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Sosialisasi Tentang Penggunaan Media Sosial Dan Konsekuensinya Menurut Hukum Di Negeri Lesluru Kecamatan Teon Nila Serua Kabupaten Maluku Tengah Panjaitan, Wijaya Natalia; Labetubun, Muchtar Anshary Hamid; Saija, Ronald
AIWADTHU: Jurnal Pengabdian Hukum Volume 4 Nomor 1, Maret 2024
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/aiwadthu.v4i1.2000

Introduction: The utilization of Social Media by the society must be done wisely and be mindful of the legal consequences. Therefore, the society must understand how to use social media properly and keep within the legal rules regulated by the law.Purposes of Devotion: To provide understanding and knowledge to thesociety, especially in providing knowledge of the Importance of using social media wisely and knowing the legal consequences for social media users. Method of Devotion: The devotion method use disthemethod of socialization and facilitation of the Lesluru Village Community.Results of the Devotion: The ability to access information and entertainment offered on social media must be used wisely and understand the legal consequences that exist so that people as social media users can manageand utilize social media according to theirneeds and not violate the rules of applicable law.

Pertanggungjawaban Orang Tua Akibat Transaksi Pembelian Secara E-Commerce Yang Dilakukan Oleh Anak Dibawah Umur Panjaitan, Wijaya Natalia
Bacarita Law Journal Vol 4 No 2 (2024): April 2024 BACARITA Law Journal
Publisher : Programs Study Outside the Main Campus in Law Pattimura University ARU Islands Regency

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/bacarita.v4i2.12835

E-commerce purchase transactions by minors children are often carried out because of the facility of access to technology that is not supervised by parents or occurs due to the negligence of parents. The purpose of this research is to analyze how the responsibility of parents due to e-commerce purchase transactions made by minors. The research method used in this research is normative juridical by analyzing and reviewing legal sources based on literature such as applicable laws, law books and journal articles. The results of the research state that e-commerce purchase transactions made by minors are invalid because they violate the subjective conditions in Article 1320 of the Civil Code and all legal consequences caused are the parents' responsibility.

Problematika Hak Eksekutorial Jaminan Fidusia: Perspektif Kepentingan Debitur Panjaitan, Wijaya Natalia; Lenggono, Roy Prabowo
Bacarita Law Journal Vol 5 No 1 (2024): Agustus (2024) BACARITA Law Journal
Publisher : Programs Study Outside the Main Campus in Law Pattimura University ARU Islands Regency

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/bacarita.v5i1.14764

A common problem in the enforcement of fiduciary guarantees is the seizure of collateral that violates consumer rights. Creditors often seize collateral without taking into account consumer rights protected by law. This can lead to disputes between the creditor and the debtor. The purpose of this research is to analyze the problems of fiduciary enforcement rights from the perspective of debtors' interests. The research method used is Normative Juridical Research with the type of library research. Debtors must check the credit agreement more carefully, in particular the clause "voluntary execution of the agreement"; if the clause is absent, the execution cannot be carried out unilaterally without any legal remedy declaring the debtor in default.

The Principle of Good Faith In Transactional Agreements In The Community of West Seram Regency Akyuwen, Rory Jeff; Panjaitan, Wijaya Natalia; Nabila, Syadzwina Hindun
Batulis Civil Law Review Vol 4, No 2 (2023): VOLUME 4 ISSUE 2, NOVEMBER 2023
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/ballrev.v4i2.1842

Introduction: In the western Seram Regency, in some contracts made by the people of Wasia and Rumahkay villages, there is an imbalance in the implementation of contracts where contracts that occur most often are oral contracts in addition to written contracts, where each contract made often does not fulfill the elements of Article 1338 of the Civil Code which contains the principle of good faith.Purposes of the Research: to find out how The Principle Of Good Faith In Transactional Agreements In The Community Of West Seram Regency. Methods of the Research: This Study Case uses sociolegal research, which is a combination research method between doctrinal legal research methods and empirical legal research methods. Results of the Research: The consequences of the existence of the principle of bad faith in the agreement being canceled because it did not fulfill the subjective requirements in the agreement. The solution is the need for encouragement for the Village Government as a Transactional Agreement Deed Facilitator as a preventive measure to reduce the inequality of agreements. In addition, there is a need for a standardized agreement format provided by the village government to meet the transactional needs of the community.

Legal Consequences of Amendment And/Or Implementation of Homologation Outside Court Authorization Panjaitan, Wijaya Natalia; Nababan, Frandy Septior
Batulis Civil Law Review Vol 4, No 1 (2023): VOLUME 4 ISSUE 1, MAY 2023
Publisher : Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/ballrev.v4i1.1468

The composition of Homologation that has been approved is ratified and decided by the court. But the problem is when composition that have been agreed and have been validated are then changed for certain interests so that the contents are no longer the same that has been validated. The purpose of this study is to find out how the legal consequences of amendments and/or the implementation of homologation outside the court. This study case uses a normative juridical method by using a statutory, case approach, and conceptual approach. Homologation composition through Suspension of Obligation for Payment and Bankruptcy have been regulated, so when there is a change and/or implementation of a composition agreement passed by the court (Homologation) outside the court, it is invalid.

Abrogation “Privity of Contract” Due To One Sided Withdrawal of A Third Party As An Emergency Contact From Borgtocht Perspective Panjaitan, Wijaya Natalia
Batulis Civil Law Review Vol 5, No 1 (2024): VOLUME 5 ISSUE 1, MARCH 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/ballrev.v5i1.1998

Introduction: The inclusion of a third party's personal data as an emergency contact in an agreement is often done one-sidedly by the debtor, to the detriment of the third party who is often disturbed to find the debtor's whereabouts, even though the third party does’nt know and never agreed to have his personal data included as an emergency contact.Purposes of the Research: This research aims to find out the abrogation of the principle of privity of contract in the context of one-sided withdrawal of a third party as an emergency contact in the perspective of personal guarantee law (borgtocht).Methods of the Research: This research is using the normative juridical method. The approach is through legislation, which is the Civil Code and conceptual approaches.Results of the Research: The principle of privity of contract in the perspective of personal guarantee law (borgtocht) will be invalid and cannot be applied to emergency contact if the third party whose name is included is not asked for prior approval by the parties in the agreement.

Menguatkan Perjanjian Lisan dengan Asas Itikad Baik: Sebuah Kajian Hukum Panjaitan, Wijaya Natalia
PAMALI: Pattimura Magister Law Review Vol 4, No 2 (2024): JULI
Publisher : Postgraduate Program in Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v4i2.2263

Introduction: Verbal agreements are often a source of dispute due to the lack of written evidence that can be used as evidence. This is due to the absence of good faith from one of the parties who denies the existence of the agreement, making it difficult for the other party to prove that the legal act was agreed upon and then a dispute occurs between the two.Purposes of the Research: The purpose of this study is to examine the strengthening of verbal agreements with the principle of good faith.Methods of the Research: The research method used is Normative Juridical Research with the type of library research.Results of the Research: The implementation of the principle of good faith must be carried out both in written agreements and even in verbal agreements. Especially in verbal agreements, the main capital that binds is trust. So that if there is no good faith in making an agreement, it is tantamount to denying the trust that is the basis for an agreement.

Aspek Hukum Dan Penyelesaian Sengketa Perjanjian Arisan Online Melalui Media Sosial Di Negeri Rumahkay Kecamatan Amalatu Kabupaten Seram Bagian Barat Nabila, Syadzwina Hindun; Panjaitan, Wijaya Natalia; Labetubun, Muchtar Anshary Hamid
AIWADTHU: Jurnal Pengabdian Hukum Volume 4 Nomor 3, November 2024
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/aiwadthu.v4i3.2107

Introduction: Societies and online social media have evolved into new structures that play an important role in the lives of communities, nations, and nations. The new world structure that we're experiencing is developing very fast. A lot of people are not ready to face this new world. Special rules are also needed because online media makes it easier for humans. One of the new things is about the Arisan Agreement. Arisan is currently online. There are a number of gaps where online arisan participants can break the agreement. For example, they can leave the estate without paying a fine, pay a monthly fee after receiving the share, or tell others about the exit.Purposes of Devotion: To provide understanding and knowledge to the public especially in providing knowledge of legal aspects and dispute resolution of arisan agreements online through social media. Method of Devotion: The Service Method used is a method of counseling and mentoring the Rumahkay Community, especially in providing knowledge of legal aspects and resolving disputes over online arisan agreements through social media.Results of the Devotion: Arisan conducted online meets the legal requirements stipulated in Article 1320 of the Civil Code and is a form of legal agreement. The parties to the online arisan are valid in accordance with Article 1338 of the Civil Code after the agreement is valid. Where the online arisan agreement that has been agreed by the parties functions as a law. Where the agreed online arisan agreement applies like a law for the parties. So that if one of the pihal is negligent and cannot fulfill the achievement or perform his obligations, then the party can be said to have committed an act of default.

Implikasi Eksekusi Kurator Atas Aset Debitor Pailit Yang Berada Di Luar Batas Yuridiksi Indonesia Saija, Ronald; Nabila, Syadzwina Hindun; Panjaitan, Wijaya Natalia; Lenggono, Roy Prabowo
Balobe Law Journal Volume 4 Issue 2, October 2024
Publisher : Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/balobe.v4i2.2367

Introduction: The development of an increasingly advanced economic system seems to have opened up opportunities for cooperation that can be built by entrepreneurs both at home and abroad. The business world is also conducted not only within one's own country, but the business world is now developing to establish business relationships with other countries in the world (transnational). In this way, the assets owned by debtors or creditors are not in their own country but are in other countries. Business relationships carried out between debtors and creditors do not always run smoothly, if these business relationships fail, it will happen that both debtor and creditor assets are located in several countries and this also results in multiple jurisdictions.Purposes of the Research: This research aims to analyze the implications of the curator's execution of assets of bankrupt debtors outside the jurisdiction of Indonesia.Methods of the Research: This research uses a normative juridical method with a statutory approach and a conceptual approach, and legal materials are analyzed using a deductive method.Results of the Research: That Law No. 37 of 2004 concerning Bankruptcy and PKPU does not regulate the authority of curators in executing bankruptcy cases outside the jurisdiction of Indonesia, especially those that conflict with the jurisdiction of other countries, so it is necessary to revise the Bankruptcy Law regarding Cross-Border Bankruptcy, especially in terms of supporting ease of doing business.

Akibat Hukum Wanprestasi Atas Perjanjian Lisan Pinjam-Meminjam Oleh Pasangan Kekasih Yang Tidak Terikat Perkawinan Panjaitan, Wijaya Natalia
PATTIMURA Legal Journal Vol 3 No 1 (2024): April 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.v3i1.13063

Introduction: Verbal agreements to borrow stuff and/or money are often made by couples who are not bound by marriage in their daily relationship activities. The impact of this verbal agreement often causes legal problems, which is the breach of contract by one of the parties when the relationship between the couple does not continue to the level of marriage, causing material and immaterial losses to the other party. Purposes of the Research: The purpose of this research is to find out the legal consequences of a breach of the verbal agreement of lending and borrowing by a spouse who is not bound by marriage. Methods of the Research: The research method used is normative juridical research with the type of library research. Results Originality of the Research: The legal consequences of a breach of the verbal lending and borrowing agreement are material and immaterial losses so that a claim for compensation can be filed by filing a lawsuit for breach of contract with the Civil Court.

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