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Muchtar A H Labetubun
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INDONESIA
TATOHI: Jurnal Ilmu Hukum
Published by Universitas Pattimura
ISSN : -     EISSN : 2775619X     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
TATOHI: Jurnal Ilmu Hukum is a scientific journal published by the Faculty of Law, Pattimura University, with a duration of 12 (twelve) times a year, from January to December. This journal is a means of publishing research articles from undergraduate thesis (S1) students of the Faculty of Law, Pattimura University, which is the obligation of every student to upload scientific papers, as one of the requirements for graduation and undergraduate graduation. The article was written with the supervisor and published online. The language used by the journal is English or Indonesian. The scope of writing must be relevant to the disciplines of law which include civil law, criminal law, constitutional law/state administrative law, and international law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 9 Documents
 1 
Search results for , issue "Vol 1, No 12 (2022): Volume 1 Nomor 12, Februari 2022" : 9 Documents clear
Wewenang Ombudsman Republik Indonesia Dalam Pemeriksaan Maladministrasi Tes Wawasan Kebangsaan Pegawai Komisi Pemberantasan Korupsi Dedi Rusman Tuarita; Victor Juzuf Sedubun; Eric Stenly Holle
TATOHI: Jurnal Ilmu Hukum Vol 1, No 12 (2022): Volume 1 Nomor 12, Februari 2022
Publisher : Faculty of Law Pattimura University

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Introduction: Law Number 37 of 2008 concerning the Ombudsman gives authority to the Ombudsman to supervise and examine the implementation of public services for maladministration by state officials. However, in carrying out its authority, the ombudsman is faced with the problem of the KPK TWK and receives a report on the maladministration of the KPK employee TWK, so this raises the issue of whether the KPK employee TWK is part of maladministration and part of the administration of public services.Purposes of the Research: This study aims to find out the Ombudsman of the Republic of Indonesia has the authority to examine maladministration of the national insight test of employees of the corruption eradication commission. Methods of the Research: Type of research used is normative, namely research that is based on the rule of law that can provide an explanation of the problems being studied. The problem approach is the legal approach (statute approach) and the conceptual approach (conceptual approach). The collection of legal materials through primary legal materials is then linked to secondary legal materials.Results of the Research: Ombudsman of the Republic of Indonesia has the authority to examine maladministration of the national insight test of corruption eradication commission employees, as that the TWK of KPK employees is part of the object of maladministration examination which is a term related to the duties of the ombudsman according to the form and concept of maladministration and based on article 1 number 3 Law No. 37 of 2008. and TWK of KPK employees are part of public services within the scope of administrative services as referred to in Article 5 paragraphs (1) and (2), Article 46 paragraph (1) of Law Number 25 of 2009 and as well as maladministration in the implementation TWK which resulted in 51 KPK employees being dismissed, so that KPK employees reported TWK maladministration to the ombudsman. Thus the ombudsman carries out his duties and functions in examining the TWK of KPK employees according to the provisions of Article 6 and Article 7 of Law No. 37 of 2008 which gives the ombudsman the authority to receive maladministration reports.
Perempuan Sebagai Pelaku Kekerasan dalam Rumah Tangga Fabio Alexsandro Soselisa; Elsa Rina Maya Toule; Carolina Tuhumury
TATOHI: Jurnal Ilmu Hukum Vol 1, No 12 (2022): Volume 1 Nomor 12, Februari 2022
Publisher : Faculty of Law Pattimura University

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Introduction: Domestic Violence is a crime that has been happening globally for a long time and usually the perpetrators are men, but women can become perpetrators of Domestic Violence because women are one of the spheres of the household.Purposes of the Research: To be able to find out how the accountability of women as perpetrators in criminal acts of domestic violence. Methods of the Research: The method used is a normative research method with a statute, conceptual, and case approach.Results of the Research: In responsibility for the crime, there are processes or stages that must be carried out by perpetrators of domestic violence, starting from the police, the prosecutor's office, and in court. in handling criminal cases, for female perpetrators, the Supreme Court issues Perma No. 3 of 2017 concerning Guidelines for Adjudicating Cases of Women Against the Law, which in this Perma focuses on women as victims, women as witnesses and, women as perpetrators of criminal acts, and in sentencing the sentence usually depends on the judge's decision in accordance with legal facts and laws, or regulations.
Studi Tentang Penetapan Tersangka Dalam Kasus Prostitusi Online Annisa Fujiyanti; John Dirk Pasalbessy; Erwin Ubwarin
TATOHI: Jurnal Ilmu Hukum Vol 1, No 12 (2022): Volume 1 Nomor 12, Februari 2022
Publisher : Faculty of Law Pattimura University

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Introduction: The practice of temporary sexual intercourse, which is more or less carried out with anyone, for monetary compensation. The three main elements in the practice of prostitution are: payment, promiscuity and emotional indifference in this case the suspect based on Law No. 21 of 2007 on online prostitution named vika who lent a room to prostitutes but he did not know that it would be used for prostitution in his room.Purposes of the Research: The purpose of this paper is to find out the evidence used in determining the suspect in online prostitution and the role in providing rooms to become a suspect. Methods of the Research: The method used is empirical juridical research. This type of research is descriptive-analytic. Data obtained From the field data used in this study, primary data and secondary data, data collection techniques are through interviews and qualitative data analysis.Results of the Research: The use of medical approval as evidence of decision Number 114/Pdt.G/2020/PN Bjm was not carried out thoroughly so that it resulted in material and immaterial losses. Factors that influence the use of medical consent as evidence include; lack of patient knowledge, answering patient doubts, confirming procedures in laws and regulations, proving doctors in the feasibility of doing something related to medical work.
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

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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.
Perlindungan Hukum Konsumen Terkait Jual Beli Tiket Pesawat Secara Online Moh Jihad Labetubun; Merry Tjoanda; Muchtar Anshary Hamid Labetubun
TATOHI: Jurnal Ilmu Hukum Vol 1, No 12 (2022): Volume 1 Nomor 12, Februari 2022
Publisher : Faculty of Law Pattimura University

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Introduction: Development of transportation, especially air transportation, is now growing very rapidly, supported by today’s technology, this also causes various kinds of problems, especially in buying and selling airplane tickets online, many complaints from consumers such as delays in confirming e-tickets that have been purchased, unilaterally increase the interests of the travel party which is certainly very detrimental to the consumer.Purposes of the Research: The obectives of this research are: to find out and analyze business actors in selling airplane tickets online is against consumer losses. This research includes normative legal research conducted with a legal  and conceptual approach. Data collection techniques by means of literature study, documents study. Methods of the Research: The type of research is normative juridical, with two approaches, namely the conceptual approach and the legal approach.Results of the Research: Bassed on the result of the study, it shows that consumer protection in buying and selling airplane tickets online has not been running properly because the Consumer Protection Act can be implemented because business actors are still obligated, prohibited and have consumen rights. Especially in providing correct, clear and honest information. This is because business actors are solely looking for their own profit. Consumer results get guarantees for consumer rights. The responsibility of the business actor or seller here is to make compensation based on Article 19 parragraph (1) of Law Number 8 of 1999 concerning Consumer Protection.
Pelaksanaan Fatwa Dewan Syariah Nasional tentang Layanan Pembiayaan Berbasis Teknologi Informasi Berdasarkan Prinsip Syariah Pada Perusahaan Fintech Syariah Muhammad Septian Hadrianto; La Ode Angga; Sabri Fataruba
TATOHI: Jurnal Ilmu Hukum Vol 1, No 12 (2022): Volume 1 Nomor 12, Februari 2022
Publisher : Faculty of Law Pattimura University

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Introduction: In the decision of the DSN Fatwa Number 117/DSN-MUI/II/2018 part two point 2 of the fatwa it is also stated that the implementation of information technology-based financing services based on sharia principles must follow the provisions contained in this fatwa. but in fact there are still Sharia Fintech Companies that have not fully implemented the DSN-MUI fatwa as was done by PT. Indonesian Sharia Funds that still provide interest to the recipient of financing for the sharia products they offer.Purposes of the Research: The purpose of this study is 2 (two), namely to analyze and review the implementation of the DSN-MUI Fatwa Number 117/DSN-MUI/II/2018 on Sharia Fintech companies and to analyze and examine the legal strength of the DSN MUI Fatwa Number 117/DSN-MUI /II/2018 in binding Sharia Fintech Companies. Methods of the Research: The type of research is normative juridical, with two approaches, namely the conceptual approach and the statutory approach.Results of the Research: The results of this study indicate that in previous research conducted by Ferdian Mahmuda, sharia fintech companies were found which in implementing the Fatwa DSN MUI Number 117/DSN-MUI/II/2018 did not apply it thoroughly and classified as violating the provisions set by the MUI. The National Sharia Council, therefore the MUI Fatwa still has legal force as long as a financial institution in its financial activities implements sharia principles, including in this case a Sharia Fintech company, so that if its financial operational activities conflict with sharia principles, the DPS will report to DSN, then DSN recommends the violation to OJK to take action as regulated in Financial Services Authority Regulation (POJK) Number 77 of 2016 concerning Information Technology-Based Lending and Borrowing Services CHAPTER XII Article 47, which contains administrative sanctions tration to be provided to the financial institution referred to by OJK.
Perlindungan Tenaga Kesehatan Sukarela Di Daerah Konflik Bersenjata Menurut Hukum Internasional Zian Rahmatullah; Josiana Agusthina Yvonne Wattimena; Arman Anwar
TATOHI: Jurnal Ilmu Hukum Vol 1, No 12 (2022): Volume 1 Nomor 12, Februari 2022
Publisher : Faculty of Law Pattimura University

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Introduction: This study discusses the implementation of the protection of voluntary health workers in areas of armed conflict who work independently or under the auspices of national and international humanitarian organizations that have a very large role in providing medical assistance.Purposes of the Research: This study aims to examine and understand international law governing the protection of voluntary health workers in areas of armed conflict and to analyze the implementation of the protection of voluntary workers from the Syrian armed conflict. Methods of the Research: The research method used is normative juridical research or doctrinal legal research by examining legal literature using a law approach and a case approach. the use of legal material sources consists of primary, secondary, and tertiary legal materials. The technique of collecting legal materials is through literature study using qualitative analysis techniques.Results of the Research: The results showed that the protection for the safety of voluntary health workers, the security of buildings and medical equipment and their facilities in the war in Syria had not been carried out optimally in accordance with the provisions of international law, namely the 1949 Geneva Conventions and the 1977 Additional rotocol, because there were still acts of violation from the parties involved. conflict in Syria that threatens the safety of life, including the security of buildings and facilities for voluntary health workers.
Tanggung Jawab Perwakilan Diplomatik Yang Melakukan Tindakan Penyalahgunaan Wewenang di Negara Penerima (Receiving State) Tasya Rahim; Efie Baadila; Johanis Steny Franco Peilouw
TATOHI: Jurnal Ilmu Hukum Vol 1, No 12 (2022): Volume 1 Nomor 12, Februari 2022
Publisher : Faculty of Law Pattimura University

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Introduction: Diplomatic representatives who abuse this authority because of their inherent rights of immunity and immunity.Purposes of the Research: This study aims to identify and understand the responsibilities of diplomatic officials who commit acts of abuse of authority in the receiving country according to the 1961 Vienna Convention and to identify and understand the state's responsibility to diplomatic officials who commit acts of abuse of authority in the receiving country. Methods of the Research: This study uses normative legal research methods, using primary, secondary, tertiary legal sources and the collection of legal materials is carried out using library research. Furthermore, the analysis technique uses qualitative analysis and is presented descriptively, namely analyzing the legal material obtained based on the legal rules and to identify and conclude the results of the analysis in accordance with the problems raised.Results of the Research: The form of responsibility of a diplomatic representative or diplomatic official who abuses his authority in the country receiving the diplomatic official can receive consequences in Persona Non Grata, the immunities and privileges of diplomatic officials are removed and the sending country is recalled for trial. Forms of state accountability that can be carried out by North Korea (sending country) to Bangladesh (receiving country) include compensation and satisfaction. Compensation is a form of state responsibility in the form of money payments given due to material losses due to the actions of diplomatic officials who abuse their powers. While satisfaction is a form of state responsibility by apologizing for the actions of its diplomatic officials.
Penegakan Hukum Pidana Terhadap Kegiataan Pertambangan Tanpa Izin Novi Yanti Sandra Tutuarima; Deassy Jacomina Anthoneta Hehanussa; Margie Gladies Sopacua
TATOHI: Jurnal Ilmu Hukum Vol 1, No 12 (2022): Volume 1 Nomor 12, Februari 2022
Publisher : Faculty of Law Pattimura University

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Introduction: This article discusses the enforcement of criminal law against mining activities without a permit that transports mercury/mercury without a permit.Purposes of the Research: The purpose of this article is to discuss law enforcement against mining activities without permits and mining and types of criminal acts in the mining sector. Methods of the Research: The type of research used in this research is normative juridical According to Johnny Ibrahim, normative legal research is a scientific research procedure to establish truth based on scientific logic from the normative side. The normative side here is not limited to laws and regulations.Results of the Research: Still found mining activities without permission in this case the case I met which has come to the court decision where convict narwati Djahiri with a verdict (Number 378 / Pid.B-LH / 2020 / PN. Ambon). There was an arrest by Polairud because he was found transporting mercury / mercury in the waters between Buru island and Ambalau island without a permit from the government.

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