Garuda - Garba Rujukan Digital

MONOPOLY OF STATE-OWNED ENTERPRISE OF SOCIAL JUSTICE Akyuwen, Rory Jeff
Pattimura Law Journal VOLUME 1 ISSUE 2, MARCH 2017
Publisher : Faculty of Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar

The role of the state through BUMN becomes so important when it is formulated in a provision as formulated in Article 33 Paragraph (2) of the 1945 Constitution of the State of the Republic of Indonesia, where the production branches which are important for the State and which affect the livelihood of the public must be controlled by Country. Here it indicates the authority of the State to participate in economic activities through the operation of production branches that can be categorized as important for the State and considered vital and strategic for the interest of the State.This is based on the reasons as formulated in the explanatory section of Article 33 of the 1945 Constitution of the State of the Republic of Indonesia, so that the benefits of the production branches do not fall into the hands of individuals, the State actively takes the role to cultivate it because the production branch is considered important and which control the livelihood of the people for the greatest prosperity of the people. State-Owned Enterprises is formed with the aim of contributing to the development of the national economy in general and the state's revenue in particular; The pursuit of profit; To hold general benefit in the form of providing goods and / or services of high quality and adequate for the fulfillment of the livelihood of the public; Pioneering business activities that have not yet been implemented by the private sector and cooperatives and actively providing guidance and assistance to weak economic entrepreneurs, cooperatives, and communities.SOEs are given the right to monopoly in the economic field which is considered to control the livelihood of many people.

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.

Workshop Kekayaan Intelektual sebagai Upaya Peningkatan Pemahaman dalam Rangka Pengenalan dan Perlindungan Indikasi Geografis Minyak Kayu Putih Namlea Pulau Buru Muchtar Anshary Hamid Labetubun; Rory Jeff Akyuwen; Theresia Nolda Agnes Narwadan
AIWADTHU: Jurnal Pengabdian Hukum Vol 1, No 2 (2021): Volume 1 Nomor 2, September 2021
Publisher : Faculty of Law Pattimura University

Introduction: Indonesia is a country that has many natural resources that have the potential to be related to Geographical Indications, one of which is Putiah Wood Oil originating from Buru Island.Purposes of Devotion: To provide efforts to increase understanding in the context of the introduction and protection of Geographical Indications of Eucalyptus Oil on Buru Island. Method of Devotion: The method used in this activity is in the form of a workshop for the Office of Cooperatives, the Department of Tourism, the Department of Industry and Trade, the Department of Fisheries, the Department of Agriculture and Micro, Small and Medium Enterprises in Namlea, Buru Regency through material presentation and questions and answers.Results of the Devotion: Eucalyptus Oil until now has not Registered as a Geographical Indication product. If this is allowed, it is possible that at one time there could be disputes related to unilateral claims or public deception. Eucalyptus Oil on Buru Island has the potential to be protected as a Geographical Indication and provides legal certainty for Eucalyptus Oil if registration is the main requirement for Wood Oil to obtain legal protection.

Perlindungan Hukum Bagi Pemilik Merek Tidak Terdaftar Nadia Irvan; Rory Jeff Akyuwen; Agustina Balik
TATOHI: Jurnal Ilmu Hukum Vol 1, No 12 (2022): Volume 1 Nomor 12, Februari 2022
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar

Introduction: In Indonesia, trademark rights can be obtained after registering a trademark. However, there are still many business actors who have not registered their trademarks due to a lack of understanding about brands.Purposes of the Research: The purpose of this study is to analyze and examine the legal protection for unregistered trademark owners in Ambon City. Methods of the Research: The method used in analyzing and reviewing is normative juridical using a conceptual framework and legal materials derived from literature studies to solve problems qualitatively.Results of the Research: The results of this study indicate that the brand is a distinguishing mark that must be protected. However, in Indonesia it only protects registered trademarks, it is hoped that in the future Indonesia can provide fair and equitable legal protection for a brand through a combined protection system between a declarative system and a constitutive system. The combined protection system which is intended as a right to a mark is granted to the first user of a mark provided that the first user can prove that he is the first user, and registration is proof of use.

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

Show Abstract | Download Original | Original Source | Check in Google Scholar

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.

Penggandaan Smadav PRO Tanpa Izin Pencipta Ditinjau Dari Undang-Undang Nomor 28 Tahun 2014 Tentang Hak Cipta Akmal Asamahdi Latukau; Rory Jeff Akyuwen; Muchtar A H Labetubun
TATOHI: Jurnal Ilmu Hukum Vol 1, No 6 (2021): Volume 1 Nomor 6, Agustus 2021
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar

Introduction: The development of science as part of the object protected by copyright. One of the creations that are protected by copyright is software, which in this writing is Smadav antivirus software.Purposes of the Research: This study aims to explain and inform about legal arrangements and legal protection to creators regarding the doubling of the Smadav serial number/key in Law Number 28 of 2014 concerning Copyright.Methods of the Research: This study uses normative legal research methods, and the collection of legal materials is carried out by literature study, then analyzed by qualitative means.Results of the Research: The results show that, duplicating the serial number/key from Smadav Pro, there are several factors that influence a person in doing so, including low law enforcement, low public purchasing power for original software, and the rapid development of information technology. Furthermore, if there has been a violation of the software or in this case the duplicating of the Smadav serial number/key, the creators can take steps, namely through mediation, arbitration, or court processes and the application of complaint offenses for criminal charges.

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

Show Abstract | Download Original | Original Source | Check in Google Scholar

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.

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.

Upaya Memaksimalkan Kewang Laut Dalam Pelaksanaan Sasi Laut Novyta Uktolseja; Rory Jeff Akyuwen; Agustina Balik
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.v2i2.1089

Introduction: Efforts to Maximize Kewang Laut in the Implementation of Sasi Laut and as an Effort to Improve Professionalism of Kewang Laut and Sasi Laut, are one of the factors where the community's dependence in this case is related to the protection of kewang in supervising and maintaining marine biota in the marine area of the indigenous peoples.Purposes of Devotion: The purpose of this service is to provide understanding to the community regarding Sasi Laut and Kewang Laut, To strengthen public understanding regarding efforts to maximize kewang Laut in the implementation of Sasi Laut, To socialize and provide understanding to the community about the efforts that can be done in preventing violations of the sea. marine law violation. Method of Devotion: In accordance with the problems and objectives of this service, the type of research used is empirical research, namely a legal research method that uses empirical facts taken from human behavior, both verbal behavior obtained from interviews and real behavior carried out through direct observation. The Problem Approach used is the Conceptual Approach, which is an approach in legal research that provides an analytical point of view of problem solving in legal research seen from the aspects of the legal concepts that lie behind it, or even can be seen from the values contained in the norm.Results of the Devotion: To create a customary law community that is good at utilizing its marine power, the role of kewang sea is needed in the implementation of sea sasi, so the right efforts to overcome the obstacles that hinder the process of optimizing kewang sea are: 1). increase a sense of love for Nature both sea and land. 2). Improving and Empowering Kewang Laut as a marine human resource. 3). Improving and Strengthening the role of kewang Laut. 4). Strengthening Security through Kewang Laut. Thus, the effort to maintain the role of the kewang Laut in its role and function is to be able to maintain and oversee marine biota or natural resources in the country which are the needs of indigenous peoples. For this reason, the customary institution which is the customary government must always be able to oversee every decision issued by the customary stakeholders.

Title

Found 16 Documents
Search

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Title Search

Found 16 Documents Search

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Title

Found 16 Documents
Search