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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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Penolakan Pasien Dalam Keadaan Darurat Karena Belum Divaksin Nandito Joi Sangadji; Hadibah Zachra Wadjo; Carolina Tuhumury
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.v3i5.1808

Abstract

Introduction: Criminal liability arises when the damage caused by the negligence of the hospital's medical staff meets three factors: The three factors are the presence or absence of negligence, wrongdoing, and other relevant sanctions. In addition, under the criminal justice system, if a company commits a crime, its owner can be jailed or fined.Purposes of the Research: This study aims to analyze and explain the refusal of patients in an emergency situation because they have not been vaccinated against the Health Law Number 36 of 2009 and to analyze and explain the legal policy mechanism taken for patients in an emergency situation because they have not been vaccinated who are referred to the hospital.Methods of the Research: The type of research used is normative, which is focused on providing explanations that explain a particular category. Approach the problem of the statute approach (statute approach) and the conceptual approach (conceptual approach). The collection of legal materials through primary legal materials is then free from secondary legal materials. The processing and analysis of legal materials is described in a qualitative way with the aim of describing the findings in the field.Results of the Research: The refusal of patients in an emergency situation because they have not been vaccinated is contrary to the Health Law No. 36 of 2009. In which the Law of the Republic of Indonesia No. 36 of 2009 concerning Health has regulated the refusal of health services by hospitals. The legal policy mechanism that is taken for emergency patients because they have not been vaccinated is that they still pay attention to the existing legal rules for both patients and for the hospital, by prioritizing patient safety first, all patients are entitled to outpatient medical services, inpatient care, or emergency department at a health facility. This is regulated in the Law of the Republic of Indonesia number 29 of 2004 concerning medical practice, Law of the Republic of Indonesia number 36 of 2009 concerning health. The refusal to take care of the patient's health is ignored by medical institutions, because it can worsen the patient's condition.
Pengenaan Sanksi Pidana Denda Bagi Orang Yang Menolak Untuk Divaksin Rivaldo Laimeheriwa; Deassy Jacomina Anthoneta Hehanussa; Jacob Hattu
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.v3i5.1809

Abstract

Introduction: People still feel unsafe and refuse vaccines to prevent Covid-19.Purposes of the Research: This review aims to discuss and analyze the imposition of criminal sanctions, fines and refusal of vaccines as being categorized as criminal acts.Methods of the Research: This writing is yuridis normatif.ast the Statute Approach, Conceptual Approach,and Case Approach sources of legal materials use in research on legal materials primer,legal materials sekunder.supporting data and information are identified and the systematicallyanalyzed for interpretation abd argumentation to gt conclusion about the problemResults of the Research: Thet imposition of fine for vaccine refusal is a criminal sanction that basically guarantees the rehabilitation of prepetratros, but fine are often imposed as a threat to human freedom
Penerapan Keadilan Restoratif Dalam Penyelesaian Kasus Kecelakaan Lalu Lintas Yang Mengakibatkan Matinya Orang Sempaty Yehuda Tasane; Juanrico Alfaromona Sumarezs Titahelu; Lionie Lokollo
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.v3i5.1810

Abstract

Introduction: Penyelesaian perkara pidana melalui keadilan restoratif pada tahap penyidikan dikirimkan ke Jaksa Penuntut Umum dan penerapannya terhadap semua tindak pidana yang tidak menimbulkan korban manusia sehingga menimbulkan masalah dalam penerapannya.Purposes of the Research: This research is a normative-empirical juridical research using a statutory approach and a case approach.Methods of the Research: Primary data collection techniques through field research and library research to obtain secondary data.Results of the Research: The results of the study that the application of restorative justice in the settlement of traffic accident cases, the Center was carried out by the Investigator after there was peace between the perpetrator and the victim's family which was carried out after the Investigator sent a Notice of the Commencement of the Investigation to the Public Prosecutor so that the handling of the case was not continued. The factors that influence the application of restorative justice in the settlement of traffic accident cases consist of law enforcement factors, namely the investigator's knowledge and understanding of the applicable laws and regulations, the legal substance factor, namely the substance of the Circular Letter of the Chief of Police which regulates material requirements that do not accommodate the settlement of cases.  with human victims and formal requirements regarding the period of time in the application of restorative justice only to criminal acts at the investigation stage before sending the Notification of the Commencement of Investigation, and community legal cultural factors related to values, attitudes and behavior in people's lives so that they influence decision making to settle accident cases. The traffic it experiences through restorative justice.
Penetapan Pajak Penghasilan Pasal 21 Di Tengah Corona Virus Disease 19 Dalam Anggaran Pendapatan Dan Belanja Negara Johanes Kristianto Pratama Limbers; Salmon Eliazer Marthen Nirahua; Heillen Martha Yosephine Tita
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.v3i5.1811

Abstract

Introduction: This research discusses the Covid 19 pandemic which has an impact on tax revenue collection so that it affects the state revenue and expenditure budget.Purposes of the Research: To find out and analyze state revenue through Article 21 income tax during the corona virus disease 19 period in accordance with the determination of the state revenue and expenditure budget..Methods of the Research: This study uses a normative juridical research type with a descriptive analysis type of research which in the problem approach uses a law, conceptual and case approach with primary, secondary and tertiary legal materials which are then used qualitative analysis techniques.Results of the Research: The Covid-19 pandemic has actually become a threat to all countries and all aspects, so it is not surprising that Article 21 income tax which is part of taxes in general and sources of state finances is also being threatened. As is known, in order to finance state expenditures, it must be stated in the state revenue and expenditure budget. Both the 2020, 2021 and 2022 state revenue and expenditure budgets continue to divert budgets for sectors impacted by Covid 19, one of which is the Article 21 income tax, which is then given incentives by the government for taxpayers. in accordance with the determination of the state revenue and expenditure budget due to Covid 19.
Problematika Buruh Outsourcing Pasca Putusan Mahkamah Konstitusi Nomor 91/PUU-XVIII/2020 Siti Zumrah Koly; Saartje Sarah Alfons; Merlien Irene Matitaputty
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.v3i5.1812

Abstract

Introduction: Changes to the provisions regarding outsourcing in the Job Creation Law have substantively eliminated legal protection for outsourced workers and workers in general and perpetuated the contract system by expanding the scope of work of outsourced workers.Purposes of the Research: This writing aims to find out the problems experienced by outsourcing workers after the decision of the consitutional court number 91/PUU-XVIII/2020.Methods of the Research: The research method in this paper uses a normative juridical research type, namely the process to find the rule of law, legal principles and legal doctrine to answer the legal issues faced. By using the research approach statue approach (approach of Act), conceptual approach (conceptual approach), philosophical approach and sociological approach as a supporting approach.Results of the Research: Based on the results of the study, it was  found that after decision of the constitutional court number 91/PUU-XVIII/2020 brought several problems for workers, especially outsourcing workers as contained in law number 11 of 2020 concerning job creation and also had not accommodated the perpective of Indonesian legal products regarding that fulfillment of labor rights in law number 11 of 2020 concerning job creation, including : (1) continuing to perpetuate the outsourcing system which was massively rejected when it was encated in law number 13 of 2003 concerning manpower, (2) the loss of restrictions on the types of work that can be outsourced in order to benefit the company to reduce production costs in terms of wages because the outsourcing system in determining wages has three components that are distibuted, namely outsourcing companis, outsourcing workers, and service user companies, (3) threatened with unilateral layoffs because in the changes to the provisions for layoffs in law No or 11 of 2020 concerning job creation states that layoffs are sufficient to be carried out throught notification from.
Tanggung Jawab Negara Terhadap Pengungsi Dan Pengaruhnya Bagi Hubungan Diplomatik, Perspektif Konvensi Wina 1961 Marlin Paulina Laiyan; Arman Anwar; Lucia Charlota Octovina Tahamata
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.v3i6.1813

Abstract

Introduction: The Afghan government's pro-Western policies and secular ideologies caused a strong reaction from radical groups who wanted to establish a new Afghan government, resulting in a civil war in Afghanistan.Purposes of the Research: The purpose of this study is to examine and discuss the implementation of state responsibilities and their impact on Afghan refugees in Indonesia for diplomatic relations, from the perspective of the 1961 Vienna Convention.Methods of the Research: This research is based on the normative legal research method which is also known as library research. The approach used is a conceptual approach, a statutory approach, and a case approach. The procedure for collecting legal materials is carried out by studying and analyzing library materials in relation to literature, conventions, and laws. Processing and analysis of legal materials is carried out by examining, researching, and compiling legal materials in an orderly and logical manner to ensure the completeness of legal materials so that they can be interpreted.Results of the Research: Based on the results of research on state responsibility for refugees and its effect on diplomatic relations, the perspective of the 1961 Vienna Convention. The principle of state sovereignty in international relations has a very large influence on the right of a country to control a government territory, society or over itself so that in practice it is against refugees a state is negligent or violates what is required by international law, namely in providing protection, promotion and respect for human rights based on a treaty and customary international law. As an example; there are several countries that are parties to the 1951 Convention, act to receive and provide protection, expel and return refugees to other places or to their countries of origin where these actions have violated the Non-Refoulement Principle Article 33 paragraph 3 which is basically related to the principle of protecting human rights. Meanwhile, there are also countries that, although not participants in the 1951 Convention, accept and make laws and regulations that apply to refugees to ensure the protection of human rights that refugees do not get because of conflicts that occur in their place or country of origin.
Fungsi Dewan Keamanan PBB Dalam Penyelesaian Konflik Bersenjata Internasional Maryam Marasabessy; Irma Halimah Hanafi; Josiana Agusthina Yvonne Wattimena
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.v3i6.1814

Abstract

Introduction: This study discusses the function of the UN Security Council in resolving international armed conflicts which have a very large role in fighting for and providing maintenance of world peace and security. The UN Security Council has a very large role in being a peacekeeper to stabilize conflicts related to information such as human rights, disarmament, gender, humanitarian relations and political affairs. The implementation of international law provisions in the UN Charter has not been carried out optimally because there are still countries that do not comply with the rules that have been set. Purposes of the Research: This study aims to identify and examine the functions of the Security Council in the structure of the UN international organization and to identify and examine the functions of the UN Security Council in resolving international conflicts according to the UN charter.Methods of the Research: The research method used is normative juridical research. This research is called library research because normative juridical research is carried out by examining sources of legal material using a law approach and a case approach. The use of legal material sources consists of primary, secondary and tertiary legal materials. The technique of collecting this research was done through library technique.Results of the Research: The United Nations Security Council as one of the main organs in the United Nations has functions and powers which are generally regulated in Articles 24 to 26 of the United Nations Charter which includes members of the United Nations giving the Security Council the main responsibility for maintaining international peace and security as well as having the responsibility in formulating plans to be submitted to members of the United Nations for the establishment of a system of arms regulation. In the conflict in Central Africa, the implementation of these provisions has not been carried out optimally because there are still violations by several parties by not complying with the policies issued by the Security Council. It requires the commitment of all disputing parties to comply with the applicable provisions of Humanitarian Law and provide strict sanctions against those who violate them.
Kesesuaian Putusan Pengadilan Agama Ambon Nomor 220/Pdt.G/2021/Pa.Ab Tentang Izin Berpoligami Iftin Yuninda Hart; La Ode Angga; Sabri Fataruba
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.v3i6.1815

Abstract

Introduction: The Marriage Law adheres to the principle of monogamy because the law and religion of the person concerned allows it, a husband can have more than one wife if he meets the requirements.Purposes of the Research:  To review the Ambon Religious Court through its decision Number 220/Pdt.G/2021/PA.Ab has given permission to the applicant to carry out polygamy without fulfilling the provisions contained in the Law.Methods of the Research: The writing method is normative juridical, with three approaches, namely the conceptual approach, the statutory approach and the case approach.Results of the Research: The results of this research show that the decision of the Ambon Religious Court Number 220/Pdt.G/2021/PA.Ab which has given permission to the applicant to practice polygamy is contrary to Article 4 paragraph 2 of the Marriage Law.
Tanggung Jawab Pelaku Usaha Terhadap Cacat Tersembunyi Pada Sepeda Motor Baru Vika Chairil Bachta; Teng Berlianty; Theresia Louize Pesulima
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.v3i6.1816

Abstract

Introduction: Consumers generally do not know the parts of motorbikes, so it is possible that business actors already know that there are hidden notes on the motorbike and violate consumer rights. Business actors should provide guarantees to consumers as motorbike buyers by providing guarantees in accordance with their rights consumer.Purposes of the Research: This writing aims to examine the dealer's responsibility for hidden defects in the sale and purchase of new motorcycles and to examine the legal remedies that can be taken by consumers for hidden defects in the sale and purchase of new motorcycles.Methods of the Research: The type of research used is normative, which is focused on providing explanations that explain a particular category. Approach the problem of the statute approach (statute approach) and the conceptual approach (conceptual approach). The collection of legal materials through primary legal materials is then free from secondary legal materials. The processing and analysis of legal materials is described in a qualitative way with the aim of describing the findings in the field.Results of the Research: The responsibility given by the seller is that if there is a hidden defect in the new motorcycle, the seller is obliged to exchange or replace the goods in accordance with the agreement contained in the warranty card. Legal remedies that can be taken by consumers are the enactment of the UUPK, especially Article 19 paragraph (1) and Article 24 concerning consumer protection, which aims to provide a legal basis for consumers to claim their rights. Product responsibility for motorcycles that contain hidden defects is one solution that can be applied to a motorcycle sale and purchase agreement if there are hidden defects because the implementation of product responsibility allows consumers to directly ask for a replacement from the seller who has been negligent in selling the motorcycle and cause harm to the buyer, namely the consumer
Pertimbangan Hukum Hakim Terhadap Kasus Penelantaran Dalam Rumah Tangga Edwin C Risakotta; Margie Gladies Sopacua; Leonie Lokollo
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.v3i6.1817

Abstract

Introduction: The judge's consideration of domestic neglect cases is very important considering that domestic neglect is part of domestic violence.Purposes of the Research: The purpose of this study aims to examine what is the basis for the judge's legal considerations for household investigation cases in the study of decision No. 120/Pid.Sus/2021/PN Amb and review and explain whether the crime given by the judge has had a deterrent effect on the perpetrator.Methods of the 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 research show that the Ambon District Court judges in sentencing the perpetrators of domestic neglect crimes, the judges consider juridically, sociologically, and philosophically. Thus, the sanctions given by the judge to the perpetrator of the criminal act of domestic abuse have not had a deterrent effect, because the judge in making decisions considers more of the things that relieve the offender.

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