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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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Hubungan Hukum Antara Rentenir Dan Debitur Sebagai Peminjam Menurut Kitab Undang-Undang Hukum Perdata Siti Fatima Iha; Merry Tjoanda; Marselo Valentino Geovani Pariela
TATOHI: Jurnal Ilmu Hukum Vol 2, No 9 (2022): Volume 2 Nomor 9, November 2022
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i9.1433

Abstract

Introduction: The law of treaties in Indonesia is open, namely the granting of the widest possible freedom to anyone to make agreements with the content and nature as desired, as long as they do not violate the law, public order, and morality.Purposes of the Research: The purpose of this study is to be able to find out and explain how the form of the legal relationship between debtors as borrowers and moneylenders in the Civil Code, and to be able to find out and explain how the form of problem solving if the debtor breaks his promise. Methods of the Research: The method used in this study 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.Results of the Research: Based on the results of the study, it shows that the first problem is the legal relationship between debtors as borrowers and moneylenders is a legal relationship between borrowing and borrowing money, this legal relationship is included in a two-sided legal relationship, namely a legal relationship between two parties accompanied by rights and obligations on each party, both parties each party has the authority/right to request something from the other party, on the other hand, each party is also obliged to give something to the other party. The second problem solving the problem if the debtor breaks his promise is by going through the courts, the loan shark can give a summons to the debtor first or through consensus deliberation by negotiating or negotiating between the two parties, the debtor can request an extension of the time for paying debts to the moneylender.
Tanggung Jawab Pelaku Usaha Restoran Atas Penyediaan Aksesibilitas Bagi Konsumen Penyandang Disabilitas Jihan Maisarah; Sarah Selfina Kuahaty; Theresia Louize Pesulima
TATOHI: Jurnal Ilmu Hukum Vol 2, No 9 (2022): Volume 2 Nomor 9, November 2022
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i9.1432

Abstract

Introduction: Consumers as users of restaurant services include persons with disabilities who have the right to accessibility. However, the reality is that there are still many restaurants in Ambon city which have not fulfilled their obligation to provide accessibility facilities for persons with disabilities.Purposes of the Research: This study aims to examine the accountability of business actors to consumers and consider resolving disputes between business actors and consumers with disabilities in public services. Methods of the Research: The research method used is normative juridical with a statutory approach in the sources of primary, secondary, and tertiary legal materials.  The technique of collecting legal materials is through library research and prescriptive analysis.Results of the Research: The results of this study show the conditions in order to be able to immediately form actions in supervision and guidance as regulated in Article 29 paragraph (1) and Article 30 paragraph (1) to business actors in public services such as restaurants, to ensure the rights of consumers as regulated in the Law. -Consumer protection law. Enforcement of regulations through legal sanctions so that the fulfillment of consumer rights is truly fulfilled. According to the Consumer Protection Act, it can be in the form of a refund, or by providing compensation in accordance with the provisions of the applicable laws and regulations.
Peranan Kepala Persekutuan Hukum Adat Sebagai Mediator Di Negeri Hutumuri Dalam Penyelesaian Sengketa Jual Beli Tanah Dati Elfransdo Saimima Putra; Jenny Kristiana Matuankotta; Barzah Latupono
TATOHI: Jurnal Ilmu Hukum Vol 2, No 9 (2022): Volume 2 Nomor 9, November 2022
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i9.1431

Abstract

Introduction: The role of the head of the customary law union as a mediator is to help both parties to the dispute with a family approach.Purposes of the Research: This study aims to identify and explain the role of the Head of the Customary Law Alliance as a mediator in Hutumuri Country in resolving disputes over the sale and purchase of Tanah Dati. Methods of the Research: The research method used is the type of empirical research. The data used in this paper include primary data and secondary data. Techniques Data collection is done by means of field studies and literature studies. Analysis of the materials used in writing this thesis is to use the method of qualitative material analysis.Results of the Research: The results of the study indicate that all problems or disputes related to Dati's land will be resolved at the State Office by the Head of the Customary Law Alliance as a mediator, whose role is to assist the disputing parties by identifying the disputed issues, balancing options, and considering alternatives that can be offered to them. The parties to reach an agreement and only have the authority to provide advice or determine the mediation process in seeking dispute resolution.
Tinjauan Yuridis Pelanggaran Cyber Attack Dalam Perang Modern Berdasarkan Hukum Humaniter Internasional Stenly Pattiruhu; Johanis Steny Franco Peilouw; Wilshen Leatemia
TATOHI: Jurnal Ilmu Hukum Vol 2, No 9 (2022): Volume 2 Nomor 9, November 2022
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i9.1430

Abstract

Introduction: Violations in the form of cyber attacks are carried out by countries that have strong cyber space infrastructure against other countries that have weaknesses in their cyber defense systems.Purposes of the Research: The purpose of this paper is to find out and understand the position of cyber attacks in international humanitarian law and to know and understand the state's responsibility for the use of cyber attacks. Methods of the Research: This type of research is normative juridical where the research is carried out by collecting primary, secondary and tertiary data obtained using library research. The data that has been collected is analyzed qualitatively, the description of which is arranged systematically based on legal disciplines to achieve clarity on the issues to be discussed.Results of the Research: The results of this study indicate that the position of cyber attacks in international humanitarian law is the same as conventional wars based on a cyber attack approach as a war domain as well as attacks in cyber attacks. Cyber attacks also violate the principles of humanitarian law, namely the Principle of Discrimination, the Principle of Proportionality and Uncessary Suffering. Furthermore, with regard to the state having an obligation to be responsible for violations of the principles of International Humanitarian Law caused by cyber attacks carried out by a person or group, it is proven to have a close relationship with the state in accordance with international customs regarding state responsibilities and is also obliged in the responsibilities contained in the law. United Nations Charter. Forms of liability can be in the form of cessation of attacks and reparations. The reparations themselves can be carried out by means of restitution, compensation and giving satisfaction to the victim country.
Perlindungan Hukum Terhadap Member Dalam Sistem Bisnis Multi Level Marketing Rasni Rusli; Teng Berlianty; Marselo Valentino Geovani Pariela
TATOHI: Jurnal Ilmu Hukum Vol 2, No 10 (2022): Volume 2 Nomor 10, Desember 2022
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i10.1441

Abstract

Introduction: Multi Level Marketing or MLM is a direct or tiered marketing concept as formulated.Purposes of the Research: This study aims to determine and explain government supervision of MLM companies in Indonesia. Methods of the Research: This research is a normative legal research, using a law approach and a conceptual approach. Legal research materials include primary, secondary, tertiary data sources. Data collection techniques in the form of literature study. Techniques for analyzing data on legal materials that were collected and compiled systematically and then reviewed and analyzed qualitatively.Results of the Research: Company PT Amoeba Internasional have run company with binary system but in binary system the use pyramid scheme system by recruiting memers to join this scheme and as the number of people recruited increases, recruitment can no longer be done and most of the members can’t make a profit so in a pyramid scheme it only kills people who are above them and causes losses to members whojust joined or members who are below. As an effort to create protection for members in the MLM business system as well as create supervision and ethics in running a company with an MLM system, it has been regulated in the Regulation of the Minister of Trade of the Republik of Indonesia Number 70 of 2019 regarding the Direct Distribution of Goods and Supported by law Number 7 of 2014 concerning trade.
Dampak Ratifikasi Indonesia Terhadap International Convention for the Suppression of Terrorist Bombings 1997 Golda C L Ingratubun; Lucia Charlota Octovina Tahamata; Dyah Ridhul Airin Daties
TATOHI: Jurnal Ilmu Hukum Vol 2, No 9 (2022): Volume 2 Nomor 9, November 2022
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i9.1428

Abstract

Introduction: Terrorism as a type of Activities of Transnational/Criminal Organizations is a feared crime because it threatens the sovereignty of the state, society and individuals, disrupts national stability and pollutes democratic values.Purposes of the Research: To study and find out what things are regulated in the 1997 International Convention for the Suppression of Terrorist Bombings and the impact of Indonesia ratifying the 1997 International Convention for the Suppression of Terrorist Bombings. Methods of the Research: This study uses a normative juridical type which conducts research on the rules, norms and legal principles based on laws and regulations relating to the problem under study.Results of the Research: The results of this study explain the matters regulated in the 1997 International Convention for the Suppression of Terrorist Bombings, namely the efforts deemed necessary by the state party in tackling terrorism crimes within the scope of its country. It also regulates mutual legal assistance cooperation efforts, where countries that build cooperative relations can exchange information about the movement of terrorists considering that terrorism is a trans-national crime so that its handling can be more effective. The jurisdiction referred to in this convention is the regulation concerning the authority to enforce national law in the territory of a party based on the laws and regulations of that country. Extradition referred to in this convention is a regulation regarding the process of surrendering a person who is suspected or convicted to a country requesting surrender because he has committed a crime outside the territory of the surrendering country.
Penguasaan Wilayah Dengan Cara Konflik Bersenjata, Perspektif Hukum Internasional Ritsky Mendo Lisapasly; Josina Augustina Yvonne Wattimena; Richard Marsilio Waas
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.v2i8.1427

Abstract

Introduction: This study discusses the case of territorial control by means of armed conflict.Purposes of the Research: to Analyze and Know About How To Acquire Territory Under International Law and To Analyze And Know About Territorial Control By Way Of Armed Conflict According To International Law. Methods of the Research: This research is a normative research. The approach used is a statutory approach. The legal sources used are primary legal materials, secondary legal materials and tertiary legal materials. Done by analyzing data qualitatively that is descriptive.Results of the Research: The results of this study indicate that there is territorial control by means of armed conflict, from the perspective of international law (Taliban Case in Afghanistan).
Fungsi World Food Programme (WFP) Dalam Penanganan Krisis Pangan Di Negara Berkonflik Nur Afifa S Rumbia; Efie Baadila; Veriana Josepha Batseba Rehatta
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.v2i8.1426

Abstract

Introduction: The World Food Program or abbreviated as WFP is a special organization of the United Nations in collaboration with the Food Agriculture Organization which aims to deal with food crises, hunger, emergencies quickly in the provision of food in developing countries experiencing food crises. Purposes of the Research: Aims to know the function of WFP in the organizational structure of the United Nations, and to know WFP's responsibilities in handling food crises in conflict countries.Methods of the Research: The research method used in writing this thesis is normative legal research or library research, namely, legal research conducted by examining primary and secondary legal materials.Results of the Research: The results show that in carrying out humanitarian programs by WFP, it does not always run smoothly, there are also obstacles and challenges that must be faced by WFP in carrying out their duties and functions in the form of political instability in a country, limited access to areas, where it is difficult to access roads to the locations to be visited. assistance, and very limited funding. WFP's main programs in overcoming the food crisis in Afghanistan are School Meals, Take Home rations, Food for Training, and Food for Work.
Dampak Penetapan Kelompok Bersenjata Sebagai Teroris Oleh Negara Lain Dalam Tinjauan Hukum Internasional Grenaldo Milando Saleky; Lucia Charlota Octovina Tahamata; Wilshen Leatemia
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.v2i8.1425

Abstract

Introduction: Terrorism is an international crime that poses a danger to security, world peace and harms the welfare of the community, it needs to be eradicated in a planned and sustainable manner so that the human rights of the people can be protected and upheld.Purposes of the Research: This writing aims to study and discuss an armed group that can be designated as a terrorist in terms of international law and to examine and discuss the impact of the designation of an armed group as a terrorist by another country in terms of 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 this research are, An Armed Group can be designated as a Terrorist in terms of International Law are: The designation of an Armed Group as a terrorist is not specifically regulated in International Law. But in this case it is related to the designation of Hamas as a terrorist by several existing countries, based on the provisions of the conventions on the protection of children's rights in the Israeli and Palestinian conflicts in the 1989 Convention on the Rights of the Child (CRC), Resolution 44/25 (Convention on the Rights of the Child) Article 39 and the protections for civilians regulated in the International Military Tribunal Tokyo 1950 Principle VI are violated by the group. The impact of the designation of armed groups as terrorists by other countries in terms of international law is: Giving negative stigmatization and increasingly prolonged discrimination to the Hamas group as freedom fighters in the country where Hamas is located.
Tanggung Jawab Negara Terhadap Pelanggaran Kemanusiaan Suku Aborigin Sebagai Indigenous People Dahalia Fatima Toekan; Johanis Steny Franco Peilouw; Dyah Ridhul Airin Daties
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.v2i8.1424

Abstract

Introduction: Aboriginal people are indigenous and constitute a minority population in Australia and are known as Indigenous Peoples.When the white people arrived in Australia, they took over the land rights of the aboriginals.Purposes of the Research: To find out how international law in providing protection for aboriginal tribes who are indigenous people and knowing and understanding the form of the Australian state's responsibility for humanitarian violations for aboriginal tribes as indigenous people. Methods of the Research: This research isnormative juridical law research, with primary and secondary legal materials as legal sources. Furthermore, it was analyzed qualitatively.Results of the Research: The results of this study indicate thatprotection for aboriginal tribes as Indigenous Peoples is regulated in the International Labor Organization (ILO) Convention No. 169 of 1989, the United Nations Declaration of Rights on the Indigenous Peoples (UNDRIP) Convention in 1984 and the Indigenous Peoples Rights Act (IPRA) Convention in 1997.As a form of responsibility, Australia has signed various international treaties and conventions on human rights and as a form of state responsibility for violations of humanity of aboriginal tribes as aIndigenous Peoplesby formingThe Council for Aboriginal Reconciliationin 1992 and then apologized nationwide in February 2008

Page 20 of 48 | Total Record : 476

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