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Sabri Fataruba
Fakultas Hukum Universitas Pattimura
Law, Crime, Criminology & Criminal Justice

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PERLINDUNGAN HUKUM BAGI PIHAK BERKEPENTINGAN ATAS PROSES AKUISISI PT. BANK JASA ARTA OLEH PT. BANK RAKYAT INDONESIA Tbk Sabri Fataruba
SASI Vol 17, No 2 (2011): Volume 17 Nomor 2, April - Juni 2011
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v17i2.350

Abstract

Corporate action is dead of law generating impact for all the stockholders, either at requisitionist company and also target company. In Bank context must be paid attention is, minority stockholder, bank creditur, related to protection of law for the side of intended. This thing needs, remember one of impotant element from acquisition is element fairness applied for all party. Related to the intended, hence in process of requisitionist, the bank its the must has paying attention to rules applied, that is invitors number 40 the year 2007 about Limited Liability, number Code 10 the year 1998 about change to number Code 7 year 1992 about Banking, number Code 8 the year 1995 about Capital Market, Indonesia Bank Rules and Keputusan BAPEPAM arranging about Acquisition Procedure for Public Corporation. Intention of at paying attention to order or rule aplied arranging about acquisition for public corporation is for the agenda of giving protection to interested parties, either at requisitionist company or at company target, so that the interested parties nothing that is harmed with existence of acquisition is intended.
TRIPs dalam Kaitannya dengan Perlindungan Hukum Terhadap Rahasia Dagang, Desain Industri dan Desain Tata Letak Sirkuit Terpadu Di Indonesia Sabri Fataruba
SASI Vol 26, No 1 (2020): Volume 26 Nomor 1, Januari - Maret 2020
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v26i1.207

Abstract

Participation in the WTO has given consequences to its member countries, including Indonesia, to harmonize its laws in the field of Intellectual Property Rights for full compliance or full compliance as a minimum requirement and guidelines for WTO member countries to contain new norms and has a higher standard and contains strict law enforcement provisions as set by the TRIPs. In view of these matters, Indonesia has harmonized the existing laws in the field of Intellectual Property Rights and made legal norms in accordance with the standards set by the TRIPs for several fields of Intellectual Property Rights which had not yet been enacted at the time, where 3 ( three) including Law Number 30 of 2000 concerning Trade Secrets, Law Number 31 of 2000 concerning Industrial Design and Law Number 32 of 2000 concerning Layout Designs of Integrated Circuits, the regulations also meet the standards set by TRIPs , in order to provide adequate legal protection to guarantee the rights of Owners of Trade Secrets and Designers and to ensure that other unauthorized parties do not abuse them, so as to motivate the owners of trade secrets and designers to continue to be creative in creating and/or designing, as well also stimulates other communities to do same things.
KOMPETENSI ABSOLUT PENGADILAN AGAMA DAN KEKHUSUSAN BERACARANYA PASCA AMANDEMEN UNDANG-UNDANG NOMOR 7 TAHUN 1989 TENTANG PERADILAN AGAMA Sabri Fataruba
SASI Vol 22, No 1 (2016): Volume 22 Nomor 1, Januari - Juni 2016
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v22i1.178

Abstract

Absolute competency Religious Courts after the amendment of Law Number 7 of 1989 both according to Act Number 3 of 2006 on the amendment of Act Number 7 of 1989, and according to Act Number 50 of 2009 on the Second Amendment Act Number 7 of 1989 onReligious Courts become increasingly widespread with the presence of a special Courts in the province of Nangroe Aceh Darussalam, the competence not only in the field of civil law of Islam, but also including Islamic criminal law as well as other competencies stipulated in the by laws. The Religious Courts Competence to grow wider with their competence andadjudicates disputes zakat, infaq, and economic syari’ah, then, specifically with regard tothe absolute competence Religious Competency Courts in examining and deciding disputessyari’ah economy, the parties to the dispute are not only people who are Muslims, butpotencialy also for those non-Muslim who voluntary submit himself to the laws of Islam. Inaddition, with the elimination of the option rights, the Religious Courts also authorized toexamine and decide property disputes and other civil cases related to the object of the dispute is set out in article 49 of Act Number 3 of 2006, when the subject of the dispute is between those who are Muslims. Specificity associated with litigation, with the potential fornon-Muslim people as a subject for dispute resolution in the syari’ah economy on the basis of voluntary submission to Islamic Law, then, the position of the principle of personality toIslamization as a procedural specificity on the Religious Courts as a contained in article 1paragraph 1 of Act Number 7 of 1989 is not absolute again. Another thing that is necessaryand should be regulated, but it is not regulated at all, both in the first amendment , namely Act Number 3 of 2006, and the second amendment, namely Act Number 50 of 2009 on amendment of Act Number 7 of 1989 about Religious Courts relating to the specificity of the hearing of the Religious Courts is a problem charging the case, but with the expansion of its jurisdiction as set forth in Article 49 in conjunction with article 50 of Act Number 3 of 2006, the provisions on court fees, as contained in Article 89 paragraph (1) of Act Number 7 of 1989 is no longer relevant, so if the judge would still apply, it is devinitely potentially also apply to the judge in the case decide imposition of court fee is not fair to the parties, especially for led by won in a yudicial decision.
PERALIHAN HAK CIPTA KEPADA AHLI WARIS MENURUT HUKUM PERDATA Muchtar Anshary Hamid Labetubun; Sabri Fataruba
SASI Vol 22, No 2 (2016): Volume 22 Nomor 2, Juli - Desember 2016
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v22i2.163

Abstract

Copyright is a proprietary right therefore is of a special nature because the right is onlygranted to the creator or owner / holder of the rights concerned for within a certain period oftime obtaining legal protection to announce, reproduce, distribute, and other works of hiswork, or grant permission to Other people to do these things. Copyright is classified as theright to movable objects, so that copyright may be transferred either wholly or partially dueto inheritance, grant, endowment, testament, written agreement, or any other cause levied inaccordance with the provisions of the law. The arrangement of the inheritance of copyrightshall be regulated in accordance with the inheritance law based on the Civil Code whichregulates the status of a person's property after passing away by means of transfer of suchproperty to another person and Law Number 28 Year 2014 concerning the Copyright thatregulates the inheritance of copyright. Copyright as an inherited property may transfer ortransfer ownership in whole or in part which takes place automatically since the death of thecopyright owner (heir) and the status of copyright after being inherited is still recognized andprotected by Law Number 28 of 2014.
Donor Air Susu Ibu (ASI) dan Permasalahan Hukumnya serta Upaya Pencegahan Terjadinya Hubungan Kemahraman Sabri Fataruba
SASI Vol 25, No 1 (2019): Volume 25 Nomor 1, Januari - Juni 2019
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v25i1.148

Abstract

Providing exclusive breastfeeding to babies is the duty of a mother, and the baby has the right to get exclusive breastfeeding from his mother for 6 (six) months, then perfecting it for 24 (twenty four) months or for 2 (two) years. However, not all biological mothers of children born can give breast milk to their children for various reasons. Therefore another mother is required to share (donate) her milk to meet the needs of the child's Mother's Milk. Sharing (donor) Mother's Milk is a noble act, because it can help children whose mothers for certain reasons cannot breastfeed their children. The legal provisions governing Mother's Milk donors are regulated in positive law as well as Islamic Law which is referenced from the word of Allah SWT, the hadith of the prophet Muhammad and Jumhur Ulama. A sincere effort to help other people's children to get Mother's Milk intake should be done by always paying attention to the applicable legal rules, because specifically for those who are Muslim according to their religious law, Mother's Milk donors can have implications for the occurrence of a relationship of friendship. To prevent the occurrence of marriage (marriage) due to the occurrence of the relationship of beauty, there needs to be synergy between government institutions, in this case the Ministry of Health, Ministry of Social Affairs, Ministry of Home Affairs, and Ministry of Religion. The manifestation of this synergy is in the form of policies (regulations) that must be immediately issued in accordance with the existing authority in each of these institutions which in essence is an effort to prevent the occurrence of marriage (marriage) due to the occurrence of the relationship of beauty. The policy (regulation) is a synergy between government institutions, in addition to preventing the occurrence of marriage (marriage) between certain people because of the relationship, also to prevent prospective Mother's Milk donors who have the disease, participate in donating breast milk so that endanger the health of the recipient donor
Implikasi Hukum Terkait Dengan Pelaksanaan Pasal 24 Undang-Undang Nomor 41 Tahun 2004 Tentang Wakaf Sabri Fataruba
SASI Vol 24, No 1 (2018): Volume 24 Nomor 1, Januari - Juni 2018
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v24i1.115

Abstract

Article 24 of Law Number 41 Year 2004 on Wakaf states that wakaf with testament both orally and in writing can only be done if witnessed by at least 2 (two) witnesses who meet the requirements. The statement that wakaf with a will, either orally or in writing can only be done if witnessed by at least 2 (two) witnesses fulfilling the requirements as meant in Article 24 of Law Number 41 Year 2004 above means that if the endowers with oral or written testimony is not witnessed by at least 2 (two) witnesses who fulfill the requirements, it will have a legal effect on the validity of the waqf status. However, after the following articles and / or paragraphs of Law Number 41 Year 2004 along with their explanation, as well as Government Regulation Number 42 of 2006 on Implementation of Law Number 41 Year 2004 About Wakaf,  there was not  found any article explains what legal implications would be if the wakaf testament is not witnessed by at least 2 (two) witnesses who meet the requirements. Therefore, in order to overcome the incompleteness resulting in the ineffectiveness of Article 24, if there are any concrete events related to the will of judgment submitted to the court to be resolved, the judge shall be able to use the method of legal discovery, either according to the science of law or according to Islamic law appropriately, so it can provide legal certainty for justice seekers.
Co-Authors Muchtar Anshary Hamid Labetubun