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Teng Berlianty
Fakultas Hukum Universitas Pattimura, Ambon, Indonesia
Law, Crime, Criminology & Criminal Justice

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Journal : PATTIMURA Law Study Review

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Perlindungan Konsumen Dalam Praktik Jual Beli Bahan Bakar Minyak (BBM) Menggunakan Mesin Pertamini di Kota Masohi Muhammad Rizal Muhari; Teng Berlianty; Theresia Louize Pesulima
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.v1i1.10830

Abstract

ABSTRACT: Every year the number of vehicles in Indonesia continues to grow as a result of human needs in using fuel oil (BBM) is very large and continues to increase, therefore to meet the need for fuel the government issued Law No. 22 of 2001 concerning Oil and Gas. The purpose of this study are to know and explain the responsibility of business actors for the sale of pertamini (fuel) that does not match the dose, to know and explain how to resolve disputes if consumers experience losses. The method used in this research is normative juridical with statute approach and conceptual approach. The legal materials used are primary, secondary legal materials which are analyzed qualitatively. The results of this study indicate that the form of responsibility of pertamini business actors is responsibility in the form of product liability where Pertamini business actors have the responsibility to provide guarantees for consumer rights, in terms of providing compensation, refueling through digital pertamini, pertamini business actors are obliged to provide compensation or compensation in the form of a refund of the amount of dose that has been harmed, as well as the return of the amount of dose owned by consumers of the same value before the shortage in the value of the dose that causes harm to consumers. Settlement of disputes filed by consumers can be resolved in two ways, namely by taking court channels or taking out-of-court channels. The Consumer Protection Law gives freedom to consumers who feel harmed to sue business actors through the courts, but if consumers want to settle disputes with business actors outside the courts, the Consumer Protection Law provides the Consumer Dispute Resolution Agency (BPSK) which has the authority to handle disputes related to these consumers.
Perlindungan Hukum Kepada Pemilik Merek PS Glow Berdasarkan Putusan Pengadilan Niaga Surabaya Nomor 2/Pdt.Sus.HKI/Merek/2022/PN Niaga Sby Nurhayati Nurhayati; Teng Berlianty; 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.v1i1.10839

Abstract

ABSTRACT: Disputes over the use of the Ms Glow trademark, which has similarities in principle to the Ps Glow trademark, so the authors researched to analyze and understand the decision of the Surabaya Commercial Court Number 2/Pdt.Sus.HKI/Merek/2022/PN Niaga Sby in providing legal protection to the brand owner and aims to analyze and understand the legal remedies that can be taken by the owner of the Ps Glow brand against a partially granted decision. This research is normative juridical research conducted using statutory approaches, conceptual approaches, and case approaches. Then the sources of legal materials used are primary legal materials, secondary legal materials, and tertiary legal materials. The legal material collection technique used was the collection of legal literature which was then analyzed using qualitative methods. The results of this study indicate that the Surabaya Commercial Court Decision Number 2/Pdt.Sus.HKI/Merek/2022/PN Niaga Sby has provided legal protection to brand owners by giving recognition to brand owners in the form of exclusive rights or the sole right to trademarks. Legal actions that can be taken by the owner of the Ps Glow brand against the decision which was partially granted was by cassation. This refers to the Trademark Law which regulates legal remedies for trademark cancellation disputes directly to the cassation level because in resolving trademark disputes there are no appeals but direct appeals
Tanggung Gugat Terhadap Maskapai Penerbangan Akibat Perlakuan Buruk Terhadap Penyandang Disabilitas Julieta Britney Wattimena; Teng Berlianty; 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.v1i1.10846

Abstract

ABSTRACT: The treatment of persons with disabilities is regulated specifically, so as to provide equality for all people in obtaining facilities. However, in the case that happened to Ridwan Sumantri, in fact it was the opposite, Ridwan Sumantri is a person with a disability who in this case is unable to walk (paralyzed) and has to use a wheelchair wherever he is when traveling. Ridwan Sumantri as a person with a disability did not receive special treatment at all in the form of a companion escorting Ridwan as a person with a disability which should have been provided by the airport in this case Angkasa Pura and the airline in this case (LionAir airline). To find out and analyze legal protection for persons with disabilities who are discriminated against and find out and analyze liability against airlines due to discrimination for persons with disabilities. This research is included in normative legal research, namely research examining various positive legal provisions, various legal principles, legal principles and doctrines in order to answer the legal issues at hand. Ridwan Sumantri has been deemed to have fulfilled the elements of discrimination and violated the rights of passengers with disabilities on board the plane. The principle of persons with disabilities, as stipulated in Article 2 letter a of the Law on Disabilities in genera. Indeed, this interest relates to a power whose implementation is guaranteed and protected by law. Apart from that, Angkasa Puran and Lion Air Group Airlines as airline service providers should also be suspected of having violated Article 134 paragraph 1 and paragraph 2 of the Aviation Law, and Article 7 of the Consumer Protection Law concerning the obligations of business actors/service providers.
Tanggung Gugat Pelaku Usaha Jasa Laundry Fasrum F Kastella; Teng Berlianty; 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.v1i1.10848

Abstract

ABSTRACT: Laundry services are needed not only by households but also by students and society in general. It is currently proven to be found around settlements and its surroundings. The community's need for laundry services must be balanced with the responsibilities of business actors in maintaining the quality of service and ensuring that consumers do not lose, scarcity or damage to the clothes being laundered. As already regulated in Article 4 UUPK No 8 of 1999. The problem in this research is how the position of the parties in the laundry service business activities and what are the goals of the laundry service business actors as a result of default. The purpose of this research is to analyze and assess how the position of the parties in laundry service business activities and what are the goals of laundry service business actors due to default. The research method used is normative juridical, the problem approach used is the statutory approach (statue approach) and the conceptual approach (conceptual approach), the legal materials used are primary legal materials, secondary legal materials and tertiary legal materials. The technique of collecting legal materials is a literature study. The results of this study indicate the position of the parties in the laundry service business activities as business actors and the goals of the laundry service business actors due to default, the rights of consumers who use laundry services are not fulfilled by the laundry service business actors, so that the consumers who have experienced losses should or default caused by the laundry service business actor, then the laundry service business actor must be held accountable for actions that result in default on consumers.
Perlindungan Hukum Bagi Konsumen Kosmetik Atas Produk Parfum Isi Ulang Renita Putri Kartika Reawaruw; Teng Berlianty; 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.v1i1.10851

Abstract

ABSTRACT: Currently, there are many business actors who get more profit by producing refill perfume containing hazardous substances that do not meet the requirements for circulation, so that Law No. 8 of 1999 was issued to provide legal protection for consumers. The purpose of this research was conducted to find out how the form of legal protection for cosmetic consumers for the distribution of perfume products containing dangerous substances and what form of legal protection for cosmetic perfume consumers who experience losses. The research method used is normative legal research method. The problem approach used is the statutory approach, the conceptual approach. The legal materials used are primary legal materials and secondary legal materials. Procedures and Collection of Legal Materials using the method of inventorying laws and regulations and Processing and Analysis of legal materials is carried out using qualitative analysis techniques to answer problems. Based on the results of the study it can be concluded: Forms of Legal Protection for Consumers of Cosmetics for the Circulation of Refillable Perfumes are divided into 2, namely, Forms of Preventive Legal Protection as a preventive measure for a person/group who wants to carry out activities or actions that are negative and Forms of Repressive Legal Protection are efforts settlement of the occurrence of violations with the aim of resolving disputes. Consumers who are disadvantaged as a result of using dangerous refill perfumes based on Law Number 8 of 1999 concerning Consumer Protection, there are two forms of legal remedies, namely through out-of-court dispute resolution which is carried out by the Consumer Dispute Settlement Agency and legal remedies through dispute resolution in court carried out with reference to to the provisions of the general court in force.
Pembatalan Merek Terdaftar Yang Memiliki Persamaan Nama Pada Pokoknya Yehuda Goodlife Nusale; Teng Berlianty; Theresia Louize Pesulima
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.v1i1.10853

Abstract

ABSTRACT: According to Law Number 20 of 2016 Concerning Trademarks and Geographical Indications, Article 21 Paragraph 1 Letters a and c Concerning Trademark Registration Procedures which explains that the application for trademark registration is rejected if the registered trademark belongs to another party or is applied for beforehand by another party for similar goods and/or services and has no distinguishing power, but in practice there are registered brands that have the same name in essence, namely the "GOTO" brand which has similarities in writing and pronunciation. The law related to the problem is then linked to secondary legal material through books, articles, journals or writings by legal experts, after which it is connected with legal facts, legal events and legal consequences which are carried out using the Statute Approach and the Conceptual Approach. The research results show: 1). The trademark rights holder is the first party to register the mark with the Directorate General of Intellectual Property Rights, and the holder of the rights to this mark receives legal protection, if another party registers the same mark, it has violated the system adopted by the law, namely the first to file principle and also violates the law itself as the accommodator of all regulations regarding trademark registration 2). Settlement of the Goto case as an effort to resolve the similarity in the mark at registration, legal action through a lawsuit in a commercial court as a legal remedy if it is proven to legally use the mark without permission.
Pemenuhan Hak-Hak Masyarakat Hukum Adat Dalam Investasi Pertambangan Migas Di Kabupaten Kepulauan Tanimbar Andi Dharma Ratumasa; Teng Berlianty; Mahrita Aprilya Lakburlawal
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.v1i1.10856

Abstract

ABSTRACT: Article 33 paragraph 3 (three) of the 1945 Indonesian Constitution outlines the basic policy regarding the control and use of existing natural resources, that the earth and water and the natural resources contained therein are controlled by the State, and used to the greatest extent for the prosperity of the people. The position of customary law communities and dispute resolution within the scope of customary law communities in Maluku, Agrarian Minister Regulation Number 18 of 2019 concerning Procedures for Administering Customary Land Unity of Customary Law Peoples, administration of customary law community territories to ensure legal certainty and stipulation of recognition and protection of the unity of customary law communities. The problem approach used in this writing is the statute approach and case approach, the purpose of this paper is to know and understand the position of customary law communities in Oil and Gas Mining Law Investment in the Tanimbar Islands Regency and to know and understand the responsibilities of Business Actors in fulfilling the Rights of Customary Law Peoples in the Islands Regency Tanimbar. The type of research used is Normative Juridical with Legal Material Collection Techniques obtained from primary, secondary and tertiary legal materials, which are then analyzed based on these legal materials.Investment in oil and gas mining and processing in the territory of the lordship of customary law communities in the Tanimbar Islands district on the island of Nustual, while faced with a situation that does not have certainty for the rights of customary law communities related to the release of customary land rights which are used as a means of oil and gas mining investment. The government as an institution that has the authority to present consensus deliberations for the process of completing investment in oil and gas mining in the Masela block. as well as good responsibilities from the Inpex company as an investor. Several laws and regulations governing the position of customary law communities in the constitution of the 1945 Constitution even to Law Number 20 of 2001 concerning Oil and Gas are considered irrelevant to the development of customary law communities in the current era.
Tanggung Jawab Pengedar Film Yang Diunggah Pada Aplikasi Tiktok Tanpa Izin Pemegang Hak Cipta Merlin Magdalena Kaya; Teng Berlianty; Ronald Saija
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.v1i2.11786

Abstract

At present, many film business actors easily obtain information through social media that develops among the public, especially film. This has been regulated in the Civil Code, Law No. 28 of 2014 concerning Copyright, Law No. 33 of 2009 concerning film and Law No. 19 of 2016 concerning amendments to Law No. 11 of 2008 concerning Electronic Information and Transactions. However, there are still many people who violate and do not know about the regulations that have been made. The research method used is normative legal research method. The problem approach used is a statutory approach and a conceptual approach. The legal materials used include primary, secondary, and tertiary legal materials. Management and analysis of legal materials are carried out with qualitative analysis techniques to answer problems. Based on this research, the perpetrators of unlicensed film dealers have fulfilled the elements of violations in the legislation, it can be concluded that the actions committed by the perpetrators of unlicensed film dealers on the Tiktok Application have committed illegal acts intentionally or unintentionally. The responsibility for the perpetrator of the movie dealer is to compensate for actions that cause harm to others.
Co-Authors Andi Dharma Ratumasa Fasrum F Kastella Julieta Britney Wattimena Mahrita Aprilya Lakburlawal Merlin Magdalena Kaya Muhammad Rizal Muhari Nurhayati Nurhayati Renita Putri Kartika Reawaruw Ronald Saija Sarah Selfina Kuahaty Theresia Louize Pesulima Theresia Nolda Agnes Narwadan Yehuda Goodlife Nusale