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Muchtar A H Labetubun
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INDONESIA
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 476 Documents
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Perlindungan ABK Indonesia Yang Bekerja Di Kapal Asing Berdasarkan Unclos 1982 Wahyuni Boeng; Arman Anwar; Richard Marsilio Waas
TATOHI: Jurnal Ilmu Hukum Vol 1, No 8 (2021): Volume 1 Nomor 8, Oktober 2021
Publisher : Faculty of Law Pattimura University

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Introduction: This study discusses the legal review of the protection of Indonesian crew members working on foreign ships based on UNCLOS 1982 related to cases of environmental pollution carried out by South Korean ships in the Strait of Hormus, Persian Gulf, Iran involving 2 (two) Indonesian crew members in hold by Iran.Purposes of the Research: Analyze the detention of crew members in accordance with international law and analyze the responsibility of the Indonesian government in the process of releasing and repatriating Indonesian crew members detained by the Iran government.Methods of the Research: This research uses the juridical normative method by using a statutory approach, a conceptual approach, and a case approach.Results of the Research: The results showed that the detention by the Iranian government of the ship and crew of Hankook Chemi, South Korea was in accordance with international law based on the provisions of Article 73 of UNCLOS 1982, namely that the coastal State has the authority to enforce the legislation of the coastal State. However, the Indonesian government also has the right to provide legal protection to Indonesian crew members. The forms of protection of the Government of Indonesia consist of 3, namely: technical protection, juridical protection, and political protection, based on the Law of the Republic of Indonesia Number 39 of 2004 concerning the placement and protection of Indonesian workers abroad.
Perlindungan Hukum Bagi Penduduk Sipil Di Wilayah Konflik Armenia Azerbaijan Cherry Evans Dgwait Timisela; Lucia Charlota Octovina Tahamata; Dyah Ridhul Airin Daties
TATOHI: Jurnal Ilmu Hukum Vol 1, No 8 (2021): Volume 1 Nomor 8, Oktober 2021
Publisher : Faculty of Law Pattimura University

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Introduction: The protection of the civilian population in the presence of an international armed conflict has been speciafically regulated in Genewa Convention IV 1949 concerning the Protection of Civilians in Conflict Areas. However, in the conflict over the territory of Nagorno-Karabakh by the State of Armenia and Azerbaijan, there are still a number of violations against civilians, where during the conflict, many civilian casualties continue to fall.Purposes of the Research: For this reason, this study aims to examine and determine the mechanisms and forms of protection for civilians in armed conflict according to Genewa Convention IV 1949. Methods of the Research: This research is a normative legal research, using a law approach and a case approach. Research data sources include primary, secondary and tertiary data sources. Data collection techniques in the form of literature studies. The data analysis technique used is descriptive qualitative.Results of the Research: The results showed that there were violations against the civilian population in the Nagorno-Karabakh conflict area by the State of Armenia and Azerbaijan, in the form of killing, raping, holding hostages, and discrimination.
Penyelesaian Sengketa India-China melalui Mahkamah Internasional Andy Christopher Fallen; Efie Baadila; Josina Agusthina Yvonne Wattimena
TATOHI: Jurnal Ilmu Hukum Vol 1, No 8 (2021): Volume 1 Nomor 8, Oktober 2021
Publisher : Faculty of Law Pattimura University

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Introduction: Aksai Chin is a region located in the border between India and China territories. This particular region has been in dispute for two countries since the Sino-Indian War in 1962. India holds on a demarcation line; passed down by England colony; a line called McMahon Line. Meanwhile China holds on different line called Line of Actual Control (LAC). The two countries do not share same perspective on demarcation line until these days. Plenty of agreements and treaties were made but did not produce expected result for both countries. The conflict occurred once again with the latest incident happened in Aksai Chin border when the border patrols of both countries were attacking each other.Purposes of the Research: This event triggered some questions regarding how to put an end to this international dispute. The aims of this research are to provide a resolution to end the long dispute between India and China, to find out the middle ground or the better solution. Methods of the Research: Type of research used is juridical normative, that is concept of law that is textual (law in books) or concept of law as a norm as guidance to how society behave in proper manner, by using case approach, statue approach and conceptual approach.Results of the Research: In this research it was concluded that in international law there has been a regulation on how to set the boundaries of a country. The basis for determining borders, namely unwritten provisions and provisions. In recent developments, state boundaries are more determined by sources and processes of international law, such as self-determination, the principle of uti possidetis juris, effective occupation, state succession and national boundary agreements. The most potential mechanism for this case is through the International Court of Justice, first it is because the International Court of Justice (ICJ) is much more practical because it has permanent judges who are recognized. Second, with the International Court of Justice (ICJ) if a party in the case does not fulfill the obligations imposed by the ICJ decision, the other party can directly call the attention of the World Security Council if necessary to request a recommendation or determine the actions taken to make the decision possible.
Pemalsuan Bukti C1 Rekapan Pada Proses Pemilihan Legislatif Marcellino Lessil; Elsa Rina Maya Toule; Denny Latumaerissa
TATOHI: Jurnal Ilmu Hukum Vol 1, No 11 (2022): Volume 1 Nomor 11, Januari 2022
Publisher : Faculty of Law Pattimura University

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Introduction: The crime of forgery of letters committed by prospective members of the legislature, legally the crime of forgery that occurs is a form of general election crime.Purposes of the Research: This study aims to determine, examine, and analyze the application of the law and the reasons for termination in the case of falsification of evidence C-1 recap in the legislative election process. Methods of the Research: The research method in this writing uses a normative juridical research type. The research approach used is a statutory approach and a conceptual approach. The procedure for collecting legal materials uses library research, as well as legal material analysis techniques in this study using qualitative analysis techniques.Results of the Research: The research method in this paper uses a normative juridical research type. The research approach used is a statutory approach and a case approach. The procedure for collecting legal materials uses library research, as well as legal materials analysis techniques in this study using qualitative analysis techniques
Wewenang Ombudsman Republik Indonesia Dalam Pemeriksaan Maladministrasi Tes Wawasan Kebangsaan Pegawai Komisi Pemberantasan Korupsi Dedi Rusman Tuarita; Victor Juzuf Sedubun; Eric Stenly Holle
TATOHI: Jurnal Ilmu Hukum Vol 1, No 12 (2022): Volume 1 Nomor 12, Februari 2022
Publisher : Faculty of Law Pattimura University

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Introduction: Law Number 37 of 2008 concerning the Ombudsman gives authority to the Ombudsman to supervise and examine the implementation of public services for maladministration by state officials. However, in carrying out its authority, the ombudsman is faced with the problem of the KPK TWK and receives a report on the maladministration of the KPK employee TWK, so this raises the issue of whether the KPK employee TWK is part of maladministration and part of the administration of public services.Purposes of the Research: This study aims to find out the Ombudsman of the Republic of Indonesia has the authority to examine maladministration of the national insight test of employees of the corruption eradication commission. Methods of the Research: Type of research used is normative, namely research that is based on the rule of law that can provide an explanation of the problems being studied. The problem approach is the legal approach (statute approach) and the conceptual approach (conceptual approach). The collection of legal materials through primary legal materials is then linked to secondary legal materials.Results of the Research: Ombudsman of the Republic of Indonesia has the authority to examine maladministration of the national insight test of corruption eradication commission employees, as that the TWK of KPK employees is part of the object of maladministration examination which is a term related to the duties of the ombudsman according to the form and concept of maladministration and based on article 1 number 3 Law No. 37 of 2008. and TWK of KPK employees are part of public services within the scope of administrative services as referred to in Article 5 paragraphs (1) and (2), Article 46 paragraph (1) of Law Number 25 of 2009 and as well as maladministration in the implementation TWK which resulted in 51 KPK employees being dismissed, so that KPK employees reported TWK maladministration to the ombudsman. Thus the ombudsman carries out his duties and functions in examining the TWK of KPK employees according to the provisions of Article 6 and Article 7 of Law No. 37 of 2008 which gives the ombudsman the authority to receive maladministration reports.
Perempuan Sebagai Pelaku Kekerasan dalam Rumah Tangga Fabio Alexsandro Soselisa; Elsa Rina Maya Toule; Carolina Tuhumury
TATOHI: Jurnal Ilmu Hukum Vol 1, No 12 (2022): Volume 1 Nomor 12, Februari 2022
Publisher : Faculty of Law Pattimura University

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Introduction: Domestic Violence is a crime that has been happening globally for a long time and usually the perpetrators are men, but women can become perpetrators of Domestic Violence because women are one of the spheres of the household.Purposes of the Research: To be able to find out how the accountability of women as perpetrators in criminal acts of domestic violence. Methods of the Research: The method used is a normative research method with a statute, conceptual, and case approach.Results of the Research: In responsibility for the crime, there are processes or stages that must be carried out by perpetrators of domestic violence, starting from the police, the prosecutor's office, and in court. in handling criminal cases, for female perpetrators, the Supreme Court issues Perma No. 3 of 2017 concerning Guidelines for Adjudicating Cases of Women Against the Law, which in this Perma focuses on women as victims, women as witnesses and, women as perpetrators of criminal acts, and in sentencing the sentence usually depends on the judge's decision in accordance with legal facts and laws, or regulations.
Studi Tentang Penetapan Tersangka Dalam Kasus Prostitusi Online Annisa Fujiyanti; John Dirk Pasalbessy; Erwin Ubwarin
TATOHI: Jurnal Ilmu Hukum Vol 1, No 12 (2022): Volume 1 Nomor 12, Februari 2022
Publisher : Faculty of Law Pattimura University

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Introduction: The practice of temporary sexual intercourse, which is more or less carried out with anyone, for monetary compensation. The three main elements in the practice of prostitution are: payment, promiscuity and emotional indifference in this case the suspect based on Law No. 21 of 2007 on online prostitution named vika who lent a room to prostitutes but he did not know that it would be used for prostitution in his room.Purposes of the Research: The purpose of this paper is to find out the evidence used in determining the suspect in online prostitution and the role in providing rooms to become a suspect. Methods of the Research: The method used is empirical juridical research. This type of research is descriptive-analytic. Data obtained From the field data used in this study, primary data and secondary data, data collection techniques are through interviews and qualitative data analysis.Results of the Research: The use of medical approval as evidence of decision Number 114/Pdt.G/2020/PN Bjm was not carried out thoroughly so that it resulted in material and immaterial losses. Factors that influence the use of medical consent as evidence include; lack of patient knowledge, answering patient doubts, confirming procedures in laws and regulations, proving doctors in the feasibility of doing something related to medical work.
Perlindungan Hukum Bagi Pemilik Merek Tidak Terdaftar Nadia Irvan; Rory Jeff Akyuwen; Agustina Balik
TATOHI: Jurnal Ilmu Hukum Vol 1, No 12 (2022): Volume 1 Nomor 12, Februari 2022
Publisher : Faculty of Law Pattimura University

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Introduction: In Indonesia, trademark rights can be obtained after registering a trademark. However, there are still many business actors who have not registered their trademarks due to a lack of understanding about brands.Purposes of the Research: The purpose of this study is to analyze and examine the legal protection for unregistered trademark owners in Ambon City. Methods of the Research: The method used in analyzing and reviewing is normative juridical using a conceptual framework and legal materials derived from literature studies to solve problems qualitatively.Results of the Research: The results of this study indicate that the brand is a distinguishing mark that must be protected. However, in Indonesia it only protects registered trademarks, it is hoped that in the future Indonesia can provide fair and equitable legal protection for a brand through a combined protection system between a declarative system and a constitutive system. The combined protection system which is intended as a right to a mark is granted to the first user of a mark provided that the first user can prove that he is the first user, and registration is proof of use.
Perlindungan Hukum Konsumen Terkait Jual Beli Tiket Pesawat Secara Online Moh Jihad Labetubun; Merry Tjoanda; Muchtar Anshary Hamid Labetubun
TATOHI: Jurnal Ilmu Hukum Vol 1, No 12 (2022): Volume 1 Nomor 12, Februari 2022
Publisher : Faculty of Law Pattimura University

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Introduction: Development of transportation, especially air transportation, is now growing very rapidly, supported by today’s technology, this also causes various kinds of problems, especially in buying and selling airplane tickets online, many complaints from consumers such as delays in confirming e-tickets that have been purchased, unilaterally increase the interests of the travel party which is certainly very detrimental to the consumer.Purposes of the Research: The obectives of this research are: to find out and analyze business actors in selling airplane tickets online is against consumer losses. This research includes normative legal research conducted with a legal  and conceptual approach. Data collection techniques by means of literature study, documents study. Methods of the Research: The type of research is normative juridical, with two approaches, namely the conceptual approach and the legal approach.Results of the Research: Bassed on the result of the study, it shows that consumer protection in buying and selling airplane tickets online has not been running properly because the Consumer Protection Act can be implemented because business actors are still obligated, prohibited and have consumen rights. Especially in providing correct, clear and honest information. This is because business actors are solely looking for their own profit. Consumer results get guarantees for consumer rights. The responsibility of the business actor or seller here is to make compensation based on Article 19 parragraph (1) of Law Number 8 of 1999 concerning Consumer Protection.
Pelaksanaan Fatwa Dewan Syariah Nasional tentang Layanan Pembiayaan Berbasis Teknologi Informasi Berdasarkan Prinsip Syariah Pada Perusahaan Fintech Syariah Muhammad Septian Hadrianto; La Ode Angga; Sabri Fataruba
TATOHI: Jurnal Ilmu Hukum Vol 1, No 12 (2022): Volume 1 Nomor 12, Februari 2022
Publisher : Faculty of Law Pattimura University

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Introduction: In the decision of the DSN Fatwa Number 117/DSN-MUI/II/2018 part two point 2 of the fatwa it is also stated that the implementation of information technology-based financing services based on sharia principles must follow the provisions contained in this fatwa. but in fact there are still Sharia Fintech Companies that have not fully implemented the DSN-MUI fatwa as was done by PT. Indonesian Sharia Funds that still provide interest to the recipient of financing for the sharia products they offer.Purposes of the Research: The purpose of this study is 2 (two), namely to analyze and review the implementation of the DSN-MUI Fatwa Number 117/DSN-MUI/II/2018 on Sharia Fintech companies and to analyze and examine the legal strength of the DSN MUI Fatwa Number 117/DSN-MUI /II/2018 in binding Sharia Fintech Companies. Methods of the Research: The type of research is normative juridical, with two approaches, namely the conceptual approach and the statutory approach.Results of the Research: The results of this study indicate that in previous research conducted by Ferdian Mahmuda, sharia fintech companies were found which in implementing the Fatwa DSN MUI Number 117/DSN-MUI/II/2018 did not apply it thoroughly and classified as violating the provisions set by the MUI. The National Sharia Council, therefore the MUI Fatwa still has legal force as long as a financial institution in its financial activities implements sharia principles, including in this case a Sharia Fintech company, so that if its financial operational activities conflict with sharia principles, the DPS will report to DSN, then DSN recommends the violation to OJK to take action as regulated in Financial Services Authority Regulation (POJK) Number 77 of 2016 concerning Information Technology-Based Lending and Borrowing Services CHAPTER XII Article 47, which contains administrative sanctions tration to be provided to the financial institution referred to by OJK.

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