Theresia Louize Pesulima
Fakultas Hukum Universitas Pattimura, Ambon

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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.
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

Abstract

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

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.
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

Abstract

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

Abstract

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

Abstract

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
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.
Perlindungan Konsumen Terhadap Peredaran Produk Kesehatan Ilegal di Era Pandemik Covid-19 Di Kota Ambon Theresia Louize Pesulima; Jenny Kristiana Matuankotta; Sarah Selfina Kuahaty
SASI Vol 27, No 2 (2021): Volume 27 Nomor 2, April - Juni 2021
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v27i2.453

Abstract

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.
Perlindungan Hukum Terhadap Keselamatan Kerja Bagi Tenaga Kesehatan Akibat Pandemi Covid-19 Theresia Louize Pesulima; Yosia Hetharie
SASI Vol 26, No 2 (2020): Volume 26 Nomor 2, April - Juni 2020
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v26i2.307

Abstract

Indonesia is entering a critical period of the Covid-19 pandemic. Health workers are a profession that is in the vanguard and fight directly against Covid-19. Under these conditions, sometimes health workers have to sacrifice their lives to protect the public from the spread of the Covid-19 pandemic. From the results of the discussion, it can be concluded that the legal protection of the workforce safety of health workers due to the Covid-19 pandemic has not been implemented properly as mandated in the legislation. In the implementation of the rights of health workers during the Covid-19 pandemic still neglected and have not been fulfilled. Therefore, the role and responsibilities of the global government are needed to fulfill the rights of health workers as the frontline in handling the spread of Covid-19 in Indonesia.