PATTIMURA Law Study Review
PATTIMURA Law Study Review yang dsingkat (PALASRev) adalah media peer-review yang dikelola dan diterbitkan oleh Fakultas Hukum Universitas Pattimura. PATTIMURA Law Study Review menerbitkan karya ilmiah di bidang hukum, terbit tiga kali setahun pada bulan April, Agustus dan Desember. Tujuan jurnal ini adalah untuk menyediakan tempat bagi Mahasiswa untuk mempublikasikan artikel ilmiah dari luaran Skripsi dan atau sebagain dari Skripsi Mahasiswa Strata Satu (S1). Fakultas Hukum Universitas Pattimura mewajibkan mahasiswa menggunggah karya ilmiah sebagai syarat ujian sarjana. Jurnal ini memberikan akses terbuka langsung ke kontennya berdasarkan prinsip bahwa membuat penelitian tersedia secara bebas untuk publik mendukung pertukaran pengetahuan global yang lebih besar. PATTIMURA Law Study Review tersedia secara online. Bahasa yang digunakan dalam jurnal ini adalah Bahasa Indonesia dan Bahasa Inggris. Ruang lingkup artikel yang dimuat dalam jurnal ini membahas berbagai isu di bidang Ilmu Hukum (Hukum Perdata, Hukum Islam, Hukum Bisnis/Ekonomi, Hukum Tata Negara, Hukum Administrasi Negara, Hukum Pidana, Hukum Internasional.
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109 Documents
<![CDATA[Kewajiban Ayah Menafkahi Anak Setelah Putusnya Perkawinan ]]>
<![CDATA[Nadia Rizkiah Latupono]]>;
<![CDATA[Barzah Latupono]]>;
<![CDATA[Sabri Fataruba]]>
<![CDATA[ PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 2023 PATTIMURA Law Study Review ]]>
Publisher : <![CDATA[Faculty of Law Universitas Pattimura ]]>
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DOI: 10.47268/palasrev.v1i1.10838
<![CDATA[ABSTRACT: Article 45 states that "both parents are obliged to care for and educate their children as well as possible". Paragraph (2) states "the obligations of the parents referred to in paragraph (1) of this article apply until the child marries or can stand alone, which obligations continue even if the marriage between the two parents is broken up". So in detail the rights and obligations of the parents towards children namely Providing protection, Providing education, Representing children in all legal actions for those who are eighteen years old and under and have never been married, Providing child care costs even though the parents' powers have been revoked. legal consequences arising from ex-husbands not providing maintenance to children, that can be done through the stages, summoning ex-husbands to fulfill the obligation to provide maintenance to children based on a judge's decision, forced efforts from the Court against ex-husbands to provide Hadhanah maintenance for their children. The purposes of this study are: To know and explain the obligations of fathers in providing for children after divorce, Knowing and explaining what are the legal remedies if a father is negligent in carrying out the obligation to provide for his children. 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 obtained from this study are that if the ex-husband is negligent in carrying out the obligation to provide for children, that is, the ex-wife can submit a request to the Head of the District Court or the Head of the Religious Court depending on what law you use when divorcing, if Islamically it can be filed through the Religious Court, and other than Islam can be filed through the District Court.]]>
<![CDATA[Perlindungan Hukum Kepada Pemilik Merek PS Glow Berdasarkan Putusan Pengadilan Niaga Surabaya Nomor 2/Pdt.Sus.HKI/Merek/2022/PN Niaga Sby ]]>
<![CDATA[Nurhayati Nurhayati]]>;
<![CDATA[Teng Berlianty]]>;
<![CDATA[Theresia Nolda Agnes Narwadan]]>
<![CDATA[ PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 2023 PATTIMURA Law Study Review ]]>
Publisher : <![CDATA[Faculty of Law Universitas Pattimura ]]>
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DOI: 10.47268/palasrev.v1i1.10839
<![CDATA[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]]>
<![CDATA[Ganti Rugi Hak Milik Atas Tanah Oleh PT.PLN (Persero) ]]>
<![CDATA[Sandi Yaning Pattimura]]>;
<![CDATA[Merry Tjoanda]]>;
<![CDATA[La Ode Angga]]>
<![CDATA[ PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 2023 PATTIMURA Law Study Review ]]>
Publisher : <![CDATA[Faculty of Law Universitas Pattimura ]]>
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DOI: 10.47268/palasrev.v1i1.10840
<![CDATA[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.]]>
<![CDATA[Status Dan Hak Waris Anak Dari Orang Tua Yang Membatalkan Perkawinan Menurut Undang-Undang Perkawinan ]]>
<![CDATA[Rifdah Khoirunnisaa Ramli]]>;
<![CDATA[Barzah Latupono]]>;
<![CDATA[Sabri Fataruba]]>
<![CDATA[ PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 2023 PATTIMURA Law Study Review ]]>
Publisher : <![CDATA[Faculty of Law Universitas Pattimura ]]>
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DOI: 10.47268/palasrev.v1i1.10841
<![CDATA[ABSTRACT: The legal consequences of the annulment of a marriage begin after the ruling has a fixed and in force since the date of marriage was carried out according to chapter 28 of the marriage act. If a marriage is null and void, it is as if it never existed. However, the decision did not affect the status of children born from the marriage. However, in the case of the marriage annulled between the jesica iskandar and Ludwig Franz willibald, there were circumstances in which Ludwig was not responsible for their son, even barack Alexander, who looked after and paid for the child himself. This kind of research is normatitic juridical normative legal research, since it is done or aimed solely on written regulations. The data used are secondary data consisting of primary legal materials consisting of marriage laws, court rulings, relevant legal documents, and relevant legal literature on research topics. Studies have shown that in the case of annulment, the child born of the marriage remains legally recognized and valid. However, a child's birthright can be affected by a judicial decision that annuls the marriage. The marriage act provides guidelines on the protection and fulfillment of children's rights in this context. The study also identified some issues that arise regarding the status and rights of children born to parents who annul marriages. Among the issues found are the need for clarity in the appropriation of child custody, the sharing of common property, and the protection of the child's rights in the process of annulment of marriage. In addressing the issue, the study offers recommendations for improved legal regulations and increased public awareness of the importance of protecting the rights of children in the case of annulment of marriages. Additionally, work is required to increase accessibility and resolution rates of child status and birthright cases through an effective family judicial system.]]>
<![CDATA[Penyelesaian Perkara Isbat Nikah di Pengadilan Agama Ambon ]]>
<![CDATA[Mohamad Fauzan Kelian]]>;
<![CDATA[Barzah Latupono]]>;
<![CDATA[Sabri Fataruba]]>
<![CDATA[ PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 2023 PATTIMURA Law Study Review ]]>
Publisher : <![CDATA[Faculty of Law Universitas Pattimura ]]>
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DOI: 10.47268/palasrev.v1i1.10842
<![CDATA[ABSTRACT: Isbat Marriage is the government's effort to provide services to people who do not yet have a Marriage Certificate, so that they can re-establish their marriage. In the process there are still many couples who carry out unregistered marriages, namely unregistered marriages, so that their marriages are not recognized by the state and many still do not understand the law or the importance of registering marriages. The type of research in this research is normative research or legal literature research. The results of the study show that the reasons for applying for marriage certificates in the Ambon Religious Court are: (a) marriage certificates are submitted for making a marriage certificate; (b) complete the requirements for a child's birth certificate; (c) legally settle the divorce in the Court; (d) inheritance distribution; (e) the management of the pilgrimage; (f) filed due to loss of Marriage Certificate; and (g) obtain a retired second widow from the State Civil Apparatus (ASN). Meanwhile, with regard to the completion of applications for Isbat Nikah, the Ambon Religious Court will carry out in accordance with applicable regulations, starting from the registration stage at the Ambon Religious Court Office, paying the application fee down payment, awaiting summons from the court, attending trials and stipulations from the Ambon Religious Court regarding the application for Isbat Nikah.]]>
<![CDATA[Kepastian Hukum Sertifikat Elektronik Sebagai Bukti Kepemilikan Tanah ]]>
<![CDATA[Rahul Mukadar]]>;
<![CDATA[Adonia Ivonne Laturette]]>;
<![CDATA[Barzah Latupono]]>
<![CDATA[ PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 2023 PATTIMURA Law Study Review ]]>
Publisher : <![CDATA[Faculty of Law Universitas Pattimura ]]>
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DOI: 10.47268/palasrev.v1i1.10843
<![CDATA[ABSTRACT : Discusses about electronic certificates which are still a problem in making land certificates. Electronic certificates were initially not in line with the considerations of the Ministerial Regulation because in the community there were policies that reaped many cons. The land registration system based on regulations issued by the government, namely PP No. 24 of 1997 concerning Land Registration (PP 24/1997) aims to guarantee legal certainty because Thus the process of land registration must be considered properly in accordance with what is regulated by law which is the reference in the process of registering each plot of land in Indonesia. Writing with the title Legal Certainty Electronic Certificates as Proof of Land Ownership with the type of research used in this study is normative juridical, by examining legal materials in the form of primary, secondary and tertiary legal materials. The results of this study found that currently carrying out trials for the implementation of electronic land certificates it will not be applied to the general public's land, but its implementation will only be limited to State-Owned Property (BMN), State-Owned Enterprises (BUMN) assets, various companies or sectors. Large-scale private sector and for land office locations that will implement the implementation of electronic certificates in this trial phase only in certain cities. The big job now, in the transition period, is to transfer the media from conventionally stored juridical data to be converted into electronic juridical data.]]>
<![CDATA[Perlindungan Hukum Terhadap Kreditur Atas Jaminan Hutang Berupa Hak Cipta Konten Youtube ]]>
<![CDATA[Elvira Lorna Fidelia Zai]]>;
<![CDATA[Theresia Nolda Agnes Narwadan]]>;
<![CDATA[Muchtar Anshary Hamid Labetubun]]>
<![CDATA[ PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 2023 PATTIMURA Law Study Review ]]>
Publisher : <![CDATA[Faculty of Law Universitas Pattimura ]]>
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DOI: 10.47268/palasrev.v1i1.10844
<![CDATA[ABSTRACT: In Government Regulation Number 24 of 2022 Concerning the Creative Economy, it makes it easy for creative economy actors who have intellectual property rights certificates through this regulation, the Government gives permission to content creators who already have intellectual property certificates to serve as bank credit guarantees. However, there are still confusions in this implementation because the creditor will suffer losses when the debtor's default occurs because the collateralized asset is blocked. so that the valuation of assets in the form of intellectual property rights on the youtube channel is very difficult to do based on Article 25 paragraph 1c Law 24/1999 concerning fiduciary guarantees stipulating that fiduciary guarantees are deleted due to the destruction of objects that are objects of fiduciary guarantees automatically bank financial institutions suffer losses. The research method used is normative juridical, using a problem approach, namely the statutory approach and contextual approach, the sources of legal materials used are primary, secondary and tertiary legal materials. The legal material collection technique used was library legal material collection, which was analyzed using qualitative methods. The results of this study indicate that legal protection for creditors for copyrighted YouTube content is in the form of copyright, namely through preventive legal protection provided by the government in the form of prevention before violations occur, efforts are made to prevent violations from occurring, namely the application of judgment on banks to carry out the precautionary principle when giving credit to customers by conducting judgments on private customers, businesses and collateral objects provided by customers and repressive protection, namely final protection in the form of sanctions and punishments carried out through executorial titles. Settlement of disputes with YouTube content copyright as collateral is litigation settlement by filing lawsuits with commercial courts and non-litigation with settlements through negotiation, mediation and conciliation.]]>
<![CDATA[Perlindungan Hukum Terhadap Indikasi Geografis Milik Indonesia Yang Telah Terdaftar Sebagai Merek Oleh Pengusaha Asing ]]>
<![CDATA[Febriyanti Abdul Kadir]]>;
<![CDATA[Merry Tjoanda]]>;
<![CDATA[Theresia Nolda Agnes Narwadan]]>
<![CDATA[ PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 2023 PATTIMURA Law Study Review ]]>
Publisher : <![CDATA[Faculty of Law Universitas Pattimura ]]>
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DOI: 10.47268/palasrev.v1i1.10845
<![CDATA[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.]]>
<![CDATA[Tanggung Gugat Terhadap Maskapai Penerbangan Akibat Perlakuan Buruk Terhadap Penyandang Disabilitas ]]>
<![CDATA[Julieta Britney Wattimena]]>;
<![CDATA[Teng Berlianty]]>;
<![CDATA[Theresia Nolda Agnes Narwadan]]>
<![CDATA[ PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 2023 PATTIMURA Law Study Review ]]>
Publisher : <![CDATA[Faculty of Law Universitas Pattimura ]]>
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DOI: 10.47268/palasrev.v1i1.10846
<![CDATA[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.]]>
<![CDATA[Penyalahgunaan Karya Cipta Buku Novel Melalui Media Internet ]]>
<![CDATA[Holdrin Nahumury]]>;
<![CDATA[Nancy Silvana Haliwela]]>;
<![CDATA[Judy Marria Saimima]]>
<![CDATA[ PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 2023 PATTIMURA Law Study Review ]]>
Publisher : <![CDATA[Faculty of Law Universitas Pattimura ]]>
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DOI: 10.47268/palasrev.v1i1.10847
<![CDATA[The Copyright Law and the Civil Code regulate the provision of protection for the rights of a person to protect a work of creation from the actions of other people who violate a person's copyright and cause harm to the creator/owner of a work of creation, but in reality until now there are still many violations of the copyright of novel books that are published through internet media which cause harm to the creator. Purposes of the Research For reviewing and misusing copyrighted works of books through internet media can be criminalized. and To study and explain how the form of compensation for misuse of copyrighted works of books in the civil aspect. and As one of the requirements in completing undergraduate studies (S1) at the Faculty of Law, Pattimura University, Ambon. The research method used is Normative Juridical, Type of research is Descriptive Analytical, Sources of legal materials: Primary, Secondary and Tertiary, Techniques for collecting legal materials using Literature Study, Analysis of legal materials using Qualitative method. The results of this study are Misuse of copyrighted works through internet media can be criminalized based on legal provisions Article 35 of Law Number 11 of 2008 concerning Information Technology and Communication (UU ITE) and Article 113 paragraph 1, paragraph 2, paragraph 3 and paragraph 4 of Law Number 28 of 2014 concerning Copyright (UUHC). And The form of compensation for the misuse of copyrighted works based on IPR and the Civil Code is by making compensation in the form of an amount of money paid to the owner of the copyrighted work and can be done through a request to the Commercial Court or the District Court related to Copyright infringement or Unlawful Acts as a result of misuse of copyrighted works through the internet media.]]>
