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Muchtar A H Labetubun
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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 6 Documents
 1 
Search results for , issue "Volume 5 Issue 1, March 2025" : 6 Documents clear
The Crime of Spreading Pornographic Content in Digital Media Nugroho, Muhamad Rizal Satrio; Alhadi, Muhammad Nurcholis; Muslim, Ikhwanul
TATOHI: Jurnal Ilmu Hukum Volume 5 Issue 1, March 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v5i1.2890

Abstract

Introduction: As technology continues to advance, it brings significant changes to people’s lives. However, these advancements are also accompanied by threats, one of which is cybercrime. A particular form of this crime is the dissemination of pornographic content, which has substantial negative impacts, both on individual victims and on society as a whole.Purposes of the Research: This study aims to examine the legal regulations in Indonesia governing the dissemination of pornographic content and to analyze the legal protection for victims as stipulated in Law Number 12 of 2022 concerning Sexual Violence Crimes.Methods of the Research: The research method used is normative juridical approach, involving an analysis of relevant laws, such as the Criminal Code, the Electronic Information and Transactions Law, the Pornography Law, and the Law on Sexual Violence Crimes.Findings of the Research: The results of the study show that the dissemination of pornographic content is regulated in articles 282, 296, and 50 of the Criminal Code, as well as Article 27 paragraph (1) and Article 45 paragraph (1) of the Electronic Information and Transaction Law, with strict criminal threats. The Pornography Law and Law Number 1 of 2024 strengthen supervision of electronic systems and administrative sanctions. The Sexual Violence Crime Act provides comprehensive protections for victims, including the right to legal services, psychological support, content removal, and protection from perpetrator threats and lawsuits.
Criminal Liability for the Perpetrator of Wife and Child Abandonment in the Household Findianti, Sinta Annabella; Sopacua, Margie Gladies; Muammar, Muammar
TATOHI: Jurnal Ilmu Hukum Volume 5 Issue 1, March 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v5i1.2917

Abstract

Introduction: Criminal liability is a legal process that ensures that every individual who commits a criminal act must be responsible for his or her actions, in this case the neglect of wife and children, criminal liability serves to provide a deterrent effect to the perpetrator and protect the rights of victims who have been harmed.Purposes of the Research: This study aims to analyze criminal liability for perpetrators of wives and children neglect in the household with a case study of Court Decision Number 45/Pid.Sus/2020/PN Psb.Methods of the Research: The research methods used are normative research, legislative approaches, primary and secondary legal materials and material collection procedures using literature studies. The approaches used are: statute approach, conceptual approach, and casus approach. Legal material tracing techniques using document study techniques, and study analysis using qualitative analysis.Findings of the Research: The results of the study show that criminal liability to the perpetrators of wives and children abandonment in the Court Decision Number 45/Pid.Sus/2020/PN. PSB, namely the defendant in being sentenced to prison for 3 (three) months, besides that the defendant will also improve his behavior and be responsible as the head of household for his family in the future,
Strategy of Dispute Resolution By Business Enterprises in Online Sale Transactions Joris, Tesalonika Luana; Saija, Ronald; Pariela, Marcelo Valentino Geovani
TATOHI: Jurnal Ilmu Hukum Volume 5 Issue 1, March 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v5i1.2940

Abstract

Introduction: The practice of online buying and selling, there are often defaults that disadvantage related parties and cause disputes. Dispute resolution is often faced with problems such as complicated procedures, lack of public understanding of available mechanisms, imbalance of power between business owners and consumers, and limited capacity of dispute resolution institutions.Purposes of the Research: The purpose of this research is to find out how consumer protection against online buying and selling disputes.Methods of the Research: This research is normative in approach with a statutory approach and conceptual approach. The research sources are legal sources related to online transactions in order to increase understanding of the principles of justice, consumer protection, and dispute resolution due to default.Findings of the Research: The results show that as a settlement of disputes due to default, it is necessary to make preventive efforts, namely being aware of the rights and obligations as buyers and sellers to prevent default and repressive efforts for consumer protection with compensation and which can be resolved by litigation and non-litigation. Dispute resolution needs to be synchronized with existing regulations on each e-commerce platform, so that consumers and sellers can follow the dispute resolution mechanism effectively.
Criminological Study of Crime in Ambon City with Island Characteristics Hahury, Charly Timothy; Titahelu, Juanrico Alfaromona Sumarezs; Leasa, Elias Zadrack
TATOHI: Jurnal Ilmu Hukum Volume 5 Issue 1, March 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v5i1.2947

Abstract

Introduction: Ambon City as the center of government, education and economy in Maluku, has also developed into a center for various crimes. This is due to the support of the geographical location of Ambon City and Maluku as a whole as an Island Province. The problem in this writing is how are the characteristics of crime in Ambon City which is characterized by an island and how are efforts to overcome crime in Ambon City which is characterized by an island.Purposes of the Research: The purpose of this writing is to study and analyze the characteristics of crime in Ambon City which is characterized by an island and to study and analyze efforts to overcome crime in Ambon City which is characterized by an island.Methods of the Research: The research method used is empirical juridical, the data sources used are primary data and secondary data. Data collection techniques through observation, interviews and literature studies. Qualitative data analysis techniques.Findings of the Research: The results of the study show that the characteristics of crime in Ambon City which is characterized by an island are divided into 3 groups, namely conventional crimes that stand out are aggravated theft; transnational crimes that stand out are narcotics trafficking crimes; and crimes based on social conflict involving areas/regions that have long been in conflict. Efforts to combat crime in Ambon City begin with identifying the factors that cause crime and linking them to the criminology theories used, after which two approaches are used, namely the penal approach and the non-penal approach to combat various crimes.
Criminal Law Policy in the Distribution of Assistance Funds for Corruption Causes Sidebang, Ledyana Olipia; Lewerissa, Yanti Amelia; Saimima, Judy Marria
TATOHI: Jurnal Ilmu Hukum Volume 5 Issue 1, March 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v5i1.2951

Abstract

Introduction: Indonesia's financial income and expenditure called Fiscal are obtained from three components, namely: Tax, Non-Tax State Revenue, and Grants. However, at the time of fiscal distribution as part of state expenditure in this case aid funds experienced problems that gave rise to criminal acts of Corruption.Purposes of the Research: :  Aims to analyze criminal law policies regarding misused funds and analyze criminal law policies in corruption crimes related to misused aid funds.Methods of the Research: This study uses normative juridical with legal materials used in the study are primary, secondary, and tertiary. The collection technique is carried out through literature studies in the form of books, scientific works, and other literature.Findings of the Research: The results of the study show that the criminal law policy implemented by the Indonesian government is regulated in Law Number 31 of 1999 jo. Law Number 20 of 2001 concerning the Eradication of Corruption. Not only in this law, when Covid-19 hit Indonesia, the Indonesian government issued Government Regulation in Lieu of Law Number 1 of 2020 concerning State Financial Policy and Financial System Stability for the handling of the Covid-19 Pandemic. However, in practice, corruption still occurs in the field, and at the time of the judge's decision does not receive a punishment commensurate according to the deed and is not fully in line with the criminal law policy in Indonesia to eradicate corruption.
Legal Protection of Works Produced by Artificial Intelegence Al Idrus, Rizki; Akyuwen, Rory Jeff; Labetubun, Muchtar Anshary Hamid
TATOHI: Jurnal Ilmu Hukum Volume 5 Issue 1, March 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v5i1.3071

Abstract

Introduction: The development of Artificial Intelligence-based technology in the digital era has implications for human life, one of which is law. One of the interesting legal issues to study related to artificial intelligence is copyright protection.Purposes of the Research: This study aims to determine whether creations resulting from artificial intelligence can be classified as intellectual property and to determine whether artificial intelligence can be equated with employees who work based on employment relationships (Works Made for Hire).Methods of the Research: The research method used by the author is normative. The legal materials used by the author are primary legal materials that are authoritative in the form of laws and regulations, secondary legal materials, namely legal materials that support primary legal materials, namely literature studies (journals and books), and Tertiary (mass media, legal dictionaries, journals, and the internet). The materials obtained were then analyzed using a qualitative descriptive method, namely by analyzing legal materials and then systematically arranged to obtain conclusions.Findings of the Research: The results of the study are 1) showing that the creations produced by AI do not meet the subjective concept of a creation, but meet the objective concept of a creation which therefore could possibly obtain copyright protection. 2) The Works Made For Hire doctrine can be used as a solution, the AI system will be considered an employee. The creation will be allocated directly to the user or programmer, because the AI system is a tool that helps the creator in producing a creation.

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