TATOHI: Jurnal Ilmu Hukum
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.
Articles
476 Documents
<![CDATA[Kekuatan Alat Bukti E-mail Dalam Persidangan Perkara Perdata ]]>
<![CDATA[Jihan Rizki Putri Permono]]>;
<![CDATA[Merry Tjoanda]]>;
<![CDATA[Pieter Radjawane]]>
<![CDATA[ TATOHI: Jurnal Ilmu Hukum Vol 2, No 5 (2022): Volume 2 Nomor 5, Juli 2022 ]]>
Publisher : <![CDATA[Faculty of Law Pattimura University ]]>
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DOI: 10.47268/tatohi.v2i5.1110
<![CDATA[Introduction: The development of information technology right now introduced to the public by the existence of electronic evidence.Purposes of the Research: The purpose of this study is to discuss the strength of e-mail evidence in civil case trials in strengthening an argument in courtMethods of the Research: This research is a normative juridical research. This type of research is descriptive analysis. Focusing on an inventory of positive law, legal principles and doctrines, legal findings in cases in concreto, legal systematics, legal synchronization levels, legal comparisons and legal history.Results of the Research: Electronic evidence can have legal force if the information obtained guarantees its integrity, can be accounted for, and can be displayed so as to explain a situation. The regulation of electronic information and electronic documents is contained in Law no. 11 of 2008 concerning Information and Electronic Transactions (ITE) where this law is expressly declared valid as evidence in court, especially in civil courts and regulation no. 82 of 2012 concerning the implementation of electronic systems and transactions and reinforced by Article 5 paragraph 1 of the Electronic Information and Technology Law (UU ITE) that electronic information and/or electronic documents and/or their printed results are legal evidence.]]>
<![CDATA[Pengaturan Mengenai Pengakuan Terhadap Organisasi Pemberontak Sebagai Subjek Hukum Ditinjau Dari Hukum Internasional ]]>
<![CDATA[Rendyano Rizalno Hiariej]]>;
<![CDATA[Arman Anwar]]>;
<![CDATA[Welly Angela Riry]]>
<![CDATA[ TATOHI: Jurnal Ilmu Hukum Vol 2, No 5 (2022): Volume 2 Nomor 5, Juli 2022 ]]>
Publisher : <![CDATA[Faculty of Law Pattimura University ]]>
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DOI: 10.47268/tatohi.v2i5.1109
<![CDATA[Introduction: Indonesia from time immemorial until after independence faced various kinds of problems, both international and non-international. Although this problem can be solved in different ways, there are also parties who can solve it in an unsympathetic way. This can encourage the emergence of conflicts arising from the current struggle, in particular armed conflicts.Purposes of the Research: This paper aims to examine and discuss how the regulation of rebel organizations as a legal subject is reviewed from international law.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 study show that the instruments of international law governing rebels as subjects of international law are the Hague Convention IV of 1907, as well as The Supplementary Protocol II of the Geneva Conventions of 1949. The Rebels, Insurgents and Belligerents remain obliged to comply with the provisions of international law. The Free Papua Organization (OPM) does not yet have a juridical personality as a subject of international law because it does not meet the criteria for rebels as stipulated in the 1907 Hague Convention IV and the Geneva Conventions. 1949. While the status of the opening of the OPM Representative Office in the United Kingdom does not affect the British attitude in respecting the sovereignty and territorial integrity of Indonesia including the recognition of Papua as part of the Republic of Indonesia. The resolution of the Papuan conflict should take a way of peaceful and integrated negotiations with the interests of the welfare of the people in Papua as a whole.]]>
<![CDATA[Pengaturan Perbatasan Di Laut Mediternia Antara Turki Dan Yunani Dalam United Convention Los 1982 ]]>
<![CDATA[June Mitchen Rumlaklak]]>;
<![CDATA[Johanis Steny Franco Peilouw]]>;
<![CDATA[Josina Augustina Yvonne Wattimena]]>
<![CDATA[ TATOHI: Jurnal Ilmu Hukum Vol 2, No 5 (2022): Volume 2 Nomor 5, Juli 2022 ]]>
Publisher : <![CDATA[Faculty of Law Pattimura University ]]>
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DOI: 10.47268/tatohi.v2i5.1108
<![CDATA[Introductioan: The 1982 Convention on the Law of the Sea is the first and most comprehensive and comprehensive convention relating to the territorial sovereignty of a country over the use and use of marine natural resources.Purposes of the Research: This study aims to find out and understand about the border arrangements in the Mediterranean Sea between Turkey and Greece in Unclos 1982.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 results obtained are that maritime border arrangements are very important in cases of maritime border territorial disputes between Turkey and Greece according to international law, maritime boundaries are also a guarantee in the process of resolving cases between the two countries. This is expressly stipulated and regulated in the provisions of international law as international law regulates the state to have the authority to resolve and enforce maritime border disputes in the territory of the countries of Turkey and Greece. As well as the process of resolving conflicts over maritime border area disputes in Turkey and Greece, it is clear that there must be a settlement because this is the main factor to prevent maritime border territorial disputes from occurring, therefore it is necessary to take relative measures to resolve them in accordance with the provisions of the law. Applicable provision.]]>
<![CDATA[Pemenuhan Hak Pendidikan Anak Di Masa Pandemi Covid-19 ]]>
<![CDATA[Marlon Tahapary]]>;
<![CDATA[Jantje Tjiptabudy]]>;
<![CDATA[Renny Heronia Nendissa]]>
<![CDATA[ TATOHI: Jurnal Ilmu Hukum Vol 2, No 4 (2022): Volume 2 Nomor 4, Juni 2022 ]]>
Publisher : <![CDATA[Faculty of Law Pattimura University ]]>
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DOI: 10.47268/tatohi.v2i4.1103
<![CDATA[Introduction: Fulfilling children's rights to education is increasingly difficult to achieve, so it is necessary to fulfill children's education rights during the COVID-19 pandemic.Purposes of the Research: Therefore, this writing aims to analyze and discuss the fulfillment of children's education rights during the covid-19 pandemic. Methods of the Research: The research method used is normative juridical. The approach to the problem used is the statutory approach, conceptual approach, sources of legal materials used are primary legal materials and secondary legal materials. Data collection techniques are through literature study and then analyzed through description using the method qualitative.Resul of the Research: The results of the study show that the fulfillment of children's education rights during the Covid-19 period has not been fulfilled properly. The rights of children's education as regulated in Law Number 23 of 2002 have also not been implemented properly during this covid period. There are no legal consequences arising from the non-fulfillment of children's education rights. For this reason, the fulfillment of children's rights should be in accordance with what has been mandated in the law so that it can guarantee the fulfillment of children's rights so that they can grow, develop, and participate optimally in accordance with human dignity.]]>
<![CDATA[Pertanggungjawaban Hukum Badan Pertanahan Nasional Terhadap Penerbitan Sertifikat Ganda ]]>
<![CDATA[Nifantri Mulya Ningsih]]>;
<![CDATA[Marthinus Johanes Saptenno]]>;
<![CDATA[Sherlock Halmes Lekipiouw]]>
<![CDATA[ TATOHI: Jurnal Ilmu Hukum Vol 2, No 5 (2022): Volume 2 Nomor 5, Juli 2022 ]]>
Publisher : <![CDATA[Faculty of Law Pattimura University ]]>
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DOI: 10.47268/tatohi.v2i5.1116
<![CDATA[Introduction: The issuance of dual certificates, namely certificates of more than one ownership in the same land area. As a result of the issuance of double certificates, there is a dispute between the parties.Purposes of the Research: To find out the form of the responsibility of the national land agency for the issuance of multiple certificates and their legalMethods of the Research: The research is a normative legal research in the study using two problem 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. the whole data in this stuidy was analyzed qualitatively. Results of the Research: The results of this study indicate that the national land agency is responsible fir the certificates issued releted to the with the head of the national land agency. the national land agency is absolutely responsible for the issuance of multiple certificates as a result of negligence due to the inaccuracy of the national land agency. the absolute responsibility system requires the national land agency to be responsible both inside and outside the court if there is a lawsuit regarding land rights. the legal consequence of the issuance of multiple certificates issuedvy the national land agency is to create legal uncertainty because there is more than one certyificates in the same parcel of land, losses for the both parties to the dispute, especially for those who are declared defeated in the trial and certificates that are proven administratively dlawed or inten tionally registered return. ]]>
<![CDATA[Upaya Penanggulangan Terhadap Warga Binaan Perempuan Yang Melakukan Kekerasan ]]>
<![CDATA[Gloria Altika Adriani Lewaherilla]]>;
<![CDATA[Elsa Rina Maya Toule]]>;
<![CDATA[Margie Gladies Sopacua]]>
<![CDATA[ TATOHI: Jurnal Ilmu Hukum Vol 2, No 4 (2022): Volume 2 Nomor 4, Juni 2022 ]]>
Publisher : <![CDATA[Faculty of Law Pattimura University ]]>
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DOI: 10.47268/tatohi.v2i4.1101
<![CDATA[Introduction: Women's Correctional Institutions are still physically violent among inmates.Purposes of the Research: Analyze and discuss countermeasures carried out for female inmates who commit violence against fellow female inmates.Methods of the Research: This research uses empirical juridical research type with analytical descriptive research type. The technique of collecting legal materials is by conducting library research on legal materials, namely Primary Legal Materials and Secondary Legal Materials. Legal materials analysis techniques are obtained from qualitative classification.Results of the Research: The results of this study indicate that there are female inmates who are serving their criminal period, but also commit violence between inmates. The various factors that cause violence by inmates at the Class III Ambon Women's Correctional Institution are personal problems that become a burden on the inmates' minds, so that always overshadowed by feelings of irritation, boredom, and an emotional nature, which causes emotional instability among the inmates, and the absence of intimacy and harmonious relations between the inmates. As well as efforts to handle cases of violence carried out by inmates at the Class III Ambon Women's Correctional Institution in the form of pre-emptive efforts such as independent and spiritual development, preventive efforts in the form of supervision which is divided into three shifts, repressive efforts of inmates are put in solitary confinement for 6 (six) days and delaying or eliminating certain rights in accordance with a predetermined time.]]>
<![CDATA[Kajian Hukum Pidana Terhadap Kedudukan Informan Sebagai Saksi Menurut Undang-Undang Nomor 35 Tahun 2009 Tentang Narkotika Dengan Undang-Undang Nomor 8 Tahun 1981 Tentang KUHAP ]]>
<![CDATA[Claudio Varly Lainata]]>;
<![CDATA[John Dirk Pasalbessy]]>;
<![CDATA[Julianus Edwin Latupeirissa]]>
<![CDATA[ TATOHI: Jurnal Ilmu Hukum Vol 2, No 4 (2022): Volume 2 Nomor 4, Juni 2022 ]]>
Publisher : <![CDATA[Faculty of Law Pattimura University ]]>
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DOI: 10.47268/tatohi.v2i4.1100
<![CDATA[Introduction: In Indonesia, the law that supervises and controls the use of narcotics as well as overcoming the abuse of narcotics and the treatment of its victims is known as the narcotics law.Purpose of the Research: Therefore, this writing aims to analyze and explain the position of informants in Law 35 of 2009 and the role of informants in helping to reveal narcotics crimes.Methods of the Research: This type of research in the preparation of legal writing is normative legal research. Peter Mahmud Marzuki said that legal research in general is a process to find the rule of law, legal principles, and legal doctrines in order to answer the legal issues at hand. Normative legal research, another name is doctrinal legal research, also known as library research or document study because this research was conducted or aimed only at written regulations.Results of the Research: The results of the study show that legally, narcotics are regulated in Law Number 35 of 2009 concerning Narcotics. However, in this case, informants who are intermediaries in following up narcotics cases are not explicitly regulated in the legislation, only policies that make informants are still used by the police to assist in uncovering narcotics trafficking crimes. The informant contributes to the law enforcement of narcotics crime, where the role of this informant is one of the technical ones in uncovering the crime of narcotics trafficking and this informant does not receive legal protection]]>
<![CDATA[Akibat Hukum Pembatalan Pelaksanaan Perkawinan Secara Sepihak ]]>
<![CDATA[Zulvira Zalleh Bairatnissa]]>;
<![CDATA[Barzah Latupono]]>;
<![CDATA[Sabri Fataruba]]>
<![CDATA[ TATOHI: Jurnal Ilmu Hukum Vol 2, No 4 (2022): Volume 2 Nomor 4, Juni 2022 ]]>
Publisher : <![CDATA[Faculty of Law Pattimura University ]]>
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DOI: 10.47268/tatohi.v2i4.1099
<![CDATA[Introduction: Marriage must go through a legal process and be recognized by both the community and the state.Purposes of the Research:the purpose of compiling this writing for all people who study law in the civil field, especially those related to the factors causing annulment and legal consequences of unilateral annulment of marriageMethods 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. The technique of gathering legal materials carried out in this study was library research, then it was analyzed qualitatively.Results of the Research: The laws and regulations regarding marriage do not regulate at all the legal consequences related to the unilateral cancellation of marriage (marriage) after the proposal and engagement, so people are so easy to annul it unilaterally to the detriment of the other party.However, if referring to the jurisdiction of the Supreme Court Number 3191 K/Pdt/1984 dated December 12, 1985, then the unilateral annulment of marriage (marriage) after the proposal and engagement is a violation of the norms of decency and propriety in society, and is an act against the law,where this jurisprudence is then used as the basis of legal consideration of the Supreme Court judge in Decision Number: 1644 K/Pdt/2020. Namely the decision on the unilateral annulment of marriage (marriage) after the proposal and engagement made by Agus Suyitno to his partner Sri Subur Lestari.]]>
<![CDATA[Perlindungan Hukum Rahasia Dagang Terhadap Produk Skincare Home Industry ]]>
<![CDATA[Wellastry Yamin]]>;
<![CDATA[Ronald Saija]]>;
<![CDATA[Sarah Selfina Kuahaty]]>
<![CDATA[ TATOHI: Jurnal Ilmu Hukum Vol 2, No 4 (2022): Volume 2 Nomor 4, Juni 2022 ]]>
Publisher : <![CDATA[Faculty of Law Pattimura University ]]>
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DOI: 10.47268/tatohi.v2i4.1098
<![CDATA[Introduction: The high interest of skincare home industry products has made these product business actors mushrooming in almost all e-commerce platforms.Purposes of the Research: The purpose of this research is to examine and discuss the legal protection of intellectual property rights for skincare home industry products.Methods of the Research: This research was conducted with a normative juridical research type using a statute approach. To answer the existing problems, the author collects legal materials through literature studies and analyzes them using qualitative analysis methods.Results of the Research: The results of this research indicate that the legal protection that can be obtained by skincare home industry product owners in the field of trade secrets is related to confidential information that has commercial value, related to production, processing, sales, or other technical and/or economic information that has economic value and is unknown in general in the manufacture of these products. Then, the form of legal protection can be in the form of making a written agreement based on a consulting contract as a legal effort to protect his trade secrets, as well as filing a claim for compensation, using alternative dispute resolutions, and/or filing criminal charges, if there has been a violation.]]>
<![CDATA[Jual Beli Tanah dan Bangunan Atas Objek Jaminan Utang ]]>
<![CDATA[Meyske Tanamal]]>;
<![CDATA[Teng Berlianty]]>;
<![CDATA[Theresia Louize Pesulima]]>
<![CDATA[ TATOHI: Jurnal Ilmu Hukum Vol 2, No 4 (2022): Volume 2 Nomor 4, Juni 2022 ]]>
Publisher : <![CDATA[Faculty of Law Pattimura University ]]>
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DOI: 10.47268/tatohi.v2i4.1097
<![CDATA[Introduction: The transfer of land rights is the transfer of land rights from one party to another, either because of an intentional or unintentional legal act.Purposes of the Research: To study and analyze the process of transferring the sale and purchase of land and buildings that have been used as objects of debt guarantees and to examine and analyze the validity of buying and selling land and buildings that have been used as objects of debt guarantees.Methods of the Research: This research is a normative legal research Results of the Research: The results of this study The validity of the sale and purchase of land and buildings that have been used as objects of debt guarantee, i.e. if the sale and purchase is carried out, has fulfilled the legal requirements of the agreement according to Article 1320 of the Civil Code, and the process of transferring the sale and purchase of land and buildings that are used as objects of debt guarantees is carried out in several stages, namely: the certificate of the object of sale and purchase must be redeemed first by first settling/paying off the debt, and after being paid off, the land certificate is confiscated/abolished collateral rights at the Land Office. The next stage is the preparation of the sale and purchase and the stage of making the sale and purchase deed before the Land Deed Maker Official, including the payment of the sale-purchase tax. Then the next stage is the registration of the transfer of rights or registration of the sale and purchase deed to the Land Office.]]>
