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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 2, April 2025" : 6 Documents clear
The Urgency of Victim Impact Statements in Handling Sexual Violence Cases in Indonesia Andries, Desebrina Lupitha; Latupeirissa, Julianus Edwin; Saimima, Judy Marria
TATOHI: Jurnal Ilmu Hukum Volume 5 Issue 2, April 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v5i2.2953

Abstract

Introduction: Victim Impact Statement (hereinafter referred to as VIS) is a mechanism that provides an opportunity for victims or their families to convey the psychological, physical, social, and financial impacts resulting from a criminal act. The purpose of VIS is to provide the victim’s perspective in the judicial process to help judges understand the consequences of the criminal act, especially during the sentencing phase.Purposes of the Research: The aim of this research is to examine and analyze the urgency of VIS in the Indonesian criminal justice system and its influence on sexual violence cases.Methods of the Research: This research uses a normative legal research method with a legislative approach, a conceptual approach, and a comparative approach. The data collected is analyzed qualitatively to understand the role of VIS in the criminal justice system.Findings of the Research: The results of the research show that the decision of the Padang High Court Number 119/PID.Sus/2024/PT.PDG, where the defendant was acquitted despite sufficient evidence, highlights the importance of applying VIS in the criminal justice system in Indonesia. To date, VIS has not been implemented in Indonesia, but this case reflects the need for a better mechanism to ensure that victims' rights are truly upheld in the judicial process. Therefore, integrating VIS into the Indonesian criminal justice system is necessary to enhance protection for victims, particularly in sexual violence cases.
Legal Protection Against Insults on Social Media as a Form of Cyberbullying: Case Study of Decision Number: 21/Pid.Sus/2020/PN.Lbo Zahrah, Mutiara; Alhadi, Muhammad Nurcholis; Prasetyo, Bayu
TATOHI: Jurnal Ilmu Hukum Volume 5 Issue 2, April 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v5i2.2907

Abstract

Introduction: The phenomenon of insults on social media as a form of Cyberbullying or bullying in cyberspace is an act of intimidation, humiliation, humiliation, or deliberate harassment through the internet, focusing on the case study of Decision Number: 21/Pid.Sus/2020/PN.lbo. The main issues raised are the legal protection of victims of cyberbullying and the effectiveness of law enforcement in Indonesia.Purposes of the Research: To identify the protection mechanisms available to victims and assess the extent to which the law can be enforced against the perpetrators of cyberbullying.Methods of the Research: The research method used is normative juridical, with a legislative approach and case studies. Data were collected through a review of the literature, including relevant Laws and the results of previous research.Findings of the Research: Showing that in the Cyberbullying case at the Lamboto District Court, the defendant was sentenced in accordance with the Electronic Information and Transaction Law for defamation on social media. This decision emphasizes justice, legal fairness, and protection for victims and provides a deterrent effect for perpetrators while showing that the Judge's commitment to providing justice in the judiciary in handling crimes in cyberspace.
Liability of Debtors for Default on Credit Agreements In Savings and Loan Cooperatives Noya, Jelien Bridelia; Tjoanda, Merry; Haliwela, Nancy Silvana; Lenggono, Roy Prabowo
TATOHI: Jurnal Ilmu Hukum Volume 5 Issue 2, April 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v5i2.2968

Abstract

Introduction: Cooperatives are one of the people's choices to develop their business by lending business capital, in the implementation of credit in savings and loan cooperatives, there are often problems such as late payments (bad loans) to defaults that cause losses for the cooperative, where savings and loan cooperatives have provided benefits to the community according to the purpose of the cooperative.Purposes of the Research: To analyze and review the Debtor's Responsibility for the Default of Credit Agreement in the Savings and Loan Cooperative.Methods of the Research: The research method used is normative juridical with the approach used in this study is a conceptual approach, to answer existing problems, the author collects legal materials through literature studies and analysis with descriptive analysis methods.Findings of the Research: The results of this study show that the implementation of credit in savings and loan cooperatives that occur in the community has not gone well, because there are often verbal credit agreements that cause problems. If the debtor does not resolve the default can be attributed as a default, and the default can be accounted for in court. So that the credit agreement in the savings cooperative must be in writing so that it can be strong evidence and not be a problem, so that the government is obliged to carry out supervision on cooperatives, especially for collection officers who directly go down to the community.
Position of Consignment in Land Acquisition Whose Whereabouts Are Unknown Djokdja, Dwiky Oryza; Laturette, Adonia Ivone; Radjawane, Pieter
TATOHI: Jurnal Ilmu Hukum Volume 5 Issue 2, April 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v5i2.2957

Abstract

Introduction: Consignment as an act of depositing compensation is contained in Article 1 paragraph (9) of the Supreme Court Regulation Number 2 of 2021 and compensation in court is also explained in the Civil Code in Article 1404 of the Civil Code.Purposes of the Research: The purpose of this study is to examine the position of consignment in land acquisition where the whereabouts of the heirs are unknown. This study helps in seeing the procedures and position of consignment in land acquisition for heirs whose whereabouts are unknown.Methods of the Research: The research method used in this writing is normative research methods. Thus, this research collects data using library research, namely in the form of scientific materials such as legislation, books, official documents, publications and research results.Findings of the Research: Based on the applicable regulations, the position of the consignment where the position of the consignment that has been entrusted by the land acquisition committee to the district court against the owner and heirs who are unknown or the owner and heirs whose whereabouts are unknown is the full right of those who are unknown so that the consignment must be kept until the owner or heirs appear, so that if the owner and heirs do not appear for a long time it will not change the position of the consignment because it has become the full right of the owner and heirs.
Granting of Dependent Rights: A Legal Comparison Between Indonesia and Malaysia Saro, Inoto; Pasaribu, Simon Alex; Napitupulu, Diana Ria Winanti
TATOHI: Jurnal Ilmu Hukum Volume 5 Issue 2, April 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v5i2.2989

Abstract

Introduction: The enforcement of security rights plays a crucial role in debt guarantee systems, balancing the interests of creditors and debtors. Although both countries share a civil law tradition, significant differences exist in their execution mechanisms, particularly regarding the role of the courts, auction procedures, and the protection of debtor rights. In Indonesia, execution procedures are governed by Law Number 4 of 1996 on Mortgage Rights, which allows creditors to initiate either a parate execution or litigation through court proceedings. In contrast, Malaysia mandates judicial foreclosure for all mortgage enforcements, as regulated under the National Land Code 1965 and the applicable procedural rules.Purposes of the Research: This study aims to analyze and compare the procedures for executing mortgage objects between Indonesia and Malaysia.Methods of the Research: This research adopts a normative juridical and descriptive-comparative approach by examining statutory regulations, court decisions, and relevant legal literature from both jurisdictions.Findings of the Research: The findings reveal that Indonesia’s system offers speed and flexibility but poses a higher risk of procedural abuse, while Malaysia’s judiciary-based approach provides greater debtor protection at the cost of increased time and legal expenses. The study also identifies practical challenges such as administrative delays, high execution costs, and legal uncertainties. Accordingly, this research recommends strengthening the oversight of execution practices in Indonesia and considering the introduction of a statutory limitation period, as implemented in Malaysia, to ensure a balanced approach between efficiency and justice in mortgage enforcement systems.
The Distribution of Inheritance in the Customary Law Community Before the Death of the Muwaris Reviewed from Islamic Law Nawardi, Hamdan; Latupono, Barzah; Angga, La Ode
TATOHI: Jurnal Ilmu Hukum Volume 5 Issue 2, April 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v5i2.3081

Abstract

Introduction: The process of inheritance is to act as an alternative to the attitude of property ownership between the deceased and the person who leaves it, while according to the term it is something without which there will be no law, for example thaharah (purification) is a valid condition for prayer, if it is not cleaned before prayer, the prayer is undoubtedly invalid, however, doing thaharah, does not mean when you want to pray.Purposes of the Research: To find out and explain the factors behind the inheritance distribution system before the deceased in Gunung Village, South Buton Regency and to know and explain the views of Islamic law regarding inheritance distributed before the deceased died.Methods of the Research: The research method used in this writing is normative legal research. As for answering the problems in this study, the author uses three problem approaches, namely the statute approach, the case approach, and the conceptual approach. The procedure for collecting legal materials carried out by the author is to search and collect laws and regulations related to the legal issues faced. Laws and regulations in this case include both legislation and regulations. The analysis of legal materials uses a qualitative method, which is a study related to legal norms contained in international laws and regulations and legal norms in society.Findings of the Research: The results of this study show that the Distribution of Inheritance According to Islamic Law, which refers to Article 171 of the Compilation of Islamic Law, there are several provisions that have been stipulated in regulating inheritance. The view of Islamic law regarding inheritance distributed before the heir dies is that in Islamic law there is no division of inheritance before the heir dies, if this happens then in Islamic law it is called Hibah.

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