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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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Anak Angkat Dalam Pembagian Harta Warisan Menurut Hukum Islam di Dalam Masyarakat Suku Muna Hakim, Jamil; Latupono, Barzah; Angga, La Ode
TATOHI: Jurnal Ilmu Hukum Vol 4, No 3 (2024): Volume 4 Nomor 3, Mei 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i3.2139

Abstract

Introduction: Every ethnic group living in Indonesia has different inheritance procedures and laws. The inheritance of each ethnic group is more influenced by the customs of each tribe when they grow and develop. The regional cultural value system is the highest value and the core of regional customs.Purposes of the Research:  To find out the Position of Adopted Children in the Distribution of Inheritance according to Islamic Law.Methods of the Research: The research used is normative juridical which is descriptive analytical. The research approach uses a statutory approach and a conceptual approach. Sources of research data are primary, secondary, tertiary data which is carried out by looking for library materials, namely studies related to PP RI No 54 of 2007 concerning Implementation of Adoption and Compilation of Islamic Law (KHI).Results of the Research: Adopted children in the Muna tribal community, Islamic law according to KHI have the same position as biological children in the customary law system. The position of adopted children in the distribution of inheritance according to Islamic law in the Muna tribal society, adopted children are positioned as biological children if the adoptive parents do not have biological children.
Pengaturan Tentang Gencatan Senjata Dalam Hukum Humaniter Internasional Renyut, Sintia Elisabeth; Rehatta, Veriana Josepha Batseba; Leatemia, Wilshen
TATOHI: Jurnal Ilmu Hukum Vol 4, No 3 (2024): Volume 4 Nomor 3, Mei 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i3.2138

Abstract

Introduction:  The ceasefire between Israel and Hamas will begin on Friday (21/5/2021) at 02.00 local time. The ceasefire ended tensions that had existed in Gaza since 11 days ago. The ceasefire, has the potential to prevent the fiercest fighting in decades. The Israeli military also unanimously supports a ceasefire in Gaza.Purposes of the Research:  To review and analyze the Armistice Regulations Formulated in International Humanitarian Law and to study and analyze the legal consequences of violations of the Armistice.Methods of the Research: Legal research as a process to find the rule of law, legal principles, and legal doctrines in order to answer the legal issues faced. Normative legal research or other names, namely doctrinal legal research, is research that provides a systematic explanation of the rules governing a certain category, analyzes a relationship between regulations, explains regions and may predict future development. Results of the Research: The results of this study explain that the armistice is a temporary cessation of war, where both parties involved in the armed conflict both agree or agree to a ceasefire. General arrangements for an armistice were regulated in the Hague Convention of 1907 and contained in the Hague land war regulations. The legal consequences of the violation of the truce are, in accordance with the provisions of Article 41 of the Hague Convention IV of 1907 which states that "A violation of the truce committed by a person acting on his own initiative, results in the violator having the right to be punished, and if necessary get punishment and must provide compensation to the victim for the loss suffered. Therefore, both parties must make compensation for violations of the ceasefire.
Pengaturan Hak-hak Masyarakat Adat atas Sumber Daya Alam Berdasarkan Internasional Covenant On Economic, Social and Cultural Rights (ICESCR) Sahlan, Sahlan; Anwar, Arman; Wattimena, Josina Augustina Yvonne
TATOHI: Jurnal Ilmu Hukum Vol 4, No 3 (2024): Volume 4 Nomor 3, Mei 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i3.2137

Abstract

Introduction: According to national law, the protection of the rights of indigenous peoples has been regulated in Law Number 11 of 2005 concerning ratification of the ICESCR, but in practice violations of the rights of indigenous peoples still occur.Purposes of the Research: This writing aims to examine and find out the arrangements for the rights of indigenous peoples over natural resources based on the ICESCR and the rights of indigenous peoples on natural resources that have been implemented in accordance with the ICESCR.Methods of the Research: The type of research used in this paper is normative legal research. As for answering the problems in this study, the authors use three approaches to the problem, namely the statutory approach (statute approach), conceptual approach (conceptual approach) and case approach (case approach). The procedure for collecting legal materials carried out by the author is by searching for and collecting laws and regulations related to the legal issues at hand. Legislation in this case includes both legislation and regulation. Analysis of legal material uses qualitative methods, namely studies related to legal norms contained in international law legislation and legal norms that exist in society.Results of the Research: The results of this study indicate that the arrangements for the rights of indigenous peoples over natural resources based on the ICESCR contained in Articles 6 to 25 recognize the basic rights of everyone in the economic, social and cultural fields. Included are indigenous peoples who are legal subjects so they have rights and obligations. The rights of indigenous peoples over natural resources have not been implemented in accordance with the ICESCR legal instruments, even though Indonesia itself has ratified these legal instruments with Law no. 11 of 2005 so that there is a responsibility or obligation for the State to submit and comply with this instrument.
Anak Sebagai Enemy Combatant Dalam Hukum Humaniter Uktolseja, Juniar Sammy; Peilouw, Johanis Steny Franco; Hanafi, Irma Halimah
TATOHI: Jurnal Ilmu Hukum Vol 4, No 3 (2024): Volume 4 Nomor 3, Mei 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i3.2136

Abstract

Introduction: Children are the successor to the nation's generation. Children need physical and mental protection. Human rights are human rights since birth. Some countries, make children as objects of crime; ter violence.Purposes of the Research: To understand and analyze whether children as enemy combatants can be justified by humanitarian law, and to find out and describe legal protection for children as enemy combatants in accordance with humanitarian law.Methods of the Research: The research method is used to find and process data according to the research objectives and solve the problems raised by researchers.Results of the Research: The war that occurred resulted in many casualties and damage to the country's infrastructure. Children are victims of war, they don't know why war happened. Child participation in con. Children who are involved in armed conflicts and fall into the hands of enemies, then children who are held captive are entitled to special protection as stated in the third Geneva Convention of 1949. Humanitarian law.
Pemilihan Kepala Desa Adat Dalam Pemilihan Kepala Desa Serentak Ibrahim, Nurmela; Pietersz, Jemmy Jefry; Bakarbessy, Andress Deny
TATOHI: Jurnal Ilmu Hukum Vol 4, No 2 (2024): Volume 4 Nomor 2, April 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i2.2131

Abstract

Introduction: Due to the provisions of the law on simultaneous Village Head Elections, West Seram Regency, located in Maluku Province, is one of the districts that carry out Village Head Elections simultaneously in accordance with Regional Regulations.Purposes of the Research: 1 To analyze and find out the legal basis for the election of the Traditional Village Head in simultaneous village elections. 2. To analyze and find out the legal consequences of the election of traditional village heads which were carried out in simultaneous village head elections.Methods of the Research: The research used by the author is a normative juridical type of research, with a statutory approach and a conceptual approach. The data sources used to analyze and discuss the issues under study are secondary, primary and tertiary data sources, then legal materials obtained. Procedures for collecting legal materials and methods for analyzing legal materials.Results of the Research: Based on research obtained by Regional Regulation of West Seram Regency Number 11 of 2019 concerning Villages which stipulates that in West Seram Regency there are 92 villages This shows that there is no customary village before the simultaneous Pilkades are held according to the Village Law, it is better if the 92 villages in West Seram Regency are categorized as customary land and which are not, To answer this, the West Seram Regency Government should have ratified the legal product of the Regional Regulation on Indigenous Land.
Penegakan Hukum Administrasi Dalam Pelanggaran Pemilihan Umum Ditinjau Dari Undang-Undang Nomor 7 Tahun 2017 Rumbia, Dedi; Nirahua, Salmon Eliazer Marthen; Piris, Hendry John
TATOHI: Jurnal Ilmu Hukum Vol 4, No 2 (2024): Volume 4 Nomor 2, April 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i2.2130

Abstract

Introduction: Election administration violations include violations of any procedures, procedures or mechanisms related to the implementation of election administration at every stage of the election administration, the resolution of which is the responsibility of the Bawaslu which accepts, investigates, assesses, and decides on election administration violations.Purposes of the Research: This study aims to identify and analyze election violations in terms of Law Number 7 of 2017. And enforcement of administrative law against election violations in terms of Law Number 7 of 2017.Methods of the Research: This study uses normative legal research, legal approaches and conceptual approaches using data sources in the form of primary, secondary and tertiary legal materials. The legal material analysis technique used in this work is qualitative in nature, meaning that the collected data must be separated according to its category and then interpreted to obtain research answers.Results of the Research: The results of the study show that the administrative sanctions imposed on the perpetrators of election violations do not have a deterrent effect, because the sanctions imposed only improve procedures, procedures and mechanisms at the stage of summing up the election results. The sanctions imposed cause the person or several people to repeat the same mistake.
Penerapan Keadilan Restoratif Dalam Tindak Pidana Penganiayaan (Studi Kasus Pada Polsek Namrole) Nurlatu, Yohanis Onyong; Wadjo, Hadibah Zachra; Leasa, Elias Zadrach
TATOHI: Jurnal Ilmu Hukum Vol 4, No 2 (2024): Volume 4 Nomor 2, April 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i2.2129

Abstract

Introduction: Application Restorative Justice is an alternative settlement of criminal cases focused on punishment which is transformed into a process of dialogue and mediation involving perpetrators, victims, families of perpetrators/victims, and other related parties to jointly create an agreement on a fair and balanced settlement of criminal cases for both parties. Victims and perpetrators by prioritizing restoration to their original state and restoring good relations and the community. Purposes of the Research:  Review and Analyze the Urgency and Implementation of the Chief of Police Regulation Number 08 of 2021 in Handling Cases of Crime of Persecution at the Namrole PoliceMethods of the Research: The method used in this research is a type of normative research or what is called library research, which is research that examines document studies, namely using various secondary data such as laws and regulations, legal theory, and can be in the form of opinions of scholars.Results of the Research: The application of restorative justice can only be carried out on the crime of light maltreatment as referred to in Article 352 of the Criminal Code paragraph (1). belonging to Article 354 paragraph (1) of the Criminal Code and Article 90 of the Criminal Code must be processed in accordance with applicable legal procedures so that there is no inequality or injustice in the law because the true application of restorative justice refers to restoring the original state, aiming to empower victims, perpetrators, families, to correct an unlawful act by using awareness and responsibility.
Tanggungjawab Grab Express Terhadap Konsumen Dalam Jasa Pengantaran Barang Yulianti, Wa Ode; Berlianty, Teng; Haliwela, Nancy Silvana
TATOHI: Jurnal Ilmu Hukum Vol 4, No 2 (2024): Volume 4 Nomor 2, April 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i2.2128

Abstract

Introduction: Grab Express is a goods delivery service provided by the Grab company for people in Indonesia, grab express offers services to consumers in the form of services with drivers/couriers as business partners of the Grab Indonesia company. However, the services provided by the grab express company still have various irregularities committed by drivers/couriers to consumers who use grab express services.Purposes of the Research: This study aims to identify and describe the legal relationship between Grab Express and consumers in goods delivery services and this research also aims to analyze and explain accountability in the event of a loss on the part of the consumer.Methods of the Research: This research is a normative legal research, using a law approach and a conceptual approach. Legal research materials include primary, secondary, tertiary data sources. Data collection techniques in the form of literature study. Techniques for analyzing data on legal materials that were collected and compiled systematically and then reviewed and analyzed qualitatively.Results of the Research: From the research results, companies that provide Grab Express services can be held responsible for damage to goods sent to consumers through the driver/courier. Responsibility can be realized in the form of compensation and replacement as a result of damage or loss of goods experienced by consumers. The legal relationship between Grab Express and consumers occurs when consumers agree to the Grab Express service application. Grab Express has a legal relationship with the driver/courier as the officer who will deliver the goods to the consumer. If there is damage, the responsibility for the consumer can be requested from Grab Express and followed up by the driver/courier. Grab Express and driver/courier parties in carrying out their business activities are required to carry out their work responsibly and not harm consumers. Consumers are obliged to receive services as a form of right because they have fulfilled their obligations by paying a fee for using the Grab Express service.
Kebijakan Bebas Visa di Tengah Pandemic Covid 19 dan Implikasinya Bagi Stabilitas Nasional Indonesia Berdasarkan Hukum Keimigrasian Fitrah, Jihan; Peilouw, Johanis Steny Franco; Tuhulele, Popi
TATOHI: Jurnal Ilmu Hukum Vol 4, No 2 (2024): Volume 4 Nomor 2, April 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i2.2127

Abstract

Introduction: The government is currently trying to reduce the spread of COVID-19 in various ways. The issuance of the Circular of the COVID-19 Handling Task Force is an effort to deal with the COVID-19 pandemic. Not only does it regulate the lives of citizens in the country, the government has also decided to close the door for foreigners from abroad to enter. The ban on the entry of foreigners has even been increased since January 1 2021 All foreigners are prohibited from entering Indonesian territory, except for some groups who are excluded such as foreigners with Limited Stay Permits (ITAS), Permanent Stay Permits (ITAP), and Service and Diplomatic Stay Permits.Purposes of the Research: To find out about how the visa-free policy is regulated in the midst of the Covid 19 pandemic based on immigration law and what are the implications for national stability based on the principle of selective policy.Methods of the Research: The research method used is normative juridical. by using (state approach) and (statute approach). And sources of primary, secondary and tertiary legal materials as well as literature studies, then analyzed qualitatively.Results of the Research: The results of this study indicate that the visa-free policy has so far been stopped temporarily until the Covid 19 pandemic is declared over by the government. We can see this in the current Minister of Law and Human Rights, namely Minister of Law and Human Rights Number 34 of 2021 concerning Granting Visas and Immigration Stay Permits during the Handling Period of the Spread of Corona Virus Disease 2019 and National Economic Recovery. Over time, on April 6, the Ministry of Law and Human Rights, in this case the Director General of Immigration, issued a new policy regarding granting Free Visit Visas for special tours and Visit Visas on Arrival/VoA specifically for tourism which are listed in the Director General of Immigration Circular Letter Number IMI-0603.GR.01.01 2022 regarding Immigration Facilities in the Context of Supporting Sustainable Tourism During the 2019 Corona Virus Disease Pandemic. In the circular letter, foreigners who are allowed to enter using visa-free are 9 ASEAN countries. The nine ASEAN countries are Brunei Darussalam, the Philippines, Cambodia, Laos, Malaysia, Myanmar, Singapore, Thailand and Vietnam.
Legalitas Invasi Militer Terhadap Kedaulatan Teritorial Negara Dan Pertanggungjawabannya Hetharie, Brandon Tanner; Kainama, Marthinus; Wattimena, Josina Augustina Yvonne
TATOHI: Jurnal Ilmu Hukum Vol 4, No 2 (2024): Volume 4 Nomor 2, April 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i2.2126

Abstract

Introduction: Military invasion is the act of deploying a country's armed forces into the sovereign territory of another country with the aim of controlling, replacing the existing government, taking part of the territory and even helping the region to secede from its parent country. In reality, military invasions are often carried out, such as Russia's military invasion of Ukraine in 2022.Purposes of the Research:  The purpose of this study is to examine and find out the legality of military invasions against state territorial sovereignty and its responsibility.Methods of the Research: This research is a normative juridical research is a document study (using legal sources such as laws and regulations, court decisions, legal theories and / or opinions of scholars). In simple terms, this type of research is also called doctrinal legal research, literature or document studies.Results of the Research: The results of this study show that the legality of military invasion of a country's territorial sovereignty is not justified in international law. The regulation of military invasion is recognized as an act of aggression stipulated in article 3 of UN General Assembly Resolution 3314 and reinforced as a crime of aggression in article 8 bis paragraphs 1 and 2 of the Rome Statute. Military invasion is also a violation of a country's sovereignty based on the UN Charter article 2 paragraphs 1 and 4, Kellog-Briand pact, Declaration on Rights and Duties of States. If a military invasion leads to war, it must be subject to the provisions of jus war. The form of state responsibility for acts of military invasion of a country's territorial sovereignty is in the form of satisfaction (submission of a memorandum of apology) to the injured state followed by the withdrawal of armed forces with a guarantee that it does not repeat the action and makes compensation in the form of giving a sum of money or compensation is not a sum of money known as nonpecuniary.

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