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Pariela, Marselo Valentino Giovani
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Law, Crime, Criminology & Criminal Justice

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Tanggung Jawab Hukum Pelaku Usaha Terhadap Sistem Bundling Dalam Jual Beli Kania, Victoria; Kuahaty, Sarah Selfina; 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.v3i1.19709

Abstract

Based on Article 15 of Law Number 8 of 1999 concerning Consumer Protection; "Consumer protection is all actions and prohibitions that guarantee legal certainty for business actors, so that consumer rights can be implemented in their business as well as possible." Article 15 Paragraph 2 Number 5 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition; "Business actors are prohibited from making agreements with other parties that contain requirements that the party receiving certain goods and/or services must be willing to purchase other goods and/or services from the supplier business actor." Based on Article 15 of Law Number 8 of 1999 concerning Consumer Protection; "Consumer protection is all actions and prohibitions that guarantee legal certainty for business actors, so that consumer rights can be implemented in their business as well as possible. The method used in this study is the normative juridical legal research method. The problem approach used is a legal approach. The sources of legal materials used are primary legal materials, secondary legal materials and tertiary legal materials. The procedure for collecting legal materials in this study is a literature study. The management and analysis of legal materials use descriptive methods. The systematics used are in accordance with the guidebook "Guidelines for Writing Thesis, Faculty of Law, Pattimura University. The results of this study indicate that the Bundling practice carried out by business actors in the sale and purchase of their products has committed an unlawful act, which should in carrying out sales and purchase transactions, business actors must refer to the provisions of Article 7, Article 8 and Article 10 of the UUPK. The practice of bundling sales that is contrary to applicable legal regulations, has legal consequences which can be disputed. The legal consequences that arise are that business actors can be sued in court or resolved non-litigation to request compensation for the bundling practices carried out.
Tanggung Jawab Pemilik Hewan Peliharaan Atas Kerugian Yang Ditimbulkan Kajian Hukum Perdata Sahusilawane, Clarion; Saija, Ronald; 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.v3i1.19711

Abstract

The main objective of this research is to investigate the form of liability of animal owners for damage to residents' farms, as well as to reveal strategies for resolving the disputes faced. The research method is normative research, then using data collection techniques using original data, primary, secondary, and tertiary materials. In the discussion of this thesis, the author obtains material on the liability of pet owners for losses caused by civil law studies can be obtained in the Civil Code, consumer protection law. While civil rules, civil law responsibility, and administrative rules. Based on the description above, the author draws several conclusions where protection for consumers is found in the Civil Code, Consumer Protection Law, and Health Law. Furthermore, the liability of pet owners for losses caused by civil law studies can be based on civil law and administrative law.
Perlindungan Hukum Pada Pasien Akibat Kesalahan Pemberian Obat Yang Tidak Sesuai Dengan Resep Dokter Makahity, Yandri Julian; Narwadan, Theresia Nolda Agnes; 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.v3i1.19712

Abstract

The Legal protection for patients as consumers in health services is not only regulated in the Health of Law, but also in Law Nomor 8 of 1999 concerning Consumer Protection which provides assurance on the safety and security of patients in consuming products. One of the examples that the author analyzes is an error in administering medication by puskesmas bandar lampung. The research objectives were to identify and analyze patient protection against pharmacists, who made mistakes in administering drugs based on a doctor's prescription and to identify and analyze the efforts patient could take in administering medication errors. The approximation method that used in this research is normative juridical research, because it examines and studies case examples. The research specification used descriptive analytical, namely legal research that is descriptive and aims to obtain a complete description (description) of the prevailing legal conditions. This study uses the legal materials needed in this study. The author use library research and scientific journals.The data collection process in this study was carried out in two stages. The first stage is through document studies in order to find information data related to legal foundations, consumer protection, pharmacy through library materials such as books, scientific papers, and the second stage through internet sites related to the object of research. The analytical method used in this research is qualitative juridical, namely research based on one law which must not conflict with other laws in order to create legal certainty in society and the data obtained is compiled qualitatively.
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.
Tanggung Jawab Direksi Terkait Rapat Umum Pemegang Saham (RUPS) Tahunan Noija, Gloria Gracia; Pesulima, Theresia Louize; Pariela, Marselo Valentino Giovani
KANJOLI Business Law Review Vol 3 No 1 (2025): Juni 2025 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.v3i1.19810

Abstract

The Annual General Meeting of Shareholders is an important forum for shareholders to obtain the Board's accountability report on the management of the company over the past financial year. The Board, as the company's organ responsible for its operations, has the obligation to hold the Annual General Meeting in accordance with applicable laws and regulations. Based on Law Number 40 of 2007 concerning Limited Liability Companies Article 78 Paragraph 2 of the Company Law, the annual General Meeting of Shareholders (RUPS) must be held no later than six months after the end of the financial year. However, the reality is that there are still companies that do not hold the RUPS. The type of research used is a normative legal approach with a Statutory Approach and a Conceptual Approach. The legal materials used are primary and secondary legal materials which are analyzed qualitatively to answer the problems being studied. The Board of Directors is fully responsible for the implementation of the Annual General Meeting of Shareholders, which includes the obligation to hold the meeting no later than six months after the end of the financial year, to prepare and submit an annual report to the shareholders, and to ensure that the financial statements have been audited by a public accountant if required. The Board of Directors is also required to be present at the General Meeting to provide explanations regarding the company's performance and condition, as well as to follow up on any decisions made during the meeting. The entire implementation process of the GMS must be carried out in accordance with the provisions of the Company Law, the company's articles of association, and the principles of good corporate governance. Meanwhile, the Board of Directors that does not hold the GMS obviously contradicts the provisions of the Company Law, particularly Article 78 Paragraph (2), and can be categorized as an unlawful act if it fulfills the elements in Article 1365 of the Civil Code.
Co-Authors Haliwela, Nancy Silvana Kania, Victoria Kuahaty, Sarah Selfina Makahity, Yandri Julian Narwadan, Theresia Nolda Agnes Noija, Gloria Gracia Pesulima, Theresia Louize Ronald Saija, Ronald Sahuleka, Chrysilla Angelica Sahusilawane, Clarion