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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, Pattimura University

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 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.

Pengucapan Ikrar Talak Tanpa Kehadiran Istri Di Pengadilan Agama Jamaludin, Muhammad Juhasa; Angga, La Ode; Nabila, Syadzwina Hindun
LUTUR Law Journal Vol 5 No 2 (2024): November 2024 LUTUR Law Journal
Publisher : Program Studi Hukum Diluar Kampus Utama Universitas Pattimura Kabupaten Maluku Barat Daya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/lutur.v5i2.16173

Divorce Case No. 326/Pdt.G/2022/PA.AB in which the Respondent (Wife) has been properly and officially summoned by the court, but the Respondent (Wife) never attended and did not send her attorney to represent her in the trial process until the Declaration of Divorce by the Applicant (Husband), however, the panel of judges still allowed the Applicant (Husband) to pronounce the Declaration of Divorce after the verdict of the Divorce case was issued, then a Divorce Certificate was issued which clearly explained the condition of the Respondent (Wife) at the time of the Declaration of Divorce. based on the Compilation of Islamic Law (KHI) Article 149 is obliged to provide maintenance to the Respondent (his wife), or at least the Respondent (his wife) must be present to ask for maintenance in accordance with KHI Article 119 Paragraph 2 Letter b, and other things that need to be considered by the panel of judges as always stated in the Divorce Certificate, namely, seeing the status of the wife in a state of purity, menstruation or in a state of pregnancy or not at the time the divorce vow was pronounced according to Article 122 of the KHI. The type of research used in this study is normative juridical. The results of this study are that according to Islamic law, the applicant in the divorce case of the divorce vow number 326 / Pdt.G / 2022 / PA.AB has met the requirements required in Islamic law to pronounce the divorce vow. However, because the wife was not present in the trial, the judge should not have fulfilled the legal requirements to allow the applicant to pronounce the divorce vow because Article 119 Paragraph 2 of the KHI point b regarding the divorce vow with ransom or khuluk (iddah and mut'ah maintenance) and the wife's condition which must be stated in the divorce certificate according to Article 122 of the KHI have not been fulfilled, so that the pronouncement of the divorce vow in the case is considered invalid according to law. That in order to protect the wife's rights legally and ensure the wife's condition as an additional requirement for the validity of the divorce certificate, the wife's presence in court is a significant factor for the court in carrying out its legal process fairly and ensuring that the decision taken not only takes into account the provisions of religious law, but also takes into account aspects of humanity and social justice.

The Legal Dynamics of Pacta Sunt Servanda in Community Agreements Wijaya Natalia Panjaitan; Agustina Balik; Nabila, Syadzwina Hindun
KRTHA BHAYANGKARA Vol. 18 No. 3 (2024): KRTHA BHAYANGKARA: DECEMBER 2024
Publisher : Fakultas Hukum Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/krtha.v18i3.2995

Pacta Sunt Seravanda is one of the principles applied in agreements made by the community. However, the fact is that many people do not know about this principle when making transactions in agreements. This study aims to examine the implementation of the Pacta Sunt Servanda Principle in the Agreement of the Sawai Village Community, North Seram District, Central Maluku Regency. The research method used is sociological legal research, which is a combination research method between doctrinal legal research methods and empirical legal research methods. The implementation of the principle of pacta sunt servanda in Sawai Village, North Seram District, Central Maluku Regency, both in land rights agreements and other agreements in the community must always be socialized as a form of binding agreements that are often made by the community in order to minimize disputes because one party feels disadvantaged and wants to renege on the agreement.

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 Pattimura University

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.

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