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All Journal Perspektif : Kajian Masalah Hukum dan Pembangunan Batulis Civil Law Review TATOHI: Jurnal Ilmu Hukum AIWADTHU: Jurnal Pengabdian Hukum Balobe Law Journal PATTIMURA Legal Journal LUTUR Law Journal PATTIMURA Law Study Review SASI KANJOLI Business Law Review BAMETI Customary Law Review
Ronald Saija, Ronald
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Humanities Law, Crime, Criminology & Criminal Justice

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Tanggung Jawab Pemilik Hewan Peliharaan Atas Kerugian Yang Ditimbulkan Kajian Hukum Perdata Sahusilawane, Clarion; Saija, Ronald; Pariela, Marselo Valentino Giovani
PATTIMURA Law Study Review Vol 3 No 1 (2025): April 2025 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v3i1.19711

Abstract

The main objective of this research is to investigate the form of liability of animal owners for damage to residents' farms, as well as to reveal strategies for resolving the disputes faced. The research method is normative research, then using data collection techniques using original data, primary, secondary, and tertiary materials. In the discussion of this thesis, the author obtains material on the liability of pet owners for losses caused by civil law studies can be obtained in the Civil Code, consumer protection law. While civil rules, civil law responsibility, and administrative rules. Based on the description above, the author draws several conclusions where protection for consumers is found in the Civil Code, Consumer Protection Law, and Health Law. Furthermore, the liability of pet owners for losses caused by civil law studies can be based on civil law and administrative law.
Strategy of Dispute Resolution By Business Enterprises in Online Sale Transactions Joris, Tesalonika Luana; Saija, Ronald; Pariela, Marcelo Valentino Geovani
TATOHI: Jurnal Ilmu Hukum Volume 5 Issue 1, March 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v5i1.2940

Abstract

Introduction: The practice of online buying and selling, there are often defaults that disadvantage related parties and cause disputes. Dispute resolution is often faced with problems such as complicated procedures, lack of public understanding of available mechanisms, imbalance of power between business owners and consumers, and limited capacity of dispute resolution institutions.Purposes of the Research: The purpose of this research is to find out how consumer protection against online buying and selling disputes.Methods of the Research: This research is normative in approach with a statutory approach and conceptual approach. The research sources are legal sources related to online transactions in order to increase understanding of the principles of justice, consumer protection, and dispute resolution due to default.Findings of the Research: The results show that as a settlement of disputes due to default, it is necessary to make preventive efforts, namely being aware of the rights and obligations as buyers and sellers to prevent default and repressive efforts for consumer protection with compensation and which can be resolved by litigation and non-litigation. Dispute resolution needs to be synchronized with existing regulations on each e-commerce platform, so that consumers and sellers can follow the dispute resolution mechanism effectively.
Perspektif Penetapan Pajak Penambahan Nilai Pada Investasi Aset Kripto Di Era Digital Saija, Ronald; Labetubun, Muchtar Anshary Hamid
KANJOLI Business Law Review Vol 1 No 1 (2023): Juni 2023 KANJOLI Business Law Review
Publisher : Pusat Kajian Hukum Bisnis Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/kanjoli.v1i1.9799

Abstract

In this pandemic era, investment in crypto assets in Indonesia is increasingly attractive as one of the current breakthroughs in digital transactions. Even though crypto prices are very extreme and have a high risk, they are still more attractive to investors to invest in crypto. To be able to anticipate risks in crypto asset trading in Indonesia, the Government has established a regulatory policy on Value Income Tax on crypto asset investments in 2023, in order to reduce the risks of various digital transactions. The research objectives that become a legal gap in this study are: are there government regulations that can reduce the level of risk in digital transactions in crypto asset investments for business actors in Indonesia, and how can the determination of value added tax by the government be able to provide legal certainty for people who use crypto transactions in Indonesia. The research method used in this paper is normative legal research. This research is directed to be able to provide a description of the implications of legal certainty for value income tax in investing in crypto assets through digital transactions, as a policy to prevent risks for business actors. The results of the study show that the optimal regulation of Value Added Tax (VAT) on Crypto Asset Trading is regulated in the Regulation of the Minister of Finance of the Republic of Indonesia Number 68/PMK.03/2022, can reduce the risks that occur, if there are legal issues in the current crypto asset trading. As well as the implications of any profits derived from bitcoin trading activities being reported to the Directorate General of Taxes. Based on Law Number 42 of 2009 concerning the Third Amendment to Law Number 8 of 1983 concerning Value Added Tax on Goods and Services and Sales Tax on Luxury Goods, it includes a Value Added Tax (VAT) of 10%. And the application of legal certainty in the new regulations in the Regulation of the Minister of Finance of the Republic of Indonesia Number 68/PMK.03/2022.
Problematika Implementasi Eksekusi Harta Pailit Oleh Kreditur Separatis Dan Kurator Perspektif Keadilan Saija, Ronald
KANJOLI Business Law Review Vol 2 No 1 (2024): Juni 2024 KANJOLI Business Law Review
Publisher : Pusat Kajian Hukum Bisnis Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/kanjoli.v2i1.13699

Abstract

When executing bankruptcy assets begins, it is important to remember that separatist creditors as holders of material guarantees have a special position to execute themselves on bankrupt assets which are the object of their material guarantees. In a bankruptcy case, there are actually 2 (two) parties who can apply for execution, namely the Curator and the separatist creditor. This is the problematic implementation of bankruptcy law in Indonesia regarding bankruptcy assets belonging to bankruptcy debtors. As for the problem being studied is: "how is the legal analysis related to the implementation of the execution of debtor bankruptcy assets by Separatist Creditors and Curators from a justice perspective?". The aim of this research is to find solutions to problems objectively. The research method used is normative juridical research which is descriptive-qualitative in nature, by examining legal materials, both primary legal materials and secondary legal materials through related literature studies. The analysis used in this research is qualitative analysis to answer the problems studiedred.
Implikasi Hukum Kreditur Menangkal Pailit Yang Diajukan Debitur Berdasarkan Putusannya Nomor 33/PAILIT/2004/PN. NIAGA.JKT.PST Saija, Ronald; Radjawane, Pieter
KANJOLI Business Law Review Vol 2 No 2 (2024): Desember 2024 KANJOLI Business Law Review
Publisher : Pusat Kajian Hukum Bisnis Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/kanjoli.v2i2.16295

Abstract

This study aims to understand how the settlement of bankrupt assets is conducted concerning debtors filing for their bankruptcy. The case begins with the debtor's inability to repay their debts, leading them to declare bankruptcy. This research employs a normative juridical approach, prioritizing library research and document analysis to obtain secondary legal materials. The normative approach examines legal regulations related to the issue of legal protection for creditors concerning bankruptcy filed by debtors. Meanwhile, the juridical approach is used to analyze legal facts to address issues related to the protection of creditors' rights in connection with debtors declaring bankruptcy. The Bankruptcy and Suspension of Debt Payment Obligations Act (UUKPKPU), which replaced the previous Bankruptcy Act (UUK), remains insufficient in fully protecting creditors' rights. In the dispute involving PT. Golden Adishoes, there is a lack of clarity regarding the full repayment of debts, particularly when the bankrupt debtor's assets are insufficient to settle all their obligations. This situation implicitly forces creditors to accept that the bankrupt debtor cannot fully repay their debts. Furthermore, there is no explicit guidance or solutions provided for creditors to take action before the bankruptcy petition is filed by the debtor in the Commercial Court.
Hak Milik Di Atas Tanah Hak Ulayat Negeri Halong Sachmad, Yuniar; Saija, Ronald; Fataruba, Sabri
BAMETI Customary Law Review Vol 1 No 1 (2023): Juni 2023 BAMETI Customary Law Review
Publisher : Pusat Kajian Pesisir dan Masyarakat Hukum Adat Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/bameti.v1i1.9916

Abstract

This research discusses the Juridical Analysis of Property on Negen Halong Customary Land (Case Study of Supreme Court Cassation Decision Number 2879 K/Pdt/2019) which is the disputed land. This study aims to further discuss the juridical ownership rights over the customary land of Negen Halong. This research uses the juridical normative method by using a statutory approach, a conceptual approach, and a case approach. The results of the research show that the Supreme Court Judge’s Consideration in the Cassation Decision Number 2879 K/Pdt/2019) considers that against these reasons the Supreme Court is of the opinion that the reasons for cassation cannot be justified, due to legal consideration and the decision of the judex facti/Ambon High Court which annulled the decision of the Ambon District Court was correct and correct and not wrong in applying the law. Dictum of the Supreme Court Decision in Decision Number 2879 K/Pdt/2019 that after this final decision was notified to the applicant for cassation on 15 February 2019, then the petition for cassation was filed against him on 27 February 2019, as it turns out from the Deed of Request for cassation Number 6K/Pdt.G/2019/PN.Amb made by the Registrar of the Ambon District Court, the application was followed by a cassation memory containing the reasons received at the Registrar’s office of the District Court on March 6 2019.
Parate Eksekusi Oleh Kreditur Kepada Debitur Atas Objek Jaminan Kredit Akibat Wanprestasi Apituley, Werner Marfendo; Saija, Ronald
KANJOLI Business Law Review Vol 3 No 1 (2025): Juni 2025 KANJOLI Business Law Review
Publisher : Pusat Kajian Hukum Bisnis Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/kanjoli.v3i1.22703

Abstract

The implementation of the execution parate is regulated in Law Number 4 of 1996 concerning Mortgage Rights over land and objects related to the regulation of the execution model. In June 2023, the debtor borrowed credit from the creditor, namely BRI Rawamangun. For two years the debtor pays the credit smoothly, then in the third year the debtor is unable to pay off the credit. When providing credit, banks require collateral or collateral that can be used as a substitute for debt repayment if the debtor defaults. This research is normative legal research. The research approach uses a statutory approach, a case approach and a conceptual approach. The research stage uses library research, namely searching for secondary data using primary, secondary and tertiary legal materials. The legal material analysis technique uses qualitative analysis techniques. The results of the research show that, in setting the execution parate by the Bank for credit collateral objects due to default, the legal basis for the regulation of credit is Banking Law No. 10 of 1998 concerning credit agreements and Law No. 4 of 1996 concerning mortgage rights in article 6 related to the legal basis of the execution parate. This legal basis is the bank's power to carry out execution of credit guarantees due to default in good faith from the debtor who deliberately neglected to carry out the credit agreement.
Education and Legal Assistance for Copyright Assessment of the Oral Tradition of Making Fish Bubu (Fishing Trap) in Indigenous Peoples Pariela, Marselo Valentino Giovani; Saija, Ronald; Pical, Venda Jolanda; Demmatacco, Triska
AIWADTHU: Jurnal Pengabdian Hukum Volume 5 Issue 3, November 2025
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/aiwadthu.v5i3.3083

Abstract

Introduction: Legal education and assistance is important in reviewing copyright regarding the oral tradition of making fish traps which has been passed down from generation to generation in the indigenous communities of Ambon Island. This service focuses on protecting local intellectual property and traditional wisdom contained in the process of making fish traps.Purposes of The Devotion: The purpose of writing this article is to provide education and legal assistance to the people of Asilulu, Central Maluku Regency regarding the study of copyright regarding the oral tradition of making fish traps to improve the health of the people of indigenous countries in the future.Method of The Devotion: Socialization and discussion about the importance of completing documents in registering Intellectual Property Rights for the Oral Tradition of Bubu Ikan at the Ministry of Law and Human Rights, as well as education provided to Village Officials and the Community regarding the completeness of registration documents for registration of Intellectual Property Rights for the Oral Tradition of Bubu Ikan.Results Main Findings of the Devotion: Education and assistance for the protection of traditional knowledge (oral traditions regarding the creation of traditional fish traps) can prevent the cultural identity of the community that owns it from being lost in line with the extinction of traditional knowledge in the future.
Legal Protection for the Dominus in Acts of Zaakwarneming Tomasoa, Juliane Irene; Berlianty, Teng; Saija, Ronald
LUTUR Law Journal Vol 6 No 1 (2025): May 2025 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.v6i1.22888

Abstract

.An incident that often occurs in the life of others is an act without orders from others or voluntary help, this act is called Zaawarneming. Juridical-normative legal research using the Legislation approach, Conceptual approach related to the problem being studied. The findings of this study are that Dominus' protection in the Civil Code includes the Manager's obligation to account for its actions, Dominus' right to reject or accept the Manager' s actions, the Manager's obligation to compensate for damages, Dominus not paying wages to the Manager, and Dominus' right to terminate the act of Zaakwarneming. Currently, existing legal rules focus more on regulating the rights and obligations of Dominus (the owner of the interest) without providing sanctions or a clear compensation mechanism for Dominus if the Gestor (the party carrying out the management act) makes a mistake.
Co-Authors Alfons, Gilberth Apituley, Werner Marfendo Bakir, Herman Berlianty, Teng Fataruba, Sabri Joris, Tesalonika Luana Lenggono, Roy Prabowo Muchtar Anshary Hamid Labetubun Nabila, Syadzwina Hindun Nancy. S. Haliwela Panjaitan, Wijaya Natalia Pariela, Marcelo Valentino Geovani Pariela, Marselo Valentino Geovani Pariela, Marselo Valentino Giovani Pical, Venda Jolanda Radjawane, Pieter Reniwurwarin, Alfin Mubin Sachmad, Yuniar Sahusilawane, Clarion SIHITE, SRI RUMADA Tesalonika, Iming Maknaan Tomasoa, Juliane Irene Triska Demmataaco Triska Demmatacco