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All Journal JURNAL PEMBANGUNAN HUKUM INDONESIA TATOHI: Jurnal Ilmu Hukum AIWADTHU: Jurnal Pengabdian Hukum PATTIMURA Legal Journal PATTIMURA Law Study Review KANJOLI Business Law Review
Haliwela, Nancy Silvana
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Law, Crime, Criminology & Criminal Justice

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Journal : PATTIMURA Law Study Review

 1 
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

Abstract

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.
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

Abstract

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

Abstract

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.
Penggunaan Karya Cipta Lukisan Joan Mitchell Pada Katalog Louis Vuitton Sebagai Bentuk Pelanggaran Hak Moral Lestari, Tika Indah; Haliwela, Nancy Silvana; Balik, Agustina
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.v3i2.14344

Abstract

Currently, there are still many copyright violations, one of which is the violation of copyright for works of art. Even globally, there are still copyright violations, as experienced by a well-known painter in the field of American art and graphics whose injury was used as a backdrop for the catalog of one of the well-known brands, namely Louis Vuitton. The painting was used without permission from the copyright holder. Not only that, Louis Vuitton also did not mention the name of the creator when using Joan Mitchell paintings. According to the law in force in Indonesia, painting is a branch of fine art whose existence is protected as stated in Article 40 Paragraph (1) letter f of the law number 28 of 2014 concerning copyright.
Co-Authors Anakotta, Fredrik Balik, Agustina Gurium, Abdul Haji Laturette, Adonia Ivonne Lenggono, Roy Prabowo Lestari, Tika Indah Mahrita Aprilya Lakburlawal, Mahrita Aprilya Masum, Ahmad Melay, Adrin Stevani Noya, Jelien Bridelia Pariela, Marselo Valentino Geovani Pariela, Marselo Valentino Giovani Sahuleka, Chrysilla Angelica Sean, Cedric Sunarno Sunarno Tjoanda, Merry Uktolseja, Novyta Umarella, Fathin Luqyana