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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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Penegakan Hukum Terhadap Pasien Covid-19 Yang Melakukan Perlawanan Protokol Kesehatan Boy Maulany; Elsa Rina Maya Toule; Carolina Tuhumury
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.v2i2.907

Abstract

Introduction: Law Enforcement Against Covid-19 Patients who oppose health protocols is urgently needed considering the flight of Covid-19 patients with status (PDP) is very dangerous, because Corona virus disease 2019 (covid-19) is a contagious disease so that fast preventive action is needed from the government. Indonesia. In responding to this, the Indonesian government uses Law Number 6 of 2018 concerning Health Quarantine, to take preventive and handling measures against the entry or exit of disease. However, resistance to health protocols is still being carried out by the Indonesian people, especially Covid-19 patients.Purposes of the Research: Aims to analyze and discuss Covid-19 patients who oppose health protocols, can be held criminally accountable and law enforcement against Covid-19 patients who oppose health protocols. The method used in this paper is a normative legal research method. The legal materials used are primary, secondary and tertiary legal materials. Methods of the Research: In this legal research, the author uses normative research. Normative research is library research, where in normative research library materials are data sources which are classified as secondary data in research. Secondary data has a broad scope, ranging from personal letters, book, to afficial documents issued by the government.Results of the Research: The results showed that Covid-19 patients who violated the health protocols set by the government could be subject to sanctions as a form of criminal liability. Thus, for Covid-19 patients who violate the provisions of the applicable laws and regulations, the authorities can take firm action by imposing sanctions in accordance with the provisions of the applicable regulations.
Tanggung Jawab Pengangkut Terkait Ketersediaan Fasilitas Penumpang Di Atas Kapal Novela Pattipawaej; Merry Tjoanda; Agustina Balik
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.v2i2.906

Abstract

Introduction: Ship passengers as sea carriers, are entitled to legal protection from the transportation company.Purposes of the Research: This writing aims to examine and discuss the responsibilities of the carrier related to the availability of passenger facilities on board the ship and to examine and discuss the role of the Syahbanddar in carrying out the supervisory function at the port. Methods of the Research: The method used is a normative juridical research method using a case approach, a statutory approach and a conceptual approach.Results of the Research: The results obtained from the research, currently the responsibility of the carrier has not been maximized in providing passenger facilities on the ship because the tickets provided exceed the number of seats on the ship so that some passengers do not get comfortable and safe facilities such as seats which are their rights in accordance with the provisions in Law Number 17 of 2008 concerning Shipping Article 40 paragraph (1). Therefore, the carrier must provide a ticket only based on the number of seats on the ship. This is also inseparable from the role of Syahbanddar as a supervisory body because it is deemed not optimal in carrying out its authority so that there are still stowaway passengers and brokers who trigger more cargo than the tickets provided by the carrier. For this reason, Syahbanddar must be proactive in terms of monitoring the sale of passenger tickets so that there is no overload on the ship.
Perlindungan Hukum Terhadap Tenaga Kerja Indonesia Yang Mengalami Human Trafficking Iskandar Gafur Tuasikal; Josina Augustina Yvonne Wattimena; Veriana Josepha Rehatta
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.v2i2.905

Abstract

Introduction: Human Trafficking is a form of transnational crime. In 2018 the Police Headquarters of the Republic of Indonesia revealed that there were at least 1,200 (one thousand two hundred) people who were victims of trafficking in persons from Indonesia who were ready to be sent to the Middle East.Purposes of the Research: This writing aims to find out and examine forms of protection for Indonesian workers who experience human trafficking. 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 with secondary legal materials. The processing and analysis of legal materials is described qualitatively.Results of the Research: The principle of earlier forms of protection talks about legal liability, with reference to the general principle in which protection for Indonesian workers is prioritized on two things, namely protection and prevention. As for protection and prevention, it is more to the preventive aspect, while the repressive concept is more to strict rules.
Pengaturan Private Military Contractors Dalam Perang Un-Conventional Dan Implikasinya Terhadap Tanggung Jawab Negara Johannes, Helmi Ishak; Anwar, Arman; Peilouw, Johanis Steny Franco
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.v2i2.904

Abstract

Introduction: Private Military Contractors, abbreviated as PMCs, are companies or corporations that provide services and expertise related to the military or similar fields.Purposes of the Research: This writing aims to understand and know the arrangement of private military contractors in unconventional wars. 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: Conventional warfare is used to reduce the opponent's military capabilities directly through attacks and maneuvers, non-conventional warfare is an attempt to achieve victory indirectly through proxy forces. UW contrasts with conventional warfare where power is often disguised or poorly defined and relies heavily on subversion and guerrilla warfare. State responsibility is a fundamental principle in international law which originates from the doctrines of international jurists. State responsibility arises when there is a violation of international obligations to do something, both obligations based on international agreements and based on international customs.
Pengaturan Tentang Pekerja Migran dan Tanggung Jawab Negara Fadilah Lay Fatimah Ely; Popi Tuhulele; Dyah Ridhul Airin Daties
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.v2i2.903

Abstract

Introduction: The International Labor Organization (ILO) defines a migrant worker as a person who migrates, or has migrated, from one country to another, with the intention of being employed by someone other than himself, including anyone who is regularly accepted, as a migrant, for a job.Purposes of the Research: To find out how international law regulates the protection of migrant workers and how Indonesia is responsible for Indonesian citizens who are migrant workers. Methods of the Research: This research is a normative legal research with analytical descriptive nature. This research was also carried out or only aimed at written regulations or other legal materials.Results of the Research: The results of this study indicate that the regulation on the protection of migrant workers has been regulated in international instruments, including the Maritime Labor Convention 2006. Furthermore, it is regulated in the ILO Convention 188 concerning the Work in Fishing Convention, then namely the International Convention On The Protection Of The Rights Of All Migrant Workers And Members Of Their Families.
Penegakan Hukum Administrasi Terhadap Izin Usaha Perkebunan Budidaya Di Kabupaten Seram Bagian Timur Kohilay, Puan Yulistiana; Nirahua, Salmon Eliazer Marthen; Bakarbessy, Andress Deny
TATOHI: Jurnal Ilmu Hukum Vol. 2 No. 1 (2022): Volume 2 Nomor 1, Maret 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i1.900

Abstract

Introduction: The government of East Seram district issued a nutmeg cultivation business permit to CV Sumber Berkat Makmur which was carried out in Sabuai village, Siwalalat district, East Seram district, by not activating the supervisory function and applying sanctions.Purposes of the Research: Analyzing and reviewing how the East Seram district government should enforce administrative law on permits that have been issued. 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 in order to answer the legal issues at hand.Results of the Research: The government of East Seram district issued a business license for nutmeg cultivation in Sabuai village, Siwalalat district, East Seram district, after the permit was issued the government did not exercise its authority based on the applicable laws and regulations. In addition, the SBT government as the permit issuer also implements sanctions in the form of revocation of business licenses but this is not in accordance with the procedures for applying sanctions in existing laws and regulations.
Pendekatan Restorative Justice Dalam Penyelesaian Perkara Tindak Pidana Narkotika Pada Tahapan Penyidikan Jesylia Hillary Lawalata; Juanrico Alfaromona Sumarezs Titahelu; Julianus Edwin Latupeirissa
TATOHI: Jurnal Ilmu Hukum Vol. 2 No. 1 (2022): Volume 2 Nomor 1, Maret 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i1.899

Abstract

Introduction: The handling of narcotics abuse is carried out by two methods, namely prevention without punishment through mandatory reporting of addicts and implementation of rehabilitation law enforcement with a restorative justice approach. Restorative Justice, is a model of a criminal case settlement approach where all parties with an interest in the case meet together to resolve fairly by emphasizing returning to its original state and not retaliation.Purposes of the Research: This study aims to analyze and discuss the mechanisms and procedures for resolving narcotics crime cases at the investigation stage with the Restorative Justice approach at the investigation stage and to analyze and discuss the investigator's considerations in resolving narcotics crime cases through restorative justice at the investigation stage. Methods of the Research: The research method used is a normative juridical research type. The problem approach used is the statutory approach, concept analysis approach, and case approach. The legal materials used are primary legal materials and secondary legal materials. Procedures and Collection of Legal Materials through literature study and Processing and Analysis of legal materials are then analyzed by means of description using qualitative methods.Results of the Research: The results of the study show that the mechanisms and procedures for resolving narcotics crime cases with a restorative justice approach at the investigation stage are as follows: making administrative investigations (initial interrogation, celebrating communication tools, case titles, making police reports, investigation warrants, minutes of witness examinations). , urine test), the suspect submits a letter of application to the Kapolda/Kapolres, the investigator makes the administration of the investigation (request for assessment, determination of the status of evidence, determination of approval for confiscation, Minutes of Examination of the Suspect), implementation of assessment, coordination with Balai POM, results of assessment and recommendation of Kapolda / Police Chief, case title (Warrant for Termination of Investigation). Investigators' considerations in resolving narcotics crime cases with a restorative justice approach at the investigation stage are: the suspect is a victim of drug abuse, the urine result is positive, the suspect is not involved in the network, has An assessment has been carried out and the suspect is willing to cooperate with investigators in eradicating narcotics trafficking.
Pertanggungjawaban Pidana Aparat Kepolisian Yang Melakukan Kekerasan Terhadap Demonstran Dames Lewansorna; Elsa Rina Maya Toule; Margie Gladies Sopacua
TATOHI: Jurnal Ilmu Hukum Vol. 2 No. 1 (2022): Volume 2 Nomor 1, Maret 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i1.898

Abstract

Introduction: The demonstration, which was held by the Indonesian Christian Student Movement (GMKI) Ambon Branch, demanded the Maluku Provincial Government and the Maluku Provincial People's Representative Council (DPRD) to legalize the traditional Sopi drink, but the action that was held ended in chaos due to actions taken by the authorities. the police against student actions by ignoring and paying attention to the rights of the demonstrators so that it deserves a serious response because the actions of the police have deviated from the provisions of legislation Number 2 of 2002 concerning the Republic of Indonesia Police Article 2, 13 and 14 paragraph 1 letter e, as well as the 1945 Constitution Article 30 paragraph 2. Therefore, it is appropriate to question the existence of the Indonesian National Police apparatus who violates the provisions of laws and regulations and must be held criminally responsible.Purposes of the Research: Explain about how the criminal responsibility of police officers who commit violence against demonstrators. Methods of the Research: The type of research used is normative juridical research. The approach to the problem used is a statutory approach that prioritizes legal materials and a case approach.Results of the Research: Criminal liability is a form of accountability due to mistakes made by legal subjects. In essence, criminal liability is a mechanism built by criminal law to react to an agreement to reject a certain act. Police as legal subjects in their existence are human beings, who are also given legal rights and obligations (fictie theory). According to the Geen Straf Zonder Schuld principle; Actus non facti reum nisi mens sis sist rea is basically a person who cannot be convicted if there are no mistakes, so observing the above based on the examples of cases that have been discussed in the previous chapter regarding cases of violence committed by Akp Syarifudin, the position of the Head of the Sabara Unit of the Island Police. Ambon and the Lease Islands have been transferred to other places of assignment for committing acts of violence against several members of the Ambon Branch GMKI and damaging the goods (kordon) of the Ambon branch of GMKI. The criminal can be punished on the basis of error. if seen from the case study of the position above his subordinates, what Syarifudin did as the Head of the Sabara Unit, was included in the category of acts of violence regulated in Article 170 of the Criminal Code.
Pelestarian Bahasa Daerah Tanimbar Sebagai Upaya Perlindungan Ekspresi Budaya Tradisional Sasya Luturmas; Teng Berlianty; Agustina Balik
TATOHI: Jurnal Ilmu Hukum Vol. 2 No. 1 (2022): Volume 2 Nomor 1, Maret 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i1.897

Abstract

Introduction: This study discusses the preservation of the Tanimbar regional language as an effort to protect traditional cultural expressions in the use of 5 (five) Tanimbar regional languages, namely East Yamdena, Fordata, Selaru, Selwasa, Makatian languagesPurposes of the Research: To find out and analyze how the preservation of the Tanimbar regional language as an effort to protect traditional cultural expressions.. Methods of the Research: This study uses an empirical juridical method by describing or providing an overview of the object under study through interviews and observations.Results of the Research: The results showed that the use of the Tanimbar regional language in 5 regional languages, namely Fordata, East Yamdena, Selwasa, Selwasa and Makatian the number of speakers was very limited or few. Based on the results of the language strength scale, the Tanimbar regional language is in danger of extinction. The inhibiting factor of the Tanimbar regional language is threatened because most parents (families) do not use the local language when communicating with children but prefer to use Ambonese Malay. By re-activating the Tanimbar regional language, the Village Community Empowerment Foundation collaborates with social and religious institutions in equipping local teams with programs for developing reading materials, local content materials, local curriculum content as well as translating spiritual songs, scriptures, sermons, and sing in the local language.
Kedudukan Badan Pertanahan Nasional Sebagai Mediator Dalam Penyelesaian Sengketa Pertanahan Rasmawati, Irma; Laturette, Adonia Ivone; Radjawane, Pieter
TATOHI: Jurnal Ilmu Hukum Vol. 2 No. 1 (2022): Volume 2 Nomor 1, Maret 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i1.896

Abstract

Introduction: This study discusses the position of the National Land Agency as a Mediator in Land Dispute Resolution.Purposes of the Research: To find out what factors are faced by the Ambon City National Defense Agency as a Mediator in Land Dispute Resolution, the position of the National Land Agency as a mediator for the parties in resolving land disputes and to find out the position of the National Land Agency as a Mediator to the Parties in Settlement.  Land Dispute. Methods of the Research: This study uses a normative juridical method using a statutory approach, a conceptual approach, and a case approach.Results of the Research: Based on the results of research that the Ambon City National Land Agency (BPN) Office can act as a mediator in land dispute resolution, but sometimes in the settlement there are obstacles which are factors or circumstances that limit, hinder, or prevent the achievement of targets faced between  another: That the court's decision attached to its ruling does not mention the cancellation of the Certificate of Ownership (SHM), and there are also disputes that are not within the authority of the Ambon City BPN to settle.  The position of BPN as a non-ministerial government agency tasked with implementing and developing land administration.  The conclusions and suggestions are: To overcome obstacles in the resolution of land disputes, it is very necessary to have a good administrative device, then the position of the National Land Agency (BPN) acts as a mediator to those in dispute to resolve land disputes/conflicts to the parties to the dispute, the role of the BPN as a mediator. Mediator, then BPN needs to improve Human Resources (HR) and socialize its position related to land settlement.

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