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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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Urgensi Diratifikasinya Konvensi 1951 Tentang Pengungsi Perspektif Hukum Keimigrasian Tirza Siahaya; Josina Augustina Yvonne Wattimena; Johanis Steny Franco Peilouw
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 does not have any interest in relation to refugees because it has not become a party to the 1951 Convention and the 1967 Protocol. Therefore, the Indonesian government also does not have the authority to grant refugee status. so that the arrangement of problems regarding refugees is determined by the United Nations High Commissioner for Refugees (UNHCR), the UN agency which deals with refugee matters in accordance with the mandate it received under the UNHCR Statute of 1950.Purposes of the Research: The purpose of this study is the Urgency of Indonesia to ratify the Convention so that Indonesia has no difficulty dealing with refugees and there are clear and optimal rules regarding refugee issues. Methods of the Research: The research method used is juridical normative, the type of research is descriptive analytical, the source of the legal materials used are primary legal materials, secondary legal materials, and tertiary materials. The technique of collecting legal materials through literature study and then analyzed using qualitative methods.Results of the Research: Based on the results of the study, it was concluded that the urgency of Indonesia to ratify the Convention so that Indonesia would not have difficulty dealing with refugees and that there were clear and optimal rules regarding refugee issues because so far the issue of refugees was not regulated in the Immigration Act but only regulates immigrants. However, it indirectly regulates refugees. Therefore, the rules applied to refugees in Indonesia to date are Law Number 6 of 2011 concerning Immigration, but do not contain specific handling and provisions (lex specialis). So that refugees who enter Indonesian territory are treated with the same mechanism as legal immigrants who are accommodated in the Migration Detention Center (RUDENIM) whose facilities are classified as inadequate, of course this can cause psychological pressure for refugees, especially since Indonesia has ratified the UDHR. The next thing is that they are deported and even repatriated, of course this violates the principles contained in the 1951 Convention, where the legal protection for refugees by the Indonesian government uses the principles contained in the 1951 Convention. So indirectly Indonesia has followed the provisions of the 1951 Convention. Therefore, it is not allowed if there are refugees who are returned to their countries of origin.
Keabsahan Kebijakan Pemerintah Kabupaten Seram Bagian Barat Mengenai Pemilihan Kepala Desa Adat Secara Serentak Chelsy Sahertian; Jemmy Jefry Pietersz; Yohanes Pattinasarany
TATOHI: Jurnal Ilmu Hukum Vol 1, No 10 (2021): Volume 1 Nomor 10, Desember 2021
Publisher : Faculty of Law Pattimura University

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Introduction: The West Seram Regency Government Makes a Policy Regarding the Simultaneous Election of Village Heads which also involves Traditional Villages whose governance arrangements should be based on intestinal origin rights and local customary law.Purposes of the Research: The purpose of this paper is to analyze the authority of the West Seram Regency Government in making the policy of selecting the traditional village head simultaneously and to analyze the validity of the policy of the West Seram Regency Government to make the simultaneous election of the traditional village head. Methods of the Research: The research method used is normative juridical, the problem approach used in the research is the statutory and conceptual approach. The sources of legal materials used are primary, secondary, and tertiary legal materials. The technique of collecting legal materials carried out in this study was library research, then analyzed using qualitative methods.Results of the Research: Based on the research, the policy carried out by the regional government of the western part of Seram Regency to conduct the election of the traditional village head simultaneously has no validity because the provisions of the legislation do not give the local government the authority to conduct the election of the traditional village head simultaneously. However, when the West Seram Regency Regional Regulation No. 11 of 2019 concerning Villages was stipulated, which in Article 3 caused problems in the customary law community in the West Seram district, because the villages as mentioned in Article 3 by the customary law community were customary villages or Therefore, the actions of the regional government of the West Seram Regency make and stipulate the provisions of Article 3 of Regional Regulation No. 11 of 2014 concerning Villages, which stipulates that 92 customary lands or villages become villages is an act of erasing and not recognizing and respecting the country as a traditional village in the West Seram district, which has received recognition in the provisions of Article 18B paragraph (2) of the 1945 Constitution which regulates that the State recognizes and respects customary law community units and their traditional rights as long as they are still alive and in accordance with the development of society and the principles of the Unitary State of the Republic of Indonesia, which are regulated by law.
Penyidikan Terhadap Pelaku Pencurian Benda Sitaan Pada Rumah Penyimpanan Benda Sitaan Tino Y S Hattu; Elsa Rina Maya Toule; Hadibah Zachra Wadjo
TATOHI: Jurnal Ilmu Hukum Vol 1, No 10 (2021): Volume 1 Nomor 10, Desember 2021
Publisher : Faculty of Law Pattimura University

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Introduction: The crime of theft that has occurred in state-owned warehouses is an important component in the criminal justice system, this is in accordance with the provisions of Article 44 of the Law of the Republic of Indonesia Number 8 of 1981 concerning the Criminal Procedure Code. . The theft that occurred at the Class I Rupbasan Ambon on April 22, 2020 is a form of criminal act. The criminal act of theft involved 3 (three) people as perpetrators, namely FD, NS, CN.Purposes of the Research: This writing aims to find out and discuss the process of investigating the theft of confiscated objects in Rupbasan. Methods 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 conceptual approach and a case approach. The procedure for collecting legal materials uses library research, as well as processing and analyzing legal materials in this study using editing, systematization and description processing as well as qualitative analysis.Results of the Research: The results of this study explain that the process of investigating the crime of theft is the same as the process usually carried out by investigators for every criminal act. For the crime of theft at the Rupbasan, the investigation is carried out based on the provisions of Article 10 paragraph (1) of the National Police Chief Number 6 of 2019 concerning Criminal Investigation which is the basis for investigation activities, including (a) investigations; (b) commencement of the investigation; (c) coercive measures; (d) inspection; (e) determination of the suspect; (f) submission; (g) submission of case files; (h) surrender of the suspect and evidence. Functional coordination between investigators and Rupbasan against criminals, namely FD, NS and CN can be divided into 4 (four) sections, each of which includes: (a) Functional coordination in information on criminal acts of theft in Rupbasan; (b) Functional coordination in monitoring d; (c) Functional coordination in the case of criminal acts of theft at the Rupbasan; and (d) Functional coordination in securing evidence of theft from perpetrators.
Sindikat Peredaran Narkotika Di Lembaga Permasyarakatan Mespy M Selanno; Iqbal Taufik
TATOHI: Jurnal Ilmu Hukum Vol 1, No 10 (2021): Volume 1 Nomor 10, Desember 2021
Publisher : Faculty of Law Pattimura University

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Introduction: Narcotics are becoming more and more rampant, after the police managed to capture the prisoners in Class II A Ambon Prisons.Purposes of the Research: The purpose of this study was to determine the causes of drug trafficking in the Class II A Ambon prison. Methods of the Research: The research method used is normative juridical where legal norms are used as the basis for knowing the illicit trafficking of narcotics in public institutions.Results of the Research: The results showed that the role of prisons in efforts to enforce criminal law and with sentencing is to return the prisoners to the community so that they can mingle and play a role again as free and responsible members of society. Correctional institutions as a place of guidance for inmates to improve themselves, do not repeat criminal acts so that they can be accepted back by the community, have turned into the biggest drug trafficking hotbeds and at the same time new drug dealers. In fact, most of the drug trafficking in Indonesia is controlled from prisons. The cause of illicit drug trafficking among the Class II A Ambon Correctional Institutions is also caused by the lack of supervision and control by the Ambon Class II A Prison officers themselves. The still use of telecommunication tools among the public will find communication findings with people outside prisons (narcotics couriers), so that it will directly facilitate the action of illicit narcotics trafficking. There is also the involvement of unscrupulous correctional officers as a syndicate of illicit narcotics trafficking and this is also a trigger for the increase in the illicit circulation of narcotics among the community.
Pelaksanaan Jaminan Fidusia Di Masa Pandemi Covid-19 Revandio Hendruno Moenandar; Rory Jeff Akyuwen; Sarah Selfina Kuahaty
TATOHI: Jurnal Ilmu Hukum Vol 1, No 10 (2021): Volume 1 Nomor 10, Desember 2021
Publisher : Faculty of Law Pattimura University

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Introduction: The case of Credit Agreement and Debt Recognition with a fiduciary guarantee that occurred between Roberth Gomies as a debtor and PT. Sinar Mas Multifinance (PT. SMMF) as a creditor with a guarantee of 1 (one) unit of Public Transport Vehicle. In this case, the payment made by Robert Gomies experienced a payment delay due to the corona virus outbreak 19. So the vehicle used as credit collateral in the fiduciary agreement was forcibly/unilaterally withdrawn without the knowledge and permission of the debtor.Purposes of the Research: Knowing and Reviewing Forms of Protection for Fiduciary Guarantees in the Covid 19 Pandemic Period and Execution Mechanisms for Fiduciary Guarantees in the Covid 19 Pandemic Period. Methods of the Research: The method used is normative legal research. The research approach is a statutory approach and a conceptual approach. Sources of legal materials used are primary legal materials, secondary legal materials, and tertiary legal materials. The technique of collecting legal materials is through literature study and then analyzed through a perspective using qualitative methods.Results of the Research: The results of the study show that the procedure for withdrawing the object of fiduciary security must refer to the Regulation of the National Police Chief Number 8 of 2011 which is carried out by the creditor or his proxies must submit a request for securing the execution of the withdrawal of the fiduciary object which is made in writing addressed to the local police chief by attaching the following conditions: the following conditions, a. a copy of the fiduciary guarantee deed, b. a copy of the fiduciary guarantee certificate, c. A warning letter to the debtor to fulfill his obligations. d. The identity of the executor of the execution, e. Executioner's assignment letter. In addition, the Constitutional Court Decision Number 18/PUU-XVII/2019 has also provided legal certainty for fiduciary guarantee.
Kedudukan Anak Sumbang Dalam Penerimaan Hak Nafkah Hidup Ditinjau Dalam Perspektif Hukum Islam Mardatilla Harza Tomaluhu; La Ode Angga; Sabri Fataruba
TATOHI: Jurnal Ilmu Hukum Vol 1, No 10 (2021): Volume 1 Nomor 10, Desember 2021
Publisher : Faculty of Law Pattimura University

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Introduction: Discordant children or children resulting from blood staining are children born from the relationship of a man and a woman where both of them are prohibited from marrying because they are bound by blood relations, marital relations or breastfeeding relationships.Purposes of the Research: This study aims to explain and inform about the status and position of the discordant child as well as the protection of the living rights of the donor child according to Islamic law. Methods of the Research: This study uses normative legal research methods, and the collection of legal materials is carried out by literature study, then analyzed by qualitative means.Results of the Research: Discordant children or children resulting from blood staining are children born from the relationship of a man and a woman where both of them are prohibited from marrying because they are bound by blood relations, marital relations or breastfeeding relationships. Article 186 of the Compilation of Islamic Law does not provide protection for the rights of discordant children which are given to children resulting from adultery.
Kewenangan Penetapan dan Pelantikan Raja Negeri Tulehu oleh Kepala Pemerintah Kabupaten Maluku Tengah Nurjanah Ohorella; Victor Juzuf Sedubun; Reny Heronia Nendissa
TATOHI: Jurnal Ilmu Hukum Vol 2, No 3 (2022): Volume 2 Nomor 3, Mei 2022
Publisher : Faculty of Law Pattimura University

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Introductioan: The regent's authority in the rural scope is the authority to regulate the administration of regional areas that fall within the scope of his government administration, namely the village or sub-district.Purposes of the Research: The purpose of this paper is to find out the Authority of the Appointment and Inauguration of the King of Tulehu by the Head of the Central Maluku Regency Government.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 Regent is not authorized to stipulate and inaugurate the Head of the Tulehu State Government who is directly and publicly elected and is not in accordance with the customary law applicable in the Tulehu State because the Central Maluku Regent's authority as stated in PERDA Kabupaten Maluku Tengah No 3/2006 is stated to only inaugurate and In the process, it is given to the customary law procession of each customary land to carry out the nomination process as part of the State's recognition of the existence of the customary law of the community which is still valid today. The legal consequences of the presence of the Central Maluku Regent's Decree are: SK for Replacement of State Sanir Number: 147 - 512 of 2019. and SK of Ratification of New State Sanir Number: 141.05 - 522 of 2019.
Perlindungan Hukum Bagi Pegawai Honorer Setelah Berlakunya Undang-Undang Nomor 5 Tahun 2014 Etwar Hukunala; Julista Mustamu; Revency Vania Rugebregt
TATOHI: Jurnal Ilmu Hukum Vol 2, No 3 (2022): Volume 2 Nomor 3, Mei 2022
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Introduction: this study discusses and analyzes the position and legal protection of temporary employees after the enactment of Law no. 5 Year 2014Purposes of the Research: To analyze and discuss legal arrangements regarding the position of honorary employees. And to analyze and discuss forms of legal protection for temporary employees.Methods of the Research: This research is a normative legal research. In this study, two approaches to the problem are used, namely the statutory approach and the conceptual approach. Sources of data obtained are primary legal materials, secondary legal materials and tertiary legal materials. The technique of collecting legal materials is by collecting and grouping them according to their respective sections, both primary, secondary and tertiary laws. All data in this study were analyzed qualitatively.Results of the Research: The results of this study indicate that honorary employees are not included in the type of State Civil Apparatus (ASN). This is based on the provisions of Law Number 5 of 2014 concerning State Civil Apparatus. What is only mentioned in the ASN Law regarding types of employees are Civil Servants (PNS) and Government Employees with Work Agreements (PPPK). With the enactment of Law Number 5 of 2014 greatly affects the position and legal protection of temporary employees. According to the Government Regulation, the term of service for honorary employees is up to 5 (five) years (from 2018 – 2023) and is given protection as applicable to PPPK in the form of health insurance, work accident insurance, and death insurance. Provisions regarding the provision of protection in the form of such guarantees for temporary employees still have to issue a Ministerial Regulation after receiving technical considerations from the minister who carries out government affairs in the financial sector.
Implementasi Kewenangan Pemerintah Daerah Terhadap Jalan Rusak Agnes Sawelet; Salmon Eliazer Marthen Nirahua; Vica Jillyan Edsti Saija
TATOHI: Jurnal Ilmu Hukum Vol 2, No 3 (2022): Volume 2 Nomor 3, Mei 2022
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Introduction: This study discusses the authority of the local government on damaged roads in Taniwel District, West Seram Regency, Maluku Province.Purposes of the Research: Reviewing and Analyzing the Authority of the Western Seram Government on Damaged Roads in Taniwel District and Reviewing and Analyzing the Non-Performance of Maintenance of Damaged Roads by the Western Seram Government as an Abuse of Authority. Methods of the Research: The research used is a legal research method that uses empirical facts and descriptive type taken from human behavior, both verbal behavior obtained through interviews and real behavior carried out through direct observation Data and information collected from research results, both interviews with relevant agencies or from the village government which is then analyzed through a qualitative approach, namely an analytical descriptive method by using a way of grouping and selecting the data obtained from research to obtain conclusions.Results of the Research: Damaged roads in Buria Village, Taniwel District, West Seram Regency (SBB) are categorized as Regency roads and are the authority of the West Seram Regency (SBB) Regional Government, based on Law Number 23 of 2014 concerning the division of road affairs, including the area of provincial roads. , district, city and based on the results of research that the author did. The West Seram Regency Government (SBB) cannot carry out road maintenance in Buria Village, Taniwel District, West Seram Regency because there are various obstacles faced so that the road maintenance process cannot be carried out from 2018 to 2021, based on Articles 17 and 18, it is not The maintenance of roads by the West Seram Regency Government (SBB) on damaged roads cannot be categorized as an abuse of authority but is an oversight of the Regional Government because the Regional Government has allowed the road to be damaged until now.
Efforts to Enforce Criminal Laws in the Forestry Sector Against Cases of Destruction of Customary Forests Sofia Jaflean; Margie Gladies Sopacua; Iqbal Taufik
TATOHI: Jurnal Ilmu Hukum Vol 2, No 3 (2022): Volume 2 Nomor 3, Mei 2022
Publisher : Faculty of Law Pattimura University

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Introduction: Forests are natural resources that provide great benefits for human welfare, both tangible benefits that are felt directly, and intangible benefits that are felt indirectly.Purposes of the Research: Reviewing and discussing Analyzing and discussing efforts to enforce criminal law in the forestry sector in the case of destruction of customary forests in the State of Sabuai. Methods of the Research: Descriptive analytical research using a normative juridical approach is formulated in the results of literature research and the obtained legal materials will be analyzed and studied in a structured research system so that the results will draw conclusions and be equipped with suggestions.Results of the Research: Indigenous peoples are very dependent on the forest, because the forest is a gift from their ancestors that must be preserved which is called the customary forest. Customary forests are forests that are in the territory of customary law communities. The definition of customary forest refers to the status of the forest area. Indigenous peoples have authority over forest areas but within the framework of state ownership. Therefore, customary law communities have customary rights over the land they occupy and own is in a forest area. In 2018 CV Sumber Berkat Makmur was designated as the holder of a Location Permit for Nutmeg Plantation Business Needs on behalf of CV Sumber Berkat Makmur located in Sabuai Village, Siwalalat District, Eastern Seram Regency. Based on the Decree, a recommendation from the Governor of Maluku was issued Number: 528/64 of 2018 dated February 1, 2018 concerning the Granting of a Location Permit for Nutmeg Plantation Business Needs on behalf of CV Sumber Berkat Makmur which is located in Sabuai Village, Siwalalat District, Eastern Seram Regency which on the basis of The Decree was issued by the Governor of Maluku Recommendation Number: 552-43 of 2018 concerning Land Suitability with the Macro Plan for Plantation Development of the Maluku Province to CV Sumber Berkat Makmur. Efforts to enforce criminal acts in the field of legal forestry against cases of destruction of customary forests in Sabuai Village, including efforts to instill customary law values in the community, optimize and prioritize criminal law enforcement against destruction of customary forests in Sabuai village, increase public awareness not to participate in regarding the destruction of customary forests in Subai Village, holding socialization related to legal rules relating to customary forests, as well as their legal consequences or consequences, and the need to establish a supervisory body for customary forests in Sabuai Village.

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