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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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Penerapan Pasal 49 Ayat 1 Kuhp Dalam Tindak Pidana Penganiayaan (Studi Putusan No.32/Pid.B/2021/PN DGL) Faathir Fedayan; Reimon Supusepa; Judy Marria Saimima
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.v3i7.1854

Abstract

Introduction: Perpetrators of persecution should be subject to punishment as stipulated in the criminal law code, Article 351 Paragraph 1 of the Criminal Code. The defendant abused the victim, the torture was carried out in a forced defense because he felt his safety was threatened.Purposes of the Research: So it raises the problem of how to apply noodweer in Article 49 Paragraph 1 of the Criminal Code as a reason for abolishing the crime? What are the juridical consequences in the judge's consideration of the forced defense of the crime of persecution.The purpose of the study is to find out the application of noodweer in Article 49 Paragraph 1 of the Criminal Code as the reason for the abolition of the crime. To find out the juridical consequences in the judge's consideration of the forced defense of the criminal act of persecutionMethods of the Research: The problem approach used is the conceptual approach, statutory approach and case approach. The legal materials used are primary legal materials and secondary legal materials. Collection of legal materials using literature and then analyzed using quantitative analysis methods.Results of the Research: Based on the results of the research and discussion that the application of noodweer when viewed from the cases taken by the author has been implemented properly and is used as one of the reasons for abolishing a crime, where the reason is a justification but not a reason that justifies the actions of the perpetrator who violated the law, but rather someone is forced to commit an act punishment can be forgiven because there was a violation of law that preceded the act. However, not all actions that are considered as self-defense can be accepted by criminal law as a reason for criminal abolition. Because an act in the noodweer context must comply with the elements specified in Article 49 Paragraph 1 of the Criminal Code. The defense outside the elements specified in Article 49 Paragraph 1 of the Criminal Code is still possible for the offender to be subject to a criminal sentence. That there are no legal consequences for the perpetrators who are considered to have fulfilled the elements in Article 49 Paragraph 1 of the Criminal Code which says: "not convicted, whoever makes a defense is forced to himself or others, the honor of decency or property of himself or others, because any imminent attack or threat of attack at that time would be against the law.” If an act does not meet the elements in that article, then the perpetrator can be criminalized because it is not included in forced defense.
Rehabilitasi Pelaku Tindak Pidana Narkotika Golongan 1 (Satu) Menurut Undang-Undang Nomor 35 Tahun 2009 Tentang Narkotika Gusye Nobert Hehalatu; Margie Gladies Sopacua; Jetty Martje Patty
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.v3i7.1855

Abstract

Introduction: Rehabilitation is a form of punishment aimed at treatment.Purposes of the Research: The purpose of this study is to determine whether the actions of the perpetrators of the Narcotics Crime in Decision Number 154/Pid.Sus/PN Amb have fulfilled the elements of the threat of punishment as stipulated in the Narcotics Law and what the judges consider in giving a rehabilitation decision against the perpetrators of narcotics abuse.Methods of the Research: The research method used is normative juridical research or literature study with the type of research that is analytical descriptive in nature which is a method that functions to describe or give an overview of the object under study through legal sources.Results of the Research: The results of the research used, it can be concluded that the judge decided to impose a sentence in the form of medical rehabilitation. Legal actions imposed on victims of narcotics abuse are reflected in SEMA No. 04 of 2010, concerning the placement of abusers, victims of abuse and narcotics addicts into rehabilitation institutions.
Efektifitas Undang-Undang Perlindungan Anak Dalam Melindungi Anak Korban Tindak Pidana Perkosaan Oleh Orang Terdekat Veren Martha Habel; Hadibah Zachra Wadjo; Judy Marria Saimima
TATOHI: Jurnal Ilmu Hukum Vol 3, No 8 (2023): Volume 3 Nomor 8, Oktober 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i8.1865

Abstract

Introduction: Protection for children takes the form of protection from acts of violence, whether physical violence, psychological violence, neglect, even sexual crimes.Purposes of the Research: The research objectives are; (1) to examine and explain the effectiveness of the Child Protection Law in protecting child victims of criminal acts of rape by those closest to them, (2) to examine and explain the obstacles experienced by investigators in handling criminal acts of child molestation.Methods of the Research: The author uses normative research methods, uses a factual approach and a statutory approach, normative legal research is also known as doctrinal legal research, and is then analyzed qualitatively descriptively to produce a conclusion.Results of the Research: Based on the research results obtained, consumer protection is all efforts made to protect 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 is needed for consumers, both preventively and repressively, so that every consumer's rights can be protected and their rights maintained.
Legalitas Hukum Internasional Tentang Pengakuan Negara–Negara Terhadap Konflik China Dan Taiwan Felix Brayen Uruilal; Josina Augustina Yvonne Wattimena; Lucia Charlota Octovina Tahamata
TATOHI: Jurnal Ilmu Hukum Vol 3, No 8 (2023): Volume 3 Nomor 8, Oktober 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i8.1858

Abstract

Introduction: The state sovereignty dispute between China and Taiwan Hostility also occurs between the authorities of China and Taiwan, which are the 23rd province of China but are administratively separated, which talks about the legality of international legal recognition.Purposes of the Research: This study aims to examine the status of Taiwan in the sovereignty of the State of China, as well as the legality of international law on the recognition of countries in the conflict between China and Taiwan.Methods of the Research: This research is a normative juridical research by means of research conducted by collecting primary, secondary, tertiary data obtained by using a literature study. The data that has been collected is analyzed qualitatively, the descriptions of which are arranged systematically based on discipline, legal science to achieve clarity on the issues to be discussed.Results of the Research: The status of Taiwan in the sovereignty of the State of China is the status quo where Taiwan does not have international sovereignty, is not de facto independent, Taiwan is a country because it already has a clear population, territory, area and government. However, de jure Taiwan has not yet been recognized as a country by the international community and the United Nations. The legality of international law in the case of China and Taiwan is a collection of laws which mostly consist of principles and rules that must be obeyed by countries. for that there must be a permanent recognition to be one of the concepts that determine the criteria of a state in international law which is contained in three opposing theories, namely Constitutive Theory, Declarative Theory, and Middle Way Theory. In this theory clearly get the legality of the problems that occur between China and Taiwan.
Penegakan Hukum Keimigrasian Tenaga Kerja Asing Yang Non Prosedural Natasya Carolina Hitipeuw; Arman Anwar; Veriana Josepha Batseba Rehatta
TATOHI: Jurnal Ilmu Hukum Vol 3, No 8 (2023): Volume 3 Nomor 8, Oktober 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i8.1859

Abstract

Introduction: The entry of non-procedural foreign workers causes problems in destination countries, including Indonesia.Purposes of the Research: Aims to identify and analyze the implementation of visa-free in Indonesia according to immigration law and to identify and analyze forms of immigration law enforcement for non-procedural foreign workers.Methods of the Research:  This research uses a normative juridical method with primary, secondary and tertiary legal materials used in the research. The collection technique is carried out through literature studies in the form of scientific works and literature and others.Results of the Research: The research results show that the visa-free policy implemented by the Indonesian government is regulated in Presidential Regulation Number 21 of 2016 concerning Visa-Free. However, in practice, foreigners who enter Indonesia often violate the terms of the visa-free visit by working without permission. So deported by forced repatriation of foreign workers to their countries of origin. Whereas for foreign workers who commit immigration crimes, Pro Justisia's actions go through a protection process in the form of criminal acts for immigration crimes for non-procedural foreign workers
Perjanjian Jual Beli Pohon Musiman Di Dalam Masyarakat Desa Sanahu Seram Bagian Barat Julian Marsel Kaisiry; Barzah Latupono; Sarah Selfina Kuahaty
TATOHI: Jurnal Ilmu Hukum Vol 3, No 8 (2023): Volume 3 Nomor 8, Oktober 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i8.1860

Abstract

Introduction: The sale and purchase agreement has undergone many developments, especially regarding the procedures or forms used.Purposes of the Research: This writing aims to analyze the customary law review of the seasonal tree sale and purchase agreement in the Sanahu State community, to find out the form of sanctions for buyers who do not carry out the custom of buying and selling seasonal trees in accordance with customary law in the Sanahu State community, as one of the requirements in fulfilling study completion 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:  The results of the study show that the tree sale and purchase agreement in the Sanahu community is valid, because it complies with the Civil Code contained in Article 1320, namely regarding the terms of the agreement. The agreement that has been agreed upon by the parties regarding prices and goods, is capable of making an agreement.
Perlindungan Hukum Terhadap Tanah Masyarakat Hukum Adat Di Kawasan Hutan Lindung Negeri Masihulan Kecamatan Seram Utara Kabupaten Maluku Tengah Meske Patalatu; Jenny Kristiana Matuankotta; Yosia Hetharie
TATOHI: Jurnal Ilmu Hukum Vol 3, No 8 (2023): Volume 3 Nomor 8, Oktober 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i8.1861

Abstract

Introduction: Land and forests are the basis of people's prosperity and welfare.Methods of the Research: The research method used is normative juridical research type. The problem approach used is the statutory approach, the conceptual approach, and the case approach. The legal materials used are primary legal materials, secondary legal materials and tertiary materials. Procedures and collection of law and management and analysis of legal materials are then analyzed by way of description with qualitative methods.Results of the Research: The results of the study show that the mechanisms and procedures for the Protection of Land Rights of Indigenous Law Communities in the Protected Forest Area of the Masihulan State, North Seram District, Central Maluku Regency have been neglected by the existence of protected forests or the existence of a national park, even though it is through this land that the indigenous peoples of the Masihulan Country are passed down from generation to generation. Generations can take advantage of the natural resources that exist in customary forests such as plants and animals in customary forests for their survival and daily life. The rights of the customary law community, in this case the land including their customary forest, have not received legal protection as it should be in accordance with the mandate of the 1945 Constitution of the Republic of Indonesia Article 18B paragraph (2) and other laws and regulations
Perlindungan Konsumen Terkait Keterlambatan Pembayaran Tagihan Listrik Di Masa Pandemi Covid-19 Sarmila Walalayo; Merry Tjoanda; Muchtar Anshary Hamid Labetubun
TATOHI: Jurnal Ilmu Hukum Vol 3, No 8 (2023): Volume 3 Nomor 8, Oktober 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i8.1862

Abstract

Introduction: During the pandemic, the Ministry of Energy and Mineral Resources (ESDM) noted that household electricity and gas consumption increased by more than 30%.Purposes of the Research: The purpose of writing is to find out about the problem of how to regulate consumer protection related to delays in paying electricity account arrears due to the covid-19 pandemic and how to pay for electricity account arrears during the covid-19 pandemic.Methods of the Research: In writing this thesis the author uses the type of normative research. In this study, two approaches to the problem are used, namely the statutory approach and the conceptual approach. Sources of data obtained are primary legal materials, even secondary law, and tertiary legal materials. Techniques for collecting legal materials are collected, grouped according to their respective sections, both primary law, secondary law and tertiary law. All data from this study were analyzed qualitatively.Results of the Research: The results of this study indicate that Covid -19 is a non-natural disaster that can be categorized as a relative overmacht. Even though in this difficult condition there is still no legal basis that allows PLN to relax electricity bills, so that people as electricity consumers have an obligation to pay or pay off. bills according to the rules regulated in the Electricity Law. Consumers are required to pay electricity bills in accordance with the applicable rules, where if the consumer is late in paying electricity starting from the 1st-20th, it will be 1 month late and the customer will get a warning letter to pay it off immediately, if the customer has not paid the bill, the electricity will be refunded. Temporarily disconnected and if it is two months late the customer's electricity will be permanently cut off if the customer wants to install a new meter then the consumer is required to pay bills and fines beforehand.
Penyelesaian Pelanggaran Kode Etik Profesi Bagi Anggota Kepolisian Yang Melakukan Tindak Pidana Penganiayaan (Studi Kasus Pada Polda Maluku) Dinnera Ester Agatha Suripatty; Elsa Rina Maya Toule; Yanti Amelia Lewerissa
TATOHI: Jurnal Ilmu Hukum Vol 3, No 8 (2023): Volume 3 Nomor 8, Oktober 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i8.1863

Abstract

Introduction: The National Police is an agency that protects public safety, but now many people are caught committing acts that disturb security and even abuse the community. The existence of these violations adds to the long black list of increasing violations of discipline and the code of ethics committed by members of the National Police.Purposes of the Research: know the procedures for the judicial process and settlement of violations of the Professional Code of Ethics against members of the Ambon City Police who commit criminal acts of persecution. As well as to find out the form of sanctions against members of the Ambon City Police who committed criminal acts of persecutionMethods of the Research: The type of research used in this study is empirical juridical. The research location is the Maluku Regional Police. The population is the entire research unit that will be examined and then analyzed.Results of the Research: There is a Court Decision No.29/Pid.B/2021/PN.Amb which handed down the TK Iptu with criminal decisions and other cases of abuse committed by the TK Iptu. Disciplinary Sanctions that do not cause a deterrent effect and the implementation of the KKEP trial have followed the procedures as in Police Regulation Number 7 of 2022 concerning the Professional Code of Ethics and the Code of Ethics Commission, so the KKEP Decision (Professional Code of Ethics Commission) in the case of PTDH examined Iptu Kindergarten is in accordance with procedures within the National Police as well as in a code of ethics hearing by the Professional Code of Ethics Commission (KKEP) decided that the Iptu TK was dismissed with a dishonorable discharge decision (PTDH). The violators are now making an appeal by submitting it to the appeals commission and are currently in the administrative process.
Pertanggungjawaban Pidana Terhadap Pelaku Pengguntingan Bendera Negara Republik Indonesia Renny Obertina Julita Iwamony; John Dirk Pasalbessy; Margie Gladies Sopacua
TATOHI: Jurnal Ilmu Hukum Vol 3, No 8 (2023): Volume 3 Nomor 8, Oktober 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i8.1864

Abstract

Introduction: The crime of insulting the Red and White flag in Karawang, West Java and Malasya, the flag with a hammer picture at Hassanudin University and the flag brushed with a Water Closet (WC) brush violates the provisions of Article 66 of the Law of the Republic of Indonesia Number 24 of 2009 in conjunction with Article 24 Letter a Law Number 24 Year 2009Purposes of the Research: Analyzing and explaining whether the perpetrators of insulting the flag can be held criminally responsible and forms of criminal responsibility for the act of insulting the red and white flag.Methods of the Research: It is normative juridical, using a legal, conceptual and case approach with primary and secondary legal materials and will be analyzed qualitatively.Results of the Research: Criminal liability from the first to the third case fulfills the five elements of responsibility, namely, there are perpetrators of criminal acts; there is an action; There is a mistake; capable of being responsible and against the law. Furthermore, the fourth case cannot be held accountable because the subject who committed the crime has a mental disorder that is not in accordance with the elements of criminal responsibility in Article 44 of the Criminal Code. The form of criminal liability in the first to third cases is individual, meaning that individual criminal responsibility is the form embedded in the case.

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