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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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Pertimbangan Hukum Hakim Dalam Penjatuhan Pidana Perkara Pencurian Pemberatan (Vide Pasal 363 Ayat 1 Kuhpidana) Malaihollo, Aditya Putra Mentari; Pasalbessy, John Dirk; Sopacua, Margie Gladies
TATOHI: Jurnal Ilmu Hukum Vol 3, No 10 (2023): Volume 3 Nomor 10, Desember 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i10.1961

Abstract

Introduction: There are several types of theft crimes ranging from ordinary theft crimes (Article 362 of the Criminal Code), light theft crimes (Article 364 of the Criminal Code), crimes of aggravated or qualified theft (Article 363 of the Criminal Code), crimes of violent theft (Article 365 of the Criminal Code), crimes of theft in within the family (Article 367 of the Criminal Code) with a maximum sentence of 7 years in prison.Purposes of the Research:Analyzing and reviewing the application of Article 363 Paragraph (1) of the Criminal Code in resolving cases of theft and Analyzing Article 363 Paragraph (1) of the Criminal Code can be used as a basis for consideration in cases of theft with violence, as one of the requirements in completing studies at the Faculty of Law.Results of the Research:In the application of article 363 in the case of theft, the elements of article 363 can be applied, namely: Whoever, Takes something, With the intention of being owned, is against the law and is carried out at night in a house or a closed yard with a house. When all the elements in article 363 are met, the perpetrator's actions are determined as theft with weights but in the decision N0 18/Pid.B/20202/PN Msh this is not the case because the judge's decision is still too light even though the defendant's actions meet the weighting elements. Article 363 can be used as a basis for judges' considerations because the elements in Article 363 can be used by judges as a basis for consideration before the judge decides on a theft case, but in decision N0 18/Pid.B/20202/PN, the judge does not see the elements that have been fulfilled. by the defendant's actions so that the judge handed down a decision that was not in accordance with the provisions of Article 363 of the Criminal Code.
Perlindungan Hukum Pekerja Terhadap Perjanjian Kerja Siahaan, Zefany Odelia Cristy; Tjoanda, Merry; Pattipawae, Dezonda Rosiana
TATOHI: Jurnal Ilmu Hukum Vol 3, No 12 (2024): Volume 3 Nomor 12, Februari 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i12.2110

Abstract

Introduction: Labor law guarantees that every worker has the right to a decent livelihood for humanity, one of which is realized in the form of wages and employers are prohibited from paying wages under the minimum wage provisions. This emphasizes the provision of legal protections for workers to ensure the fulfillment of workers' basic rights. However, in practice there are stillemployers who provide workers with wages below the minimum wage.  Sothat workers have difficulty meeting their needs and workers' right to a decent livelihood for humanity is not achieved. Purposes of the Research: to find out and analyze the implementation of the employment agreement and the legal protection of workers against the employment agreement. Methods of the Research: This research uses the normative legal research method which is carried out by examining legal materials to answer the legal issues faced.Results of the Research: The results showed   that the implementation of the   employment agreement had met the requirements of the employment agreement, but the entrepreneur CV Gemilang Sukses defaulted on the wage element.    Because, in the employment agreement, CV Gemilang Sukses employers promised to pay workers' wages according to the Ambon City Minimum Wage. However, in its implementation, it turns out that the entrepreneur CV Gemilang Sukses pays workers' wages below the Ambon City Minimum Wage.  Then, the legal protection that workers can get from employment agreements is in the form of legal protection of workers for wages, work time, rest time and time off from working overtime, disabled workers, female workers, pregnant, childbirth, child labor, occupational safety and health, termination of employment, labor social security and morals, decency and treatment according to human dignity and dignity. . Such protection can be provided through preventive legal protections such as the creation of employment agreements and the filing of objections before signing employment agreements and through the protection of repressive laws, namely the establishment of efforts to resolve labor disputes.  The existence of legal protection in order to ensure the fulfillment  of the basic rights of workers, equalityvtreatment without discrimination for the realization of welfare for workers   and their families, taking into account the progress of the business world and the interests of employers. 
Perlindungan Hukum Bagi Konsumen Jual Beli Pakaian Bekas Di Kota Ambon Latuconsina, Moh Fadly; Berlianty, Teng; Balik, Agustina
TATOHI: Jurnal Ilmu Hukum Vol 3, No 12 (2024): Volume 3 Nomor 12, Februari 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i12.2109

Abstract

Introduction: There are lots of used clothes being traded in markets and through online shops in the city of Ambon. These consumer rights can be violated by the seller if the consumer unknowingly sees the sale of imported used clothing which is rife in the domestic market to buy clothes that contain lots of bacteria.Purposes of the Research: This study aims to examine the forms of legal protection for consumers for buying and selling used clothing and the responsibility of business actors for consumers of used clothing who are harmed in terms of health.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 form of legal protection for consumers for buying and selling used clothes is by issuing Law no. 8 of 1999 concerning consumer protection is meant to be a strong legal basis for the government and consumer protection agencies as an effort to empower consumers through fostering and protecting all buying and selling activities that are detrimental to consumers, in this case used clothing illegally smuggled into various regions without regard to the adverse effects of the used clothes. The responsibility of business actors to consumers of used clothes who are harmed in terms of health. The responsibility of business actors can be requested when business actors violate consumer rights and commit acts that are prohibited according to Article 8 of Law Number 8 of 1999 concerning Consumer Protection, namely business actors are prohibited from trading goods that damaged, defective or used, and polluted without providing complete and correct information on the goods in question.
Perlindungan Hukum Terhadap Perempuan Dan Anak Di Tinjau Dari Hukum Humaniter Internasional Latubual, Godlief Niclas Wenetama; Wattimena, Josina Augustina Yvonne; Hanafi, Irma Halimah
TATOHI: Jurnal Ilmu Hukum Vol 3, No 12 (2024): Volume 3 Nomor 12, Februari 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i12.2108

Abstract

Introduction: As a result of the prolonged conflict between Israel and Palestine, many children and women who have been affected by this conflict have suffered and even died as a result of this war. This unresolved conflict has resulted in a large number of victims from civil society from year to year and is increasing, especially children. Children who should have the right to grow and develop naturally when the war rages all their rights become victims of war, children's rights to grow up are violated without any mercy towards them, whatever the reason for the conflict, this act is a crime against humanity. and violations of children's rights.Purposes of the Research: This writing aims to analyze and find out the legal arrangements for women and children in armed conflicts in terms of international humanitarian law, to analyze and find out the forms of legal protection for women and children in armed conflicts, and as one of the requirements in completing studies at the University Law Faculty Pattimura.Methods of the Research: Normative research method with the type of research is qualitative analysis. The problem approach used is the statute approach, the conceptual approach and the case approach. 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 methods of interpretation, harmonization, systematic and legal discovery.Results of the Research: The results of the study indicate that the legal arrangements for women and children in armed conflict are reviewed from international humanitarian law, namely Additional Protocol II of 1977 concerning the Protection of Victims of Non-International Armed Conflicts, which in Article 4 stipulates that everyone is not directly involved or is no longer involved. in a non-international armed conflict must be treated humanely and no distinction should be made that is detrimental to them. Provisions of the International Covenant on Civil and Political Rights (ICCPR) Article 4 which requires that even in a precarious public situation, fundamental non-derogable rights must still be respected.
Kelayakan Konstruksi Bangunan Trotoar di Kota Ambon Tomia, Niati; Nendissa, Renny Heronia; Pattinasarany, Yohanes
TATOHI: Jurnal Ilmu Hukum Vol 3, No 11 (2024): Volume 3 Nomor 11, Januari 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i11.2105

Abstract

Introduction: Sidewalks are road support facilities as stipulated in Law no. 22 of 2009 concerning Road Traffic and Transportation. The availability of sidewalks must provide safety and comfort for pedestrians passing through.Purposes of the Research: The purpose of writing this thesis is to find out and analyze (1) Does the sidewalk building in Ambon City meet the construction feasibility requirements in the provisions of laws and regulations.? and (2) What are the legal consequences if the sidewalk building does not meet the construction feasibility standards in the ptovisions of the legislations.?  Methods of the Research: The type of research used in this study is normative juridical legal research, namely legal research conducted by examining library materials or secondary materials which consist of primary legal materials and secondary legal materials. These materials are arranged systematically, studied, then a conclusion is drawn in relation to the problem under study.Results of the Research: The results and discussion show that the construction of sidewalks in the city of Ambon does not meet the feasibility standards for the construction of sidewalks as stipulated in the Regulation of the Minister of Public Works Number 03/PRT/M/2014 concerning Guidelines for Planning, Provision and Utilization of Infrastructure and Facilities for Pedestrian Networks and Urban Areas, and Decree of the Director General of Highways No. 74/KPTS/Db/1999, Date, 7 December 1999 Concerning Ratification of One Technical Guideline of the Directorate General of Highways. Of course, this condition has legal consequences as stipulated in Article 44UU No. 28 of 2002 concerning Buildings in which there are administrative sanctions in the form of a) Written warning; b) Restrictions on development activities; c) Temporary or permanent suspension of construction implementation work; d) Temporary or permanent suspension of building use; e) Freezing of building construction permits; f) Revocation of building construction permit; g) Freezing of the certificate of proper function of the building h) revocation of the certificate of proper function of the building; or i) an order for the demolition of a building. 
Aspek Hukum Pidana Perampasan Jenazah Akibat Covid-19 Menurut Undang-Undang Nomor 6 Tahun 2018 Tentang Kekarantinaan Kesehatan Pattinama, Kevin Gilbert; Pasalbessy, John Dirk; Latupeirissa, Julianus Edwin
TATOHI: Jurnal Ilmu Hukum Vol 3, No 11 (2024): Volume 3 Nomor 11, Januari 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i11.2104

Abstract

Introduction: The community plays an important role in complying with Government regulations and policies in suppressing the chain of transmission of Covid-19, for example, wearing masks, maintaining cleanliness, washing hands, and so on.Purposes of the Research: The purpose of this study is to provide an overview of the qualifications of the crime of taking the corpse of Covid-19 according to the statutory regulations and the obstacles to investigating the crime of taking the body of Covid-19.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. Result of the Research: The results of this study show that a criminal act of confiscating a corpse due to Covid-19 was committed by unscrupulous residents of Batu Merah Village, Ambon City. In the Judge's decision, the defendants had fulfilled the criminal element, namely the existence of actions from everyone who did not comply with the implementation and/or obstructed the implementation so that it caused a Public Health Emergency. With the higher rate of transmission of the virus, investigators are afraid to face face to face to examine suspects or witnesses. Therefore, the government needs to make specific regulations regarding the criminal act of confiscating the corpse of Covid-19.
Implikasi Autopsi Forensik Dalam Penyidikan Tindak Pidana Pembunuhan Sabono, Felia Naomi; Adam, Sherly; Lewerissa, Yanti Amelia
TATOHI: Jurnal Ilmu Hukum Vol 3, No 11 (2024): Volume 3 Nomor 11, Januari 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i11.2103

Abstract

Introduction: Forensic autopsy is the examination of a corpse after death to determine the cause and manner of death, and to identify possible disease or injury to the body of a deceased person.Purposes of the Research: The purpose of this study is to analyze and discuss the implications of a forensic autopsy in the investigation of a crime of murder and the obstacles encountered in the forensic autopsy process.Methods of the Research: In this legal research, writing uses normative juridical research, problem approaches namely statutory approaches, conceptual approaches, and case approaches. The legal materials used are primary legal materials, secondary legal materials and tertiary legal materials.Results of the Research: The results of this study indicate that the implications of a forensic autopsy in the investigation of a crime of murder can find and obtain material truth, namely the truth that actually happened and there were errors and can be held criminally responsible for the perpetrators of a crime of murder in an investigation of a crime of murder in the process of proving and can convince the judge in deciding the case. The obstacles encountered in the forensic autopsy process in the crime of homicide were the refusal of an autopsy from the victim's family, the absence of forensic experts, the lack of facilities and infrastructure to support the implementation of a forensic autopsy.
Penerapan Prinsip Kehati-hatian Pada Data Nasabah Pinjaman Secara Online Metanila, Meyske Adriani; Pesulima, Theresia Louize; Pariela, Marselo Valentino Geovani
TATOHI: Jurnal Ilmu Hukum Vol 3, No 11 (2024): Volume 3 Nomor 11, Januari 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i11.2102

Abstract

Introduction: Process of providing loans without intermediaries such as banks and credit institutions, there is a special website in the form of an implementation platform where the user can become a giver. In online loans, some are guaranteed and some are without collateral, this can lead to misuse of personal data for users of financial technology services.Purposes of the Research: The purpose of writing this thesis is to find out and explain the application of the precautionary principle of online loan customer data and how the form of legal protection for online loan customer data.Methods of the Research: The research method used in this study is normative juridical with a conceptual approach and statutory regulations and legal materials used are primary and secondary legal materials.Results of the Research: The The results of this study indicate that financial technology is an innovation or a combination of conventional banking credit agreement systems with a touch of modern technology. The system for managing credit agreements in financial technology includes: Basic Banking Law No. 10 of 1998, Bank Indonesia Regulation (PBI) No. 19/12/PBI/2017 concerning the Implementation of Fintech, Financial Services Authority Regulation No. 77/POJK.01/2016 regarding Information Technology-Based Money Borrowing Services Digital Financial Services, then Regulations regarding the principle of prudence in fintech credit agreements have the same rights and obligations between conventional credit agreements with fintech.
Tinjauan Yuridis Tentang Prosedur Penerbitan Sertifikat Atas Tanah Di Desa Waemulang Kabupaten Buru Selatan Berdasarkan Program Pemerintah Solissa, Fandri; Laturette, Adonia Ivone; Uktelseja, Novyta
TATOHI: Jurnal Ilmu Hukum Vol 3, No 11 (2024): Volume 3 Nomor 11, Januari 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i11.2101

Abstract

Introduction: Based on the reality that occurs in everyday life in the environment where the author lives, namely in the village of Waemulang, Leksula sub-district, South Buru Regency, where the community The problems that occur in the Waemulang village community in South Buru district are related to the cancellation of land rights certificates that occur in today's society. This, started with the existence of a government program regarding the National Agrarian Project Operation (PRONA) for making certificates of land rights.Purposes of the Research: This writing aims to find out the procedures for obtaining certificates of land rights based on government programs, to find out what are the grounds for objections to the issuance of land title certificates issued by the national land agency, and as one of the academic requirements in completing studies at the Faculty of Law, University of PattimuraMethods of the Research: The normative juridical research method is descriptive analysis in nature, namely obtaining data from the library in the form of documents, books, magazines and other literature related to writing. The source of legal material used is Primary legal material, Secondary legal material, and Tertiary legal material and used as a technique for collecting legal material, then processing and analyzing legal material through qualitative analysis, namely the data obtained is then systematically arranged 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 procedure for issuing land certificates in obtaining land rights is carried out by the land registration process, so that there is a guarantee of legal certainty for all right-holders, while the procedure for obtaining land rights, namely the procedure for land registration is carried out sporadically at the request of interested parties, and procedures Systematic land registration is carried out according to work plans carried out in designated areas. A conflict can lead to disputes so that dispute resolution can be done in several ways: Dispute resolution through formal courts, through administrative efforts and through lawsuits.
Perlindungan Harimau Sumatera Menurut Convention On International Trade In Endangered Species Of Wild Fauna And Flora (Cites) 1963 Mainuru, Muhammad Zidhan L; Rehatta, Veriana Josepha Batseba; Daties, Dyah Ridhul Airin
TATOHI: Jurnal Ilmu Hukum Vol 3, No 11 (2024): Volume 3 Nomor 11, Januari 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i11.2100

Abstract

Introduction: The illegal trade in protected animals is increasing in places where laws are not respected, as if they weren't there. This is reflected in the decrease in the number of wildlife and the increase in the number of legal and illegal wildlife traders whose criminals do not face severe sanctions. The number of Sumatran tigers is decreasing, reaching around 400 individuals. In various parts of Sumatra, these endangered and protected animals continue to be hunted and traded for their organs. Apparently, in the near future, they succeeded in capturing or blocking the Medan tiger skin trade.Purposes of the Research: This writing aims to know and understand the Regulations regarding the protection of endangered species based on the 1963 Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) and the Implementation of CITES 1963 in Indonesia to protect the Sumatran Tiger.Methods of the Research: Normative research method with the type of research is qualitative analysis. The problem approach used is the statute approach, the conceptual approach and the case approach. 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 methods of interpretation, harmonization, systematic and legal discovery.Results of the Research: The results of the study show that the arrangements regarding the protection of endangered species based on the 1963 Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) are that as a whole, CITES is a convention that applies as a general guide to regulate matters relating to trade of all kinds. Wild plants and animals that live in nature. Specifically regarding the protection of Sumatran tigers as implementation of CITES 1963 is the enactment of Presidential Decree No. 43 of 1978 concerning Ratifying the Convention On International Trade in Endangered Species of Wild Fauna and Flora, Law No. 5 of 1990 concerning Conservation of Natural Resources, Biology and Their Ecosystems, Regulations Government Number 8 of 1999 Utilization of Wild Plants and Animals, Minister of Forestry Regulation Number P.42/Menhut-II/2007 concerning Sumatran Tiger Conservation Plans and Actions.

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