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[Aturan Wajib Bagi Konsumen Menjadi Anggota Happy Kiddy Ditinjau Dari Hukum Perlindungan Konsumen ]]>
<![CDATA[Faliya Hakim]]>;
<![CDATA[Theresia Louize Pesulima]]>;
<![CDATA[Agustina Balik]]>
<![CDATA[ TATOHI: Jurnal Ilmu Hukum Vol 3, No 1 (2023): Volume 3 Nomor 1, Maret 2023 ]]>
Publisher : <![CDATA[Faculty of Law Pattimura University ]]>
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DOI: 10.47268/tatohi.v3i1.1550
<![CDATA[Introduction: Consumer protection is an integral part of healthy business activities.Purposes of the Research: The purpose of this study is to understand and find out the obligations for consumers, who are members of Happy Kiddy, legal protection that can be given to consumers directly and to find out the extent of the binding power of the standard clauses on consumers, who become consumers in places that apply standard clauses. Methods of the Research: The method used in analyzing and reviewing is normative juridical.Results of the Research: The results of this study indicate that the inclusion of a standard clause made by Happy Kiddy, there is a clause that is contrary to Law Number 8 of 1999 concerning Consumer Protection. The negative impact for consumers with the inclusion of standard clauses from Happy Kiddy is the obligation of consumers to become Happy Kiddy members, consumers are vulnerable to becoming victims of business actors due to their weak position. The form of legal protection for consumers related to the inclusion of standard clauses carried out by Happy Kiddy business actors is contained in Article 18 paragraph (3) of the UUPK. In addition, the form of consumer protection related to the inclusion of standard clauses through supervision is carried out by BPSK and the District Court.]]>
<![CDATA[Perlindungan Hak Cipta Terhadap Pembajakan Film Nasional ]]>
<![CDATA[Grivti M Asthenu]]>;
<![CDATA[Teng Berlianty]]>;
<![CDATA[Muchtar Anshary Hamid Labetubun]]>
<![CDATA[ TATOHI: Jurnal Ilmu Hukum Vol 3, No 1 (2023): Volume 3 Nomor 1, Maret 2023 ]]>
Publisher : <![CDATA[Faculty of Law Pattimura University ]]>
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DOI: 10.47268/tatohi.v3i1.1551
<![CDATA[Introduction: Exclusive rights related to economic rights and moral rights that will be attached automatically to a work created without having to register.Purposes of the Research: Analyze the form of legal protection for national film copyright holders and the process of preventing film piracy that occurs in Indonesia. 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, secondary and tertiary legal materials.Results of the Research: The form of legal protection for national film copyright holders is guaranteed by the existence of a set of laws and regulations that function as a government tool in carrying out preventive and repressive efforts, especially for film copyright violators. The process of preventing film piracy is by registering copyright in order to obtain legal protection / legal certainty for the rights of his creations. This is an effort of Preventive Legal Protection. and can also File a lawsuit to the Commercial Court which is a Repressive Legal Protection.]]>
<![CDATA[Peran Mediator Dalam Penyelesaian Sengketa Harta Warisan ]]>
<![CDATA[Rani Ngadja]]>;
<![CDATA[Barzah Latupono]]>;
<![CDATA[La Ode Angga]]>
<![CDATA[ TATOHI: Jurnal Ilmu Hukum Vol 3, No 1 (2023): Volume 3 Nomor 1, Maret 2023 ]]>
Publisher : <![CDATA[Faculty of Law Pattimura University ]]>
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DOI: 10.47268/tatohi.v3i1.1552
<![CDATA[Introduction: Settlement of disputes or conflicts that always occur in the community caused by inheritance, therefore gives rise to disputes and even causes conflicts between parties.Purposes of the Research: The purpose of this study was to determine the process of resolving inheritance disputes in the Religious Courts Class IA Ambon and how the role achieved by the mediator in the settlement of inheritance disputes in the Religious Courts Class IA Ambon. Methods of the Research: The research method used is Normative juridical research method with field research as primary data. The approach used is field research.Results of the Research: It can be concluded that the process of resolving Inheritance disputes at the Ambon Class IA Religious Courts is based on Law Number 7 of 1989 and the mediation guidelines of Government Regulation (PERMA) Number 1 of 2016. The mediator does not have the power to impose a settlement on the parties involved. dispute so that the role of the mediator is to negotiate until there is an agreement that binds the parties. The role of the Mediator in the mediation process is to mediate the parties, find common ground for the problems of the parties and oversee the course of mediation such as arranging negotiations, holding meetings, arranging discussions, mediating, formulating agreements between the parties so that mediation can be successful.]]>
<![CDATA[Pendaftaran Merek Dagang dengan Menggunakan Kata Umum ]]>
<![CDATA[Stevi Josua Leimena]]>;
<![CDATA[Merry Tjoanda]]>;
<![CDATA[Nancy Silvana Haliwela]]>
<![CDATA[ TATOHI: Jurnal Ilmu Hukum Vol 3, No 1 (2023): Volume 3 Nomor 1, Maret 2023 ]]>
Publisher : <![CDATA[Faculty of Law Pattimura University ]]>
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DOI: 10.47268/tatohi.v3i1.1553
<![CDATA[Introduction: A mark cannot be registered if it is a common name and/or a symbol of public property but in trade there is circulation of a mark using the general word.Purposes of the Research: To analyze and explain how the registration of trademarks that use common words and the legal consequences for trademarks that use common words as marks. Methods of the Research: The research method used is normative juridical research, the type of research is descriptive analytical. The sources of legal materials used are primary, secondary and tertiary legal materials. The technique of collecting legal materials used in this research is through literature study. The analysis of legal materials is descriptive qualitativ.Results of the Research: The results showed: 1). Procedures and legal rules for trademark registration are regulated in Law Number 20 of 2016 concerning Marks and Geographical Indications and Regulation of the Minister of Law and Human Rights Number 67 of 2016 concerning Registration of Marks and Regulation of the Minister of Law and Human Rights Number 12 of 2021 concerning Changes On the Regulation of the Minister of Law and Human Rights Number 67 of 2016 concerning Trademark Registration. 2) The legal consequences for trademarks that use the Common Name as a Mark can be seen in Article 20 of Law Number 20 of 2016 and Article 16 Letter (f) of the Regulation of the Minister of Law and Human Rights Number 12 of 2021 concerning Amendments to the Regulation of the Minister of Law And Human Rights Number 67 of 2016 concerning Mark Registration is by carrying out law enforcement efforts in the form of "revocation" of the mark which in this case is the "AQUA" Mark using the Common Name.]]>
<![CDATA[Peran Korban Pemerkosaan Dalam Membantu Proses Penyidikan ]]>
<![CDATA[Christy Tanasale]]>;
<![CDATA[Elsa Rina Maya Toule]]>;
<![CDATA[Margie Gladies Sopacua]]>
<![CDATA[ TATOHI: Jurnal Ilmu Hukum Vol 3, No 1 (2023): Volume 3 Nomor 1, Maret 2023 ]]>
Publisher : <![CDATA[Faculty of Law Pattimura University ]]>
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DOI: 10.47268/tatohi.v3i1.1554
<![CDATA[Introduction: Rape is one of the most common crimes in society.Purposes of the Research: The purpose of this study is to analyze and discuss the role of the victim in revealing the perpetrators of the crime of rape in the investigation stage and legal protection for victims of rape in the investigation process. Methods of the Research: In this legal research, the author uses normative juridical legal research which obtains data from literature studies in the form of laws, documents, books, magazines and other literature related to writing.Results of the Research: The results of this study indicate that the role of rape victims in the investigation stage is when the victim dares to report, the victim is open and the victim is cooperative and the victim includes clear information, because the role of the victim is very influential in the investigation process. For this reason, there is legal protection for rape victims, where victims get legal protection which is quite clearly stated in Law Number 31 of 2014. As well as other protections such as Juridical Protection, Psychological Protection and Social Protection. So, the authorities can take protective measures for victims and sanctions for perpetrators in accordance with the provisions of applicable regulations.]]>
<![CDATA[Kajian Yuridis Terhadap Penerbitan Surat Perintah Penyidikan Ganda ]]>
<![CDATA[Vivi Angely Ririhena]]>;
<![CDATA[John Dirk Pasalbessy]]>;
<![CDATA[Jacob Hattu]]>
<![CDATA[ TATOHI: Jurnal Ilmu Hukum Vol 3, No 1 (2023): Volume 3 Nomor 1, Maret 2023 ]]>
Publisher : <![CDATA[Faculty of Law Pattimura University ]]>
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DOI: 10.47268/tatohi.v3i1.1555
<![CDATA[Introduction: An Investigative Order or Sprindik is one of the legal processes related to administration in giving authority to investigators to be able to carry out investigations.Purposes of the Research: To analyze and discuss whether it is justified in terms of criminal procedural law procedures, issuance of investigative orders (sprindiks) on the same legal subject with different objects and to explain what legal consequences occur when two sprindiks are issued from the same subject, in the case of BNI Ambon branch main office in 2019. Methods of the Research: The research method used is normative juridical research. In this study, three approaches to the problem are used, namely the statutory approach, the conceptual approach, and the case approach. Sources of data obtained are primary legal materials and secondary legal materials. The technique of collecting legal materials uses the literature study method. All data in this study were analyzed qualitatively.Results of the Research: The results of this study indicate that the rules regarding the issuance of the Sprindik are in accordance with the provisions of the criminal procedure law but there are no rules that specifically regulate the number of times the Sprindik is issued by investigators. In a criminal case, the issuance of the double Sprindik resulted in the abuse of power (abuse of power), conflict of interest among investigators, and the cancellation of the Sprindik through the pretrial process and the existence of the Double Sprindik resulted in the absence of legal certainty regarding which Sprindik was used. This is because there are no regulations that explicitly regulate the number of times the Sprindik is issued.]]>
<![CDATA[Kedudukan Keuangan Negara Dalam Badan Usaha Milik Negara ]]>
<![CDATA[Harly Clifford Jonas Salmon]]>
<![CDATA[ TATOHI: Jurnal Ilmu Hukum Vol 3, No 2 (2023): Volume 3 Nomor 2, April 2023 ]]>
Publisher : <![CDATA[Faculty of Law Pattimura University ]]>
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DOI: 10.47268/tatohi.v3i2.1570
<![CDATA[Introduction: The state separates its finances to be used as capital in state-owned enterprises. However, Law Number 17 of 2003 concerning State Finances still counts the separated capital as state finance, contrary to the principle that separated finance is corporate finance.Purposes of the Research: Analyzing the Position of State Financial Status in State-Owned Enterprises. Methods of the Research: The research method used is normative juridical, with a statutory and conceptual approach. The sources of legal materials used are primary, secondary, and tertiary legal materials. The technique of collecting legal materials carried out in this research is through literature study.Results of the Research: The results of the study show that state finances are all rights attached to the state in the form of money or goods, including equity participation in state-owned enterprises. However, in its management, when the capital has been handed over to a state-owned enterprise, the state's financial status has completely changed to private finance, in this case it is a state-owned enterprise in accordance with Article 4 paragraph (1) UUBUMN which states that the company's capital comes from separated state assets. This capital in the legal context of the company is equity capital. Pursuant to the provisions of Article 1 point 7 of Government Regulation Number 72 of 2016 concerning Procedures for Participation and Administration of State Capital in BUMN and Limited Liability Companies, state capital participation is the separation of State assets from the APBN or determination of company reserves or other sources to serve as BUMN capital and/or other limited liability companies are managed as a corporation. has also been explained in the Constitutional Court Decision No. 77/PUU-IX/2011. The Constitutional Court ruled that a BUMN is a business entity that has separate assets from state assets so that the authority to manage business assets, including the settlement of BUMN debts, is subject to the limited liability company law. This is the point of privatization of state finances which are included in state-owned enterprises where the capital is then managed by the business entity with business principles.]]>
<![CDATA[Urgensi Indonesia Untuk Meratifikasi Konvensi Tentang Perlindungan Terhadap Penghilangan Orang Secara Paksa ]]>
<![CDATA[Nurul Fitrah]]>;
<![CDATA[Arman Anwar]]>;
<![CDATA[Irma Halima Hanafi]]>
<![CDATA[ TATOHI: Jurnal Ilmu Hukum Vol 3, No 2 (2023): Volume 3 Nomor 2, April 2023 ]]>
Publisher : <![CDATA[Faculty of Law Pattimura University ]]>
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DOI: 10.47268/tatohi.v3i2.1557
<![CDATA[Introduction: The Special Committee of the House of Representatives on the Handling of Discussions on the Results of the Investigation into the Enforced Disappearance of Persons for the Period 1997-1998, has issued four points of recommendation to the President. One of the four points is to urge the government to immediately ratify the convention on protection against forced disappearances of persons.Purposes of the Research: The purpose of this research was to determine the regulation of international law against forced disappearances of persons, and to know the urgency of Indonesia to ratify the convention on the protection against forced disappearances of persons. Methods of the Research: The research methods used are normative juridical research methods, analytical descriptive research types, sources of legal materials, namely primary legal materials, secondary legal materials and tertiary legal materials. Technical collection of legal materials through library research and processing techniques for legal materials using qualitative analysis.Results of the Research: The result of the study is that international convention for the protection of all persons from enforced disappearance is an international instrument that regulates the obligations and responsibilities of states in providing protection to all persons from enforced disappearances. Indonesia has not yet ratified the convention of the protection of all persons from enforced disappearances. This Convention is very urgent to be ratified by Indonesia because it is one of the foundations of international human rights law that can provide protection, as well as a preventive and corrective effort of the state in ensuring the protection of all people from enforced disappearances. In addition, it is also to encourage cases of enforced disappearances in Indonesia in the past to be resolved and not repeated in the future.]]>
<![CDATA[Penerapan Kelangsungan Usaha Bagi Debitor Pailit Dalam Penyelesaian Perkara Kepailitan Dan Penundaan Kewajiban Pembayaran Utang ]]>
<![CDATA[Erwin Simaremare]]>;
<![CDATA[Merry Tjoanda]]>;
<![CDATA[Ronald Saija]]>
<![CDATA[ TATOHI: Jurnal Ilmu Hukum Vol 3, No 2 (2023): Volume 3 Nomor 2, April 2023 ]]>
Publisher : <![CDATA[Faculty of Law Pattimura University ]]>
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DOI: 10.47268/tatohi.v3i2.1558
<![CDATA[Introduction: The application of the principle of business continuity is very difficult for debtors to apply.Purposes of the Research: The purpose of this research is to examine and find out what are the factors that can affect the implementation of going concern for debtors in bankruptcy and postponement of debt payment obligations and the application of going concern as an effort to fulfill the obligations of bankrupt debtors to creditors in bankruptcy matters. Methods of the Research: The method used in this research is normative juridical research method, analytical descriptive research type, sources of legal materials are primary legal materials, secondary legal materials and tertiary legal materials. Analysis of legal materials and methods of analysis of legal materials.Results of the Research: The results of this research and discussion show that: (1) In the application for bankruptcy and PKPU should not only look at the requirements as in Article 2 paragraph (1) and through simple evidence, but also the importance of an insolvency test to determine the extent of the debtor's ability to carry out his obligations, so that The business continuity of the debtor is also protected from being declared bankrupt immediately. (2.) With the continuation of coal mining operations, the bankrupt debtor PT. Rinjani Kertanegara with the aim of increasing bankruptcy assets, it is likely that the rights of creditors on their receivables will be fulfilled.]]>
<![CDATA[Perlindungan Hukum terhadap Hak Kepemilikan Objek Jaminan Fidusia yang telah dialihkan Tanpa sepengetahuan Kreditur ]]>
<![CDATA[Semuel Willem Simaela]]>;
<![CDATA[Jenny Kristiana Matuankotta]]>;
<![CDATA[Sarah Selfina Kuahaty]]>
<![CDATA[ TATOHI: Jurnal Ilmu Hukum Vol 3, No 2 (2023): Volume 3 Nomor 2, April 2023 ]]>
Publisher : <![CDATA[Faculty of Law Pattimura University ]]>
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DOI: 10.47268/tatohi.v3i2.1559
<![CDATA[Introduction: The transfer of a fiduciary guarantee must obtain approval from the Fiduciary Giver (Debtor) and the Fiduciary Recipient (Creditor) but in reality there is often a transfer process by the Fiduciary Giver to the buyer who is the third person which is carried out without the knowledge of the Fiduciary recipient (Creditor).Purposes of the Research: The purpose of this paper is to find out and analyze the Legal Protection of Ownership Rights of Fiduciary Guarantee Objects that have been transferred without the knowledge of the creditor. Methods of the Research: The research method used is normative juridical research, the type of research is descriptive analytical. The sources of legal materials used are primary, secondary and tertiary legal materials. The technique of collecting legal materials used in this research is through literature study. The analysis of legal materials is descriptive qualitative.Results of the Research: The results showed that: 1). Legal protection for third parties who have received ownership rights over the object of fiduciary security carried out by the fiduciary giver (debtor) without the knowledge of the fiduciary guarantee recipient (creditor) has never been regulated in the Fiduciary Law. 2). As explained in Pasal 19, Pasal 21 ayat 1, 2, 3, and 4, Pasal 24 and Pasal 25 of the Fiduciary Law that payments for installments on the object of fiduciary security that have been transferred by the fiduciary guarantee provider (debtor) to a third party are made without the knowledge of the fiduciary recipient (creditor) is still part of the debtor's obligation to pay off the installments of the fiduciary guarantee]]>
