Garuda - Garba Rujukan Digital

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: 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.

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: 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.

Perlindungan Konsumen Terhadap Penjualan Obat Antibiotik Tanpa Resep Dokter Hubertus Veron Mailuhuw; Theresia Louize Pesulima; 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.v1i1.10855

ABSTRACT: Drugs are a very important component for public health, meaning that drugs are needed to cure diseases suffered by humans. One of them is an antibiotic drug which is a drug to kill bacteria in the body and to increase endurance. In the provisions of the Regulation of the Minister of Health Number 73 of 2016 which regulates Pharmaceutical Service Standards, as well as Decree of the Minister of Health of the Republic of Indonesia No. 02396/A/SK/VIII of 1986 concerning Special Marks for List G Strong Drugs stipulates that antibiotic drugs as a category of hard drugs on list G can only be given with a doctor's prescription with sufficient criteria. However, in practice it is still traded freely without a doctor's prescription by pharmacies. This certainly violates consumer rights in Article 4 letter a regarding the right to comfort, security and safety in consuming goods and/or services. The pharmacist's actions also contradict Article 7 letter b of the UUPK's obligation as a business actor to provide correct, clear and honest information regarding the conditions and guarantees of goods and/or services as well as provide an explanation for the use of antibiotic drugs. The method used in this study is normative juridical, with a statutory approach and a conceptual approach. The legal materials used are primary and secondary legal materials collected through literature study, and analyzed qualitatively to answer the problems studied. Based on the results of the study, those responsible for the sale of antibiotic drugs without a doctor's prescription are the pharmacy companies because legally the pharmacies know exactly and clearly about the provisions prohibiting the sale of antibiotic drugs without a doctor's prescription. This means that if consumers want to buy antibiotics, it is the responsibility of the pharmacy to explain correctly and clearly regarding the provisions for using antibiotics that must be prescribed by a doctor, not vice versa to seek profit and then ignore consumer safety. The legal liability that can be imposed on the pharmacy is liability based on fault, so the pharmacy must provide compensation to consumers (buyers) if it is proven that due to their mistakes they caused harm to the buyer through the misuse of antibiotic drugs which can lead to overdose, resistance even death.

Perlindungan Hukum Bagi Pengemudi Online Yang Mengalami Kerugian Akibat Orderan Fiktif Pada Layanan GrabFood Faldi Rumasoreng; Theresia Louize Pesulima; Ronald Fadly Sopamena
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.v1i2.11784

PT. Grab Indonesian collaborates with partners or drivers to enter into partnership agreements known in Law Number 20 of 2008 concerning Micro, Small and Medium Enterprises. In accordance with Article 1 Number 13 of Law Number 20 of 2008 concerning Micro, Small and Medium Enterprises confirms that the legal relationship between the two parties becomes a partnership relationship. But in this perspective, it cannot be said that the regulation can protect partners or drivers. This can be seen in fact there are still people who abuse the Grab application by making bookings that can harm partners or drivers if the booker does not pay in full for the ordered order using the COD (Cash On Delivery) transaction pattern or cash payment. This study used normative juridical research motede. This research is carried out by examining library materials or secondary data with conceptual and legislative approaches then the data is analyzed qualitatively and conclusions are drawn deductively, which is based on basic principles. The results of this study show that: 1) The legal consequences of fictitious order actions can be seen in two forms; First, from the form of unlawful acts. Where the perpetrator acts differently than required in terms of carrying out fictitious ordering actions by ordering food on GrabFood services. Second, from the form of default, where the perpetrator has committed acts of negligence and deliberate acts of fictitious ordering on GrabFood services. 2). The form of protection carried out by PT. Grab Indonesia one of them is providing forms of responsibility between the parties in the content of the partnership agreement in accordance with applicable laws and regulations. Then the responsibility of PT. Grab Indonesia as a business actor adheres to the principle of responsibility based on the element of error, where there is a fictitious order on the GrabFood service resulting in losses for the driver or drivers. So in order to compensate, the driver only gives.

Tanggung Jawab PT. Telkom Indonesia (Persero), Tbk Atas Layanan Jasa Indonesia Digital Home Anggi Safitri Sutan Syafli; Theresia Louize Pesulima; Ronald Fadly Sopamena
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.v1i2.11785

In Law Number 8 of 1999 concerning Consumer Protection and Book III of the Civil Code concerning Binding which regulates the agreement relationship involving one party and the other party in order to obtain a legal certainty for the losses that will be experienced in the future, but in the case of network disruptions in PT Telkom's Indihome service, there have been internet interruptions in the Indihome service for several days and made consumers feel disadvantaged. This makes consumers question the responsibility of PT Telkom in handling the problem of internet interference. The research method used is juridical, namely research on legal rules, norms and principles based on laws and regulations, which are related to the problems studied. The type of research used is Descriptive Analysis on the grounds that the results used from the literature study are then analyzed and discussed using the flow of discussion systematically in several chapters. And the sources of legal material are Primary, Secondary and Tertiary. As well as legal material collection techniques using literature studies, analysis of legal materials using qualitative methods. The results showed that PT Telkom Indonesia, Tbk has a legal position if PT Telkom Indonesia, Tbk acts as a victim in this case, but in the case studied by the author, it is the consumer who is the victim in this problem where the consumer can report PT Telkom Indonesia, Tbk if the consumer meets the requirements to submit a request to the court in accordance with the meaning of legal position. And PT Telkom Indonesia, Tbk can be responsible for implementing a service level guarantee, which is an obligation of PT Telkom Indonesia, Tbk to consumers, which starts with PT Telkom Indonesia, Tbk resolving consumer problems within one month in accordance with applicable regulations, but if within one month PT Telkom Indonesia, Tbk cannot resolve the problem, PT Telkom Indonesia, Tbk is required to compensate consumers. The reason PT Telkom Indonesia, Tbk is responsible for the losses suffered by consumers is because Indihome is a subsidiary of PT Telkom Indonesia, Tbk.

Perlindungan Konsumen Pelanggan Indihome Terhadap Kebocoran Data Pribadi Indah Ipa; Theresia Louize Pesulima; Ronald Fadly Sopamena
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.v1i2.12070

Problems related to personal data leakage that have occurred in Indonesia, one of which is the leakage of personal data of IndiHome customers that are traded on internet sites that can be reached by anyone. The leakage of personal data has indirectly deprived human rights which are very detrimental to the human point of view. Protecting consumer rights is an obligation of business actors as regulated in article 4 paragraph 5 of Law No. 8 of 1999 concerning Protection of Consumers. This type of research is Normative Juridical, or literature research because this research is carried out or aimed only at written regulations or primary, secondary and tertiary legal materials, the data collection method used is literature study and document study and data analysis is carried out normatively and comprehensively. The results of this study, show that the form of legal protection for IndiHome customer consumers who experience personal data leakage can be done in the form of preventive legal protection (prevention) providing opportunities for legal subjects to raise objections or opinions before the government decision gets a definitive form and Repressive legal protection (coercion) is legal protection that leads to dispute resolution. Legal remedies of IndiHome consumers who were harmed due to negligence on the part of PT. Telecommunications as Electronic System Operators that cause leakage of personal data can file a lawsuit based on Unlawful Acts stipulated in Article 1365 and Article 1366 of the Civil Code.

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