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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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Kajian Terhadap Pembagian Harta Warisan Tanah Dati Ditinjau Dari Hukum Islam Dan Hukum Adat Siti Rizkiyani Salsabila Palembang; Adonia Ivone Laturette; Barzah Latupono
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.v2i8.1423

Abstract

Introduction: Land has a very important position in customary law communities.Purposes of the Research: The purpose of this study is to find out and explain the distribution of inheritance on land based on Islamic law and customary law. Methods of the Research: The method used in this study is a normative juridical method with a statutory approach, a conceptual approach and a case 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 based on the provisions in Islamic inheritance law, all legal heirs have the right to inherit according to their respective portions or calculations so that regarding the distribution of inheritance land from dati is not prohibited and can be divided among legitimate heirs. However, it is different from customary law. It is clearly specified in the customary law inheritance system that the name of the land is communal so that it cannot be divided or divided. Therefore, the judge in the decision number of the Supreme Court Decision Number 2290 K/PDT/2003 which strengthened the previous decisions which basically stated that the distribution of the inheritance of dati land to the existing heirs, according to the author, if it is based on the Islamic inheritance law system, it is permissible. However, if it refers to the provisions of the customary inheritance law system, it is not allowed to divide the inheritance of the land to each heir.
Tanggung Jawab Pemerintah Terhadap Revitalisasi Trotoar Di Kota Ambon Irfan Prawira Idris; Merry Tjoanda; Theresia Louize Pesulima
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.v2i8.1422

Abstract

Introduction: Sidewalks function as road facilities that can support various community activities as pedestrians walk on the highway. Law Number 22 of 2009 concerning Road Traffic and Transportation has clearly accommodated the provision of protection for the rights of pedestrians in Indonesia in which every Indonesian society as pedestrians has the right to the availability of the sidewalk. Article 3 of the UUPK states that one of the objectives of consumer protection is to create an element of legal protection that contains legal certainty for consumer rights, including the right to use safe and comfortable sidewalk facilities. above, often in several areas in Indonesia many pedestrians complain about sidewalk facilities that are not functioning properly. The sense of security and comfort that pedestrians get, is inversely proportional. One of them is the revitalization of sidewalks in the city of Ambon, which turned out to be slippery and caused losses for road users.Purposes of the Research: The purpose of this study is to identify and explain the government's responsibility for increasing user fees in Ambon City. Methods 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 materials were analyzed qualitatively in order to answer the problems studied.Results of the Research: Based on the results of the study, it shows that the Government in this case the Department of Public Works and Spatial Planning of the Maluku Province is also responsible for the losses experienced by the community as pedestrians as a result of revitalizing the slippery pavement and does not provide a sense of security, comfort and maintain pedestrian safety. Therefore, pedestrians who suffer losses due to the slippery pavement can take legal action to demand compensation from the government, both litigation and non-litigation.
Kajian Yuridis Terhadap Transaksi Jual Beli Online Dengan Menggunakan Fitur Paylater Hijriyanti Hijriyanti; Teng Berlianty; Sarah Selfina Kuahaty
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.v2i8.1421

Abstract

Introduction: Shopee Paylater is a payment method which means users or consumers will get loans instantly. Each agreement of the parties has an obligation to fulfill achievements to other parties, in practice some of the Consumers do not carry out their obligations properly and correctly, some of the Consumers are not in good faith when carrying out product or service transactions, there are also buyers who do not pay in accordance with the agreed maturity date, therefore the Consumer is deemed to have defaulted.Purposes of the Research: Analyze and review the dispute resolution process if the consumer defaults on the Shopee Paylate payment method. Methods of the Research: : This research is included in normative legal research, namely research examining various positive legal provisions, various legal principles, legal principles and doctrines to answer legal issues faced by.Results of the Research: The results of the study show that the The procedure for carrying out online buying and selling transactions through Shopee using the Paylater feature can be done with the payment method in cash or installments. Furthermore, the process of resolving consumer disputes who default on paylater on the shopee marketplace is by paying a fine of 5% of the total bill and will continue to increase if it is not paid, consumers cannot checkout through shopee and the existing shopee paylater limit will be reduced because of this. the. does not carry out dispute resolution methods through litigation or non-litigation, the Shopee Paylater organizer only takes steps to resolve the dispute internally and provides administrative sanctions for defaulters on the Shopee Paylater usage agreement.
Kekuatan Hukum Register Dati Sebagai Alat Bukti Terhadap Penguasaan Dan Pemilikan Hak Atas Tanah Fatihatul Mujahid Rafsanjani Pontoh; Jenny Kristiana Matuankotta; Novyta Uktolseja
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.v2i8.1420

Abstract

Introduction: Customary law communities recognize customary land as ulayat land. Purposes of the Research: The purpose of this study is to find out and explain the legal power of the data register as evidence against the control and ownership of land rights.Methods of the Research: The method used in this study is a normative juridical method with a statutory approach, a conceptual approach and a case 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 position of the dati register is as evidence of legal ownership of land rights for the dati community belonging to the customary law community. The dati register provides and guarantees a legal certainty for customary law community groups over dati land. Because it has a position that can be equated with legal evidence of rights to land rights, then dati has binding legal force on the control and ownership of rights to land rights. Therefore, in the settlement of a case related to the land of the dati, the judge may refer to or make the register of the dati as evidence of ownership of the rights to the land of the dati.
Perlindungan Hukum Terhadap Pelaku Tindak Pidana Yang Menjadi Korban Penganiayaan Massa Frits Jesaldi Leunupun; Sherly Adam; Iqbal Taufik
TATOHI: Jurnal Ilmu Hukum Vol 2, No 11 (2023): Volume 2 Nomor 11, Januari 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i11.1452

Abstract

Introduction: Indonesia as a state of law is obliged to provide legal protection for citizens who get acts of violence or persecution both as perpetrators and as victims of criminal acts.Purposes of the Research: This study aims to analyze and discuss legal protection arrangements for criminals who are victims of mass persecution in criminal law in Indonesia and analyze and discuss forms of legal protection for criminals who are victims of mass persecution. Methods of the Research: The research method used is normative juridical research. The problem approach used is the statutory approach, the conceptual analysis approach and the case approach. The legal materials used are primary and secondary legal materials. The collection technique uses a literature study as well as processing techniques and analysis of legal materials through description using qualitative methods.Results of the Research: The results of the study indicate that the regulation of legal protection for perpetrators of criminal acts who are victims of mass has not been clearly regulated because the legal protection arrangements in the legislation for victims to become perpetrators of criminal acts are still separate, where the arrangements for victims and perpetrators are still separate. criminal acts are regulated respectively in the laws and regulations of criminal law in Indonesia and forms of legal protection for perpetrators of criminal acts who are victims of mass persecution include medical services and restitution, medical services are provided to victims of crime by undergoing treatment in hospitals and restitution namely the provision of compensation given by the defendant/perpetrator to the victim of a crime because even though it is the perpetrator of a crime who later becomes a victim, protection can be given as a manifestation of the protection of human rights.
Keabsahan Pengelolaan Destinasi Pariwisata Kota Tual Ditinjau Dari Undang-Undang Nomor 10 Tahun 2009 Tentang Kepariwisataan Nurul Fatiha Renuat; Julista Mustamu; Merlien Irene Matitaputty
TATOHI: Jurnal Ilmu Hukum Vol 2, No 12 (2023): Volume 2 Nomor 12, Februari 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i12.1462

Abstract

Introduction: Tual City as an autonomous region that has regional tourism potential currently cannot be managed optimally by the regional government and regional apparatus in this case the tourism office.Purposes of the Research: The purpose of this study is to find out and analyze tourism destination managers who are carried out without being based on the Master Design for Tourism Development and to find out and analyze the legal consequences of managing tourism destinations without being based on the Master Design for Tourism Development. Methods of the Research: This research is a normative research that refers to the legislation and legal materials related to the substance of the research, then linked to the main problems in this research. The approach taken in this research is a statutory approach and a conceptual approach.Results of the Research: The results of the research are that the first management of tourism destinations cannot be carried out without being based on the Master Design for Tourism Development because it is not based on the Regional Tourism Development Master Plan (RIPPARDA) as a special regulation governing tourism and the second result is that the main legal consequence is that no budget is disbursed. to the local government and related devices because the requirement for a regional budget is the existence of the Regional Tourism Development Master Plan (RIPPARDA) so that tourism management in Tual City automatically becomes hampered and cannot run optimally.
Manfaat Pemidanaan Dalam Penanggulangan Tindak Pidana Narkotika Milton Lilipory; John Dirk Pasalbessy; Yanti Amelia Lewerissa
TATOHI: Jurnal Ilmu Hukum Vol 2, No 12 (2023): Volume 2 Nomor 12, Februari 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i12.1461

Abstract

Introduction: The criminalization of narcotics offenders is often subject to heavy penalties, but for potential perpetrators there is no deterrent effect, even recidivist or repeat offenders never feel deterred. Therefore, it is necessary to find alternative solutions to narcotics abuse more effectively so that it can have a deterrent effect on both the perpetrators and potential perpetrators.Purposes of the Research: The purpose of this study is to analyze and explain the meaning and purpose of imposing criminal sanctions against narcotics abuse, so that the perpetrators or potential perpetrators become deterrent, as well as to discuss the purpose of imposing heavy penalties for perpetrators of drug abuse in terms of the theories of the purpose of punishment that have been adopted in the development of criminal law. Methods of the Research: The method used in this study is a normative juridical method with a statutory approach, a conceptual approach and a case approach. The legal materials used are library law materials. Thus, the legal materials studied and analyzed in normative legal research consist of primary legal materials, such as legislation, secondary legal materials in the form of legal literature, consisting of books, scientific journals, legal documents and so on, as well as legal materials. tertiary in the form of legal dictionaries, encyclopedias and so on.Results of the Research: Based on the results of the study, it is shown that the imposition of serious crimes against narcotics traffickers is not always able to solve the problem of lawbreakers, both seen from the theories of classical criminal law, modern criminal law and new classical criminal law. This is reasonable because the prevention of crime lies not only in the model or duration of the punishment given and served later, but on the criminal system adopted in a country that it adheres to. The problem of whether or not a person is deterred is not determined by how much sanctions are given, because the provision of sanctions and whether or not a person is deterred depends on the attitude of people and society towards the crime he feels.
Perlindungan Hukum Terhadap Anak Korban Kekerasan yang dilakukan oleh Orang Tua Wali Jeheskel Retraubun; Sherly Adam; Carolina Tuhumury
TATOHI: Jurnal Ilmu Hukum Vol 2, No 12 (2023): Volume 2 Nomor 12, Februari 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i12.1460

Abstract

Introduction: A child is vulnerable to being a victim of abuse. The perpetrator could be the closest person, it is even possible that the child's parents themselves.Purposes of the Research: The purpose of this paper is to analyze and discuss the regulation of the rights of children victims of violence in the care of their parents guardians in the law as well as to analyze and discuss forms of special protection for children victims of violence by their parents. Methods of the Research: The type of research used is a normative legal research type (juridical normative), the problem approach used in this paper is a statutory approach (statute approach), concept analysis approach (analytical approach) and case approach (case approach). The materials used are primary legal materials and secondary legal materials. The collection of legal materials carried out in this study was carried out through library research, then analyzed using qualitative methods.Results of the Research: The regulation of legal protection for children victims of violence in the care of parents guardians in the law where the law of protection of children victims of violence committed. Forms of legal protection for children who are victims of violence carried out by parents and guardians provided by the government are coaching, mentoring, and social, health, physical and mental recovery. Then the form of special protection provided by the community and parents is to provide facilities and infrastructure, create a conducive atmosphere for children's growth and development, and nurture, nurture, educate and protect children.
Proses Persidangan Perkara Perdata Berdasarkan Peraturan Mahkamah Agung (PERMA) Nomor 1 Tahun 2019 Tentang Administrasi Perkara dan Persidangan di Pengadilan Secara Elektronik Virgie Diva Syahran; Ronald Saija; Sabri Fataruba
TATOHI: Jurnal Ilmu Hukum Vol 2, No 12 (2023): Volume 2 Nomor 12, Februari 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i12.1459

Abstract

Introduction: The e-Court system was created as a form of service for the community, especially justice seekers in terms of accommodating the online case settlement process.Purposes of the Research: To find out how the procedures for implementing e-Court are in accordance with applicable rules and whether or not there are obstacles in the implementation of this system, especially in the Ambon District Court. Methods of the Research: This research is a normative legal research supported by empirical data in the form of facts needed in the field, with a descriptive analytical research type, as well as legal materials which include primary legal materials, secondary legal materials and tertiary legal materials. The collection of legal materials is carried out through interviews and literature studies, which are descriptive and analytical in nature.his research is a normative legal research with analytical descriptive nature.Results of the Research: The results of this study, namely, first, that E-Court is a way to expedite the proceedings in the Court, as regulated in the principles of justice according to Supreme Court Regulation Number 1 of 2019 concerning Case Administration and Trial in Electronic Courts. Second, the electronic Court introduced by the Supreme Court allows several stages of the process in the Court to be carried out online. Third, the implementation of the e-Court system has various obstacles, one of which is the lack of public counseling and information regarding the application of this system, and there are still advocates who have not been verified or registered.
Kedudukan Dan Hak Ahli Waris Terhadap Harta Warisan Menurut Kitab Undang – Undang Hukum Perdata Jessica Manuela Lewerissa; Barzah Latupono; Agustina Balik
TATOHI: Jurnal Ilmu Hukum Vol 2, No 12 (2023): Volume 2 Nomor 12, Februari 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i12.1458

Abstract

Introduction: If someone dies, then all of his rights and obligations are transferred or transferred to his heirs. Purposes of the Research: This writing aims to find out the position of the heir to the inheritance, to find out who is entitled to the inheritance left by.Methods of the Research: The research method is very important to get accurate data so that it is said to be a tool or a way to guide in conducting research.Results of the Research: In the event of the death of a person, which is a legal event, it also causes legal consequences in the management and continuation of the matters and obligations of a person who dies. In addition, the occurrence of a position and the rights of the heirs will have consequences in the position and rights of the heirs to the inheritance. In addition, when viewed from the four groups above, they inherit sequentially, namely first those who are called or act as heirs of group I, then only groups II, III, and IV. In connection with the case example, all of the heirs have the same position and rights over the inheritance of the heirs, even Out-of-Marriage Children can inherit by replacement of place or better known as in Dutch "plaatsvervulling" and Out-of-Marriage Children inherit part of the rights from their parents. who has died Thus the Civil Code does not recognize the difference between men and women, married or unmarried, adults or underage, all of whom are considered as heirs who have the same position and rights over part of the inheritance which is an inherited property. left by the heir. Thus, if viewed from the examples of the cases studied, it can be seen that all children of the descendants of their heirs are entitled to enjoy the inheritance because the heirs have 7 children, so each division gets 1/7 of the inheritance. In addition, it is also necessary to know that if the testator wants to give his property before he dies to one of his children, it should be given with a written will or made by an authorized official.

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