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Contact Name
Muchtar A H Labetubun
Contact Email
jurnaltatohi@gmail.com
Phone
+6285243175321
Journal Mail Official
jurnaltatohi@gmail.com
Editorial Address
Ir. M. Putuhena Campus Poka-Ambon
Location
Kota ambon,
Maluku
INDONESIA
TATOHI: Jurnal Ilmu Hukum
Published by Universitas Pattimura
ISSN : -     EISSN : 2775619X     DOI : -
Core Subject : Social,
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
Search results for , issue "Vol 2, No 12 (2023): Volume 2 Nomor 12, Februari 2023" : 9 Documents clear
Keabsahan Pengelolaan Destinasi Pariwisata Kota Tual Ditinjau Dari Undang-Undang Nomor 10 Tahun 2009 Tentang Kepariwisataan Nurul Fatiha Renuat; Julista Mustamu; Merlien Irene Matitaputty
TATOHI: Jurnal Ilmu Hukum Vol 2, No 12 (2023): Volume 2 Nomor 12, Februari 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i12.1462

Abstract

Introduction: Tual City as an autonomous region that has regional tourism potential currently cannot be managed optimally by the regional government and regional apparatus in this case the tourism office.Purposes of the Research: The purpose of this study is to find out and analyze tourism destination managers who are carried out without being based on the Master Design for Tourism Development and to find out and analyze the legal consequences of managing tourism destinations without being based on the Master Design for Tourism Development. Methods of the Research: This research is a normative research that refers to the legislation and legal materials related to the substance of the research, then linked to the main problems in this research. The approach taken in this research is a statutory approach and a conceptual approach.Results of the Research: The results of the research are that the first management of tourism destinations cannot be carried out without being based on the Master Design for Tourism Development because it is not based on the Regional Tourism Development Master Plan (RIPPARDA) as a special regulation governing tourism and the second result is that the main legal consequence is that no budget is disbursed. to the local government and related devices because the requirement for a regional budget is the existence of the Regional Tourism Development Master Plan (RIPPARDA) so that tourism management in Tual City automatically becomes hampered and cannot run optimally.
Manfaat Pemidanaan Dalam Penanggulangan Tindak Pidana Narkotika Milton Lilipory; John Dirk Pasalbessy; Yanti Amelia Lewerissa
TATOHI: Jurnal Ilmu Hukum Vol 2, No 12 (2023): Volume 2 Nomor 12, Februari 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i12.1461

Abstract

Introduction: The criminalization of narcotics offenders is often subject to heavy penalties, but for potential perpetrators there is no deterrent effect, even recidivist or repeat offenders never feel deterred. Therefore, it is necessary to find alternative solutions to narcotics abuse more effectively so that it can have a deterrent effect on both the perpetrators and potential perpetrators.Purposes of the Research: The purpose of this study is to analyze and explain the meaning and purpose of imposing criminal sanctions against narcotics abuse, so that the perpetrators or potential perpetrators become deterrent, as well as to discuss the purpose of imposing heavy penalties for perpetrators of drug abuse in terms of the theories of the purpose of punishment that have been adopted in the development of criminal law. Methods of the Research: The method used in this study is a normative juridical method with a statutory approach, a conceptual approach and a case approach. The legal materials used are library law materials. Thus, the legal materials studied and analyzed in normative legal research consist of primary legal materials, such as legislation, secondary legal materials in the form of legal literature, consisting of books, scientific journals, legal documents and so on, as well as legal materials. tertiary in the form of legal dictionaries, encyclopedias and so on.Results of the Research: Based on the results of the study, it is shown that the imposition of serious crimes against narcotics traffickers is not always able to solve the problem of lawbreakers, both seen from the theories of classical criminal law, modern criminal law and new classical criminal law. This is reasonable because the prevention of crime lies not only in the model or duration of the punishment given and served later, but on the criminal system adopted in a country that it adheres to. The problem of whether or not a person is deterred is not determined by how much sanctions are given, because the provision of sanctions and whether or not a person is deterred depends on the attitude of people and society towards the crime he feels.
Perlindungan Hukum Terhadap Anak Korban Kekerasan yang dilakukan oleh Orang Tua Wali Jeheskel Retraubun; Sherly Adam; Carolina Tuhumury
TATOHI: Jurnal Ilmu Hukum Vol 2, No 12 (2023): Volume 2 Nomor 12, Februari 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i12.1460

Abstract

Introduction: A child is vulnerable to being a victim of abuse. The perpetrator could be the closest person, it is even possible that the child's parents themselves.Purposes of the Research: The purpose of this paper is to analyze and discuss the regulation of the rights of children victims of violence in the care of their parents guardians in the law as well as to analyze and discuss forms of special protection for children victims of violence by their parents. Methods of the Research: The type of research used is a normative legal research type (juridical normative), the problem approach used in this paper is a statutory approach (statute approach), concept analysis approach (analytical approach) and case approach (case approach). The materials used are primary legal materials and secondary legal materials. The collection of legal materials carried out in this study was carried out through library research, then analyzed using qualitative methods.Results of the Research: The regulation of legal protection for children victims of violence in the care of parents guardians in the law where the law of protection of children victims of violence committed. Forms of legal protection for children who are victims of violence carried out by parents and guardians provided by the government are coaching, mentoring, and social, health, physical and mental recovery. Then the form of special protection provided by the community and parents is to provide facilities and infrastructure, create a conducive atmosphere for children's growth and development, and nurture, nurture, educate and protect children.
Proses Persidangan Perkara Perdata Berdasarkan Peraturan Mahkamah Agung (PERMA) Nomor 1 Tahun 2019 Tentang Administrasi Perkara dan Persidangan di Pengadilan Secara Elektronik Virgie Diva Syahran; Ronald Saija; Sabri Fataruba
TATOHI: Jurnal Ilmu Hukum Vol 2, No 12 (2023): Volume 2 Nomor 12, Februari 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i12.1459

Abstract

Introduction: The e-Court system was created as a form of service for the community, especially justice seekers in terms of accommodating the online case settlement process.Purposes of the Research: To find out how the procedures for implementing e-Court are in accordance with applicable rules and whether or not there are obstacles in the implementation of this system, especially in the Ambon District Court. Methods of the Research: This research is a normative legal research supported by empirical data in the form of facts needed in the field, with a descriptive analytical research type, as well as legal materials which include primary legal materials, secondary legal materials and tertiary legal materials. The collection of legal materials is carried out through interviews and literature studies, which are descriptive and analytical in nature.his research is a normative legal research with analytical descriptive nature.Results of the Research: The results of this study, namely, first, that E-Court is a way to expedite the proceedings in the Court, as regulated in the principles of justice according to Supreme Court Regulation Number 1 of 2019 concerning Case Administration and Trial in Electronic Courts. Second, the electronic Court introduced by the Supreme Court allows several stages of the process in the Court to be carried out online. Third, the implementation of the e-Court system has various obstacles, one of which is the lack of public counseling and information regarding the application of this system, and there are still advocates who have not been verified or registered.
Kedudukan Dan Hak Ahli Waris Terhadap Harta Warisan Menurut Kitab Undang – Undang Hukum Perdata Jessica Manuela Lewerissa; Barzah Latupono; Agustina Balik
TATOHI: Jurnal Ilmu Hukum Vol 2, No 12 (2023): Volume 2 Nomor 12, Februari 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i12.1458

Abstract

Introduction: If someone dies, then all of his rights and obligations are transferred or transferred to his heirs. Purposes of the Research: This writing aims to find out the position of the heir to the inheritance, to find out who is entitled to the inheritance left by.Methods of the Research: The research method is very important to get accurate data so that it is said to be a tool or a way to guide in conducting research.Results of the Research: In the event of the death of a person, which is a legal event, it also causes legal consequences in the management and continuation of the matters and obligations of a person who dies. In addition, the occurrence of a position and the rights of the heirs will have consequences in the position and rights of the heirs to the inheritance. In addition, when viewed from the four groups above, they inherit sequentially, namely first those who are called or act as heirs of group I, then only groups II, III, and IV. In connection with the case example, all of the heirs have the same position and rights over the inheritance of the heirs, even Out-of-Marriage Children can inherit by replacement of place or better known as in Dutch "plaatsvervulling" and Out-of-Marriage Children inherit part of the rights from their parents. who has died Thus the Civil Code does not recognize the difference between men and women, married or unmarried, adults or underage, all of whom are considered as heirs who have the same position and rights over part of the inheritance which is an inherited property. left by the heir. Thus, if viewed from the examples of the cases studied, it can be seen that all children of the descendants of their heirs are entitled to enjoy the inheritance because the heirs have 7 children, so each division gets 1/7 of the inheritance. In addition, it is also necessary to know that if the testator wants to give his property before he dies to one of his children, it should be given with a written will or made by an authorized official.
Perlindungan Hukum Bagi Pihak Yang Dirugikan Dalam Perjanjian Kerjasama Pembiayaan Biji Nikel Hamada Reinaldy Mantulameten; Merry Tjoanda; Novyta Uktolseja
TATOHI: Jurnal Ilmu Hukum Vol 2, No 12 (2023): Volume 2 Nomor 12, Februari 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i12.1457

Abstract

Introduction: This article analyzes the business cooperation agreement which in practice, the principle of balance is often ignored, so that when a default occurs, the creditor consortium cannot force the debtor to carry out its achievements through the execution of the debtor's assets as collateral, due to the lack of collateral provided by the debtor.Purposes of the Research: The purpose of this article is to find out the implementation of the financing cooperation agreement between PT Kingstone Anugerah Perkasa and PT Bumi Putera Abadi and PT Mineral Trobos, and to find out about legal protection for the aggrieved party in the financing cooperation agreement between PT Kingstone Anugerah Perkasa and PT Bumi Putera Abadi with PT Trobos Minerals. Methods of the Research: The research method used is normative juridical with a statutory approach conseptual approach and case approach, and uses secondary data and is analyzed qualitatively.Results of the Research: The financing cooperation agreement between PT Kingstone Anugrah Perkasa and PT Bumi Putera Abadi and PT Mineral Trobos did not go well. This is because in the post-contract/implementation phase of the agreed contents of the agreement, PT Mineral Trobos defaulted by not carrying out its obligation to complete the permit no later than 60 days from the signing of the financing cooperation agreement, so that PT Kingstone Anugrah Perkasa and PT Bumi Putera Abadi have the right to filed a lawsuit for default of PT Mineral Trobos to the Kendari District Court.
Penegakan Hukum Hak Cipta Terhadap Download Film Pada Situs Ilegal Arixellis Juan Efraim Hahury; Theresia Nolda Agnes Narwadan; Muchtar Anshary Hamid Labetubun
TATOHI: Jurnal Ilmu Hukum Vol 2, No 12 (2023): Volume 2 Nomor 12, Februari 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i12.1456

Abstract

Introduction: Copyright is the exclusive right of the creator that arises automatically based on declarative principles after a work is realized in a tangible form, without reducing restrictions in accordance with the provisions of laws and regulations. Copyright has been protected by Law Number 28 of 2014. But in reality, there are still many copyright violations such as downloading movies on sites on illegal sites.Purposes of the Research: This study aims to determine Copyright Law Enforcement Against Downloading Films on Illegal Sites. Methods of the Research: The type of research used in this thesis is the type of empirical research. The data collection method used is the method of observation, interviews and literature then the data obtained were analyzed descriptively qualitatively so as to reveal the expected results and conclusions on the problem.Results of the Research: The results of the study show that the enforcement of copyright law on downloading films on illegal sites has not been carried out in accordance with applicable law. This is based on the fact that copyright law enforcement is influenced by several factors, namely legal factors, law enforcement, infrastructure, society and culture. Legal factors, in this case the Law, have contained regulations related to copyright, but law enforcement factors have not been effective in carrying out their duties. In addition, the infrastructure factor in this case is related to the lack of support for communication facilities which is an obstacle related to reporting copyright infringement. Then the community factor and cultural factor, in this case the community still commits violations related to film copyright.
Pengujian Nuklir (Rudal Balistik) Oleh Korea Utara Menurut Perspektif Hukum Internasional Putri Anggineysia Bangsa; Josina Augustina Yvonne Wattimena; Johanis Steny Franco Peilouw
TATOHI: Jurnal Ilmu Hukum Vol 2, No 12 (2023): Volume 2 Nomor 12, Februari 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i12.1455

Abstract

Introduction: The nuclear tests (ballistic missiles) carried out by that country are in fact contrary to a number of international legal instruments.Purposes of the Research: To know and understand the regulations regarding nuclear (ballistic missiles) in international law and to see in general that North Korea's nuclear test (ballistic missiles) actions are contrary to international law. Methods of the Research: This study uses a normative juridical research type with a descriptive analysis type of research which in the problem approach uses a law, conceptual and case approach with primary, secondary and tertiary legal materials which are then used qualitative analysis techniques.Results of the Research: The act of nuclear testing (ballistic missiles) is actually a form that is not prohibited under international law. However, the intended nuclear test is not carried out arbitrarily but must be in accordance with the instrument or basis for the testing arrangement. Tracing and analyzing the testing actions carried out by North Korea turned out to be contrary to international law where based on every resolution sanctioned by the United Nations Security Council, they wanted to be part of a series of contradictory actions. Apart from that, based on the 1945 United Nations Charter and the 1968 Treaty on the Non-Proliferation of Nuclear Weapons in article VI, it also provides a description of the actions by the North Korean State which indeed violate international law.
Pemberhentian Tidak Dengan Hormat Anggota Kepolisian Negara Republik Indonesia Rido Leiwakabessy; Jemmy Jefry Pietersz; Renny Heronia Nendissa
TATOHI: Jurnal Ilmu Hukum Vol 2, No 12 (2023): Volume 2 Nomor 12, Februari 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i12.1463

Abstract

Introduction: Disrespectful dismissal of members of the Indonesian National Police must be in accordance with the provisions of the legislation.Purposes of the Research: Therefore, this paper aims to examine and analyze the validity of dishonorable dismissal and legal remedies that can be taken. Methods of the Research: The research method used is normative juridical, using a statutory approach and a conceptual approach. The legal materials used in this study are primary legal materials and secondary legal materialsResults of the Research: The recommendation for dishonorable discharge issued by the Commission for the Professional Code of Ethics of the Indonesian National Police to the violator, namely Markus Junus Pattimaipau, as the basis for the issuance of a decree by the Maluku Regional Police Chief regarding Disrespectful Dismissal is not in accordance with the mechanism of the provisions of the applicable laws and regulations. Apart from that, the recommendation for dishonorable dismissal that is issued if it is related to the legal requirements of a decision does not meet the requirements of the procedure and substance and general principles of good governance, then the decision can be said to have no validity. The issuance of the Decree of the Head of the Maluku Regional Police regarding the dishonorable discharge of the Indonesian National Police Service which has no further validity. Markus Junus Pattimaipau in the aspect of legal protection who is harmed by the State Administrative Decree may file legal remedies based on the provisions of the applicable laws and regulations.

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