Article Per Year (5 Year)
p-Index From 2021 - 2026
1.931
P-Index
This Author published in this journals
All Journal 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

Published : 13 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 13 Documents
Search

 1   2 
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.
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.
Perlindungan Hukum Bagi Debitur Terhadap Kreditur Pada Perjanjian Kredit Di Koperasi Simpan Pinjam Gabriela Sapardi; Nancy Silvana Haliwela; Marselo Valentino Geovani Pariela
LUTUR Law Journal Volume 5 Nomor 2 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.
Co-Authors Balik, Agustina Berlianty, Teng Gabriela Sapardi Holdrin Nahumury Intan Puspitasari Latupeirissa, Julianus Edwin Mahrita Aprilya Lakburlawal, Mahrita Aprilya Marselo Valentino Geovani Pariela Matakena, Anjelin Jei Merry Tjoanda Muchtar Anshary Hamid Labetubun Pariela, Marselo Valentino Geovani Prayogi, Muhammad Rizki Rizka Astri Husen Ronald Saija Saimima, Judy Marria Siolimbona, Sandra Stevi Josua Leimena Tahalea, Hensly Daniel Triska Demmatacco Yulianti, Wa Ode