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Perlindungan Hukum Bagi Pengguna Jasa Internet Terhadap Kerahasiaan Data Pribadi Anakotta, Fredrik; Haliwela, Nancy Silvana; Pariela, Marselo Valentino Geovani
PATTIMURA Legal Journal Vol 3 No 3 (2024): Desember 2024 PATTIMURA Legal Journal
Publisher : Postgraduate Program Doctoral in Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pela.v3i3.17348

Introduction: In the current era of globalization, the internet plays a very important role in human life. In addition to playing an important role, there are also adverse impacts that harm internet service users such as personal data leaks. The confidentiality of personal data was leaked in 2022, including indihome customer data, as many as 26 million customer data were traded on BreachForms by Bjorka. The data is in the form of keyword search history, user info such as email, name, to Population Identification Number. Purposes of the Research: A form of legal protection for the public regarding the security of personal data and consumer rights that are not fulfilled. Methods of the Research: The research method used is normative juridical, namely by examining various laws and regulations and other literature related to the research. Results Originality of the Research: The results of this study show that the form of legal protection for internet service users against the confidentiality of personal data consists of three forms, namely the form of supervision of personal data, the existence of the principle of personal data security protection, where internet service providers are obliged to maintain the security of internet service user data, the existence of personal data security from unauthorized parties, for which the Government, Internet Service Providers, Law enforcement officials are obliged to supervise and secure all forms of internet networks, for example by deleting or locking personal data if it has been used by the user, as well as strengthening legal arrangements related to the misuse of personal data confidentiality. Quickly handle various cases of abuse of the confidentiality of personal data of internet network users so that it has a deterrent effect.

Community Assistance on the Responsibilities of Oil and Gas Mining Business License Holders for the Bati Tribe Community Haliwela, Nancy Silvana; Lakburlawal, Mahrita Aprilya
AIWADTHU: Jurnal Pengabdian Hukum Volume 5 Nomor 1, Maret 2025
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/aiwadthu.v5i1.2479

Introduction: Lack of understanding of the community's rights around the mining area and lack of understanding of the permit and approval procedures from the indigenous peoples before the operation of the oil and gas mining company. This is the basis for the consideration of the Civil Law section of the Faculty of Law, Pattimura University to carry out community service activities as a form of implementing the Tri Dharma of higher education.Purposes of The Devotion: Providing legal knowledge related to the procedures for mining business license holders who carry out their business activities in the mining area. Method of The Devotion: The method used is the legal counseling method in the Bati Tribe, Kian Darat District, Eastern Seram Regency.Results Main Findings of the Devotion: Activities of PT. Balam Energy Limited and PT. Bureau Geophysical Processing without going through a process of requesting approval from the Bati Tribe community, which has an area that will be used for oil and gas mining management activities. This is contrary to Article 33 paragraph (3) of Law Number 22 of 2001 concerning Oil and Gas (Oil and Gas Law). And it has implications for the use of land owned by indigenous peoples related to land that is considered to have sacred value, settlements, public facilities and infrastructure, nature reserves, cultural heritage and land belonging to customary law communities.

Akibat Hukum Wanprestasi Debitur Dalam Transaksi Elektronik Melalui Fitur Paylater Pada Aplikasi Shopee Sahuleka, Chrysilla Angelica; Haliwela, Nancy Silvana; Pariela, Marselo Valentino Giovani
PATTIMURA Law Study Review Vol 3 No 1 (2025): April 2025 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v3i1.19720

The life of society in meeting daily needs has undergone changes due to advancements in technology and science. To realize this development, it is regulated based on Law Number 1 of 2024 concerning the Second Amendment to Law Number 11 of 2008 on Electronic Information and Transactions as well as Articles 1313, 1320, 1338, 1243 of the Civil Code as a legal umbrella for the dynamics of society in conducting transactions and economic activities. One of the developments in community life, particularly in trade to meet economic needs, is the introduction of the PayLater feature on the Shopee application. This application facilitates users in making online purchases. In its use, this feature certainly has terms and conditions that bind every consumer credit user. One of the users of consumer credit is an actor with the initial 'G' who engaged in the purchasing process through the PayLater feature. This actor purchased an item at a higher price, making it impossible for them to pay the bill after the due date. This issue has caused the PayLater facility users to default by not following the procedures set forth by Shopee PayLater. This action has resulted in losses that can be claimed by Shopee PayLater. The type of research used is normative legal research, which is conducted by examining the principles and concepts of law, as well as statutory regulations. The problem approach used is the legislative approach and the conceptual approach. The sources of legal materials are primary, secondary, and tertiary. The procedure for collecting legal materials used is library data. The procedures for processing and analyzing legal materials used are primary, secondary, and tertiary legal materials, which are analyzed in this research. The results of this study indicate that the legal consequences of defaulting actions taken by the debtor result in liability, specifically the debtor's accountability based on fault to the creditor to compensate for the losses suffered by Shopee PayLater. In resolving default cases between the debtor and Shopee PayLater, the resolution can be done through both non-litigation and litigation. Non-litigation will provide convenience for the debtor as it offers cost efficiency compared to litigation.

Liability of Debtors for Default on Credit Agreements In Savings and Loan Cooperatives Noya, Jelien Bridelia; Tjoanda, Merry; Haliwela, Nancy Silvana; Lenggono, Roy Prabowo
TATOHI: Jurnal Ilmu Hukum Volume 5 Issue 2, April 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v5i2.2968

Introduction: Cooperatives are one of the people's choices to develop their business by lending business capital, in the implementation of credit in savings and loan cooperatives, there are often problems such as late payments (bad loans) to defaults that cause losses for the cooperative, where savings and loan cooperatives have provided benefits to the community according to the purpose of the cooperative.Purposes of the Research: To analyze and review the Debtor's Responsibility for the Default of Credit Agreement in the Savings and Loan Cooperative.Methods of the Research: The research method used is normative juridical with the approach used in this study is a conceptual approach, to answer existing problems, the author collects legal materials through literature studies and analysis with descriptive analysis methods.Findings of the Research: The results of this study show that the implementation of credit in savings and loan cooperatives that occur in the community has not gone well, because there are often verbal credit agreements that cause problems. If the debtor does not resolve the default can be attributed as a default, and the default can be accounted for in court. So that the credit agreement in the savings cooperative must be in writing so that it can be strong evidence and not be a problem, so that the government is obliged to carry out supervision on cooperatives, especially for collection officers who directly go down to the community.

Kekuatan Hukum Covernote Notaris Dalam Proses Takeover Perjanjian Kredit Sean, Cedric; Uktolseja, Novyta; Haliwela, Nancy Silvana
KANJOLI Business Law Review Vol 1 No 2 (2023): Desember 2023 KANJOLI Business Law Review
Publisher : Pusat Kajian Hukum Bisnis Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/kanjoli.v1i2.12082

with the debtor or something related to the Notary's Duties and Authorities in accordance with Law Number 30 of 2004. One form of Notary authority over the Credit agreement is by issuing a Covernote. In fact, Covernote is not regulated in the Law, so it is necessary to review the legal force of Covernote. Notary in Credit process at Banks and how the legal consequences of Notary Covernote on Debtors and Creditors. To know and explain, related to the form of Notary Covernote Legal Power in the Credit Agreement Takeover Process. Normative juridical methods, which will certainly be studied more deeply based on positive legal provisions, as well as legal principles. as well as using primary, secondary and tertiary legal materials. From the results of the study, it is known that Notary Covernote in terms of credit disbursement by the Bank to its customers serves only as a bank handle. Covernote as a notary legal product has no legal effect, because Covernote is not an authentic deed or a separate deed, but only an ordinary letter explaining the ability or notary information to complete the unfinished process. Notary negligence in fulfilling what is stated in the Covernote will cause losses / legal consequences for the bank as a creditor where the guarantee engagement can be considered a failure, while the credit agreement is still ongoing, and on the debtor side it will incur new costs if re-engagement must be made, and also the notary can be criminally prosecuted, if it turns out that in making the Covernote there is an element of notary negligence on the validity and correctness of the document. So to avoid this, a legal umbrella / law is needed that regulates the use / issuance of Covernote to protect the interests of banks, debtors and limited against notaries.

Perbuatan Melawan Hukum Atas Penggunaan Aplikasi Micha Gurium, Abdul Haji; Tjoanda, Merry; Haliwela, Nancy Silvana
KANJOLI Business Law Review Vol 2 No 2 (2024): Desember 2024 KANJOLI Business Law Review
Publisher : Pusat Kajian Hukum Bisnis Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/kanjoli.v2i2.13001

The development of builders is increasing, especially in the field of information and communication technology that is growing rapidly, so that work or human needs are getting easier, with advances in technology in the form of applications that exist today. Many activities or needs can be met, such as being used to order meals through the application. However, developments in the field of technology have resulted in a michat application that is used as immoral acts which are against the law. as in Article 1365 of the Civil Code. The use of the michat application is currently used as a means of communication, but is often used to commit immoral acts. as a form of unlawful act. As a result, sanctions will be imposed. The research method that uses is normative juridical, by examining various laws and regulations and other literature related to research. The purpose is to find out and explain how the form of unlawful acts and sanctions for unlawful acts with michat application users. The results of this study show that the use of the michat application is a form of unlawful acts, moral norms and religious norms (Islam) because it is used for immoral acts and the use of the michat application is sanctioned in accordance with the law in order to get a deterrent effect for its actions and will not do similar actions. The use of the michat application is a form of unlawful action and gets sanctions according to the law. So it is necessary to give an understanding to michat application users, and there must also be government supervision of michat application users.

Pelaksanaan Lelang Eksekusi Atas Hak Tanggungan Akibat Kredit Macet Pada Bank Melay, Adrin Stevani; Laturette, Adonia Ivonne; Haliwela, Nancy Silvana
PATTIMURA Law Study Review Vol 3 No 2 (2025): Agustus 2025 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v3i2.23085

The implementation of the execution auction of mortgage rights due to bad debts at the bank which is carried out in accordance with Article 6 Number 4 of Law 1996 concerning Mortgage Rights involves complex legal procedures in the context of credit agreements. In this context, the credit given to CV. Dumai Putra Riau experienced problems due to bad debts, which led to the collateral auction process. The auction process carried out on March 19, 2015 showed that the collateral sale value was insufficient to cover all of the debtor's debts, leaving a remaining debt of IDR. 29,000,000.00. This happened because of the poor physical condition of the collateral, including damage to the building and a non-strategic location. From a legal perspective, this case reflects the responsibility that arises due to negligence, as regulated in Article 1366 of the Civil Code. The type of legal research used is normative juridical, which is carried out by examining legal principles and concepts, as well as laws and regulations. The legal research method used refers to primary, secondary, tertiary legal materials, with a statutory approach and a conceptual approach as well as the collection and analysis of legal materials. The purpose of this research is to find out the implementation of the auction of the execution of mortgage rights and the debtor's responsibility due to bad credit at the bank. The results of the study indicate that transparent law enforcement and a deep understanding of rights and obligations are the keys to avoiding legal disputes in the banking world and debtors remain legally obliged to settle the remaining debts that have not been covered by the auction results. In line with responsibility based on errors, even though the collateral has been auctioned, the debtor remains legally obliged to settle the remaining debts that have not been covered by the auction results. Related to the results of the execution of mortgage rights that are not sufficient in paying off debts, the bank or creditor can execute other assets belonging to the debtor. This is of course related to Article 1131 of the Civil Code, but in executing other assets outside the collateral in terms of debt repayment, a lawsuit should be filed first in terms of fulfilling the repayment of the remaining receivables that have not been paid in court.

Tanggung Jawab Bank Terhadap Hilangnya Dana Nasabah Penyimpan Umarella, Fathin Luqyana; Tjoanda, Merry; Haliwela, Nancy Silvana
PATTIMURA Law Study Review Vol 3 No 2 (2025): Agustus 2025 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v3i2.23201

The form of a bank's obligations to its customers must be linked to the issue of legal protection of the bank, so the form of the bank's responsibility cannot be separated from the provisions of laws and regulations. If a customer loses money or savings, the bank is required to provide compensation to the customer who lost their money. The type of research used is normative juridical, conducted by studying legal principles, concepts, and regulations. The research method used refers to primary, secondary, and tertiary legal materials with a legislative approach and a conceptual approach, as well as using library research. The analysis of regulatory materials is conducted from the perspective of the applicable provisions. The results of this study indicate that legal protection for customers' deposit funds in banks as consumers can be viewed in Law Number 8 of 1999 concerning Consumer Protection, which stipulates the obligation of banks to comply with the procedures for creating standard clauses, as outlined in PBI Number: 7/6/PBI/2005 concerning Transparency of Banking Products and the Financial Services Authority Regulation Number: 1/POJK.07/2013 concerning Consumer Protection in the Financial Services Sector. The responsibility of conducting business activities between banks and customers creates two sides of responsibility, namely the obligations of the bank itself and the obligations to the customers who deposit funds as a result of the legal relationship. The relationship between customers and banks involves the bank's obligation to handle customer complaints, including resolving them within the established timeframe. The responsibility of each party to maintain the confidentiality of the bank must be carefully observed so that both parties can avoid potential issues that may arise between the bank and its customers.

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