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[Fungsi Dewan Hak Asasi Manusia Eropa Dalam Menangani Pelanggaran Hak Asasi Manusia Di Hungaria Berdasarkan Piagam Hak Asasi Manusia Eropa ]]>
<![CDATA[Brian Stevano Ukru]]>;
<![CDATA[Josiana Agusthina Yvonne Wattimena]]>;
<![CDATA[Johanis Steny Franco Peilouw]]>
<![CDATA[ TATOHI: Jurnal Ilmu Hukum Vol 2, No 6 (2022): Volume 2 Nomor 6, Agustus 2022 ]]>
Publisher : <![CDATA[Faculty of Law Pattimura University ]]>
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DOI: 10.47268/tatohi.v2i6.1119
<![CDATA[Introduction: The function of the European Human Rights Council in dealing with human rights violations against refugees and asylum seekers in Hungary and the form of accountability of the Hungarian State based on the European Human Rights Charter.Purposes of the Research: This writing aims to examine and analyze how the European Human Rights Council functions in dealing with human rights violations in Hungary based on the European Human Rights Charter.Methods of the Research: The research method in this paper uses a normative juridical 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 obtained are to explain that the function of the European Human Rights Council is to guarantee the protection of human rights for refugees and asylum seekers. The form of responsibility of the Hungarian State under the European Charter of Human Rights.]]>
<![CDATA[Tinjauan Hukum Humaniter Mengenai Konflik Bersenjata Antara Negara Dengan Kaum Pemberontak ]]>
<![CDATA[Basafa Asmawati Aziz Udin]]>;
<![CDATA[Efie Baadila]]>;
<![CDATA[Dyah Ridhul Airin Daties]]>
<![CDATA[ TATOHI: Jurnal Ilmu Hukum Vol 2, No 6 (2022): Volume 2 Nomor 6, Agustus 2022 ]]>
Publisher : <![CDATA[Faculty of Law Pattimura University ]]>
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DOI: 10.47268/tatohi.v2i6.1118
<![CDATA[Introduction: International humanitarian law applies to both international and non-international armed conflicts that cause casualties. One form of armed conflict in which humanitarian law can be applied is the armed conflict between Afghanistan and the Taliban insurgents.Purposes of the Research: Analyzing and knowing the regulations regarding armed conflict between the state and the rebels, Analyzing and knowing the legal consequences for both parties to the conflict according to International Law, As one of the requirements in the completion of studies at the Faculty of Law of Pattimura UniversityMethods of the Research: This study uses a normative juridical legal research method, using primary, secondary, and tertiary legal sources and the collection of legal materials is carried out using library techniques. Furthermore, the analysis technique is carried out by thoroughly evaluating legal materials related to the issues discussed and interpreting laws or regulations related to the issues discussed.Results of the Research:it can be concluded that in international humanitarian law the regulation of armed conflict between states and rebels can be seen in Article 3 of the Geneva Conventions of 1949 and Additional Protocol II of 1977. As well as the legal consequences for the state and the rebels involved in the conflict in Afghanistan where both the Afghan state and the Taliban are subjects of international law, both of them must comply with humanitarian law and are prohibited from taking coercive actions, both physical and spiritual, to obtain information; cause physical suffering; impose collective punishment; perpetrate intimidation, terrorism and robbery; retaliation against civilians; Arresting people to be held as hostages.]]>
<![CDATA[Perlakuan Terhadap Anak-Anak Indigenous People Dan Tanggung Jawab Negara ]]>
<![CDATA[Margareta Rahalus]]>;
<![CDATA[Josina Augustina Yvonne Wattimena]]>;
<![CDATA[Irma Halimah Hanafi]]>
<![CDATA[ TATOHI: Jurnal Ilmu Hukum Vol 2, No 9 (2022): Volume 2 Nomor 9, November 2022 ]]>
Publisher : <![CDATA[Faculty of Law Pattimura University ]]>
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DOI: 10.47268/tatohi.v2i9.1429
<![CDATA[Introduction: Indigenous peoples continue to face threats to their sovereignty, the sovereignty that is meant is centered on how the state positions indigenous peoples into national policies, by imposing values on indigenous peoples.Purposes of the Research: To examine and find out whether the treatment of Indigenous People's children in Canada violates the provisions of International Law and to find out how the state's responsibility for the human rights of Indigenous People's children is. Methods of the Research: This research is a normative juridical law research, with primary and secondary legal materials as a source of law by using the nature of prescriptive research that aims to obtain suggestions on what to do.Results of the Research: The results of the study show that the treatment of children of indigenous people in Canada violates the provisions of international law, where indigenous children receive treatment from the state in the form of violence or coercion which is contrary to human rights and fundamental freedoms regulated in the ILO (International Labor Organization) Conventions. UNDRIP Declaration (United Nation Declaration of Rights on the Indigenous Peoples), United Nations Convention on the Rights of the Child, then on the International Covenant on Civil and Political Rights) and also to the International Covenant on Economic, Social and Cultural Rights.]]>
<![CDATA[Perlindungan Hukum Internasional Bagi Pasukan Penjaga Perdamaian Perserikatan Bangsa-Bangsa ]]>
<![CDATA[Felix Mayaut]]>;
<![CDATA[Lucia Charlota Octovina Tahamata]]>;
<![CDATA[Wilshen Leatemia]]>
<![CDATA[ TATOHI: Jurnal Ilmu Hukum Vol 2, No 10 (2022): Volume 2 Nomor 10, Desember 2022 ]]>
Publisher : <![CDATA[Faculty of Law Pattimura University ]]>
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DOI: 10.47268/tatohi.v2i10.1440
<![CDATA[Introduction: Peacekeeping Forces are troops formed by the Security Council to maintain international. These troops are usually deployed after a conflict in a country and have obtained prior agreement with the disputing parties.Purposes of the Research: This writing aims to understand and find out the forms of protection and legal status of the UN peacekeepers. Methods of the Research: The research method in this paper uses a descriptive analytical research type. The research approach used is a law 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, documents, scientific works of legal scholars, as well as legal materials analysis techniques in this study using qualitative analysis techniques.Results of the Research: The results show that the form of protection for peacekeepers in armed conflict is regulated in the 1949 Geneva Conventions and the 1994 United Nations Personnel Safety Convention. Neither personnel, equipment and buildings may be subjected to attacks or actions that prevent them from carrying out their mandate. MONUSCO's legal status is contained in Security Council Resolution 2556 of 2020 and the Status of Force Agreement which describes their duties, functions and privileges in a country. Attacks against them in any form are punished according to their severity and the United Nations as the mandate giver has the right to file claims for damages suffered while carrying out official obligations as representatives of the United Nations, based on the Advisory Opinion of the International Court of Justice.]]>
<![CDATA[Pertanggungjawaban Penggunaan Unmanned Aerial Vehicle (UAV) Dalam Konflik Bersenjata Ditinjau Dari Hukum Humaniter Internasional ]]>
<![CDATA[Febby Magdalena Huwae]]>;
<![CDATA[Irma Halimah Hanafi]]>;
<![CDATA[Johanis Steny Franco Peilouw]]>
<![CDATA[ TATOHI: Jurnal Ilmu Hukum Vol 2, No 10 (2022): Volume 2 Nomor 10, Desember 2022 ]]>
Publisher : <![CDATA[Faculty of Law Pattimura University ]]>
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DOI: 10.47268/tatohi.v2i10.1439
<![CDATA[Introduction: Today there is one type of aircraft that is often used in war, namely the Unmanned Aerial Vehicle (UAV) or in Indonesian called the Unmanned Aircraft (PTA) which is better known as the Drone.Purposes of the Research: To find out how the regulation of Unmanned Aerial Vehicle (UAV) and how the accountability of parties using Unmanned Aerial Vehicle (UAV) in armed conflict from the use of unmanned aircraft in armed conflict. Methods of the Research: This research uses normative juridical law research, with primary and secondary legal materials as the source of the law. The problem approach used is the statute approach, the conceptual approach, and the case approach. Furthermore, it is analyzed qualitatively.Results of the Research: The result of this study is that the use of drones by the United States in Pakistan has resulted in hundreds or even thousands of civilian lives and caused unnecessary damage both materially and formally. In addition, the legality of the use of drones is also still in question because until now there has been no definite binding standard. In this study, the authors suggest that the making of rules regarding drones should be implemented immediately, this is in order to prevent violations of international humanitarian law and to protect the security of civilians so that they do not suffer or suffer losses caused by drones.]]>
<![CDATA[Pemindahan Penduduk Secara Paksa Dalam Konflik Bersenjata Di Filipina Dan Akibat Hukumnya Menurut Hukum Humaniter Internasional ]]>
<![CDATA[Dio Boy Tetelepta]]>;
<![CDATA[Arman Anwar]]>;
<![CDATA[Richard Marsilio Waas]]>
<![CDATA[ TATOHI: Jurnal Ilmu Hukum Vol 2, No 10 (2022): Volume 2 Nomor 10, Desember 2022 ]]>
Publisher : <![CDATA[Faculty of Law Pattimura University ]]>
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DOI: 10.47268/tatohi.v2i10.1438
<![CDATA[Introduction: Population transfer or displacement is the movement of a large group of people from one area to another, In armed conflict it is often a form of forced migration carried out by state policy or international authorities and most often on ethnic or religious grounds.Purposes of the Research: The purpose of this study is to determine and analyze the regulations prohibiting the forcible transfer of civilians in International Humanitarian Law. To know and analyze the legal impact of forcible transfer of civilians in International Humanitarian Law. Methods of the Research: The research method used in this research is normative juridical. This type of research is descriptive analytical. The sources and legal materials used are primary legal materials, secondary legal materials and tertiary legal materials. The technique of collecting legal materials through literature studies which are then processed and analyzed qualitatively.Results of the Research: The results show that the transfer of civilians in armed conflict to be used as hostages or for the purpose of winning the war at the expense of the civilian population as a living shield is a form of forced migration that is prohibited either by expulsion or other coercive actions from the area where they live without being given a reason permitted by international law. The word coercion here is not limited to physical coercion, but can include threats of violence or psychological pressure (8 paragraph (2) letters (a) and (b) of the Rome Statute and Geneva Convention IV on the Protection of Civilian Persons in Time of War). Forced population transfer or migration carried out by the Moro National Liberation Front (MNLF) to make civilians as hostages and shields in the non-international armed conflict in the Philippines.]]>
<![CDATA[Pengelolaan Sumber Daya Alam dan Akibat Hukum Bagi Lingkungan Hidup Perspektif Hukum Lingkungan Internasional ]]>
<![CDATA[Adjeng C M Tethool]]>;
<![CDATA[Josina Augustina Yvonne Wattimena]]>;
<![CDATA[Marthinus Kainama]]>
<![CDATA[ TATOHI: Jurnal Ilmu Hukum Vol 2, No 10 (2022): Volume 2 Nomor 10, Desember 2022 ]]>
Publisher : <![CDATA[Faculty of Law Pattimura University ]]>
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DOI: 10.47268/tatohi.v2i10.1437
<![CDATA[Introduction: Management of natural resources that is not in accordance with international problems such as air pollution. Pollution that occurs in the air environment due to forest fires that occurred in Indonesia, especially in 2019 in Riau Province, is not in line with the principles of international environmental law.Purposes of the Research: The purpose of this research is to analyze and find out about the prevention of air pollution and the legal consequences of managing natural resources that pollute the air environment based on international environmental law. 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: I The results of this study that the management of natural resources is carried out not in accordance with the principles of international law, causing air pollution which has a negative impact on the State of Indonesia and also for the State of Malaysia, Singapore. From this research, it is also not allowed to take preventive action through supervision carried out through the government of the State of Indonesia.]]>
<![CDATA[Penyalahgunaan Pembayaran Pajak Kendaraan Bermotor Pemerintah Berdasarkan Peraturan Daerah Nomor 6 Tahun 2010 ]]>
<![CDATA[Stefanus Kehi]]>;
<![CDATA[Salmon Eliazer Marthen Nirahua]]>;
<![CDATA[Heillen Martha Yosephine Tita]]>
<![CDATA[ TATOHI: Jurnal Ilmu Hukum Vol 2, No 9 (2022): Volume 2 Nomor 9, November 2022 ]]>
Publisher : <![CDATA[Faculty of Law Pattimura University ]]>
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DOI: 10.47268/tatohi.v2i9.1436
<![CDATA[Introduction: Motor vehicle tax is one type of tax that is increasing, in line with the needs of the state. In Law number 28 of 2009, concerning regional taxes and levies, it is explained that motor vehicle tax is a tax on ownership and control of motorized vehicles. The Maluku Provincial Government in responding to the authority given to manage finances issued Regional Regulation Number 6 of 2010 concerning Motor Vehicle Taxes.Purposes of the Research: This study aims to analyze, as well as review and discuss the misuse of government Motor Vehicle Tax based on regional Regulation No. 6 of 2010. Methods of the Research: The research method that is used with the type of normative research, in this writing is used to approach the problem of legislation and conceptual approach. Furthermore, the legal materials used are primary, secondary and tertiary legal materials. Procedures and collection of legal materials through the study of literature and processing of legal materials analysis, analysis is carried out using a description method using qualitative methods.Results of the Research: The results showed that the government Motor Vehicle Tax that occurs in the scope of Maluku province is the occurrence of abuse. This can be seen clearly in the case under review where one DPRD Office official did not replace the lat of the government vehicle number he bought from the local government. With the mode that by still using black motor vehicle license plates in order to pay less tax than other motor vehicles that have black license plates. Furthermore, it cannot be directly said that the taxpayer's fault, but also from the office in this case the Maluku Provincial Revenue Service which regulates government Motor Vehicle Tax.]]>
<![CDATA[Kajian Kriminologis Tingkat Kejahatan Di Jembatan Merah Putih Kota Ambon ]]>
<![CDATA[Dilva Sahara Drachman]]>;
<![CDATA[Hadibah Zachra Wadjo]]>;
<![CDATA[Lionie Lokollo]]>
<![CDATA[ TATOHI: Jurnal Ilmu Hukum Vol 2, No 9 (2022): Volume 2 Nomor 9, November 2022 ]]>
Publisher : <![CDATA[Faculty of Law Pattimura University ]]>
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DOI: 10.47268/tatohi.v2i9.1435
<![CDATA[Introduction: Crime or usually also called criminology is an act or act that violates or does not comply with the values of goodness or holiness that have been agreed upon by members of the community based on religious values or certain regulations.Purposes of the Research: To discuss what factors are the causes of crime at the Merah Putih Bridge (JMP) as well as the prevention efforts carried out by both the police and the community in preventing crime at the Red and White Bridge (JMP) Ambon City. Methods of the Research: This research method is a type of empirical juridical research, or what is commonly referred to as field research which examines the applicable legal provisions and the actions carried out by the community itself in its environment.Results of the Research: The crimes that occurred at the Merah Putih Bridge (JMP) were caused by various factors including the Merah Putih Bridge (JMP) which is the main route so that it is crossed by various kinds of vehicles, potential crowds, economic conditions, lack of attention from the local government and the absence of security posts around the Red and White Bridge (JMP). The form of prevention efforts that must be carried out by the community so that crime does not happen again at Jembatan Merah Putih (JMP) is to not go through it if there is no urgent need. And for the police, they should build security posts around the Red and White Bridge (JMP) and carry out strict guarding. So with this the police can monitor the movements of people who will commit crimes so that they can be prevented so that crime does not occur.]]>
<![CDATA[Perlindungan Konsumen Atas Peredaran Hand Sanitizer Palsu Yang Tidak Berstandar Kesehatan Di Masa Pendemi Covid-19 ]]>
<![CDATA[Tresya Klaudia Tutkey]]>;
<![CDATA[Teng Berlianty]]>;
<![CDATA[Pieter Radjawane]]>
<![CDATA[ TATOHI: Jurnal Ilmu Hukum Vol 2, No 9 (2022): Volume 2 Nomor 9, November 2022 ]]>
Publisher : <![CDATA[Faculty of Law Pattimura University ]]>
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DOI: 10.47268/tatohi.v2i9.1434
<![CDATA[Introduction: Selling health products without a permit that does not meet standards is of course our right as consumers.Purposes of the Research: To know and understand the supervision of the PERMENKES on the circulation of fake Hand Sanitizers that do not have health standards during the covid-19 pandemic. To examine the protection of consumers for the circulation of fake Hand Sanitizers that do not have health standards during the covid-19 pandemic 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 current research are that consumer protection in fulfilling needs should be obtained by every consumer for health products circulating in the market. However, as time goes by, consumers often get worrisome consequences in terms of health as a result of producers taking shortcuts in order to get as much profit as possible but not matched by the quality improvement provided to consumers. The regulation of the minister of health has a role to maintain the stability of public trust in supervising circulating products, but in reality consumers do not get attention to the circulation of fake hand sanitizers that do not have health standards.]]>
