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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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Perlindungan Hukum Bagi Debitur Terhadap Kreditur Pada Perjanjian Kredit Di Koperasi Simpan Pinjam Sapardi, Gabriela; Haliwela, Nancy Silvana; Pariela, Marselo Valentino Geovani
LUTUR Law Journal Vol 5 No 2 (2024): November 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.v5i2.16171

Abstract

Law Number 17 of 2012 regulates cooperatives, one form of which is savings and loan cooperatives which aims to improve the welfare of members in particular and society in general, as well as being an inseparable part of a democratic and just national economic order, but in reality cooperatives savings and loans are very difficult for members or the community as debtors because the agreement is only made unilaterally, namely from the cooperative and there is no clarity regarding fines and interest if the debtor is late in paying, this makes the debtor feel very disadvantaged. This research method is a normative method that is descriptive. Which consists of research types, the problem approach used is a statutory approach and a conceptual approach, legal materials consisting of primary legal materials, secondary legal materials and tertiary legal materials, procedures for collecting legal materials, and finally processing and analysis of legal materials. The research results show that the implementation of credit in savings and loan cooperatives begins with entering into a credit agreement, the parties have rights and obligations that must be fulfilled. Debtors are obliged to pay installments, fines and interest, while creditors have an obligation to pay installments, provide explanations and understanding to debtors about the contents of the agreement, payment of installments, fines and interest. Legal protection for debtors in credit agreements, namely preventive legal protection and repressive legal protection. Preventive Legal Protection means that the debtor receives clear information regarding the rights and obligations contained in the contents of the credit agreement between the debtor and the cooperative, while Repressive Legal Protection is an effort to resolve problems when a dispute occurs. In this case, the debtor can submit complaints and complaints to the Financial Services Authority (OJK) if they feel disadvantaged. Therefore, cooperatives must be more selective in providing loans to debtors, so that the loans provided do not have problems because this can disrupt the cooperative's finances. And the cooperative must supervise the debtor in using the loan so that the loan can be returned to the cooperative in accordance with the agreement. The government, in this case, the OJK, must increase supervision of savings and loan cooperatives, the OJK must supervise the regulations made by the cooperative. The community must increase financial literacy by providing gradual socialization about the benefits and risks of using cooperatives.
Pertanggungjawaban Afiliator Atas Kerugian Customer Social Commerce Tahalea, Hensly Daniel; Haliwela, Nancy Silvana; Labetubun, Muchtar Anshary Hamid
TATOHI: Jurnal Ilmu Hukum Vol 4, No 10 (2024): Volume 4 Nomor 10, Desember 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i10.2791

Abstract

The development of the times has made the internet not only a tool for communication but also a place for those who want to do business online. In accordance with Article 15, Paragraph (1) of the ITE Law, there are specific regulations regarding the electronic system organization, so everything related to the internet world must be carried out in accordance with this article. The electronic system organization must be conducted based on the contents of Article 15, Paragraph (1) of the ITE Law to avoid unlawful acts, which are regulated in Article 1365 of the Civil Code. Social commerce is a new development where sellers and consumers are connected through online social media. Social commerce has now become the answer for those who want to earn extra income with a side job that does not take much time, known as an affiliate. An affiliate is someone who works by promoting goods from sellers or sales. Regarding affiliates, there is a case where an affiliate with the initials IN experienced steroid poisoning from a product that he had already promoted. The legal research method used is normative juridical, which is carried out by studying legal principles and concepts, as well as legislation. The legal research method used refers to primary, secondary, and tertiary legal materials, with legislative and conceptual approaches. The research results show that there is a working relationship between the affiliate and the seller. Regarding trading activities through social commerce, an affiliate has the primary responsibility to ensure that the information provided to customers in marketing the products sold is clear and that the product conditions comply with Law No. 8 of 2008. The goal is to avoid legal risks or losses for customers. The affiliate’s liability in terms of compensating for losses depends on the content of the agreement between the affiliate and the product owner. Based on the affiliate’s liability, this liability can be classified as fault-based liability. Legal protection can be carried out by applying relevant laws and regulations as a preventive measure to ensure safety and legal compliance
Akibat Hukum Terhadap Pendaftaran Merek Produk Barang Yang Memiliki Persamaan Pada Pokoknya Siolimbona, Sandra; Haliwela, Nancy Silvana; Labetubun, Muchtar Anshary Hamid
TATOHI: Jurnal Ilmu Hukum Vol 4, No 9 (2024): Volume 4 Nomor 9, November 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i9.2492

Abstract

Introduction: Trademarks or names are marks used by companies or businesses on the products they trade because Trademarks are used as identifiers. As stipulated in Law No. 20 Year 2016 on Trademarks and Geographical Indications in Article 1 paragraph (1). Trademarks also cannot be registered when they have elements of similarity in the trademark as stipulated in Article 20-21 of the Trademark and Geographical Indications Law. However, this is contrary to the incident in the chocolate product brands Chacha Delfi and Chacha Lokal, where Chacha Delfi tried to apply for registration at the Directorate General of IPR and KEMENKUMHAM but was rejected because the Chacha Delfi brand has an element of similarity in its principal to the Cha-Cha Lokal product brand, because we know that the Cha-Cha Lokal brand from PT. Mayora who registered the brand first.Purposes of the Research: To know and explain about the procedure of product registration Trademark Chacha Delfi and Cha-Cha Local, which has similarities in essence and know and, analyze the legal consequences of registration of trademarks that have similarities in essen.Methods of the Research: The legal research method used for this research is based on primary, secondary, and tertiary legal materials, and uses a statute approach and conceptual approach and case approach.Results of the Research: The results showed that the Chacha Delfi trademark registration procedure was rejected by the Directorate General of IPR and KEMENKUMHAM, because the trademark did not meet the registration procedures where the trademark has similarities to the pre-existing trademark, namely the local Cha-Cha trademark that has done the trademark registration first. because based on the Trademark Law and PERMENKUMHAM who register first then the trademark will be recognized ownership of the trademark. So that the legal consequences obtained by Chacha Delfi brand is rejected and dismissed to trade products Chacha Delfi brand and subject to sanctions under the Trademark Act and PERMENKUMHAM. Therefore, it is expected that the Directorate General of IPR and KEMENKUMHAM, in order to publish the trademarks that have been registered, so that businesses and other companies can see, so that there is no more Trademark Equation and does not lead to a Trademark Equation dispute.
Commitment of the Regional Government of East Seram Regency to Prepare the Draft of Regional Regulation Concerning CSR Lakburlawal, Mahrita Aprilya; Haliwela, Nancy Silvana; Pesulima, Theresia Louize
KRTHA BHAYANGKARA Vol. 18 No. 3 (2024): KRTHA BHAYANGKARA: DECEMBER 2024
Publisher : Fakultas Hukum Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/krtha.v18i3.3188

Abstract

This research analyzes the commitment of the East Seram Regency Government  preparing the Draft Regional Regulation (Ranperda) on Corporate Social Responsibility (CSR). This study is crucial considering the presence of companies in the region that have obligations to implement corporate social responsibility. Government supervision, through local government, will provide optimal impact for efforts to realize the improvement of community welfare, so it will not trigger disputes between communities and oil and gas mining companies in the region, due to neglected fulfillment of surrounding community rights resulting from oil and gas mining management. The research method used a qualitative approach with data collection techniques through interviews, observation, and documentation study. The results showed that the readiness of the East Seram Regency Government to prepare regional regulations for supervising oil and gas mining management activities in the region is marked by initiating meetings with various companies located in East Seram Regency and establishing the formulation of East Seram Regency Regional Regulation on CSR as a priority agenda to be proposed in the draft regional regulation this December with prioritized enactment in 2025.
The Essence of Legal Protection of Personal Data of Customers In Banking Transactions Haliwela, Nancy Silvana
SASI Volume 29 Issue 3, September 2023
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v29i3.1528

Abstract

Introduction: Banks as an institution are not only required to protect customer funds but are also obliged to maintain the confidentiality of customer personal data.Purposes of the Research: This paper aims to examine the regulations governing the protection of customers' personal data and to examine the supervision and law enforcement of the protection of banking customers' personal data.Methods of the Research: This research uses normative legal research methods with a statutory approach, conceptual approach, and case approach. The statutory approach relates to legislation on personal data protection and banking. The conceptual approach relates to the concepts of banking and personal data protection. The case approach relates to cases of supervision and law enforcement of violations or crimes of personal data of banking customers.Results of the Research: The results show that regulations governing customer data protection are contained in various laws and regulations related to personal data protection and banking and other technical regulations. In addition, the study results also show that supervision of the protection of personal data of banking customers has been carried out by three institutions that have supervisory authority, namely Bank Indonesia, the Financial Services Authority, and the Deposit Insurance Corporation. Law enforcement against violations and crimes against customers' personal data still faces challenges, because although there are many cases of crimes using customers' personal data, only a few can be enforced against crimes against customers' personal data.
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