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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 476 Documents
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Perlindungan Tenaga Kesehatan Sukarela Di Daerah Konflik Bersenjata Menurut Hukum Internasional Zian Rahmatullah; Josiana Agusthina Yvonne Wattimena; Arman Anwar
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: This study discusses the implementation of the protection of voluntary health workers in areas of armed conflict who work independently or under the auspices of national and international humanitarian organizations that have a very large role in providing medical assistance.Purposes of the Research: This study aims to examine and understand international law governing the protection of voluntary health workers in areas of armed conflict and to analyze the implementation of the protection of voluntary workers from the Syrian armed conflict. Methods of the Research: The research method used is normative juridical research or doctrinal legal research by examining legal literature using a law approach and a case approach. the use of legal material sources consists of primary, secondary, and tertiary legal materials. The technique of collecting legal materials is through literature study using qualitative analysis techniques.Results of the Research: The results showed that the protection for the safety of voluntary health workers, the security of buildings and medical equipment and their facilities in the war in Syria had not been carried out optimally in accordance with the provisions of international law, namely the 1949 Geneva Conventions and the 1977 Additional rotocol, because there were still acts of violation from the parties involved. conflict in Syria that threatens the safety of life, including the security of buildings and facilities for voluntary health workers.
Tanggung Jawab Perwakilan Diplomatik Yang Melakukan Tindakan Penyalahgunaan Wewenang di Negara Penerima (Receiving State) Tasya Rahim; Efie Baadila; Johanis Steny Franco Peilouw
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: Diplomatic representatives who abuse this authority because of their inherent rights of immunity and immunity.Purposes of the Research: This study aims to identify and understand the responsibilities of diplomatic officials who commit acts of abuse of authority in the receiving country according to the 1961 Vienna Convention and to identify and understand the state's responsibility to diplomatic officials who commit acts of abuse of authority in the receiving country. Methods of the Research: This study uses normative legal research methods, using primary, secondary, tertiary legal sources and the collection of legal materials is carried out using library research. Furthermore, the analysis technique uses qualitative analysis and is presented descriptively, namely analyzing the legal material obtained based on the legal rules and to identify and conclude the results of the analysis in accordance with the problems raised.Results of the Research: The form of responsibility of a diplomatic representative or diplomatic official who abuses his authority in the country receiving the diplomatic official can receive consequences in Persona Non Grata, the immunities and privileges of diplomatic officials are removed and the sending country is recalled for trial. Forms of state accountability that can be carried out by North Korea (sending country) to Bangladesh (receiving country) include compensation and satisfaction. Compensation is a form of state responsibility in the form of money payments given due to material losses due to the actions of diplomatic officials who abuse their powers. While satisfaction is a form of state responsibility by apologizing for the actions of its diplomatic officials.
Penegakan Sanksi Hukum Kepada Penyelenggara Pemilihan Kepala Daerah Yang Mempengaruhi Pemilih Viantrus Maupiku; Julista Mustamu; Sherlock Halmes Lekipiouw
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 oath/promise of the Provincial KPU, Regency/Municipal KPU members in carrying out their duties and authorities will work sincerely, honestly, fairly, and carefully for the success of the General Election and the establishment of democracy and justice, as well as prioritizing the interests of the Unitary State of the Republic of Indonesia over personal or group interests.Purposes of the Research: This writing aims to identify and analyze the enforcement of legal sanctions for Regency KPUs that are proven to influence voters in the regional head election process. Methods of the Research: The research method used is normative juridical research with descriptive analytical research. The problem approach used is a legal approach and a conceptual approach. The sources of legal materials used are primary legal materials and secondary legal materials. The collection technique is through a literature study, then the legal materials collected are then analyzed qualitatively.Results of the Research: The results of the study indicate that the enforcement of administrative legal sanctions against Jakob Alupatti Demny as the Head of MBD Regency KPU is in accordance with the provisions of Article 27 paragraph (2) of Law Number 15 of 2011 concerning Election Organizers which explains that members of KPU Regency KPU, Provincial KPU, and Regency KPU The city is dishonorably dismissed if it violates the oath/promise of office and/or the code of ethics. However, until now Jakob Alupatti Demny is still a member of the MBD Regency KPU.
Pembentukan Kementerian Investasi/Badan Koordinasi Penanaman Modal Menurut Sistem Hukum Indonesia Evant Gray Sipayung; Victor Juzuf Sedubun; Vica Jillyan Edsti Saija
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: Indonesia as a state of law in every policy taken by the government must be in accordance with the Indonesian legal system, including the formation of the ministry of investment which is regulated in law number 39 of 2008 concerning state ministries and consists of indicators for the formation of ministries.Purposes of the Research: This study aims to identify and analyze the legal basis for the formation of a state ministry and to determine whether the establishment of the investment ministry/investment coordinating agency is in accordance with Law No. 39 of 2008. Methods of the Research: This research uses normative legal research methods, statutory and conceptual approaches to collecting legal materials by means of literature studies and then analyzed.Results of the Research: The legal basis for the formation of state ministries is the 1945 Constitution of the Republic of Indonesia, Law 39 of 2008 and the issuance of Presidential Decree No. 72/P of 2021 and Presidential Decree No. 63 of 2021 and the establishment of the investment ministry does not consider indicators of efficiency and effectiveness.
Kajian Krimonologis Penanganan Kejahatan Percabulan Terhadap Anak Rafli Rizki Rasyid; Deassy Jacomina Anthoneta Hehanussa; Hadibah Zachra Wadjo
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: This article discusses cases of sexual immorality against children which continue to increase from time to time in terms of quantity and quality. The perpetrators of sexual abuse against children are mostly from the environment around which the child is locatedPurposes of the Research: This article aims to examine and discuss the factors causing the crime of child sexual abuse and the obstacles encountered by the West Seram Police. Methods of the Research: The research method used in this research is the juridical-empis method or in other words the sociological legal research method and is called field research. This type of research is analytical using a juridical-empirical approach. The data used include primary data, namely direct data and secondary data, namely indirect data.Results of the Research: The results of this study indicate that the incidence of fornication against children in the West Seram District Police increased due to alcohol, economic factors, lack of parental supervision and mass media factors. And the obstacles encountered were the lack of legal understanding from the community so that they were less cooperative in fulfilling the summons of investigators.
Penegakan Hukum Pidana Terhadap Kegiataan Pertambangan Tanpa Izin Novi Yanti Sandra Tutuarima; Deassy Jacomina Anthoneta Hehanussa; Margie Gladies Sopacua
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: This article discusses the enforcement of criminal law against mining activities without a permit that transports mercury/mercury without a permit.Purposes of the Research: The purpose of this article is to discuss law enforcement against mining activities without permits and mining and types of criminal acts in the mining sector. Methods of the Research: The type of research used in this research is normative juridical According to Johnny Ibrahim, normative legal research is a scientific research procedure to establish truth based on scientific logic from the normative side. The normative side here is not limited to laws and regulations.Results of the Research: Still found mining activities without permission in this case the case I met which has come to the court decision where convict narwati Djahiri with a verdict (Number 378 / Pid.B-LH / 2020 / PN. Ambon). There was an arrest by Polairud because he was found transporting mercury / mercury in the waters between Buru island and Ambalau island without a permit from the government.
Kajian Hukum Islam Tentang Wasiat Wajibah Kepada Ahli Waris Beda Agama Safira Rahmi Khouw; La Ode Angga; Sabri Fataruba
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: In Islamic Inheritance Law, the person who is entitled to receive inheritance from the heir is also a Muslim, so it is very difficult for people who are not Muslim to be able to inherit even if the heir and heirs have a relationship as husband and wife, therefore it needs a breakthrough from the judge.Purposes of the Research: To find out and analyze Mandatory Wills according to Islamic Law and Supreme Court Decision Number 16K/AG/2010 relating to Mandatory Wills to non-Muslims. Methods of the Research: The research method used is normative legal research, all legal materials, both primary, secondary, and tertiary are collected and compiled qualitatively.Results of the Research: The results of this study indicate that the provisions of the mandatory will according to the Compilation of Islamic Law also apply to adoptive parents and adopted children, as regulated in Article 209 of the Compilation of Islamic Law, namely: a. the inheritance of the adopted child is divided according to Articles 176 to 193 of the KHI, while the adoptive parents who do not receive a will are given a mandatory will as much as 1/3 of the inheritance of their adopted child; and b. against adopted children who do not receive a mandatory will as much as 1/3 of the inheritance of their adoptive parents. Furthermore, although in Islamic law a wife who is a non-Muslim religion is not entitled to inherit property from her Muslim husband, but on the basis of the judge's considerations using the results of ijtihad from fiqh experts who expand the provisions regarding mandatory wills which only apply to relatives who are not married, obtaining inheritance from the heir to apply also to a wife who is a religion other than Islam is the most likely way as a middle and alternative way to be taken in order to create justice.
Penggunaan Persetujuan Medis Sebagai Alat Bukti Gunawan Tamher; Ronald Saija; Muchtar Anshary Hamid Labetubun
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: Informend Consent is an agreement that is given after receiving information. Approval of action to be taken by the doctor must be done without any element of coercion.Purposes of the Research: The purpose of this paper is to determine the use of Informend Consent as evidence in civil disputes and the factors that influence it. Methods of the Research: The research method used is normative juridical, the approach used in this research is the statutory approach, conceptual approach and case approach. Sources of legal materials used are primary legal materials, secondary and tertiary legal materials. The technique of collecting legal materials carried out in this research is through a literature study, then analyzed using qualitative methods.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 Konsumen Terkait Harga Barang Yang Tidak Sesuai Tertera Pada Etalase Dan Struk Belanja Dewi Masitha; Theresia Louize Pesulima; Agustina Balik
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: Consumer protection at this time cannot be separated from trading activities.Purposes of the Research: The purpose of writing this paper is. To find out the legal protection for consumers and the responsibilities of business actors regarding inappropriate prices in storefronts and shopping receipts. Methods of the Research: The research method used is normative juridical, with a statutory and conceptual approach. The sources of legal materials used are primary, secondary, and tertiary legal materials.Results of the Research: The results show that legal protection for consumers is to protect consumer rights, namely the right of consumers to obtain correct, honest and clear information regarding the state of guaranteed services and goods and rights to be served and treated honestly and correctly without discrimination. Thus, it can be seen that if there is a difference between the price of the goods listed and the price or tariff charged at the time of payment, the lowest price or tariff shall prevail.
Pelanggaran Hak Asasi Manusia oleh Milisi dalam Perang Saudara di Nigeria Marten Karelauw; Arman Anwar; Veriena Josepha Batseba Rehatta
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: Militia can serve as a supplement to the regular military, or they can oppose it, for example against military coups.Purposes of the Research: This writing aims to analyze and examine how the international legal arrangements regarding militias in a country. Methods of the Research: The research method in this paper uses a prescriptive analytical research type. The research approach used is a statutory approach, a conceptual approach and a case approach. The procedure for collecting legal materials uses primary legal materials and secondary legal materials through books, articles, journals and the writings of legal experts, as well as legal materials analysis techniques in this study using qualitative analysis techniques.Results of the Research: The result obtained is the regulation of human rights violations by militias in the civil war in Nigeria, specifically regulated in Article 3 of the 1949 Geneva Conventions concerning the obligations of parties to non-international armed conflicts that take place in the territory of one of the High Contracting Parties. And Additional Protocol II of 1977 as a complement to the 1949 Geneva Conventions which regulates armed conflicts that are not international in nature. Based on the provisions of the convention and the Additional Protocol, in its implementation in armed conflict by militias in Nigeria, various human rights violations by militias were found. So it is necessary to have an active role from international organizations in enforcement and protection efforts, as a form of role in creating peace for the parties.

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