PATTIMURA Law Study Review
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.
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201 Documents
<![CDATA[Tanggung Gugat Pelaku Usaha Jasa Laundry ]]>
<![CDATA[Fasrum F Kastella]]>;
<![CDATA[Teng Berlianty]]>;
<![CDATA[Theresia Nolda Agnes Narwadan]]>
<![CDATA[ PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 2023 PATTIMURA Law Study Review ]]>
Publisher : <![CDATA[Faculty of Law Universitas Pattimura ]]>
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DOI: 10.47268/palasrev.v1i1.10848
<![CDATA[ABSTRACT: Laundry services are needed not only by households but also by students and society in general. It is currently proven to be found around settlements and its surroundings. The community's need for laundry services must be balanced with the responsibilities of business actors in maintaining the quality of service and ensuring that consumers do not lose, scarcity or damage to the clothes being laundered. As already regulated in Article 4 UUPK No 8 of 1999. The problem in this research is how the position of the parties in the laundry service business activities and what are the goals of the laundry service business actors as a result of default. The purpose of this research is to analyze and assess how the position of the parties in laundry service business activities and what are the goals of laundry service business actors due to default. The research method used is normative juridical, the problem approach used is the statutory approach (statue approach) and the conceptual approach (conceptual approach), the legal materials used are primary legal materials, secondary legal materials and tertiary legal materials. The technique of collecting legal materials is a literature study. The results of this study indicate the position of the parties in the laundry service business activities as business actors and the goals of the laundry service business actors due to default, the rights of consumers who use laundry services are not fulfilled by the laundry service business actors, so that the consumers who have experienced losses should or default caused by the laundry service business actor, then the laundry service business actor must be held accountable for actions that result in default on consumers.]]>
<![CDATA[Perjanjian Kerja Antara Pelaku Usaha Dengan Tenaga Kerja Dalam Perjanjian Hubungan Industrial ]]>
<![CDATA[Bryllian Abraham Titihalawa]]>;
<![CDATA[Barzah Latupono]]>;
<![CDATA[Dezonda Rosiana Pattipawae]]>
<![CDATA[ PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 2023 PATTIMURA Law Study Review ]]>
Publisher : <![CDATA[Faculty of Law Universitas Pattimura ]]>
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DOI: 10.47268/palasrev.v1i1.10849
<![CDATA[ABSTRACT: An industrial relations dispute is a difference of opinion that results in a conflict between an entrepreneur or a combination of entrepreneurs and workers/laborers or a trade union/labor union due to disputes regarding rights, disputes over interests, and disputes over the termination of employment relations as well as disputes between trade unions/labor unions in only one company. The purpose of the agreement is none other than the purpose of the law itself, namely to provide protection and justice for the parties entering into the agreement. This research uses normative juridical research methods, namely library law research and because this research is carried out by having library materials. The approach in normative research is the Statute Approach and the Conceptual Approach. In this study, a descriptive-analytical type of research will be used. Work agreements are made in writing or verbally. Work agreements that are required in writing are carried out in accordance with applicable laws and regulations. Work agreements are divided into PKWT and PKWTT. PKWT is regulated to provide protection for workers, on the basis of the consideration that it does not occur where the appointment of workers is carried out through an agreement in the form of a PKWT for work that is continuous or is a permanent/permanent job of a business entity. PKWT can be done with a daily work agreement. Daily Work Agreements are carried out with the condition that the Worker/Labourer works less than 21 (twenty one) days in 1 (one) month. If the Worker/Labourer works 21 (twenty one) days or more for 3 (three) consecutive months or more, the Daily Work Agreement becomes invalid and the Employment Relations between Employer and Worker/Labourer by law change based on the PKWTT.]]>
<![CDATA[Pemutusan Hubungan Kerja Yang Dilakukan Pelaku Usaha Kepada Tenaga Kerja Melalui Media Online Sesuai Dengan Ketentuan Undang-Undang ]]>
<![CDATA[Johnny Pieter Sual]]>;
<![CDATA[Merry Tjoanda]]>;
<![CDATA[Agustina Balik]]>
<![CDATA[ PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 2023 PATTIMURA Law Study Review ]]>
Publisher : <![CDATA[Faculty of Law Universitas Pattimura ]]>
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DOI: 10.47268/palasrev.v1i1.10850
<![CDATA[ABSTRACT: Unilateral termination of employment relations is absolutely not allowed and is very clear, except for certain circumstances that compel the dismissal to be carried out, as stipulated in the "Industrial Relations Dispute Settlement Law". Unilateral layoffs by PT. Ruata's work for the workforce “Mr. VG” via Whatsapp. Mr. VG” did not receive a Decree as an employee of PT. Karya Ruata, and did not sign the Collective Labor Agreement between PT. Ruata's work with the workforce of “Mr. VG”. This research uses normative juridical research methods, namely library law research and because this research is carried out by having library materials. The approach in normative research is the Statute Approach and the Conceptual Approach. In this study, a descriptive-analytical type of research will be used. The results showed that the layoffs carried out by PT. Ruata's work to “Mr. VG” through online media (Whatsapp) is not in accordance with the provisions of the law. Article 81 number 43 of the Job Creation Law. PT Karya Ruata is not responsible for the unilateral termination of “Mr. VG” Through Online Media (Whatsapp). The unilateral dismissal action, clearly based on Article 1320 of the Civil Code, does not meet the objective requirements for the implementation of the agreement, namely the causa conditions that are allowed, so that the termination action is null and void by law. As a result of being null and void, the said dismissal by law is deemed to have never happened and therefore “Mr. VG” remains united as an employee of PT. Ruata's work, but until now “Mr. VG” is no longer working for PT. Ruata's work, and there is no settlement according to the provisions of the law.]]>
<![CDATA[Perlindungan Hukum Bagi Konsumen Kosmetik Atas Produk Parfum Isi Ulang ]]>
<![CDATA[Renita Putri Kartika Reawaruw]]>;
<![CDATA[Teng Berlianty]]>;
<![CDATA[Sarah Selfina Kuahaty]]>
<![CDATA[ PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 2023 PATTIMURA Law Study Review ]]>
Publisher : <![CDATA[Faculty of Law Universitas Pattimura ]]>
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DOI: 10.47268/palasrev.v1i1.10851
<![CDATA[ABSTRACT: Currently, there are many business actors who get more profit by producing refill perfume containing hazardous substances that do not meet the requirements for circulation, so that Law No. 8 of 1999 was issued to provide legal protection for consumers. The purpose of this research was conducted to find out how the form of legal protection for cosmetic consumers for the distribution of perfume products containing dangerous substances and what form of legal protection for cosmetic perfume consumers who experience losses. The research method used is normative legal research method. The problem approach used is the statutory approach, the conceptual approach. The legal materials used are primary legal materials and secondary legal materials. Procedures and Collection of Legal Materials using the method of inventorying laws and regulations and Processing and Analysis of legal materials is carried out using qualitative analysis techniques to answer problems. Based on the results of the study it can be concluded: Forms of Legal Protection for Consumers of Cosmetics for the Circulation of Refillable Perfumes are divided into 2, namely, Forms of Preventive Legal Protection as a preventive measure for a person/group who wants to carry out activities or actions that are negative and Forms of Repressive Legal Protection are efforts settlement of the occurrence of violations with the aim of resolving disputes. Consumers who are disadvantaged as a result of using dangerous refill perfumes based on Law Number 8 of 1999 concerning Consumer Protection, there are two forms of legal remedies, namely through out-of-court dispute resolution which is carried out by the Consumer Dispute Settlement Agency and legal remedies through dispute resolution in court carried out with reference to to the provisions of the general court in force.]]>
<![CDATA[Implikasi Hukum Pendaftaran Atas Tanah Adat (Tanah Dati) Terhadap Pemegang Hak Lainnya ]]>
<![CDATA[Flauangelia Herisli Wattimena]]>;
<![CDATA[Jenny Kristiana Matuankotta]]>;
<![CDATA[Novyta Uktolseja]]>
<![CDATA[ PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 2023 PATTIMURA Law Study Review ]]>
Publisher : <![CDATA[Faculty of Law Universitas Pattimura ]]>
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DOI: 10.47268/palasrev.v1i1.10852
<![CDATA[ABSTRACT: Land registration in Indonesia is a government obligation mandated in law No. 5 of 1960 concerning land rights, both for individual land and customary land which is jointly owned land in Ambon is called dati land. Common land or dati land if it is registered by including in the name of one person as the owner, it will have legal implications for other rights holders. The type of research is normative juridical research, while the research approach is the statue approach, conceptual approach and finally the case approach or case approach. The technique of collecting legal materials used in this study was to conduct a literature study. The results of the research in this paper are that other rights holders, such as the dati's children whose names are not listed on the land certificate, are not legally the owners of land rights, so that later if there is a dispute over ownership and control over land among the dati's children, the dati's children do not get legal protection.]]>
<![CDATA[Pembatalan Merek Terdaftar Yang Memiliki Persamaan Nama Pada Pokoknya ]]>
<![CDATA[Yehuda Goodlife Nusale]]>;
<![CDATA[Teng Berlianty]]>;
<![CDATA[Theresia Louize Pesulima]]>
<![CDATA[ PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 2023 PATTIMURA Law Study Review ]]>
Publisher : <![CDATA[Faculty of Law Universitas Pattimura ]]>
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DOI: 10.47268/palasrev.v1i1.10853
<![CDATA[ABSTRACT: According to Law Number 20 of 2016 Concerning Trademarks and Geographical Indications, Article 21 Paragraph 1 Letters a and c Concerning Trademark Registration Procedures which explains that the application for trademark registration is rejected if the registered trademark belongs to another party or is applied for beforehand by another party for similar goods and/or services and has no distinguishing power, but in practice there are registered brands that have the same name in essence, namely the "GOTO" brand which has similarities in writing and pronunciation. The law related to the problem is then linked to secondary legal material through books, articles, journals or writings by legal experts, after which it is connected with legal facts, legal events and legal consequences which are carried out using the Statute Approach and the Conceptual Approach. The research results show: 1). The trademark rights holder is the first party to register the mark with the Directorate General of Intellectual Property Rights, and the holder of the rights to this mark receives legal protection, if another party registers the same mark, it has violated the system adopted by the law, namely the first to file principle and also violates the law itself as the accommodator of all regulations regarding trademark registration 2). Settlement of the Goto case as an effort to resolve the similarity in the mark at registration, legal action through a lawsuit in a commercial court as a legal remedy if it is proven to legally use the mark without permission.]]>
<![CDATA[Badan Penyelenggara Jaminan Sosial (BPJS) Sebagai Syarat Peralihan Hak Atas Tanah ]]>
<![CDATA[Faradila Attamimi]]>;
<![CDATA[Merry Tjoanda]]>;
<![CDATA[Novyta Uktolseja]]>
<![CDATA[ PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 2023 PATTIMURA Law Study Review ]]>
Publisher : <![CDATA[Faculty of Law Universitas Pattimura ]]>
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DOI: 10.47268/palasrev.v1i1.10854
<![CDATA[ABSTRACT: The inclusion of BPJS provisions as stated in Presidential Decree No. 1 of 2022 as a condition for transferring land rights in the community has drawn some controversy and criticism, because this has nothing to do with buying and selling land and BPJS for health. The government should increase the transparency of BPJS health management and services if it wants to attract people to become participants. This legal research focuses on normative juridical research with a conceptual approach and statutory approach, the analytical method used is descriptive qualitative. The legal materials in this study are primary legal materials, secondary legal materials, and tertiary legal materials. The legal materials are then interpreted and analyzed. The results of the study show that the Presidential Instruction (Inpres) Number 1 of 2022 is in principle the same as Government Regulation Number 24 of 1997, except that Presidential Instruction Number 1 of 2022 includes the addition of the requirement for a Photocopy of BPJS Kesehatan Participant Card for the purpose of registering the transfer of land rights. This research also shows that there is no relationship (correlation) between the inclusion of the BPJS requirements and the registration of the transfer of land rights because it is considered insignificant or has no relationship at all with the interest in transferring names in terms of transferring land rights, but it is related to the government's commitment to ensure that all levels of society have health insurance, namely optimizing the implementation of the National Health Insurance program.]]>
<![CDATA[Perlindungan Konsumen Terhadap Penjualan Obat Antibiotik Tanpa Resep Dokter ]]>
<![CDATA[Hubertus Veron Mailuhuw]]>;
<![CDATA[Theresia Louize Pesulima]]>;
<![CDATA[Yosia Hetharie]]>
<![CDATA[ PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 2023 PATTIMURA Law Study Review ]]>
Publisher : <![CDATA[Faculty of Law Universitas Pattimura ]]>
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DOI: 10.47268/palasrev.v1i1.10855
<![CDATA[ABSTRACT: Drugs are a very important component for public health, meaning that drugs are needed to cure diseases suffered by humans. One of them is an antibiotic drug which is a drug to kill bacteria in the body and to increase endurance. In the provisions of the Regulation of the Minister of Health Number 73 of 2016 which regulates Pharmaceutical Service Standards, as well as Decree of the Minister of Health of the Republic of Indonesia No. 02396/A/SK/VIII of 1986 concerning Special Marks for List G Strong Drugs stipulates that antibiotic drugs as a category of hard drugs on list G can only be given with a doctor's prescription with sufficient criteria. However, in practice it is still traded freely without a doctor's prescription by pharmacies. This certainly violates consumer rights in Article 4 letter a regarding the right to comfort, security and safety in consuming goods and/or services. The pharmacist's actions also contradict Article 7 letter b of the UUPK's obligation as a business actor to provide correct, clear and honest information regarding the conditions and guarantees of goods and/or services as well as provide an explanation for the use of antibiotic drugs. The method used in this study is normative juridical, with a statutory approach and a conceptual approach. The legal materials used are primary and secondary legal materials collected through literature study, and analyzed qualitatively to answer the problems studied. Based on the results of the study, those responsible for the sale of antibiotic drugs without a doctor's prescription are the pharmacy companies because legally the pharmacies know exactly and clearly about the provisions prohibiting the sale of antibiotic drugs without a doctor's prescription. This means that if consumers want to buy antibiotics, it is the responsibility of the pharmacy to explain correctly and clearly regarding the provisions for using antibiotics that must be prescribed by a doctor, not vice versa to seek profit and then ignore consumer safety. The legal liability that can be imposed on the pharmacy is liability based on fault, so the pharmacy must provide compensation to consumers (buyers) if it is proven that due to their mistakes they caused harm to the buyer through the misuse of antibiotic drugs which can lead to overdose, resistance even death.]]>
<![CDATA[Pemenuhan Hak-Hak Masyarakat Hukum Adat Dalam Investasi Pertambangan Migas Di Kabupaten Kepulauan Tanimbar ]]>
<![CDATA[Andi Dharma Ratumasa]]>;
<![CDATA[Teng Berlianty]]>;
<![CDATA[Mahrita Aprilya Lakburlawal]]>
<![CDATA[ PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 2023 PATTIMURA Law Study Review ]]>
Publisher : <![CDATA[Faculty of Law Universitas Pattimura ]]>
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DOI: 10.47268/palasrev.v1i1.10856
<![CDATA[ABSTRACT: Article 33 paragraph 3 (three) of the 1945 Indonesian Constitution outlines the basic policy regarding the control and use of existing natural resources, that the earth and water and the natural resources contained therein are controlled by the State, and used to the greatest extent for the prosperity of the people. The position of customary law communities and dispute resolution within the scope of customary law communities in Maluku, Agrarian Minister Regulation Number 18 of 2019 concerning Procedures for Administering Customary Land Unity of Customary Law Peoples, administration of customary law community territories to ensure legal certainty and stipulation of recognition and protection of the unity of customary law communities. The problem approach used in this writing is the statute approach and case approach, the purpose of this paper is to know and understand the position of customary law communities in Oil and Gas Mining Law Investment in the Tanimbar Islands Regency and to know and understand the responsibilities of Business Actors in fulfilling the Rights of Customary Law Peoples in the Islands Regency Tanimbar. The type of research used is Normative Juridical with Legal Material Collection Techniques obtained from primary, secondary and tertiary legal materials, which are then analyzed based on these legal materials.Investment in oil and gas mining and processing in the territory of the lordship of customary law communities in the Tanimbar Islands district on the island of Nustual, while faced with a situation that does not have certainty for the rights of customary law communities related to the release of customary land rights which are used as a means of oil and gas mining investment. The government as an institution that has the authority to present consensus deliberations for the process of completing investment in oil and gas mining in the Masela block. as well as good responsibilities from the Inpex company as an investor. Several laws and regulations governing the position of customary law communities in the constitution of the 1945 Constitution even to Law Number 20 of 2001 concerning Oil and Gas are considered irrelevant to the development of customary law communities in the current era.]]>
<![CDATA[Pembagian Harta Bawaan Suami di Tinjau Dari Prespektif Hukum Islam ]]>
<![CDATA[Moh Mahdi Ali Kabakoran]]>;
<![CDATA[Barzah Latupono]]>;
<![CDATA[La Ode Angga]]>
<![CDATA[ PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 2023 PATTIMURA Law Study Review ]]>
Publisher : <![CDATA[Faculty of Law Universitas Pattimura ]]>
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DOI: 10.47268/palasrev.v1i1.10857
<![CDATA[ABSTRACT: Inheritance law is a part of civil law and specifically a part of family law. The law of inheritance is very closely related to human life, because every human being will experience a legal event, namely death. The legal event will give rise to legal consequences regarding the continuation of the rights and obligations of a person who has died and in relation to his family or other people, who are entitled to the assets left behind. These assets are in the form of inherited assets and joint assets. The aim of the research is to find out and analyze the distribution of husbands' inherited assets after death. To find out and analyze the validity of the husband's innate assets which are controlled by the wife after the husband dies. The research method used is normative legal research. Namely legal research that examines document studies, using various secondary data such as legal theories, statutory regulations and can be in the form of opinions of legal scholars. Based on the provisions in the Compilation of Islamic Law, it has been explained that. The existence of joint property in marriage does not rule out the existence of property owned by each husband and wife. The assets of each in question are inherited assets. Inheritance is the property of each husband and wife which is obtained by each as an inheritance or gift. Then the position of the inheritance is to carry the mastery of each party of the husband and wife as long as the parties do not specify otherwise in a marriage agreement.]]>
