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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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Fungsi ASEAN Intergovernmental Commision on Human Rights (AICHR) Dalam Perlindungan HAM Di Wilayah Domestik Myanmar Christa Delani Pelupessy; Josina Augustina Yvonne Wattimena; Wilshen Leatemia
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.v2i11.1447

Abstract

Introduction: Human rights have not been of particular concern at the inception of ASEAN. Until then, there were several cases of human rights violations that occurred in the ASEAN region.Purposes of the Research: The aim of this writing is to study and delve the Role of AICHR in protecting Human Rights in domestic Myanmar. Methods of the Research: The method used is a normative juridical research method using statutory approach, conceptual approach, and case approach.Results of the Research: The results obtained from the research, it is proven that ASEAN Integovernmental Commission AICHR has fulfilled its function to protect Human Rights conflict in domestic Myanmar. AICHR seeks to obtain information on Human Rights violations occured in the domestic territory of Myanmar, and apply regular approach as well in dealing with issue of Human Rights violations in Myanmar which considered to be the function of AICHR Commission. The efforts managed by AICHR to protect Human Rights in Myanmar domestic territory are conducting consultations and discussions with the state of Myanmar, and holding workshops to discuss Human Rights violations on regional level together with ASEAN member countries for any Human Rights violations occured in Myanmar's domestic territory. AICHR endeavour to comply with ASEAN Principles poured in the ASEAN Charter, abides The Principle of Respect for State Sovereignty and The Principle of Non-Intervention.
Perlindungan Penduduk Sipil Dari Kelompok Kriminal Bersenjata Di Provinsi Papua Ditinjau Dari Hukum Humaniter Internasional Chrisdian Balandina Hitipeuw; Marthinus Kainama; Richard Marsilio Waas
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.v2i11.1446

Abstract

Introduction: Civil protection in Papua Province from Armed Criminal Groups (KKB) must be a serious concern, considering the cruel actions carried out by the KKB starting from shootings, persecution, arson and various other forms of crime that have caused casualties and property that have continued since to year.Purposes of the Research: to know the regulation of non-international armed conflict and how to protect the civilian population from KKB in Papua Province. Methods of the Research: This legal research, the author uses normative research. That is, a study that primarily examines positive legal provisions, legal principles, and legal doctrines to answer legal questions faced.Results of the Research: The results show that the regulation of non-international armed conflicts can be found in the Geneva Convention of 1949 article 3 regarding armed conflicts that are not international in nature in which one of the major participants is required to comply with the provisions regarding protected persons in the event that they are not actively engaged in hostilities. Furthermore, regarding the protection of the civilian population in Papua Province based on a review of humanitarian law so far it cannot be applied, because the conflict conditions in Papua Province cannot yet be categorized as non-international conflicts, but are classified as situations of domestic security disturbances or internal disturbances and tensions. Thus national law and international human rights law apply.
Pengawasan Terhadap Penjual Bensin Eceran Di Kota Ambon Santri Hairu Letahiit; Julista Mustamu; Merlien Irene Matitaputty
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.v2i10.1445

Abstract

Introduction: Retail gasoline sellers are gasoline traders in retail with the object of goods being premium gasoline and pertalite.Purposes of the Research: This study aims to find out and examine how to supervise retail gasoline sellers in Ambon City. Methods of the Research: This writing was carried out with the type of normative juridical research, namely research carried out to obtain data through library studies, namely various literature and scientific materials, and so on. In the normative juridical approach, the data are obtained by using various thoughts of experts and legal theories and existing literature.Results of the Research: Retail gasoline sales are easily found in various district-based areas as well as in cities, even though there are already many gas stations in urban areas, especially in Ambon city. This phenomenon becomes very interesting if one looks at the substance of the Oil and Gas Law, which states clearly that someone who wants to run a business or sell gasoline must have a permit from the government, which of course must go through a strict verification and administrative process. But in reality on the ground, this is really not as it should be, most of the retail gasoline sellers do not have a license or business certificate.
Partisipasi Masyarakat dalam Pengelolaan Keuangan Desa Remensye Venzka Afrilya Nikijuluw; Saartje Sarah Alfons; Revency Vania Rugebregt
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.v2i10.1444

Abstract

Introduction: The village financial management is important so that the village communities have confidence in the village officials and village leaders.Purposes of the Research: To find out the form of community participation in village financial management and to see the consequences of the community's non-involvement in village financial management. Methods of the Research: This research is a normative legal research. In this study, the approach used is the legal approach. Sources of data obtained are primary legal materials and secondary legal materials. The technique of collecting legal materials is by means of library research by collecting materials through invitations, reference books, mass media, such as newspapers. The overall data in this study were analyzed qualitatively.Results of the Research: The results of this study indicate that the community has an important role in managing village finances but in practice the community involvement has not been maximized because in the process the theory used is considered low, such as manipulated community involvement, the community is considered as informing in the sense of knowing people's programs and not providing input on the program. village government. And the non-involvement of the community itself has legal consequences if in its implementation it does not involve the community, one of the evidences of cases of village financial corruption that has resulted in the conviction of various village officials who are unable to take responsibility for their actions, this is clearly due to a lack of supervision from the community.
Kebijakan Formulasi Pemanfaatan Pengaruh (Trading In Influence) Jabatan Publik Sebagai Tindak Pidana Korupsi Gresye A Pesireron; Elsa Rina Maya Toule; Juanrico Alfaromona Sumarezs Titahelu
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.v2i10.1443

Abstract

Introduction: This article examines the judges' Trading in influence. Trading in influence is a type of corruption crime regulated in the provisions of article 18 (a) and article 18 (b) of the Anti-Corruption Convention (KAK) or referred to as UNCAC 2003.Purposes of the Research: This study aims to analyze and explain the process of Trading in influence. Methods of the Research: This research uses empirical juridical research with this type of research being descriptive analysis. The technique of collecting legal materials is by conducting library research on legal materials, namely primary, secondary, and tertiary legal materials.Results of the Research: Legal analysis techniques obtained and classified qualitatively.Based on the results of research and discussion, it can be concluded that the form of the use of influence is divided into two parts, namely active trading in influence and passive trading in influence. Knowing the number of cases that often occur using the modus operandi of Trading in influence and processed using the bribery article even though there are differences between the two plus because there is no legal regulation regarding this type of corruption, prevention efforts for the future have been carried out by seeking to relate this act into the TPK Bill article 4 and adopted in the RUU-KUHP regulated in article 691.
Pertimbangan Hukum Hakim Terhadap Kesaksian Yang Meringankan Dalam Tindak Pidana Pemerkosaan Cantika W Muhrim; Sherly Adam; Elias Zadrach Leasa
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.v2i10.1442

Abstract

Introduction: The judge's legal considerations are one aspect of realizing the value of a judge's decision that contains justice and contains legal certainty. In deciding a case the judge must consider the juridical, sociological and philosophical truths.Purposes of the Research: Analyze and discuss the judges legal considerations against the mitigating testimony based on the decision of the district cour No. 396/Pid.B/2019/Pn.Amb)”. analyze and discuss the imposition of sanctions against the crime of rapoe based on decision No. 396/Pid.B/2019/Pn.Amb)”. Methods of the Research: This research uses the juridical normative method by using a statutory approach, a conceptual approach, and a case approach.Results of the Research: The results showed that the judge’s leal considerations in the decision No. 396/Pid.B/2019/Pn.Amb resulted in the defendant bein acquitted because of the weak evidence presented by the public prosecutor, namely there were no eye witnesses, expert witnesses and also Visum et Repertum which were not used as evidence. On the other hand, the defendant has a mitigating witness, where mitigating facts greatly influence the judgge in imposing sancsions. Based on this decision the judge that the intercourse was consesual, so the judge handed down an acquittal against the defendant.
Pengaturan Mutual Legal Assistance Dalam Hukum Internasional (Kasus Konfederasi Swiss-Indonesia) Erica Febrianti; Josina Augustina Yvonne Wattimena; Dyah Ridhul Airin Daties
TATOHI: Jurnal Ilmu Hukum Vol 3, No 2 (2023): Volume 3 Nomor 2, April 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i2.1556

Abstract

Introduction: Indonesia conducted Mutual legal Assistance (MLA) Agreement negotiations with the Swiss Federation on February 4, 2019 in Bern, Switzerland. Due to the MLA agreement, this is one of the access rights to track the assets of corrupt people hiding in Switzerland.Purposes of the Research: This article aims to identify the provision of mutual legal assistance in international legal instruments and the position of mutual legal assistance between two countries as an international legal instrument for restitution of state property. Methods of the Research: The method used in this study is the legal research method, a type of descriptive analysis, the sources of legal documents are primary legal documents, secondary legal documents, and legal documents. tertiary legal documents. Analysis of legal documents and methods of analyzing legal documents.Results of the Research: The results of the study show that the position of MLA (Mutual Legal Assistance) between the Republic of Indonesia and Switzerland as one of the efforts to return state assets, it can be concluded that the mutual legal assistance agreement between the Republic of Indonesia and Switzerland has not been effective, because it does not regulate the application of asset returns and the concept of MLA (Mutual Legal Assistance) in the agreement is only to facilitate the exchange of information related to assets, but follow-up actions to seize the assets of the perpetrators of corruption are left to the country requesting assistance, and until now, the Indonesian government does not yet have a legal umbrella in the form of separate laws regarding returns assets resulting from criminal acts, both corruption and other serious crimes.
Zona Netral Dan Akibat Hukum Menurut Hukum Internasional Aldo Aldo; Josina Augustina Yvonne Wattimena; Richard Marsilio Waas
TATOHI: Jurnal Ilmu Hukum Vol 3, No 1 (2023): Volume 3 Nomor 1, Maret 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i1.1547

Abstract

Introduction: The border zone can also be viewed as neutral by the two countries that divide it. The territory of a country refers to the sovereignty, sovereign rights, and control of a country over its territory in real terms.Purposes of the Research: The research method used is normative juridical, namely the approach taken by studying existing library materials. The problem approach used is the law approach, the concept approach, and the case approach. The collection of legal materials through literature study and analyzed using normative qualitative analysis techniques. Methods of the Research: The research method used is normative juridical, namely the approach taken by studying existing library materials. The problem approach used is the law approach, the concept approach, and the case approach. The collection of legal materials through literature study and analyzed using normative qualitative analysis techniques.Results of the Research: This research shows that this zone exists to prevent a ceasefire. Countries in this zone have agreed to limit their influence in the zone. That relations with other members of the international community and regulates everything that happens or occurs outside its territorial boundaries as long as it is related to the interests of that country. Indonesia's land and sea border areas are claimed to have essential values in maintaining state sovereignty, based on Law Number 3 of 2002 concerning National Defense. This is based on Article 2 of the United Nations Charter paragraph (1), which states that international relations are founded on equality and freedom. Relations According to Article 2 paragraph (4), the government may not use force against the territorial integrity or political independence of other countries when conducting international affairs.
Persekusi Sebagai Pelanggaran Hak Hidup Menurut Hukum Internasional (Kasus Persekusi oleh Taliban di Afganistan) Giovanny Pricillia Huwae; Johanis Steny Franco Peilouw; Dyah Ridhul Airin Daties
TATOHI: Jurnal Ilmu Hukum Vol 3, No 1 (2023): Volume 3 Nomor 1, Maret 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i1.1548

Abstract

Introduction: The withdrawal of United States troops from Afghanistan caused pros and cons in the world community. Their fears of a return to a Taliban Government that implements hardline Islamic Sharia law have forced Afghans to flee their country en masse. The Taliban are famous for their acts of persecution against the weak or miniroties who are considered to disagree with them.Purposes of the Research: The purpose of writing this journal is to find out international legal arrangements regarding persecution which is a violation of the right to life and also to know that the persecution by the Taliban violates human rights. The method used in the research is a normative research method. Methods of the Research: The type of research used is the type of normative legal research, and uses a statutory approach, case approach and conceptual approach. The legal materials used primary and secondary legal materials which are classified and arranged systematically and then reviewed to answer the problems under study.Results of the Research: The result of this research is that persecution is an act of violation of the right to life as regulated in the third article of the Universal Declaration of Human Rights in 1948, and is one of the international crimes against humanity regulated in the Rome Statute in 1998. Rough and brutal acts carried out by the Taliban are acts of persecution that violate of human rights. In the Universal Declaration of Human Rights, the third article and the eleventh article, the first paragraph emphasizes that everyone has the right to life and cannot be killed arbitrarily and cannot be punished before a court decision is made on charges of wrongdoing.
Pertanggungjawaban Negara China Akibat Pencemaran Di Laut China Selatan Dalam Prespektif Hukum Lingkungan Internasional Jenesya Susye Matakena; Marthinus Kainama; Veriana Josepha Batseba Rehatta
TATOHI: Jurnal Ilmu Hukum Vol 3, No 1 (2023): Volume 3 Nomor 1, Maret 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i1.1549

Abstract

Introduction: One of the satellite imagery analysis companies, Head Of Simularty, based in the United States, found that there has been pollution to the marine environment in the South China Sea area, precisely in the Spratly Islands, namely the coral island of Whitsun Reef which is still part of the Exclusive Economic Zone of the Philippines.Purposes of the Research: Aims to find out and analyze the regulation of international law on pollution in the South China Sea and to find out and analyze the form of accountability of the Chinese State due to marine pollution carried out under international environmental law. Methods of the Research: This legal research uses normative juridical research, case approach, statutory approach, and conceptual approach, primary and secondary legal materials, legal material procedures using primary legal materials which are then associated with secondary legal materials and processing and analysis of legal materials using qualitative descriptive analysis.Results of the Research: The results showed that China had violated international environmental law obligations as stipulated in the Stockholm Declaration 1972, Rio Declaration 1992, UNCLOS 1982 and MARPOL 73/78. Furthermore, marine pollution carried out by the State of China in the territory of the Exclusive Economic Zone of the Philippine State has opposed the provisions of international environmental law as stipulated in the 1972 Stokcholm Declaration and UNCLOS 1982 which states that it prohibits any country from taking acts of pollution against the environment against both its own territory and in the jurisdiction of other countries. Therefore, it is necessary to have accountability efforts that must be carried out due to the pollution actions carried out.

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