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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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Kekuatan Hukum Berita Acara Penyelesaian Sengketa Tanah Oleh Kelurahan Watolo Sebagai Alas Hak Atas Tanah Nur Fauzia; Adonia Ivone Laturette; Pieter Radjawane
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.v3i3.1591

Abstract

Introduction: Land dispute over the Watolo family was not settled for nearly two decades, on the initiative of one side so that the issue was taken to kelurahan to be settled mediation.Purposes of the Research: To find out the legal force of the minutes of the settlement of land disputes by Watolo Village which is used as the basis for land rights. Methods of the Research: The research method used is the type of normative legal research that is descriptive analytical.Results of the Research: Based on this research, the minutes issued by the kelurahan are not the minutes of the proper meeting and cannot be used as a basis for rights because there are no laws or regulations that guarantee the strength of law and legal certainty and the minutes cannot be used as a basis for internal rights but can be used as evidence by both parties when the land dispute is continued to the trial stage in court.
Covid -19 Sebagai Alasan Pemutusan Hubungan Kerja Jihan Ainun Mardian Septyawati; Merry Tjoanda; Sarah Selfina Kuahaty
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.v3i3.1590

Abstract

Introduction: The Covid-19 pandemic is a non-natural disaster event that makes termination of employment due to force majeure (force majuere) carried out by the company or work payments to workers / workers, which in this case refers to law number 13 of 2003 concerning manpower and law number 11 of 2020 concerning job creation and includes presidential decree number 12 of 2020 which stipulates covid 19 as a non-natural disasterPurposes of the Research:  The purpose of this study is to discuss Covid-19 as the reason for termination to find out as a reason for termination of employment where in carrying out termination of employment must perform obligations to fulfill the rights and obligations of workers.Methods of the Research: This research is a normative judicial research, the type of research is descriptive analysis through this research collecting data through primary and secondary legal materials then systematically to obtain conclusions or problems.Results of the Research: Termination of employment can be carried out by the company or employer due to the Covid-19 pandemic as a force majuere against / laborer, layoffs carried out based on the reasons of force majuere affect the company's obligation to fulfill the rights and obligations of the parties in the work agreement that has been mutually agreed upon, but also the rights and obligations that have been stipulated in various laws and regulations in the field of Manpower,  the basis of the general provisions regarding force majeure (force majuere) is regulated in the provisions of articles 1244 and 1245 of the Civil Code
Penerapan Hukum Adat Sasi Laut Dalam Melindungi Kelestarian Sumberdaya Alam Laut Di Desa Waria Kecamatan Aru Utara Timur Kabupaten Kepulauan Aru Cidra Wati Sorloy; Jenny Kristiana Matuankotta; Novyta Uktelseja
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.v3i3.1589

Abstract

Introduction: The application of marine sasi customary law is an effort to increase marine natural resources so that they can develop both biological and vegetable resources that are conserved within a certain period to develop growth and development for satisfactory results.Purposes of the Research: This study aims to know and examine how the regulation of sasi marine customary law in its application to the protection of the preservation of marine natural resources in the Waria Village of North East Aru (Batuly) Kepuluan Aru Regency. Methods of the Research: This writing was carried out with the type of empirical juridical research, namely research conducted to obtain data through observation, interviews, documentation, library studies.Results of the Research: The results of the study show that national regulations have not been able to anticipate technological developments and the development of legal needs in the context of managing and utilizing the potential of marine natural resources. The application of the customary law of the sea sasi plays an important role as an effort to protect and preserve marine natural resources.
Pembatasan Terhadap Hak-Hak Perempuan Oleh Taliban Perspektif Convention On The Elimination Of All Forms Of Discrimination Against Women Nur Reski Molle; Irma Halimah Hanafi; Popi Tuhulele
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.v3i3.1588

Abstract

Introduction: This research discusses about about restrictions on women's rights by the taliban perspective convention on the elimination of all forms of discrimination against women (CEDAW) 1979 relating to cases of discrimination against women by the Taliban in Afghanistan. The Taliban restricts women's rights leading to discrimination against women.Purposes of the Research: This study aims to restore the rights of women who are restricted by the Taliban related to women's rights convention on the elimination of all froms of discrimination against women (CEDAW) 1979. 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: from the writings of the Taliban who have controlled Afghanistan, the Taliban have restricted women's rights. The rights of women that are limited by the Taliban are the right to get decent work and education. In convention on the alimination of all forms of discrimination against women (CEDAW) 1979 Article 10 regulates education and article 11 regulates employment.
Pengaturan Tentang Milisi Dalam Hukum Humaniter Internasional Mitsel Sopacua; Johanis Steny Franco Peilouw; Veriena Josepha Batseba Rehatta
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.v3i3.1587

Abstract

Introduction: Militia, also know as savage troop groups, are groups of civilians that can function as a supplement to the regular military or as a challenger to counter military coups. The process of forming the militia occurred because of a conflict between a group and the state central government which resulted in conflict resulting in rebel groups being named militia or illegal troop groups.Purposes of the Research: To know about the arrangement of militias in armed conflict of a non-interntional nature. Methods of the Research: The research method used is normative research. This type of research has stages of scientific logic research based on the normative side. The legal materials in this research method are primary legal materials that are based on laws or laws that are said to be norms and also secondary legal materials that are guided by books. This research refers to international and non-international legal instruments.Results of the Research: The results of this study indicate that Militia arrangements are recognized as Belligerent as regulated in Article 1 of the Hague Convention IV of 1907 (Hague Regulations), Article 1 paragraph (1) of Additional Protocol II of 1977, in the 1949 Geneva Conventions and the 1977 Additional Protocol requiring organizations to protect and assist civilians who are victims of armed conflict. The responsibility for the action of the militia is the rebel command not only in times of armed conflict but also in times of peace.
Tinjauan Hukum Terhadap Masuknya Kapal Nelayan Asing di ZEE Indonesia Berdasarkan UU No. 5 Tahun 1983 Tentang ZEE Avan Caezhar Prayugo; Marthinus Kainama; Arman Anwar
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.v3i3.1586

Abstract

Introduction: The EEZ has the greatest natural wealth potential for Indonesia, so the Indonesian government issues various types of legal products to secure and protect and enforce the law in Indonesian waters, especially in the EEZ area.Purposes of the Research: To analyse the regulation of the entry of foreign fishing vessels in the Indonesian EEZ which is contrary to Law Number 5 of 1983 concerning the EEZ, and to analyze the Security and Supervision of Foreign Fishing Vessels in the Indonesian EEZ based on Law Number 5 of 1983. Methods of the Research: The research method used is normative juridical. by using (state approach) and (statute approach). And sources of primary, secondary and tertiary legal materials as well as literature studies, then analyzed qualitatively.Results of the Research: The results show that the entry of foreign-flagged fishing vessels in the Indonesian EEZ is not prohibited because it is not an Indonesian sovereign territory so that foreign vessels have the right to freedom of navigation in the EEZ, but when in their voyage they carry out prohibited activities such as exploration and exploitation of natural resources. biological and non-biological resources found on the seabed and the soil below it as well as the water column and water space above it (without a permit) is an act of violating the law in Indonesia's EEZ (Article 13 of Law Number 5 of 1983). Securing and supervising foreign fishing vessels in the Indonesian EEZ must be carried out in a synergistic and coordinated manner between the TNI-AL, BAKAMLA and POLRI as well as other authorities in accordance with their respective roles and duties.
Pelaksanaan Perjanjian Babalu Dalam Masyarakat Negeri Sanahu Yoseph Batlolona; Barzah Latupono; Sarah Selfina Kuahaty
TATOHI: Jurnal Ilmu Hukum Vol 3, No 5 (2023): Volume 3 Nomor 5, Juli 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i5.1807

Abstract

Introduction: In everyday life, humans cannot be separated from carrying out agreement activities, both written and unwritten.Purposes of the Research: To study and analyze the implementation of the babalu agreement in Negeri Sanahu, To review and design a babalu agreement that can provide benefits to the parties, As one of the requirements to complete studies at the Faculty of Law, University of Pattimura.Methods of the Research: Normative juridical research method, which is to obtain data from the library in the form of documents, books, magazines and other literature related to writing. The sources of legal materials used are Primary legal materials, Secondary legal materials, and Tertiary legal materials and are used as a technique for collecting legal materials, then processing and analyzing legal materials through qualitative analysis, namely the data obtained and then arranged systematically for further qualitative analysis based on scientific disciplines. civil law to achieve clarity of issues to be discussed.Results of the Research: Babalu agreement is an agreement that is often used by people in the State of Sanahu, West Seram Regency with certain provisions and there are rights and obligations between land owners and sharecroppers. If the agreement made and agreed upon by the parties and witnesses (customary leaders) is violated, the violator will receive sanctions in the form of termination of work if the violation is on the part of the sharecropper, and if the land owner violates the law, the results that are managed completely belong to the sharecropper. Without repaying the land owner. If the agreement is violated by one of the parties, then the legal consequences are in accordance with Article 1338 of the Civil Code, namely if anyone who violates the agreement will receive a penalty as stipulated in the law.
Analisa Pertimbangan Hakim Terhadap Gugatan Salah Objek Dalam Perkara Perdata No 19/Pdt.G/2020/PN Msh Kristin Atihuta; Merry Tjoanda; Pieter Radjawane
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.v3i4.1793

Abstract

Introduction: Civil lawsuits can meet the formal and material requirements that will be submitted to the court so that no formal or material defects are found in the lawsuit. Purposes of the Research: The purpose of this article is to find and analyze how the legal consequences of a formal or material defect in a lawsuit and judges consideration about wrong object lawsuit in the land rights disputes in a court Methods of the Research: The research method used is normative judicial with a statutory approach and conceptual approach and Sources of research legal materials include primary, secondary, tertiary legal sources. Data collection techniques in the form of literature study. Processing and analysis of legal materials used in writing is using qualitative analysis method.Results of the Research: The result of this research is that there is a formal defect in the Plaintiff's lawsuit based on the facts in the case examination in court. The Plaintiff cannot prove the argument of his lawsuit because there are differences in the object of the land dispute being sued in this case. Therefore, in filing a good and correct land dispute claim, it must meet the formal and material requirements that have become the basis of a civil lawsuit. with the consideration that the case is unacceptable.
Dampak Covid-19 Bagi Para Pihak Dalam Perjanjian E-Commerce Monalesya Dince Sapulette; Agustina Balik
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.v3i4.1794

Abstract

Introduction: One of the most important consumer rights is the right to comfort and safety in consuming goods and/or services. The emergence of the Covid-19 pandemic has become a challenge for consumers, both in consuming goods for their daily needs and services through e-commerce sales and purchase agreements. Therefore, the right of consumers to comfort and safety in consuming goods and/or services is based on Article 4 of Law No. 8 of 1999 concerning consumer protection during the Covid-19 pandemic.Purposes of the Research: This study aims to find out how consumer legal protection is during the Covid-19 pandemic and how the impact of Covid-19 on the parties in e-commerce agreements.Methods of the Research: In writing this thesis the author uses normative research methods, uses a factual approach and statutory approach. Normative legal research is also known as doctrinal legal research, and is then analyzed qualitatively descriptively in order to produce a conclusion.Results of the Research: Based on the research results obtained, that consumer protection is all efforts made to protect the interests and ensure legal certainty for consumers. In this effort, the rights and obligations of consumers and business actors cannot be separated. The Covid-19 pandemic has had a major impact on consumers' rights to comfort and safety in consuming goods and/or services in e-commerce agreements. Therefore, legal protection for consumers is needed both preventively and repressively so that every consumer's rights can be protected and their rights are maintained.
Kajian Tentang Pembagian Harta Warisan Dari Suami Istri Yang Telah Meninggal Dunia Tanpa Keturunan Menurut Hukum Islam Putri Samiat; Barzah Latupono; La Ode Angga
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.v3i4.1795

Abstract

Introduction: Husband and wife who died left joint property both movable and immovable property where both husband and wife did not have children.Purposes of the Research: The goals to be achieved in this study are as follows: 1. To find out and analyze the division of inheritance of husband and wife who have died without offspring according to Islamic law. To find out and analyze the legal consequences if the inheritance of a husband and wife who has died without offspring is controlled by her husband's family according to Islamic law.Methods of the Research: This research is a type of normative legal research in which legal research whose object of study includes provisions of legislation and legal materials that are documentary, with the subject of Study on the Division of Inheritance From Husband and Wife Who Have Died According to Islamic Law.Results of the Research: The results obtained from this study are: 1. The division of inheritance of husband and wife who have died according to Islamic law, namely If referring to Article 179 compilation of Islamic Law (KHI) that is, if in marriage no child is born and the husband and wife has died and does not leave children and parents, then the right as heirs to the property of the husband and wife, namely the family of the husband and family on the part of the wife.The part that must be obtained by the husband's family and the wife's family when referring to Article 179 KHI is 1/2 part of the husband's family and 1/2 part of the wife's family. As a result of the law if the inheritance of the deceased husband and wife is controlled by the husband's family according to Islamic law, which is contrary to Article 97 KHI, where it is said that the inheritance of the deceased husband and wife must be divided by one-second (1/2) part for the family of the deceased Wife and one-second (1/2) part for the deceased husband's family.

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