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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
 1 
Search results for , issue "Volume 5 Issue 9, November 2025" : 5 Documents clear
Legal Liability of Bhukti Praja Sewakadarma Regional Housing for Vehicle Loss Ningrat, Ni Nyoman Tara; Kurniawan, I Gede Agus
TATOHI: Jurnal Ilmu Hukum Volume 5 Issue 9, November 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v5i9.3510

Abstract

Introduction: The issue of vehicle loss in paid parking areas has frequently led to disputes between consumers and parking operators in Indonesia. In practice, parking operators often attempt to avoid liability by including exemption clauses on parking tickets, thereby creating legal uncertainty for consumers. This situation becomes particularly significant when examined in relation to the role of the Regional Public Company (Perusahaan Umum Daerah / Perumda) Bhukti Praja Sewakadarma, which manages parking facilities in Denpasar City as part of its public service function. This study seeks to examine the legal framework governing the liability of parking operators for vehicle loss under Indonesian legislation and to analyze the scope and limits of Perumda Bhukti Praja Sewakadarma’s legal responsibility within the framework of positive law.Purposes of the Research: The purpose of this research is to analyze the legal standing of parking service users vis-à-vis parking operators and to determine the form of liability that may be imposed on Perumda Bhukti Praja Sewakadarma in the event of vehicle loss.Methods of the Research: The research employs normative legal methods with statutory, conceptual, and case approaches, supported by descriptive qualitative analysis.Findings of the Research: The findings indicate that parking operators, including Perumda Bhukti Praja Sewakadarma, bear strict liability in protecting consumers against losses arising from vehicle theft or disappearance. Jurisprudence, particularly the Central Jakarta District Court Decision Number: 551/Pdt.G/2000/PN Jkt.Pst, confirms that exemption clauses contained in parking tickets are legally invalid. The originality of this research lies in its emphasis on delineating the scope of liability of Perumda as a regional public company, demonstrating the integration of public service principles with consumer protection in the context of parking management.
Sentencing Disparities in Judicial Considerations of Electronic Sexual Violence Cases Nazrin, Mohamad; Prasetyo, Bayu; Elviandri, Elviandri
TATOHI: Jurnal Ilmu Hukum Volume 5 Issue 9, November 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v5i9.3410

Abstract

Introduction: Indonesia, as a state governed by the rule of law, upholds equality before the law and the protection of human rights as fundamental principles. However, the rapid development of digital technology has created new challenges, particularly the emergence of electronic sexual violence, which has raised significant public concern. Although Law Number: 12 of 2022 regulates such crimes, judicial practice reveals sentencing disparities that undermine legal certainty and victim protection.Purposes of the Research: This study aims to analyze the causes of judicial sentencing disparities in cases of electronic sexual violence and examine their implications for law enforcement in Indonesia.Methods of the Research: The research employs a normative juridical method with a library research approach. Data were collected from primary legal materials such as statutory regulations, secondary legal materials including literature, doctrines, and previous studies, as well as tertiary legal materials such as legal dictionaries and encyclopedias.Findings of the Research: The findings indicate the existence of disparities in three court decisions that applied similar provisions but resulted in significantly different sentences. Factors contributing to these disparities include differences in judicial interpretation, the application of individualized sentencing principles, and non-juridical considerations. Such disparities have serious implications, including diminished legal certainty, reduced deterrence for offenders, weakened victim protection, and declining public trust in the judiciary. Therefore, the establishment of consistent, transparent, and victim-oriented sentencing guidelines is essential to ensure substantive justice in Indonesia’s criminal justice system.
Misuse of Forest Products Transport Documents Ramadhan, Muhammad Alief Faizal; Asram, Asram; Rasyid, Wahyu
TATOHI: Jurnal Ilmu Hukum Volume 5 Issue 9, November 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v5i9.3400

Abstract

Introduction: This study examines the juridical review of the misuse of timber transport documents in Sidenreng Rappang Regency, with a case study of Decision Number 222/PID/B/LH/2023/PN Sdr.Purposes of the Research: The study aims to identify the forms of misuse of timber transport documents and analyze the judge's considerations in sentencing offenders involved in such misuse.Methods of the Research: The research employs a normative-empirical approach. The normative approach involves analyzing legal theories, principles, doctrines, and relevant regulations, such as Law No. 18 of 2013 on the Prevention and Eradication of Forest Destruction. The empirical approach is conducted through direct observation and interviews with judges at the Sidenreng Rappang District Court.Findings of the Research: The result reveal that the misuse of timber transport documents occurs when the documents used do not correspond to the actual physical condition of the transported timber, thereby violating applicable legal provisions. In Decision No. 222/PID/B/LH/2023/PN Sdr., the judge considered various factors, including aggravating and mitigating circumstances, before imposing a sentence of one year in prison and a fine of IDR 500,000,000. However, from the author's perspective, this decision requires further review, considering the possible involvement of other parties in this criminal act.
Implementation of Investigation into School Uniform Corruption Crime Firdaus, Sarah; Sukmareni, Sukmareni
TATOHI: Jurnal Ilmu Hukum Volume 5 Issue 9, November 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v5i9.3373

Abstract

Introduction: The perpetrators of corruption crimes are difficult to detect and organized by one person, the Payakumbuh District Attorney's Office, which handles the case, being one of the institutions assigned to handle this case. An ideal and balanced solution is needed to address this crime, which may be considered a national problem.Purposes of the Research: Examining the implementation, factors and obstacles that occur in the crime of corruption of elementary and junior high school uniforms within the Education Office (Disdik) of Fifty Cities Regency at the Payakumbuh District Attorney's Office.Methods of the Research: This research utilizes an empirical juridical research strategy, which is an approach to studying law with a focus on the direct application of legal rules that apply to various legal events that occur in society.Findings of the Research: The implementation of investigations into corruption cases at the Payakumbuh District Attorney's Office, prosecutors face several obstacles, to overcome these obstacles strategic efforts are needed, with these efforts, especially at the Payakumbuh District Attorney's Office, can take place faster, transparently, and in accordance with the principles of justice, as well as regrow public trust in law enforcement, with the aim of enforcing the law, restoring state finances, and providing a deterrent effect for perpetrators corruption.
Sexual Violence Against Girls Committed by Next of Kin Timisela, Victor Riko Febrianko; Sopacua, Margie Gladies
TATOHI: Jurnal Ilmu Hukum Volume 5 Issue 9, November 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v5i9.3107

Abstract

Introduction: Sexual violence against children has long-term impacts and reflects systemic failures in protection, especially when perpetrators are family members. Despite existing regulations, cases continue to rise, and victims often remain silent due to social pressure. This study is needed to understand the root causes and develop more effective prevention strategies.Purposes of the Research: This study aims to analyze the contributing factors of sexual violence committed by close family members against children and to examine the efforts made to address the issue.Methods of the Research: The method used is empirical juridical research with a descriptive qualitative approach.Findings of the Research: The research findings reveal that the main factors contributing to sexual violence within families include economic dependence, power dynamics, individual factors, family dysfunction, and socio-cultural influences. Common modus operandi used by perpetrators involve power relations, threats and intimidation, emotional manipulation, normalization of abuse, and creating opportunities for violence. In terms of curative approaches, relevant institutions provide psychological support and rehabilitation, legal aid and advocacy, medical care and recovery, temporary shelters, as well as social reintegration and family support.

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