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TATOHI: Jurnal Ilmu Hukum
Published by Universitas Pattimura
ISSN : -     EISSN : 2775619X     DOI : https://doi.org/10.47268/tatohi
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 5 Documents
 1 
Search results for , issue "volume 5 issue 10, december 2025" : 5 Documents clear
The Legal Consequences of Goods Returns on Business Entities under the Cash on Delivery Payment System
TATOHI: Jurnal Ilmu Hukum Volume 5 Issue 10, December 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v5i10.3141

Abstract

Introduction: E-commerce is a part of e-business that focuses on online buying and selling transactions carried out through electronic media, such as the internet. Payments for E-commerce transactions appear in various forms, for example, e-wallet, micropayment, credit card, even with a cash on delivery (COD) payment system.Purposes of the Research: This research aims to understand and explain the regulations of cash on delivery payment systems in e-commerce and the legal consequences of product returns for business entities regarding cash on delivery payment systems. Methods of the Research: This is conducted through a normative legal method using a statutory approach and a conceptual approach.Findings of the Research: Based on this research, the regulation of the on-site payment system is regulated in the Civil Code, Consumer Protection Act, Electronic Information and Transaction Law and Government Regulation on the Implementation of Electronic Systems and Transactions. The legal consequences experienced by business entities regarding the return of goods made by consumers when shopping through E-commerce are paying compensation to consumers if the goods are not in accordance or damaged and returns with a mechanism that has been determined by each marketplace. The form of guarantee given by the marketplace if the goods are not in accordance or damaged is in the form of free shipping when returning goods which will be fully borne by the marketplace. Meanwhile, if the goods are in accordance, consumers cannot claim a guarantee and are required to make payments with the on-site payment system.
Judge's Considerations in the Matter of Changing the Status of Whistleblower to Justice Collaborator
TATOHI: Jurnal Ilmu Hukum Volume 5 Issue 10, December 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v5i10.3381

Abstract

Introduction: This study discusses the judge's considerations in the case of Daud Ndakularak who initially had the status of a whistleblower and then switched to become a justice collaborator in a corruption case. The focus of the research lies in the analysis of juridical and non-juridical considerations of judges, as well as the application of the provisions of the Supreme Court Circular Letter Number 4 of 2011 regarding the requirements for the change in status.Purposes of the Research: This study aims to analyze the judge's review of the change in the status of Whistleblower to Justice Collaborator on the decision of Daud Ndakularak.Methods of the Research: The research method used is normative juridical with a case study approach, through the analysis of court decisions and related laws and regulations.Findings of the Research: The panel of judges considers both juridical and non-juridical aspects before deciding the case. Juridical considerations include the analysis of the indictment, demands, evidence, and elements of the article charged, while non-juridical considerations include circumstances that are aggravating and mitigating to the defendant. The judge also referred to the provisions of the Supreme Court Circular Letter Number 4 of 2011 in assessing the feasibility of changing the status of whistleblower to justice collaborator. The final verdict revealed that the defendant was legally proven innocent in terms of committing a criminal act of corruption as contained in the primary indictment, therefore the defendant was given freedom from the indictment. This reveals that the judge's assessment of this case or issue is in accordance with the applicable legal provisions.
The Role of Regional Regulations in Optimizing Public Order, Public Order, and Community Protection
TATOHI: Jurnal Ilmu Hukum Volume 5 Issue 10, December 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v5i10.3542

Abstract

Introduction: The regulation of public order and community protection is essential in urban governance, especially in cities experiencing rapid social changes. Yogyakarta City Regional Regulation Number 7 of 2024 concerning the Implementation of Public Order, Community Protection, and Peace serves as a legal framework aimed at fostering an orderly, safe, and participatory urban environment.Purposes of the Research: The purpose of this study is to examine the normative legal basis, institutional implications, and socio-cultural impact of the regulation, as well as its effectiveness in supporting local initiatives to maintain public order and promote legal awareness in the community.Methods of the Research: The research method used in this article is normative juridical, focusing on the analysis of legal norms and their application through statutory, conceptual, and comparative approaches. Legal materials are obtained from legislation, official documents, and scholarly sources, and analyzed qualitatively to evaluate the implementation and implications of the regulation.Findings of the Research: The findings of this study show that the regulation not only strengthens the authority of law enforcement but also promotes community participation through the innovative Model Kampung Panca Tertib program. The five pillar Orderly Buildings, Orderly Roads, Orderly Business, Orderly Environment, and Orderly Society serve as tools to develop a sustainable legal culture at the grassroots level. However, the success of the regulation largely depends on institutional capacity, consistent community engagement, and long-term support from local government actors. Collaboration among stakeholders is essential to realize inclusive and civilized public order.
Reconstructing the Purpose of Sentencing: Rethinking the Effectiveness of Imprisonment in the Contemporary Legal System
TATOHI: Jurnal Ilmu Hukum Volume 5 Issue 10, December 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v5i10.3588

Abstract

Introduction: Indonesia's criminal justice system still places imprisonment as the primary sanction, although its effectiveness is increasingly questioned. The high occupancy rates in correctional facilities, the burden on the state budget, and weak social reintegration indicate a mismatch between the idealized goals of criminal punishment and the reality of practice. This situation calls for a reevaluation of the relevance of prison sentences within the framework of contemporary criminal law.Purposes of the Research: This study aims to re-examine the effectiveness of prison sentences within the framework of Indonesian criminal law following the latest codification, by considering their suitability in relation to the objectives of modern sentencing. The focus is on formulating a prison sentence concept that is proportional, measurable, and oriented towards rehabilitation and social reintegration, making it relevant for the development of criminal law theory and national policy.Methods of the Research: This research uses a normative legal method, focusing on a doctrinal study of statutory regulations, doctrines, and criminal law literature. The approaches used include legislative, conceptual, and comparative approaches to examine the effectiveness of imprisonment and its relevance within the framework of the 2023 Criminal Code, resulting in a systematic, measurable, and academic analysis.Findings of the Research: This study highlights the opportunity to reorganize the orientation of criminal sanctions through the latest codification of criminal law. Imprisonment, no longer dominant, becomes a last resort for minor offenses. Normative analysis reveals the weaknesses of prison, encouraging alternative penalties. This study reconstructs the objectives of criminal sanctions, offering a concept that is more proportional, rehabilitative, and relevant to the needs of national law and policy.
Diversion Regulation for Public Transport Drivers in Criminal Justice to Enhance Road Safety
TATOHI: Jurnal Ilmu Hukum Volume 5 Issue 10, December 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v5i10.3606

Abstract

Introduction: Road transportation plays a vital role in Indonesia’s economic mobility, where public transport drivers are responsible for safely moving people and goods. National data from Social Security Administration and the Indonesian National Police (Korlantas) shows that 61% of traffic accidents are caused by human error, including drivers’ lack of skill, negligence, and reckless behavior, followed by 9% vehicle factors and 30% infrastructure and environmental factors.Purposes of the Research: This article examines the legal framework of diversion as an alternative settlement mechanism for traffic crime cases committed by public transport drivers within Indonesia’s criminal justice system. It also analyzes the requirements of diversion under Articles 310 and 311 of Law Nomor 22 of 2009 and evaluates its implementation in Purwakarta Regency based on fairness, legal certainty, and restorative justice principles.Methods of the Research: This study employs an empirical legal research method to observe how the law operates in practice within society. Data were gathered through field observation, documentation, and analysis of traffic accident cases involving public transport drivers in Purwakarta. The empirical approach enables the researcher to examine the effectiveness of diversion policies within real criminal justice processes.Findings of the Research: The findings show that the regulation of diversion for public transport drivers in traffic accident cases has been effective in Purwakarta. In fatal accident cases, suspects are charged under Article 310(4) of Law Number 22/2009 jo. Article 77 of the Criminal Code. However, when the driver also suffers serious injuries requiring prolonged treatment, diversion may proceed, enabling restorative and legally certain case resolution within the criminal justice system.

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