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IMPLEMENTASI PENERAPAN PASAL 38 UNDANG-UNDANG NOMOR 28 TAHUN 2014 TENTANG HAK CIPTA SEBAGAI UPAYA PERLINDUNGAN HUKUM KARYA SENI BATIK Agustina Balik
SASI Vol 21, No 1 (2015): Volume 21 Nomor 1, Januari - Juni 2015
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v21i1.318

Batik has a strong background with the nation and the people of Indonesia in all fields and forms of culture and everyday life. Copyright Act No. 28 of 2014 Section 38 (1) which stipulates that copyright to the traditional art of batik in Indonesia, the copyright is held by the state. During the system has not been formed for the protection of Traditional Knowledge, clearly, the whole intellectual creations are based on tradition can refer to the provisions in the UUHC. The protection provided is not confined to the art of batik, but also for folklore and all works of popular culture that became property of the people Indonesia. Indonesian government to provide legal protection to folklore including the art of batik to prevent monopolistic practices or the commercialization and actions damaging or commercial use without permission of the Republic of Indonesia as a copyright holder. This effort is intended to avoid any action that could damage the foreign party of Indonesia's traditional cultural values.

PENGARUH PERDAGANGAN BEBAS AFTA DAN ACFTA BAGI INDUSTRI DALAM NEGERI Agustina Balik
SASI Vol 21, No 2 (2015): Volume 21 Nomor 2, Juli - Desember 2015
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v21i2.186

ASEAN Free Trade Area (AFTA) is a form of trade cooperation ASEAN region in the form ofan agreement to create a situation that is balanced and fair trade through tariff reduction ingoods trade where there is no tariff barriers (import duty 0-5%) and non-tariff barriers forcountry- ASEAN member countries. ACFTA is a free-trade area between ASEAN members andChina. Indonesia as one of the ASEAN member countries still have some obstacles that showsour unpreparedness to face AFTA, which are: in terms of law enforcement, agencies shouldparticipate facilitate trade and business world often appears to be even indicted for corruption. AFTA brings a number of advantages, namely goods originally manufactured with high costs will be obtained consumers with cheaper prices and a region fully integrated together, the ASEAN region will be more attractive as investment land. What to do Indonesia in order to properly facing AFTA and ACFTA and to compete with other countries are: Promotion and market penetration, increase in efficiency of domestic production, Improved quality of human resources, protection of small industries, and efforts to improve the competitiveness of the agricultural sector

TANGGUNGJAWAB PENGUSAHA PELAYARAN DALAM PERJANJIAN KERJA LAUT (PKL) TERKAIT DENGAN JAM KERJA Agustina Balik
SASI Vol 22, No 2 (2016): Volume 22 Nomor 2, Juli - Desember 2016
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v22i2.164

The role of the Sea Working Agreement is very important as a legal umbrella thatprotects the crew. By not including the clause on working hours in the Sea Work Agreement,sometimes the crew may work beyond the prescribed hours of work even if their breaks arereduced if at that time there is urgent work to be done and can not be abandoned. Likewise onholidays every week or official holidays they never enjoy. This has an impact on wagepayments that are inconsistent with working hours and over-hours of crew work. The research method used is normative legal research method to study the aspect ofresponsibility of shipping businessman to Sea Working Agreement which is expected toprovide guarantee of Legal Protection for crew related to working hours. The responsibility ofthe shipping businessman is to make a Sea Working Agreement in accordance with theprovisions of articles 399 and 400 of the Criminal Code, subject to Article 401 KUHD inrelation to the contents of the Sea Work Agreement. Implementation of this responsibility willcreate legal protection for the crew of the vessel in respect of the wages they receive inaccordance with the imposition of working hours specified in Government Regulation Number7 of 2000 on Marine Affairs. Syahbandar must be proactive in paying attention to the makingof the Sea Working Agreement, by reviewing and analyzing the existing clauses so that therights of the crew may be clearly stated in the Sea Working Agreement.

Tanggungjawab Pemerintah Dan Pelaku Usaha Makanan Siap Saji Terkait Penggunaan Wadah Plastik Yang Berbahaya Bagi Konsumen Di Kota Ambon Agustina Balik; Vica Jilyan Edsti Saija
SASI Vol 23, No 2 (2017): Volume 23 Nomor 2, Juli - Desember 2017
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v23i2.103

Plastic containers are the most popular food packaging materials used. Many businesses choose plastic as a container for their products, because the plastic has excellent properties such as: strong but light, practical, cheap and not out of date. Though it use is very dangerous because can happen migration of chemicals from plastic to food wrapped especially in the heat. The role of BPOM (Food and Drug Supervisory Agency) and the Office of Industry and Trade on Consumer Protection has not been effective in socializing the dangers of using plastic as a food packaging container. The research method used is the normative juridical research method to examine the legal material, the provisions of positive law, legal principles, legal principles and legal doctrine to answer the legal issues faced. The form of supervision is part of the function and at the same time is the responsibility of BPOM and the Office of Industry and Trade in the field of Consumer Protection in an effort to provide protection to the community. demanded knowledge and awareness of business actors in choosing containers used to wrap food to be purchased by consumers. Responsibility on the basis of an error may be imposed on a business actor if the business actor makes a mistake that harms another person. While the absolute responsibility of direct business actor is responsible as business risk. Therefore, for a business actor who uses a plastic container that is harmful to human safety, he or she may be held liable for damages

Perlindungan Hukum Terhadap Konsumen Shopee Atas Barang Yang Tidak Sesuai Dengan Deskripsi Produk Ari Apriatman Molle; Teng Berlianty; Agustina Balik
PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 2023 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v1i1.9969

Consumer protection is important considering the speed of science and technology that continues to increase. This study aims to examine legal protection for shopee consumers for goods that do not match the product description and the responsibilities of the shopee party and business actors for consumers who are harmed. The type of research used in this paper is normative legal research. By using the legal approach and the concept approach. Analysis of legal material uses qualitative methods, namely studies related to legal norms contained in laws and regulations and legal norms that exist in society. The qualitative analysis method is carried out by analyzing legal materials based on concepts, theories, laws and regulations, expert opinions, and the views of the authors themselves, then interpretation is carried out to conclude from this research question. The results of this study conclude that legal protection for Shopee consumers is based on the Consumer Protection Act No. 8 of 1999 (UUPK) and the Electronic Information and Transaction Law No. 11 of 2008 (UU ITE) can be seen in the regulation on consumer rights protection. Consumers who are harmed can file a lawsuit that is in line with UUPK and UU ITE so as to provide legal certainty to consumers. The government and society also play an important role through the oversight function. The form of responsibility of the shopee party and business actors for losses suffered by consumers is fully regulated in the terms of use of services available on the shopee shopping site, allowing consumers to report consumer losses, offer Shopee Guarantees, issue refunds to consumers, and protect consumers' personal information and credit cards. . Shopee is fully responsible for consumer losses

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