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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,
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 466 Documents
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Pelibatan Anak Dalam Pemilihan Umum Cindy Agnesia Ratmala; Elsa Rina Maya Toule; Erwin Ubwarin
TATOHI: Jurnal Ilmu Hukum Vol 1, No 3 (2021): Volume 1 Nomor 3, Mei 2021
Publisher : Faculty of Law Pattimura University

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Introduction: The involvement of children in political campaign activities is a phenomenon that recurs every 5 years or every campaign cycle. Involving children in political campaign activities is not the right action because children have the right to be free from the abuse of political activities.Purposes of the Research: This writing aims to analyze the forms of protection where children are involved in the General Election and to analyze whether political parties can be held responsible for the crime if they involve children in general elections.Methods of the Research: The research method in this writing uses a normative juridical research type. The research approach used is a statutory approach and a conceptual approach. The procedure for collecting legal materials uses library research, as well as legal material analysis techniques in this study using qualitative analysis techniques.Results of the Research: The results obtained are that a form of legal protection for children involved in the election is a form of preventive legal protection and a form of repressive legal protection. Then regarding criminal responsibility, one of the conditions for the formation of political parties is that political parties must be registered with the Ministry to become a legal entity and obtain ratification as a legal entity. Thus political parties that involve children in general elections can be held responsible for the crime.
Urgensi Pengaturan Private Military Contractors (PMCs) Dalam Hukum Humaniter Internasional Elvira Liminanto; Josina Augustina Yvonne Wattimena; Johanis Steny Franco Peilouw
TATOHI: Jurnal Ilmu Hukum Vol 1, No 3 (2021): Volume 1 Nomor 3, Mei 2021
Publisher : Faculty of Law Pattimura University

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Introduction: Private Military Contractors (PMCs) are private companies engaged in providing professional security and military services for profit. The involvement of its members in armed conflicts often results in unclear status in international humanitarian law, many assume that the PMC is the same as mercenaries. So we need in-depth analysis to distinguish the status of the two.Purposes of the Research: To analyze the working time has been regulated in International Humanitarian Law, and the position of Private Military Contractors (PMCs) in International Humanitarian Law.Methods of the Research: The method used is normative legal research. The research approach is a statutory approach and a conceptual approach. Sources of legal materials used are primary legal materials, secondary legal materials, and tertiary legal materials. The technique of collecting legal materials is through literature study and then analyzed through a perspective using qualitative methods.Results of the Research: The results showed that the regulation on mercenaries explicitly existed only in Additional Protocol I of 1977. However, in fact, provisions that resemble mercenaries have been regulated in the 1907 Hague Convention and regulated in Geneva Convention III 1949 in this convention the term mercenary has been included. (Mercenary). The unclear legal status of PMCs members, especially when working in situations of armed conflict, puts them in a gray area which has the potential to cause debate about their presence in an armed conflict which also impacts the protection of their human rights. So far, many parties have identified members of Private Military Contractors (PMCs) with mercenaries, so that a stigma has emerged that calls them "reincarnations" of mercenaries (mercenaries / soldier of fortune / dogs of war). However, the concept of mercenaries as contained in Article 47 of Additional Protocol II 1977 cannot be applied optimally to PMCs, especially to determine their legal status when serving in situations of armed conflict.
Eksistensi Perlindungan Hukum Secara Digitalisasi Bagi Wajib Pajak Selebgram Berdasarkan Administrasi Perpajakan Di Indonesia Yopi Loupatty; Salmon Eliazer Marthen Nirahua; Heillen Martha Yosephine Tita
TATOHI: Jurnal Ilmu Hukum Vol 1, No 3 (2021): Volume 1 Nomor 3, Mei 2021
Publisher : Faculty of Law Pattimura University

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Introduction: Selebgram as an income taxpayer has rights and obligations as a fundamental pillar.Purposes of the Research: This writing aims to discuss and analyze the digitalization of legal protection for taxpayers based on the provisions of tax administration in Indonesia.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: Legal protection, both prevention and repressive measures, has a good influence on all applications and websites for every celebgram taxpayer. The form of the site and application of new schemes in keeping up with current developments. The Call Center, Taxpayer Account, Cash Receipt System is half of the development of digitization used in Indonesia for legal protection for program taxpayers.
Kajian Yuridis Laporan Polisi Dalam Perkara Penghinaan Dan/Atau Pencemaran Nama Baik Terhadap Gubernur Marlen Batlayeri; Reimon Supusepa; Jacob Hattu
TATOHI: Jurnal Ilmu Hukum Vol 1, No 3 (2021): Volume 1 Nomor 3, Mei 2021
Publisher : Faculty of Law Pattimura University

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Introduction: The criminal act of defamation is a legal crime that really needs to be considered because it involves a person's honor and good name. Because it involves a person's honor and good name, the defamation offense is a complaint offense, which means that the report / complaint must be made by the victim himself or the party who feels aggrieved and not from another party. Purposes of the Research: The purpose of this writing is to determine the legal position of the reporter and to know the difference between personal insults and state officials.Methods of the Research: The research method in this writing uses a type of normative research or literature study and is then presented using descriptive research techniques, namely analyzing and explaining the findings of the existing library research..Results of the Research: The results obtained from this research are first, the reporter in the case of insulting and / or defamation against Governor Anies Baswedan does not have a legal position and does not meet the requirements or elements of being a reporter because it is related to an offense of defamation that is a complaint offense. second, based on the elements of defamation offenses contained in the Criminal Code and the ITE Law, the actions of the perpetrators in this case cannot be said to be criminal acts of defamation because Governor Anies Baswedan himself does not feel aggrieved by what the perpetrator has done which can be proven by no report was made by Governor Anies Baswedan Himself.
Penataan Kabel dan Pipa Bawah Laut di Perairan Indonesia Menurut Hukum Internasional Jesica Martha Suripatty; Efie Baadilla; Richard Marsilio Waas
TATOHI: Jurnal Ilmu Hukum Vol 1, No 3 (2021): Volume 1 Nomor 3, Mei 2021
Publisher : Faculty of Law Pattimura University

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Introduction: This research discusses the problem of submarine cable and pipeline arrangement in Indonesian waters according to international law, in this case UNCLOS 1982 contains provisions to regulate various marine zones with different legal status.Purposes of the Research: To show the provisions of international law regarding the arrangement of submarine cables and pipes in Indonesian waters.Methods of the Research: This study uses the juridical normative method which is carried out by examining legal materials related to the problem being studied.Results of the Research: The results show that the arrangement of submarine cables and pipes in Indonesian waters is contained in UNCLOS 1982 which includes Inland Waters, Territorial Seas, Additional Zones, Exclusive Economic Zones, Continental Shelf, High Seas and International Seabed Areas. Meanwhile, a more specific regulation is regulated in national law, which is cross-sectoral in nature, resulting in submarine cable and pipeline arrangement which is not optimal.
Pemenuhan Hak Anak Korban Pornografi Dalam Sistem Peradilan Pidana Anak Paramitha Agustina Grace Wakim; Sherly Adam; Iqbal Taufik
TATOHI: Jurnal Ilmu Hukum Vol 1, No 3 (2021): Volume 1 Nomor 3, Mei 2021
Publisher : Faculty of Law Pattimura University

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Introduction: The fulfillment of the rights of child pornography victims is contained in the Child Criminal Justice System Act and Based on the context of Law No. 35 of 2014 on Amendments to Law No. 23 of 2002 on Child Protection and Government Regulation (PP) Number. 40 Year 2011 On The Development, Mentoring and Recovery of Children Victims and Perpetrators Ponography. Legal protection of children and their rights as victims and perpetrators of pornography do not seem to have received serious attention even though it actually depends on how a country finds a leader who cares about children.Purposes of the Research: This paper aims to analyze and discuss the fulfillment of the rights of child pornography victims in the Child Criminal Justice System.Methods of the Research: Research methods are used with normative juridical research types. The problem approach used is the legal approach, concept analysis approach, case approach, Source of legal materials used primary legal materials and secondary legal materials. Collection techniques through literature studies and then analyzed through the way of description using qualitative methods.Results of the Research: The results showed that the fulfillment of the rights of child pornography victims has not been fulfilled properly in accordance with Law No. 11 of 2012 on the Criminal Justice System of Children. This means that the Child Protection Act has not been balanced with the implementation of child protection. This is because there are still obstacles faced in the fulfillment of the rights of children victims porngrafi. The fulfillment of the rights of children victims of pornography in the legislation include: the right of mentoring, the right of health services, the right of guidance, the right of protection and in Government Regulation No. 40 of 2011 on the guidance, mentoring, and recovery of children who are victims and perpetrators of pornography according to Article 20 is done by means of mentoring: counseling, psychological therapy, social advocacy, improving ability and willingness, providing access to health services and / or legal assistance.
Pengaturan Prinsip Pembedaan dan Penerapannya dalam Konflik Armenia-Azerbaijan Khafifa Kara Abnin; Arman Anwar; Veriana Josepha Rehatta
TATOHI: Jurnal Ilmu Hukum Vol 1, No 3 (2021): Volume 1 Nomor 3, Mei 2021
Publisher : Faculty of Law Pattimura University

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Introduction: This research discusses about application of distinction principle which has not been fully implemented in the Armenian-Azerbaijan armed conflict, which resulted in heavy casualties from the civilian population and caused damage to civilian objects as a result of the attacks launched on civilian areas in Nagorno-Karabakh by the armed forces of both countries.Purposes of the Research: Know and study the regulation of distinction principle in Humanitarian Law and analyze the application of sanctions against Armenia-Azerbaijan for non-compliance with the distinction principle in the armed conflict of the two countries.Methods of the Research: This study uses a normative juridical method with legal materials used in the study are primary, secondary and tertiary with the use of literature study techniques.Results of the Research: The results showed that the armed conflict between Armenia and Azerbaijan in fighting over the Nagorno-Karabakh region was not carried out by applying the distinction principle effectively. Therefore, if the two countries do not try the perpetrators of war crimes in their national courts, the International Court of justice (ICC) has the competence to try them and provide sanctions in the form of compensation payments to victims in accordance with article 75 of the 1998 Rome Statute as well as imprisonment and fines as well as confiscation of proceeds of crime under Article 77 of the Rome Statute 1998.
Partisipasi Masyarakat Dalam Pembentukan Undang-Undang Cipta Kerja Aprillia Jultje Saiya; Saartje Sarah Alfons; Heillen Martha Yosephine Tita
TATOHI: Jurnal Ilmu Hukum Vol 1, No 6 (2021): Volume 1 Nomor 6, Agustus 2021
Publisher : Faculty of Law Pattimura University

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Introduction: The formation of good and correct regulations is based on the principle of the formation of statutory regulations. In the formation of the Job Creation Law, the procedure that was followed later became a polemic when this Law did not involve procedural community participation.Purposes of the Research: This writing aims to identify and examine the legal consequences of the establishment of the Job Creation Act.Methods of the Research: The method used in conducting a study of this problem is normative juridical with a legal and conceptual approach.Results of the Research: The legal consequence of the establishment of the Job Creation Act is the emergence of disinformation in the community regarding the contents of the Job Creation Act, so many parties have asked the Constitutional Court to conduct a judicial review or judicial review of the Job Creation Act. This is because the creation of the Copyright Act did not pay attention to the principles of openness and public participation in the process of its formation. Community Social Institutions (LSM) and the Confederation of Indonesian Trade Unions (KSPI) when asking for the draft of the Job Creation Bill, the government could not show that the people who were the target of the regulation should have easy access to the draft law. And also KSPI admitted that it was not involved in the formation of the Job Creation Act
Pelaku Pemalsuan Keterangan Bebas Covid-19 Oleh Anak Buah Kapal KM Cantika 99 Clieverd Jery Tasane; Juanrico Alfaromona Sumarezs Titahelu; Erwin Ubwarin
TATOHI: Jurnal Ilmu Hukum Vol 1, No 5 (2021): Volume 1 Nomor 5, Juli 2021
Publisher : Faculty of Law Pattimura University

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Introduction: The danger of the COVID-19 pandemic has made the Minister of Health set a rapid test as a requirement for travellers. However, rapid test counterfeiting is still being carried out today.Purposes of the Research: To find out the criminal threat against the perpetrators of forgery of Covid-free information documents.Methods of the Research: This research is empirical juridical. Where the legal materials used rely on primary and secondary data.Results of the Research: The results of the study show that the crime of forgery of letters as referred to in article two hundred and sixty-three paragraph one of the Criminal Code was found on Thursday, August 20, 2020 at around 18:00 Wit at the port of Slamet Riyadi Ambon, in the form of fourteen a sheet of laboratory examination results, the letter was made by the suspect Viona M Noya same as Vio at the request of the suspect Izac Siwalette alias Izac which was intended as a sailing requirement for KM crew. Cantika Lestari 99 with the aim of East Seram.
Penggandaan Smadav PRO Tanpa Izin Pencipta Ditinjau Dari Undang-Undang Nomor 28 Tahun 2014 Tentang Hak Cipta Akmal Asamahdi Latukau; Rory Jeff Akyuwen; Muchtar A H Labetubun
TATOHI: Jurnal Ilmu Hukum Vol 1, No 6 (2021): Volume 1 Nomor 6, Agustus 2021
Publisher : Faculty of Law Pattimura University

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Introduction: The development of science as part of the object protected by copyright. One of the creations that are protected by copyright is software, which in this writing is Smadav antivirus software.Purposes of the Research: This study aims to explain and inform about legal arrangements and legal protection to creators regarding the doubling of the Smadav serial number/key in Law Number 28 of 2014 concerning Copyright.Methods of the Research: This study uses normative legal research methods, and the collection of legal materials is carried out by literature study, then analyzed by qualitative means.Results of the Research: The results show that, duplicating the serial number/key from Smadav Pro, there are several factors that influence a person in doing so, including low law enforcement, low public purchasing power for original software, and the rapid development of information technology. Furthermore, if there has been a violation of the software or in this case the duplicating of the Smadav serial number/key, the creators can take steps, namely through mediation, arbitration, or court processes and the application of complaint offenses for criminal charges.

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