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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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Penerapan Sanksi Pidana Bagi Pelaku Tindak Pidana Penggelapan Uang Cash On Delivery dalam Putusan Pengadilan Nomor: 139/Pid.B/2020/PN.Amb Devi Neng Hartanti; Juanrico Alfaromona Sumarezs Titahelu; Iqbal Taufik
TATOHI: Jurnal Ilmu Hukum Vol. 1 No. 2 (2021): Volume 1 Nomor 2, April 2021
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v1i2.553

Abstract

Introduction: The criminal act of embezzlement by weight, namely where the perpetrator of the wrongdoing or the act is very diverse. Not only taking money and making false reports, but the perpetrators also have a burden of responsibility in the form of special elements that are burdensome and also family. This article analyzes the application of criminal law against the perpetrators of embezzlement of cash on delivery (COD) in court decision number 139/Pid.B/2020/PN.Amb.Purposes of the Research: This writing aims to analyze and discuss the legal considerations of the judge in making a verdict on the criminal act of embezzling Cash On Delivery (COD).Methods of the Research: The research method in this writing uses a normative juridical research type because the focus of the study departs from the analysis of the judge's decision, using the following approaches: statute approach and case approach. Legal material collection techniques use library research techniques, as well as legal material analysis techniques in this study using qualitative analysis techniques.Results of the Research: Based on the results of the research, it was found that the application of criminal law against the criminal act of embezzlement of cash on delivery (COD) in decision Number 139/Pid.B /2020/PN.Amb that the article charged by the public prosecutor against the defendant was Article 374 of the ciminal code. it has been proven that all the elements contained in the article have been fulfilled, the verdict handed down by the judge, namely imprisonment for 2 (two) years and 7 (seven) months, is lower than the criminal threat in the demands of the public prosecutor, namely 4 (four) 6 (six) months and Article 374 of the ciminal code, namely the maximum imprisonment of 5 (five) years. The legal basis for the judge's consideration in making a decision on the crime of embezzlement of cash on delivery (COD) in decision number 139/Pid.B/ 2020/PN.Amb is juridical and non-juridical considerations
Tanggungjawab Negara Bendera Kapal Terhadap Perbudakan ABK Indonesia Ahriani Ahriani; Josina Augustina Yvonne Wattimena; Arman Anwar
TATOHI: Jurnal Ilmu Hukum Vol. 1 No. 2 (2021): Volume 1 Nomor 2, April 2021
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v1i2.548

Abstract

Introduction: Until now, there are still many cases of crew members who receive inhuman treatment and even include slavery, apart from receiving inhuman treatment, the crew members also do not get a salary in accordance with the work agreement. Slavery is a gross human rights violation because it undermines human dignity. Based on the facts of migrant workers, especially Indonesian crew members, it shows that the treatment received by Indonesian crew members is not in accordance with the provisions of international conventions and Indonesian national regulations.Purposes of the Research: This paper aims to find out how international law regulates the prohibition of slavery on ships and the responsibility of the flag state of ships in cases of Indonesian crew slavery.Methods of the Research: The method used in this research is the type of normative juridical research method, the type of descriptive analytical research, the source of legal materials, namely primary legal materials, secondary legal materials and tertiary legal materials. Legal Material Analysis and Legal Material Analysis Methods.Results of the Research: The results obtained are that basically international law has regulated and provided legal protection for ABK. International legal arrangements regarding the prohibition of slavery on board are contained in the international legal instruments CAT (Convention against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment), CERD (International Convention on the Elimination of All Forms of Racial Discrimination), UDHR (Universal Declaration of Human Rights), and ILO (International Labor Organization). The responsibility of the flag state of the ship in the case of Indonesian crew slavery. that any problem arising from a ship with the flag of its State, the country concerned is obliged to effectively exercise its jurisdiction and control, investigate and carry out inspection of the vessel concerned In the case of slavery for Indonesian crew members, which involves the State of Indonesia and China, the two countries must cooperate in examining the case, in this case the slavery case that occurred against Indonesian crew members.
Pengaturan Hukum Internasional Untuk Tenaga Kerja Anak Ilegal Latukaisupy, Norma Rizqitha; Anwar, Arman; Daties, Dyah Ridhul Airin
TATOHI: Jurnal Ilmu Hukum Vol. 1 No. 1 (2021): Volume 1 Nomor 1, Maret 2021
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v1i1.492

Abstract

Introductioan: The purpose of this study is to explain the problem of child labor in general that requires deeper attention, with the consideration that employing a child who is still below the minimum human limit for work can be interpreted as a form of human rights violation.Purposes of the Research: Know and analyze the regulations regarding international law for illegal child labor.Methods of the Research: This study uses a normative juridical method with legal materials used in the study are primary, secondary and tertiary with the use of literature study techniques in the form of international legal regulations, scientific papers and literature.Results of the Research: The results showed that child labor was found in exploited conditions, worked more than the time stated in the regulations and received wages far below the UMK. Child laborers also have not received protection in terms of legal aspects that has been ratificated by the national law. The existing legal protection system for child labor has not been implemented in real terms and the Convention on the Rights of the Child and the ILO Conventions as some of the protection systems for child labor cannot be fully implemented because there are still violations of the right for children.
Penerapan Pasal 59 Undang-Undang Nomor 35 Tahun 2014 Terhadap Anak sebagai Korban Perlakuan Salah dan Penelantaran Pricilia Uty Vianty Loppies; Elsa Rina Maya Toule; Carolina Tuhumury
TATOHI: Jurnal Ilmu Hukum Vol. 1 No. 2 (2021): Volume 1 Nomor 2, April 2021
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v1i2.554

Abstract

Introduction: Children are entrusted by God who must be guarded, cared for, and also loved because children are a mandate as well as a gift from God that is one and only one that we must always protect because they are inherent in their dignity and human rights that must be upheld. The law has regulated special protection for children who are victims of abuse and neglect but it has not been effective yet because it has not had a deterrent effect on parents.Purposes of the Research: This study aims to examine and explain the form of law enforcement against child victims of abuse and neglect.Methods of the Research: The research method in this writing uses empirical research, with a descriptive analytical approach, the problem approach used is library research and field studies. The sources of legal materials used are primary legal materials and secondary legal materials. Data collection techniques through unstructured interviews and literature study were then analyzed.Results of the Research: The results showed that the mistreatment and abandonment of children is due to lack of economic factors, attention and awareness of parents so as to make the child dare to sell newspapers, menmen, and pick up scrap metal. Not only that the role of law enforcement officials has not been effective to handle the case so there has been no deterrent effect for parents and children.
Pengaturan Pengunduran Diri Anggota Negara ASEAN Andi Jailani Sanduan; Efie Baadilla; Dyah Ridhul Airin Daties
TATOHI: Jurnal Ilmu Hukum Vol. 1 No. 2 (2021): Volume 1 Nomor 2, April 2021
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v1i2.549

Abstract

Introduction: ASEAN in general is one of the international organizations in the Southeast Asian region whose initial goal was to form a peace zone in the Southeast Asian region.Purposes of the Research: Analyze and discuss arrangements regarding the resignation of member countries from ASEAN membership.Methods of the Research: The research method used in this research is normative law which is sourced from primary, secondary, tertiary legal materials, which data collection is carried out through literature studies.Results of the Research: Based on the results of this study, it is revealed that the resignation of ASEAN member countries cannot be carried out. It is clear that the Vienna Convention on the Law of Treaties 1969 stipulates that if there is no regulation regarding withdrawal from an international treaty, then the resignation cannot be carried out. However, if a country is difficult to withdraw from ASEAN or other international organizations, it can be said that the member country concerned continues to violate its obligations as a member. Therefore, it would be better to put forward the principles of the ASEAN Way as a norm for peaceful dispute resolution and emphasize deliberation and consensus
Partisipasi Masyarakat Dalam Pembentukan Undang-Undang Tuhumena, Callychya Juanitha Raisha; Pietersz, Jemmy Jefry; Sedubun, Victor Juzuf
TATOHI: Jurnal Ilmu Hukum Vol. 1 No. 3 (2021): Volume 1 Nomor 3, Mei 2021
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v1i3.575

Abstract

Introduction: Community participation is a stage that engages the community in participating in the process of forming laws and regulations. Purposes of the Research: The purpose of this writing is to determine the consequences of the formation of laws that do not involve public participation.Methods of the Research: The research method used is normative legal research. With the approach used, namely the statute approach, and the conceptual approach.Results of the Research: The results of this study indicate that community participation is a stage that provides opportunities for the community, in reports, invitations in accordance with the provisions of the law. Community participation implies that community participation contains legal norms that are imperative. How successful is the community's successful procedure that must be carried out in the ordering of statutory regulations.
Upaya Hukum Filipina untuk Mendapatkan Hak Berdaulat atas Kepulauan Kalayaan (Kepulauan Spartly) Olivia Lebrina Inuhan; Lucia Charlota Octovina Tahamata; Dyah Ridhul Airin Daties
TATOHI: Jurnal Ilmu Hukum Vol. 1 No. 3 (2021): Volume 1 Nomor 3, Mei 2021
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v1i3.570

Abstract

Introduction: The Spratly Archipelago are one of the archipelago located in the South China Sea and have relatively many natural potentials so that these islands are claimed by several countries, one of which is the Philippines. The Philippines claims several islands and considers that the Philippines has legality of sovereign rights in the Philippine Exclusive Economic Zone, and names the claimed islands as the Kalayaan islands, but the claims made by the Philippines are challenged by several countries, one of which is China. Therefore, this paper will further examine Philippine legal efforts to gain sovereign righs over the Kalayaan acrhipelago (Spratly Archipelago).Purposes of the Research: The purpose of this writing is, the legality of the Philippine sovereign rights in the Kalayaan Archipelago (Spartly Archipelago) according to UNCLOS 1982.Methods of the Research: Research methods are used with namely normative research types, statutory approaches and case approaches, primary legal materials and secondary and material collection procedures using library research and documentary studies.Results of the Research: From the results of the research, the problem shows that the legality of the Philippines, which is a coastal state, has sovereign rights over the EEZ in its territory. The claim made by the Philippines in the Spratly Islands against Kalayaan can be said to be legal because it has a fairly strong juridical and factual basis, seen when the Arbitase Court in The Hague won the Philippine lawsuit over the case of the Spratly Islands which has been claimed as its territory. The judge emphasized that China does not have an Exclusive Economic Zone in the Spratly Islands, which has been in dispute with the Philippines. Each coastal State is obliged to respect each other's sovereign rights in the EEZ of each country. The Philippines must take a new way to gain legal force on the sovereign rights of the Philippine EEZ, one of which is to submit a request to the International Court of Justice to cooperate and make a joint agreement with the disputing countries so that the legality of the Philippines' sovereign rights is recognized.
Keabsahan Keputusan Penjabat Sementara Bupati Seram Bagian Timur Tentang Pengangkatan Dan Pemberhentian 5 (Lima) Karateker Diva Agustina Rahmawati; Hendrik Salmon; Dezonda Rosiana Pattipawae
TATOHI: Jurnal Ilmu Hukum Vol. 1 No. 3 (2021): Volume 1 Nomor 3, Mei 2021
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v1i3.576

Abstract

Introduction: The validity of the decision and due to the legal procedures motivated by Law Number 30 of 2014 concerning Government Administration. This Regulation regulates the legal requirements of the decision that contains elements of authorized officials, procedures and substances that are in accordance with the object of the decision.Purposes of the Research: To find out and analyze the legitimate or or not the decision issued by the Acting Temporary Regent of the Eastern Seram Regent for the cancellation of a decision letter signed by the definitive regent.Methods of the Research: This research method is normative legal research, the problem approach in this study is a conceptual legislation and approach approach, the source of the legal material used in this study is the source of primary legal material and the source of secondary legal materials, legal materials that have been collected by grouped ways.Results of the Research: The results of this study are decisions issued by the Acting Regent of the Eastern Seram Regent not fulfilling the legal requirements of a decision of the elements of the authority, procedures and substance so that the decision has the potential to be canceled or canceled with the result of the decision issued.
Hak Atas Tanah Dan Bangunan Berdasarkan Pelepasan Hak (Studi Kasus Putusan MA Nomor 2523 K/Pdt/2015) Gabriella Patricia Trinita Tomasoa; Merry Tjoanda; Jenny Kristiana Matuankotta
TATOHI: Jurnal Ilmu Hukum Vol. 1 No. 3 (2021): Volume 1 Nomor 3, Mei 2021
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v1i3.571

Abstract

Introduction: In obtaining land rights, it can be obtained through transfer of rights as regulated in the Agrarian Law (UUPA). One of the ways to transfer of rights is by transferred rights, which means that the transfer of the right of ownership from the owner to another party is due to a legal act. However, in committing a legal act, the party who transfers the property rights is carried out on the basis of bad faith, in which the first party turns out to be committing a legal act on the land object which is not the right of ownership of the first party to the second party and also to the third party over the same land object that cause a dispute because of the act against the law made by the first party.Purposes of the Research: The purpose of this paper is to determine the procedure for acquiring rights to land and buildings based on the relinquishment of rights and legality of ownership of land based on the relinquishment of rights.Methods of the Research: The research method used is normative research with analytical descriptive type through a conceptual approach, a statutory approach, and case studies. The method of collecting legal materials used is library research.Results of the Research: Based on the results of the research: first, the procedure for obtaining rights to land and buildings, the rights are transferred or released due to a legal act. Acquisition of rights is carried out based on applicable legal procedures or provisions. Second, in transferring rights, only entitled persons can take legal actions to avoid cause of disputes and losses of other parties.
Perlindungan Hukum Terhadap Pekerja Di Masa Pandemi Covid-19 Hatane, Karina; Alfons, Saartje Sarah; Matitaputty, Merlien Irene
TATOHI: Jurnal Ilmu Hukum Vol. 1 No. 3 (2021): Volume 1 Nomor 3, Mei 2021
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v1i3.577

Abstract

Introduction: Legal protection of workers in working relationships is needed, considering the position of workers socially-economically very weak especially during the pandemic covid 19. Many companies suffer losses due to restrictions on community activities that affect the company’s income, so workers and affects the normative rights of workers.Purposes of the Research: This paper ains to know the form of legal protection for workers who are laid off and know the implementation of legal protections against workers during the covid-19 pandemic.Methods of the Research: This method of research in writing uses a type of normative juridical research that examines positive legal provisions, legal principles, and legal doctrines, using approaches: statute approach and conceptual approach. The technique of collecting legal materials through literature studies and legal material analysis techniques in this study uses qualitative analysis techniques.Results of the Research: Based on the results of the study, obtained the results that the form of legal protections against workers who were laid off during the covid 19 pandemic includes 2 (two) forms of legal protection both from employers in the form of fulfillment of workers rights that have been contained in the legislation in the form of compensation and work experience latters while from the government, the issuance of legal products and worker protection programs. Implementation of such protections is applied in accordance with the regulations and circulars issued to workers during the covid 19 pandemic related to the rights fulfilled by mutual agreement although  in the context there are also workers rights that are not fully fullfiled in accordance with the provisions of the legislation until the issuance of the pre-employment card program, cash-intensive programs and social safety nets.

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