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PATTIMURA Law Study Review

palasrev
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Published by Universitas Pattimura

ISSN : - EISSN : 30252245 DOI : https://doi.org/10.47268/palasrev

Core Subject : Social,

Law, Crime, Criminology & Criminal Justice

PATTIMURA Law Study Review yang dsingkat (PALASRev) adalah media peer-review yang dikelola dan diterbitkan oleh Fakultas Hukum Universitas Pattimura. PATTIMURA Law Study Review menerbitkan karya ilmiah di bidang hukum, terbit tiga kali setahun pada bulan April, Agustus dan Desember. Tujuan jurnal ini adalah untuk menyediakan tempat bagi Mahasiswa untuk mempublikasikan artikel ilmiah dari luaran Skripsi dan atau sebagain dari Skripsi Mahasiswa Strata Satu (S1). Fakultas Hukum Universitas Pattimura mewajibkan mahasiswa menggunggah karya ilmiah sebagai syarat ujian sarjana. Jurnal ini memberikan akses terbuka langsung ke kontennya berdasarkan prinsip bahwa membuat penelitian tersedia secara bebas untuk publik mendukung pertukaran pengetahuan global yang lebih besar. PATTIMURA Law Study Review tersedia secara online. Bahasa yang digunakan dalam jurnal ini adalah Bahasa Indonesia dan Bahasa Inggris. Ruang lingkup artikel yang dimuat dalam jurnal ini membahas berbagai isu di bidang Ilmu Hukum (Hukum Perdata, Hukum Islam, Hukum Bisnis/Ekonomi, Hukum Tata Negara, Hukum Administrasi Negara, Hukum Pidana, Hukum Internasional.

Arjuna Subject : Ilmu Sosial - Hukum

Articles 206 Documents

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Perlindungan Hak Moral Komika Atas Materi Pertunjukan Stand-Up Comedy Saimima, Vianen; Narwadan, Theresia Nolda Agnes; Balik, Agustina
PATTIMURA Law Study Review Vol 2 No 1 (2024): April 2024 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v2i1.13766

ABSTRACT: The role of Intellectual Property Rights (IPR) is increasingly crucial in this modern era, where technology and easy access to information demand strong protection for creative works. One important aspect of IPR is copyright, which gives creators control over the reproduction, distribution, and performance of their works. The copyright law (UUHC) provides broad protection for various types of intellectual works, including art, in accordance with Article 40 Paragraph (1). Stand-Up Comedy, as an art form, should also receive appropriate protection. Even though Stand-Up Comedy performance material is not explicitly mentioned in the UUHC regarding protected objects, Stand-Up Comedy performance material should meet the criteria as a protected copyright work because it is the result of the comic's thought process. However, easy access to Stand-Up Comedy material also raises the problem of plagiarism which can harm copyright and moral rights of comics. The research methods used include normative juridical research with statutory and conceptual approaches, as well as the use of various sources of legal materials, namely primary legal materials, secondary legal materials and tertiary legal materials. Techniques for collecting legal materials through library and electronic resource studies, as well as analysis techniques using qualitative methods. Based on this research, even though Stand-Up Comedy performance material has not been explicitly accommodated in the UUHC, comics' moral rights to their work should receive legal protection. Legal protection can be carried out through preventive and repressive approaches. Dispute resolution involves a legal process, with comics having the option to resolve non-litigation through negotiation, mediation, or arbitration, or through litigation with compensation awarded as recognition of the creator's creative honor and dignity.

Perlindungan Pengolahan Naniura Masyarakat Batak Toba Atas Ekspresi Budaya Tradisional Sembiring, Dias Sakti Jopa; Narwadan, Theresia Nolda Agnes; Balik, Agustina
PATTIMURA Law Study Review Vol 2 No 1 (2024): April 2024 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v2i1.13767

ABSTRACT: The Toba Batak region is an area that has traditional cultural expressions which are usually called naniura. Protection of the Toba Batak community's processing of naniura for traditional cultural expressions is very necessary considering that Indonesia is a legal country. However, in reality, even though the State has provided protection for traditional cultural expressions, there are still many violations or cultural claims committed by foreign nations. This writing aims to find out what form of protection the Toba Batak community's processing of naniura takes on traditional cultural expressions. The research method in this writing uses a normative juridical research type which examines positive legal provisions, legal principles and legal doctrine. In conducting this research, the author uses a statutory approach and a conceptual approach. The legislative approach is carried out by examining and analyzing statutory regulations that are relevant to the legal issue being discussed. The research results show that recording WBTB at the Ministry of Education and Culture can help protect traditional cultural expressions. This is because by recording WBTB at the Ministry of Education and Culture, it can help the Ministry of Law and Human Rights in determining traditional cultural expressions so that they can be given legal force as Communal Intellectual Property (KIK). Forms of protection for the traditional cultural expression of the Toba Batak people regarding the legal processing of naniura can be carried out using two protection models, namely defensive protection and positive protection. Recording, data integration, safeguarding, maintaining KIK, as well as the formation of regional regulations are defensive protection for the Toba Batak community's natural processing of traditional cultural expressions. The positive protection itself is contained in Government Regulation Number 56 of 2022 concerning Communal Intellectual Property.

Perlindungan Hukum Terhadap Pemegang Hak Eigendom Verponding Setelah Berlakunya Undang-Undang No 5 Tahun 1960 Rabbani, Ahmad Rafi; Laturette, Adonia Ivonne; Radjawane, Pieter
PATTIMURA Law Study Review Vol 2 No 1 (2024): April 2024 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v2i1.13768

ABSTRACT: Eigendom verponding is the right to land ownership which must be adjusted through the conversion provisions of the Basic Agrarian Law. The conversion was given a period of time until September 24, 1980. In practice, there is still recognition of land ownership of the former eigendom verponding which then occurs disputes over the land. Formulation of the problem in the study: . What is the legal status of unconverted eigendom verponding land. What is the legal protection for eigendom verponding land rights holders used by the government. The research method used is normative juridical, using a problem approach, namely a statutory approach, a conceptual approach and a case approach. The sources of legal materials used are primary, secondary, and tertiary legal materials. The technique of collecting legal materials used is the study of literature, journals, internet media, which is analyzed using qualitative methods. The results showed that legal protection for holders of land rights former eigendom verponding after the enactment of Law No. 5 of 1960 proof of ownership has not been converted until the period expires. But in Government Regulation No. 24 of 1997 concerning Land Registration, it is clear that until now the conversion of eigendom land can still be done through registration of old rights, so that its status changes to property rights. Efforts to resolve cases of ownership of eigendom verponding rights can be resolved in two ways, namely: litigation or non-litigation.

Perceraian Dengan Alasan Disfungsi Seksual Menurut Hukum Islam Musaad, Faly Antary; Latupono, Barzah; Fataruba, Sabri
PATTIMURA Law Study Review Vol 2 No 1 (2024): April 2024 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v2i1.13770

ABSTRACT: Marriage is a meeting between 2 (two) people with various characteristics, but in a household there are definitely problems that can lead to divorce. Divorce occurs due to separate reasons, including violence or physical defects experienced and in fact divorce can be carried out due to sexual dysfunction. Sexual dysfunction refers to various problems or disorders affecting a person's ability to feel satisfaction or function well in sexual activity, a condition where a person has difficulty having sexual relations with their partner. Several sub-problems or research questions are: 1) What are the procedures and reasons for divorce according to Islamic law? 2) Can the consequences of sexual dysfunction be used as a reason for divorce? This research aims to find out and explain the procedures and reasons for divorce as well as to find out and explain sexual dysfunction as a reason that results in divorce according to Islamic law. The research method used is normative juridical, using a statutory approach, conceptual approach and case approach. The laws used are literature studies, journals, internet media. The research results show that there are 2 (two) divorce procedures according to Islamic law, namely talak divorce and contested divorce. Divorce talak is a husband's vow before a Religious Court which is one of the reasons for the dissolution of a marriage, where the decision has permanent legal force, while divorce is contested as regulated in Government Regulation no. 9 of 1975, namely a divorce lawsuit filed by the wife or her attorney to the court whose jurisdiction includes the defendant's residence. Apart from that, if seen from an Islamic perspective in relation to the wife as the applicant, there is also the term khulu' or khuluk, namely a request for divorce by the wife to the husband in the Religious Court with the condition of giving a ransom or iwadl to and with the consent of her husband. Meanwhile, the reason for divorce is due to sexual dysfunction, both according to the explanation of Article 39 paragraph (2) of the Marriage Law and Article 116 of the Compilation of Islamic Law which sound the same, where one of the reasons that can be used as a basis for divorce is that one of the parties or partners has a disability. serious illness or illness resulting in the inability to carry out their obligations as husband and wife, however the judge must obtain evidence that the defendant is experiencing sexual dysfunction or is impotent.

Perlindungan Hukum Bagi Konsumen Terhadap Peredaran Obat Kuat Secara Ilegal Melalui Media Online Puspitasari, Intan; Haliwela, Nancy Silvana; Latupeirissa, Julianus Edwin
PATTIMURA Law Study Review Vol 2 No 1 (2024): April 2024 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v2i1.13772

ABSTRACT: Buying and selling activities through online media are widespread in Indonesia, resulting in the emergence of various negative impacts that can endanger consumer safety due to the circulation of illegal strong drug products, for this reason it is necessary to enforce the law and form legal accountability from business actors towards consumers due to the online distribution of strong drugs illegally via online media. This research aims to determine and explain law enforcement and forms of legal responsibility from business actors towards consumers as a result of the illegal distribution of strong drugs through online media. The type of research used in this writing is normative legal research. By using a statutory approach and a conceptual approach, the legal materials used are primary and secondary, collecting legal materials using library research, namely collecting relevant legal materials to obtain valid and accurate data, from all legal materials obtained, compiled systematically and then processed and analyzed in a normative juridical manner, namely describing the problems related to this research. The results of this research conclude that law enforcement through BPOM is intended to protect the rights of consumers who are harmed by consuming illegal strong drugs distributed through online media, from actions carried out by business actors, legal responsibility that can be sought from business actors is through administrative sanctions in accordance with regulations. in force, however administrative sanctions do not provide a deterrent effect for business actors. For this reason, regulations regarding the distribution of strong drugs through online media must be upgraded to law, so that criminal sanctions can be provided as a deterrent to business actors. BPOM also needs to collaborate with the National Cyber Agency and Kominfo to make it easier to reach and block accounts selling illegal drugs, and the public needs to be educated about illegal drugs in online media, so that people have knowledge of the consequences of consuming drugs that endanger health and safety.

Wanprestasi Pelaku Usaha Atas Hadiah Dalam Jual Beli Online Rajalabis, Madeline A; Laturette, Adonia Ivonne; Kuahaty, Sarah Selfina
PATTIMURA Law Study Review Vol 2 No 1 (2024): April 2024 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v2i1.13777

ABSTRACT: Default is an act that violates an agreement between two parties. If neither party is able to fulfill its obligations arising from the existing contract, such action may be considered a breach of contract. This is regulated in Law Number 8 of 1999 concerning Consumer Protection and Law Number 11 of 2008 concerning Electronic Information and Transactions. The research method used in this research is normative research carried out using a statutory approach and a conceptual approach. The sources of legal materials used are primary, secondary and tertiary legal materials. The technique for collecting legal materials in this research is by reading and reviewing various kinds of literature related to the research problem and directly related to the problem being studied. Based on the results of this research, consumers have the right to claim losses in buying and selling transactions for the promised gifts which are not fulfilled, so consumers have the right to make a claim for the promised gifts, because the promised gifts did not reach the buyers. Forms of legal protection for buyers against default are divided into two. Namely, preventive and repressive

Perlindungan Hukum Terhadap Hak Kekayaan Desain Industri Yang DiTiru Dan Diedarkan Tanpa Izin Lainsamputty, Marcia; Akyuwen, Rory Jeff; Narwadan, Theresia Nolda Agnes
PATTIMURA Law Study Review Vol 2 No 1 (2024): April 2024 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v2i1.13779

ABSTRACT: One branch of IPR that is experiencing very rapid development and is very useful is industrial design. The legal protection given to designers by Law Number 31 of 2000 apparently cannot protect designers. In the first case, the plaintiff, as the owner of a registered industrial design, filed a lawsuit because his industrial design was used without permission and this lawsuit was granted by the District Court. However, in the second case of the plaintiff who had registered his industrial design to be used without permission by the defendant, his lawsuit was rejected by the Commercial Court. The research method used in this research is normative research carried out using a statutory approach and a conceptual approach. The sources of legal materials used are primary, secondary and tertiary legal materials, and the legal material analysis techniques used are qualitative in nature. The results show that: 1) Legal protection for a design will be obtained if it meets the requirements of the industrial design law. The object of industrial design legal protection is industrial designs that are new (novelty) and that have been registered with the Directorate General of Intellectual Property Rights. This means that only industrial designs that are novel can be given legal protection. 2). Liability for violations, such as imitation, use, manufacture, sale, import, export and/or distribution of goods granted industrial design rights. Registered designs can be executed inside or outside the Court. The industrial design right holder or licensee can sue the party who imitates the design, by suing the Commercial Court at the District Court.

Pelanggaran Hak Cipta Karya Cipta Lagu Atau Musik Yang Dibawakan Oleh Ovent Organizer Untuk Kepentingan Komersial Yambormias, Merlinda Tabita; Kuahaty, Sarah Selfina; Balik, Agustina
PATTIMURA Law Study Review Vol 2 No 1 (2024): April 2024 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v2i1.13780

ABSTRACT: Copyright violations of songs or musical works often occur. In fact, songs or music really provide benefits to humans, but creators or copyright holders of songs or music have to take great pains to obtain their rights because many ordinary people, especially business actors, namely event organizers, use songs or music without permission commercially. Based on Article 9 of Law Number 28 of 2014 concerning Copyright, it can be seen that every person is prohibited from publishing works, duplicating works in all forms, translating works, adapting, arranging or transforming works, distributing works or copies thereof, performing works, announcing works, communication of works, and rental of works and it is prohibited to exercise economic rights without the permission of the creator or copyright holder and it is prohibited to carry out commercial performances of works. This research is normative juridical research carried out using a statutory approach and a conceptual approach. The sources of legal materials used are primary legal materials, secondary legal materials and tertiary legal materials. The legal material collection technique used in this research was literature surveillance, and finally analyzed using qualitative methods. Based on the research results, legal protection for copyrighted works of songs or music is regulated in Law Number 28 of 2014 concerning Copyright, which protects the creator or copyright holder of songs or music. Song or music copyrighted works that are used by the Event Organizer for commercial purposes by the act of performing song or music copyrighted works without permission from the creator or copyright holder, are referred to as copyright infringement by violating economic rights. Legal protection for the creator or copyright holder of songs or music used by the Event Organizer for commercial purposes is for the creator or copyright holder of the song or music to collaborate with one of the LMKs so that a song or music copyrighted work can be legally protected and obtain economic rights, because if someone does not register as a member, economic rights cannot be granted until that person registers as a member of LMK.

Perlindungan Hukum Terhadap Konsumen Pengguna Jasa Ekspedisi Pengiriman Barang (Studi Pada Pt. J&T Kota Ambon) Surachim, Muhammad Oghan; Pesulima, Theresia Louize; Pariela, Marselo Valentino Geovani
PATTIMURA Law Study Review Vol 2 No 1 (2024): April 2024 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v2i1.13781

ABSTRACT: J&T is an industry that provides goods delivery services both in the form of documents and packages. J&T is a new industry that utilizes IT in providing its services, with the advantage of providing goods and services so that customers do not need to come to the J&T office when they want to send and receive goods. Sometimes delivering goods is not always easy, for example, goods agreed upon by both parties have been sent but do not arrive at the destination address, goods arrive late, are lost or damaged during the delivery process. The research method used in this research is normative juridical, normative juridical research is legal research (legal search) which is carried out to find the truth of coherence, this writing focuses on literature study which means more research and study of existing and applicable legal regulations. In general PT. J&T is a technology-based delivery company that provides goods and document delivery services to all areas covered by PT. J&T is included in Ambon City. Service users only need to pay a certain amount of money to PT. J&T as a fee for sending goods to the specified address. However, in every delivery of goods, of course there are several problems found during the shipping and delivery process which cause losses for consumers. In this case PT J&T Ambon does not fulfill the rights of consumers, such as in the case of consumer rights which are not fulfilled because the goods delivered do not reach the hands of consumers. The issue of consumer protection is not solely an individual problem, but is actually a collective and national problem because basically everyone is a consumer. As users of goods delivery services, consumers need to obtain legal protection in order to protect their interests. Seeing this situation, the government issued a policy regulating consumer rights through law to protect consumer interests in consuming goods and/or services. This government policy is regulated in the UUPK.

Kedudukan Hak Cipta Sebagai Jaminan Hutang Pada Perjanjian Kredit Bank Prayogi, Muhammad Rizki; Haliwela, Nancy Silvana; Pariela, Marselo Valentino Geovani
PATTIMURA Law Study Review Vol 2 No 1 (2024): April 2024 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v2i1.13782

ABSTRACT: Regulation of the Government Number 24 Year 2022 on Creative Economy, Article 7 in this regulation states that in the implementation of intellectual property-based financing schemes, financial institutions, whether banks or non-bank financial institutions, are allowed to use intellectual property as collateral for loans. In its implementation, there are still various challenges and obstacles faced, including the difficulty of determining the value of copyright, the lack of clear concepts related to feasibility, and the absence of execution rules from the Bank Indonesia (BI), Financial Services Authority (OJK), and Banking related to intellectual property assets as loan collateral. The method of research used is legal normative, which examines legal materials such as legislation, legal theory, and scholars' opinions to solve the problem being studied. The purpose is to find out and explain the position of copyright as collateral in bank credit agreements and the legal strength of copyright as collateral in bank credit agreements. The results of this research indicate that the position of copyright as collateral in bank credit agreements has been regulated in the Copyright Law and the Government Regulation on Creative Economy. However, its implementation is still hindered due to the lack of policies from Bank Indonesia (BI) and the Financial Services Authority (OJK).

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Muchtar A H Labetubun

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Ruang PATTIMURA Law Study Review, Lantai 2 Fakultas Hukum Universitas Pattimura, Kampus Unpatti, Jl. Ir. M. Putuhena Kampus Poka, Ambon, Maluku 97233, Indonesia.

Location
Kota ambon,

Maluku

INDONESIA

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Abstract

Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Muchtar A H Labetubun

Contact Email mahlabetubun@gmail.com

Phone +6285243175321

Journal Mail Official jurnalpalasrev@gmail.com

Editorial Address Ruang PATTIMURA Law Study Review, Lantai 2 Fakultas Hukum Universitas Pattimura, Kampus Unpatti, Jl. Ir. M. Putuhena Kampus Poka, Ambon, Maluku 97233, Indonesia.

Location Kota ambon, Maluku INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
Muchtar A H Labetubun

Contact Email
mahlabetubun@gmail.com

Phone
+6285243175321

Journal Mail Official
jurnalpalasrev@gmail.com

Editorial Address
Ruang PATTIMURA Law Study Review, Lantai 2 Fakultas Hukum Universitas Pattimura, Kampus Unpatti, Jl. Ir. M. Putuhena Kampus Poka, Ambon, Maluku 97233, Indonesia.

Location
Kota ambon,

Maluku

INDONESIA