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Pelaksanaan Gadai Tanah Menurut Masyarakat Adat Madura Khomaizah Khomaizah; Merry Tjoanda; Jenny Kristiana Matuankotta
PATTIMURA Legal Journal Vol 2 No 2 (2023): Agustus 2023 PATTIMURA Legal Journal
Publisher : Program Studi Doktor Ilmu Hukum Pascasarjana Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pela.v2i2.10496

Introduction: Agricultural land mortgage is the act of transferring land rights to another person which is done clearly and in cash, the party who transfer the title has the right to redeem the land. Than the transfer of land rights to the pawn is temporary. Facts in the field pawn land is done in a customary way, wich causes the mortgage time to last for years. This contradicts which law No. 5 of 1960 agrarian basic regulations and 7 paragraph 1 of law No. 56 of 1960 the determination of agricultural area. Purposes of the Research: This study aims to analyze the implementation of land pawning in the madurese indigenous people. Methods of the Research: The research approach method used is a statutory approach and a conceptual approach. The bahan hukum obtained in the form of primary bahan hukum and secondary bahan hukum and tertiary bahan hukum. This type of research is normative research through literature study. Bahan hukum were analyzed by qualitative analysis by presenting bahan hukum in narrative form. Results Originality of the Research: The results of the study show that the practice of pawning agricultural land in the madurese community continues for years, even to the customary heirs there. And do not follow according to the provisions 7 paragraph 1 of law No. 56 of 1960 the determination of agricultural area. This requires legal protection against the implementation of land pledges that are nt in accordance with artcle 7 of law No. 56 of 1960. The land mortgages that exceed 7 year must be returned to the owner without ransom. As well as legal consequences for the implementation of land pawning without a time limit that occurred in Waru Pamekasan Madura, that can be subject to a 3-mont sanction and or a maximum fine of 10.000.

Sewa Menyewa Tanah Warisan Tanpa Izin Ahli Waris Yang Lain Julkipli Sameth; Merry Tjoanda; Sabri Fataruba
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.v1i1.10829

ABSTRACT: Therefore, if one of the heirs makes a transaction on the inheritance, they must obtain permission or approval from the other heirs. However, in reality there are still heirs who carry out transactions on inheritance without permission or approval from other heirs, as happened in the case of land leases carried out by Johanis Salamahu and Mrs. Magdalena Peilaouw with PT Haka Aston, where Johanis did not involve heirs. Other, The method used in this paper is a normative juridical method with a statutory approach and a conceptual approach. The results of the study show that there is no regulation that specifically regulates the procedure for leasing land which is jointly owned by the heirs. However, in general, the things that should be considered are that the agreement must be known to all heirs, the existence of a power of attorney for the heirs for someone who is given the right to lease the inherited land, the existence of the area, address and location of the object of the agreement, the time period, the agreed price, and land use. While the legal consequences arising from the existence of an Inherited Land Lease Agreement by one of the heirs with PT Haka Aston without the knowledge of the other heirs, namely the agreement must be declared null and void because objective conditions are not met, namely a certain matter. One thing is certain, namely the rights and obligations of the other heirs are not fulfilled, because the land which is the object of the lease is jointly owned by the heirs, so to be able to lease it, you must obtain permission or approval from the other heirs.

Perlindungan Hukum Kepada Kreditur Dalam Perjanjian Kredit Dengan Jaminan Hak Tanggungan Pusnia Abdul Munsir; Merry Tjoanda; Ronald Fadly Sopamena
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.v1i1.10833

ABSTRACT: In order to make ends meet, humans need to work and try, one of which is by starting their own business, for businesses, capital is needed and in obtaining capital, one of them is by making loans to banks. Default, the creditor has the right to execute the collateral in accordance with the provisions of Law No. 4 of 1996 concerning Mortgage Rights on Land and Objects Related to Land. Even though the creditor's rights have been stipulated in the law, however, when the debtor defaults and when the execution process is ongoing, the debtor fights against the creditor which results in the execution process being delayed and because of this it causes the creditor to suffer losses. The purposes of this study are: To find out and explain how the position of the creditor is in a credit agreement with a mortgage guarantee, To find out and explain how the legal protection for creditors is in a credit agreement with a mortgage guarantee. The method used in this research is normative juridical. And using a statutory approach as well as a conceptual approach, with legal materials consisting of primary, secondary and tertiary legal materials which are analyzed qualitatively. The results of this study indicate that the position of the creditor in the credit agreement with collateral rights has been regulated in the provisions of Article 1 point 1 of Law no. 4 of 1996 concerning Mortgage Rights on Land and Objects Related to Land, based on the explanation of the article that the creditor's position in the Mortgage Right is to have a priority position and has the right to precede other creditors in paying off debts. And creditors who have prior rights are also called Preference Creditors. There are two types of legal protection for creditors, namely preventive legal protection which aims to prevent problems or violations by giving a warning in carrying out an obligation. And repressive legal protection is a last resort in the form of sanctions such as fines, imprisonment, and additional penalties given when a dispute has occurred or a violation has been committed.

Hak Paten Sebagai Objek Jaminan Fidusia Putra Leonardo Sopamena; Merry Tjoanda; Yosia Hetharie
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.v1i1.10834

ABSTRACT: After the issuance of Law no. 24 of 2022 concerning the Creative Economy paving the way for the imposition of intellectual property rights as fiduciary guarantees, however, the mechanism and filing of patent rights are not explicitly explained in Law no. 42 of 1999 concerning Fiduciary Guarantees. The purpose of this study is to discover and study the determination of indicators for valuation of patents as objects of fiduciary guarantees and to review the mechanism for filing patents as objects of fiduciary guarantees. The method used in this study is normative juridical with statutory approach (statute approach) and the concept approach (conceptual approach). The legal materials used are primary legal materials, secondary which was analyzed qualitatively. The results of the study show that there are several indicators that can used to determine the value (valuation) of patent rights in the case of filing as fiduciary guarantees, namely the cost-based approach, the market approach (market based approach), and income approach (income based approach). The mechanism for submitting patent rights as objects of fiduciary guarantees is not voluntary specifically regulated in statutory provisions, but referring to Law Number 42 of 1999 concerning Fiduciary Guarantees in conjunction with Government Regulation Number 46 of 2020 regarding the Requirements and Procedures for Registration of Patent Transfers, then it can be done by filing an application for registration of patent transfer, as well as attaching supporting documents in the form of patent documents, copies of the agreement deed, power of attorney especially for applications submitted by proxy, proof of payment of the application fee, proof of payment of the annual fee for a patent, proof of recording of a patent license agreement has been given to other parties, a copy of the fiduciary guarantee certificate, and approval in writing from the fiduciary recipient if the right to a patent is used as the object of fiduciary guarantees, and a copy of the Presidential Regulation regarding the implementation of patents by the government.

Itikad Baik Pelaku Usaha Dalam Transaksi Jual Beli Online Yunus Hitipeuw; Merry Tjoanda; Sarah Selfina Kuahaty
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.v1i1.10837

ABSTRACT: Good faith is one of the efforts to provide legal protection to consumers in online buying and selling transactions. The research objective to be achieved by the author is how the good faith of business actors forms in online buying and selling transactions. And to find out and analyze how the responsibilities of business actors who do not have good intentions. This research is a problem approach using primary legal materials, tresier legal materials and secondary legal materials. The procedure for collecting legal materials used is library research. The processing and analysis of legal material is carried out using a normative legal research type with a qualitative descriptive method with a description of the problem and analyzing the legal material that has been collected. The results obtained are that the form of good faith in business conduct in online buying and selling transactions is a subjective form of good faith. Business actors are obliged to provide information regarding the goods they trade correctly and honestly as stipulated in Law Number 11 of 2008 Article 28 Paragraph (1) concerning electronic transactions. Therefore, the responsibility of business actors if they commit violations that cause harm to consumers in online buying and selling transactions is the obligation to compensate for losses that have been experienced by consumers in accordance with Law Number 8 of 1999 concerning consumer protection. the process of resolving disputes submitted by consumers can be resolved in two ways, namely by taking the court route or taking the route outside the court. The consumer protection law gives freedom to consumers who feel aggrieved to sue business actors through court but consumers also wish to resolve disputes with business actors through outside the court, so the consumer protection law provides a consumer dispute resolution agency (BPSK) which has the authority to handle consumer-related disputes.

Ganti Rugi Hak Milik Atas Tanah Oleh PT.PLN (Persero) Sandi Yaning Pattimura; Merry Tjoanda; La Ode Angga
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.v1i1.10840

ABSTRACT: Development requires land whose acquisition is carried out by prioritizing the principles contained in the 1945 Constitution of the Republic of Indonesia (UUD NRI 1945) and national land law. The establishment of electricity networks is also included in land acquisition. But in fact PT. PLTD Poka Ambon city has used the land of HH heirs covering an area of 2000 meters without any deliberation or permission from the landowner located in Poka for approximately 32 years in 1991 without any compensation. The type of research conducted in this writing is normative juridical legal research which is analytically descriptive. Normative legal research is a form of legal writing based on the characteristics of normative legal science. The first thing to do in normative research based on primary and secondary legal materials is an inventory of regulations related to civil law. The purpose of this research is to find a clear legal basis for placing this problem in the perspective of National Agrarian law The purpose of this research is to find a clear legal basis for placing this problem in the perspective of National Agrarian law. Based on the description of the results and discussion, the form of responsibility of PT PLN (Persero) in providing compensation related to the use of land exceeding the limit unilaterally can be seen in Law No. 30 of 2009 concerning Electricity. as referred to in Article 27 is carried out by providing compensation for land rights or compensation to holders of rights to land, buildings and plants in accordance with the provisions of laws and regulations. The form and amount of such compensation should be designed in such a way that the people affected by the development activities do not experience a setback both in terms of social and economic.

Perlindungan Hukum Terhadap Indikasi Geografis Milik Indonesia Yang Telah Terdaftar Sebagai Merek Oleh Pengusaha Asing Febriyanti Abdul Kadir; Merry Tjoanda; Theresia Nolda Agnes Narwadan
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.v1i1.10845

ABSTRACT: Legal protection for geographical indications is regulated in TRIPs article 22 paragraph 3 which determines: "A member, ex officio if his legislation permits or at the request of an interested party refuses or cancels the registration of a trademark containing or constituting a geographical indication in relation to goods that are not originating from the area mentioned if the use on behalf of a geographical indication in a trademark for goods misleads the members of the community regarding the actual area of origin.” There are several cases of violations of geographical indications belonging to Indonesia which were registered as trademarks by foreign businessmen, namely the case of Toraja coffee which was registered in Japan as a coffee brand with the name Toarco Toraja by the company Key Coffee Inc Corporation. The second case is the Gayo coffee brand which is claimed to belong to a Holland Coffee company from the Netherlands which is registered at European Coffee Bv under the name Gayo Mountain Coffee. The research method used is normative juridical, using statutory approaches, conceptual approaches. Sources of primary, secondary and tertiary legal materials. The technique of collecting legal materials is library research, journals, internet media, which are analyzed using qualitative methods. The results of the study show that legal protection for geographical indications belonging to Indonesia that have been registered as trademarks by foreign entrepreneurs consists of preventive legal protection in the form of registration of geographical indications to the director general of intellectual property rights, and repressive legal protection in the form of appeals, use of marks that are the same as geographical indications, deletion of indications geographic, civil and criminal law enforcement. Efforts to resolve cases of infringement of geographical indications belonging to Indonesia that have been registered as trademarks by foreign entrepreneurs, can be resolved by means of litigation and also by means of non-litigation.

Pemutusan Hubungan Kerja Yang Dilakukan Pelaku Usaha Kepada Tenaga Kerja Melalui Media Online Sesuai Dengan Ketentuan Undang-Undang Johnny Pieter Sual; Merry Tjoanda; 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.v1i1.10850

ABSTRACT: Unilateral termination of employment relations is absolutely not allowed and is very clear, except for certain circumstances that compel the dismissal to be carried out, as stipulated in the "Industrial Relations Dispute Settlement Law". Unilateral layoffs by PT. Ruata's work for the workforce “Mr. VG” via Whatsapp. Mr. VG” did not receive a Decree as an employee of PT. Karya Ruata, and did not sign the Collective Labor Agreement between PT. Ruata's work with the workforce of “Mr. VG”. This research uses normative juridical research methods, namely library law research and because this research is carried out by having library materials. The approach in normative research is the Statute Approach and the Conceptual Approach. In this study, a descriptive-analytical type of research will be used. The results showed that the layoffs carried out by PT. Ruata's work to “Mr. VG” through online media (Whatsapp) is not in accordance with the provisions of the law. Article 81 number 43 of the Job Creation Law. PT Karya Ruata is not responsible for the unilateral termination of “Mr. VG” Through Online Media (Whatsapp). The unilateral dismissal action, clearly based on Article 1320 of the Civil Code, does not meet the objective requirements for the implementation of the agreement, namely the causa conditions that are allowed, so that the termination action is null and void by law. As a result of being null and void, the said dismissal by law is deemed to have never happened and therefore “Mr. VG” remains united as an employee of PT. Ruata's work, but until now “Mr. VG” is no longer working for PT. Ruata's work, and there is no settlement according to the provisions of the law.

Badan Penyelenggara Jaminan Sosial (BPJS) Sebagai Syarat Peralihan Hak Atas Tanah Faradila Attamimi; Merry Tjoanda; Novyta Uktolseja
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.v1i1.10854

ABSTRACT: The inclusion of BPJS provisions as stated in Presidential Decree No. 1 of 2022 as a condition for transferring land rights in the community has drawn some controversy and criticism, because this has nothing to do with buying and selling land and BPJS for health. The government should increase the transparency of BPJS health management and services if it wants to attract people to become participants. This legal research focuses on normative juridical research with a conceptual approach and statutory approach, the analytical method used is descriptive qualitative. The legal materials in this study are primary legal materials, secondary legal materials, and tertiary legal materials. The legal materials are then interpreted and analyzed. The results of the study show that the Presidential Instruction (Inpres) Number 1 of 2022 is in principle the same as Government Regulation Number 24 of 1997, except that Presidential Instruction Number 1 of 2022 includes the addition of the requirement for a Photocopy of BPJS Kesehatan Participant Card for the purpose of registering the transfer of land rights. This research also shows that there is no relationship (correlation) between the inclusion of the BPJS requirements and the registration of the transfer of land rights because it is considered insignificant or has no relationship at all with the interest in transferring names in terms of transferring land rights, but it is related to the government's commitment to ensure that all levels of society have health insurance, namely optimizing the implementation of the National Health Insurance program.

Tanggung Jawab Pengangkut Atas Tindakan Pemungutan Tarif Yang Tidak Sesuai Aturan Hapsa Marasabessy; Merry Tjoanda; Sarah Selfina Kuahaty
PATTIMURA Law Study Review Vol 1 No 2 (2023): Desember 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.v1i2.11789

Public transportation plays an important role in economic development, to achieve sustainability public transportation requires serious handling. Transportation is said to be important because it is related to the distribution of goods, services and labor, and is the core of urban economic movement. The carrier or owner of public transportation is responsible for the safety of the goods being transported, in accordance with the provisions in Article 438 paragraph (3) of the Commercial Code and the provisions for determining tariffs by the city government in Ambon Mayor Decree Number 347 of 2022 concerning Adjustments to Road Transport Tariffs for Passengers Economy Class in Ambon City. Even though the carrier's responsibilities and provisions related to fare prices have been determined, drivers as carriers are still not responsible for setting fare prices to passengers, in general there is no classification, which should be in accordance with the provisions set by the government. The method used in this research is normative juridical. And uses a statutory approach and a conceptual approach, with legal materials consisting of primary, secondary and tertiary legal materials which are analyzed qualitatively. The results of this research show that responsibility, as has been explained, is a state of being obliged to bear everything that occurs as a result of a mistake made by someone to another person due to their error or negligence. This also applies to carriers who collect fares not in accordance with the rules set by the government. , by observing several legal provisions in accordance with the laws that have been established, the carrier can be held responsible for acts of collecting fares that do not comply with the rules because the carrier is responsible for any losses experienced by passengers due to errors or negligence committed by the carrier. The legal protection that is obtained is usually an effort to provide a sense of security to passengers. In general, legal protection is realized in various forms, for example through providing compensation and so on. Any passenger who feels they have suffered a loss can sue the carrier.

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