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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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Peralihan Kredit Kendaraan Bermotor Secara Sepihak Tanpa Persetujuan Huberth Adam Mainake; Sarah Selfina Kuahaty; Ronald Fadly Sopamena
PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 2023 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v1i1.10828

ABSTRACT: Limited sources of funds that are able to overcome the installment needs of lower income groups are the driving reason for the development of Consumer Finance Companies. The aim of the research is to discuss and analyze the legal consequences of transferring credit without creditor approval and resolving disputes over transferred credit objects. Research method: normative juridical, using a statutory approach, with the hope of answering the problems faced. Legal Material Collection Procedures. This is done by means of literature study. The management of legal materials used uses qualitative methods. Research results in the mechanism for resolving consumer complaints through 2 (two) stages, namely resolving complaints carried out by financial services institutions (internal dispute resolution) and resolving disputes through judicial institutions or institutions outside the judiciary (external dispute resolution). The legal consequences for consumers (debtors) of the act of transferring by buying and selling motorbikes without the approval of the financing company (creditor) are categorized as having committed an act of violating Law Number 42 of 1999 concerning Fiduciary Guarantees so that the financing company has the right to carry out actions to execute fiduciary guarantees by means of motorbike withdrawal.

Sewa Menyewa Tanah Warisan Tanpa Izin Ahli Waris Yang Lain Julkipli Sameth; Merry Tjoanda; Sabri Fataruba
PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 2023 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v1i1.10829

ABSTRACT: Therefore, if one of the heirs makes a transaction on the inheritance, they must obtain permission or approval from the other heirs. However, in reality there are still heirs who carry out transactions on inheritance without permission or approval from other heirs, as happened in the case of land leases carried out by Johanis Salamahu and Mrs. Magdalena Peilaouw with PT Haka Aston, where Johanis did not involve heirs. Other, The method used in this paper is a normative juridical method with a statutory approach and a conceptual approach. The results of the study show that there is no regulation that specifically regulates the procedure for leasing land which is jointly owned by the heirs. However, in general, the things that should be considered are that the agreement must be known to all heirs, the existence of a power of attorney for the heirs for someone who is given the right to lease the inherited land, the existence of the area, address and location of the object of the agreement, the time period, the agreed price, and land use. While the legal consequences arising from the existence of an Inherited Land Lease Agreement by one of the heirs with PT Haka Aston without the knowledge of the other heirs, namely the agreement must be declared null and void because objective conditions are not met, namely a certain matter. One thing is certain, namely the rights and obligations of the other heirs are not fulfilled, because the land which is the object of the lease is jointly owned by the heirs, so to be able to lease it, you must obtain permission or approval from the other heirs.

Perlindungan Konsumen Dalam Praktik Jual Beli Bahan Bakar Minyak (BBM) Menggunakan Mesin Pertamini di Kota Masohi Muhammad Rizal Muhari; Teng Berlianty; Theresia Louize Pesulima
PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 2023 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v1i1.10830

ABSTRACT: Every year the number of vehicles in Indonesia continues to grow as a result of human needs in using fuel oil (BBM) is very large and continues to increase, therefore to meet the need for fuel the government issued Law No. 22 of 2001 concerning Oil and Gas. The purpose of this study are to know and explain the responsibility of business actors for the sale of pertamini (fuel) that does not match the dose, to know and explain how to resolve disputes if consumers experience losses. The method used in this research is normative juridical with statute approach and conceptual approach. The legal materials used are primary, secondary legal materials which are analyzed qualitatively. The results of this study indicate that the form of responsibility of pertamini business actors is responsibility in the form of product liability where Pertamini business actors have the responsibility to provide guarantees for consumer rights, in terms of providing compensation, refueling through digital pertamini, pertamini business actors are obliged to provide compensation or compensation in the form of a refund of the amount of dose that has been harmed, as well as the return of the amount of dose owned by consumers of the same value before the shortage in the value of the dose that causes harm to consumers. Settlement of disputes filed by consumers can be resolved in two ways, namely by taking court channels or taking out-of-court channels. The Consumer Protection Law gives freedom to consumers who feel harmed to sue business actors through the courts, but if consumers want to settle disputes with business actors outside the courts, the Consumer Protection Law provides the Consumer Dispute Resolution Agency (BPSK) which has the authority to handle disputes related to these consumers.

Perlindungan Hak Cipta Lagu Yang Di Nyanyikan Ulang Tanpa Izin Pencipta Yang Di Unggah Di Media Sosial Nani Novendo Sidabariba; Rory Jeff Akyuwen; Agustina Balik
PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 2023 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v1i1.10831

The problem in this thesis is about acts of copyright infringement in the form of cover songs on the YouTube platform. This research aims to make everyone understand that any action involving the use of other people's copyrights, either in part or in whole, is required to obtain prior permission from the creator and/or copyright holder. Based on article 9 of the Copyright Law No. 28 of 2014 it can be seen that everyone is prohibited from publishing creations, copying creations in all its forms, and is prohibited from exercising economic rights without the author's permission, and is prohibited from duplicating and/or using commercial creations. The method used in this research is normative juridical with statutory approach (statute approach) and conceptual approach (conceptual approach). The legal materials used are primary legal materials, secondary which are analyzed qualitatively. Based on this research, copyright protection for songs that are sung again consists of preventive and repressive legal protection. Preventive legal protection is carried out by supervising, coordinating and cooperating with the dissemination of re-sung song content, recording of creations, and closing related content and/or rights in electronic systems. Repressive protection in the form of compensation fines. The legal consequence received by the party who sings the song without the creator's permission is to pay compensation to the copyright holder in accordance with Article 1365 of the Civil Code. in the form of negotiation, mediation, conciliation, expert opinion and also arbitration.

Pemenuhan Hak Hak Mantan Istri Akibat Putusnya Perkawinan Nazwa Fajria Poluan; Barzah Latupono; Sabri Fataruba
PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 2023 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v1i1.10832

ABSTRACT: The fulfillment of the ex-wife's rights must be fulfilled after the breakup of the marriage, in the form of mut'ah maintenance, iddah maintenance, kiswan, maskan. As is commonplace in the relationship between rights and obligations, if the obligation is not carried out it will be detrimental to the party who should get the right. Legal consequences if the ex-husband does not fulfill the rights of the ex-wife, Article 34 paragraph (3) If the husband or wife neglects their respective obligations, they can file a lawsuit with the Court. If a husband who neglects to provide for his wife does not fulfill the decision according to the provisions of Article 196 HIR and Article 207 R.Bg, then the implementation of the decision can be resolved in two ways, namely by force and voluntarily. So that if the husband does not want to carry out the judge's decision to provide maintenance to his wife voluntarily, the judge will carry out the execution. Execution of payment of living expenses for mut'ah, living expenses owed (madhiyah) and living expenses for iddah in the Religious Courts through several stages, namely: Application for execution, paying for execution costs, aanmaning, determination of execution confiscation, determination of execution orders, is carried out in accordance with existing regulations so as not to violate the law as well as making it easier and able to fulfill the rights of the wife after the divorce. This writing begins with conducting research with a type of problem approach research using primary legal materials, tresier legal materials and secondary legal materials. The procedure for collecting legal materials used is library research. The processing and analysis of legal material is carried out using a normative legal research type with a qualitative descriptive method with a description of the problem and analyzing the legal material that has been collected. The result obtained from fulfilling the rights of the ex-wife as a result of the breakup of the marriage is that if it has been decided that the husband must pay for his maintenance to his wife, then he should consciously pay this obligation himself. Rules in Article 41 point (c) of Law Number 1 of 1974 Concerning Marriage. Ex-husbands who do not carry out the obligation to support ex-wives who have been divorced, the Religious Courts have the duty and authority to examine, decide and resolve special civil cases at the first level for people who are Muslim, the implication is that every person who is Muslim can file or sue all special civil cases to the religious court in accordance with the jurisdiction and absolute competence.

Perlindungan Hukum Kepada Kreditur Dalam Perjanjian Kredit Dengan Jaminan Hak Tanggungan Pusnia Abdul Munsir; Merry Tjoanda; Ronald Fadly Sopamena
PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 2023 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v1i1.10833

ABSTRACT: In order to make ends meet, humans need to work and try, one of which is by starting their own business, for businesses, capital is needed and in obtaining capital, one of them is by making loans to banks. Default, the creditor has the right to execute the collateral in accordance with the provisions of Law No. 4 of 1996 concerning Mortgage Rights on Land and Objects Related to Land. Even though the creditor's rights have been stipulated in the law, however, when the debtor defaults and when the execution process is ongoing, the debtor fights against the creditor which results in the execution process being delayed and because of this it causes the creditor to suffer losses. The purposes of this study are: To find out and explain how the position of the creditor is in a credit agreement with a mortgage guarantee, To find out and explain how the legal protection for creditors is in a credit agreement with a mortgage guarantee. The method used in this research is normative juridical. And using a statutory approach as well as a conceptual approach, with legal materials consisting of primary, secondary and tertiary legal materials which are analyzed qualitatively. The results of this study indicate that the position of the creditor in the credit agreement with collateral rights has been regulated in the provisions of Article 1 point 1 of Law no. 4 of 1996 concerning Mortgage Rights on Land and Objects Related to Land, based on the explanation of the article that the creditor's position in the Mortgage Right is to have a priority position and has the right to precede other creditors in paying off debts. And creditors who have prior rights are also called Preference Creditors. There are two types of legal protection for creditors, namely preventive legal protection which aims to prevent problems or violations by giving a warning in carrying out an obligation. And repressive legal protection is a last resort in the form of sanctions such as fines, imprisonment, and additional penalties given when a dispute has occurred or a violation has been committed.

Hak Paten Sebagai Objek Jaminan Fidusia Putra Leonardo Sopamena; Merry Tjoanda; Yosia Hetharie
PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 2023 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v1i1.10834

ABSTRACT: After the issuance of Law no. 24 of 2022 concerning the Creative Economy paving the way for the imposition of intellectual property rights as fiduciary guarantees, however, the mechanism and filing of patent rights are not explicitly explained in Law no. 42 of 1999 concerning Fiduciary Guarantees. The purpose of this study is to discover and study the determination of indicators for valuation of patents as objects of fiduciary guarantees and to review the mechanism for filing patents as objects of fiduciary guarantees. The method used in this study is normative juridical with statutory approach (statute approach) and the concept approach (conceptual approach). The legal materials used are primary legal materials, secondary which was analyzed qualitatively. The results of the study show that there are several indicators that can used to determine the value (valuation) of patent rights in the case of filing as fiduciary guarantees, namely the cost-based approach, the market approach (market based approach), and income approach (income based approach). The mechanism for submitting patent rights as objects of fiduciary guarantees is not voluntary specifically regulated in statutory provisions, but referring to Law Number 42 of 1999 concerning Fiduciary Guarantees in conjunction with Government Regulation Number 46 of 2020 regarding the Requirements and Procedures for Registration of Patent Transfers, then it can be done by filing an application for registration of patent transfer, as well as attaching supporting documents in the form of patent documents, copies of the agreement deed, power of attorney especially for applications submitted by proxy, proof of payment of the application fee, proof of payment of the annual fee for a patent, proof of recording of a patent license agreement has been given to other parties, a copy of the fiduciary guarantee certificate, and approval in writing from the fiduciary recipient if the right to a patent is used as the object of fiduciary guarantees, and a copy of the Presidential Regulation regarding the implementation of patents by the government.

Pertanggungjawaban Debitur Terhadap Kreditur Pada Perjanjian Kredit Dengan Jaminan Fidusia Rizka Astri Husen; Nancy Silvana Haliwela; Agustina Balik
PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 2023 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v1i1.10835

ABSTRACT: An agreement is an agreement made by one party and another party based on trust. It is the same with credit agreements with fiduciary guarantees that occur between debtors, creditors and third parties. Where a third party defaults, against the creditor. by not paying car loan installments. So that it results in a credit agreement between the Debtor and the Creditor. So that the action refers to the provisions of the Civil Code Article 1238, namely "The debtor is declared negligent by a warrant, or by a similar deed, or based on the strength of the agreement itself, that is, if this agreement results in the debtor being deemed negligent within the allotted time". The type of research used is normative juridical research. the type of normative juridical research is a research that examines legal materials, legal doctrine, legal principles, legal principles, as well as positive legal provisions in order to answer the legal issues that have been studied. Another name for normative research is doctrinal legal research which can be referred to as library research or document study because this research is carried out and shown only on written regulations or other legal materials. The results of the study show that it is related to credit accountability. From debtors, creditors and third parties. The responsibility of the debtor to the creditor is based on Article 30 of the Fiduciary Law that the debtor will hand over fiduciary objects to the creditor. Settlement of defaults can be carried out through litigation or non-litigation between the debtor and the creditor. then the legal settlement between the debtor and a third party, by making a warning letter or a new agreement for the losses suffered by the debtor.

Perceraian Yang Dilakukan Oleh Pasangan Yang Melakukan Perkawinan Beda Agama Rusgiman Fauzan Ruslan; Barzah Latupono; Mahrita Aprilya Lakburlawal
PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 2023 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v1i1.10836

ABSTRACT: Law Number 1 of 1974 concerning marriage generally only regulates marriage and divorce for those who are married according to the provisions stipulated in the law. However, marriage and divorce are not always carried out by couples who have the same religion and belief, often marriages and divorces are carried out by those who have different religions and beliefs. The purpose of this paper is to find out and explain whether interfaith marriages and interfaith divorce processes are valid or not. The method used in this paper is a normative juridical approach with a statutory approach, a conceptual approach and a case approach. Results of the research basically, interfaith marriages carried out in any way the marital status is invalid, because basically a marriage can be considered valid if it is carried out according to Article 2 paragraph (1) of Law Number 1 Year 1974 concerning Marriage which explains that "Marriage is valid if it is carried out according to the laws of each religion and belief", but in reality interfaith marriages still occur in Indonesia. Divorce between different religions can be carried out in court, namely in particular it can be done in district courts, the process of interfaith divorces conducted in district courts is generally not much different from divorces carried out by couples in general in district courts.

Itikad Baik Pelaku Usaha Dalam Transaksi Jual Beli Online Yunus Hitipeuw; Merry Tjoanda; Sarah Selfina Kuahaty
PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 2023 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v1i1.10837

ABSTRACT: Good faith is one of the efforts to provide legal protection to consumers in online buying and selling transactions. The research objective to be achieved by the author is how the good faith of business actors forms in online buying and selling transactions. And to find out and analyze how the responsibilities of business actors who do not have good intentions. This research is a problem approach using primary legal materials, tresier legal materials and secondary legal materials. The procedure for collecting legal materials used is library research. The processing and analysis of legal material is carried out using a normative legal research type with a qualitative descriptive method with a description of the problem and analyzing the legal material that has been collected. The results obtained are that the form of good faith in business conduct in online buying and selling transactions is a subjective form of good faith. Business actors are obliged to provide information regarding the goods they trade correctly and honestly as stipulated in Law Number 11 of 2008 Article 28 Paragraph (1) concerning electronic transactions. Therefore, the responsibility of business actors if they commit violations that cause harm to consumers in online buying and selling transactions is the obligation to compensate for losses that have been experienced by consumers in accordance with Law Number 8 of 1999 concerning consumer protection. the process of resolving disputes submitted by consumers can be resolved in two ways, namely by taking the court route or taking the route outside the court. The consumer protection law gives freedom to consumers who feel aggrieved to sue business actors through court but consumers also wish to resolve disputes with business actors through outside the court, so the consumer protection law provides a consumer dispute resolution agency (BPSK) which has the authority to handle consumer-related disputes.

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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