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Muchtar A H Labetubun
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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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Penerapan Hukum Terhadap Tindak Pidana Penyebaran Konten Pornografi Berdasarkan Presfektif Restorative Justice Fitrah Azizah Alif Permatasari; Deassy Jacomina Anthoneta Hehanussa; Yonna Beatrix Salamor
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.v3i2.1560

Abstract

Introduction: The spread of pornographic content can be qualified as a crime because it fulfills the criminal element, namely the objective element and the subjective element.Purposes of the Research: To analyze and discuss Restorative Justice can be used in solving pornographic cases. Methods of the Research: Normative research, with a statutory approach and a conceptual approach, the problem approach used is literature study. The sources of legal materials used are primary legal materials, secondary legal materials, and tertiary legal materials. Data collection techniques through qualitative analysis methods.Results of the Research: The spread of pornographic content can be qualified as a crime because it fulfills the criminal element, namely the objective element and the subjective element. Law enforcement The application of Restorative Justice can be used in every stage of the criminal justice system and the restorative justice process is only used if the general and specific requirements are met.
Proses Pemeriksaan Tindak Pidana Pemalsuan Surat Genose Pada Masa Pandemi Covid-19 Gabriel Makatita; Reimon Supusepa; Judy Marria Saimima
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.v3i2.1561

Abstract

Introduction: Forgery of letters is caused by unauthorized changes ( without valid permission ) to letter or documents.Threats to trevelers if they are found to have falsified a covid-19 free certificate with the aim of traveling in the midst of the covid-19 outbreak.Purposes of the Research: The purpose of the current study is to analyze and  discuse how the process of forgery of letters during the covid-19 pandemic can be classified as a criminal act of forgery of letter, as regulated in article 263 of the criminal code. Methods of the Research: The research method in this study is a noemative research, using a law approach and a conceptual approach. research data sources include primary, secondary, tertiary legal sources. Data collection techniques in the from of literature study. Processing and analysis of legal material used in writing is using qualitative analysis methods.Results of the Research: The result of the research show that the criminal act of forging letters as referred to in article 236 of the criminal code, which was found on Thursday 27 May 2021, around 18:30 WIT at one of the Travel Agents PT. Laperissa Chaur on Ay Patty  street, Ambon City. There were individuals who faked the GoNose covid-19 letter, the letter was made and assisted by suspect Rusrman, Husni Suatrean alias Nyong, Mahmudin alias Udin, and Rizky Nuralini Rizdianto alias Iki.
Pembinaan Terhadap Anak Binaan Residivis Di Lembaga Pembinaan Gabriella Fenisia Klarci Elias; John Dirk Pasalbessy; Hadibah Zachra Wadjo
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.v3i2.1562

Abstract

Introduction: The child is the mandate of God Almighty, who has the dignity and dignity of the whole person.Purposes of the Research: Analyze and describe the forms of fostering recidivist foster children at the Class II Ambon Special Children Development Institution and the influence between the results of fostering fostered children and criminal acts that were committed later. Methods of the Research: This research uses a research approach carried out juridically empirically. The data sources collected used field research (interviews) and literature research, using primary and secondary data. Data analysis using qualitative data analysis.Results of the Research: Based on the results of research and discussion, it can be concluded that the form of coaching for Recidivist Fostered Children at the Ambon Class II Children's Special Development Institution at the time of coaching includes: Personality Coaching, Skills Development, and Formal and Non-Formal Education and the influence between the results of coaching fostered children and criminal acts committed then there is no influence on the results of coaching fostered children,  because when the child returns to society the child has no confidence and no energy to act positively. Thus it will have a negative effect and there are opportunities that make children look at their world unkindly, feel that they are not treated fairly and create the potential for frustration to commit crimes in the future which results in no deterrent effect so as to cause a repeat of crimes in the future.
Pertangungjawaban Pidana Tim Anggaran Pemerintah Daerah Dalam Penetapan RKA-SKPD Yang Menimbulkan Kerugian Negara Weldy Vienando Lopulisa; Juanrico Alfaromona Sumarezs Titahelu; Erwin Ubwarin
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.v3i2.1563

Abstract

Introduction: The corruption case at the Ambon City Environmental and Solid Waste Service (DLHP) is getting hotly discussed by the Ambon city public. DLHP Ambon City, where one of the points that became the focus of the prosecution's indictment was the discrepancy in the standard analysis of spending on the fuel oil procurement project for the waste fleet belonging to the Ambon city government.Purposes of the Research: To know the form of abuse of authority by officials that result in state losses. And knowing that the Investigator Formulated the Elements of Abuse of Authority for the Crime of Corruption, the Ambon City Environment and Waste Office. Methods of the Research: The research method used in analyzing and discussing is normative juridical, a normative study must of course use a statutory approach because it is careful that various legal rules are the focus of a research. The legal materials used are primary, secondary and tertiary legal materials.Results of the Research: The results of the study point to the decision Number 32/Pid.Sus-TPK/2021/P stating that the defendant has been indicted by the public prosecutor and has been legally and convincingly proven guilty of committing a criminal act of corruption, as regulated and subject to criminal penalties in Article 3 in conjunction with Article 18 of the Republic of Indonesia Law. Number 31 of 1999 concerning Eradication of Criminal Acts of Corruption as amended by Law Number R.I. 20 of 2001 concerning Amendments to Law of the Republic of Indonesia Number 31 of 1999 concerning the Eradication of Criminal Acts of Corruption in conjunction with Article 55 paragraph (1) to 1 of the Criminal Code in the SUBSIDAIR ACCOUNT.
Kajian Kriminologi Terhadap Penyalahgunaan Minuman Beralkohol Tradisional Bagi Perilaku Remaja Yuni Kartika Latumahina; Margie Gladies Sopacua; Steven Makaruku
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.v3i2.1564

Abstract

Introduction: The habit of the people to drink traditional liquor in Ambon City is usually used more for traditional events and has become a tradition that still exists today, this is done with the aim of strengthening fraternal relations and maintaining unity, but it is different from the current situation where drinking more widely known by teenagers than among parents.Purposes of the Research: Aims to study and explain what factors cause the abuse of Alcoholic Drinks and the impact on the abuse of Alcoholic Drinks for adolescents in Galunggung, Ambon City. The method used in this paper is juridical sociology which in other words is field research. This type of research is descriptive analysis. Types and sources of data consist of primary data and secondary data. Data collection techniques were carried out by means of interviews, observations and literature studies. Analyzed qualitatively. Methods of the Research: In this legal research, the author uses sociological juridical research. Sociological juridical research is a field research. This type of sociological juridical research uses primary data, with primary data obtained directly from the source so that it is still in the form of raw data.Results of the Research: The results of the study that cause adolescents to abuse alcoholic beverages are caused by several factors such as adolescent individual factors, family factors, lack of religious education, economic factors and environmental factors.
Perlindungan Hukum Bagi Pencipta Atau Pemegang Hak Cipta Yang Ciptaannya Digunakan Sebagai Ringtone Rory Jeff Akyuwen; Wijaya Natalia Panjaitan
TATOHI: Jurnal Ilmu Hukum Vol 3, No 4 (2023): Volume 3 Nomor 4, Juni 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i4.1598

Abstract

Introduction: Law Number 18 of 2014 is one of the products of the law which regulates the authority and rights of creators for their creations. Specifically for music copyrights or hits related to the illegal sale of ringtones or ringtones that use songs belonging to the creators. This is of course detrimental to the creator and is a violation of copyright.Purposes of the Research: The aim is to balance the rights and obligations between creators or copyright holders and those who want to use them for commercial purposes.Methods of the Research: This writing uses a normative juridical research method, the legal materials used are secondary legal materials obtained through library research on primary, secondary and tertiary legal materials. Legal materials are discussed with a statutory approach, a concept approach and a case approach.Results of the Research: That in principle the process of proving criminal cases conducted online can be accepted according to the Criminal Procedure Code as an effort to fill the legal vacuum in the case of "certain circumstances" which are determined as emergencies or other circumstances. Whereas a criminal case evidence is said to be ideal, both in direct/normal trial and electronic/online trial, if it has fulfilled the evidentiary parameters, namely: implementation of proof principles/theory; evidence; submission of evidence; burden of proof; power of proof; and minimal evidence.
Perlindungan Hukum Terhadap Anak Yang Terlibat Kejahatan Terorisme Zafania Helsa Siahaya; Juanrico Alfaromona Sumarezs Titahelu; Denny Latumaerissa
TATOHI: Jurnal Ilmu Hukum Vol 3, No 3 (2023): Volume 3 Nomor 3, Mei 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i3.1595

Abstract

Introduction: Laws and regulations regarding terrorism, in practice there are still those who commit criminal acts of terrorism in Indonesia by attacking vital objects and public facilities.Purposes of the Research: The research aims to examine and discuss the forms of legal protection given to children who are involved in terrorism crimes and to examine and explain the mechanism of legal protection for children who are involved in terrorism crimes. Methods of the Research: The research method used is normative juridical with descriptive analytical research type, the technique of collecting legal materials by conducting library research on legal materials, namely primary legal materials and secondary legal materials. The technique of analyzing legal materials is obtained from a qualitative classification.Results of the Research: The results of this study indicate that the legal protection given to children involved in terrorism crimes includes guaranteeing and protecting children's rights, such as the right to live, grow, develop and participate optimally in accordance with human dignity and protection from violence and discrimination. And the Juvenile Criminal Justice System sees that the handling of children involved in terrorism crimes can be carried out with mechanisms such as an approach that purely prioritizes child welfare and an approach to legal intervention. The specificity of the juvenile justice process with the concept of restorative justice.
Penegakan Hukum Terhadap Peredaran Narkotika Jenis New Psychoactive Subtance di Indonesia Lisa Lisa; Deassy Jacomina Anthoneta Hehanussa; Yonna Beatrix Salamor
TATOHI: Jurnal Ilmu Hukum Vol 3, No 3 (2023): Volume 3 Nomor 3, Mei 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i3.1594

Abstract

Introduction: NPS or new psychoactive substance is a new type of narcotic where the type of substance or content contained in it has not been regulated or has not been classified in legal regulations in Indonesia.Purposes of the Research: To analyze and discuss formulation policies against NPS narcotics. Reviewing and discussing the obstacles encountered in law enforcement against the circulation of NPS narcotics in Indonesia. As one of the requirements to obtain a Bachelor of Laws degree at the Faculty of Law, University of Pattimura. Methods of the Research: This research is a normative juridical research. In this study, three approaches to the problem are used, namely the statutory approach and 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 is by collecting and grouping them according to their respective parts, both primary and secondary law. All data in this study were analyzed qualitatively.Results of the Research: The results of this study indicate that from several alternative formulation policies of the Narcotics Law, the appropriate formulation policy to be applied in the future is to change the provisions of Article 6 of the Narcotics Law as follows: narcotics as referred to in Article 5: narcotics class I, narcotics class I II, class III narcotics, all derivatives of class I, II, III narcotics. Although in the future, all evidence must be presented by experts in court to determine whether a particular class of substance is included in the definition of narcotics in the Narcotics Act. But we must prevent all new types of narcotic crimes from escaping the law while maintaining legal certainty. Meanwhile, law enforcement against the circulation of NPS narcotics in Indonesia has not been going well. This is because there are still obstacles encountered in law enforcement against the circulation of NPS narcotics in Indonesia, namely: legal substance factors, law enforcement factors, facilities and infrastructure factors, modes that are always changing and the silent movement carried out by suspects and factors geographical conditions of the Unitary State of the Republic of Indonesia (NKRI).
Urgensi Sertifikat Layak Kawin Dalam Hukum Perkawinan Wahdaniah Baharuddin
TATOHI: Jurnal Ilmu Hukum Vol 3, No 3 (2023): Volume 3 Nomor 3, Mei 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i3.1593

Abstract

Introduction: The course for prospective brides, which is then equated with Marriage Guidance, hereinafter referred to as bimwin, is a mandatory requirement that must be carried out by the prospective bride and groom before carrying out a wedding because the prospective bride and groom who have attended are given a certificate as proof of graduation which is a requirement for marriage registration. The certificate referred to before being used is given serial number/registration.Purposes of the Research: This study aims to determine the urgency of a certificate of eligibility to marry as a formal requirement in marriage law. Methods of the Research: This research is normative legal research. The approach is carried out by reviewing the literature or literature studies according to the problem under study.Results of the Research: This shows that the implementation of marriage guidance is a must for prospective husband and wife couples who want to get married. Every couple who wants to get married is required to attach a certificate of eligibility to marry that has been obtained after participating in the marriage guidance program. Prospective bride and groom must attach a certificate of eligibility to marry which has been given a serial/registration number. The obligation to attach a certificate as one of the administrative requirements for marriage registration has been regulated in statutory regulations, but because there are no strict sanctions against prospective brides who do not attend courses, the mandatory arrangement to attach a marriage certificate is a mere paper issue and provides an opportunity for the prospective bride and groom to not taking the course.
Pengesampingan Pasal Dalam Perjanjian Oleh Para Pihak Dikaitkan Dengan Asas Kebebasan Berkontrak Dyah Auliah Rachma Ruslan
TATOHI: Jurnal Ilmu Hukum Vol 3, No 3 (2023): Volume 3 Nomor 3, Mei 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i3.1592

Abstract

Introduction: Until now, in the practice of making contracts/agreements, in general, many parties have made waivers of articles in the Civil Code (hereinafter referred to as the Civil Code). In general, the articles that are set aside are Article 1266 of the Civil Code and Article 1267 of the Civil Code.Purposes of the Research: Provide an explanation of the articles in the Civil Code that can be waived and their relation to the principle of freedom of contract. Methods of the Research: The research method used is normative legal research. The main subject of the study is law which is conceptualized as a norm or rule that applies in society and becomes a reference for everyone's behavior.Results of the Research: Referring to the principle of freedom of contract, in making an agreement not only Article 1266 and Article 1267 of the Civil Code can be waived by the parties, but the parties can also waive the articles governing agreements in Book Three of the Civil Code as long as they fulfill the legal requirements of the agreement. and does not harm either party. Because Book Three of the Civil Code which regulates agreements adheres to an open system.

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