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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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Perlindungan Hukum Terhadap Konsumen Atas Alat Kesehatan (Masker) Yang Dilakukan Pelaku Usaha Pada Aplikasi Bukalapak Grace Nathalia Amdery; Rory Jeff Akyuwen; Marselo Valentino Geovani Pariela
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.v2i7.1129

Abstract

Introduction: The protection of consumer rights and obligations is often neglected because of the attitude of business actors who want to get profit by taking advantage of certain situations and conditions, one of which is where the consumer's need for medical devices in the form of masks is hindered by selling costs that are too high from the market price. Purposes of the Research: The purpose of this study is to answer how the legal protection for consumers for default by business actors on the Bukalapak application is.Methods of the Research: This study uses a normative juridical method by using a statutory and conceptual approach.Results of the Research: The results of this study indicate that in the online sale and purchase agreement, business actors have defaulted on Bukalapak and have resulted in losses to consumers, referring to Article 1243 of the Civil Code which explains about compensation and also Article 19 of the Consumer Protection Act. related to consumer rights to demand compensation. Reimbursement of loss costs must be carried out by Bukalapak for actions taken by business actors in terms of increasing prices unilaterally and Bukalapak must be responsible for the losses incurred.
Tanggung Jawab Pelaku Usaha Obat Herbal Atas Pencantuman Nomor Izin Edar Fiktif Bayu Sapto Aji; Merry Tjoanda; Sarah Selfina Kuahaty
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.v2i7.1128

Abstract

Introduction: Health is an important element in human life. One of the factors that support health is the drug used.Purposes of the Research: The purpose of this study is to find out and explain the responsibility of herbal medicine business actors for the inclusion of a fictitious distribution permit number in Ambon CityMethods of the Research: The method used in this research is a normative juridical method with a statutory approach and a conceptual approach. The legal materials used are primary, secondary and tertiary legal materials. The legal material is analyzed qualitatively in order to answer the problems studied.Result of the Research: As a result of the actions of business actors who unlawfully cause harm to consumers by including fictitious NIE on herbal medicinal products, business actors must be responsible based on the principle of error. Because of the bad faith mistake of the business actor who intentionally includes a fictitious NIE to obtain the maximum profit, the consumer will be greatly harmed when consuming the herbal medicinal product. Violations committed by these business actors need to get the attention of the government through the Food and Drug Supervisory Agency with the supervisory function carried out. Ambon City BPOM in carrying out its supervisory function related to the circulation of herbal medicines with the fictitious NIE has been intensively carried out in collaboration with other relevant agencies so that violations by herbal medicine business actors are still found in Ambon City.
Tinjauan Hukum Hak Asasi Manusia Internasional Terhadap Extrajudicial Killing Morich Thenu; Josina Augustina Yvonne Wattimena; Johanis Steny Franco Peilouw
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.v2i7.1127

Abstract

Introduction: This study discusses Extrajudicial Killing which is an act of extrajudicial killing carried out at the behest of the government or other powerful parties, and the authorities have not succeeded in in-depth investigation or arresting who is the mastermind of the murder.Purposes of the Research: To find out that extrajudicial killing violates international human rights law and international legal efforts to enforce human rights as a result of extrajudicial killing in the Philippines.Methods of the Research: This research method uses a normative legal research type and an analytical perspective research type using a statutory approach, a conceptual approach and a case approach.Results of the Research: The results of the study show that the Extrajudicial killing carried out by the President of the Philippines Rodrigo Duterte by killing people suspected of abusing narcotics has killed more than 5000 (five thousand) citizens is a violation of human rights and crimes against humanity. So that the act of killing can be qualified to violate international law and is included as a crime against humanity based on the 1998 Rome Statute because it fulfills the elements of crimes against humanity in accordance with Article 7 of the 1998 Rome Statute, namely the occurrence of widespread or systematic killings carried out by state officials.
Identifikasi Ruang Terbuka Hijau (RTH) Di Kota Ambon Risqi Mumpuni Dyastuti
TATOHI: Jurnal Ilmu Hukum Vol 2, No 8 (2022): Volume 2 Nomor 8, Oktober 2022
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i8.1217

Abstract

Introduction: Greenery open space proportion in the city is, at least, 30 (thirty) percent of the city area. The proportion for public greenery open space (GOS) in the city is, at least, 20 (twenty) percent of the city area. Meanwhile, the proportion for private greenery open space (GOS) in the city is 10 (ten) percent. Hence, the proportion identification is needed, and availability of greenery open space (GOS) in Ambon City is adjusted with the provision of Act Number 26 of 2007 concerning Spatial Planning.Purposes of the Research: This research aims to identify the proportion and availability of greenery open space in Ambon.Methods of the Research: This research is doctrinal research using secondary data. The secondary data used is primary legal material, secondary legal material, and tertiary legal material. Library research is used as technique of data collection. Furthermore, technique of analysis data used in this research is qualitative data analysis with historical approach.Results of the Research: The Significance of total population also affects the decrease of air quality in the environment. The decrease of environmental quality can be returned by preserve the amount of greenery open space as stated in the applicable statutory provisions. The availability of greenery open space is also affected by the remaining amount of carbon dioxide emissions produced both from motorized vehicles and humans, because the carbon dioxide produced is directly proportional to the population. Total carbon dioxide emissions produced is 393,295.56 ton/year. Thus, the need of Greenery Open Space in Ambon is 10,783.39 ha, with details; greenery open space for public is 7,188.92 ha and for private is 3,594.46 ha from total population of 371,650 people with area of 35,944.62 ha. The need for ideal greenery open space in Ambon is still sufficient to absorb the remaining carbon dioxide emissions.
Penerapan Asas Peradilan Sederhana, Cepat, dan Biaya Ringan Dalam Pemeriksaan Tindak Pidana Penganiayaan Dimasa Pandemi COVID-19 Ruth Gracia Imanuela Matrutty; Juanrico Alfaromona Sumarezs Titahelu; Julianus Edwin Latupeirissa
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.v2i6.1125

Abstract

Introduction: This article analyzes the law enforcement process and the application of simple, fast, and low-cost judicial principles in criminal acts of persecution during the COVID-19 pandemic at the Ambon District Court. Purposes of the Research: The purpose of this article is to know the law enforcement process and the application of judicial principles are smple, fast, and low-cost in examining criminal act of persecution during the COVID-19 pandemic at the Ambon District Court.Methods of the Research: The method of research used is normative juridicial, with a problem approach, namely the statute approach, conceptual approach and case approach.Results of the Research: The results of the study found that the law enforcement process for the criminal act of persecution before the COVID-19 pandemic and during the COVID-19 pandemic was in accordance with the applicable laws and regulations. However, in the application of simple, fast, low-cost judicial principles in the case examination process, there is a difference, namely before COVID-19 the examination process was carried out quickly. Meanwhile, during the COVID-19 pandemic, the examination process was quite long because of the obstacles faced such as the absence of witnesses, signal interference, the schedule of court hours that were not on time, the lack of availability of courtroom facilities and infrastructure, the inconvenience of law enforcement officers regarding the application of health protocols due to congestion breath.
Pengaturan Mengenai Akibat Hukum Bagi Pelaku Usaha Yang Telah Mendaur Ulang Limbah Sampah Makanan Mario Kusdianto; Rory Jeff Akyuwen; Marselo Valentino Geovani Pariela
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.v2i6.1124

Abstract

Introduction: Court decisions that are enforced are relatively soft, they do not cause a deterrent effect for perpetrators of violations. Especially in the food sector, business people are sentenced to 15 (fifteen) days to 8 (eight) months in prison, a probationary period of one year and 6 (six) months, and pay fines ranging from Rp. 50,000 to Rp. 400,000, 00 subsidy 15 (fifteen) days.Purposes of the Research: This paper aims to find out what legal sanctions are imposed on actors in businesses that recycle food waste.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 sanctions regulations imposed on entrepreneurs who recycle food waste are: in Law Number 8 of 1999 concerning Consumer Protection (UUPK) (1) Administrative sanctions, the Consumer Dispute Settlement Agency (BPSK) provides sanctions This is for the duties and/or powers conferred by law. This penalty is stated in Article 60. According to the provisions of Article 60 (1) and (2), the UUPK indicates that the administrative penalty that can be abandoned by BPSK is in the form of determining compensation up to a maximum of Rp. 200,000,000.00 (two hundred million rupiah). (2) Principal Criminal Sanctions, These sanctions are sanctions that can be imposed on entrepreneurs from the courts due to claims for violations. This sanction is stated in Article 62 of the UUPK, this sanction can be applied in two forms, namely, fines or imprisonment. (3) Additional Criminal Sanctions, these sanctions are regulated in Article 63 of the UUPK. The forms of additional criminal sanctions that can be imposed are in the form of confiscation of certain goods, announcement of judge's decisions, payment of compensation, orders to stop certain activities that cause consumer losses, and revocation of business licenses.
Tanggung Jawab Pemilik Dalam Perjanjian Jual Beli Hasil Pohon Fivanti Filberth Khoemarga; Merry Tjoanda; Sarah Selfina Kuahaty
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.v2i6.1123

Abstract

Introduction: The sale and purchase agreement of tree products made by the community in Negeri Nolloth, Saparua District, Central Maluku Regency which is carried out between the seller and the buyer is an agreement in which one party binds himself to deliver an item, and the other party pays the promised price.Purposes of the Research: Therefore, this paper aims to analyze and discuss about sale and purchase agreement of tree products in Nolloth, Saparua District, Central Maluku RegencyMethods of the Research: This research uses normative juridical and sociological juridical research types with this type of research being descriptive analytical. The techniques for collecting legal materials are primary legal materials, secondary legal materials and tertiary legal materials. The technique of collecting is through literature study and then analyzed by means of description using qualitative methods.Result of the Research: The results obtained from this study are the sale and purchase agreement made orally by both parties is a legally valid agreement and the parties involved have fulfilled the requirements for the occurrence of an agreement so that it has become a responsibility and gives rise to rights and obligations to both parties. parties, but the seller cannot carry out its obligations and has no responsibility to the buyer after this agreement is implemented due to price increases so that the seller takes the proceeds from the tree that has been sold to the buyer which causes the buyer to suffer losses so the seller must be responsible under Article 1365 of the Law - Civil Law Act and, therefore, the legal consequences, the buyer can claim compensation from the seller. And also there is compensation that must be given to the buyer by the seller in the State of Nolloth, Saparua District, Central Maluku Regency.
Aspek Yuridis Peralihan Hak Atas Tanah Melalui Proses Hibah Filbert Cristo Wattilete; Barzah Latupono; Novita Uktolseya
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.v2i6.1122

Abstract

Introduction: Soil is something that is inseparable from the earth which is called the earth's crust. The transfer of land rights due to a grant must be registered at the land office, assisted by the Land Deed Making Officer. Purposes of the Research: This paper aims to determine the transfer of land rights with the grant process and to determine the factors inhibiting the process of transferring land rights through grants.Methods of the Research: The method used in this paper is normative juridical using a statutory approach, and a conceptual approach.Results of the Research: The results obtained from the results of this study are the granting of a grant to an adopted child by parents to their adopted child as a form of gratitude and affection from parents to their child.
Penguasaan Wilayah Oleh Pemberontak dan Implikasi Hukum terhadap Hak Asasi Manusia Gremy Marsel Makatita; Lucia Charlota Octovina Tahamata; Popi Tuhulele
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.v2i6.1121

Abstract

Introductioan: In fact, what happened in Afghanistan shows that the protection of civilians is not fully guaranteed, and the existing regulations on insurgency and armed conflict have always been entirely by the parties to the insurgency and conflict, indicating that it has not been implemented.Purposes of the Research: This writing aims to analyze and find out international law governing the control of territory by rebels and the legal implications of territorial control by rebels on human rights.Methods of the Research: The type of research used is normative, which is focused on providing explanations that explain a particular category. Approach the problem of the statute approach (statute approach) and the conceptual approach (conceptual approach). The collection of legal materials through primary legal materials is then free from secondary legal materials. The processing and analysis of legal materials is described in a qualitative way with the aim of describing the findings in the field.Results of the Research: Provisions regarding non-international armed conflicts / rebels are regulated only based on Article 3 of the General Articles of the 1949 Geneva Conventions and Additional Protocol II of 1977. There are several conditions that must be met in order for a rebel group to be recognized as belligerent and become a subject in international law. The legal implications of the Taliban's territorial control in relation to hostilities affect not only members of the military but also civilians. Moreover, as the weak and suffering party, civilians are easily the targets of violence with various false claims. Humanitarian law also regulates the protection of the civilian population in Article 27 of Convention IV of 1949. The government or state is obliged to fully enforce the law to protect those who are victims of violations of international humanitarian law. To protect human rights in various situations, legal means are needed to create legal certainty in the implementation of the protection of everyone's rights.
Perlindungan Hukum Terhadap Warga Negara Keturunan Asia Dari Tindakan Diskriminasi Rasial Di Masa Pandemi Covid 19 Fikryansha Tuah; Arman Anwar; Richard Marsilio Waas
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.v2i6.1120

Abstract

Introduction: The 2019 coronavirus (COVID-19) pandemic has exposed social and political rifts in society, the emergence of racial and discriminatory responses to fear, which disproportionately affects marginalized groups especially those of Asian descent in America and Europe.Purposes of the Research: To study and find out the protection of international law for citizens of Asian descent during the covid 19 pandemic based on the international convetion on the elimination of all form of racial discrimination 1965, and to examine and know the state’s responsibility for acts of racial discrimination for citizens of Asian descent america during the covid 19 pandemic.Methods of the Research: The research method uses normative juridical law research, with primary and secondary legal materials as sources of law. The problem approach used is a conceptual approach. The case approach, and the statute approach. Furthermore, it was analyzed qualitatively.Results of the Research: The results show that the Covid 19 pandemic has increased hate crimes against Asians. The spike in hatred increased because Asians were blamed for the occurrence of Covid 19, which was first identified in Wuhan, China 2019. Protection against acts of racial and ethnic discrimination regulated in the International Convention of the Elimination of All Forms of Racial Discrimination (ICERD) is the elimination of discrimination that must be done immediately and in all its forms and manifestations, including the prevention and eradication of racist doctrines and practices, to promote mutual understanding between races and to build an international community free from all forms of racial exclusion and racial discrimination. States parties undertake to provide, through competent national courts and other national institutions, effective protection and remedies for everyone within their jurisdiction from racial discrimination in violation of the present Covenant, and to fulfill or satisfy the Right to compensation for all form of loss suffered as a result of such discriminatory treatment. States parties are obliged to take all appropriate steps to develop policies as soon as possible to eliminate all forms of racial discrimination and promote understanding between races.

Page 18 of 48 | Total Record : 476

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