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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 5 Documents
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Search results for , issue "Volume 5 Issue 5, July 2025" : 5 Documents clear
Copyright Infringement in the Distribution of Exclusive Content on Instagram Halawane, Nitha; Akyuwen, Rory Jeff; Narwadan, Theresia Nolda Agnes
TATOHI: Jurnal Ilmu Hukum Volume 5 Issue 5, July 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v5i5.3130

Abstract

Introduction: The advancement of digital technology has led to the widespread distribution of exclusive content on Instagram, including copyright-protected works such as photos and videos. The unauthorized dissemination of such content raises legal issues concerning copyright protection and dispute resolution mechanisms in Indonesia.Purposes of the Research: The purpose of this study is to understand the protection of copyright in relation to the dissemination of exclusive content on Instagram and to identify the dispute resolution mechanisms for such unauthorized distribution.Methods of the Research: This research employs a normative juridical method using statutory and conceptual approaches, based on primary and secondary legal materials. Data collection is conducted through library research, and analysis is carried out descriptively to interpret and systematically organize legal documents in a rational and scholarly manner.Findings of the Research: The results of this studi are paid exclusive content on Instagram is protected under Law Number 28 of 2014 on Copyright, which grants creators both moral and economic rights. Unauthorized distribution, such as by the TikTok account @joingrupexclusive, constitutes a copyright infringement. While Instagram provides reporting mechanisms, the primary responsibility to address violations lies with the rights holder. Disputes may be resolved through negotiation, mediation, conciliation, arbitration (if an agreement exists), or court proceedings. If informal methods fail, litigation in the Commercial Court may be pursued in accordance with Articles 100–101 of the Copyright Law, requiring proof of copyright ownership to impose sanctions, including damages.
Civil Dispute Resolution in Environmental Pollution Cases: A Study on the Implementation of Sustainable Development Goals 13 Meitadewi, Ni Made Putri
TATOHI: Jurnal Ilmu Hukum Volume 5 Issue 5, July 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v5i5.3114

Abstract

Introduction: The resolution of civil disputes in environmental pollution cases is a crucial issue in achieving environmental justice and sustainable development. Environmental pollution that causes harm to communities demands an effective, fair, and sustainable dispute resolution mechanism.Purposes of the Research: This study aims to analyze how the implementation of civil dispute resolution in environmental pollution cases aligns with the Sustainable Development Goals (SDGs) Goal 13, which focuses on climate action.Methods of the Research: The research employs a normative juridical approach with case studies and qualitative analysis, collecting data through literature review and documentation of court decisions.Findings of the Research: The findings reveal that mechanisms such as mediation, civil lawsuits, and class actions have been utilized in certain cases; however, they have not fully reflected ecological justice principles or ensured sustainable environmental recovery. The implementation of SDG 13 in dispute resolution remains partial and has yet to become a central legal guideline. Strengthening regulations and legal awareness that support preventive and restorative approaches is necessary to improve the handling of environmental pollution disputes. This study concludes that synergy between environmental civil law and the principles of SDG 13 must be enhanced to develop a dispute resolution system that not only resolves conflicts but also contributes to long-term environmental protection and restoration.
Criminal Law Formulation Policy for Self-abuse of Narcotics as an Effort to Prevent Prison Overcrowding Efendi, Putri Rahma; Wijayanto, Indung
TATOHI: Jurnal Ilmu Hukum Volume 5 Issue 5, July 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v5i5.3094

Abstract

Introduction: This article will discuss the criminal law formulation policy related to self-abuse of narcotics in the present and future.Purposes of the Research: This article aims to evaluate the application of the health approach to drug abuse treatment under positive law, identify obstacles to implementation, and provide recommendations for regulatory reform to optimize the handling of these cases and reduce overcrowding in correctional institutions.Methods of the Research: The type of research used in this study is normative juridical research or normative legal research using a statutory approach (statue approach) and a comparative approach (comparative approach). The statutory approach is carried out by examining Law Number 35 of 2009 concerning Narcotics, SEMA Number 4 of 2010, and Regulation of the Attorney General Number PER-29/A/JA/12/2015. Meanwhile, the comparative approach is carried out by comparing regulations governing the abuse of narcotics for oneself in countries that have similar legal systems to Indonesia, namely Madagascar, Mexico, and Portugal. The data used is obtained from secondary data sourced from library materials such as official documents, books, research results in the form of reports, and documents relating to self-abuse of narcotics.Findings of the Research: This study found that the policy on narcotics abuse for oneself based on positive law currently uses a health approach, but in its enforcement it is still not optimally implemented. There are still many law enforcement officials who have the understanding that the criminal act of narcotics abuse for oneself is a crime that must be subject to imprisonment. This is what makes prisons in Indonesia overcrowded because most of them are inhabited by prisoners of narcotics crimes. This study recommends the need to reform future regulations regarding the abuse of narcotics for oneself as an effort to prevent prison overcrowding.
Auction Procedure for Dependent Rights as an Effort to Resolve Non-Litigation of Non-Performing Loans by Banks Taufiq, Taufiq; Napitupulu, Diana Ria Winanti
TATOHI: Jurnal Ilmu Hukum Volume 5 Issue 5, July 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v5i5.2993

Abstract

Introduction: Non-performing loans are a major challenge in banking operations that can affect the financial stability and operational performance of banks. One of the non-litigation solutions pursued by banks to resolve such issues is through the auction of mortgage rights over the debtor's collateral.Purposes of the Research: This study aims to examine in detail the procedure for conducting mortgage right auctions as a means of resolving non-performing loans and to assess their effectiveness in providing legal protection for banks.Methods of the Research: The research method used is normative juridical with a statutory and case study approach. Normative Juridical Approach is chosen because the main focus of the research is to analyze and examine the applicable legal norms related to the procedure of mortgage right auctions as a solution for resolving non-performing loans.Findings of the Research: The results show that the auction of mortgage rights is carried out through the State Assets and Auction Service Office (KPKNL) based on Law Number 4 of 1996 on Mortgage Rights and relevant Minister of Finance Regulations. The procedure includes stages such as notification, collateral assessment, auction announcement, auction execution, and distribution of auction proceeds. Although this process offers a more efficient alternative compared to litigation, practical obstacles still exist, such as debtor objections, lengthy auction processes, and administrative hurdles. Therefore, regulatory harmonization and improved coordination between banks, KPKNL, and relevant parties are necessary to enhance the effectiveness of mortgage right auctions as a non-litigation solution for non-performing loans.
Perpetrators of Spreading Hoaxes Through Social Media During the 2019 Presidential Election in Indonesia Albasier, Muhammad Heykal; Alhadi, Muhammad Nurcholis; Muslim, Ikhwanul
TATOHI: Jurnal Ilmu Hukum Volume 5 Issue 5, July 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v5i5.2988

Abstract

Introduction: The spread of hoaxes on social media during elections in Indonesia has become a troubling phenomenon and threatens the integrity of democracy.Purposes of the Research: This study aims to examine the legal arrangements in the Electronic Information and Transactions Law and criminal liability for perpetrators of spreading hoaxes on social media during elections.Methods of the Research: The research method used is normative juridical research with a legislative approach and qualitative analysis of secondary data in the form of legal documents, literature, and previous research results.Findings of the Research: The results show that the Electronic Information and Transactions Law provides a strong legal basis to take action against the perpetrators of hoax distribution with quite severe criminal threats. However, the implementation of this law still faces challenges, especially in terms of law enforcement and public education on digital literacy. This study suggests the need for increased cooperation between the government, social media platforms, and the public in combating hoaxes and improving digital literacy to prevent the spread of misleading information.

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