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Pendaftaran Merek Dagang dengan Menggunakan Kata Umum Stevi Josua Leimena; Merry Tjoanda; Nancy Silvana Haliwela
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.v3i1.1553

Introduction: A mark cannot be registered if it is a common name and/or a symbol of public property but in trade there is circulation of a mark using the general word.Purposes of the Research: To analyze and explain how the registration of trademarks that use common words and the legal consequences for trademarks that use common words as marks. Methods of the Research: The research method used is normative juridical research, the type of research is descriptive analytical. The sources of legal materials used are primary, secondary and tertiary legal materials. The technique of collecting legal materials used in this research is through literature study. The analysis of legal materials is descriptive qualitativ.Results of the Research: The results showed: 1). Procedures and legal rules for trademark registration are regulated in Law Number 20 of 2016 concerning Marks and Geographical Indications and Regulation of the Minister of Law and Human Rights Number 67 of 2016 concerning Registration of Marks and Regulation of the Minister of Law and Human Rights Number 12 of 2021 concerning Changes On the Regulation of the Minister of Law and Human Rights Number 67 of 2016 concerning Trademark Registration. 2) The legal consequences for trademarks that use the Common Name as a Mark can be seen in Article 20 of Law Number 20 of 2016 and Article 16 Letter (f) of the Regulation of the Minister of Law and Human Rights Number 12 of 2021 concerning Amendments to the Regulation of the Minister of Law And Human Rights Number 67 of 2016 concerning Mark Registration is by carrying out law enforcement efforts in the form of "revocation" of the mark which in this case is the "AQUA" Mark using the Common Name.

Konstruksi Reforma Pajak Bagi Pemilik Tanah Dati Di Kota Ambon Dalam Perspektif Keadilan Ronald Saija; Nancy Silvana Haliwela; Triska Demmatacco
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.v3i2.1695

Introduction: The land owner does not have real and legal evidence that has legal force, so Village Officials assume that the land still belongs to the village and can be given or sold by the Village.Purposes of Devotion: This service can produce a legal product in the form of a state regulation and even state regulations regarding the construction of tax reform for dati landowners in the perspective of justice, so that dati landowners can know the tax collection model that can be used as proof of tax payment so that there is proof of ownership that is legally and has legal protection for dati landowners. Method of Devotion: The implementation of this service uses the extension method, through discussion in which the presenter explains material related to the service and is followed by questions and answers between the presenter and the participants.Results of the Devotion: The owner of the Dati lands in Soya Village is state land granted by the Official, so it is necessary to prove ownership of the land under Indonesian law so that it does not become a dispute in the future, the speaker provides information regarding the payment of Land and Building Tax to protect the rights of the villagers including the ulayat rights of indigenous peoples, especially the owners of dati lands. In fact, the land owner in Soya Village has never paid his land tax (traditional land tax) to the tax office related to land tax or regional tax due to the lack of information and understanding regarding the Tax Payment Model which can be used or as proof of ownership and can be used as legal protection in the event of a dispute in the future. As for the gap, namely whether the form of tax reform construction can cover the process of paying taxes on customary lands in Ambon City. in accordance with state regulations in order to create justice.

Pertanggungjawaban Debitur Terhadap Kreditur Pada Perjanjian Kredit Dengan Jaminan Fidusia Rizka Astri Husen; Nancy Silvana Haliwela; Agustina Balik
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.v1i1.10835

ABSTRACT: An agreement is an agreement made by one party and another party based on trust. It is the same with credit agreements with fiduciary guarantees that occur between debtors, creditors and third parties. Where a third party defaults, against the creditor. by not paying car loan installments. So that it results in a credit agreement between the Debtor and the Creditor. So that the action refers to the provisions of the Civil Code Article 1238, namely "The debtor is declared negligent by a warrant, or by a similar deed, or based on the strength of the agreement itself, that is, if this agreement results in the debtor being deemed negligent within the allotted time". The type of research used is normative juridical research. the type of normative juridical research is a research that examines legal materials, legal doctrine, legal principles, legal principles, as well as positive legal provisions in order to answer the legal issues that have been studied. Another name for normative research is doctrinal legal research which can be referred to as library research or document study because this research is carried out and shown only on written regulations or other legal materials. The results of the study show that it is related to credit accountability. From debtors, creditors and third parties. The responsibility of the debtor to the creditor is based on Article 30 of the Fiduciary Law that the debtor will hand over fiduciary objects to the creditor. Settlement of defaults can be carried out through litigation or non-litigation between the debtor and the creditor. then the legal settlement between the debtor and a third party, by making a warning letter or a new agreement for the losses suffered by the debtor.

Penyalahgunaan Karya Cipta Buku Novel Melalui Media Internet Holdrin Nahumury; Nancy Silvana Haliwela; Judy Marria Saimima
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.v1i1.10847

The Copyright Law and the Civil Code regulate the provision of protection for the rights of a person to protect a work of creation from the actions of other people who violate a person's copyright and cause harm to the creator/owner of a work of creation, but in reality until now there are still many violations of the copyright of novel books that are published through internet media which cause harm to the creator. Purposes of the Research For reviewing and misusing copyrighted works of books through internet media can be criminalized. and To study and explain how the form of compensation for misuse of copyrighted works of books in the civil aspect. and As one of the requirements in completing undergraduate studies (S1) at the Faculty of Law, Pattimura University, Ambon. The research method used is Normative Juridical, Type of research is Descriptive Analytical, Sources of legal materials: Primary, Secondary and Tertiary, Techniques for collecting legal materials using Literature Study, Analysis of legal materials using Qualitative method. The results of this study are Misuse of copyrighted works through internet media can be criminalized based on legal provisions Article 35 of Law Number 11 of 2008 concerning Information Technology and Communication (UU ITE) and Article 113 paragraph 1, paragraph 2, paragraph 3 and paragraph 4 of Law Number 28 of 2014 concerning Copyright (UUHC). And The form of compensation for the misuse of copyrighted works based on IPR and the Civil Code is by making compensation in the form of an amount of money paid to the owner of the copyrighted work and can be done through a request to the Commercial Court or the District Court related to Copyright infringement or Unlawful Acts as a result of misuse of copyrighted works through the internet media.

Penguatan Hukum Tentang Perjanjian Kredit Pada Koperasi Bagi Masyarakat Haliwela, Nancy Silvana; Lakburlawal, Mahrita Aprilya
AIWADTHU: Jurnal Pengabdian Hukum Volume 4 Nomor 2, Juli 2024
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/aiwadthu.v4i2.2029

Introduction: Credit to cooperatives has become a choice for the community, due to easy credit requirements and a faster credit disbursement process. Credit is extended by the cooperative to the community (debtor), through a credit agreement made between the cooperative and the community (debtor). A credit agreement made legally, legally binding on the parties. However, it is undeniable that many credit problems lead to bad credit, due to the lack of public legal knowledge about credit agreements.Purposes of Devotion: Strengthening the law regarding credit agreements for the community is the focus of study in community service activities, which is important to convey to the community, in order to provide legal understanding and education regarding credit agreements for the community. Method of Devotion: Strengthening the law is carried out through legal counseling using the panel discussion method, where the speaker first delivers the material, followed by a questions and answers session between the community and the presenter.Results of the Devotion: Communities in Toisapu Hamlet, Hutumuri Village, Leitimur Selatan District, Ambon City, have made many credit agreements with cooperatives for capital for business activities and also for the consumptive needs of the community. As a result of the lack of legal knowledge about credit agreements, it has resulted in various legal issues between the community (debtor) and the cooperative. People (debtors) are entangled with credit, credit arrears occur and bad credit occurs. This raises a dispute between the community (debtor) and the Cooperative. The community (debtor) does not understand the credit agreement, resulting in credit not guaranteeing an increase in community business activities (debtors) instead it becomes a debt burden for the community (debtors).

Tanggungjawab Grab Express Terhadap Konsumen Dalam Jasa Pengantaran Barang Yulianti, Wa Ode; Berlianty, Teng; Haliwela, Nancy Silvana
TATOHI: Jurnal Ilmu Hukum Vol 4, No 2 (2024): Volume 4 Nomor 2, April 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i2.2128

Introduction: Grab Express is a goods delivery service provided by the Grab company for people in Indonesia, grab express offers services to consumers in the form of services with drivers/couriers as business partners of the Grab Indonesia company. However, the services provided by the grab express company still have various irregularities committed by drivers/couriers to consumers who use grab express services.Purposes of the Research: This study aims to identify and describe the legal relationship between Grab Express and consumers in goods delivery services and this research also aims to analyze and explain accountability in the event of a loss on the part of the consumer.Methods of the Research: This research is a normative legal research, using a law approach and a conceptual approach. Legal research materials include primary, secondary, tertiary data sources. Data collection techniques in the form of literature study. Techniques for analyzing data on legal materials that were collected and compiled systematically and then reviewed and analyzed qualitatively.Results of the Research: From the research results, companies that provide Grab Express services can be held responsible for damage to goods sent to consumers through the driver/courier. Responsibility can be realized in the form of compensation and replacement as a result of damage or loss of goods experienced by consumers. The legal relationship between Grab Express and consumers occurs when consumers agree to the Grab Express service application. Grab Express has a legal relationship with the driver/courier as the officer who will deliver the goods to the consumer. If there is damage, the responsibility for the consumer can be requested from Grab Express and followed up by the driver/courier. Grab Express and driver/courier parties in carrying out their business activities are required to carry out their work responsibly and not harm consumers. Consumers are obliged to receive services as a form of right because they have fulfilled their obligations by paying a fee for using the Grab Express service.

Penyelesaian Pembayaran Kredit Di Bank Akibat Meninggalnya Penerima Kredit Waas, Ferdy; Laturette, Adonia Ivonne; Haliwela, Nancy Silvana
LUTUR Law Journal Vol 5 No 1 (2024): Mei 2024 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.v5i1.13260

In the Ambon District Court Decision, Number 84/Pdt.G/2019/PN.Amb, where the debtor on behalf of Alice de Fretes entered into an agreement credit with PT Bank Mandiri Ambon branch with collateral, namely 4 Certificates of Ownership, but over time the debtor did not make payments due to the debtor's death. Therefore, the Bank gave a warning to the heirs to continue paying the debtor's property, but they did not respond well. This writing aims to find out and explain credit settlements at banks due to the death of debtors. This paper uses a research method that is normative, namely research that is focused on providing a systematic explanation that regulates a particular category. The approach to the problem is the statute opproach and the conceptual approach and case approach. The collection of legal materials through primary legal materials is then linked to secondary legal materials. Management and analysis of legal materials is described qualitatively with the aim of describing the findings in the field. The results obtained form this writing are. Credit settlement at banks due to the death of the debtor is though consumer complaints or alternative Indonesia banking dispute resolution institutions. If the two options clearly fail to reconcile creditor dan debotrs, the dispute will be resolved through a simple lawsuit mechanism as a las resor or through litigation.

Perlindungan Hukum Bagi Konsumen Terhadap Peredaran Obat Kuat Secara Ilegal Melalui Media Online Puspitasari, Intan; Haliwela, Nancy Silvana; Latupeirissa, Julianus Edwin
PATTIMURA Law Study Review Vol 2 No 1 (2024): April 2024 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v2i1.13772

ABSTRACT: Buying and selling activities through online media are widespread in Indonesia, resulting in the emergence of various negative impacts that can endanger consumer safety due to the circulation of illegal strong drug products, for this reason it is necessary to enforce the law and form legal accountability from business actors towards consumers due to the online distribution of strong drugs illegally via online media. This research aims to determine and explain law enforcement and forms of legal responsibility from business actors towards consumers as a result of the illegal distribution of strong drugs through online media. The type of research used in this writing is normative legal research. By using a statutory approach and a conceptual approach, the legal materials used are primary and secondary, collecting legal materials using library research, namely collecting relevant legal materials to obtain valid and accurate data, from all legal materials obtained, compiled systematically and then processed and analyzed in a normative juridical manner, namely describing the problems related to this research. The results of this research conclude that law enforcement through BPOM is intended to protect the rights of consumers who are harmed by consuming illegal strong drugs distributed through online media, from actions carried out by business actors, legal responsibility that can be sought from business actors is through administrative sanctions in accordance with regulations. in force, however administrative sanctions do not provide a deterrent effect for business actors. For this reason, regulations regarding the distribution of strong drugs through online media must be upgraded to law, so that criminal sanctions can be provided as a deterrent to business actors. BPOM also needs to collaborate with the National Cyber Agency and Kominfo to make it easier to reach and block accounts selling illegal drugs, and the public needs to be educated about illegal drugs in online media, so that people have knowledge of the consequences of consuming drugs that endanger health and safety.

Kedudukan Hak Cipta Sebagai Jaminan Hutang Pada Perjanjian Kredit Bank Prayogi, Muhammad Rizki; Haliwela, Nancy Silvana; Pariela, Marselo Valentino Geovani
PATTIMURA Law Study Review Vol 2 No 1 (2024): April 2024 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v2i1.13782

ABSTRACT: Regulation of the Government Number 24 Year 2022 on Creative Economy, Article 7 in this regulation states that in the implementation of intellectual property-based financing schemes, financial institutions, whether banks or non-bank financial institutions, are allowed to use intellectual property as collateral for loans. In its implementation, there are still various challenges and obstacles faced, including the difficulty of determining the value of copyright, the lack of clear concepts related to feasibility, and the absence of execution rules from the Bank Indonesia (BI), Financial Services Authority (OJK), and Banking related to intellectual property assets as loan collateral. The method of research used is legal normative, which examines legal materials such as legislation, legal theory, and scholars' opinions to solve the problem being studied. The purpose is to find out and explain the position of copyright as collateral in bank credit agreements and the legal strength of copyright as collateral in bank credit agreements. The results of this research indicate that the position of copyright as collateral in bank credit agreements has been regulated in the Copyright Law and the Government Regulation on Creative Economy. However, its implementation is still hindered due to the lack of policies from Bank Indonesia (BI) and the Financial Services Authority (OJK).

Pembatalan Merek PT. Sumatra Tobacco Trading Company Akibat Persamaan Pada Pokoknya Dengan Merek Dagang Starbuck Corporation Matakena, Anjelin Jei; Haliwela, Nancy Silvana; Pariela, Marselo Valentino Geovani
PATTIMURA Law Study Review Vol 2 No 2 (2024): Agustus 2024 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v2i2.16059

In the world of trade, related to a brand used on a product, as regulated in Act Number 20 of 2016, concerning Brand and Geographical Indications. Brands are a form of intellectual work that play an important role in the effectiveness and improvement of trade in goods and services. Brands are also a differentiating factor, with each good and service having their own personalized apperance, so that consumers can easily recognize a good or service. However, legal regulations in the field of brands and geographical indications do not fully support the registration of trademarks in Indonesia, which caused similarities between brands. This can be seen in the brand cancellation issue between Starbucks Corporation and PT Sumatra Tobacco Company (STTC) which was caused by trademark similarities. The legal research method used for this research is based on primary, secondary and tertiary legal materials, and uses a statutory approach and a conceptual approach. The results of the research show that the brand registration between Starbucks Corporation and PT.Sumatra Tobacco Company (STTC) experienced trademark similarities, which essentially resulted in a brand cancellation. The legal consequences of a brand cancellation that occur consists of PT. Sumatra Tobacco Company (STTC) to no longer use the "STARBUCKS" trademark and that the Starbucks company is the full rights-holder for the "STARBUCKS" trademark. As a result of the large number of cases of brand cancellations that have occurred, the government and the Director General of Intellectual Property Rights as the authority for brand registration needs to give more attention in terms of supervising and accepting trademark registration. Likewise, the companies has to be educated regarding registering their brands and its trademarks.

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