Garuda - Garba Rujukan Digital

Peralihan Kredit Kendaraan Bermotor Secara Sepihak Tanpa Persetujuan Huberth Adam Mainake; Sarah Selfina Kuahaty; Ronald Fadly Sopamena
PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 2023 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v1i1.10828

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.

Perlindungan Hukum Kepada Kreditur Dalam Perjanjian Kredit Dengan Jaminan Hak Tanggungan Pusnia Abdul Munsir; Merry Tjoanda; Ronald Fadly Sopamena
PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 2023 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v1i1.10833

ABSTRACT: In order to make ends meet, humans need to work and try, one of which is by starting their own business, for businesses, capital is needed and in obtaining capital, one of them is by making loans to banks. Default, the creditor has the right to execute the collateral in accordance with the provisions of Law No. 4 of 1996 concerning Mortgage Rights on Land and Objects Related to Land. Even though the creditor's rights have been stipulated in the law, however, when the debtor defaults and when the execution process is ongoing, the debtor fights against the creditor which results in the execution process being delayed and because of this it causes the creditor to suffer losses. The purposes of this study are: To find out and explain how the position of the creditor is in a credit agreement with a mortgage guarantee, To find out and explain how the legal protection for creditors is in a credit agreement with a mortgage guarantee. The method used in this research is normative juridical. And using a statutory approach as well as a conceptual approach, with legal materials consisting of primary, secondary and tertiary legal materials which are analyzed qualitatively. The results of this study indicate that the position of the creditor in the credit agreement with collateral rights has been regulated in the provisions of Article 1 point 1 of Law no. 4 of 1996 concerning Mortgage Rights on Land and Objects Related to Land, based on the explanation of the article that the creditor's position in the Mortgage Right is to have a priority position and has the right to precede other creditors in paying off debts. And creditors who have prior rights are also called Preference Creditors. There are two types of legal protection for creditors, namely preventive legal protection which aims to prevent problems or violations by giving a warning in carrying out an obligation. And repressive legal protection is a last resort in the form of sanctions such as fines, imprisonment, and additional penalties given when a dispute has occurred or a violation has been committed.

Perlindungan Hukum Bagi Pengemudi Online Yang Mengalami Kerugian Akibat Orderan Fiktif Pada Layanan GrabFood Faldi Rumasoreng; Theresia Louize Pesulima; Ronald Fadly Sopamena
PATTIMURA Law Study Review Vol 1 No 2 (2023): Desember 2023 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v1i2.11784

PT. Grab Indonesian collaborates with partners or drivers to enter into partnership agreements known in Law Number 20 of 2008 concerning Micro, Small and Medium Enterprises. In accordance with Article 1 Number 13 of Law Number 20 of 2008 concerning Micro, Small and Medium Enterprises confirms that the legal relationship between the two parties becomes a partnership relationship. But in this perspective, it cannot be said that the regulation can protect partners or drivers. This can be seen in fact there are still people who abuse the Grab application by making bookings that can harm partners or drivers if the booker does not pay in full for the ordered order using the COD (Cash On Delivery) transaction pattern or cash payment. This study used normative juridical research motede. This research is carried out by examining library materials or secondary data with conceptual and legislative approaches then the data is analyzed qualitatively and conclusions are drawn deductively, which is based on basic principles. The results of this study show that: 1) The legal consequences of fictitious order actions can be seen in two forms; First, from the form of unlawful acts. Where the perpetrator acts differently than required in terms of carrying out fictitious ordering actions by ordering food on GrabFood services. Second, from the form of default, where the perpetrator has committed acts of negligence and deliberate acts of fictitious ordering on GrabFood services. 2). The form of protection carried out by PT. Grab Indonesia one of them is providing forms of responsibility between the parties in the content of the partnership agreement in accordance with applicable laws and regulations. Then the responsibility of PT. Grab Indonesia as a business actor adheres to the principle of responsibility based on the element of error, where there is a fictitious order on the GrabFood service resulting in losses for the driver or drivers. So in order to compensate, the driver only gives.

Tanggung Jawab PT. Telkom Indonesia (Persero), Tbk Atas Layanan Jasa Indonesia Digital Home Anggi Safitri Sutan Syafli; Theresia Louize Pesulima; Ronald Fadly Sopamena
PATTIMURA Law Study Review Vol 1 No 2 (2023): Desember 2023 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v1i2.11785

In Law Number 8 of 1999 concerning Consumer Protection and Book III of the Civil Code concerning Binding which regulates the agreement relationship involving one party and the other party in order to obtain a legal certainty for the losses that will be experienced in the future, but in the case of network disruptions in PT Telkom's Indihome service, there have been internet interruptions in the Indihome service for several days and made consumers feel disadvantaged. This makes consumers question the responsibility of PT Telkom in handling the problem of internet interference. The research method used is juridical, namely research on legal rules, norms and principles based on laws and regulations, which are related to the problems studied. The type of research used is Descriptive Analysis on the grounds that the results used from the literature study are then analyzed and discussed using the flow of discussion systematically in several chapters. And the sources of legal material are Primary, Secondary and Tertiary. As well as legal material collection techniques using literature studies, analysis of legal materials using qualitative methods. The results showed that PT Telkom Indonesia, Tbk has a legal position if PT Telkom Indonesia, Tbk acts as a victim in this case, but in the case studied by the author, it is the consumer who is the victim in this problem where the consumer can report PT Telkom Indonesia, Tbk if the consumer meets the requirements to submit a request to the court in accordance with the meaning of legal position. And PT Telkom Indonesia, Tbk can be responsible for implementing a service level guarantee, which is an obligation of PT Telkom Indonesia, Tbk to consumers, which starts with PT Telkom Indonesia, Tbk resolving consumer problems within one month in accordance with applicable regulations, but if within one month PT Telkom Indonesia, Tbk cannot resolve the problem, PT Telkom Indonesia, Tbk is required to compensate consumers. The reason PT Telkom Indonesia, Tbk is responsible for the losses suffered by consumers is because Indihome is a subsidiary of PT Telkom Indonesia, Tbk.

Perlindungan Konsumen Pelanggan Indihome Terhadap Kebocoran Data Pribadi Indah Ipa; Theresia Louize Pesulima; Ronald Fadly Sopamena
PATTIMURA Law Study Review Vol 1 No 2 (2023): Desember 2023 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v1i2.12070

Problems related to personal data leakage that have occurred in Indonesia, one of which is the leakage of personal data of IndiHome customers that are traded on internet sites that can be reached by anyone. The leakage of personal data has indirectly deprived human rights which are very detrimental to the human point of view. Protecting consumer rights is an obligation of business actors as regulated in article 4 paragraph 5 of Law No. 8 of 1999 concerning Protection of Consumers. This type of research is Normative Juridical, or literature research because this research is carried out or aimed only at written regulations or primary, secondary and tertiary legal materials, the data collection method used is literature study and document study and data analysis is carried out normatively and comprehensively. The results of this study, show that the form of legal protection for IndiHome customer consumers who experience personal data leakage can be done in the form of preventive legal protection (prevention) providing opportunities for legal subjects to raise objections or opinions before the government decision gets a definitive form and Repressive legal protection (coercion) is legal protection that leads to dispute resolution. Legal remedies of IndiHome consumers who were harmed due to negligence on the part of PT. Telecommunications as Electronic System Operators that cause leakage of personal data can file a lawsuit based on Unlawful Acts stipulated in Article 1365 and Article 1366 of the Civil Code.

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