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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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Akibat Kealpaan Pemilik Lahan Yang Memasang Aliran Listrik Laimu, Wa Narti; Titahelu, Juanrico Alfaromona Sumarezs; Latumaerissa, Denny
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.v3i12.2114

Abstract

Introduction: In criminal law, willfulness (dolus) is the desire and understanding that an action and its consequences occur, while negligence (culpa) is unintentional where caution is required of everyone, so as not to result in negligence resulting in death.Purposes of the Research: The purpose of this study is to discuss and analyze the consequences of the negligence of the land owner who installed electricity resulting in the death of people.Methods of the Research: By using normative juridical legal research methods (legal research). Type of descriptive analysis research. The problem approach consists of a statute approach, a conceptual approach, and a case approach. Sources of legal materials consist of: a) primary legal materials, namely the book of criminal law (KUHP), b) law number 30 of 2009 concerning electricity. Secondary legal materials, namely: doctrines, legal literature theories, research results and scientific articles. Tertiary legal materials are legal dictionaries, Indonesian language dictionaries, and websites. The collection and analysis of legal materials is to collect data, compile it methodically and then analyze it qualitatively to get clarity about the problems at hand.Results of the Research: The results of this study are that due to the negligence of the land owner who installs electricity which results in the death of people, it can be categorized as a crime, where due to negligence or negligence the perpetrator flows his garden fence with high-voltage electric current and does not return to turn off the electricity in succession. Consecutive for two days, and did not notify the local community so as to result in the death of someone. Criminal liability of perpetrators of criminal acts of negligence resulting in the death of another person is regulated in Indonesian positive law regulated in Article 359 of the Criminal Code (KUHP) which restrictively reads: "Anyone who because of his mistake (negligence) causes another person to die, is threatened with the death penalty. Imprisonment for a maximum of five years or a maximum imprisonment of one year”.
Kajian Kriminologi Terhadap Aksi Pencurian Kendaraan Bermotor Roda Dua Mahinano, Ririn; Adam, Sherly; Lewerissa, Yanti Amelia
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.v3i12.2113

Abstract

Introduction: The crime of theft of two-wheeled motor vehicles is a crime against property that is not uncommon in developing countries. However, the level of public awareness of the importance of protecting personal property is often ignored, so there are easily many opportunities for criminals to carry out their evil actions.Purposes of the Research: to study and discuss the factors causing the theft of two-wheeled motor vehicles in the jurisdiction of the Ambon Island Police and Lease Islands. As well as to review and discuss the efforts of the Ambon Island Police and Lease Islands in handling the theft of two-wheeled motorized vehicles.Methods of the Research: In this study is empirical juridical. Research location of the Ambon Island Police and Lease Islands. Population is the entire research unit that will be researched and then analyzed, Sample is the set of the population, Respondents are people who will answer questions asked by researchers for research purposes. The data source used is primary data and secondary data. Data collection techniques are carried out by interviews and documentation studies. Data analysis techniques are carried out qualitatively.Results of the Research: Shows that the factors causing the theft of two-wheeled motorized vehicles in the jurisdiction of the Ambon Island Police and Lease Islands are: The economic factor is the most influencing factor so that a person can commit a crime. The educational factor, when associated with the background of the crimes committed, is that the average perpetrator has low education. Environmental factors, whether good or bad, a person's behavior is strongly influenced by his social environment. The factor of negligence of users of two-wheeled motorized vehicles, crime of theft often arises due to the negligence of the user himself, for example by forgetting to lift the key, not locking the motor starter and others. -Lease islands namely: Preemptive efforts are the initial efforts made by the police to prevent the occurrence of the crime of theft of two-wheeled motorized vehicles, preventive efforts are carried out to prevent crimes from occurring. Meanwhile, repressive efforts are efforts to take action in the form of arrests for further legal proceedings against perpetrators who commit theft of two-wheeled motorized vehicles.
Penerapan Keadilan Restoratif Dalam Tindak Pidana Lalu Lintas Kiriwenno, Refliani Drevantly; Sopacua, Margie Gladies; Ubwarin, Erwin
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.v3i12.2112

Abstract

Introduction: The traffic accident that happened to DH (18), a member of the community from Laha Village, Teluk Ambon District, was declared dead after the motorcycle he was driving was hit by a car driven by an RT is a crime that is not a minor crime as stated in the State Police Regulations Republic of Indonesia Number 8 of 2021 concerning the Handling of Crimes Based on Restorative Justice, however this case was resolved peacefully, and investigators stopped the legal process.Purposes of the Research: The research objective at this writing is to examine and discuss the concept of restorative justice in the criminal justice system. Reviewing and discussing restorative justice that can be applied to traffic crimes that result in the death of victims.Methods of the Research: The research method used is empirical juridical research, which is a type of research used to look at legal aspects of social interaction in society.Results of the Research: The concept of Restorative Justice is applied in the Criminal Justice System, for example the National Police Uses the National Police to issue a Circular of the Chief of Police Number: SE/8/VII/2018 dated 27 July 2018 in order to realize the public interest and a sense of justice for people who do not yet have a legal basis and can be used as a guideline for its implementation and in order to realize the non-uniform understanding and application of restorative justice within the Police. In its development, the National Police issued Republic of Indonesia National Police Regulation Number 8 of 2021 concerning Handling of Crimes Based on Restorative Justice. Restorative Justice can be applied in Traffic Crimes that result in the victim dying, using the basis of the Chief of Police Circular Letter Number: SE/8/VII/2018 which is then amended by Republic of Indonesia National Police Regulation Number 8 of 2021 concerning Handling of Crimes Based on Restorative Justice, and Article 236 of Law Number 22 of 2009 concerning Road Traffic and Transportation, as the basis for application.
Tanggung Jawab Orang Tua Yang Menelantarkan Anak Prespektif Perdata Manuhutu, Novrilianty Abril; Laturette, Adonia Ivone; Angga, La Ode
TATOHI: Jurnal Ilmu Hukum Vol 4, No 5 (2024): Volume 4 Nomor 5, Juli 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i5.2441

Abstract

Introduction: Government Children are a mandate as well as a gift from God the Almighty, who must always be guarded because every person (child) has basic human rights that have been regulated in the constitution, even he has inherent dignity and human rights, so children cannot be abandoned. The law has regulated related to child protection.Purposes of the Research: The purpose of this study is to find out and explain the responsibilities of parents who abandon children, and the legal consequences for parents who abandon children.Methods of the Research: This research uses the type of normative juridical research, with a problem approach used is descriptive analysis, namely literature studies and from field studies, the sources of law used are primary legal materials and secondary legal materials. The data collection procedure is using literature study. The legal management and analysis used is the method of normative analysis, namely relating it to the applicable legal norms.Results of the Research: The results of the writing show that the responsibility of parents who abandon children is caused by economic factors, harmony in the family, the awareness and attention of parents towards children is so lacking that children lose their rights. The legal consequences for parents who abandon their children are fines, even up to the revocation of custody of their children, therefore supervision regarding this case must be more efficient.
Akibat Hukum Penentuan Nasib Sendiri Menurut Hukum Internasional (Kasus Di Papua Barat) Pollatu, Maretz; Wattimena, Josina Augustina Yvonne; Waas, Richard Marsilio
TATOHI: Jurnal Ilmu Hukum Vol 4, No 7 (2024): Volume 4 Nomor 7, September 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i7.2462

Abstract

Introduction: Legal independence by contract in international law is a form of self-deception (the right to self-determination), so that self-deception is a right that must also be emphasized more so that countries can follow it. Purposes of the Research:  The purpose of this writing is to study and find out the legal consequences according to international law (the case in West Papua).Methods of the Research: This study uses a normative juridical method with the legal materials used in the research being primary, secondary and tertiary and the procedure and analysis of legal materials in the research through the process of collecting legal materials then studied, read, studied, classified, and analyzed qualitatively.Results of the Research: The legal consequences of the problem regarding Benny Wenda's statement are not in accordance with international law so that the legal consequences are faded towards a certain legal situation because the State of Indonesia is a sovereign country through the process of fighting for human rights and state values based on democratic references.
Legalitas Drone (Pesawat Tanpa Awak) Sebagai Alat Melakukan Mata-Mata Dalam Perang Harling, Firstjuan Imanuel Van; Peilouw, Johanis Steny Franco; Hanafi, Irma Halimah
TATOHI: Jurnal Ilmu Hukum Vol 4, No 7 (2024): Volume 4 Nomor 7, September 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i7.2461

Abstract

Introduction: The use of drone technology as a weapon of war raises several problems, both in terms of action and consequences. In terms of action, when drones are used as weapons, participants in armed conflict are no longer just humans fighting each other, but between (non-living) robots against living (humans). Apart from the legality of war and the use of drones as weapons of war, drone attacks can be carried out secretly, at any time and without the knowledge of the enemy.Purposes of the Research: This writing aims to examine and find out the use of drones (unmanned aircraft) as a tool for espionage in International Humanitarian Law and more specific rules regarding the use of drones (unmanned aircraft) as a tool for spying in war.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 use of drones (unmanned aircraft) as a tool to carry out espionage in International Humanitarian Law, is contained in Article 36 of Additional Protocol I to the 1977 Geneva Convention. Article 36 intends to maintain the development of weapons used both by countries and international organizations to continue to respect, maintain and not cross the boundaries of existing international humanitarian law principles. The current arrangement is too old and cannot be definitively binding. The use of drones as weapons has been carried out in the absence of an adequate legal regulation on this matter, Article 36 of Additional Protocol I of 1977 only contains general matters regarding the development of weapons technology and methods of warfare, but does not specifically and specifically regulate the use of drones. The absence of legal rules that specifically and specifically regulate the use of drones, which relate to their use as weapons, this will open up enormous opportunities for misuse and violations of international humanitarian law.
Keabsahan Tindakan Gubernur Maluku Menunjuk PT Bumi Perkasa Timur Sebagai Mitra Kerja Sama Pemenfaatan Ruko Dikawasan Mardika Salhuteru, James Ricardo; Salmon, Hendrik; Pattinasarany, Johanes
TATOHI: Jurnal Ilmu Hukum Vol 4, No 6 (2024): Volume 4 Nomor 6, Agustus 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i6.2457

Abstract

Introduction: Based on Regional Regulation No. 9 of 2017 stipulates that the determination of cooperation partners for the utilization of regional property is carried out through a tender, not a direct appointment by the Governor. However, the Governor of Maluku made the direct appointment of PT. Bumi Perkasa Timur as a cooperation partner for the use of shophouses in the Mardika area as regional property.Purposes of the Research:  To analyze the legitimacy of the actions of the Governor of Maluku, he appointed PT BUMI PERKASA TIMUR as a Cooperation Partner for the Utilization of Shophouses in the Mardika Area as regional property. To analyze the legal consequences of the actions of the Governor of Maluku, he appointed PT BUMI PERKASA TIMUR as a Cooperation Partner for the Utilization of Shophouses in the Mardika Area as regional property.Methods of the Research: This research uses normative juridical research methods. The research approach used by the author is a statutory approach (Statute Approach) and a conceptual approach (Conceptual Approach). The procedure for collecting legal materials is carried out by means of library research. The legal materials used by the author in this study are primary legal materials, secondary legal materials, and tertiary legal materials.Results of the Research: The actions of the Governor of Maluku made the appointment of PT. Bumi Perkasa Timur as a cooperative partner in the use of shophouses in the Mardika area is an action that has no validity, because it is not in accordance with the established procedures.
Penerapan Ajaran Kausalitas Pada Kecelakaan Lalu Lintas Yang mengakibatkan Kematian Eugara, Lukas Putra; Hehanussa, Deassy Jacomina Anthoneta; Latupeirissa, Julianus Edwin
TATOHI: Jurnal Ilmu Hukum Vol 4, No 6 (2024): Volume 4 Nomor 6, Agustus 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i6.2456

Abstract

Introduction: The teaching of causality in criminal law or better known as a causal relationship is very interesting. There are various theories of causality known in criminal law. These theories were born to answer one important question in criminal law, namely what is the cause of an effect. Often in the event of a traffic accident the focus in solving is only on the facts of the incident but the presence of causality becomes a filter to see which is the cause of the effect.Purposes of the Research: This study aims to analyze and discuss the application of causality to traffic accidents that result in death.Methods of the Research: This research is a normative legal research. In this study, the approach used is the legal approach. Sources of data obtained are primary legal materials and secondary legal materials. The technique of collecting legal materials is by means of library research by collecting materials through invitations, reference books, mass media, such as newspapers. The overall data in this study were analyzed qualitatively.Results of the Research : The results of this study indicate that the application of the teaching of causality to traffic accidents resulting in death has its own problems where law enforcers, both the police, prosecutors and judges, always use the theory/doctrine of causality because the causality teaching has not been clearly defined, so the application that is present only one or two doctrines from the teachings of causality, be it the theory of conditio sine quo non, generalizing, individualizing, to relevance. Therefore it is very important to provide technical guidelines for judges and prosecutors in interpreting, exploring, analyzing, and applying the teachings of causality so that the process of finding causes that cause prohibited effects produces a truth.
Peran Detasemen Khusus 88 Anti Teror Kepolisian Negara Republik Indonesia dalam menanggulangi Paham Radikalisme Di Kota Ambon Siauta, Dody Alfayed; Titahelu, Juanrico Alfaromona Sumarezs; Leasa, Elias Zadrach
TATOHI: Jurnal Ilmu Hukum Vol 4, No 6 (2024): Volume 4 Nomor 6, Agustus 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i6.2455

Abstract

Introduction: Densus 88 AT Polri received information and succeeded in thwarting a plan for amaliah or an act of terror against one of the churches in Ambon City, Maluku Province. As long as they survive, both the terrorists and the families of the suspected terrorists are still the responsibility of Densus 88 Polri.Purposes of the Research: to examine efforts to overcome radicalism and the obstacles faced by the Special Detachment 88 Anti-Terror of the Indonesian National Police in Ambon City. The type of research used in this research is empirical juridical. The research location is the Maluku Regional Task Force Densus 88 in Ambon City.Methods of the Research: empirical juridical. The research location is the Maluku Regional Task Force Densus 88 in Ambon City.Results of the Research: efforts to tackle radicalism by the Special Detachment 88 Anti-Terror of the Indonesian National Police in Ambon City are through a preventive strategy, namely carrying out surveillance activities; including closed supervision of suspected terrorists with the aim of collecting as much information as possible from suspected terrorists, both the personal data of the suspected terrorists and the daily activities of the suspected terrorists. The second is carrying out social identification activities (Idensos) as a deradicalization effort, namely by visiting ex convicts by providing assistance to ex convicts with the aim that ex convicts can be helped and can continue a better life as Indonesian citizens who are far from radicalism. Third, counter-radicalization efforts, namely collaborating with the Office of the Ambon City Ministry of Religion to provide counseling to various schools so that they can avoid radicalism. The next strategy is to carry out repressive efforts, namely taking action against suspected terrorists who will carry out acts of terror commonly called amaliah acts, both those that are still in the planning stages and after the implementation of terrorist acts. In addition, the obstacles faced by the Special Detachment 88 Anti-Terrorism of the Indonesian National Police in Ambon City include a lack of personnel both conducting surveillance and social identification, the lack of informants from the public who have direct contact with suspected terrorists, terrorist families and ex-terrorist convicts who are not willing to return to the notion of nationalism and still hold fast to the thoughts and understanding of radicalism.
Penyelidikan Dan Penyidikan Dalam Perkara Pidana Leasa, Cynthia Cornelia; Adam, Sherly; Hattu, Jacob
TATOHI: Jurnal Ilmu Hukum Vol 4, No 6 (2024): Volume 4 Nomor 6, Agustus 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i6.2454

Abstract

Introduction: Criminal law enforcement in Indonesia has started from a short but long and long time, at least it can be seen from the enactment of law number 8 of 1981 concernig the Criminal Procedure Code. Police in carrying out their duties as law enforcement officers must be based on law number 2 of 2002 Indonesian National Police.Purposes of the Research:  Analyze and discuss the legal reasons reports in criminal cases and the legal consequences if a reported criminal case is not processed.Methods of the Research: This study uses a normative juridical research method because it uses a literature study that adheres to the juridical aspects with the types of statutory approaches, conceptual approaches, and case approaches.Results of the Research: The results of the study show that regulations regarding reports that can be rejected by the police have not been clearly regulated, only sanctions related to the police code of ethics are provided so that many people feel unfairly related to what yhe police have dne in terms of rejecting reports for reasons that are not clear on the law. Investigationsinto criminal cases have also not been fully carried out because many investigators are less professional. If it results of the investigations of the report cannot meet the evidence, the investigator can stop the investigation being carried out.

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