TATOHI: Jurnal Ilmu Hukum
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.
Articles
476 Documents
<![CDATA[Penegakan Hukum Administrasi Terhadap Penerbitan Izin Lingkungan Kegiatan Budidaya Tanaman Perkebunan Pala Intercroop Kakao Di Kabupaten Seram Bagian Barat ]]>
<![CDATA[Latekay, Marlon]]>;
<![CDATA[Pietersz, Jemmy Jefry]]>;
<![CDATA[Sedubun, Victor Juzuf]]>
<![CDATA[ TATOHI: Jurnal Ilmu Hukum Vol 3, No 9 (2023): Volume 3 Nomor 9, November 2023 ]]>
Publisher : <![CDATA[Faculty of Law Pattimura University ]]>
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DOI: 10.47268/tatohi.v3i9.1954
<![CDATA[Introduction: Issuance of environmental permits by the West Seram Regency Government without supervision has resulted in non-compliance with environmental permits which has resulted in environmental damage.Purposes of the Research: This writing aims to examine and analyze the Authority of the West Seram Regency Government in supervising the Decree of the West Seram Regent Number 525-456 of 2017 concerning Environmental Permits for the Cultivation of Nutmeg Intercroop Cocoa Plantations, to study and analyze what administrative sanctions can be given West Seram Regency Government regarding violations of environmental permits. 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 authority to issue environmental permits by the West Seram Regency Government can automatically become an obligation for the West Seram Regency Government as the issuer of environmental permits to supervise environmental permits issued by the West Seram Regency Government, administrative sanctions that can be imposed by the Government West Seram District to violators of environmental permits is, written warning, government coercion, freezing of environmental permits and revocation of environmental permits.]]>
<![CDATA[Penyalagunaan Wewenang Kepala Desa Dalam Membuat Surat Keterangan Tanah ]]>
<![CDATA[Tuhuleruw, Ilona Miranda]]>;
<![CDATA[Bakarbessy, Andress Deny]]>;
<![CDATA[Matitaputty, Merlien Irene]]>
<![CDATA[ TATOHI: Jurnal Ilmu Hukum Vol 3, No 9 (2023): Volume 3 Nomor 9, November 2023 ]]>
Publisher : <![CDATA[Faculty of Law Pattimura University ]]>
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DOI: 10.47268/tatohi.v3i9.1953
<![CDATA[Introduction: The village head is part of the government apparatus at the lowest level, playing an important role in helping to achieve legal certainty regarding land rights.Purposes of the Research: The purpose of the current research is to know and analyze what authority the village head has in making a land certificate and to know and analyze what the legal consequences are if there is an abuse of the village head's authority in making a land certificateMethods of the Research: The research method in this study is normative legal research, using a statutory and conceptual approach. Sources of research data include primary, secondary, tertiary legal sources. The data collection technique is in the form of literature study. Processing and analysis of legal materials used in writing is using a qualitative analysis method.Results of the Research: The result of the research show that it was found that abuse of authority was found in the case of land acquisition for the AL wharf in Tawiri Ambon City, unscrupulous village heads abused authority in making land certificates for land sale and purchase transactions in 2015, the letter was made by for his personal interests and verified by the sub-district head ambon bay.]]>
<![CDATA[Modus Operandi Tindak Pidana Perdagangan Orang Yang Berkedok Asisten Rumah Tangga ]]>
<![CDATA[Salamena, Fredza Glen]]>;
<![CDATA[Toule, Elsa Rina Maya]]>;
<![CDATA[Ubwarin, Erwin]]>
<![CDATA[ TATOHI: Jurnal Ilmu Hukum Vol 3, No 9 (2023): Volume 3 Nomor 9, November 2023 ]]>
Publisher : <![CDATA[Faculty of Law Pattimura University ]]>
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DOI: 10.47268/tatohi.v3i9.1952
<![CDATA[Introduction: Trafficking in persons is a form of ill-treatment of human beings that violates the dignity and worth. The crime of trafficking in persons is inseparable from the various methods used by the perpetrators, these methods are usually called the modus operandi. The mode that is run is usually carried out individually or in groups. The strategies used by trafficking syndicates in carrying out their modus operandi are very organized, so they can easily persuade and recruit victims. This not only deprives the victim of human rights but also makes the victim vulnerable to abuse, forced labor, psychological trauma and death. Purposes of the Research: This writing aims to determine the modus operandi and efforts to handle the criminal act of trafficking in persons under the guise of a household assistant.Methods of the Research: The research method used in this paper is Juridical Empirical. Research location The place where the research material was taken is the Ambon District Court. Population, Sample, and Respondents. The sources of legal materials used are Primary legal materials, Secondary legal materials, and Tertiary legal materials and are used as legal materials collection techniques, then processing techniques use the editing, data classification, and data analysis stages.Results of the Research: The results of this study indicate that the success of trafficking in persons is due to the modus operandi carried out by the perpetrators so organized that trafficking in persons is successfully carried out. Thus the need for efforts to handle the crime of trafficking in persons. Penal and non-penal handling efforts are carried out: penal efforts are carried out based on legal regulations that are centered on the applicable laws and regulations. Meanwhile, non-penal efforts are the prevention process before the occurrence of the criminal act of trafficking in persons, including social education, socialization to the community, and patrol activities as a form of supervision.]]>
<![CDATA[Pandemi Covid-19 Sebagai Bentuk Overmacht Terjadinya Wanprestasi Kredit di Bank ]]>
<![CDATA[Mual, Yansen]]>;
<![CDATA[Tjoanda, Merry]]>;
<![CDATA[Pariela, Marselo Valentino Geovani]]>
<![CDATA[ TATOHI: Jurnal Ilmu Hukum Vol 3, No 9 (2023): Volume 3 Nomor 9, November 2023 ]]>
Publisher : <![CDATA[Faculty of Law Pattimura University ]]>
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DOI: 10.47268/tatohi.v3i9.1951
<![CDATA[Introduction: The impact of Covid-19 is the weakening of the Indonesian economy, due to restrictions on activities in the business sector which show the majority of the implementation of the rights and obligations in the agreement.Purposes of the Research: The purpose of this study is to find out whether the Covid-19 Pandemic is a Form of Overmacht Credit Default in Banking and How is Credit Default Settled Due to the Covid-19 Pandemic in Banking.Methods of the Research: The research method used is normative juridical research or literature study with a descriptive analytical research type which is a method that functions to describe or provide an overview of the object under study through legal sources.Results of the Research: The results of the research carried out must be understood that three things must be checked so that the persuasive situation clause can be applied. First, the facts must be beyond the control of the parties. Second, the ability of the parties to carry out their contractual obligations cannot be carried out due to the event that hinders them. Third, the parties have taken all steps to try to mitigate the risks that arise as a result of the event or the occurrence of such compelling circumstances. In the context of the spread of Covid-19, the first and second criteria of coercion can be said to have been met. The reason is that Covid-19 directly or indirectly has an impact on the performance and capacity of the parties so that it affects the ability to fulfill the agreement contained in the contract.]]>
<![CDATA[Pelanggaran Hak Asasi Manusia Terhadap Anak-Anak Dan Pertanggungjawabannya Menurut Hukum Internasional ]]>
<![CDATA[Elco, Urlialy]]>;
<![CDATA[Wattimena, Josina Augustina Yvonne]]>;
<![CDATA[Tuhulele, Popi]]>
<![CDATA[ TATOHI: Jurnal Ilmu Hukum Vol 3, No 9 (2023): Volume 3 Nomor 9, November 2023 ]]>
Publisher : <![CDATA[Faculty of Law Pattimura University ]]>
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DOI: 10.47268/tatohi.v3i9.1950
<![CDATA[Introduction: A total of 169 of the total 181 ILO member states have ratified Convention No. 182 since its adoption in 1999. This means that these countries have committed to take immediate and effective action to prohibit and eliminate all forms of worst child labour. One of the ILO member countries that are committed is the Philippines.Purposes of the Research: The purpose of this study is to analyze and find out that human rights violations against children in the Philippines can be classified as crimes against humanity, to analyze and determine the responsibility of the perpetrators according to international law and, as one of the requirements in completing studies at the law faculty.Methods of the Research: The method used is a normative juridical research method with an analytical descriptive type, a process to find rules, principles, and legal doctrines in order to answer the legal information at hand.Results of the Research: The results showed that Human Rights Violations in the Philippines can be classified as human crimes because the types of crimes that can be classified as crimes against humanity, are: murder, extermination, slavery, deportation, exploitation and other inhumane acts committed against the civilian population, or persecution. on political, racial or religious grounds in the commission of or in connection with crimes within the jurisdiction of the Court. Because exploitation is a type of crime that can be qualified as a crime against humanity, the Human Rights Violations in the Philippines can be classified as human crimes. Perpetrators of sexual exploitation of children in the Philippines can be held accountable under international law because in international law perpetrators of sexual exploitation of children have violated human rights, especially regarding the Convention on the Rights of the Child. In addition, the Philippines has established special rules regarding human trafficking as stipulated in the Republic of Indonesia Law Number 9208 or known as the Anti-Trafficking Law in 2003.]]>
<![CDATA[Kudeta Dalam Perspektif Hukum Internasional ]]>
<![CDATA[Souisa, Pelpina Dina Febriska]]>;
<![CDATA[Rehatta, Veriana Josepha Batseba]]>;
<![CDATA[Riry, Welly Angela]]>
<![CDATA[ TATOHI: Jurnal Ilmu Hukum Vol 3, No 9 (2023): Volume 3 Nomor 9, November 2023 ]]>
Publisher : <![CDATA[Faculty of Law Pattimura University ]]>
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DOI: 10.47268/tatohi.v3i9.1949
<![CDATA[Introduction: Article 33 paragraph (1), 52 of the United Nations Charter and Article 2 paragraph 2 letter (f) of the ASEAN Charter provide space for International Law to be involved in efforts to resolve Dispute Problems (Coup) by using an approach to protecting human rights that involves a State but in fact until now International Law has never participated in efforts to resolve the Government Conflict which was taken through the Coup on the State of Myanmar.Purposes of the Research:To examine or analyze the coup in the perspective of International Law and to examine and discuss the legitimacy or legality of government through a coup.Methods of the Research: The research method used is normative juridical research, the type of research is descriptive analytical. The sources of legal materials used are primary, secondary and tertiary legal materials. The technique of collecting legal materials used in this research is through literature study. The analysis of legal materials is descriptive qualitative.Research Results: The results showed that: 1). International Law on Change of Government through Coup has never been regulated in detail because it is part of the rights of a State that cannot be interfered with in the internal affairs of its State, but an insistence can be made to become a place of negotiation and mediation for both parties who are fighting for power by using the UN Charter. Article 1, Article 2, Article 33 paragraph 1 and Article 52 as well as the ASEAN Charter Article 1 and Article 2 paragraph 2 letter (f) are related to the Protection of Human Rights. 2). The legality of the government obtained through a coup until now has never been specifically regulated in international law, but when viewed from the point of view of the birth of a country, namely 1. the existence of a government, 2. territory, 3 inhabitants, and 4. recognition from other countries. The legality of the government obtained through the coup d'etat can be said to be valid if it gets recognition from other countries (which in this case is part of (State Politics) in International Relations).]]>
<![CDATA[Spionase Pejabat Diplomatik Rusia Terhadap Negara Denmark Dalam Hukum Diplomatik ]]>
<![CDATA[Sya’ban, Balgis]]>;
<![CDATA[Tahamata, Lucia Charlota Octovina]]>;
<![CDATA[Hanafi, Irma Halimah]]>
<![CDATA[ TATOHI: Jurnal Ilmu Hukum Vol 3, No 9 (2023): Volume 3 Nomor 9, November 2023 ]]>
Publisher : <![CDATA[Faculty of Law Pattimura University ]]>
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DOI: 10.47268/tatohi.v3i9.1948
<![CDATA[Introduction: Espionage is intelligence activity in a country or company seeking confidential information. Espionage activities focus on gathering non-public information through covert means. Espionage by Russian diplomatic officials against Denmark led to the expulsion of Russian diplomatic officials due to unacceptable espionage in Denmark. The purpose of this study is to examine and discuss whether Russian espionage can be categorized as espionage and how responsibility for espionage is carried out by Denmark.Purposes of the Research: To study and discuss whether Russian spying experiments can be categorized as espionage and how is the responsibility for espionage carried out by Russia against Denmark.Methods of the Research: The research method used is normative juridical, namely research on rules, norms, and legal principles based on statutory regulations. The problem approach used is the normative legal approach, namely the conceptual approach, the case approach and the statutory approach. The sources of legal materials used are primary legal materials, secondary legal materials and tertiary legal materials. Legal material collection techniques through library research. Then analyzed qualitatively.Results of the Research: The results of the study conclude that spying by Russian diplomatic officials against Denmark can be categorized as espionage because it is contained in the 1961 Vienna convention. eye is considered espionage. The form of accountability for the Danish state due to actions committed by the Russian state is by expelling or persona nongrata against diplomatic officials who carry out espionage.]]>
<![CDATA[Pengawasan Pada Wilayah Perbatasan Negara Menurut Hukum Internasional ]]>
<![CDATA[Suitela, Autin Christani]]>;
<![CDATA[Tahamata, Lucia Charlota Octovina]]>;
<![CDATA[Leatemia, Wilshen]]>
<![CDATA[ TATOHI: Jurnal Ilmu Hukum Vol 4, No 2 (2024): Volume 4 Nomor 2, April 2024 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/tatohi.v4i2.2125
<![CDATA[Introduction: The border problem has complex dimensions. There are a number of crucial factors involved in it such as jurisdiction and state sovereignty, politics, socio-economics, and defense and security but there are still many violations in the border area.Purposes of the Research: Analyzing and knowing Regulations Concerning Surveillance in Border Areas According to International Law and the government's function of surveillance in border areasMethods of the Research: This research uses a normative juridical method with the legal materials used in the research are primary, secondary and tertiary with the use of library study techniques in the form of criminal law regulations, scientific works and literature.Results of the Research: The function of the Government in dealing with problems in border areas, the Indonesian government creates institutions that carry out supervisory functions and involve several law enforcement officials in dealing with problems in border areas, namely the Ministry of Maritime Affairs, BAKAMLA, TNI-AL, BNPP, POLRI, POLRI POLOAIR, and the establishment of posts crossing borders, strengthening the TNI in border areas, and building surveillance posts in dealing with problems in border areas which is a form of government in dealing with problems in border areas and is a form of law enforcement carried out by the government.]]>
<![CDATA[Penggunaan Permen Sebagai Alat Tukar Pengganti Uang ]]>
<![CDATA[Kilian, Siti Ramla]]>;
<![CDATA[Tjoanda, Merry]]>;
<![CDATA[Narwadan, Theresia Nolda Agnes]]>
<![CDATA[ TATOHI: Jurnal Ilmu Hukum Vol 4, No 3 (2024): Volume 4 Nomor 3, Mei 2024 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/tatohi.v4i3.2141
<![CDATA[Introduction: The use of candy as a medium of exchange for money is an act of diverting money in the form of candy by business actors to consumers. This is because business actors do not have coins to return to consumers, so candy will be used as a means of change.Purposes of the Research: The purpose of this research is to discuss whether candy can be used as a medium of exchange for money.Methods of the Research: By using the research method of normative juridical law (legal research). Type of descriptive analysis research. Sources of legal material consist of: a) primary legal material, namely law number 7 of 2011 concerning currency, law number 23 of 1999. b) secondary legal material, namely: doctrine, legal literature theories, research results and articles scientific. Tertiary legal materials, namely legal dictionaries, Indonesian language dictionaries, and websites. Collection and analysis of legal materials, namely collecting data, compiling it methodically and then analyzing it qualitatively to get clarity about the problems being faced.Results of the Research: The results of this study are in article 2 paragraph 2 of Law Number 23 of 1999 concerning Bank Indonesia which states that: rupiah money is a legal tender in the territory of the Republic of Indonesia, then article 2 paragraph 3 which states that: every act that uses money or has the purpose of payment or obligations that must be fulfilled with money if done within the territory of the Republic of Indonesia must use rupiah currency, unless otherwise stipulated by Bank Indonesia Regulations, meaning that only money can be used as means of payment and with return, then business actors are obliged to use cash in every payment transaction.]]>
<![CDATA[Perlindungan Hak Cipta Film Terhadap Konten Spoiler di YouTube ]]>
<![CDATA[Sipahutar, Mulia Risky]]>;
<![CDATA[Akyuwen, Rory Jeff]]>;
<![CDATA[Sopamena, Ronald Fadly]]>
<![CDATA[ TATOHI: Jurnal Ilmu Hukum Vol 4, No 3 (2024): Volume 4 Nomor 3, Mei 2024 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/tatohi.v4i3.2140
<![CDATA[Introduction: Nowadays, the use of social media is often used as a forum for channeling a creative work. One of the media that is widely used is YouTube. This is because youtube provides economic benefits to creators who want to participate in sharing their copyrighted works. With the development of social media and the ease of sharing the copyrighted work gave rise to many forms of copyright infringement circulating on YouTube.Purposes of the Research: The purpose of this study is to know and understand copyright infringement committed by spoiler creator content on Youtube and legal protection for movie creators from spoiler content on YouTube.Methods of the Research: The research method used is normative juridical, the problem approach used in the research is a statutory approach and a conceptual approach. The sources of legal materials used are primary, secondary, and tertiary legal materials. The technique of collecting legal materials carried out in this study with library research, then analyzed using qualitative methods.research Results of the Research: Based on research, currently the act of copyright infringement of spoiler creators' movies is rampant on YouTube. This action arises due to several factors, including low law enforcement against content that violates copyright, and the rapid development of information technology so that there is always a gap to spread content that violates copyright. The solution to copyright infringement is to close access or block content and active socialization from the government and social society regarding the importance of respecting and appreciating every copyrighted work that exists.]]>
