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Muchtar A H Labetubun
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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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Penyelesaian Penanganan Perkara Tindak Pidana Penyalahgunaan Narkotika Adoa, Rama; Sopacua, Margie Gladies; Taufik, Iqbal
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.v4i3.2142

Abstract

Introduction: So far, rehabilitation sentences have been imposed for narcotics abuse through the mechanism of examination in court and through a judge's decision or judge's decision based on a Supreme Court Circular.Purposes of the Research: This writing aims to examine and analyze the Implementation of the Prosecutor's Dominus Litis Principle in Completing the Handling of Narcotics Abuse Crime Cases and the Obstacles Faced in the Implementation of the Prosecutor's Dominus Litis Principle in Completing the Handling of Narcotics Abuse Crime Cases.Methods of the Research: The type of research in this research is empirical juridical, in other words, it is a type of sociological legal research and can also be called field research, which examines the legal provisions that apply and what actually happens in society. Supporting data and information are then identified and then systematized for interpretation and given arguments to draw conclusions on the problem.Results of the Research: The results of this study indicate that the implementation of the prosecutor's dominus litis principle in completing the handling of cases of criminal acts of narcotics abuse at the Ambon District Attorney's Office, that the implementation of the Attorney General's Guidelines Number 18 of 2021 cannot be applied. From an internal point of view, the Attorney General's Office prefers to proceed with the prosecution stage for several existing narcotics cases. The obstacles faced in implementing the principle of Dominus Litis Prosecutors in completing the handling of cases of criminal acts of narcotics abuse at the Ambon District Attorney. Which led to JA Guideline No. 18 and No. 11 has not been implemented at the Ambon District Attorney.
Konflik Norma dalam Pengaturan Pemilahan Sampah Lawalata, Magreth Syelen; Sedubun, Victor Juzuf; Holle, Erick Stenly
TATOHI: Jurnal Ilmu Hukum Vol 4, No 1 (2024): Volume 4 Nomor 1, Maret 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i1.2123

Abstract

Introduction: Government Regulation No. 81 of 2012 article 17 paragraphs (2), (4) and (5), stipulates that The District/City Government provides a means of sorting District/City-scale waste against 5 types of waste. Then, Local Regulation No. 11 of 2015 Article 27 letter f, only requires Local Government of Ambon City to provides waste sorting facilities for 3 types of waste.Purposes of the Research: The purpose of this research is to find out and analyze the conflict of norms in the regulation of Local Regulation No. 11 of 2015 Article 27 letter f with Government Regulation No. 81 of 2012 article 17 paragraphs (2), (4) and (5). The conflict of norms that occurs between the two regulations, interaction is a unilateral conflict of norms and in substantially is a partial conflict of norms.Methods of the Research: This research used normative research method.Results of the Research: Based on the principle of hierarchy, Local Regulation. In fact Local Regulation No. 11 of 2015 Article 27 letter f regulates the type of waste that is not in accordance with Government Regulation No. 81 of 2012 article 17 paragraphs (2), (4) and (5).
Kewenangan Pemerintah Daerah Dalam Perjanjian Kerjasama Internasional Wattimena, Jose Christy; Nendissa, Renny Heronia; Daties, Dyah Ridhul Airin
TATOHI: Jurnal Ilmu Hukum Vol 4, No 1 (2024): Volume 4 Nomor 1, Maret 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i1.2122

Abstract

Introduction: The development of the international community which has an impact on political and economic regionalization also has demands for local autonomy affecting patterns of international relations, in line with this, new actors have emerged where local governments have played a role in entering into international cooperation agreements.Purposes of the Research: This writing aims to identify and analyze the position of local government as a legal subject in international cooperation agreements and to determine and analyze the form of local government authority in entering into international cooperation agreements.Methods of the Research: The research method used is normative juridical with a problem approach using a statutory approach and a conceptual approach. The legal materials used consist of primary and secondary legal materials with legal material collection techniques carried out through library research.Results of the Research: The results of this study conclude that the regional government in entering into international cooperation agreements cannot be seen as a proper subject of international law, in entering into international cooperation agreements the position of the regional government remains a representation of the state. The form of regional government authority in entering into international agreements is a combination of delegation and mandate because it is a pre-existing delegation of authority from the center to the regions and acts on behalf of the state, in this case the authority giver.
Keabsahan Pemilihan Ulang Dalam Pemilihan Kepala Desa Serentak Meute, Anjelin Melna Adriana; Pietersz, Jemmy Jefry; Irham, Muhammad
TATOHI: Jurnal Ilmu Hukum Vol 4, No 1 (2024): Volume 4 Nomor 1, Maret 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i1.2121

Abstract

Introduction: There is no regulation explaining the re-election of village heads.Purposes of the Research: The purpose of this study is to find out and analyze the arrangements for re-election of simultaneous village head elections, to find out and analyze the legitimacy of re-election arrangements for simultaneous village head electionsMethods of the Research: This research used normative research method.Results of the Research: The results of the study, it was found that re-election was not regulated in Indonesian legislation even though there were settlement disputes which culminated in the process of resolving village head elections to legal remedies and the validity of re-election was invalid, if fraud and injustice were found in village head elections and carried out based on the applicable statutory provisions, so that there must be arrangements regarding re-election.
Eksaminasi Khusus Kejaksaan Agung Dalam Perkara Tindak Pidana Tahya, Rizky Imanuel; Toule, Elsa Rina Maya; Pattipawae, Dezonda Rosiana
TATOHI: Jurnal Ilmu Hukum Vol 4, No 1 (2024): Volume 4 Nomor 1, Maret 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i1.2120

Abstract

Introduction: Special Examination is the process of conducting research and looking for certain case files that attract the attention of the media or other cases which, in the opinion of the leadership, need to be examined both for active cases and cases that have been handled by prosecutors or public prosecutors and which have obtained permanent legal force.Purposes of the Research: The purpose of this study is to find out and analyze the authority of the Attorney General's Office in taking over the prosecution of criminal cases from the Public Prosecutor's Office and to find out and analyze the application of special examinations conducted by the Attorney General's Office in accordance with the provisions of the Laws and Regulations. The type of research used is normative legal research with an analytical descriptive type which examines the findings from the literature review which are then analyzed into several chapters with a systematic flow.Results of the Research: The results of the research are that the Attorney General, who is the main public prosecutor in handling criminal cases, has the authority to delegate some of his rights to the public prosecutor in handling criminal cases in accordance with a mechanism that is in accordance with positive law.
Laporan Penelitian Kemasyarakatan Sebagai Bahan Pertimbangan Hakim Dalam Penjatuhan Pidana Terhadap Anak Mataheru, Fioren; Lewerissa, Yanti Amelia; Tuhumury, Carolina
TATOHI: Jurnal Ilmu Hukum Vol 4, No 1 (2024): Volume 4 Nomor 1, Maret 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i1.2119

Abstract

Introduction: Community research (LITMAS) is one of the main tasks of Correctional Centers (Bapas). This task is carried out by the Social Guidance Functional officer. This Litmas aims to provide recommendations in the process of resolving child cases.Purposes of the Research: Research Objectives: This study aims to find out whether social research reports have been used by judges as material for consideration in imposing crimes against children and what are the legal consequences of a judge's decision without considering social research reports.Methods of the Research: The research method used is normative juridical research where library materials are the basis for (knowledge) research which is classified as a secondary source material. The problem approach used is the statutory approach, the conceptual analysis approach and the case approach. The legal materials used are primary, secondary and tertiary legal materials. The collection technique used literature study as well as the processing and analysis techniques of legal materials by way of description using qualitative methods.Results of the Research: The research results show that social research reports have not been considered optimally because there are still judges' decisions that ignore social research results. This is not in accordance with the hope of realizing the best justice for the interests of children provided by the SPPA Law. Therefore, the Government as the legislator must explain in detail how social research reports must be considered, so that judges do not have different interpretations when deciding cases.
Kerugian Nasabah Akibat Kesalahan Pejabat Perbankan Lambouw, Giovita Nathaza Prasedia; Laturette, Adonia Ivone; Latupono, Barzah
TATOHI: Jurnal Ilmu Hukum Vol 4, No 1 (2024): Volume 4 Nomor 1, Maret 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i1.2118

Abstract

Introduction: Bank as financial institutions that provides financial services in doing their job and responsibility, also needed the community to run the wheels of the country’s economy by building relationships with the community as customers based on law and trust as a base of the relationship.Purpose of the Research: The purpose of this paper is to determine Bank’s responsible to the mistakes that caused by the bank official and the form of compensation that given by the Bank to the customer.Methods of the Research: The research method used is normative juridical research with analytical descriptive type through a conceptual approach, statuary approach and case studies.Results of the Research: Based on the results of the research: first, the relationship between the bank and the customer, apart from based by trust relationship, it also gives a legal responsibility by the bank. Second, parties that are proven to fulfilled the elements of unlawful act can be sued for compensation by the other party based on the amount of loss that they have caused and what kind of form of the compensation that must be replaced.
Perlakuan Diskriminatif Terhadap Pengungsi Kulit Hitam Di Ukrainperlakuan Diskriminatif Terhadap Pengungsi Kulit Hitam Di Ukraina Pattiasina, Niken Vira; Wattimena, Josina Augustina Yvonne; Hattu, Vondaal Vidya
TATOHI: Jurnal Ilmu Hukum Vol 4, No 1 (2024): Volume 4 Nomor 1, Maret 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i1.2117

Abstract

Introduction: When the Russian invasion of Ukraine caused thousands of refugees to seek refuge in neighboring countries, not a few of the black refugees were discriminated against and made it difficult for Ukrainian border officials to find protection. This fact illustrates the violation of Human Rights, especially for black refugees, because it is not in accordance with the 1951 Convention and the 1967 Protocol. This makes the author examine the Discriminatory Treatment of Black Refugees in Ukraine.Purposes of the Research: This study aims to examine how discriminatory treatment of black refugees can be qualified as a violation of human rights, how is the responsibility of UNHCR in dealing with the issue of refugees being discriminated againstMethods of the Research: This research is a normative juridical research by means of research conducted by collecting primary, secondary, tertiary data, obtained by using library research. The data that has been collected is analyzed systematically based on legal disciplines to achieve clarity on the issues to be discussedResults of the Research: The results obtained from this study are, discriminatory treatment of black refugees can be qualified as a violation of Human Rights because it violates the principles of Human Rights which are jus cogens, and is not in accordance with the rights of refugees as regulated in the 1951 Convention and 1967 Protocol. Then the responsibility of UNHCR (United Nations High Commissioner for Refugees) in dealing with the issue of discrimination against black refugees is coordinating with the Government of Ukraine and third countries or countries that provide asylum, in providing protection by providing facilities and ensuring that refugees are treated equally in fulfilling their rights, to find safe and appropriate shelter.
Perspektif Hukum Internasional Terhadap Suku Bangsa Kurdi yang Stateless Titalessy, Andre; Peilouw, Johanis Steny Franco; Rehatta, Veriana Josepha Batseba
TATOHI: Jurnal Ilmu Hukum Vol 4, No 1 (2024): Volume 4 Nomor 1, Maret 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i1.2116

Abstract

Introduction: The background of this research is that citizenship is a form of identity that allows individuals to feel the meaning of ownership, rights and social obligations in the political community (state). The Universal Declaration of Human Rights (UDHR) confirms that everyone has the right to a citizenship.Purposes of the Research: Writing aims to determine the arrangement of International Law against a person who has no citizenship and to know the implementation of International Law against ethnic Kurds.Methods of the Research: This type of research is normative law, namely research that uses secondary data sources with data sources consisting of primary, secondary and tertiary legal materials. The data collection technique used was library research, namely research carried out by collecting various kinds of literary literature either through print media or online media with data collection tools in the form of document studies.Results of the Research: The results of this study indicate that international law has provided rules for a person who has no nationality, including the Universal Declaration of Human Rights, the 1954 Geneva Convention Concerning the Status of Stateless Persons and the 1961 Geneva Convention Concerning the Reduction of Statelessness, the Declaration on the Rights of Persons -Persons of National or Ethnic, Religious and Linguistic Minorities and the International Convention on the Elimination of All Forms of Racial Discrimination. International law has provided clear arrangements for resolving statelessness. But ethnic Kurds in Syria still do not enjoy citizenship rights. The participation of the state government is needed in tackling this.
Kewenangan Pembentukan Kantor Dewan Perwakilan Daerah Repbulik Indonesia (DPD RI) Di Daerah Pemilihannya Van Harling, Bryan Cristanto; Nendissa, Renny Heronia; Piris, Hendry John
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.v3i12.2115

Abstract

Introduction: 4 DPD-RI offices in their constituencies have only become definitive or owned by DPD RI but 30 other provinces are still using building loan facilities or leasing facilities owned by the Regional Government even though Law No. 17 of 2014 concerning MD3 article 252 describes the DPD RI office must be in the capital city province. Thus it is necessary to have procedures in establishing DPD offices in their constituencies.Purposes of the Research: This writing aims to describe the form of accountability for establishing DPD RI offices in each constituenc.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. Results of the Research: The procedure for establishing the RI DPD Office can be carried out through the following stages: a) Discussion of the RI DPD office; b) Discussion of Complementary Tools by PURT; c) Submission of the draft to DPD RI; d) Discussion of the development plan by Commission III of the DPR RI; e) Ratification of the DPD RI office construction plan; f) Discussion on the urgency of implementing development by PURT Complementary Tools; g) Cooperation with the Regional Government; h) Construction is underway.

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