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All Journal Batulis Civil Law Review TATOHI: Jurnal Ilmu Hukum PAMALI: Pattimura Magister Law Review AIWADTHU: Jurnal Pengabdian Hukum SASI
Merry Tjoanda
Fakultas Hukum Universitas Pattimura, Ambon
Law, Crime, Criminology & Criminal Justice

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Penyuluhan Hukum Tentang Keabsahan Perkawinan Pada Masyarakat di Kecamatan TNS Kabupaten Maluku Tengah Barzah Latupono; Adonia Ivonne Laturette; Merry Tjoanda; Galang Djokdja
AIWADTHU: Jurnal Pengabdian Hukum Vol 1, No 1 (2021): Volume 1 Nomor 1, Maret 2021
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (509.179 KB) | DOI: 10.47268/aiwadthu.v1i1.491

Abstract

Introduction: The rise of marriages that are carried out without going through the marriage procedure in the Marriage Law has resulted in many problems regarding the validity of marriage in the Central Maluku district, causing various legal problems in the local community.Purposes of Devotion: Providing legal understanding regarding the validity of marriage in communities in the TNS sub-district, Central Maluku district. Method of Devotion: Performed with the lecture method by each of the presenters. The lecturer is given time to deliver the material, after which the participants are invited to ask a problem or question, which is then answered in turn by the speaker according to the problem being asked.Results of the Devotion: It is important for all circles of society to understand the Marriage Law, this is so that the marriage is carried out in accordance with the law so that it can become a legal marriage.
Karakteristik Hak Cipta Sebagai Objek Jaminan Fidusia Merry Tjoanda
Batulis Civil Law Review Vol 1, No 1 (2020): VOLUME 1 NOMOR 1, NOVEMBER 2020
Publisher : Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/ballrev.v1i1.424

Abstract

A creator has the exclusive right to enjoy his own creation or to give permission to others to use his creation. The purpose of this study is to examine the characteristics of copyright that have the prospect of being used as collateral for credit, because copyright has economic value and can be transferred either entirely or partly because of inheritance, grants, wills, written agreements or other justified reasons. by laws and regulations. The method used is a type of normative legal research with a statutory approach and a conceptual approach. The results show that the characteristics of copyright as a fuduciary guarantee, which is an intangible movable object, can be used as an object of fiduciary security, even though the determination of the value or nominal value of copyright has no standard provisions, but parties can ask for advice from experts.
Akibat Hukum Dari Pemutusan Kontrak Secara Sepihak Nurainy Usman; Merry Tjoanda; Saartje Sarah Alfons
Batulis Civil Law Review Vol 2, No 1 (2021): VOLUME 2 NOMOR 1, MEI 2021
Publisher : Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/ballrev.v2i1.561

Abstract

This study aims to determine how the arrangements for the unilateral termination of the contract/agreement and what are the legal consequences arising from the unilateral termination of the contract. The research method used is normative juridical. The approach used in this research is the statute approach and the case approach, and the conceptual approach. The conclusion of the research results is that; contract termination arrangements and legal consequences are regulated in Articles 1266, 1267, 1243 and 1365 of the Civil Code. The conditions for an agreement to be canceled unilaterally are that the agreement must be reciprocal, there is default, and the cancellation must be requested from the judge. Unilateral termination of the agreement due to default without going through the court is an act against the law. The legal consequence of the unilateral termination of the agreement due to default is a claim for compensation from the party who feels aggrieved. The Civil Code does not explicitly regulate the differentiation of compensation as a result of default with compensation as a result of an act against the law. Based on the research results, it is found that compensation as a result of default is compensation in the form of material, while compensation for an illegal act is compensation in the form of material and immaterial. It is hoped that in the future there will be clear regulations regarding compensation as a result of default and compensation as a result of acts against the law.
Perlindungan Hukum Terkait Kepemilikan Tanah Oleh Pihak Ketiga Berdasarkan Putusan Peninjuan Kembali Maxie Sinay; Merry Tjoanda; Ronald Saija
TATOHI: Jurnal Ilmu Hukum Vol 2, No 3 (2022): Volume 2 Nomor 3, Mei 2022
Publisher : Faculty of Law Pattimura University

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Abstract

Introduction: Legal protection related to land ownership by third parties based on the request civil Number 339 PK / Pdt / 2013.Purposes of the Research: Reviewing and discussing forms of legal protection for land ownership by third parties. Methods of the Research: This research uses the juridical normative method by using a statutory approach, a conceptual approach, and a case approach.Results of the Research: The results of the study show that based on the Judicial Review Decision No. 339/PDT/2013. Lenny as the plaintiff is the legal owner based on the transfer of Ownership rights to the land according to Article 20 of Law No. 5 of 1960 concerning Basic Agrarian Regulations Jo. Article 37 PP No. 24 of 1997 concerning Land Registration and the land sale and purchase agreement made by Lenny was in accordance with the terms of the agreement as referred to in Article 1320 of the Civil Code. Lenny also has an Object of dispute in good faith. The object of the dispute must be executed immediately and against a civil lawsuit by the opposing party, namely Tan Pallar as long as the lawsuit is about the same object of the lawsuit and the subject of the same lawsuit in the same relationship, then the lawsuit must be rejected because there has been a previous decision, namely the Judicial Review Decision No. 339 PK/PDT/2013 which already has permanent legal force.
Tanggung Jawab Pengangkut Terkait Ketersediaan Fasilitas Penumpang Di Atas Kapal Novela Pattipawaej; Merry Tjoanda; Agustina Balik
TATOHI: Jurnal Ilmu Hukum Vol 2, No 2 (2022): Volume 2 Nomor 2, April 2022
Publisher : Faculty of Law Pattimura University

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Abstract

Introduction: Ship passengers as sea carriers, are entitled to legal protection from the transportation company.Purposes of the Research: This writing aims to examine and discuss the responsibilities of the carrier related to the availability of passenger facilities on board the ship and to examine and discuss the role of the Syahbanddar in carrying out the supervisory function at the port. 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 research, currently the responsibility of the carrier has not been maximized in providing passenger facilities on the ship because the tickets provided exceed the number of seats on the ship so that some passengers do not get comfortable and safe facilities such as seats which are their rights in accordance with the provisions in Law Number 17 of 2008 concerning Shipping Article 40 paragraph (1). Therefore, the carrier must provide a ticket only based on the number of seats on the ship. This is also inseparable from the role of Syahbanddar as a supervisory body because it is deemed not optimal in carrying out its authority so that there are still stowaway passengers and brokers who trigger more cargo than the tickets provided by the carrier. For this reason, Syahbanddar must be proactive in terms of monitoring the sale of passenger tickets so that there is no overload on the ship.
Perlindungan Hukum Terhadap Kurir Dalam Sistem Cash On Delivery Helmi Djardin; Merry Tjoanda; Muchtar Anshary Hamid Labetubun
TATOHI: Jurnal Ilmu Hukum Vol 2, No 1 (2022): Volume 2 Nomor 1, Maret 2022
Publisher : Faculty of Law Pattimura University

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Abstract

Introduction: The Cash On Delivery method is often used by the public in online purchases, the lack of public knowledge of the Cash On Delivery payment system creates new problems when the purchase of goods does not match, the buyer does not want to pay for his order and threatens and violence against the courier.Purposes of the Research: Analyze and examine how the rights and obligations between the parties in online transactions with the Cash On Delivery system and how the legal protection of couriers in the Cash On Delivery system. Methods of the Research: This research is included in normative legal research, namely research examining positive legal provisions, legal principles. Legal principles and doctrines to answer the legal issues faced.Results of the Research: In buying and selling online using the Cash On Delivery system, there are parties involved, namely the marketplace, sellers, consumers, and shipping service companies (couriers). This sale and purchase creates rights and obligations that must be fulfilled, in this case there are no regulations that specifically regulate the protection of couriers, but the employer company is required to provide protection to its workers. The company is responsible for occupational safety and health, including work accidents.
Perlindungan Hukum Konsumen Terkait Jual Beli Tiket Pesawat Secara Online Moh Jihad Labetubun; Merry Tjoanda; Muchtar Anshary Hamid Labetubun
TATOHI: Jurnal Ilmu Hukum Vol 1, No 12 (2022): Volume 1 Nomor 12, Februari 2022
Publisher : Faculty of Law Pattimura University

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Abstract

Introduction: Development of transportation, especially air transportation, is now growing very rapidly, supported by today’s technology, this also causes various kinds of problems, especially in buying and selling airplane tickets online, many complaints from consumers such as delays in confirming e-tickets that have been purchased, unilaterally increase the interests of the travel party which is certainly very detrimental to the consumer.Purposes of the Research: The obectives of this research are: to find out and analyze business actors in selling airplane tickets online is against consumer losses. This research includes normative legal research conducted with a legal  and conceptual approach. Data collection techniques by means of literature study, documents study. Methods of the Research: The type of research is normative juridical, with two approaches, namely the conceptual approach and the legal approach.Results of the Research: Bassed on the result of the study, it shows that consumer protection in buying and selling airplane tickets online has not been running properly because the Consumer Protection Act can be implemented because business actors are still obligated, prohibited and have consumen rights. Especially in providing correct, clear and honest information. This is because business actors are solely looking for their own profit. Consumer results get guarantees for consumer rights. The responsibility of the business actor or seller here is to make compensation based on Article 19 parragraph (1) of Law Number 8 of 1999 concerning Consumer Protection.
Perlindungan Konsumen Produk Ikan Mentah Di Pasar Arumbai Mardika Ambon Terkait Ketersediaan Fasilitas Sanitasi Marsye R Leterulu; Merry Tjoanda; Agustina Balik
TATOHI: Jurnal Ilmu Hukum Vol 1, No 5 (2021): Volume 1 Nomor 5, Juli 2021
Publisher : Faculty of Law Pattimura University

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Abstract

Introduction: The arumbai market as the largest raw fish sales center in Ambon city, is known to have inadequate availability of sanitation facilities and clean water causing raw fish business actors to use sea water that has been contaminated by domestic waste. Resulting in fish being traded to be unhealthy and fresh.Purposes of the Research: To find out and analyze consumer protection for raw fish products in the Arumbai market regarding sanitation facilities and the responsibilities of business actors and managers in providing hygienic raw fish products.Methods of the Research: The research method used is normative juridical, which is focused on providing explanations that explain a particular category. Approach the problem of the statute approach (statute approach) and the conceptual approach (conceptual approach). The collection of legal materials through primary legal materials is then free from secondary legal materials. The processing and analysis of legal materials is described in a qualitative way with the aim of describing the findings in the field.Results of the Research: The absence of legal protection and certainty for consumers of raw fish in the arumbai market, where fish traders do not guarantee the quality of fish to keep it fresh. However, they freely use polluted water to soak the fish. This is because fish traders do not have awareness of their obligations as business actors. And the Government as an institution that is authorized and responsible to the community does not play an active or irresponsible role in supervising and controlling sanitation and clean water facilities at the Arumbai market. Arumbai market fish traders are not aware of their obligations as business actors. So that their responsibility in providing hygienic raw fish is not fulfilled. Market managers, arumbai business actors do not cooperate with the city government to provide sanitation and clean water facilities.
Pembagian Harta Waris Kepada Ahli Waris Dari Perkawinan Pertama Dan Kedua Ditinjau Dari Kitab Undang-Undang Hukum Perdata Weldo Parinussa; Merry Tjoanda; Barzah Latupono
TATOHI: Jurnal Ilmu Hukum Vol 1, No 4 (2021): Volume 1 Nomor 4, Juni 2021
Publisher : Faculty of Law Pattimura University

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Abstract

Introduction: The distribution of inheritance to the heirs of the first and second marriages in terms of the civil law code. Regarding the inheritance controlled by the children of the second wife without sharing with the children of the first wife after the death of the father.Purposes of the Research: The purpose of this study is that inheritance can be divided fairly according to civil law.Methods of the Research: The research method used is juridical normative, the problem approach used in the research is the statutory approach and the conceptual approach. Sources of legal materials used are primary, secondary and tertiary legal materials. The technique of collecting legal materials used in this study is a research library, then analyzed using qualitative methods.Results of the Research: The results of the study show that if the husband who dies leaving children from both the first wife and the second wife is an heir, then when the inheritance is open to be divided, according to article 35 paragraph (1) of the marriage law, it is stated that property obtained by marriage becomes property. together, then the property must be divided into 2 parts first, where the part becomes the right of the husband and becomes part of the wife in accordance with the provisions on the distribution of joint assets based on Article 128 of the Civil Code. Then the children will get a share from the father's side and the mother's side because civil law adheres to the bilateral principle in the distribution of inheritance and the inheritance share of boys and girls is not distinguished so that they each get the same amount. And after the father remarries, there will be a distribution of assets after the father dies to the children from the first and second marriages. Based on the provisions of Article 852 of the Civil Code: Children or descendants, even though born and various marriages, the inheritance of their parents, their grandparents, or their subsequent blood relatives in a straight line upward, regardless of gender or birth first.
Hak Atas Tanah Dan Bangunan Berdasarkan Pelepasan Hak (Studi Kasus Putusan MA Nomor 2523 K/Pdt/2015) Gabriella Patricia Trinita Tomasoa; Merry Tjoanda; Jenny Kristiana Matuankotta
TATOHI: Jurnal Ilmu Hukum Vol 1, No 3 (2021): Volume 1 Nomor 3, Mei 2021
Publisher : Faculty of Law Pattimura University

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Abstract

Introduction: In obtaining land rights, it can be obtained through transfer of rights as regulated in the Agrarian Law (UUPA). One of the ways to transfer of rights is by transferred rights, which means that the transfer of the right of ownership from the owner to another party is due to a legal act. However, in committing a legal act, the party who transfers the property rights is carried out on the basis of bad faith, in which the first party turns out to be committing a legal act on the land object which is not the right of ownership of the first party to the second party and also to the third party over the same land object that cause a dispute because of the act against the law made by the first party.Purposes of the Research: The purpose of this paper is to determine the procedure for acquiring rights to land and buildings based on the relinquishment of rights and legality of ownership of land based on the relinquishment of rights.Methods of the Research: The research method used is normative research with analytical descriptive type through a conceptual approach, a statutory approach, and case studies. The method of collecting legal materials used is library research.Results of the Research: Based on the results of the research: first, the procedure for obtaining rights to land and buildings, the rights are transferred or released due to a legal act. Acquisition of rights is carried out based on applicable legal procedures or provisions. Second, in transferring rights, only entitled persons can take legal actions to avoid cause of disputes and losses of other parties.
Co-Authors Adonia Ivonne Laturette Agustina Balik Barzah Latupono Bayu Sapto Aji Erwin Simaremare Fivanti Filberth Khoemarga Gabriella Patricia Trinita Tomasoa Galang Djokdja Hamada Reinaldy Mantulameten Helmi Djardin Irfan Prawira Idris Jenny Kristiana Matuankotta Jihan Ainun Mardian Septyawati Jihan Rizki Putri Permono Kristin Atihuta Marselo Valentino Geovani Pariela Marsye R Leterulu Maxie Sinay Moh Jihad Labetubun Muchtar Anshary Hamid Labetubun Nancy Silvana Haliwela Novela Pattipawaej Novyta Uktelseja Novyta Uktolseja Nurainy Usman Pieter Radjawane Ronald Fadly Sopamena Ronald Saija Saartje Sarah Alfons Sarah Selfina Kuahaty Sarmila Walalayo Siti Fatima Iha Stevi Josua Leimena Theresia Louize Pesulima Vina Ramadhina Malawat Weldo Parinussa Yared Hetharie Yosia Hetharie