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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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Pengaturan Tentang Pengungsi Dan Tanggung Jawab UNCHR Bagi HAM Para Pengungsi Melatunan, Hendrik O; Tahamata, Lucia Charlota Octovina; Leatemia, Wilshen
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.v3i11.2099

Abstract

Introduction: The changes and developments of the times until now have not provided a reference for the development of international law as a whole, including in dealing with refugees.Purposes of the Research: This study aims to examine and analyze UNHCR's responsibility for the human rights of refugees in terms of international law and the regulation of refugees in terms of international law.Methods of the Research: This type of research is normative juridical where the research is carried out by collecting primary, secondary and tertiary data obtained using library research. The data that has been collected is analyzed qualitatively, the description of which is arranged systematically based on legal disciplines to achieve clarity on the issues to be discussed.Results of the Research: The results of the study show that the international standard rules that have been agreed upon by the nations of the world related to the legal arrangements for refugees are contained in the 1951 Convention and the 1967 Protocol on the Status of Refugees. Another instrument is the Declaration of Human Rights because the refugee issue is closely related to human rights issues. In addition, there is also the UNHCR Statute which contains the roles, duties and authorities of UNHCR as an international institution dealing with refugees. UNHCR is an international institution formed, sheltered and an extension of the United Nations to specifically deal with issues related to refugees. On December 14, 1950, the UNHCR Statute established the function of UNHCR, namely to provide international protection, under the auspices of the United Nations, to refugees. In particular, UNHCR has four roles, namely as initiator, facilitator, mediator & conciliator, and as determination. In dealing with Myanmar refugees in Thailand, UNHCR uses 3 methods to deal with the refugee problem, namely Repatriation, Local Integration, and Resslement.
Pengaturan Hukum Laut Internasional Terhadap Tabrakan Kapal Yang Di Sengajakan Heatubun, Alowisya Natalia; Anwar, Arman; Wattimena, Josina Augustina Yvonne
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.v3i11.2098

Abstract

Introduction: Indonesia is an archipelagic country that has a very wide coastline and sea in the world and is rich in marine resources that must be protected, however, its strategic location and busy shipping by foreign ships makes Indonesia also an international shipping lane which is prone to ship accidents. . One of the causes of ship accidents is human error.Purposes of the Research: This writing aims to examine and find out the arrangements regarding the prohibition of intentionally crashing ships based on international law provisions, examine and find out the forms of state responsibility that violate the provisions of international law, and this research as one of the requirements for writing a thesis in obtaining a Bachelor of Laws degree at the Faculty Pattimura University Law. Methods of the Research: Normative Juridical research method, 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 international conventions governing ship safety and shipping security include SOLAS (Safety Of Life At Sea) 1974, MARPOL (Marine Pollition) 1973/1978 and Load Line Convention 1966 and Collreg 1972 (Collision Regulation) as well as national law. Indonesia does not implicitly contain legal norms aimed at intentional ship collisions. This is because the purpose of establishing these legal provisions is precisely to anticipate the occurrence of ship collisions due to human error in the perspective of negligence or negligence. Even so, explicitly the legal logic is that if an unintentional act can be punished then especially if it is done intentionally. The impact of the losses incurred has legal consequences of course on the responsibilities of the flag state as well as captains and shipping companies to the aggrieved party, including in this case the coastal state.
Penegakan Hukum Bagi Pelaku Tindak Pidana Kekerasan Seksual Terhadap Anak (Studi Kasus Putusan Nomor 482/Pid.Sus/2021/PN) Patty, Reynalda Fransin; Wadjo, Hadibah Zachra; Patty, Jetty Martje
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.v3i10.1963

Abstract

Introduction: sexual deviation where this leads to an unbalanced activity that poses a threat to certain individuals. Various kinds of sexual choices are being discussed in cases of violence, especially against children. Causing a deterrent effect is felt to be less able to have such a significant impact because the perpetrator of the psychological deviation is not only one child. The decision given by the court is very necessary to provide a deterrent effect to perpetrators of sexual violence against children, so that the incidence of sexual violence in Indonesia is decreasing.Purposes of the Research: The purpose of this study is to provide an overview of law enforcement in Indonesia against perpetrators of sexual violence against children, and to provide an overview of the role of law enforcement officers in taking action against perpetrators of sexual violence against children. Methods of the Research: The research method used in this paper consists of various methods and activities carried out in order to collect the data and materials needed to complete the preparation of the. The author uses a normative juridical research method.Result of the Research: The results of this study are that the District Court's decision only considers the elements that are fulfilled and the ability to equip criminal acts that elevate while in the High Court's decision it considers the consequences obtained by the victim's child and the victim's family where the victim's child and family enjoy shame, costs to care for, enlarge and educate the child to be born by the victim's child, besides the decision given by the high court 2 (two) years higher than the decision of the District Court aims to provide a deterrent effect and awareness of the actions committed by those who have destroyed the future victim's child.
Penerapan Ajaran Pembelaan Terpaksa Dalam Perkara Putusan Nomor 372/ Pid.B / 2020 /PN Pdg Somarwane, Femmy Almendo; Hehanussa, Deassy Jacomina Anthoneta; Supusepa, Reimon
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.v3i10.1962

Abstract

Introduction: The forced defense is a reason for eliminating the nature of breaking the law (wederrechtelijkheid or onrechtmatigheid), so the reason for eliminating the nature of a criminal act (strafuitsluitings-grond) is also said to be the reason for justifying or justifying actions that are generally criminal acts (rechtvaardigings-grond) called fait justi ficatief.Purposes of the Research: The purpose of this study is to analyze and explain the qualifications of forced defense in a criminal case, examine and explain the basic legal considerations in Decision Number 372/Pid.B/2020/PNPdg. The type of research used is normative juridical with qualitative analysis methods. The problem approach used is the conceptual approach, statutory approach and case approach. Sources of legal materials consist of primary, secondary and tertiary legal materials.Results of the Research: The results of the study show that in principle the Criminal Code indirectly provides an overview of forced defense that what is meant by forced defense is a defense of rights against injustice where a person is forced to commit a crime, can be forgiven because there was a violation of law that preceded the act. In making his decision, the judge has considerations consisting of juridical considerations and sociological considerations. Juridical considerations are judges' considerations that are based on juridical facts revealed in court and in the law that have been stipulated as matters that must be included in the decision. Sociological considerations are a judge's considerations that use approaches to background, socio-economic conditions and values that exist in society in making a decision.
Pendekatan Restorative Justice Dalam Penyelesaian Konflik Antar Negeri Di Saparua Manawan, Edgar Erlangga; Pasalbessy, John Dirk; Hattu, Jacob
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.v3i12.2111

Abstract

Introduction: Indonesia in handling conflicts in general is mostly resolved by using the concept of a customs approach: Like the conflict in the Saparua Archipelago, the conflict between Haria and Porto took place from 2011 to 2013, conflicts caused by Boundary Disputes in Air Raja, and brawls school children involving students from Negeri Haria and students from Negeri Porto.Purposes of the Research: This writing aims to find out how the Restorative Justice Approach Process is carried out by the Saparua Police in resolving interstate conflicts in Saparua, as the aim of which is to find out what are the benefits and obstacles encountered in implementing the restorative justice approach.Methods of the Research: This research method is empirical juridical research and uses a sociological approach with the community, data collection techniques through interviews and documents obtained from the library and the authorities, data processing techniques, namely by editing to find out that the data collected is sufficient good or not in supporting problem solving, Data Analysis Method uses qualitative analysis techniques.Results of the Research: The results of the study show that the restorative justice approach applied to social conflicts in Saparua countries is very good and in accordance with the traditional customs of the Saparua people in resolving conflicts, and with the existence of a restorative justice approach it provides certainty of justice for victims, perpetrators and society and conflict resolution is recognized in the eyes of the law because it is a mechanism of the criminal justice system.
Pertanggungjawaban Terhadap Pelanggaran Penggunaan Bom Cluster Menurut Hukum Humaniter Internasional Hidayat, Rahmat Safril; Anwar, Arman; Waas, Richard Marsilio
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.v3i10.1960

Abstract

Introduction: Cluster bombs have quite a dangerous effect on civilians and can take lives because when these bombs are launched into the target area they usually do not explode simultaneously, even the explosions can occur at a later date or even when the war is over.Purposes of the Research: This writing aims to examine and find out the forms of violations of the law on the use of cluster bombs in war according to humanitarian law, to study and find out about the accountability for the use of cluster bombs assigned to perpetrators and as one of the requirements for completing studies at the Faculty of Law, Pattimura University.Methods of the Research: The Juridical-Normative research method with the type of doctrinal research is also known as library research or document study because this research is carried out or shown only on written regulations or other legal materials.Results of the Research: The results of the study show that the prohibition of the use of cluster bombs according to International Humanitarian Law has been regulated in the 2008 Convention On Cluster Munitions (CCM), namely each country promises to clean up and destroy, or ensure the cleaning and destruction of, the remains of cluster ammunition located in cluster munitions. Contamination under its jurisdiction or control. And the form of responsibility for the perpetrators is the responsibility of the state, namely the state that violates international agreements. As well as sanctions that can be given for the use of cluster bombs that are given by the United Nations in the form of reducing the degree of diplomatic relations or attacks using armed power by the UN security council, sanctions can also be given based on humanitarian law in particular Additional Protocol I of 1977 and International Humanitarian Law customs in relation to state responsibility in international law, which can be in the form of compensation, in the form of satisfaction given through acknowledgment of actions, expressions of remorse and official apologies by the state relating to the International Criminal Court.
Yurisdiksi Negara Pantai Terhadap Kapal Asing Yang Memuat Limbah Bahan Berbahaya Dan Beracun (B3) Ditinjau Dari Hukum Laut Internasional Djunaidi, Muhamad Renaldy; Tuhulele, Popi; Daties, Dyah Ridhul Airin
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.v3i10.1959

Abstract

Introduction: The jurisdiction of the coastal state is an authority of the state to carry out laws and regulations in its territorial area to regulate people, property, and events that occur in the land area, sea waters, and air space above it.Methods of the Research: The research method used is normative juridical. by using a problem approach such as a statutory approach, a conceptual approach and a case approach. While the sources of legal materials used are primary, secondary and tertiary sources of legal materials. The collection of legal materials is carried out by means of a literature study, then analyzed qualitatively. Results of the Research: The results show that the entry of foreign ships transporting waste in the jurisdiction of the coastal state is not prohibited as long as it is subject to the provisions for the transportation of hazardous and toxic waste that is passing through the territory of the coastal state, namely for foreign ships carrying nuclear or other goods which because of their nature dangerous or toxic, if you want to make a voyage in the territorial waters of an International country, you must carry documents and comply with special precautions established by International treaties for ships (Article 23 of the 1982 International Law Of The Sea Convention). The implementation of Indonesian Jurisdiction for foreign ships transporting waste has been regulated in Law Number 17 of 2008 concerning Shipping and Government Regulation Number 101 of 2014 concerning Management of Hazardous and Toxic Waste, which explains all matters relating to traffic through waters, transportation of dangerous goods and special goods by sea, determination of hazardous and toxic waste, management of hazardous and toxic waste, navigation in sea transportation including aspects of shipping safety and security.
Pengaturan Tentang Penerbangan Komersial Dan Tanggung Jawab Negara Hardianti, Hardianti; Hanafi, Irma Halimah; Riry, Welly Angela
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.v3i10.1958

Abstract

Introduction: In transportation activities, the risk of an accident is an unavoidable thing so that unification of arrangements regarding this matter is an absolute thing to do.Purposes of the Research: This study aims to find out and examine how the regulation regarding the flight of commercial aircraft in the air space of a country is reviewed from international law and how the form of state responsibility when a commercial aircraft is shot down is reviewed from international law Methods of the Research: This writing uses a normative type of legal research, which is carried out by studying theories, concepts, legal principles, and laws and regulations. In this study, the author used 2 approaches, namely the statutory approach, and the case approach.Results of the Research: The results showed that the International air law Regulation related to the parties' obligation to regulate the safety of commercial flights crossing its airspace must be in accordance with the Chicago Convention of 1944. These arrangements are made so that flights that cross the airspace of other countries can be kept safe and secure. Iran's shooting down of Ukrainian plane PS752 has violated provisions in the 1944 Chicago Convention on its airspace in an armed dispute. Therefore, Iran must take responsibility for this incident. In the future, firmness and increased cooperation with various parties are needed so that safety and security in international flights and national flights can be achieved.
Analisis Hukum Internasional Tentang State Sponsored Terrorism Corputty, Frandy Army; Wattimena, Josina Augustina Yvonne; Peilouw, Johanis Steny Franco
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.v3i10.1957

Abstract

Introduction: State is one of the subjects of international law that has the responsibility to protect the human rights of every individual within its sovereign territory. However, the facts show that there are countries that become sponsors or in other words the state provides support either directly or indirectly to terrorist groups to carry out their actions. This term is known as state sponsored terrorism which requires global attention considering that terrorism cases that occur often have links to the state.Purposes of the Research:  1. Review and discuss the regulation of State Sponsored Terrorism in International Law. 2. Review and discuss the implications for the enforcement of International Law.Methods of the Research: This study uses a normative juridical method with an analytical perspective using primary, secondary, and tertiary legal materials. This research technique is a literature study based on international legal regulations, scientific works and other literature related to state sponsored terrorism.Results of the Research: International law arrangements related to state sponsored terrorism still require special attention due to the large number of cases and indications of states being involved. Given that state sponsored terrorism is the root of various terrorism cases around the world. This shows that the international legal instruments that existed before the International Convention for the Suppression of the Financing Terrorism and United Nations Convention Against Transnational Organized Crime were considered unable to prevent and prohibit countries from sponsoring terrorists caused by the absence of the universal definition of terrorism. It is proven by international violations committed by sponsoring countries in order to fulfill their country's interests. State sponsored terrorism can also be considered as a problem for the protection of human rights. This can be seen when a sponsored terror act results in a violation of the right to life and the right to feel safe of every individual who is within the sovereign territory of the target country. The implication of state sponsored terrorism then causes overlapping jurisdictions between the International Court of Justice and the Security Council in enforcing international law so that the settlement of cases is still unclear.
Tanggung Jawab Negara Indonesia Terhadap Imigran Ilegal Kajian Hukum Keimigrasian Unmehopa, Christiano K; Rehatta, Veriena Josepha Batseba; Leatemia, Wilshen
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.v3i10.1956

Abstract

Introduction: As a country with a strategic geographical position, Indonesia is often used as a stopover for immigrants.Purposes of the Research: The purpose of this paper is to study aims to find out and analyze the Immigration Law Regulating Illegal Immigrants and State Responsibilities to Illegal Immigrants Study of Immigration LawMethods of the Research: This type of research is normative juridical where the research is carried out by collecting primary, secondary and tertiary data obtained using library research. The data that has been collected is analyzed qualitatively, the description of which is arranged systematically based on legal disciplines to achieve clarity on the issues to be discussed.Results of the Research: The results of this study indicate that illegal/illegal immigrants in Indonesian immigration law have the same position as foreigners who enter and/or are in Indonesian territory. Illegal immigration itself is the movement of one person across the borders of a country where the movement has violated the immigration laws of the destination country. The responsibility of the State in handling illegal Immigrants is carried out by the Directorate of Immigration Investigation and Enforcement. For each province in Indonesia as an extension of the ministry of law and human rights there are regional offices of the Ministry of Law and Human Rights with an implementing unit in the field of immigration called the Immigration Division. Handling illegal immigrants, the sub-unit authorized to handle this is the Intelligence and Immigration Enforcement Division. The second is the Immigration Office where this agency is the first agency in handling illegal immigrants in the field. The third institution is the Immigration Detention Center as a place of quarantine or temporary detention of illegal immigrants

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