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TATOHI: Jurnal Ilmu Hukum
Published by Universitas Pattimura
ISSN : -     EISSN : 2775619X     DOI : https://doi.org/10.47268/tatohi
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 506 Documents
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Penerapan Ajaran Turut Serta dalam Pertanggungjawaban Pelaku Tindak Pidana Narkotika Matheos Bastian Wattimena; Elsa Rina Maya Toule; Julianus Edwin Latupeirissa
TATOHI: Jurnal Ilmu Hukum Vol. 2 No. 3 (2022): Volume 2 Nomor 3, Mei 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i3.919

Abstract

Introduction: Narcotics abuse is the use of narcotics not for medicinal purposes, which causes changes in physical and psychological functions and causes dependence without a prescription and without the supervision of a doctor. Meanwhile, narcotics illicit trafficking is any activity or series of activities carried out without rights or against the law which is determined as a narcotics crime.Purposes of the Research: This writing aims to apply the teachings of participating in decisions in the Masohi District Court Decision. Methods of the Research: The type of legal research carried out is normative juridical, with sources of legal material in the form of primary and secondary legal materials. The problem approach is a statutory approach, a conceptual approach and a case approach. The procedure for collecting legal materials is done by first collecting primary legal materials and then linking them to secondary legal materials. The processing and analysis of legal materials is described qualitatively.Results of the Research: Narcotics abuse is the use of Narcotics for no purpose, which causes changes in function and psychological treatment and causes physical dependence without a prescription and without a doctor's supervision. Meanwhile, illicit drug trafficking is any activity or desire carried out without rights or against the law which is determined as a narcotics crime. One example of a case based on the decision of the Masohi District Court Number 12/Pid.Sus/2020/PN Msh and Number 12/Pid.Sus/2020/PN Msh carried out by the two defendants named Trikarna Lewenussa Alias Cetril and Rosihan Anwar Sahulau Alias Andri.
Kajian Hukum Pidana Dalam Penipuan Jual Beli Akun Permainan Online Melalui Media Sosial Herrenauw, Jefferson Meiggers; Titahelu, Juanrico Alfaromona Sumarezs; Saimima, Judy Marria
TATOHI: Jurnal Ilmu Hukum Vol. 2 No. 3 (2022): Volume 2 Nomor 3, Mei 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i3.918

Abstract

Introduction: Fraud in the sale and purchase of online game game accounts, it is a legal obligation to straighten it out for the sake of creating an orderly civilized society and to try to prevent anti-social behavior, namely behavior that is contrary to the principles of social order and law. So that the problem of misuse of this technology does not become social unrest and is detrimental to the community.Purposes of the Research: The purpose of this study is to examine and explain fraud in the sale and purchase of online game accounts that can be qualified as perpetrators of criminal acts, to examine and explain the perpetrators of fraud in the sale and purchase of online game accounts being held criminally responsible. Methods of the Research: The method used is a normative juridical research method with a qualitative analysis type with an interactive analysis and conceptually tends to be directed at finding, identifying, managing, and analyzing legal materials to understand the meaning, significance, and relevance.Results of the Research: The results show that fraud in buying and selling online game accounts can be categorized as a criminal act of fraud because of the fact that fraud in buying and selling online game accounts has fulfilled the elements of fraud in Article 378 of the Criminal Code as well as in Article 28 paragraph (1) of the ITE Law. Fraud perpetrators can be held criminally responsible based on the condition that digitally impose criminal liability for fraud, namely the fulfillment of all elements of crime according to criminal law and/or according to the ITE Law. The police as law enforcement officers must really understand the ITE Law so that they can qualify online game account trading fraud as a criminal act of fraud so that the perpetrators can be processed to account for their actions. Gamers who are victims of online game account trading scams report this to the authorities so that they can be processed according to applicable law.
Perlindungan Hukum Terkait Kepemilikan Tanah Oleh Pihak Ketiga Berdasarkan Putusan Peninjuan Kembali Maxie Sinay; Merry Tjoanda; Ronald Saija
TATOHI: Jurnal Ilmu Hukum Vol. 2 No. 3 (2022): Volume 2 Nomor 3, Mei 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i3.917

Abstract

Introduction: Legal protection related to land ownership by third parties based on the request civil Number 339 PK / Pdt / 2013.Purposes of the Research: Reviewing and discussing forms of legal protection for land ownership by third parties. 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 of the study show that based on the Judicial Review Decision No. 339/PDT/2013. Lenny as the plaintiff is the legal owner based on the transfer of Ownership rights to the land according to Article 20 of Law No. 5 of 1960 concerning Basic Agrarian Regulations Jo. Article 37 PP No. 24 of 1997 concerning Land Registration and the land sale and purchase agreement made by Lenny was in accordance with the terms of the agreement as referred to in Article 1320 of the Civil Code. Lenny also has an Object of dispute in good faith. The object of the dispute must be executed immediately and against a civil lawsuit by the opposing party, namely Tan Pallar as long as the lawsuit is about the same object of the lawsuit and the subject of the same lawsuit in the same relationship, then the lawsuit must be rejected because there has been a previous decision, namely the Judicial Review Decision No. 339 PK/PDT/2013 which already has permanent legal force.
Jual Beli Hak Atas Tanah Dengan Pemberian Kuasa Menurut Hukum Perdata Atika Sari; Jenny Kristiana Matuankotta; Novyta Uktolseja
TATOHI: Jurnal Ilmu Hukum Vol. 2 No. 3 (2022): Volume 2 Nomor 3, Mei 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i3.916

Abstract

Introduction: The form of granting power is carried out in various ways, orally granting power of attorney is considered valid according to the Civil Code even though the strength of the law is weak. The practice in society is often between the authorizer and the beneficiary of one of his parties acting outside the authority or rights and obligations that have been given so as to make one of them feel aggrieved.Purposes of the Research: Analyzing and reviewing the position of the buyer who provides legal power and protection for the actual buyer. Methods of the Research: This research is included in normative legal research, namely research examining various positive legal provisions, various legal principles, legal principles and doctrines to answer legal issues faced by.Results of the Research: The results of the study show that the orally granting of power of attorney is valid, the strength of the law is weak but does not rule out the possibility that it can be proven in accordance with the provisions of the Civil Procedure Law, proof of land purchase transactions is an important evidence that shows the subject of the transaction, both sellers, buyers and third parties, so that in the proof of payment must be clearly stated,  to avoid the possibility of harming interested parties because of this proof of payment can be clearly proven its position.
Status Hukum Wilayah Palestina Dalam Peta Digital Internasional Berdasarkan Hukum Internasional Kesya Meidy Lourens; Arman Anwar; Richard Marsilio Waas
TATOHI: Jurnal Ilmu Hukum Vol. 2 No. 3 (2022): Volume 2 Nomor 3, Mei 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i3.915

Abstract

Introduction: This study discusses the issue of Palestine's non-participation in making international-based digital maps, Google in this case Google maps, as one of the Multinational or Transnational companies, which is part of the subject of International Law.Purposes of the Research: Knowing and analyzing the legal status of the Palestinian territories on international digital maps in international law. Methods of the Research: This study uses a normative juridical method with the legal materials used in the research are primary, secondary and tertiary with the use of literature study techniques in the form of international legal regulations, scientific works and literature.Results of the Research: The results of the study show that in international law, digital-based maps have not been properly regulated, so that in the process of making digital maps by digital companies under the auspices of multinational companies, there are many problems because there are no written provisions. To overcome this, it is necessary to make arrangements internationally in order to create legal certainty and prevent the emergence of public opinion which interprets unilaterally so that it can threaten the existence of a country's sovereignty.
Intervensi Kemanusiaan Dewan Keamanan Perserikatan Bangsa-Bangsa Terhadap Tindakan Pelanggaran Hak Asasi Manusia Di Myanmar Halfiandara Alfazr Afifudin; Josina Augustina Yvonne Wattimena; Irma Halimah Hanafi
TATOHI: Jurnal Ilmu Hukum Vol. 2 No. 3 (2022): Volume 2 Nomor 3, Mei 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i3.914

Abstract

Introduction: Human rights violations committed by the Burmese Buddhist junta government, supported by the Myanmar government and even the military junta formed an anti-Islam movement among the Rakhine Buddhist community and the population of Myanmar.Purposes of the Research: This study aims to find out and understand about the United Nations Security Council's Humanitarian Intervention Against Human Rights Violations in Myanmar that can be justified according to international law. The Legal Impact of the UN Security Council's Humanitarian Intervention on the Actions of Criminals in Myanmar. Methods of the Research: The research method in this study is a normative legal research, using a law approach and a conceptual approach. Sources of research data include primary, secondary, tertiary legal sources. Data collection techniques in the form of literature study. Processing and analysis of legal materials used in writing is using qualitative analysis method.Results of the Research: The result obtained is that the UN Security Council's humanitarian intervention against acts of human rights violations in Myanmar can be justified in accordance with international law, because the UN Security Council's intervention is expected to resolve the problems in Myanmar, namely the conflict between the Rohingya (Muslim) and Rakhine (Buddhist) ethnicities which caused Rohingya ethnic groups have received unfair treatment from the Myanmar administration and military junta who have committed acts of human rights violations against the Rohingya, such as refusing to grant citizenship status, expulsion, torture, killing, and illegal detention.
Tinjauan Yuridis Terhadap Jabatan Menteri Yang Dijabat Oleh Ketua Partai Politik Grelyano Beryl Mahupale; Salmon Eliazer Marthen Nirahua; Sherlock Halmes Lekipiouw
TATOHI: Jurnal Ilmu Hukum Vol. 2 No. 2 (2022): Volume 2 Nomor 2, April 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i2.911

Abstract

Introduction: The President is assisted by ministers of state who are appointed and dismissed by the President. The Minister is prohibited from holding concurrent positions as the head of an organization that is financed from the State Budget and/or Regional Revenue and Expenditure Budget, while political parties also receive assistance from the APBN. The legal issue is whether the head of a political party can be appointed as a minister, and what are the legal consequences if the head of a political party is appointed as a minister.Purposes of the Research: This study aims to examine and find out whether the position can be held by the chairman of a political party, and to examine and find out the legal consequences of a ministerial position held by the chairman of a political party. Methods of the Research: The type of research used is normative juridical, which is a research that primarily examines legal principles and legal rules using a conceptual approach and legislation, in order to answer the legal issues faced.Results of the Research: The results of the study show that 1) Law No. 2 of 2011 concerning Amendments to Law No. 2 of 2008 concerning Political Parties states that one of the financial sources of political parties is in the form of financial assistance from the APBN/APBD, meanwhile Article 23 letter c of Law The Law of the Republic of Indonesia Number 39 of 2008 concerning State Ministries also stipulates that the Minister is prohibited from holding concurrent positions as: the head of an organization financed from the State Budget and/or Regional Revenue and Expenditure Budget. thus, the Chairperson of a Political Party cannot become a minister. 2) The legal consequence is that the chairman of the Golkar political party as one of the ministers in the current cabinet of President Joko Widodo must be dismissed from his position as minister.
Delik Adat dalam Sistem Hukum Pidana di Indonesia Patricia Pasapan; Juanrico Alfaromona Sumarezs Titahelu; Denny Latumaerissa
TATOHI: Jurnal Ilmu Hukum Vol. 2 No. 2 (2022): Volume 2 Nomor 2, April 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i2.910

Abstract

Introduction: The position of Customary offenses (customary crimes) in the Indonesian criminal law system has not yet been explicitly regulated. However, it cannot be denied that customary offenses still exist in Indonesian society, in line with the existence of customary law which includes customary criminal law found in each region across the country.Purposes of the Research: The purpose of this paper/research is to determine the position of customary offenses in the Indonesia criminal law system and to discover the process of handling criminal acts using customary criminal law. Methods of the Research: This research uses normative research methodology or literature study, which is later presented using descriptive research technique that is analysing and explaining the findings of the study.Results of the Research: This research found that, firstly, the criminal law system in Indonesia does not clearly regulate criminal offenses, however, in various regulations, it appears that recognition is given to the customary law which cannot be separated from customary criminal law that regulates the customary offense itself. Secondly, acts which are considered customary offenses will be resolved in a peaceful way by both conflicting parties with the involvement of their traditional leaders. The imposition of customary sanctions is given by agreement of both parties based on conscience and other considerations.
Pertanggungjawaban Pidana Pelaku Pembobolan Kartu Kredit Dalam Tindak Pidana Di Bidang Perbankan Djokdja, Galang Ramadhan; Adam, Sherly; Sopacua, Margie Gladies
TATOHI: Jurnal Ilmu Hukum Vol. 2 No. 2 (2022): Volume 2 Nomor 2, April 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i2.909

Abstract

Introduction: There are many cases of fraud with credit cards at banks known as carding, but there is no new legal rule to ensnare the perpetrators so that the judges still use the old rules, namely the Criminal Code. Law enforcement in the banking sector includes regulatory issues in the field of information technology and other aspects are the ability of law enforcement officers, public legal awareness, and infrastructure that supports law enforcement, especially in reviewing criminal liability for perpetrators.Purposes of the Research: Criminal liability for credit card burglary perpetrators in criminal acts in the banking sector. Methods of the Research: The research method used is normative juridical with a problem approach in the form of a statutory approach, a conceptual analysis approach and a case approach. The legal materials used are primary and secondary legal materials. Data collection techniques are carried out through library research and processing techniques and analysis of legal materials through descriptions using qualitative methods.Results of the Research: The results of the study indicate that the criminal law regulation of the crime of carding has been regulated in Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions and has been formulated in articles 362, 363 and 378 of the Criminal Code. namely about Theft and Fraud. Carding criminal liability can be carried out based on the ability of the perpetrator to be responsible; there is an error in the form of a deliberate act of the perpetrator as proven in accordance with the articles in paragraph; there is no excuse for his actions; and may be subject to sanctions for carding criminals.
Pertimbangan Aspek Sosio-Yuridis Terhadap Penggunaan Pasal 54 Undang-Undang Nomor 35 Tahun 2009 Tentang Narkotika Brensby Williams Manuhutu; John Dirk Pasalbessy; Julianus Edwin Latupeirissa
TATOHI: Jurnal Ilmu Hukum Vol. 2 No. 2 (2022): Volume 2 Nomor 2, April 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i2.908

Abstract

Introduction: The law has a broad perspective in looking at a crime. Crime is not just something that violates legal norms, but also every form of violation of various types of norms, both religious norms, morals, customs to legal norms. Developments that are increasingly advanced, of course crime is also more developed in people's lives, so we often encounter delinquency in the form of narcotics abuse.Purposes of the Research: This writing aims to examine and analyze the socio-juridical reasons for someone suspected of using narcotics to be rehabilitated according to Article 54 of Law Number 35 of 2009 concerning Narcotics, to examine and analyze the effect of the rehabilitation process on subsequent legal proceedings. Methods of the Research: Normative research method with the type of research is qualitative analysis. The problem approach used is the statute approach, the conceptual approach and the case approach. The sources of legal materials used are Primary legal materials, Secondary legal materials, and Tertiary legal materials and are used as a technique for collecting legal materials, then processing and analyzing legal materials through methods of interpretation, harmonization, systematic and legal discovery.Results of the Research: The results showed that rehabilitation is also an effort to restore and make narcotic addicts live physically and spiritually healthy so that they can adjust and improve their skills, knowledge, and intelligence in the environment. The integrated assessment mechanism that was born from concerns about the handling of narcotics abusers is expected to be the main gate for development in the field of law against narcotics abusers in the future.

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