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[Perlindungan Hukum Bagi Pihak Yang Dirugikan Dalam Perjanjian Kerjasama Pembiayaan Biji Nikel ]]>
<![CDATA[Hamada Reinaldy Mantulameten]]>;
<![CDATA[Merry Tjoanda]]>;
<![CDATA[Novyta Uktolseja]]>
<![CDATA[ TATOHI: Jurnal Ilmu Hukum Vol 2, No 12 (2023): Volume 2 Nomor 12, Februari 2023 ]]>
Publisher : <![CDATA[Faculty of Law Pattimura University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.47268/tatohi.v2i12.1457
<![CDATA[Introduction: This article analyzes the business cooperation agreement which in practice, the principle of balance is often ignored, so that when a default occurs, the creditor consortium cannot force the debtor to carry out its achievements through the execution of the debtor's assets as collateral, due to the lack of collateral provided by the debtor.Purposes of the Research: The purpose of this article is to find out the implementation of the financing cooperation agreement between PT Kingstone Anugerah Perkasa and PT Bumi Putera Abadi and PT Mineral Trobos, and to find out about legal protection for the aggrieved party in the financing cooperation agreement between PT Kingstone Anugerah Perkasa and PT Bumi Putera Abadi with PT Trobos Minerals. Methods of the Research: The research method used is normative juridical with a statutory approach conseptual approach and case approach, and uses secondary data and is analyzed qualitatively.Results of the Research: The financing cooperation agreement between PT Kingstone Anugrah Perkasa and PT Bumi Putera Abadi and PT Mineral Trobos did not go well. This is because in the post-contract/implementation phase of the agreed contents of the agreement, PT Mineral Trobos defaulted by not carrying out its obligation to complete the permit no later than 60 days from the signing of the financing cooperation agreement, so that PT Kingstone Anugrah Perkasa and PT Bumi Putera Abadi have the right to filed a lawsuit for default of PT Mineral Trobos to the Kendari District Court.]]>
<![CDATA[Penegakan Hukum Hak Cipta Terhadap Download Film Pada Situs Ilegal ]]>
<![CDATA[Arixellis Juan Efraim Hahury]]>;
<![CDATA[Theresia Nolda Agnes Narwadan]]>;
<![CDATA[Muchtar Anshary Hamid Labetubun]]>
<![CDATA[ TATOHI: Jurnal Ilmu Hukum Vol 2, No 12 (2023): Volume 2 Nomor 12, Februari 2023 ]]>
Publisher : <![CDATA[Faculty of Law Pattimura University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.47268/tatohi.v2i12.1456
<![CDATA[Introduction: Copyright is the exclusive right of the creator that arises automatically based on declarative principles after a work is realized in a tangible form, without reducing restrictions in accordance with the provisions of laws and regulations. Copyright has been protected by Law Number 28 of 2014. But in reality, there are still many copyright violations such as downloading movies on sites on illegal sites.Purposes of the Research: This study aims to determine Copyright Law Enforcement Against Downloading Films on Illegal Sites. Methods of the Research: The type of research used in this thesis is the type of empirical research. The data collection method used is the method of observation, interviews and literature then the data obtained were analyzed descriptively qualitatively so as to reveal the expected results and conclusions on the problem.Results of the Research: The results of the study show that the enforcement of copyright law on downloading films on illegal sites has not been carried out in accordance with applicable law. This is based on the fact that copyright law enforcement is influenced by several factors, namely legal factors, law enforcement, infrastructure, society and culture. Legal factors, in this case the Law, have contained regulations related to copyright, but law enforcement factors have not been effective in carrying out their duties. In addition, the infrastructure factor in this case is related to the lack of support for communication facilities which is an obstacle related to reporting copyright infringement. Then the community factor and cultural factor, in this case the community still commits violations related to film copyright.]]>
<![CDATA[Pengujian Nuklir (Rudal Balistik) Oleh Korea Utara Menurut Perspektif Hukum Internasional ]]>
<![CDATA[Putri Anggineysia Bangsa]]>;
<![CDATA[Josina Augustina Yvonne Wattimena]]>;
<![CDATA[Johanis Steny Franco Peilouw]]>
<![CDATA[ TATOHI: Jurnal Ilmu Hukum Vol 2, No 12 (2023): Volume 2 Nomor 12, Februari 2023 ]]>
Publisher : <![CDATA[Faculty of Law Pattimura University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.47268/tatohi.v2i12.1455
<![CDATA[Introduction: The nuclear tests (ballistic missiles) carried out by that country are in fact contrary to a number of international legal instruments.Purposes of the Research: To know and understand the regulations regarding nuclear (ballistic missiles) in international law and to see in general that North Korea's nuclear test (ballistic missiles) actions are contrary to international law. Methods of the Research: This study uses a normative juridical research type with a descriptive analysis type of research which in the problem approach uses a law, conceptual and case approach with primary, secondary and tertiary legal materials which are then used qualitative analysis techniques.Results of the Research: The act of nuclear testing (ballistic missiles) is actually a form that is not prohibited under international law. However, the intended nuclear test is not carried out arbitrarily but must be in accordance with the instrument or basis for the testing arrangement. Tracing and analyzing the testing actions carried out by North Korea turned out to be contrary to international law where based on every resolution sanctioned by the United Nations Security Council, they wanted to be part of a series of contradictory actions. Apart from that, based on the 1945 United Nations Charter and the 1968 Treaty on the Non-Proliferation of Nuclear Weapons in article VI, it also provides a description of the actions by the North Korean State which indeed violate international law.]]>
<![CDATA[Penjatuhan Sanksi Administrasi Bagi Prajurit Tentara Nasional Indonesia ]]>
<![CDATA[Maxyenty Maxyenty]]>;
<![CDATA[Salmon Eliazer Marthen Nirahua]]>;
<![CDATA[Renny Heronia Nendissa]]>
<![CDATA[ TATOHI: Jurnal Ilmu Hukum Vol 2, No 11 (2023): Volume 2 Nomor 11, Januari 2023 ]]>
Publisher : <![CDATA[Faculty of Law Pattimura University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.47268/tatohi.v2i11.1454
<![CDATA[Introduction: Violations committed by members of the TNI will affect the good name of the unit and the development of personnel in the unit. Purposes of the Research: Legal issues in this study is how the procedure for administering administrative sanctions for TNI soldiers? and How is the legal protection for TNI soldiers who committed a violation in accordance with the substance of the TNI administrative sanction? As for the purpose.Methods of the Research: This research is to find out and analyze the procedures for imposing sanctions administration for TNI soldiers to find out and analyze legal protection for TNI soldiers who commit violations in accordance with the substance of administrative sanctions for the provision of administrative sanctions for TNI soldiers This study uses normative legal research that is description with a statute approach and Conceptual approach (conceptual approach), through the collection of legal materials then analyzed by qualitative analysis.Results of the Research: Through this research it was found that there are procedures in the imposition of sanctions applied to the classification is classified prayer is a class of violations whose administrative sanctions are adjusted with his group, and his position is one of the things that distinguishes administrative sanctions such as administrative sanctions for officers will be different with a non-commissioned officer / enlisted. and legal protection of soldiers who will be dropped administrative sanctions can be realized by the application of sanctions based on the the principle of fair law, as has been stated, namely the principle of educating, the principle of Openness, the principle of balance, the principle of justice, the principle of equality.]]>
<![CDATA[Dampak Hukum Undang-Undang Nomor 11 Tahun 2020 Tentang Cipta Kerja Bagi Pemegang Izin Lingkungan ]]>
<![CDATA[Bernadette Adinda Galuh Trimillenia Rumadjak]]>;
<![CDATA[Victor Juzuf Sedubun]]>;
<![CDATA[Vica Jillyan Edsti Saija]]>
<![CDATA[ TATOHI: Jurnal Ilmu Hukum Vol 2, No 11 (2023): Volume 2 Nomor 11, Januari 2023 ]]>
Publisher : <![CDATA[Faculty of Law Pattimura University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.47268/tatohi.v2i11.1453
<![CDATA[Introduction: The presence of changes in licensing in the Job Creation Law has a very big impact on environmental sustainability, this is because there is a missing government authority, changes in the Job Creation Law that change the provisions of the Environmental Protection and Management Act, especially AMDAL and environmental permit.Purposes of the Research: The purpose of this study is to determine and analyze the legal consequences for environmental permit holders after the enactment of the Job Creation Act Number 11 of 2020. Methods of the Research: The method used is a normative legal research method.Results of the Research: The results and discussion have legal consequences for environmental permit holders after the enactment of the Job Creation Act because environmental permits issued after the enactment of the Job Creation Act automatically follow the Act and environmental permits that were in effect before the Job Creation Act remain in force in accordance with Life Protection and Management Law Number 32 of 2009 but if the permit status is to be extended, it must automatically renew the documents because otherwise the permit status is considered to have been completed.]]>
<![CDATA[Pemberhentian Tidak Dengan Hormat Anggota Kepolisian Negara Republik Indonesia ]]>
<![CDATA[Rido Leiwakabessy]]>;
<![CDATA[Jemmy Jefry Pietersz]]>;
<![CDATA[Renny Heronia Nendissa]]>
<![CDATA[ TATOHI: Jurnal Ilmu Hukum Vol 2, No 12 (2023): Volume 2 Nomor 12, Februari 2023 ]]>
Publisher : <![CDATA[Faculty of Law Pattimura University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.47268/tatohi.v2i12.1463
<![CDATA[Introduction: Disrespectful dismissal of members of the Indonesian National Police must be in accordance with the provisions of the legislation.Purposes of the Research: Therefore, this paper aims to examine and analyze the validity of dishonorable dismissal and legal remedies that can be taken. Methods of the Research: The research method used is normative juridical, using a statutory approach and a conceptual approach. The legal materials used in this study are primary legal materials and secondary legal materialsResults of the Research: The recommendation for dishonorable discharge issued by the Commission for the Professional Code of Ethics of the Indonesian National Police to the violator, namely Markus Junus Pattimaipau, as the basis for the issuance of a decree by the Maluku Regional Police Chief regarding Disrespectful Dismissal is not in accordance with the mechanism of the provisions of the applicable laws and regulations. Apart from that, the recommendation for dishonorable dismissal that is issued if it is related to the legal requirements of a decision does not meet the requirements of the procedure and substance and general principles of good governance, then the decision can be said to have no validity. The issuance of the Decree of the Head of the Maluku Regional Police regarding the dishonorable discharge of the Indonesian National Police Service which has no further validity. Markus Junus Pattimaipau in the aspect of legal protection who is harmed by the State Administrative Decree may file legal remedies based on the provisions of the applicable laws and regulations.]]>
<![CDATA[Analisis Yuridis Kekuatan Hukum Sertifikat Hak Milik Atas Tanah Menurut Peraturan Pemerintah No. 24/1997 Tentang Pendaftaran Tanah Dikaitkan Dengan Putusan PN No. 242/Pdt.G/2020/PN Ambon ]]>
<![CDATA[Semuel Nahumury]]>;
<![CDATA[Jenny Kristiana Matuankotta]]>;
<![CDATA[Pieter Radjawane]]>
<![CDATA[ TATOHI: Jurnal Ilmu Hukum Vol 2, No 11 (2023): Volume 2 Nomor 11, Januari 2023 ]]>
Publisher : <![CDATA[Faculty of Law Pattimura University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.47268/tatohi.v2i11.1451
<![CDATA[Introduction: The certificate is proof of the rights owned by the holder of land rights issued by the National Land Agency. Issuance of certificates in the context of land registration activities so that rights holders can make certificates as evidence to holders of land rights as regulated in Government Regulation no. 24 of 1997 concerning Land Registration.Purposes of the Research: This study examines the ratio decidendi of judges in making decisions on the PN No. 242/Pdt.G/2020/PN.Amb regarding the validity of the certificate of title to land to determine whether the judge's considerations are in accordance with the legal provisions regarding the ownership of applicable land rights. Methods of the Research: The research method used is normative research through a statutory approach and a case approach which refers to the ratio decidendi. The method of collecting legal materials used is a qualitative method.Results of the Research: Based on the results of the study, evidence has an important role as the basis for judge's consideration in making a decision. Certificates as evidence of rights can be declared invalid and canceled by a court decision that has permanent legal force when it is proven that someone's ownership of land rights has been violated. In the decision of the PN No. 242/Pdt.G/2020/PN Ambon, the judge ruled that the certificate owned by the defendant was legally flawed and had no binding legal force because the defendant could not prove the formal or material truth of the acquisition of the land rights.]]>
<![CDATA[Restrukturisasi Kredit Sebagai Solusi Bagi Debitur Terdampak Covid-19 ]]>
<![CDATA[Arham Rays Tuanaya]]>;
<![CDATA[Sarah Selfina Kuahaty]]>;
<![CDATA[Marselo Valentino Geovani Pariela]]>
<![CDATA[ TATOHI: Jurnal Ilmu Hukum Vol 2, No 11 (2023): Volume 2 Nomor 11, Januari 2023 ]]>
Publisher : <![CDATA[Faculty of Law Pattimura University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.47268/tatohi.v2i11.1450
<![CDATA[Introduction: This credit restructuring can be carried out on loans or financing provided before or after debtors are affected by the spread of the corona virus disease 2019 (COVID-19) including micro, small and medium business debtors.Purposes of the Research: The purpose of this study was to find out how the procedure for implementing credit restructuring during the COVID-19 pandemic and knowing what the legal consequences of implementing credit restructuring were in credit agreements. Methods of the Research: The research method used is the normative legal research method. The problem approach used is the statutory approach, the conceptual approach. The legal materials used are primary legal materials and secondary legal materials. Procedures and Collection of Legal Materials using the method of inventorying laws and regulations and Processing and Analysis of legal materials using data analysis techniques with deductive logic.Results of the Research: Based on the results of the study, it can be concluded that the legal consequences that occur from the implementation of credit restructuring are changes in the agreement between the bank as the creditor and the borrowing customer as the debtor in the rights and obligations of the parties in the credit agreement.]]>
<![CDATA[Persona Non Grata Dalam Praktek Negara Rusia dan Ukraina Beserta Implikasi Hukumnya ]]>
<![CDATA[Yulifia Serafina Refra]]>;
<![CDATA[Irma Halimah Hanafi]]>;
<![CDATA[Veriana Josepha Batseba Rehatta]]>
<![CDATA[ TATOHI: Jurnal Ilmu Hukum Vol 2, No 11 (2023): Volume 2 Nomor 11, Januari 2023 ]]>
Publisher : <![CDATA[Faculty of Law Pattimura University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.47268/tatohi.v2i11.1449
<![CDATA[Introduction: This statement of persona non grata has become a habit in diplomatic relations and is often misused by many countries. As happened between the receiving country (Russia) and the sending country (Ukraine) which expelled each other's diplomats, causing legal implications for both countries.Purposes of the Research: The purpose of this research is to find out how the practice of the receiving country in implementing persona non grata towards the sending country and to find out the legal consequences arising from the actions of the sending country and the receiving country based on the 1961 Vienna Convention. Methods of the Research: The research method in this study is a normative legal research, using a law approach, a case approach and a conceptual approach. Sources of research data include sources of library studies. Processing and analysis of legal materials used in writing is using processing and computerization methods so that legal materials can be analyzed completely and comprehensively.Results of the Research: Based on the results of research on the practice of giving persona non grata by Russia to Ukrainian diplomats on charges of espionage or espionage, the allegations were not justified by Ukraine. However, what the two countries did was contrary to the 1961 Vienna Convention because there was a need for a diplomatic representative for relations between the two countries. After expelling diplomats, this problem continued when Russia invaded Ukraine, causing war between the two parties. For this reason, in the international legal dispute settlement stage, it has been recommended that the two countries settle disputes peacefully in accordance with what has been regulated in Article 33 of the United Nations Charter.]]>
<![CDATA[Pengaturan Perjanjian Internasional Dan Relevansinya Dengan Klaim Pulau Dokdo Berdasarkan Perjanjian San Fransisco 1951 ]]>
<![CDATA[Cliff Markus Latumeten]]>;
<![CDATA[Johanis Steny Franco Peilouw]]>;
<![CDATA[Lucia Charlota Octovina Tahamata]]>
<![CDATA[ TATOHI: Jurnal Ilmu Hukum Vol 2, No 11 (2023): Volume 2 Nomor 11, Januari 2023 ]]>
Publisher : <![CDATA[Faculty of Law Pattimura University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.47268/tatohi.v2i11.1448
<![CDATA[Introduction: The Dokdo Island dispute is one of the disputes involving Japan and South Korea. Both Japan and South Korea still hold fast that Dokdo Island is part of their country's sovereignty.Purposes of the Research: The purpose of this paper is to find out and examine the arrangement of international agreements in claiming an area as well as to find out and examine the settlement of claims made by Japan against Dokdo Island based on the 1951 San Francisco Agreement. Methods of the Research: The type of research used in this research is normative juridical (normative legal research type), which is an approach that is carried out by researching or studying well library materials or literature studies. Especially to examine the provisions of positive law, legal principles, legal principles, and international law doctrines in order to answer the legal issues faced.Results of the Research: The results of this study indicate that the emphasizes that an international treaty dispute must be resolved by peaceful means in accordance with the principles of justice and international law. The 1951 San Francisco agreement itself does not explain the arrangement of international agreements in claiming an area, either directly or indirectly bordering areas. Because the San Francisco agreement itself was a peace treaty between Japan and the Allies to end World War II. Various dispute resolution efforts have been carried out such as diplomatic and judicial settlements, but until now the right way to resolve the Dokdo Island dispute has not been found. Based on the contents of the 1951 San Francisco Agreement, there was no discussion related to the settlement of the Dokdo island dispute between Japan and South Korea or other international disputes because the agreement was only a peace agreement between Japan and its allies in ending World War II. However, there are several ways of resolving disputes that can be taken by both parties, both through non-litigation and litigation channels, such as through mediation, negotiation to settlement through the International Court of Justice.]]>
