Articles
Membangun Kesadaran Hukum Untuk Melawan Intoleransi Berdampak Bullying
Sinaga, Roulinta Yesvery;
Kuahaty, Sarah Selfina;
Dyastuti, Risqi Mumpuni
AIWADTHU: Jurnal Pengabdian Hukum Volume 4 Nomor 2, Juli 2024
Publisher : Faculty of Law Pattimura University
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DOI: 10.47268/aiwadthu.v4i2.2287
Introduction: Legal awareness among teenagers remains low, causing a lack of understanding about the legal consequences of bullying. Bullying often stems from intolerance towards cultural, religious, and gender differences, which can lead to physical and verbal violence in educational settings. Therefore, legal socialization is necessary to prevent intolerance from resulting in bullying and to improve the quality of education.Purposes of Devotion: This community service aims to enhance legal awareness and tolerance among students at SMP Negeri 7 Ambon to prevent bullying and create a safe and inclusive school environment. Method of Devotion: The legal socialization activity at SMP Negeri 7 Ambon involves lectures by the presenter, interspersed with interactive games to increase student engagement. After the presentation, a Q&A session is held, concluding with the writing and recitation of personal commitments to reject bullying and prioritize tolerance in daily life.Results of the Devotion: The activity led to an increased understanding among students about intolerance and bullying and their impacts. Students learned about the differences between intolerance and bullying and the importance of legal awareness. Through lectures, interactive games, Q&A, and personal commitments, students gained a better understanding of how to avoid intolerance and bullying and how to report such cases. This education reinforced tolerance and provided guidance on legal protection and preventive measures.
The Urgency of Village Fund Management Planning
Kuahaty, Sarah Selfinah;
Pesulima, Theresia Louize;
Sinaga, Roulinta Yesvery
Batulis Civil Law Review Vol 4, No 2 (2023): VOLUME 4 ISSUE 2, NOVEMBER 2023
Publisher : Faculty of Law, Universitas Pattimura
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DOI: 10.47268/ballrev.v4i2.1836
Introduction: The development of Indonesia is an ongoing program established by the government, which is not solely focused on urban development but is currently prioritized starting from rural areas. Purposes of the Research: To achieve this goal, the government has allocated state finances in the form of village funds. One form of village fund management is village expenditure, the implementation of which must comply with the Minister of Finance Regulation Number 201/PMK.07/2022 concerning Village Fund Management.Methods of the Research: This paper was produced by conducting research using normative legal research methods.Results of the Research: The West Seram Regency government recently inaugurated village heads within its jurisdiction since 2022, in several waves, following earlier controversies regarding the determination of village and traditional villages' status. During this period, many villages were led by officials acting as village heads (caretakers), including Sanahu village, the location of this research, whose village head will only be appointed at the end of 2022. Village development planning is the initial step in village fund management, formulated in the Musrembangdes, which consists of the Village Consultative Body (BPD) and community representatives to prepare the Village Medium-Term Development Plan (RPJM Desa) and the Village Annual Work Plan (RKP) for the year 2022, which will be realized in 2023. During the implementation of the work programs, it was observed that some programs could not be carried out because they did not align with the village head's vision and mission, as they were merely copied from other villages' programs. This, of course, significantly affects the absorption of village funds.
Perlindungan Hukum Atas Display Produk Mendekati Kedaluwarsa di Tempat Diskon
Sinaga, Roulinta Yesvery;
Sihite, Sri Rumada
PAMALI: Pattimura Magister Law Review Vol 4, No 1 (2024): MARET
Publisher : Postgraduate Program in Law, Pattimura University
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DOI: 10.47268/pamali.v4i1.2081
Introduction: Displaying near-expiration products at discount stores is a common practice. While this practice is not explicitly prohibited by law, it needs to be considered in terms of health and consumer rights.Purposes of the Research: To examine the impacts and implications of displaying products nearing expiration at discount stores and to assess the legal protection and responsibility regarding such product displays.Methods of the Research: The research method used is normative juridical with legal, conceptual, and case approaches.Results of the Research: The practice of displaying near-expiration products at discount stores can have negative impacts on consumers and businesses. Legal protection for this practice consists of preventive measures through collaboration between relevant parties, periodic checks, discount product labeling, consumer awareness, and supervision by relevant institutions. Responsive legal protection can be pursued through litigation or non-litigation routes. The responsibility of businesses for this practice should be carefully reviewed, as they may become involved in legal conflicts and cause both material and immaterial losses to consumers. Fault-based liability should ideally be applied, but consumers need to make efforts and critically gather evidence, outline losses, and describe the causality of negative effects from purchasing display products.
Membongkar Privasi: Pengungkapan Gugatan Perceraian di Media Sosial
Sinaga, Roulinta Yesvery
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
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DOI: 10.30598/lutur.v5i1.13315
The disclosure of divorce petition reasons on social media is often presented in written form. Divorce issues can become headlines in mass media, characterized by subjective perspectives from informants or sources explaining the reasons for the divorce. The viral divorce issue of Ria Ricis and Teuku Ryan on the Instagram account "lambe turah" became public consumption. The divorce petition reasons, including issues of marital intimacy, family involvement, and poor communication, sparked netizen discussions and negative comments. This study employs a normative juridical method to examine the disclosure of divorce petition reasons on social media through a case approach. It explores the application of legal norms in legal materials that are analyzed in depth. The study results indicate that the divorce petition process in court has strict rules, including the principle of closed sessions to protect the privacy of the parties involved. However, disclosing divorce petition reasons on social media can violate privacy, defame, and negatively impact children's well-being. Although there is no explicit prohibition, such disclosure can be legally accountable. Therefore, it is crucial to maintain confidentiality and adhere to applicable regulations when handling divorce cases.
Kekuataan Hukum Perjanjian Lisan Antara Agen Kelapa Sawit Dengan Petani
Sihite, Sri Rumada;
Sinaga, Roulinta Yesvery
PATTIMURA Legal Journal Vol 3 No 1 (2024): April 2024 PATTIMURA Legal Journal
Publisher : Postgraduate Program Doctoral in Law, Universitas Pattimura
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DOI: 10.47268/pela.v3i1.13047
Introduction: Oral agreements that occur between oil palm farmers and oil palm agents where the agreement is buying and selling oil palm orally. However, there is a problem where the palm oil agent turns out to be in default. This writing is to examine the oral agreement between oil palm agents and oil palm farmers in Teluk Dalam Village. Purposes of the Research: The purpose of this research is to know the legal force of oral agreements between oil palm agents and oil palm farmers in the village of Teluk Pulai. Methods of the Research: The research method is normative juridical with the type of library research and field data. Results Originality of the Research: The results of the oral agreement on the sale of oil palm between the oil palm agent and the oil palm grower which of course this is considered valid due to the fulfillment of the elements and conditions that have been determined. The agreement made must be serious, in good faith and know the provisions of the object, price and capacity between the parties, it is necessary for the parties to comply with these provisions to ensure the validity and enforceability of the sale and purchase agreement in the context of civil law in Indonesia.
Acceleration of Land Rights Certification Through Settlement of Land Tax Obligations
Sinaga, Roulinta Yesvery;
Kuahaty, Sarah Selfina;
Sihite, Sri Rumada;
Dyastuti, Risqi Mumpuni
Batulis Civil Law Review Vol 6, No 1 (2025): VOLUME 6 ISSUE 1, MARCH 2025
Publisher : Faculty of Law, Universitas Pattimura
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DOI: 10.47268/ballrev.v6i1.2381
Introduction: The Complete Systematic Land Registration Program (SLRP) is a government effort to evenly accelerate the provision of land certificates to the Community. Although the certificate is given free of charge, participants are still obliged to pay Income Tax and Land and Building Acquisition fees (BAT). For participants who cannot pay, a mechanism is provided in the form of a tax debt statement. The challenges include minimal socialization, weak institutional coordination, and administrative obstacles. Therefore, there is a need to simplify procedures and more effective tax education.Purposes of the Research: This study aims to examine the problem of what obstacles are faced by the parties responsible for the settlement of income tax and for land rights applicants, namely building acquisition tax (BAT) in the complete systematic land registration program (SLRP), and analyze how to optimize the settlement of Income Tax and BAT to utilize the land certificates made optimally.Methods of the Research: The research method is an empirical legal method with a qualitative legal approach.Results Main Findings of the Research: The results of this study found obstacles in SLRP, namely the absence of clear and consistent regulations regarding the payment of Income Tax and BAT in the Central Maluku region, the need for increased communication between the Central Maluku Regency Land Office and the Central Maluku Regency Government, and the improvement of apparent socialization regarding Taxes to the Community. Meanwhile, several stages can be carried out to optimize land certificates regarding settlements related to income tax and BAT taxes. Namely, the initial step is to form a team to conduct data collection on applicants for rights that are still owed and to conduct socialization and coordination with other agencies, such as the authorities in collecting Income Tax and BAT taxes owed, to make efforts to jointly seek solutions in optimizing the complete systematic land registration program (SLRP).
The Urgency of Civil Liability Regulation on Distribution Brain Rot Content
Sinaga, Roulinta Yesvery
TATOHI: Jurnal Ilmu Hukum Volume 5 Issue 3, May 2025
Publisher : Faculty of Law, Universitas Pattimura
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DOI: 10.47268/tatohi.v5i3.3163
Introduction: Brain rot content is a type of digital content that is absurd, addictive, and has minimal value educative is more rampant on social media platforms. Although no, in a way, directly violates the law, the distribution of Content can cause loss psychological and social, especially for groups like children and adolescents. Positive Indonesian law does not have norms that explicitly arrange or limit the distribution content kind of Content. Purposes of the Research: This research aims to study arrangements not quite enough to answer civil to distribute brain rot content, with the use of a legal approach lawMethods of the Research: This research is a type of normative legal research conducted to examine the urgency of regulating civil liability for the dissemination of brain rot content from a progressive legal perspective. In examining the issue, several approaches are used, namely the statutory approach and the philosophical approachFindings of the Research: With interpreting return draft action to oppose the law in Article 1365 of the Civil Code in a substantive way, the author proposes that digital platform providers and maker content can request not quite enough answer civil if proven negligent control distribution content that is systemic harms the community. Approach law progressive used for open room Updates more laws adaptive to development technology and dynamics social. So, the need for the formation of new norms in law digital civil capable reach forms non-material losses due to excess contemporary digital culture.
Dualisme Makna Akta Pengakuan Hutang
Sinaga, Roulinta Yesvery
PATTIMURA Legal Journal Vol 1 No 3 (2022): Desember 2022 PATTIMURA Legal Journal
Publisher : Postgraduate Program Doctoral in Law, Universitas Pattimura
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DOI: 10.47268/pela.v1i3.7506
Introduction: Deed of debt recognition as an authentic deed can be made in two forms, namely as a debt agreement or equivalent to a credit agreement and as an assessor agreement of a credit agreement deed that is grosse deed. Both types of debt acknowledgment deeds are still used in public life, the benefits and functions of each deed are different, because the position is different, the impact of the deed is also different. Purposes of the Research: The purpose of this research is to see the differences in the actualization of the deed of recognition of debt in practice and to examine the position of the deed of debt recognition and the contribution of each deed in the legal relationship of the parties. Methods of the Research: This research was conducted in a normative juridical manner, namely by examining the existing secondary data in the field of law as library data which is focused on examining the application of rules or norms in positive law so that the data used by the author is secondary data. Results Originality of the Research: The dualism of interpreting the meaning of debt recognition basically has the same hope, namely the existence of a legal relationship in debts and receivables, the position deed of debt recognition as an authentic deed has a formal function and the function of evidence, the strength of the debt recognition deed provides perfect evidentiary power. The position of debt recognition as a grosse deed should not be merely a scrap of paper because it requires a follow-up to the imposition of collateral through a separate deed of guarantee, then the debt recognition as an assessor agreement becomes an intermediary deed which seems futile. The dualism of the meaning of this deed of recognition of debt would not occur again and provide a harmonious understanding. if you really want to emphasize it, you should use the term 'debt agreement or credit agreement' which is domiciled as the main agreement, without a grosse deed followed by the binding of special guarantees, both individual and material guarantees for the interests and legal protection of the parties.
Kewenangan Notaris dalam Mewujudkan Kebahagiaan
Sinaga, Roulinta Yesvery
PATTIMURA Legal Journal Vol 2 No 1 (2023): April 2023 PATTIMURA Legal Journal
Publisher : Postgraduate Program Doctoral in Law, Universitas Pattimura
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DOI: 10.47268/pela.v2i1.8469
Introduction: Civil relations, especially engagement relations, are a major factor in the growth and development of society.The actual form of the resulting agreement is the choice of the parties, but for the purposes of evidentiary law, the form of the agreement in a notarial deed (written) has a stronger position. Purposes of the Research: The purpose of this study is to examine the authority of a notary in making authentic deeds and to review the existence of a notary's deed in providing happiness based on the agreement of the parties. Methods of the Research: This research was carried out in a normative juridical manner, using bibliographical data as secondary data to examine rules and norms in law. Results Originality of the Research: The authority of a notary in making agreements is a mandate. The freedom to contract the parties accompanied by the principle of good faith is then stated in a notarial deed that should give happiness to the contracting parties. The position of a notary as an intermediary must accommodate the needs of the parties, both from the pre-contract stage, and the contractual stage to the post-contract stage. The notarial deed is also a means of happiness and light for the contracting parties
Affidavit Sebagai Ratio Decidendi Putusan Onslag
Sinaga, Roulinta Yesvery
PATTIMURA Legal Journal Vol 2 No 3 (2023): Desember 2023 PATTIMURA Legal Journal
Publisher : Postgraduate Program Doctoral in Law, Universitas Pattimura
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DOI: 10.47268/pela.v2i3.10927
Introduction: The court concluded that the defendant had committed the acts alleged but that these did not constitute a criminal offense and were properly classified as a civil matter (onslag van recht vervolging) under Article 191(2) of the Indonesian Criminal Procedure Code. This ruling provoked profound dissatisfaction among KSP Indosurya depositors, who felt that their rights had not been adequately addressed within the criminal justice framework. Central to the court's legal reasoning was the submission of an Affidavit—a sworn declaration treated as a pivotal piece of evidence. Purposes of the Research: This study seeks to examine the existence and significance of the Affidavit as a foundational basis for the court's onslag decision. Methods of the Research: Utilizing a normative legal methodology, this research combines a case approach and statutory analysis and is conducted through a descriptive-analytical framework. Results Originality of the Research: An Affidavit, or a sworn statement verified, becomes evidence in court proceedings. The emergence of the Affidavit is a manifestation of good intentions from KSP Indosurya, thus becoming the ratio decidendi in the judgment. The judge, in deciding the KSP Indosurya case, undoubtedly considers the legal objectives of justice, legal certainty, and utility. The basis for consideration, due to the presence of the Affidavit, has undoubtedly achieved legal certainty; however, the element of utility still needs to be questioned. The role of the judge in rendering a decision should not be solely based on the existence of evidence but should also involve a conscience that contributes partially. The role of conscience should enable it to penetrate the reasons why parties bring criminal claims, thereby producing a clear result. The judge's decision should serve as a deterrent for cooperatives' mafia or potential mafia due to their malicious intent.