cover
Contact Name
Muchtar A H Labetubun
Contact Email
jurnaltatohi@gmail.com
Phone
+6285243175321
Journal Mail Official
jurnaltatohi@gmail.com
Editorial Address
Ir. M. Putuhena Campus Poka-Ambon
Location
Kota ambon,
Maluku
INDONESIA
TATOHI: Jurnal Ilmu Hukum
Published by Universitas Pattimura
ISSN : -     EISSN : 2775619X     DOI : -
Core Subject : Social,
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
Search results for , issue "Volume 6 Issue 1, March 2026" : 5 Documents clear
The Effectiveness of the Absentee Ownership Ban in Supporting National Food Security Soediro, Soediro; Muhammad, Mahdi
TATOHI: Jurnal Ilmu Hukum Volume 6 Issue 1, March 2026
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v6i1.3780

Abstract

Introduction: Agricultural land constitutes a strategic foundation for national food security and food sovereignty. However, absentee ownership—where land is held by individuals who neither reside near nor actively cultivate it—continues to weaken agricultural productivity and distort land governance. Although the Basic Agrarian Law formally prohibits such practices, structural and normative deficiencies hinder effective enforcement.Purposes of the Research: This study aims to analyze the effectiveness of absentee ownership prohibition regulations and formulate policy recommendations to improve their implementation in order to support food security.Methods of the Research: The research employs a normative juridical (doctrinal) method focusing on positive legal norms governing absentee land ownership. It utilizes statutory, conceptual, and public policy approaches to assess regulatory coherence, enforcement limitations, and the need for reform, particularly in strengthening agrarian governance and its integration with national food policy frameworks.Findings of the Research: The findings demonstrate that the existing regulatory regime remains weak in supervision, operational definitions of active management, progressive sanctioning mechanisms, and integration with sustainable agricultural land protection policies. This study advances agrarian scholarship by repositioning the expansion of the absentee prohibition as a strategic governance instrument directly linked to land productivity, sustainable utilization, and national food security enhancement. This research offers a new perspective by integrating the prohibition of absentee ownership into a comprehensive food security policy framework, which has not been widely explored in the literature.
The Legal Structure's Impact on Crime Reduction: Challenges and Opportunities M D, Sintong Hamonangan; Panggabean, Mompang Lycurgus; Siregar, Rospita Adelina
TATOHI: Jurnal Ilmu Hukum Volume 6 Issue 1, March 2026
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v6i1.3753

Abstract

Introduction: This paper analyzes the strategic role of legal structure in addressing crime as a social phenomenon that threatens public order and legal stability. Legal structure comprises legal norms and law enforcement institutions, including the police, prosecutors, courts, and correctional facilities, which collectively support crime prevention, law enforcement, and offender rehabilitation.Purposes of the Research: The research aims to examine the functions of legal structure in preventing, suppressing, and rehabilitating criminal conduct, as well as to identify institutional and societal challenges affecting the effectiveness of crime control.Methods of the Research: This study applies a normative juridical approach, using statutory and conceptual analysis to assess criminal law policies and the performance of the criminal justice system in crime prevention and control.Findings of the Research: The findings reveal that legal structure operates through three key stages: legislative formulation grounded in legality, proportionality, and humanism; judicial application requiring institutional coordination within the criminal justice system; and administrative execution focused on offender rehabilitation and reintegration. The study identifies internal obstacles such as corruption, limited institutional capacity, regulatory complexity, and bureaucratic inefficiency, alongside external challenges including low public legal awareness, unequal access to justice, and rapid technological change. The research proposes reforms to strengthen institutional integrity, enhance legal capacity and infrastructure, harmonize regulations, expand legal education and free legal aid, and promote restorative justice involving community participation. The originality of this study lies in its integrated, stage-based analysis of legal structure and its emphasis on institutional synergy and public engagement as essential elements for sustainable crime prevention and substantive justice.
The Judicial Commission's Supervisory Authority on the Behavior of Constitutional Court Judges Pohwainyaan, Almendo Imanuel; Salmon, Hendrik; Irham, Muhammad
TATOHI: Jurnal Ilmu Hukum Volume 6 Issue 1, March 2026
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v6i1.3253

Abstract

Introduction: Indonesia as a legal state upholds the principle of rule of law based on the 1945 Constitution, has institutions such as the Supreme Court, Constitutional Court, and Judicial Commission (KY) that play an important role in the justice system.Purposes of the Research: The purpose of this paper is to analyze and discuss the authority of the Judicial Commission in supervising constitutional judges and to analyze and explain the mechanism of Judicial Commission supervision of constitutional judges after Constitutional Court Decision Number: 005/PUU-TV/2006.Methods of the Research: The type of research used is normative juridical research. The problem approach used is a statutory approach and a conceptual approach. Sources of legal materials are primary legal sources and secondary legal materials. Procedures for collecting legal materials through literature studies. Processing and analyzing legal materials qualitatively.Findings of the Research: The results showed that to achieve a good and ideal judicial system, it can be realized by maintaining the objectivity and integrity of decisions and the behavior of judges in the judicial power, but currently the position and authority of the Judicial Commission (KY) as an external supervisory institution of the judiciary is still very weak due to restrictions by the Constitutional Court Decision Number: 005/PUU/IV-2006 and a narrow interpretation of the 1945 Constitution, so to answer the needs of the community, it is necessary to revise Law Number 18 of 2011 to explicitly emphasize the authority of KY in supervising all judges, including constitutional judges. KY must also be recognized as a state institution that is equal to the Supreme Court and the Constitutional Court in the Indonesian constitutional system, in accordance with the principle of checks and balances, to ensure effective, transparent and accountable supervision.
Legal implications Parental Responsibility Due to Electronic Agreements Made by Minors Souhoka, Elma; Berlianty, Teng; Labetubun, Muchtar Anshary Hamid
TATOHI: Jurnal Ilmu Hukum Volume 6 Issue 1, March 2026
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v6i1.3247

Abstract

Introduction: The current era of globalization has resulted in very rapid technological developments, people are facilitated in meeting their needs through electronic transactions. However, the ease of conducting electronic transactions means that it can also be done by minors, this certainly has legal consequences from the electronic agreement made so that parents/guardians can be held accountable for the agreement.Purposes of the Research: The purpose of this study is how to enrich the understanding of parental responsibilities in electronic agreements carried out by minors.Methods of the Research: Normative legal research, with a statute approach and a conceptual approach.Findings of the Research: Results study This show that agreement electronics that are done by children under age , no legitimate in a way law based on Article 1320 of the Civil Code and Article 46 of the Regulations Government Number 71 of 2019 concerning with condition legitimacy a agreement . Parents or guardians are responsible answer on agreement electronics that are done by child , responsibility answer the in law civil Indonesia known with draft vicarious liability (responsibility substitute ) which is set in Article 1367 of the Civil Code , in matter this parents can do payment on purchased products or follow intrusion from the party perpetrator business For repair error (filing return goods).
Removal of Boundary Markers on Sebatik Island: Legal Implications for Regional Sovereignty and Protection of Border Communities Titaley, Gracio Sulistyo; Wattimena, Josina Augustina Yvonne; Leatemia, Wilshen
TATOHI: Jurnal Ilmu Hukum Volume 6 Issue 1, March 2026
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v6i1.3231

Abstract

Introduction: Borders represent a manifestation of state sovereignty. The relocation of boundary markers between Indonesia and Malaysia on Sebatik Island without formal agreement violates international law. Such actions may alter legally recognized territorial boundaries and thus constitute a breach of sovereignty, potentially leading to serious legal implications.Purposes of the Research: The purpose of this study is to analyze the legal consequences of relocating boundary markers between nations, particularly between Indonesia and Malaysia on Sebatik Island. It also examines the implications for territorial sovereignty, bilateral relations, and the provisions of international law governing officially recognized and binding state borders.Methods of the Research: This research is a normative legal research “legal research" is a study of documents (using legal material sources such as laws and regulations, court decisions, legal theories and or opinions of scholars). In simple terms, this type of research is also called doctrinal legal research, literature or document studies.Findings of the Research: The study found that unilateral stake removals not only violate international law, but also threaten the economic and social rights of border communities, as well as weaken Indonesia's bargaining position in bilateral negotiations. In addition, weak surveillance in the border area also allows for unilateral transfers by interested parties.

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