Teng Berlianty
Fakultas Hukum Universitas Pattimura, Ambon

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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.
Meningkatkan Pemahaman Masyarakat Atas Hak-Hak Konsumen Teng Berlianty; Agustina Balik; Ronald Fadly Sopamena
AIWADTHU: Jurnal Pengabdian Hukum Vol 2, No 1 (2022): Volume 2 Nomor 1, Maret 2022
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/aiwadthu.v2i1.713

Abstract

Introduction: Community service through counseling in Rumberu Village, Inamosol District, West Seram Regency regarding public understanding of consumer rights on October 21, 2021.Purposes of Devotion: This activity aims to increase public understanding of consumer rights so that the people of Rumberu village not only know but also understand their rights as consumers which are protected by law. Method of Devotion: The service is carried out using the lecture method by each presenter in turn. Then the public will be invited to ask questions and they will be answered in turn by the presenters.Results of the Devotion: Through service activities with the title "Increasing Public Understanding of Consumer Rights", the people of Rumberu Village, Inamosol District, West Seram Regency became more aware of consumer protection laws and more specifically, this activity resulted in an understanding of community rights as consumer.
Pelestarian Bahasa Daerah Tanimbar Sebagai Upaya Perlindungan Ekspresi Budaya Tradisional Sasya Luturmas; Teng Berlianty; Agustina Balik
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: This study discusses the preservation of the Tanimbar regional language as an effort to protect traditional cultural expressions in the use of 5 (five) Tanimbar regional languages, namely East Yamdena, Fordata, Selaru, Selwasa, Makatian languagesPurposes of the Research: To find out and analyze how the preservation of the Tanimbar regional language as an effort to protect traditional cultural expressions.. Methods of the Research: This study uses an empirical juridical method by describing or providing an overview of the object under study through interviews and observations.Results of the Research: The results showed that the use of the Tanimbar regional language in 5 regional languages, namely Fordata, East Yamdena, Selwasa, Selwasa and Makatian the number of speakers was very limited or few. Based on the results of the language strength scale, the Tanimbar regional language is in danger of extinction. The inhibiting factor of the Tanimbar regional language is threatened because most parents (families) do not use the local language when communicating with children but prefer to use Ambonese Malay. By re-activating the Tanimbar regional language, the Village Community Empowerment Foundation collaborates with social and religious institutions in equipping local teams with programs for developing reading materials, local content materials, local curriculum content as well as translating spiritual songs, scriptures, sermons, and sing in the local language.
Perlindungan Hukum Merek Produk Jus Pala di Negeri Morella Kecamatan Leihitu Nanda Salsabilla Latukau; Teng Berlianty; Muchtar Anshary Hamid Labetubun
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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Introduction: Entrepreneur who has awareness about brand registration is only whose business is big business, but entrepreneur who has micro, small, and medium enterprise  is not aware of it yet.Purposes of the Research: Analyze the form of legal protection for nutmeg juice products as unregistered trademarks, and how to register nutmeg juice products in negeri Morella Kecamatan Leihitu.Methods of the Research: This research is normative legal researches which use legislation approach to slove legal issues in community. Besides, it is also based on community’s norms and statute. This research uses statute approach which uses legislation and conceptual approach.Results of the Research: The results showed that the nutmeg juice product owned by Micro, Small and Medium Enterprises in Morella Country, Leihitu Sub-district had not been able to get legal protection from the state because it had not been registered. The obstacles faced by the nutmeg juice product brand in registering its brand include an error in writing the production address (village name) of nutmeg juice product in the administrative process, the delay in submitting an administrative error correction, and the lack of cooperative members in managing the nutmeg juice brand so that the perpetrators only focuses on improving its products without paying attention to the importance of patenting its own brand.
Implikasi Putusan Mahkamah Agung Nomor: 3096 K/Pid.Sus/2018 Terhadap Jamaah First Travel Muhamad Angga Ririhena; Teng Berlianty; Sabri Fataruba
TATOHI: Jurnal Ilmu Hukum Vol 1, No 2 (2021): Volume 1 Nomor 2, April 2021
Publisher : Faculty of Law Pattimura University

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Introduction: This research is supported by the Supreme Court Decision Number 3096 K / Pid.Sus / 2018 which in its ruling ordered that First Travel's assets be confiscated and returned to the state treasury, even though the First Travel assets are not actually state assets, but originated from fraud to the First Travel congregation.Purposes of the Research: This study aims to study and analyze the consequences of the Supreme Court decision Number 3096 K / Pid.Sus / 2018 which are detrimental to Jamaah First Travel, and how civil law attempts are made.Methods of the Research: The type of research is juridical normative, while the nature of the research is descriptive analytical with two approaches, namely the statutory approach and the conceptual approach.Results of the Research: The results of the research show that the basis for the consideration of the Supreme Court Judges in the decision Number 3096 K / Pid.Sus / 2018 which considers that First Travel assets are considered as state assets and assets so that they must be confiscated and confiscated for the state is very wrong because the assets owned by First Travel are actually the result of fraud by the First Travel owner against the congregation, so that it must be returned to the First Travel congregation. The legal efforts that have been made by the First Travel congregation are suing the leadership of First Travel Andika Surachman as the Defendant and the Head of the Indonesian Attorney General and the Head of the Depok District Attorney as Co-Defendant and after going through a long trial process finally the Depok District Court, in this case the Panel of Judges who examined and adjudicated the case, decided that the lawsuit could not be accepted for all even though the Chief Judge made a dissenting opinion, on the verdict, the First Travel congregation actually could make an appeal to the High Court, but they did not do it because they had not. believe in the Court.
Pengobatan Alternatif Tradisional Untuk Mencegah Penularan Covid-19 Menurut Perspektif Hukum Kekayaan Intelektual Di Kota Ambon Ronald Saija; Teng Berlianty; Pieter Radjawane
SASI Vol 27, No 2 (2021): Volume 27 Nomor 2, April - Juni 2021
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v27i2.438

Abstract

The success of vaccine development, one of the experiments to cure this virus, namely Traditional knowledge for most people has an important role for food security and the health of millions of people in developing countries. The purpose of this study was to determine and analyze the important role of the creator of traditional alternative medicine concoctions to prevent the transmission of Covid 19 in Ambon City, and the form of legal institutions by the Maluku Provincial Government to grant patents to the creators of traditional alternative medicine concoctions as local wisdom in handling treatment to prevent transmission. covid 19 in Ambon city. This research was conducted using an empirical juridical approach which is a descriptive study of qualitative analysis. The results showed that people in developing countries depend a lot on traditional medicine for up to 80% of their health needs. In addition, knowledge about health plants has become a source of modern medicine. The importance of the Government and society's attention to traditional knowledge and technology systems in Indonesia, especially in the field of herbal medicine. The occurrence of various polemics that often occur in the lives of indigenous peoples related to traditional healing for patients to prevent Covid-19 transmission in Ambon City.
Jual Beli Tanah dan Bangunan Atas Objek Jaminan Utang Meyske Tanamal; Teng Berlianty; Theresia Louize Pesulima
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.v2i4.1097

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Introduction: The transfer of land rights is the transfer of land rights from one party to another, either because of an intentional or unintentional legal act.Purposes of the Research: To study and analyze the process of transferring the sale and purchase of land and buildings that have been used as objects of debt guarantees and to examine and analyze the validity of buying and selling land and buildings that have been used as objects of debt guarantees.Methods of the Research: This research is a normative legal research Results  of the Research: The results of this study The validity of the sale and purchase of land and buildings that have been used as objects of debt guarantee, i.e. if the sale and purchase is carried out, has fulfilled the legal requirements of the agreement according to Article 1320 of the Civil Code, and the process of transferring the sale and purchase of land and buildings that are used as objects of debt guarantees is carried out in several stages, namely: the certificate of the object of sale and purchase must be redeemed first by first settling/paying off the debt, and after being paid off, the land certificate is confiscated/abolished collateral rights at the Land Office. The next stage is the preparation of the sale and purchase and the stage of making the sale and purchase deed before the Land Deed Maker Official, including the payment of the sale-purchase tax. Then the next stage is the registration of the transfer of rights or registration of the sale and purchase deed to the Land Office.
Perlindungan Konsumen Atas Peredaran Hand Sanitizer Palsu Yang Tidak Berstandar Kesehatan Di Masa Pendemi Covid-19 Tresya Klaudia Tutkey; Teng Berlianty; Pieter Radjawane
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.v2i9.1434

Abstract

Introduction: Selling health products without a permit that does not meet standards is of course our right as consumers.Purposes of the Research: To know and understand the supervision of the PERMENKES on the circulation of fake Hand Sanitizers that do not have health standards during the covid-19 pandemic. To examine the protection of consumers for the circulation of fake Hand Sanitizers that do not have health standards during the covid-19 pandemic 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 current research are that consumer protection in fulfilling needs should be obtained by every consumer for health products circulating in the market. However, as time goes by, consumers often get worrisome consequences in terms of health as a result of producers taking shortcuts in order to get as much profit as possible but not matched by the quality improvement provided to consumers. The regulation of the minister of health has a role to maintain the stability of public trust in supervising circulating products, but in reality consumers do not get attention to the circulation of fake hand sanitizers that do not have health standards.
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

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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.
Kajian Yuridis Terhadap Transaksi Jual Beli Online Dengan Menggunakan Fitur Paylater Hijriyanti Hijriyanti; Teng Berlianty; Sarah Selfina Kuahaty
TATOHI: Jurnal Ilmu Hukum Vol 2, No 8 (2022): Volume 2 Nomor 8, Oktober 2022
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i8.1421

Abstract

Introduction: Shopee Paylater is a payment method which means users or consumers will get loans instantly. Each agreement of the parties has an obligation to fulfill achievements to other parties, in practice some of the Consumers do not carry out their obligations properly and correctly, some of the Consumers are not in good faith when carrying out product or service transactions, there are also buyers who do not pay in accordance with the agreed maturity date, therefore the Consumer is deemed to have defaulted.Purposes of the Research: Analyze and review the dispute resolution process if the consumer defaults on the Shopee Paylate payment method. Methods of the Research: : This research is included in normative legal research, namely research examining various positive legal provisions, various legal principles, legal principles and doctrines to answer legal issues faced by.Results of the Research: The results of the study show that the The procedure for carrying out online buying and selling transactions through Shopee using the Paylater feature can be done with the payment method in cash or installments. Furthermore, the process of resolving consumer disputes who default on paylater on the shopee marketplace is by paying a fine of 5% of the total bill and will continue to increase if it is not paid, consumers cannot checkout through shopee and the existing shopee paylater limit will be reduced because of this. the. does not carry out dispute resolution methods through litigation or non-litigation, the Shopee Paylater organizer only takes steps to resolve the dispute internally and provides administrative sanctions for defaulters on the Shopee Paylater usage agreement.