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All Journal TATOHI: Jurnal Ilmu Hukum PAMALI: Pattimura Magister Law Review AIWADTHU: Jurnal Pengabdian Hukum SASI
Sarah Selfina Kuahaty
Fakultas Hukum Universitas Pattimura, Ambon
Law, Crime, Criminology & Criminal Justice

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Pendidikan Perlindungan Konsumen Kepada Masyarakat Desa Di Kecamatan Teon Nila Serua Kabupaten Maluku Tengah Sarah Selfina Kuahaty; Teng Berlianty; Theresia Louize Pesulima; Agustina Balik; Maichel Lesnussa
AIWADTHU: Jurnal Pengabdian Hukum Vol 1, No 2 (2021): Volume 1 Nomor 2, September 2021
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (546.129 KB) | DOI: 10.47268/aiwadthu.v1i2.656

Abstract

Introduction: Lack of public understanding of civil rights owned, bringing its legal problems for the community. This is the basis of consideration of the Civil Law Section of the Faculty of Law, Pattimura University to conduct community service activities as a form of implementation of the Tri Dharma of universities, one of the legal topics presented is related to consumer protection issues.Purposes of Devotion: Providing an understanding of consumer protection law of the community, especially the community in 3 (three) villages in Teon Nila Serua sub-district, namely Layeni village, Wotay village, and Lesluru village. Method of Devotion: Method of Dedication is using legal counselling to the community in 3 (three) villages in Teon Nila Serua district of central Maluku Regency.Results of the Devotion: In the implementation of these activities, it is known that many consumer problems such as buying goods that have been offered, goods that have defects, or sometimes goods that have been damaged, such as rice or sugar but purchased because they are deceived by low prices, which turns out to be detrimental to society. As consumers, the public does not know that they can raise objections and demand their rights back. Providing legal education, especially consumer protection, can make society an intelligent consumer.
Perlindungan Hukum Bagi Penerima Waralaba Dalam Pemutusan Perjanjian Secara Sepihak Arifin Rappe; Sarah Selfina Kuahaty; Theresia Louize Pesulima
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: A franchise agreement is a special agreement or also called an anonymous agreement, because it is not found in the Civil Code.Purposes of the Research: This writing aims to examine and discuss legal protection for franchisees related to unilateral termination of agreements made by the franchisor. Methods of the Research: The method used is a normative juridical research method using a statutory approach and a conceptual approach.Results of the Research: The results obtained from the research, the impact of unilateral termination of the agreement causes franchisees to sue and resolve disputes by way of deliberation by giving a warning or subpoena and also through out-of-court channels in accordance with Law Number 30 of 1999 paragraph (1) concerning Arbitration and alternative dispute resolution. This is also inseparable from the franchisor's responsibility for unilaterally terminating the agreement to the franchisee and the franchisee has the right to claim losses in accordance with Article 1243-1252 of the Civil Code.
Pelaksanaan Jaminan Fidusia Di Masa Pandemi Covid-19 Revandio Hendruno Moenandar; Rory Jeff Akyuwen; Sarah Selfina Kuahaty
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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Abstract

Introduction: The case of Credit Agreement and Debt Recognition with a fiduciary guarantee that occurred between Roberth Gomies as a debtor and PT. Sinar Mas Multifinance (PT. SMMF) as a creditor with a guarantee of 1 (one) unit of Public Transport Vehicle. In this case, the payment made by Robert Gomies experienced a payment delay due to the corona virus outbreak 19. So the vehicle used as credit collateral in the fiduciary agreement was forcibly/unilaterally withdrawn without the knowledge and permission of the debtor.Purposes of the Research: Knowing and Reviewing Forms of Protection for Fiduciary Guarantees in the Covid 19 Pandemic Period and Execution Mechanisms for Fiduciary Guarantees in the Covid 19 Pandemic Period. Methods of the Research: The method used is normative legal research. The research approach is a statutory approach and a conceptual approach. Sources of legal materials used are primary legal materials, secondary legal materials, and tertiary legal materials. The technique of collecting legal materials is through literature study and then analyzed through a perspective using qualitative methods.Results of the Research: The results of the study show that the procedure for withdrawing the object of fiduciary security must refer to the Regulation of the National Police Chief Number 8 of 2011 which is carried out by the creditor or his proxies must submit a request for securing the execution of the withdrawal of the fiduciary object which is made in writing addressed to the local police chief by attaching the following conditions: the following conditions, a. a copy of the fiduciary guarantee deed, b. a copy of the fiduciary guarantee certificate, c. A warning letter to the debtor to fulfill his obligations. d. The identity of the executor of the execution, e. Executioner's assignment letter. In addition, the Constitutional Court Decision Number 18/PUU-XVII/2019 has also provided legal certainty for fiduciary guarantee.
Perlindungan Tenaga Kerja Tanpa Kontrak Kerja Pada Kapal Penangkap Ikan (Bobo) Nila Juwita Mahulette; Sarah Selfina Kuahaty; Sabri Fataruba
TATOHI: Jurnal Ilmu Hukum Vol 1, No 9 (2021): Volume 1 Nomor 9, November 2021
Publisher : Faculty of Law Pattimura University

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Abstract

Introduction: Protection of Workers who work without an employment contract on fishing vessels owned by CV Tehoru. In carrying out work between workers and employers, there must always be a contract or work agreement.Purposes of the Research: Analyzing and Reviewing how to pay responsibilities to fishing workers by CV Tehoru as the employer.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 legal issues faced.Results of the Research: CV Tehoru uses a time unit wage system and a unit wage system. The time unit wage can be given by the employer based on the working time, that is, a matter of hours, days or a month, while the unit wage can be given based on the income result in accordance with the work agreement between the two parties. Although wages are based on units of result and units of time, a company must also adhere to a legal system that regulates drinking wages which are regulated by the central government or local governments.
Itikad Baik Konsumen Dalam Pemanfaatan Air Bersih Dominggus Pier Usmany; Sarah Selfina Kuahaty; Theresia Louize Pesulima
TATOHI: Jurnal Ilmu Hukum Vol 1, No 8 (2021): Volume 1 Nomor 8, Oktober 2021
Publisher : Faculty of Law Pattimura University

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Abstract

Introduction: Some of the findings of cases carried out by the Regional Drinking Water Company of Ambon City, in fact, consumers as customers do not use clean water in accordance with the Consumer Protection Law which regulates consumer obligations, especially consumers' good ethics towards companies.Purposes of the Research: To find out the form of consumer good faith in the use of clean water and legal remedies that can be taken by business actors against consumers who do not have good intentions in the use of clean water.Methods of the Research: The method used is normative legal research. The research approach is a statutory approach and a conceptual approach. Sources of legal materials used are primary legal materials, secondary legal materials, and tertiary legal materials. The technique of collecting legal materials is through literature study and then analyzed through a perspective using qualitative methods.Results of the Research: The results of the study indicate that consumers/customers are obliged to carry out their obligations to the Regional Drinking Water Company of Ambon City. Legal Efforts to resolve disputes, broadly speaking, there are two models of civil dispute resolution, namely litigation and non-litigation. These two types of dispute resolution models are anticipated when a dispute cannot be resolved with only one settlement model. Consumers who have obtained their rights from the Regional Drinking Water Company of Ambon City/business actors but they do not have the good faith to carry out their obligations may be subject to sanctions.
Perlindungan Hukum Pemegang Hak Cipta terhadap Pelanggaran Melalui Aplikasi Telegram Martha Elizabeth Sutrahitu; Sarah Selfina Kuahaty; Agustina Balik
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 cinematographic works is so much at this time, especially in the channel on the Telegram application.Purposes of the Research: Know the form of legal protection of cinematographic copyright holders whose rights are violated on the telegram application, as well as the legal consequences for the parties who commit the violation.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: Based on research, currently the distribution of cinematographic works without a creator or copyright holder is a violation that results in losses for both creators and copyright holders, but to prevent such violations there are protections provided to protect cinematographic works, including: preventive legal protection with limitations in several laws such as UUHC and UU ITE as well as providing Joint Regulations MENKUMHAM and MENKOMINFO regarding the Implementation of Closure of Content and/or Related Rights in Electronic Systems, repressive legal protection in the form of non-litigation efforts that focus on efforts to settle out of court (Alternative disputes and arbitration institutions), as well as litigation efforts carried out through the courts. Commercial Court and report closure of content and/or access rights). The legal consequences that are accepted for those who feel aggrieved, because the application is a loss and the legal consequences for those who violate the cinematographic works are subject to sanctions.
Perlindungan Hukum Rahasia Dagang Terhadap Produk Skincare Home Industry Wellastry Yamin; Ronald Saija; Sarah Selfina Kuahaty
TATOHI: Jurnal Ilmu Hukum Vol 2, No 4 (2022): Volume 2 Nomor 4, Juni 2022
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i4.1098

Abstract

Introduction: The high interest of skincare home industry products has made these product business actors mushrooming in almost all e-commerce platforms.Purposes of the Research: The purpose of this research is to examine and discuss the legal protection of intellectual property rights for skincare home industry products.Methods of the Research: This research was conducted with a normative juridical research type using a statute approach. To answer the existing problems, the author collects legal materials through literature studies and analyzes them using qualitative analysis methods.Results of the Research: The results of this research indicate that the legal protection that can be obtained by skincare home industry product owners in the field of trade secrets is related to confidential information that has commercial value, related to production, processing, sales, or other technical and/or economic information that has economic value and is unknown in general in the manufacture of these products. Then, the form of legal protection can be in the form of making a written agreement based on a consulting contract as a legal effort to protect his trade secrets, as well as filing a claim for compensation, using alternative dispute resolutions, and/or filing criminal charges, if there has been a violation.
Tanggung Jawab Pelaku Usaha Obat Herbal Atas Pencantuman Nomor Izin Edar Fiktif Bayu Sapto Aji; Merry Tjoanda; Sarah Selfina Kuahaty
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.v2i7.1128

Abstract

Introduction: Health is an important element in human life. One of the factors that support health is the drug used.Purposes of the Research: The purpose of this study is to find out and explain the responsibility of herbal medicine business actors for the inclusion of a fictitious distribution permit number in Ambon CityMethods of the Research: The method used in this research 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.Result of the Research: As a result of the actions of business actors who unlawfully cause harm to consumers by including fictitious NIE on herbal medicinal products, business actors must be responsible based on the principle of error. Because of the bad faith mistake of the business actor who intentionally includes a fictitious NIE to obtain the maximum profit, the consumer will be greatly harmed when consuming the herbal medicinal product. Violations committed by these business actors need to get the attention of the government through the Food and Drug Supervisory Agency with the supervisory function carried out. Ambon City BPOM in carrying out its supervisory function related to the circulation of herbal medicines with the fictitious NIE has been intensively carried out in collaboration with other relevant agencies so that violations by herbal medicine business actors are still found in Ambon City.
Tanggung Jawab Pemilik Dalam Perjanjian Jual Beli Hasil Pohon Fivanti Filberth Khoemarga; Merry Tjoanda; Sarah Selfina Kuahaty
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.v2i6.1123

Abstract

Introduction: The sale and purchase agreement of tree products made by the community in Negeri Nolloth, Saparua District, Central Maluku Regency which is carried out between the seller and the buyer is an agreement in which one party binds himself to deliver an item, and the other party pays the promised price.Purposes of the Research: Therefore, this paper aims to analyze and discuss about sale and purchase agreement of tree products in Nolloth, Saparua District, Central Maluku RegencyMethods of the Research: This research uses normative juridical and sociological juridical research types with this type of research being descriptive analytical. The techniques for collecting legal materials are primary legal materials, secondary legal materials and tertiary legal materials. The technique of collecting is through literature study and then analyzed by means of description using qualitative methods.Result of the Research: The results obtained from this study are the sale and purchase agreement made orally by both parties is a legally valid agreement and the parties involved have fulfilled the requirements for the occurrence of an agreement so that it has become a responsibility and gives rise to rights and obligations to both parties. parties, but the seller cannot carry out its obligations and has no responsibility to the buyer after this agreement is implemented due to price increases so that the seller takes the proceeds from the tree that has been sold to the buyer which causes the buyer to suffer losses so the seller must be responsible under Article 1365 of the Law - Civil Law Act and, therefore, the legal consequences, the buyer can claim compensation from the seller. And also there is compensation that must be given to the buyer by the seller in the State of Nolloth, Saparua District, Central Maluku Regency.
Penyuluhan Hukum Tentang Perlindungan Konsumen Terhadap Penggunaan Bahan Tambahan Pangan Theresia Loize Pesulima; Sarah Selfina Kuahaty; Sabri Fataruba; Ronald Fadly Sopamena
AIWADTHU: Jurnal Pengabdian Hukum Volume 2 Nomor 2, September 2022
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/aiwadthu.v2i2.1057

Abstract

Introduction: In running their business, business actors, especially business actors engaged in the culinary field, try to make the food or drinks they serve attract consumers' intentions to buy. Not infrequently, in order to beautify the appearance of food, they use food additives (BTP).Purposes of Devotion: This service aims to make the Toisapu village community better understand their rights as consumers, especially for the use of food additives (BTP) in the food and beverage products they consume. Method of Devotion: This counseling is carried out by presenting material by resource persons and followed by discussion and question and answer from the community.Results of the Devotion: The Toisapu village community, the majority of which work as fishermen, farmers and motorcycle taxi drivers, are consumers who consume food and beverage products that contain BTP, so it is necessary to understand the residents of Toisapu village as consumers who have rights guaranteed by law. In addition, as consumers, the residents of Toisapu village must be careful and selective in choosing the food and beverage products they consume.
Co-Authors Agustina Balik Arham Rays Tuanaya Arifin Rappe Barzah Latupono Bayu Sapto Aji Dominggus Pier Usmany Fernando Tantaru Fivanti Filberth Khoemarga Hijriyanti Hijriyanti Jenny Kristiana Matuankotta Jihan Ainun Mardian Septyawati Jihan Maisarah Julian Marsel Kaisiry Maichel Lesnussa Marselo Valentino Geovani Pariela Martha Elizabeth Sutrahitu Merry Tjoanda Nila Juwita Mahulette Revandio Hendruno Moenandar Ronald Fadly Sopamena Ronald Saija Rory Jeff Akyuwen Sabri Fataruba Semuel Willem Simaela Teng Berlianty Theresia Loize Pesulima Theresia Louize Pesulima Wellastry Yamin Yoseph Batlolona