.1550

Introduction: Consumer protection is an integral part of healthy business activities.Purposes of the Research: The purpose of this study is to understand and find out the obligations for consumers, who are members of Happy Kiddy, legal protection that can be given to consumers directly and to find out the extent of the binding power of the standard clauses on consumers, who become consumers in places that apply standard clauses. Methods of the Research: The method used in analyzing and reviewing is normative juridical.Results of the Research: The results of this study indicate that the inclusion of a standard clause made by Happy Kiddy, there is a clause that is contrary to Law Number 8 of 1999 concerning Consumer Protection. The negative impact for consumers with the inclusion of standard clauses from Happy Kiddy is the obligation of consumers to become Happy Kiddy members, consumers are vulnerable to becoming victims of business actors due to their weak position. The form of legal protection for consumers related to the inclusion of standard clauses carried out by Happy Kiddy business actors is contained in Article 18 paragraph (3) of the UUPK. In addition, the form of consumer protection related to the inclusion of standard clauses through supervision is carried out by BPSK and the District Court.

Tanggung Jawab Pelaku Usaha Terhadap Cacat Tersembunyi Pada Sepeda Motor Baru Vika Chairil Bachta; Teng Berlianty; Theresia Louize Pesulima
TATOHI: Jurnal Ilmu Hukum Vol 3, No 6 (2023): Volume 3 Nomor 6, Agustus 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i6.1816

Introduction: Consumers generally do not know the parts of motorbikes, so it is possible that business actors already know that there are hidden notes on the motorbike and violate consumer rights. Business actors should provide guarantees to consumers as motorbike buyers by providing guarantees in accordance with their rights consumer.Purposes of the Research: This writing aims to examine the dealer's responsibility for hidden defects in the sale and purchase of new motorcycles and to examine the legal remedies that can be taken by consumers for hidden defects in the sale and purchase of new motorcycles.Methods of the Research: The type of research used is normative, which is focused on providing explanations that explain a particular category. Approach the problem of the statute approach (statute approach) and the conceptual approach (conceptual approach). The collection of legal materials through primary legal materials is then free from secondary legal materials. The processing and analysis of legal materials is described in a qualitative way with the aim of describing the findings in the field.Results of the Research: The responsibility given by the seller is that if there is a hidden defect in the new motorcycle, the seller is obliged to exchange or replace the goods in accordance with the agreement contained in the warranty card. Legal remedies that can be taken by consumers are the enactment of the UUPK, especially Article 19 paragraph (1) and Article 24 concerning consumer protection, which aims to provide a legal basis for consumers to claim their rights. Product responsibility for motorcycles that contain hidden defects is one solution that can be applied to a motorcycle sale and purchase agreement if there are hidden defects because the implementation of product responsibility allows consumers to directly ask for a replacement from the seller who has been negligent in selling the motorcycle and cause harm to the buyer, namely the consumer

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