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Muchtar A H Labetubun
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INDONESIA
TATOHI: Jurnal Ilmu Hukum
Published by Universitas Pattimura
ISSN : -     EISSN : 2775619X     DOI : -
Core Subject : Social,
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
Perlindungan Hak Asasi Manusia Pekerja Migran Di Qatar Terhadap Sistem Kafala Berdasarkan Konvensi International Labour Organization Nomor 143 Tahun 1975 Tentang Pekerja Migran Azarya Gerry Likumahua; Arman Anwar; Richard Marsilio Waas
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.v3i4.1796

Abstract

Introduction: Migrant workers have human rights that must be respected and protected.Purposes of the Research:  This paper aims to find out and analyze the regulations on the protection of the human rights of migrant workers in terms of ILO Convention Number 143 of 1975 concerning migrant workers and to find out and analyze the kafala system in Qatar contrary to ILO Convention Number 143 of 1975 concerning migrant workers.Methods of the Research: The method used is a normative juridical research method using a case approach and a statutory approachResults of the Research: The results of the study show that the ILO Convention 143 of 1975 concerning Migrant Workers has guaranteed the respect and protection of the human rights of migrant workers, while the Kafala system is based on the Qatar Constitution which is based on Islamic sharia law where the legal relationship between the employer (insurer) and the worker (insured) must be mutually agreed upon. in the contract (agreement) in the principle of trust (sponsorship) imbued with the spirit of religiosity, but in practice its implementation has been misused by employers and companies for the benefit of their personal gain so that they are no longer trustworthy in carrying out their responsibilities as stipulated in the Kafalah system. The Kafala system needs to be reviewed and evaluated by the Government of Qatar so that in its application it is no longer misused. Meanwhile, the ILO needs to provide a firm response to the occurrence of human rights violations of migrant workers in Qatar so that they do not happen again in the future.
Perdagangan Satwa Liar Ditinjau Dari Convention On International Trade In Endangered Species Of Wild Fauna And Flaura Nur Afya Ramadanti; Lucia Charlota Octovina Tahamata; Wilshen Leatemia
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.v3i4.1797

Abstract

Introduction: Smuggling, trading, and theft of protected wild animals have increased quite high, such as orangutans, tigers, primates, and various other types of wildlife. It was recorded that since 2014 there were 14 cases until in 2016 the cases increased to 25 cases of illegal wildlife trade. This will have an impact on the lack of heritage biodiversity for mankind.Purposes of the Research: To find out about protection against wildlife trade according to the Convention On International Trade In Endangered Species Of Wild Fauna And FlauraMethods of the Research: The research used is normative juridical research. The research approach uses a legal approach, a conceptual approach and a case approach. Sources of research data are primary, secondary, tertiary data which is carried out by searching for library materials, namely studies related to international and national laws and regulations. The collection of legal materials is then analyzed qualitatively.Results of the Research:  Wildlife protection according to the CITES convention is discussed in the classification of endangered species, non-threatened species, and registered species based on Appendix I, Appendix II and Appendix III. Appendix I lists and protects all wild flora and fauna species that are threatened with extinction so that they are prohibited from all forms of international trade. Meanwhile, Appendix II contains a list of Appendix II that are not threatened with extinction, but may be threatened with extinction if the trade in these species is not controlled. Then on the Appendix. III contains a list of flora and fauna species that have been protected by a certain country within the boundaries of their habitat area. The state must be responsible for the preservation of protected animals. Indonesian national laws regarding the protection of wild animals as well as endangered species should be maximized by conducting socialization to the public. The perpetrators of trade in protected wildlife must be given appropriate punishment and the need for a firm attitude from the government towards those who trade in animals in order to provide a deterrent effect for the perpetrators
Eksploitasi Anak Jalanan Sebagai Manusia Silver Di Kota Bandar Lampung Zainudin Hasan; Refi Shely Ristianti; Elin Novita; Sarah Uli Ferianti
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.v3i4.1798

Abstract

Introduction: Silver man is widespread in big cities in Indonesia, such as Jakarta, Surabaya, Yogyakarta, Bandung, and Lampung, and is expected to breed in 2020.Purposes of the Research:  The purpose of this study is to describe one form of child exploitation, namely the silver man in the city of Bandar LampungMethods of the Research: The research methodology used is a normative legal research methodology.Results of the Research: Based on the results of the study, several children who became silver humans in Bandar Lampung City were reported to have done it on their own accord. Some claim that silver men have agencies that actively recruit them from various regions and place them in specific locations, usually at urban red lights. There are more silver age people who are children than those who drop out of school because these people cannot continue their education because of the weak economy. Some of them are still in school.
Pertanggungjawaban Pidana Terhadap Pelaku Eksibisionisme Delton Geisberth Jaranmassa; John Dirk Pasalbessy; Denny Latumaerissa
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.v3i4.1799

Abstract

Introduction: In the development of modern times there are many changes that occur, both in technology, crime, even due to sexual deviation, in the Criminal Code in article 281 it reads that whoever intentionally and in front of other people who are there against his will violates decency. They are threatened with imprisonment for a maximum of two years and eight months, but in reality there are cases of crimes against decency, namely exhibitionism, which are not subject to punishment or acquittal.Purposes of the Research:  The purpose of this research is to study and analyze exhibitionism acts that can be qualified as pornographic acts and to analyze the criminal liability of exhibitionism acts.Methods of the Research: The research method in this study is normative legal research, using a law approach, a case approach related to this research.Results of the Research: Based on research results. Exhibitionism can be qualified as action porn because the act of exhibitionism fulfills the elements of action porn where the act is carried out in a public place not through the media, so that exhibitionism acts are classified as a crime of decency but exhibitionism acts cannot be held criminally accountable, some can indeed be punished and there are also those who cannot be held criminally responsible because they fulfill the elements of article 44 of the Criminal Code, in which anyone who commits an act that cannot be held accountable to him because his soul is disabled in growth or disturbed by disease cannot be punished.
Pertanggungjawaban Pidana Terhadap Pelaku Usaha Penimbun Minyak Goreng Bersubsidi Mega Sofia Tawainella; Hadibah Zachra Wadjo; Judy Marria Saimima
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.v3i4.1800

Abstract

Introduction: Currently, most cooking oil in circulation tends to be pegged at the old price or above the Highest Retail Price (HET) set by the government some time ago.Purposes of the Research: This research aims to analyze and explain criminal liability for business actors who hoard subsidized cooking oil. Analyze and explain supervision and law enforcement for business actors who hoard subsidized cooking oil. Methods of the Research: The type of research used is normative, namely research that focuses on providing a systematic explanation that regulates a certain category. The problem approaches are the statutory approach and the conceptual approach. Collecting legal materials through primary legal materials is then linked to secondary legal materials. Management and analysis of legal materials are described qualitatively.Results of the Research: Entrepreneurs in the business of hoarding subsidized cooking oil can be held criminally liable, namely in the form of imprisonment, compensation for fines or revocation of business permits. Regarding supervision and law enforcement for business actors hoarding cooking oil, it is still felt to be inadequate because law enforcement's understanding of the hoarded cooking oil commodity is whether it is a prohibited commodity or carries a criminal penalty if hoarding occurs and feels this is a problem for the Ministry of Trade and regional governments. The author would like to add that there is no criminal liability for the case of hoarding cooking oil because what is being processed is not a corruption crime at the Ministry of Trade involving entrepreneurs and the Director General of the Ministry of Trade.
Keabsahan Proses Pembuktian Perkara Pidana Dalam Persidangan Yang Bersifat Online Tirza Gloria Latupeirissa; Deassy Jacomina Anthoneta Hehanussa; Julianus Edwin Latupeirissa
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.v3i4.1801

Abstract

Introduction: Writing with the title: "The Validity of the Process of Proving Criminal Cases in Online Trials", has a problem formulation whether the process of proving criminal cases carried out online is accepted according to the Criminal Procedure Code and how to prove criminal cases ideally.Purposes of the Research:  This writing is intended to analyze and explain the process of proving criminal cases in online courts and ideally proving criminal cases.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.
Intervensi Republik Vanuatu Dalam Persoalan Papua, Perspektif Hukum Internasional Andi M Anshari Yusri; Lucia Charlota Octovina Tahamata; Richard Marsilio Waas
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.v3i5.1804

Abstract

Introduction: The principle of Non-Intervention as a form of recognition of international law. Starting from the principle of Non-Intervention in 2016, one of the countries in the Pacific Ocean, the Republic of Vanuatu for the first time raised the issue of human rights violations in Papua Province at the UN General Assembly.Purposes of the Research: This writing aims to understand and find out the regulations regarding the intervention of the republic of Vanuatu in the province of Papua, from an international legal perspectiveMethods of the Research: The research method used is a normative juridical research method as well as sources of legal materials which include legal materials, primary, secondary legal materials and tertiary legal materials. The collection of legal materials is done through literature study and analysis.Results of the Research: The results of this study explain that the regulation of intervention in international legal instruments has been strictly and precisely regulated in international law. This is contained in the provisions of the United Nations Charter, namely in article 2 paragraph (7) which explains that every country in conducting international relations is prohibited from intervening in the domestic affairs of other countries. In the United Nations Charter article 2 paragraph (7) the intervention carried out by the State of Vanuatu is an attitude and statement that is not justified in international law because it is contrary to the principles of international law.
Urgensi Penetapan Air Defense Identification Zone Pada Kawasan Regional Astuti Astuti; Josina Augustina Yvonne Wattimena; Irma Halimah Hanafi
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.v3i5.1805

Abstract

Introduction: Air Defense Identification Zone (ADIZ) is a zone for identification purposes in the air defense system for a country, which according to international custom generally extends from the territorial area of a country to reach the air space above the free sea bordering the country.Purposes of the Research: to find out the setting of the Air Defense Identification Zone and what is the urgency of establishing the Air Defense Identification Zone in the regional area. The method used in writing this thesis is a normative research method. The legal materials used are primary, secondary and tertiary legal materials.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 obtained are that the regulation of the Air Defense Identification Zone (ADIZ) according to international law is, based on the provisions of the 1944 Chicago Convention, customary international law and also Article 51 of the United Nations Charter, furthermore with the stipulation of ADIZ in a regional area can be considered a defensive step. to provide advance notice of potential threats and efforts to improve flight safety in the region and provide benefits to national and international aviation safety.
Perlindungan Hukum Data Pribadi Konsumen Terhadap Pelaku Usaha Jasa Keuangan Gian Chelvanno Hiariej; Teng Berlianty; Marselo Valentino Geovani Pariela
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.v3i5.1806

Abstract

Introduction:  Financial services businesses use personal data in the form of consumer telephone numbers as information and communication to enable the distribution of data and information on financial products, in this case such as credit offers and/or service offers, quickly and directly with consumers or potential consumers.Purposes of the Research:  (1.) To know and understand the legal protection of consumers regarding the personal data used. (2.) How is the application of the principle of rights in Consumer Personal Data Law to Financial Financing Service Business Actor.Methods of the Research: The author uses normative juridical law 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 application of the principle of the right to confidentiality, the right to security and the right to comfort in relation to the consumer's personal data, there are still errors or violations in implementing these principles by business actors or employees of the service business actors. The application in making offers by business actors is wrong, causing consumer discomfort. Which is the real purpose of the consumer protection law and the rules regarding consumer protection in the financial services sector issued by the OJK aimed at protecting consumer rights, one of which is the right to comfort. In SEOJK 12/2014, it is clear that financial services business actors are prohibited from contacting consumers to promote or offer a product through personal communication without any request and approval from consumers.
Penundaan Pemilihan Umum dalam Sistem Ketatanegaraan Indonesia Srye Micze Ridua; Jemmy Jefry Pietersz; Hendry John Piris
TATOHI: Jurnal Ilmu Hukum Vol 3, No 6 (2023): Volume 3 Nomor 6, Agustus 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i6.1821

Abstract

Introduction: The 1945 Constitution of the Republic of Indonesia does not regulate the postponement of elections and clearly emphasizes that elections are held once every five years, but the discourse on postponing elections has been discussed in Indonesia. Purposes of the Research: The constitutionality of postponing elections and the legal consequences of postponing elections in the Indonesian constitutional system. Methods of the Research: The research method used is normative juridical with statutory and conceptual approaches.Results of the Research: The results of this study concluded that the postponement of elections can use the form of postponement of subsequent elections in the Election Law because the form of postponement of elections in the Election Law does not conflict with the 1945 Constitution of the Republic of Indonesia. Even though the 1945 Constitution of the Republic of Indonesia has stated that elections are held once every five years, in realizing the postponement of elections there is a constitutional way, namely there is a constitutional mechanism, namely through amendments to the 1945 Constitution of the Republic of Indonesia. The postponement of elections also affects the term of office of the President and Vice President as well as members of the DPR, DPD and DPRD

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