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Kekuatan Hukum Non Disclosure Agreement Dalam Mencegah Bocornya Confidential Information Perusahaan Nabila, Syadzwina Hindun
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.v4i2.12887

Non Disclosure Agreement is a confidentiality agreement whose participants are companies with their employees or with other people or other companies where the Non Disclosure Agreement becomes very important because it concerns the confidentiality of information from a company. With this Non Disclosure Agreement, it is anticipated that it will reduce the violation of confidential information of the company. This research uses a normative juridical approach method, with specifications that are descriptive analytical. The data used are secondary data obtained from literature studies.. The results of this study indicate that the Non Disclosure Agreement has legal validity because it provides legal protection to people who release confidential information to other parties. Non Disclosure Agreement is also a guarantee or as evidence to claim its rights if in the future there is a violation of the provisions outlined in the Non Disclosure Agreement.

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.

Penerapan Asas Itikad Baik Dalam Perjanjian Jasa Titip Beli Barang Online Nabila, Syadzwina Hindun
PAMALI: Pattimura Magister Law Review Vol. 4 No. 3 (2024): NOVEMBER
Publisher : Postgraduate Program in Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v4i3.2362

Introduction: With advancements in technology and social media, consumers can easily obtain the goods they desire. With this convenience, customers can more quickly obtain the products they desire, whether through e-commerce, websites, or directly online with the seller. Not only easily obtainable items that are widely sold in the market, but also hard-to-find items, such as rare products or those only available abroad. This phenomenon encourages entrepreneurs to become more creative and create new business opportunities. One of them is by making a consignment agreement to buy goods, where the consignment gives authority to someone to spend on the desired goods with an agreed amount of money.Purposes of the Research: The objective of this research is to examine the Application of the Principle of Good Faith in Online Shopping Service Agreements.Methods of the Research: This research is conducted normatively juridical, using library data as secondary data to examine the rules and norms in law.Results of the Research: The application of the principle of good faith is very important as the basis for the validity of an agreement because it is carried out with a balanced and proportional agreement between both parties, without favoring one party over the other. Since agreement is the determinant of the formation of a contract, there will be no contract between both parties if there is no agreement. Legal certainty is also very important to protect buyers who conduct online transactions through online escrow services and similar intermediaries. Because consumer rights are very important to uphold, and to raise business operators' awareness about the importance of consumer protection to foster honest and responsible business attitudes.

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, Universitas Pattimura

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.

Warehouse Receipt Guarantee Fund As Protection For Holders Or Recipients Of Warehouse Receipt Guarantee Rights Nabila, Syadzwina Hindun
TATOHI: Jurnal Ilmu Hukum Volume 4 Issue 12, February 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i12.2831

Introduction: The agricultural sector is the backbone of the Indonesian economy. However, farmers still face various challenges, including limited access to finance, fluctuating commodity prices, and the dominance of middlemen in the supply chain. These conditions hinder the improvement of farmers' productivity and welfare. The warehouse receipt system works by providing farmers with proof of ownership of their crops in the form of warehouse receipts that can be used as collateral to obtain loans from financial institutions, giving farmers flexibility in selling their crops. However, the warehouse receipt system still faces a number of challenges, including the risk of loss due to failure of the warehouse manager. To address this, the government has established the Warehouse Receipt Guarantee Corporation, which aims to protect farmers' rights and increase confidence in the system.Purposes of the Research: The purpose of this study is to examine how the warehouse receipt guarantee institution as a protection for warehouse receipt holders or recipients of collateral rights on warehouse receipts.Methods of the Research: This research is conducted in normative juridical, using literature data as secondary data to examine the rules and norms in law.Findings of the Research: The warehouse receipt guarantee institution provides protection and legal certainty to warehouse receipt holders and recipients of collateral rights from the failure of warehouse managers to carry out their duties which can result in physical damage to goods due to external factors such as natural disasters or internal factors such as negligence. This Warehouse Receipt Guarantee Agency will function as a guarantor like insurance if there are Warehouse Managers who experience bankruptcy. To protect the rights of warehouse receipt holders, Law Number 9 Year 2011 authorizes the Guarantee Institution to take action if the warehouse manager fails to perform his duties. The Guarantee Institution is authorized to make policies, handle problems, and even file for bankruptcy if necessary.

Education of Public Understanding of The Importance of Product Brand Registration of Ohoi-Owned Business Entity Partner Business Groups Labetubun, Muchtar Anshary Hamid; Angga, La Ode; Nabila, Syadzwina Hindun; Panjaitan, Wijaya Natalia
AIWADTHU: Jurnal Pengabdian Hukum Volume 5 Nomor 1, Maret 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/aiwadthu.v5i1.3055

Introduction: This study examines the effectiveness of educational programs on the importance of trademark registration for partner business groups of Ohoi-Owned Enterprises in Ohoi Rat, Kei Kecil Timur District, Southeast Maluku Regency.Purposes of The Devotion: This educational program aims to increase public understanding of intellectual property rights protection, especially in terms of product brand registration. Method of The Devotion: The methods used include counseling, focus group discussions, brand registration simulations, and individual consultations.Results Main Findings of the Devotion: The results of pre- and post-education surveys show a significant increase in public understanding of the benefits and procedures of brand registration. As many as 75% of respondents understand the importance of brand registration after the program, an increase of 60% from before. Several obstacles were identified, such as high registration fees and complex procedures. Policy recommendations include providing incentives, simplifying procedures, and improving access to information. This program is expected to contribute to the improvement of the village economy through Brand protection for Micro and Small Enterprises.

Agreement Between Communities: Tradition and Practice in Sawai Village, North Seram Sub-District, Central Maluku Nabila, Syadzwina Hindun; Agustina Balik; Wijaya Natalia Panjaitan
KRTHA BHAYANGKARA Vol. 19 No. 1 (2025): KRTHA BHAYANGKARA: APRIL 2025
Publisher : Fakultas Hukum Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/krtha.v19i1.3627

This research aims to examine and analyze the Solutions in Conflict Resolution over Agreements made by the Community of Sawai Village, North Seram District, Central Maluku Regency. Agreements are part of the relationships between citizens in their daily lives. The agreements used by the community of Sawai Village, Central Maluku Regency, often rely on verbal agreements and frequently depend on trust and individual reputation within the community, where verbal agreements are considered complete upon the delivery and acceptance of an item. The agreements made are often unwritten and based on social norms and traditions. Sawai Village, as the oldest village in Maluku, is surrounded by natural beauty rich in marine resources and forests, and has a strong social structure, where social norms and customs function as regulators of behavior and interactions among individuals. The use of verbal agreements also has the potential to harm both parties. One of them is the lack of verifiable evidence in case of a dispute. This ambiguity can lead to conflicts between parties, where each individual may have a different interpretation of the contents of the agreement. Without written documentation, the dispute resolution process becomes difficult and often relies on witness testimony, which can vary. The research method used is sociological legal research, which is a combination of doctrinal legal research methods and empirical legal research methods. The results of this research indicate that the spoken agreements made by the community in Sawai Village are a phenomenon that reflects strong social and cultural values, and serve as a practical transaction tool in daily life. Although its validity is recognized by law, the main challenge lies in proving and enforcing it when disputes arise.

Kekuatan Eksekutorial Sertifikat Jaminan Fidusia Pasca Putusan Mahkamah Konstitusi Nomor: 18/PUU-XVII/2019 Dan Putusan Mahkamah Konstitusi Nomor: 2/PUU-XIX/2021 Nabila, Syadzwina Hindun
PATTIMURA Legal Journal Vol 1 No 3 (2022): Desember 2022 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.v1i3.7513

Introduction: The Fiduciary Guarantee Certificate has the same executorial power as court decisions that have permanent legal force. Execution through a public auction of the object of Fiduciary Security without going through a court. Purposes of the Research: The Purpose Of This Study Is To Answer The Legal Review On The Executorial Power Of Fiduciary Certificates Post-Decision Of The Constitutional Court Number: 18/PUU-XVII/2019 And The Decision Of The Constitutional Court Number: 2/PUU-XIX/2021. Methods of the Research: This study uses a normative juridical method by using a statutory approach and a conceptual approach. Results Originality of the Research: The execution of fiduciary guarantees is carried out when there is an agreement regarding the breach of contract and the willingness of the debtor to surrender the object that is the object of the fiduciary. If there is no agreement regarding the breach of contract and the debtor does not submit the object of collateral voluntarily, then the execution procedure of the fiduciary guarantee is carried out the same as the execution of a court decision that has permanent legal force, namely by submitting a request for execution to the district court. In addition, breach of contract also cannot be determined unilaterally. There must be an agreement regarding the breach of contract/default determined by both parties or on the basis of legal remedies (lawsuits) stating that one of the parties has defaulted.

Solid Business Contracts: Understanding the Legal Aspects of a Deal Panjaitan, Wijaya Natalia; Nabila, Syadzwina Hindun
AIWADTHU: Jurnal Pengabdian Hukum Volume 5 Issue 2, July 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/aiwadthu.v5i2.2310

Introduction: The development of an increasingly complex business world makes contracts function as the main tool to regulate the rights and obligations of the parties involved in an agreement. Therefore, understanding and skills in drafting business contracts are very important as a foundation in helping the parties bound by the contract.Purposes of The Devotion: To educate the public on the legal aspects of the agreement as a solid business contract. Method of The Devotion: The devotion method used is the method of counseling and mentoring the community of Jambi city with the Pranata Iustitia Jambi Legal Aid Institute.Results Main Findings of the Devotion: A strong contract does more than just help minimize the risk of conflict, it also ensures that the deal is legally enforceable.

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