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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 8 Documents
 1 
Search results for , issue "Vol 3, No 12 (2024): Volume 3 Nomor 12, Februari 2024" : 8 Documents clear
Perlindungan Hukum Pekerja Terhadap Perjanjian Kerja Siahaan, Zefany Odelia Cristy; Tjoanda, Merry; Pattipawae, Dezonda Rosiana
TATOHI: Jurnal Ilmu Hukum Vol 3, No 12 (2024): Volume 3 Nomor 12, Februari 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i12.2110

Abstract

Introduction: Labor law guarantees that every worker has the right to a decent livelihood for humanity, one of which is realized in the form of wages and employers are prohibited from paying wages under the minimum wage provisions. This emphasizes the provision of legal protections for workers to ensure the fulfillment of workers' basic rights. However, in practice there are stillemployers who provide workers with wages below the minimum wage.  Sothat workers have difficulty meeting their needs and workers' right to a decent livelihood for humanity is not achieved. Purposes of the Research: to find out and analyze the implementation of the employment agreement and the legal protection of workers against the employment agreement. Methods of the Research: This research uses the normative legal research method which is carried out by examining legal materials to answer the legal issues faced.Results of the Research: The results showed   that the implementation of the   employment agreement had met the requirements of the employment agreement, but the entrepreneur CV Gemilang Sukses defaulted on the wage element.    Because, in the employment agreement, CV Gemilang Sukses employers promised to pay workers' wages according to the Ambon City Minimum Wage. However, in its implementation, it turns out that the entrepreneur CV Gemilang Sukses pays workers' wages below the Ambon City Minimum Wage.  Then, the legal protection that workers can get from employment agreements is in the form of legal protection of workers for wages, work time, rest time and time off from working overtime, disabled workers, female workers, pregnant, childbirth, child labor, occupational safety and health, termination of employment, labor social security and morals, decency and treatment according to human dignity and dignity. . Such protection can be provided through preventive legal protections such as the creation of employment agreements and the filing of objections before signing employment agreements and through the protection of repressive laws, namely the establishment of efforts to resolve labor disputes.  The existence of legal protection in order to ensure the fulfillment  of the basic rights of workers, equalityvtreatment without discrimination for the realization of welfare for workers   and their families, taking into account the progress of the business world and the interests of employers. 
Perlindungan Hukum Bagi Konsumen Jual Beli Pakaian Bekas Di Kota Ambon Latuconsina, Moh Fadly; Berlianty, Teng; Balik, Agustina
TATOHI: Jurnal Ilmu Hukum Vol 3, No 12 (2024): Volume 3 Nomor 12, Februari 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i12.2109

Abstract

Introduction: There are lots of used clothes being traded in markets and through online shops in the city of Ambon. These consumer rights can be violated by the seller if the consumer unknowingly sees the sale of imported used clothing which is rife in the domestic market to buy clothes that contain lots of bacteria.Purposes of the Research: This study aims to examine the forms of legal protection for consumers for buying and selling used clothing and the responsibility of business actors for consumers of used clothing who are harmed in terms of health.Methods of the Research: The type of research used is normative, which is focused on providing explanations that explain a particular category. Approach the problem of the statute approach (statute approach) and the conceptual approach (conceptual approach). The collection of legal materials through primary legal materials is then free from secondary legal materials. The processing and analysis of legal materials is described in a qualitative way with the aim of describing the findings in the field.Results of the Research: The form of legal protection for consumers for buying and selling used clothes is by issuing Law no. 8 of 1999 concerning consumer protection is meant to be a strong legal basis for the government and consumer protection agencies as an effort to empower consumers through fostering and protecting all buying and selling activities that are detrimental to consumers, in this case used clothing illegally smuggled into various regions without regard to the adverse effects of the used clothes. The responsibility of business actors to consumers of used clothes who are harmed in terms of health. The responsibility of business actors can be requested when business actors violate consumer rights and commit acts that are prohibited according to Article 8 of Law Number 8 of 1999 concerning Consumer Protection, namely business actors are prohibited from trading goods that damaged, defective or used, and polluted without providing complete and correct information on the goods in question.
Perlindungan Hukum Terhadap Perempuan Dan Anak Di Tinjau Dari Hukum Humaniter Internasional Latubual, Godlief Niclas Wenetama; Wattimena, Josina Augustina Yvonne; Hanafi, Irma Halimah
TATOHI: Jurnal Ilmu Hukum Vol 3, No 12 (2024): Volume 3 Nomor 12, Februari 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i12.2108

Abstract

Introduction: As a result of the prolonged conflict between Israel and Palestine, many children and women who have been affected by this conflict have suffered and even died as a result of this war. This unresolved conflict has resulted in a large number of victims from civil society from year to year and is increasing, especially children. Children who should have the right to grow and develop naturally when the war rages all their rights become victims of war, children's rights to grow up are violated without any mercy towards them, whatever the reason for the conflict, this act is a crime against humanity. and violations of children's rights.Purposes of the Research: This writing aims to analyze and find out the legal arrangements for women and children in armed conflicts in terms of international humanitarian law, to analyze and find out the forms of legal protection for women and children in armed conflicts, and as one of the requirements in completing studies at the University Law Faculty Pattimura.Methods of the Research: Normative research method with the type of research is qualitative analysis. The problem approach used is the statute approach, the conceptual approach and the case approach. The sources of legal materials used are Primary legal materials, Secondary legal materials, and Tertiary legal materials and are used as a technique for collecting legal materials, then processing and analyzing legal materials through methods of interpretation, harmonization, systematic and legal discovery.Results of the Research: The results of the study indicate that the legal arrangements for women and children in armed conflict are reviewed from international humanitarian law, namely Additional Protocol II of 1977 concerning the Protection of Victims of Non-International Armed Conflicts, which in Article 4 stipulates that everyone is not directly involved or is no longer involved. in a non-international armed conflict must be treated humanely and no distinction should be made that is detrimental to them. Provisions of the International Covenant on Civil and Political Rights (ICCPR) Article 4 which requires that even in a precarious public situation, fundamental non-derogable rights must still be respected.
Pendekatan Restorative Justice Dalam Penyelesaian Konflik Antar Negeri Di Saparua Manawan, Edgar Erlangga; Pasalbessy, John Dirk; Hattu, Jacob
TATOHI: Jurnal Ilmu Hukum Vol 3, No 12 (2024): Volume 3 Nomor 12, Februari 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i12.2111

Abstract

Introduction: Indonesia in handling conflicts in general is mostly resolved by using the concept of a customs approach: Like the conflict in the Saparua Archipelago, the conflict between Haria and Porto took place from 2011 to 2013, conflicts caused by Boundary Disputes in Air Raja, and brawls school children involving students from Negeri Haria and students from Negeri Porto.Purposes of the Research: This writing aims to find out how the Restorative Justice Approach Process is carried out by the Saparua Police in resolving interstate conflicts in Saparua, as the aim of which is to find out what are the benefits and obstacles encountered in implementing the restorative justice approach.Methods of the Research: This research method is empirical juridical research and uses a sociological approach with the community, data collection techniques through interviews and documents obtained from the library and the authorities, data processing techniques, namely by editing to find out that the data collected is sufficient good or not in supporting problem solving, Data Analysis Method uses qualitative analysis techniques.Results of the Research: The results of the study show that the restorative justice approach applied to social conflicts in Saparua countries is very good and in accordance with the traditional customs of the Saparua people in resolving conflicts, and with the existence of a restorative justice approach it provides certainty of justice for victims, perpetrators and society and conflict resolution is recognized in the eyes of the law because it is a mechanism of the criminal justice system.
Kewenangan Pembentukan Kantor Dewan Perwakilan Daerah Repbulik Indonesia (DPD RI) Di Daerah Pemilihannya Van Harling, Bryan Cristanto; Nendissa, Renny Heronia; Piris, Hendry John
TATOHI: Jurnal Ilmu Hukum Vol 3, No 12 (2024): Volume 3 Nomor 12, Februari 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i12.2115

Abstract

Introduction: 4 DPD-RI offices in their constituencies have only become definitive or owned by DPD RI but 30 other provinces are still using building loan facilities or leasing facilities owned by the Regional Government even though Law No. 17 of 2014 concerning MD3 article 252 describes the DPD RI office must be in the capital city province. Thus it is necessary to have procedures in establishing DPD offices in their constituencies.Purposes of the Research: This writing aims to describe the form of accountability for establishing DPD RI offices in each constituenc.Methods of the Research: The type of research used is normative, which is focused on providing explanations that explain a particular category. Approach the problem of the statute approach (statute approach) and the conceptual approach (conceptual approach). The collection of legal materials through primary legal materials is then free from secondary legal materials. Results of the Research: The procedure for establishing the RI DPD Office can be carried out through the following stages: a) Discussion of the RI DPD office; b) Discussion of Complementary Tools by PURT; c) Submission of the draft to DPD RI; d) Discussion of the development plan by Commission III of the DPR RI; e) Ratification of the DPD RI office construction plan; f) Discussion on the urgency of implementing development by PURT Complementary Tools; g) Cooperation with the Regional Government; h) Construction is underway.
Akibat Kealpaan Pemilik Lahan Yang Memasang Aliran Listrik Laimu, Wa Narti; Titahelu, Juanrico Alfaromona Sumarezs; Latumaerissa, Denny
TATOHI: Jurnal Ilmu Hukum Vol 3, No 12 (2024): Volume 3 Nomor 12, Februari 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i12.2114

Abstract

Introduction: In criminal law, willfulness (dolus) is the desire and understanding that an action and its consequences occur, while negligence (culpa) is unintentional where caution is required of everyone, so as not to result in negligence resulting in death.Purposes of the Research: The purpose of this study is to discuss and analyze the consequences of the negligence of the land owner who installed electricity resulting in the death of people.Methods of the Research: By using normative juridical legal research methods (legal research). Type of descriptive analysis research. The problem approach consists of a statute approach, a conceptual approach, and a case approach. Sources of legal materials consist of: a) primary legal materials, namely the book of criminal law (KUHP), b) law number 30 of 2009 concerning electricity. Secondary legal materials, namely: doctrines, legal literature theories, research results and scientific articles. Tertiary legal materials are legal dictionaries, Indonesian language dictionaries, and websites. The collection and analysis of legal materials is to collect data, compile it methodically and then analyze it qualitatively to get clarity about the problems at hand.Results of the Research: The results of this study are that due to the negligence of the land owner who installs electricity which results in the death of people, it can be categorized as a crime, where due to negligence or negligence the perpetrator flows his garden fence with high-voltage electric current and does not return to turn off the electricity in succession. Consecutive for two days, and did not notify the local community so as to result in the death of someone. Criminal liability of perpetrators of criminal acts of negligence resulting in the death of another person is regulated in Indonesian positive law regulated in Article 359 of the Criminal Code (KUHP) which restrictively reads: "Anyone who because of his mistake (negligence) causes another person to die, is threatened with the death penalty. Imprisonment for a maximum of five years or a maximum imprisonment of one year”.
Kajian Kriminologi Terhadap Aksi Pencurian Kendaraan Bermotor Roda Dua Mahinano, Ririn; Adam, Sherly; Lewerissa, Yanti Amelia
TATOHI: Jurnal Ilmu Hukum Vol 3, No 12 (2024): Volume 3 Nomor 12, Februari 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i12.2113

Abstract

Introduction: The crime of theft of two-wheeled motor vehicles is a crime against property that is not uncommon in developing countries. However, the level of public awareness of the importance of protecting personal property is often ignored, so there are easily many opportunities for criminals to carry out their evil actions.Purposes of the Research: to study and discuss the factors causing the theft of two-wheeled motor vehicles in the jurisdiction of the Ambon Island Police and Lease Islands. As well as to review and discuss the efforts of the Ambon Island Police and Lease Islands in handling the theft of two-wheeled motorized vehicles.Methods of the Research: In this study is empirical juridical. Research location of the Ambon Island Police and Lease Islands. Population is the entire research unit that will be researched and then analyzed, Sample is the set of the population, Respondents are people who will answer questions asked by researchers for research purposes. The data source used is primary data and secondary data. Data collection techniques are carried out by interviews and documentation studies. Data analysis techniques are carried out qualitatively.Results of the Research: Shows that the factors causing the theft of two-wheeled motorized vehicles in the jurisdiction of the Ambon Island Police and Lease Islands are: The economic factor is the most influencing factor so that a person can commit a crime. The educational factor, when associated with the background of the crimes committed, is that the average perpetrator has low education. Environmental factors, whether good or bad, a person's behavior is strongly influenced by his social environment. The factor of negligence of users of two-wheeled motorized vehicles, crime of theft often arises due to the negligence of the user himself, for example by forgetting to lift the key, not locking the motor starter and others. -Lease islands namely: Preemptive efforts are the initial efforts made by the police to prevent the occurrence of the crime of theft of two-wheeled motorized vehicles, preventive efforts are carried out to prevent crimes from occurring. Meanwhile, repressive efforts are efforts to take action in the form of arrests for further legal proceedings against perpetrators who commit theft of two-wheeled motorized vehicles.
Penerapan Keadilan Restoratif Dalam Tindak Pidana Lalu Lintas Kiriwenno, Refliani Drevantly; Sopacua, Margie Gladies; Ubwarin, Erwin
TATOHI: Jurnal Ilmu Hukum Vol 3, No 12 (2024): Volume 3 Nomor 12, Februari 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i12.2112

Abstract

Introduction: The traffic accident that happened to DH (18), a member of the community from Laha Village, Teluk Ambon District, was declared dead after the motorcycle he was driving was hit by a car driven by an RT is a crime that is not a minor crime as stated in the State Police Regulations Republic of Indonesia Number 8 of 2021 concerning the Handling of Crimes Based on Restorative Justice, however this case was resolved peacefully, and investigators stopped the legal process.Purposes of the Research: The research objective at this writing is to examine and discuss the concept of restorative justice in the criminal justice system. Reviewing and discussing restorative justice that can be applied to traffic crimes that result in the death of victims.Methods of the Research: The research method used is empirical juridical research, which is a type of research used to look at legal aspects of social interaction in society.Results of the Research: The concept of Restorative Justice is applied in the Criminal Justice System, for example the National Police Uses the National Police to issue a Circular of the Chief of Police Number: SE/8/VII/2018 dated 27 July 2018 in order to realize the public interest and a sense of justice for people who do not yet have a legal basis and can be used as a guideline for its implementation and in order to realize the non-uniform understanding and application of restorative justice within the Police. In its development, the National Police issued Republic of Indonesia National Police Regulation Number 8 of 2021 concerning Handling of Crimes Based on Restorative Justice. Restorative Justice can be applied in Traffic Crimes that result in the victim dying, using the basis of the Chief of Police Circular Letter Number: SE/8/VII/2018 which is then amended by Republic of Indonesia National Police Regulation Number 8 of 2021 concerning Handling of Crimes Based on Restorative Justice, and Article 236 of Law Number 22 of 2009 concerning Road Traffic and Transportation, as the basis for application.

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