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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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Penegakan Kedaulatan Di Wilayah Udara Indonesia Berdasarkan Undang-Undang Nomor 1 Tahun 2009 Tentang Penerbangan Salrik Roland Saily; Johanis Steny Franco Peilouw; Irma Halima Hanafi
TATOHI: Jurnal Ilmu Hukum Vol 2, No 4 (2022): Volume 2 Nomor 4, Juni 2022
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i4.1096

Abstract

Introduction: This study discusses the enforcement of sovereignty in Indonesian airspace based on Law number 1 of 2009 concerning Avitiation. Purposes of the Research: Rieviewing and discusses froms the regulation and law enforcement in air space in Indonesian airspace based on Law number 1 of 2009 concering Aviation.  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 resukts of this study indicate that violations of airspace in Indonesian are still common considering thaht Indonesian has a fairly large area and is limited by violation detection radar devices so that it is very vulnerable in Indonesia’s airspace to be entered by foreign civilian aircraft. Indonesian has not only happened repeatedly until the beginning of 2019, but in government regulation number 4 of 2018 concering security of the airspace of the republic of Indonesia, it has been explained and emphasized regarding securing airspace in indonesian airspace in article 1 paragraph (8) government regulations.
Pengaturan Tentang Visa Kunjungan dan Dampaknya Bagi Pekerja Yang Unprosedural Firma Riza Aksamilani Soumena; Arman Anwar; Veriena Josepha Batseba Rehatta
TATOHI: Jurnal Ilmu Hukum Vol 2, No 4 (2022): Volume 2 Nomor 4, Juni 2022
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i4.1095

Abstract

Introduction: A visit visa is a visa granted to a foreigner who will travel to a part of the country for a visit for the purpose of government duties, education,socio-culture, tourism, pre-investment, business, family, journalism, or to stop for a moment to continue traveling to another country. However, the fact is that visiting visas are often misused by people in other countries, one of  which is unprosedural workers. Purposes of the Research:  To find out the arrangements regarding visit visas in immigration law and to find out the use of a visit visa and its impact on unprocedural workers.Methods of the Research: This study uses a normative juridical research method with legal materials used, namely primary legal materials and tertiary legal materials. The collection technique was carried out through a literature study and then analyzed using qualitative methods.Results of the Research: The results of the study show that a visit visa as a condition for traveling to a country cannot be used for other purposes. With the existence of immigration law actions both in administrative and criminal forms issued by each country, it is an appropriate legal action in giving sanctions to perpetrators of abuse of visit visas, especially for unprocedural workers.
Tanggung Jawab Negara Terhadap Pencemaran Akibat Industri Pertambangan Pada Wilayah Perbatasan Laut Menurut Hukum Lingkungan Internasional Eliezer Sasake; Josina Augustina Yvonne Wattimena; Richard Marsilio Waas
TATOHI: Jurnal Ilmu Hukum Vol 2, No 4 (2022): Volume 2 Nomor 4, Juni 2022
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i4.1083

Abstract

Introductioan: Environmental pollution in marine areas comes from human activities in using natural resources, one of which is the result of the mining industry, both mining from land and at sea.Purposes of the Research: This writing aims to understand and know the regulation of pollution caused by the mining industry in marine border areas according to international environmental law.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 results of this study indicate that the regulation on the protection and responsibility of the state against marine pollution has been explicitly regulated in The United Nations Convention on the Law of the Sea (UNCLOS) 1982 and the 1972 Stolckhom Declaration on the Environment. The form of responsibility contained in a case of cross-border pollution is absolute responsibility (strict liability). International Dispute Resolution can be carried out in many ways as long as these methods do not conflict with the United Nations Charter, namely peaceful means. Every violation of international law for which there is no reason to erase the fault, so that it can be held accountable
Pengaturan Hukum Petisi Online Sebagai Kebebasan Berpendapat Terhadap Penyelenggaraan Pemerintahan Nurul Safitri; Jantje Tjiptabudy; Hendry John Piris
TATOHI: Jurnal Ilmu Hukum Vol 2, No 6 (2022): Volume 2 Nomor 6, Agustus 2022
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i6.1126

Abstract

Introduction:  People are getting smarter at using the existing media to exercise their right to express opinions, one of which is through online petitions.Purposes of the Research: to find out the legal arrangements and the implications of online petitions on governance. Methods of the Research:  This research is a normative legal research. In this study, three approaches to the problem are used, namely the statutory approach, the conceptual approach, and the comparative 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 parts, both primary, secondary and tertiary laws. All data in this study were analyzed qualitatively. Results / Findings / Novelty of the Research :  The results of this study identified that online petitions are electronic mails that are currently popular among the public. However, Indonesia does not yet have specific regulations regarding online petitions. The implications obtained from the online petition platform are able to facilitate as well as involve citizens in voicing their opinions and actively in carrying out the role of citizens by implementing direct democracy, namely the community participating in public management. 
Kewenangan Pemerintah Dalam Melakukan Pengawasan Terhadap Lingkungan Hidup Modesta Nusalawo; Victor Juzuf Sedubun; Eric Stenly Holle
TATOHI: Jurnal Ilmu Hukum Vol 2, No 7 (2022): Volume 2 Nomor 7, September 2022
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i7.1135

Abstract

Introduction: provides This study discusses the issue of government authority in supervising the environment.This study discusses the issue of government authority in supervising the environmentPurposes of the Research:  The purpose of this study is to identify and analyze the government's authority in the environmental sector and to determine the implementation of the local government's supervisory authority on the environment based on Law Number 11 of 2020 concerning Job Creation.Methods of the Research: This study uses a normative legal research method using a statutory approach and a conceptual approach.Results of the Research: The results and discussion show that the Government based on Article 1 Paragraph (3), Article 71 paragraph (3) and Law No. 32 of 2009 concerning Environmental Protection and Management and Article 72 of Law No. 11 of 2020 on Job Creation, has the authority to carry out supervision of the environment which is the problem used by the author, namely the authority to supervise. The authority for environmental supervision according to Law No. 32 of 2009 includes supervision and the imposition of sanctions. However, the Job Creation Law Number 11 of 2020 specifically regulates, supervises and applies sanctions. The job creation law provides environmental approval, supervision and application of sanctions in the form of direct and indirect warnings, government coercion and does not give authority to local governments in supervising and implementing sanctions.
Hak Prerogatif Presiden Dalam Pengangkatan Menteri Jacoba F X Kelbulan; Saartje Sarah Alfons; Hendry John Piris
TATOHI: Jurnal Ilmu Hukum Vol 2, No 7 (2022): Volume 2 Nomor 7, September 2022
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i7.1134

Abstract

Introduction: The use of prerogatives in appointing ministers, the president must pay attention to the educational background of a minister, the president must also look at some applicable standards.Purposes of the Research: to know and understand how to regulate the use of the President's prerogative in the appointment of ministers and how to use the mechanism of the President's prerogative in the appointment of ministers. 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: Regarding the educational background of the minister, Susie pudjiastuti, it is not regulated because the ministerial position is not a structural position. Although the president has prerogatives, the president is not necessarily given the widest freedom in appointing a minister. Special arrangements need to be made to limit the president regarding certain things that are the measure. The mechanism of the president's prerogative regarding the appointment of ministers needs to be regulated in a statutory regulation. The intended mechanism can be in the form of interviews, as well as fit and proper tests from the minister concerned, and the conditions that allow it to be open to the public.
Mekanisme Penggunaan Closed Circuit Television Sebagai Alat Bukti Petunjuk Dalam Tindak Pidana Pembunuhan Michelle Nicole Sarimanella; Sherly Adam; Elias Zadrach Leasa
TATOHI: Jurnal Ilmu Hukum Vol 2, No 7 (2022): Volume 2 Nomor 7, September 2022
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i7.1133

Abstract

Introduction: Closed Circuit Television (CCTV)) is a digital video camera device that is used to transmit signals to a monitor screen in a certain room or place. It has the aim of being able to monitor the situation or condition of a certain place, so that it can prevent the occurrence of a crime or can be used as evidence of a crime that has occurred.Purposes of the Research:  Analyze and discuss the mechanism of using CCTV as evidence of evidence in the crime of murder and Knowing the obstacles in using CCTV as evidence of instructions in the crime of murderMethods of the Research: This study uses a normative juridical research method because it uses a literature study that adheres to the juridical aspects with the types of statutory approaches, conceptual approaches, and case approaches.Results of the Research: The results of the study show that CCTV in its mechanism can be used as evidence for instructions in a criminal act, especially a crime of murder, if the CCTV has a link between witness statements, letters, and the defendant's statement as stated in Article 188 Paragraph (2) of the Criminal Procedure Code although there are several obstacles in the evidentiary process such as unclear CCTV footage and different expert views regarding the use of CCTV recordings as evidence for instructions in the process of proving the crime of murder.
Kajian Yuridis Terhadap Pertanggungjawaban Pidana Pelaku Tindak Pidana Korupsi Jefta Ramschie; Reimon Supusepa; Yanti Amelia Lewerissa
TATOHI: Jurnal Ilmu Hukum Vol 2, No 7 (2022): Volume 2 Nomor 7, September 2022
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i7.1132

Abstract

Introduction: The improvement of society's social life, science and technology, has resulted in the growing of criminal acts. Purposes of the Research: The aim of this study is to analyze the criminal liability of the corruption perpetrators and the judges considerations in deciding the case. Methods of the Research: The type of research that used is "Juridicial Normative" research, which is descriptive analysis, statute approaches, Case Approaches, Conceptual Approaches. The technique of collecting law materials is through literature study, then the analysis of Law is qualitative.Results of the Research: The result of the research showed that The Judges of Ambon District Court, sentenced LI as the Head of Ambon City Environment and Waste. The primary consideration in imposing a criminal offense using Article 2 verse (1) is the End Year bonus payment started from 2019-2020. Therefore the Judges conclude that none of the elements of Article 2 verse (1) have been fulfilled. It’s proper to consider elements of the chapter against perpetrators of corruption, professional/office of the perpetrator should be considered.
Kajian Kriminologis Kekerasan Seksual Terhadap Anak Giovanny Franfol Syaranamual; John Dirk Pasalbessy; Yonna Beatrix Salamor
TATOHI: Jurnal Ilmu Hukum Vol 2, No 7 (2022): Volume 2 Nomor 7, September 2022
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i7.1131

Abstract

Introductioan: The number of sexual violence against children every year is always high and even very disturbing and disturbing social and personal peace, therefore efforts to handle and overcome sexual violence must be handled carefully and firmly in accordance with applicable regulations.Purposes of the Research:  The purpose of this study is to analyze and examine what criminogenic factors are the reasons someone commits a crime of sexual violence against children and discuss what steps or approaches are used to deal with sexual violence against children that occurs.Methods of the Research: the method used in this paper is an empirical juridical research method. The legal materials used are primary, secondary and tertiary legal materials.Results of the Research: The results of this study indicate that the criminogenic factor or reason for the perpetrators of sexual violence against children to take their actions is, because of an indication of supporting factors such as internal factors or factors from within the perpetrator and external factors or factors from outside the perpetrator. it can be explained that the handling efforts taken can be in the form of a penal approach or a legal approach and a non-penal approach or an illegal approach.
Hak Ahli Waris Keturunan Raja Dalam Persekutuan Ratschaap Yarbadang Mussad, Saini; Matuankotta, Jenny Kristiana; Latupono, Barzah
TATOHI: Jurnal Ilmu Hukum Vol 2, No 7 (2022): Volume 2 Nomor 7, September 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i7.1130

Abstract

Introduction:  Inheritance law is a legal regulation that regulates inheritance due to death, the formulation of silent words until someone dies and causes inheritance problems, the death of this person is a legal event. Each Ratschaap belongs to one of the three major alliances, namely Ur siu (clump of nine), Loor lim (clump of five) and Loor labia (clump of intermediate) it is recorded that ten Ratschaap are members of Ur siu, the next ten Ratschaap are joined in Loor lim and the remaining two Ratschaap belonging to the Loor labia.Purposes of the Research:  The purpose of this study is to examine the normative juridical regarding the rights of the heirs of the king's descendants in the Ratschaap Yarbadang Alliance in Southeast Maluku with theories and facts that occur in the social community of Southeast Maluku.Methods of the Research:   In this legal research, the author uses empirical juridical research where this study uses a sociological research problem approach using original data using an empirical approach to knowledge based on facts from research results and observations according to this legal research.Results of the Research:  The results of this study indicate, Article 18b paragraph (2), the 1945 Constitution of the Republic of Indonesia and the Village Law Number 06 of 2014 as well as the Southeast Maluku Regency Government Regulation Number 04 of 2009 concerning Procedures for Nomination, Election and Inauguration of Heads. The government of Ohoi/Ohoi Rat, has regulated and given rights to the entire community of Southeast Maluku in exercising their customary and cultural rights, as well as parties who are not responsible for ancestral customs.

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