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All Journal KRTHA BHAYANGKARA TATOHI: Jurnal Ilmu Hukum AIWADTHU: Jurnal Pengabdian Hukum LUTUR Law Journal PATTIMURA Law Study Review SASI
Nancy Silvana Haliwela
Fakultas Hukum Universitas Pattimura, Ambon, Indonesia
Law, Crime, Criminology & Criminal Justice

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Journal : PATTIMURA Law Study Review

 1 
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

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

Abstract

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.
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

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

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

Abstract

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.
Co-Authors Balik, Agustina Berlianty, Teng Holdrin Nahumury Intan Puspitasari Latupeirissa, Julianus Edwin Laturette, Adonia Ivonne Mahrita Aprilya Lakburlawal, Mahrita Aprilya Matakena, Anjelin Jei Merry Tjoanda Muchtar Anshary Hamid Labetubun Pariela, Marselo Valentino Geovani Pesulima, Theresia Louize Prayogi, Muhammad Rizki Rizka Astri Husen Ronald Saija Saimima, Judy Marria Sapardi, Gabriela Siolimbona, Sandra Stevi Josua Leimena Tahalea, Hensly Daniel Triska Demmatacco Waas, Ferdy Yulianti, Wa Ode