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Penyuluhan Hukum Perkembangan Informasi Dan Teknologi Serta Dampak Penyalahgunaan Jejaring Sosial Pada Generasi Muda Di Negeri Lesluru Maluku Tengah Rory Jeff Akyuwen; Marselo Valentino Geovani Pariela; Yosia Hetharie; Zacilasi Wasia
AIWADTHU: Jurnal Pengabdian Hukum Vol 1, No 1 (2021): Volume 1 Nomor 1, Maret 2021
Publisher : Faculty of Law Pattimura University

Introduction: The young generation is a national asset that must be safeguarded, protected, guided and nurtured so that they are not trapped in the negative influence of technological, communication and information developments. Likewise, the younger generation in Lesluru Country, TNS District, Central Maluku Regency, as the successor to Lesluru Country who need education and legal understanding regarding the impact of misuse of social networks due to developments in technology, communication and information.Purposes of the Research: The purpose of writing this article is to provide legal understanding and education to the people of Lesluru State, TNS District, Central Maluku Regency regarding the development of Technology, Communication and Information and the impact of using social networks among the younger generation in Lelsuru Country.Methods: Legal counseling activities in the country of Lesluru are carried out by means of a panel discussion method in which the presenters deliver the material in turns then followed by questions and answers between the speakers and the community.Results / Findings / Novelty of the Research: Social networks that are currently very accessible to the younger generation, including in Lesluru, Central Maluku. This of course not only has a positive impact but often has negative consequences due to the unwise use of social networks. Therefore, as a young generation who will later become the leaders of the nation, even this nation needs to understand well about the wise use of social networks in order to have a positive impact on the younger generation.

Tanggung Jawab Para Pihak Dalam Perjanjian Jual Beli Online Dengan Sistem Cash On Delivery Haris S B Ong; Marselo Valentino Geovani Pariela
TATOHI: Jurnal Ilmu Hukum Vol 1, No 10 (2021): Volume 1 Nomor 10, Desember 2021
Publisher : Faculty of Law Pattimura University

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Introduction: The COD system, which is the most popular payment method for the public in online buying and selling transactions, but buying and selling online with the COD system is still not understood by the parties, this is because disputes often arise from the parties when making transactions with the COD system.Purposes of the Research: To find out and analyze the form of responsibility of the parties in an online sale and purchase agreement with the COD system. Methods of the Research: The research method uses normative juridical legal methods with primary and secondary legal materials as sources of legal materials, then analyzed qualitatively.Results of the Research: The results show that the form of an online sale and purchase agreement through the COD system between the buyer and seller starts from determining the price, bargaining is carried out before the seller and buyer meet at the agreed location. The Agreements made legally have binding powers such as laws by each party, which creates a legal relationship that results in the emergence of rights and obligations for each party.

Jaminan Sertifikat Hak Milik Atas Tanah Bukan Oleh Pemegang Hak Milik Dalam Perjanjian Kredit Perbankan Aryantho Dwiputra Sitania; Theresia Louize Pesulima; Marselo Valentino Geovani Pariela
TATOHI: Jurnal Ilmu Hukum Vol 1, No 6 (2021): Volume 1 Nomor 6, Agustus 2021
Publisher : Faculty of Law Pattimura University

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Introduction: An agreement is made in oral or written form, where both parties bind themselves and cause legal consequences. The legal protection of the certificate holder can be realized if the issuance of the certificate does not have a juridical defect, namely defects in procedure, substance, or authority. Purposes of the Research: The purpose of this research is to study and find out how the form of legal protection for the first party as the owner of the certificate and find out how the second party's civil liability for certificates borrowed and used as collateral.Methods of the Research: The method used is a normative juridical research method using a statutory approach, a conceptual approach and also a case approach.Results of the Research: The results of this study explain that regarding legal protection for certificate owners whose certificates are used by other people to enter into credit agreements in banking, because the party making the credit agreement does not have a certificate to be used as collateral in the process of borrowing money at the bank, as well as the responsibility of the certificate borrower. in accordance with applicable regulations.

Hak Cipta Logo Yang Didaftarkan Sebagai Merek Yunus Marlon Lopulalan; Rory Jeff Akyuwen; Marselo Valentino Geovani Pariela
TATOHI: Jurnal Ilmu Hukum Vol 1, No 1 (2021): Volume 1 Nomor 1, Maret 2021
Publisher : Faculty of Law Pattimura University

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Introduction: Copyright protection is carried out in order to prevent infringement of copyright itself. Copyright holders can be distinguished between individuals and legal entities. The logo is protected in Law Number 28 of 2014 concerning Copyright and Law Number 20 of 2016 concerning Trademarks and Geographical Indications. However, the logo is prohibited from being recorded in Article 65 of the Copyright Law of 2014 so that the logo can only be registered as a trademark.Purposes of the Research: Knowing and analyzing the regulatory and legal status of Logo Copyrights registered as Trademarks.Methods of the Research: This study uses a normative juridical method with legal materials used in the study are primary, secondary and tertiary with the use of literature study techniques in the form of international legal regulations, scientific papers and literature.Results of the Research: Logo copyright as a mark that serves as a differentiator can no longer be registered. The recording of a work cannot be made on painting in the form of a logo or distinguishing mark that is used as a mark in trading in goods / services or is used as a symbol of an organization, business entity or legal entity. So as a measure to anticipate violations of the logo creator's rights, the logo can be registered as a trademark. Material rights can also be attached to the copyright of the logo used as a brand.

Covid-19 Sebagai Bentuk Overmacht dan Akibat Hukumnya Terhadap Pelaksanaan Perjanjian Kredit Merry Tjoanda; Yosia Hetharie; Marselo Valentino Geovani Pariela; Ronald Fadly Sopamena
SASI Vol 27, No 1 (2021): Volume 27 Nomor 1, Januari - Maret 2021
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v27i1.447

The study is aimed at identifying and analyzing covid-19 as a form of relative overmacht and as a result of the overmacht law in the credit agreement and the policy of ending the credit agreement as a result of the covid-19 pandemic. The study method used in this study was normatif juridical, a doctrinal law study method by examining and studying the regulations of legislation that served asa basis for then analyzing the issues discussed. The study is analytical by using primary and secondary legal materials through the study of related documents and literature. The analysis used in the study is qualitative analysis to address the issues discussed. According to research, the covid-19 is a non-natural disaster that can therefore be categorized as overmacht measurement. As a form of overmacht relative, the result of the law of the spread of covid-19 as the overmacht relative to the credit agreement is that the debtor still has to fulfill his obligations to the debtor after the covid-19 is over. In its implementation based on POJK 11/2020, the debtor is given credit relief through restructuring in accordance with the form of restructuring issued by the bank in the form of lowering interest rates, extension of term, reduction of principal arrears, reduction of interest arrears and other forms according to verification and analysis of the bank on affected debtors covid-19.

Perlindungan Hukum Terhadap Konsumen Atas Alat Kesehatan (Masker) Yang Dilakukan Pelaku Usaha Pada Aplikasi Bukalapak Grace Nathalia Amdery; Rory Jeff Akyuwen; Marselo Valentino Geovani Pariela
TATOHI: Jurnal Ilmu Hukum Vol 2, No 7 (2022): Volume 2 Nomor 7, September 2022
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i7.1129

Introduction: The protection of consumer rights and obligations is often neglected because of the attitude of business actors who want to get profit by taking advantage of certain situations and conditions, one of which is where the consumer's need for medical devices in the form of masks is hindered by selling costs that are too high from the market price. Purposes of the Research: The purpose of this study is to answer how the legal protection for consumers for default by business actors on the Bukalapak application is.Methods of the Research: This study uses a normative juridical method by using a statutory and conceptual approach.Results of the Research: The results of this study indicate that in the online sale and purchase agreement, business actors have defaulted on Bukalapak and have resulted in losses to consumers, referring to Article 1243 of the Civil Code which explains about compensation and also Article 19 of the Consumer Protection Act. related to consumer rights to demand compensation. Reimbursement of loss costs must be carried out by Bukalapak for actions taken by business actors in terms of increasing prices unilaterally and Bukalapak must be responsible for the losses incurred.

Pengaturan Mengenai Akibat Hukum Bagi Pelaku Usaha Yang Telah Mendaur Ulang Limbah Sampah Makanan Mario Kusdianto; Rory Jeff Akyuwen; Marselo Valentino Geovani Pariela
TATOHI: Jurnal Ilmu Hukum Vol 2, No 6 (2022): Volume 2 Nomor 6, Agustus 2022
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i6.1124

Introduction: Court decisions that are enforced are relatively soft, they do not cause a deterrent effect for perpetrators of violations. Especially in the food sector, business people are sentenced to 15 (fifteen) days to 8 (eight) months in prison, a probationary period of one year and 6 (six) months, and pay fines ranging from Rp. 50,000 to Rp. 400,000, 00 subsidy 15 (fifteen) days.Purposes of the Research: This paper aims to find out what legal sanctions are imposed on actors in businesses that recycle food waste.Methods of the Research: The method used is a normative juridical research method using a case approach, a statutory approach and a conceptual approach.Results of the Research: The results obtained from the study show that the sanctions regulations imposed on entrepreneurs who recycle food waste are: in Law Number 8 of 1999 concerning Consumer Protection (UUPK) (1) Administrative sanctions, the Consumer Dispute Settlement Agency (BPSK) provides sanctions This is for the duties and/or powers conferred by law. This penalty is stated in Article 60. According to the provisions of Article 60 (1) and (2), the UUPK indicates that the administrative penalty that can be abandoned by BPSK is in the form of determining compensation up to a maximum of Rp. 200,000,000.00 (two hundred million rupiah). (2) Principal Criminal Sanctions, These sanctions are sanctions that can be imposed on entrepreneurs from the courts due to claims for violations. This sanction is stated in Article 62 of the UUPK, this sanction can be applied in two forms, namely, fines or imprisonment. (3) Additional Criminal Sanctions, these sanctions are regulated in Article 63 of the UUPK. The forms of additional criminal sanctions that can be imposed are in the form of confiscation of certain goods, announcement of judge's decisions, payment of compensation, orders to stop certain activities that cause consumer losses, and revocation of business licenses.

Hubungan Hukum Antara Rentenir Dan Debitur Sebagai Peminjam Menurut Kitab Undang-Undang Hukum Perdata Siti Fatima Iha; Merry Tjoanda; Marselo Valentino Geovani Pariela
TATOHI: Jurnal Ilmu Hukum Vol 2, No 9 (2022): Volume 2 Nomor 9, November 2022
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i9.1433

Introduction: The law of treaties in Indonesia is open, namely the granting of the widest possible freedom to anyone to make agreements with the content and nature as desired, as long as they do not violate the law, public order, and morality.Purposes of the Research: The purpose of this study is to be able to find out and explain how the form of the legal relationship between debtors as borrowers and moneylenders in the Civil Code, and to be able to find out and explain how the form of problem solving if the debtor breaks his promise. Methods of the Research: The method used in this study is a normative juridical method with a statutory approach, and a conceptual approach. The legal materials used are primary, secondary and tertiary legal materials. The legal material is analyzed qualitatively in order to answer the problems studied.Results of the Research: Based on the results of the study, it shows that the first problem is the legal relationship between debtors as borrowers and moneylenders is a legal relationship between borrowing and borrowing money, this legal relationship is included in a two-sided legal relationship, namely a legal relationship between two parties accompanied by rights and obligations on each party, both parties each party has the authority/right to request something from the other party, on the other hand, each party is also obliged to give something to the other party. The second problem solving the problem if the debtor breaks his promise is by going through the courts, the loan shark can give a summons to the debtor first or through consensus deliberation by negotiating or negotiating between the two parties, the debtor can request an extension of the time for paying debts to the moneylender.

Perlindungan Hukum Terhadap Member Dalam Sistem Bisnis Multi Level Marketing Rasni Rusli; Teng Berlianty; Marselo Valentino Geovani Pariela
TATOHI: Jurnal Ilmu Hukum Vol 2, No 10 (2022): Volume 2 Nomor 10, Desember 2022
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i10.1441

Introduction: Multi Level Marketing or MLM is a direct or tiered marketing concept as formulated.Purposes of the Research: This study aims to determine and explain government supervision of MLM companies in Indonesia. Methods of the Research: This research is a normative legal research, using a law approach and a conceptual approach. Legal research materials include primary, secondary, tertiary data sources. Data collection techniques in the form of literature study. Techniques for analyzing data on legal materials that were collected and compiled systematically and then reviewed and analyzed qualitatively.Results of the Research: Company PT Amoeba Internasional have run company with binary system but in binary system the use pyramid scheme system by recruiting memers to join this scheme and as the number of people recruited increases, recruitment can no longer be done and most of the members can’t make a profit so in a pyramid scheme it only kills people who are above them and causes losses to members whojust joined or members who are below. As an effort to create protection for members in the MLM business system as well as create supervision and ethics in running a company with an MLM system, it has been regulated in the Regulation of the Minister of Trade of the Republik of Indonesia Number 70 of 2019 regarding the Direct Distribution of Goods and Supported by law Number 7 of 2014 concerning trade.

Restrukturisasi Kredit Sebagai Solusi Bagi Debitur Terdampak Covid-19 Arham Rays Tuanaya; Sarah Selfina Kuahaty; Marselo Valentino Geovani Pariela
TATOHI: Jurnal Ilmu Hukum Vol 2, No 11 (2023): Volume 2 Nomor 11, Januari 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i11.1450

Introduction: This credit restructuring can be carried out on loans or financing provided before or after debtors are affected by the spread of the corona virus disease 2019 (COVID-19) including micro, small and medium business debtors.Purposes of the Research: The purpose of this study was to find out how the procedure for implementing credit restructuring during the COVID-19 pandemic and knowing what the legal consequences of implementing credit restructuring were in credit agreements. Methods of the Research: The research method used is the 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 using data analysis techniques with deductive logic.Results of the Research: Based on the results of the study, it can be concluded that the legal consequences that occur from the implementation of credit restructuring are changes in the agreement between the bank as the creditor and the borrowing customer as the debtor in the rights and obligations of the parties in the credit agreement.

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