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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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Penanganan Tindak Pidana Narkotika Di Kota Ambon Oleh Direktorat Reserse Narkoba Polda Maluku Pricilya Melany Anthonio; Juanrico Alfaromona Sumarezs Titahelu; Judy Marria Saimima
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.v3i6.1818

Abstract

Introduction: Narcotics abuse in Ambon City has increased from 2018-2021. Narcotics in 2018-2021, namely: in 2018 there were 140 cases, in 2019 there were 123 cases, in 2020 there were 143 cases while in 2021 there were 169 cases.Purposes of the Research:  To examine and discuss what was carried out by drug investigators from the Maluku Regional Police in handling narcotics crimes. To examine and discuss the obstacles faced by drug investigators from the Maluku Regional Police in handling narcotics crimesMethods of the Research: This research is a normative juridical research. This type of research is descriptive analytical. The source of legal materials used in this research is primary legal materials and secondary legal materials. Supporting data and information are then identified and then systematized for interpretation and given arguments to draw conclusions on the problem.Results of the Research: What the Maluku Police drug investigators did in handling narcotics crimes, namely: conducting examinations of witnesses and suspects and completing investigative actions, confiscating evidence found on suspects, conducting examinations or testing of evidence found on suspects, sending SPOP (Notification Letter of Commencement Investigation) to the Prosecutor's Office, carrying out the filing process, Submission of suspects and evidence to the prosecutor besides that there are obstacles faced by Maluku Police Narcotics investigators in Handling narcotics crimes, namely: there is still a lack of good cooperation between the community and officers, the modus operandi carried out by actors who are growing and changing, there are many new variants of narcotics.
Tindak Pidana Penggunaan Ganja Untuk Keperluan Pengobatan Ronaldo Semmy Kaya; Deassy Jacomina Anthoneta Hehanussa; Julianus Edwin Latupeirissa
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.v3i6.1819

Abstract

Introduction: This study discusses cannabis which is used as a medicinal ingredient.Purposes of the Research:  analyze adn explain the qualificationof marijuana used as a crime and analyze and explain thr policy of cannabis formulation for medicinal puerpuseMethods of the Research: This study uses a normative juridical method with the legal materials used in the study are primary, secondary and tertiary with the use of literature study techniques in the form of  legal regulations, scientific papers and literatureResults of the Research: The results of the study indicate that the use of marijuana for medicinal purposes can be subject to criminal penalties as it is known that marijuana is a class I narcotic besides Article 37 of Law Number 35 of 2009 stipulates that only Narcotics Groups II and III can be used as medicinal ingredients. Furthermore, Article 53 of Law Number 35 of 2009 regulates the use of Narcotics II and III in limited quantities to be used as treatment materials. However, class I narcotics are not allowed to be used as any medication. That means those who store, distribute and use marijuana can be punished.
Kewenangan Pemerintah Daerah Dalam Pemberian Hak Milik Atas Tanah Bagi Transmigran Di Kabupaten Maluku Tengah Nathalia Tanikwele; Salmon Eliazer Marthen Nirahua; Erick Stenly Holle
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.v3i6.1820

Abstract

Introduction: Transmigration is a development program that takes place by providing facilities by the government to transmigrants.Purposes of the Research: The purpose of this study is to analyze and determine the obligations of local governments. And to analyze and know the legal certainty of the Governing law.Methods of the Research: This research is a normative research that refers to the laws and regulations and legal materials related to the substance of the study, then connected with the subject matter in this study. The approach taken in this study is the statutory approach (statute approach) and conceptual approach (conceptual approach).Results of the Research: The results of the study, namely, land with the status of property rights of transmigrants of the settlement unit of Central Maluku regency, Seram Utara Barat district, turned out to be used for oil palm companies, so the right to obtain 1 hectare of land that has not been obtained until now from the transmigrants cannot be owned.
Tata Cara Pembayaran Pajak Berdasarkan Ketetapan Pajak Alvarel David Hutuely; Salmon Eliazer Marthen Nirahua; Heillen Martha Yosephine Tita
TATOHI: Jurnal Ilmu Hukum Vol 3, No 7 (2023): Volume 3 Nomor 7, September 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i7.1856

Abstract

Introduction: Tax law provisions state that a Tax Assessment Letter is issued if there is an error or non-compliance by the taxpayer.Purposes of the Research: The purpose of this writing is to find out and explain the procedures for paying taxes based on tax assessments.Methods of the Research: This study uses a normative juridical method with the legal materials used in the research are primary, secondary and tertiary and procedures and analysis of legal materials in research through the process of collecting legal materials and then studied, read, reviewed, classified, and analyzed qualitatively.Results of the Research: The procedure for paying taxes is based on SKP in accordance with PMK No. 242/PMK.03/2014 concerning Procedures for Payment and Deposit of Taxes, namely in Article 6, namely that the Tax Assessment Letter must be paid within 1 (one) month from the date of issuance and pay through the service at the counter/teller (over the counter); using other Electronic Systems.
Akibat Hukum Dilibatkannya Penduduk Sipil Dalam Konflik Bersenjata Antara Milisi Dan Tentara Pemerintah Ervin Septory; Johanis Steny Franco Peilouw; Richard Marsilio Waas
TATOHI: Jurnal Ilmu Hukum Vol 3, No 7 (2023): Volume 3 Nomor 7, September 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i7.1848

Abstract

Introduction: The relationship between people or groups of people incorporated in a different nationality or state of the community can be an indirect or official relationship undertaken by state officials that hold negotiations on behalf of the state and inaugurated the approval achieved in such an official inter-state agreement.Purposes of the Research: to know and understand the legal consequences of the civilian population involvement in armed conflict between militias and government soldiers.Methods of the Research: Based on the problems studied, this researcher uses a type of "Normative Juridical" research, namely research on legal rules, norms, and principles related to the problem being studiedResults of the Research: The results of this study explain that the regulation of the civilian population in the armed conflict is the most important in the case between militia and government army according to international law and international humanitarian law, armed conflict is a conflict to be enforced in human rights (human rights). As the form of legal efforts on the involvement of civilians in the armed conflict between militia and government army clearly raises the terms of the rules that apply to the main factor because the case occurred in the Ethopia state involving civilians in armed conflicts is an action that must be attempted to effectively in the congestion to address the problems or cases that occur in Ethopia as well as the armed conflicts have a huge impact of losses for the two parties who are bathed.
Bentuk Pertanggungjawaban Pelanggaran Ham Terhadap Tawanan Perang Menurut Hukum Dan Ham Internasional Figur Muhammad Ali Putra Nirwan; Josina Augustina Yvonne Wattimena; Arman Anwar
TATOHI: Jurnal Ilmu Hukum Vol 3, No 7 (2023): Volume 3 Nomor 7, September 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i7.1849

Abstract

Introduction: The Syrian conflict was motivated by the Arab Spring, which was related to demonstrations and popular resistance in the Middle East and North Africa which ended with the fall of the ruling regimes in these regional countries.Purposes of the Research: The research method uses a normative juridical method. This type of research is descriptive analytical using primary, secondary and tertiary sources of legal materials where the collection of legal materials is carried out using library research. Furthermore, the analysis technique uses qualitative analysis, by identifying facts, eliminating irrelevant things, determining the issue and then concluding the results of the analysis according to the problem being studied.Methods of the Research: The research method uses a normative juridical method. This type of research is descriptive analytical using primary, secondary and tertiary sources of legal materials where the collection of legal materials is carried out using library research. Furthermore, the analysis technique uses qualitative analysis, by identifying facts, eliminating irrelevant things, determining the issue and then concluding the results of the analysis according to the problem being studied.Results of the Research:  Legal violations against prisoners of war based on international legal and human rights instruments according to the Geneva Convention III of 1949 (Geneva  Convention (III) Relative to the Treatment of Prisoners of Wat) and Additional Protocol I year 1977 (Protocol Additional to the Geneva Conventions of 12August 1949, and relating to the Protection of Victims of international Armed Conflicts) have the right to be treated with dignity and humanity, such as not being forced to provide information unless they know their identity. Their torture and cruel treatment is seen as a war crime. prisoners of war must be moved from dangerous areas to safe places. Their living conditions must be equivalent to those of members of the armed forces of the host nation. Accountability for legal violations against prisoners for serious human rights violations against prisoners of war legally basically refers to the principle of exhaustion of local remedies through the mechanism of a national court forum. The unwillingness and inability of countries suspected of committing serious violations of human rights to resolve the problem of these violations at the national level can underlie the emergence of the judicial competence of the International Criminal Court (ICC). War crimes and crimes against humanity in accordance with the Rome Statute (Article 5 paragraph (1).
Pertanggungjawaban Pelaku Penyelundupan Migran Lintas Negara Ditinjau Dari Hukum Internasional Neladi Frisilia Lilipaly; Popi Tuhulele; Dyah Ridhul Airin Daties
TATOHI: Jurnal Ilmu Hukum Vol 3, No 7 (2023): Volume 3 Nomor 7, September 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i7.1850

Abstract

Introduction: As a country with many small islands bordering other countries, Indonesia has considerable potential for migrant smuggling practices. The smuggling of illegal immigrants is a type of global crime.Purposes of the Research: aims to identify and analyze international law governing the smuggling of transnational migrants as well as to identify and analyze the accountability of perpetrators who smuggle transnational migrants.Methods of the Research:  This legal research uses normative juridical research, case approach, statutory approach, and conceptual approach, primary and secondary legal materials, legal material procedures using primary legal materials which are then associated with secondary legal materials and processing and analysis of legal materials using qualitative descriptive analysis.Results of the Research: The results showed that the international legal arrangements that regulate migrant smuggling are the Palermo Convention (UN Convention / UNTOC) of 2000 concerning Transnational Crime (People Smuggling), the Migrant Workers Convention (International Labor Organization / ILO) of 1990, the Protocol for the Eradication of Smuggling involving People Smuggling 2000, and the perpetrators' accountability using the National Law or Indonesian Law, namely Law No. 6 of 2011 concerning Immigration.
Pelaksanaan Tanggung Jawab Sosial Perusahaan PT. Reminal Utama Sakti Terhadap Masyarakat Di Kecamatan Fena Fafan Kabupaten Buru Selatan Akipatty Alex Solissa; Teng Berlianty; Marselo Valentino Geovani Pariela
TATOHI: Jurnal Ilmu Hukum Vol 3, No 7 (2023): Volume 3 Nomor 7, September 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i7.1851

Abstract

Introduction: Companies in the laws and regulations can first be found in the second chapter of Article 6 of the Commercial Code (KUHD) it is stated that a person who regulates a company.Purposes of the Research: This writing aims to examine and find out how the form of Corporate Social Responsibility of PT. Reminal Utama Sakti on improving the welfare of the people of Fena Fafan Subdistrict, South Buru Regency, to study and determine the effect of implementing Corporate Social Responsibility PT. Main Reminal Sakti towards Improving Community Welfare, Fena Fafan Sub-district, South Buru Regency.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: The results showed that PT.Reminal Utama Sakti Forms CSR Corporate Social Responsibility to the Community of Fena Fafan District, South Buru Regency. Diesel Fuel Assistance for the Waekatin GPM Church, Diesel Fuel Assistance for Waeken Village, Solar Fuel Assistance for Fakal GPM Church, Solar Fuel Assistance for Uneth Village, Solar Fuel Assistance for Siwatlahin Village, Solar Fuel Assistance for the Mengeswaen GPM Church, Solar Fuel Assistance for the Church Waelo GPM, Diesel Fuel Assistance for Waeraman Village, Solar Fuel Assistance for Batukarang Village, Solar Fuel Assistance for Nusarua Village, and Community Empowerment Fund Assistance Fund allocation of Rp. 400.000 CSR Management Techniques at PT.Reminal Utama Sakti Through Proposals or Request Letters From the Community or Stakeholders in Fena Fafan Sub-district Then a request or request from the community or existing stakeholders is realized by the company. Corporate Social Responsibility in accordance with article 74 paragraph (1) and paragraph (2) of Law no. 40 of 2007 Forms of Social Responsibility in PT.Reminal Utama Sakti Company have not been properly realized to the Community Environmental Responsibility, in accordance with article 28H of the 1945 Constitution of the Republic of Indonesia and article 1 paragraph (2) of Law no. 32 of 2009 In order to return to the environmental conditions before forest exploitation. Region (Perda) No. 9,ld.2014/5.Tld no 37,ll Regional Secretariat of Maluku Province.
Tanggungjawab PT. Asuransi Jiwasraya (Persero) Atas Perbuatan Wanprestasi Terhadap Tertanggung Vina Ramadhina Malawat; Merry Tjoanda; Novyta Uktelseja
TATOHI: Jurnal Ilmu Hukum Vol 3, No 7 (2023): Volume 3 Nomor 7, September 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i7.1852

Abstract

Introduction: An agreement is an agreement made by two or more people who bind themselves to carry out a thing, which if one party does not fulfill or violates the agreement made then that party has defaulted.Purposes of the Research: The main problem in this thesis is the form of default committed by PT Asuransi Jiwasraya (Persero) against the insured and the responsibility of PT Asuransi Jiwasraya (Persero) for the losses experienced by the insured. This study aims to find out and understand the form of default committed by PT Asuransi Jiwasraya (persero) and the responsibility of PT Asuransi Jiwasraya for the losses experienced by the insured.Methods of the Research: This research uses normative juridical research using a case approach, statutory approach and conceptual approach.Results of the Research: The results of the research conducted, PT Asuransi Jiwasraya did not fulfill its obligations as an insurer or its successor according to the law that received the transfer of rights and obligations related to policy management, either partially or completely, from PT Asuransi Jiwasraya (Persero), while the insured fulfilled his obligations in the agreement agreed by both parties. sides
Tinjauan Turidis Terhadap Pemulihan Nama Baik Bagi Terdakwa Yang Dinyatakan Bebas Arjun Arjun; Juanrico Alfaromona Sumarezs Titahelu; Carolina Tuhumury
TATOHI: Jurnal Ilmu Hukum Vol 3, No 7 (2023): Volume 3 Nomor 7, September 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i7.1853

Abstract

Introduction: Rehabilitation to restore the good name of a defendant who has been acquitted is a right that must be obtained by every defendant.Purposes of the Research: Based on the above background, the objectives to be achieved in this research are: 1. To examine and explain what are the legal reasons so that restoration of good name is possible in criminal cases. 2. To review and explain the implementation procedure in terms of obtaining the restoration of good name for a defendant. Methods of the Research: The research method used is a normative juridical research type. The problem approach used is the statutory approach and the conceptual approach. The sources of legal materials used are primary legal materials and secondary legal materials. The collection technique is through literature study and then analyzed through description using qualitative methods.Results of the Research: The results of the research and conclusions that the author can draw are showing how a defendant gets a recovery on his good name which has been regulated in Law No. 27 of 1983 concerning the implementation of the Criminal Procedure Code which contains procedures for rehabilitation so that a defendant can fulfill his rights in restoring his good name which has been further tarnished on charges that were not committed.

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