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.
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476 Documents
<![CDATA[Penyelesaian Hukum Terhadap Nasabah Lembaga Keuangan Bukan Bank Yang Terdampak Pandemi Covid-19 ]]>
<![CDATA[Waremra, Merlin Clara]]>;
<![CDATA[Berlianty, Teng]]>;
<![CDATA[Pariela, Marselo Valentino Geovani]]>
<![CDATA[ TATOHI: Jurnal Ilmu Hukum Vol 4, No 6 (2024): Volume 4 Nomor 6, Agustus 2024 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/tatohi.v4i6.2453
<![CDATA[Introduction: Bunas Finance Indonesia (BFI) is a company that serves loans with vehicle and house certificate guarantees, therefore Bunas Finance Indonesia (BFI) provides credit to customers with a period ranging from 12 months to 48 months or depending on the loan product chosen by the customer, if the customer experiences a delay in payment, a fine of 0.5% or 0.3% per day of the loan made. However, currently the world has been hit by an Extraordinary Event in the form of the Covid-19 pandemic caused by the SARS-CoV-2 virus which infected the first individual in Wuhan and then spread to all corners of the world, including IndonesiaPurposes of the Research: This study aims to determine and explain the effect of the Covid-19 pandemic on Bunas Finance Indonesia (BFI) customers in carrying out payment obligations. To find out and explain legal settlements for customers of Bunas Finance Indonesia (BFI) as a non-bank financial institution affected by the Covid-19 pandemicMethods of the Research: This research is legal research. This research is normative legal research or library law research where it is in the form of legal theory, studied data, laws and regulations, and court decisions.Results of the Research: From the results of the research, companies that provide Bunas Finance Indonesia (BFI) can be held accountable for defaulting on customers in financial settlements so that customers can get the vehicles they own.]]>
<![CDATA[Hak Waris Anak Dari Ibu Pengganti (Surrogate Mother) Ditinjau Dari Hukum Islam ]]>
<![CDATA[Sukur, Ahmaf Fuzail]]>;
<![CDATA[Latupono, Barzah]]>;
<![CDATA[Angga, La Ode]]>
<![CDATA[ TATOHI: Jurnal Ilmu Hukum Vol 4, No 6 (2024): Volume 4 Nomor 6, Agustus 2024 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/tatohi.v4i6.2452
<![CDATA[Introduction: According to Article 832 of the Civil Code, it is known that legal and illegitimate blood and the spouse with the longest life are entitled as heirs. Islamic Sharia establishes the rules of inheritance in an orderly and fair manner. When a person, male or female, is legally assigned to possess. Islam also provides for the right to transfer one's property after death to his heirs and all his relatives, without distinguishing between male and female.Purposes of the Research: The purpose of this study is to know and explain the legal position of children from surrogate mothers in terms of Islamic Law. 1). To know and explain the inheritance rights of children from surrogate mothers in terms of Islamic Law. 2). As one of the academic requirements to obtain a law degree at the Faculty of Law, Pattimura University.Methods of the Research: This research uses a type of normative juridical research that is analytical descriptive.Results of the Research: 1. The legal status of surrogate mothers in Islamic law is that in Islamic law, a child born to a surrogate mother belongs to the mother who conceived and gave birth to the child, even though the egg is not hers. Children born through this process are also assigned to pregnant and giving birth mothers, that is, mothers whose womb is rented out. A child born with surrogacy cannot be combined with a woman who has a mother egg or embryo in the child, because according to Islamic law, surrogacy is not permissible or haram. 2. The right of inheritance of the surrogate mother's child in the sense of Islamic law is the right of inheritance of a child born to a surrogate mother, because in the Qur'an it is explained that the woman who gives birth and the pregnant woman has the right to take care of her, because in the blood of the child flows the blood of the woman who contains her.]]>
<![CDATA[Pencemaran Pada Selat Internasional dan Tanggung Jawab Negara Pemilik Kapal ]]>
<![CDATA[Samuel, Wayan Dharmayana]]>;
<![CDATA[Kainama, Marthinus]]>;
<![CDATA[Peilouw, Johanis Steny Franco]]>
<![CDATA[ TATOHI: Jurnal Ilmu Hukum Vol 4, No 6 (2024): Volume 4 Nomor 6, Agustus 2024 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/tatohi.v4i6.2451
<![CDATA[Introduction: The many phenomena of sea pollution that often occur, especially in international straits as a result of ship activities, make this problem an urgent matter. Considering that Indonesia is an archipelagic country with a total of 17,500 islands and 70% of the sea area and only 30% of the land area.Purposes of the Research: The purpose of writing in this research is to know and understand the regulation of international law of the sea for pollution that occurs in international straits and to know and understand the responsibilities of ship-owning states based on international law.Methods of the Research: Qualitative analysis research method, normative legal research type, problem approach using three problem approaches namely statutory approach, conceptual approach and case approach. Source legal materials primary legal materials, secondary legal materials and also tertiary legal materials.Results of the Research: The results of the study prove that pollution in international straits has been regulated in an international law, namely in the 1982 UNCLOS, and in terms of the responsibility of the ship owner state adheres to the principle of absolute responsibility (strict liability) as stated in the 1969 CLC but not all cases can be Using this principle, only cases that have a large impact on the environment can use this principle, for example the case of an oil spill in a country's marine environment.]]>
<![CDATA[Pemberantasan Kejahatan Perbankan Antar Negara Yang Belum Melakukan Perjanjian Ekstradisi (Studi Kasus Maria Pauline Lumowa) ]]>
<![CDATA[Lesnussa, Vanesia]]>;
<![CDATA[Wattimena, Josina Augustina Yvonne]]>;
<![CDATA[Tahamata, Lucia Charlota Octovina]]>
<![CDATA[ TATOHI: Jurnal Ilmu Hukum Vol 4, No 6 (2024): Volume 4 Nomor 6, Agustus 2024 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/tatohi.v4i6.2450
<![CDATA[Introduction: There are many phenomena of corruption where the perpetrators flee abroad, making it difficult to eradicate corruption. Based on data from Indonesia Corruption Watch (ICW) there are more than 30 fugitives for corruption who have fled abroad and resulted in state losses of around IDR 53 trillion. Indonesia as a country prone to corruption requires international cooperation in dealing with cross-border crimes such as economic crimes in the banking sector.Purposes of the Research: This paper aims to analyze and find out the extradition mechanism in banking crimes for countries that have not entered into an extradition treaty. As well as to analyze and find out legal remedies to return criminal assets to the state according to law return of criminal assets to the state according to international law.Methods of the Research: The research method in this writing is a qualitative analysis method, the type of research is normative research, the research approach used is the statutory approach, the case approach, and the concept approach. The procedure for collecting legal materials uses primary legal materials, secondary legal materials and tertiary legal materials.Results of the Research: The results of the study show that the mechanism or procedure for extradition requests between countries that have not entered into an extradition agreement is the same as the mechanism or procedure for extradition requests with extradition agreements, while legal remedies for returning assets resulting from criminal acts to countries according to international law there are two ways of resolution, namely, first through mutual legal assistance and secondly based on good relations between the two countries this has been regulated in Article 51 and Article 58 of UNCAC 2003]]>
<![CDATA[Kewenangan Pemerintah Kabupaten/Kota dalam Pengelolaan Sumber Daya Alam di Wilayah Laut Perbatasan Negara ]]>
<![CDATA[Lumintang, Junior Alvaro Nazario]]>;
<![CDATA[Pietersz, Jemmy Jefry]]>;
<![CDATA[Nendissa, Renny Heronia]]>
<![CDATA[ TATOHI: Jurnal Ilmu Hukum Vol 4, No 5 (2024): Volume 4 Nomor 5, Juli 2024 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/tatohi.v4i5.2444
<![CDATA[Introduction: Indonesia is one of the largest archipelagic countries in the world with a total of 17,508 islands and borders with other countries. As a country with a number of boundaries with other countries, Indonesia must strategically plan its borders to protect the sovereignty of its own country.Purposes of the Research: This writing aims to re-position the regional government's authority in managing marine natural resources, especially those in border areas.Methods of the Research: The research method used in this study is normative legal research or another name, namely doctrinal law research which uses statutory regulations as the basis for this research. The analysis uses the statutory approach (statute approach), and the conceptual approach (conceptual approach).Result of the Research: The results of this study indicate that in the Indonesian constitution, there is the authority given to Regency/City Governments to manage border areas for the welfare of the surrounding community and Indonesia as a whole. Thus this thesis was developed in the interest of advancing educational science.]]>
<![CDATA[Diversi Dalam Kasus Persetubuhan Yang Dilakukan Oleh Anak ]]>
<![CDATA[Resimanuk, Tesalonika Altje]]>;
<![CDATA[Wadjo, Hadibah Zachra]]>;
<![CDATA[Tuhumury, Carolina]]>
<![CDATA[ TATOHI: Jurnal Ilmu Hukum Vol 4, No 5 (2024): Volume 4 Nomor 5, Juli 2024 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/tatohi.v4i5.2443
<![CDATA[Introduction: Diversion can be carried out based on Article 7 (seven) of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System and based on Article 3 of Supreme Court Regulation Number 4 of 2014 concerning Guidelines for the Implementation of Diversion. But in fact, when the case of intercourse by this child reached the court stage, the judge thought that diversion could be carried out and resulted in a diversion agreement, namely being placed in the Social Welfare Organizing Institution (LPKS) for 3 (three) monthsPurposes of the Research: The aim of the research is to examine and discuss how diversion is in cases of sexual intercourse by children. To examine and discuss the impact of diversion in cases of sexual intercourse by childrenMethods of the Research: The research method used is normative juridical. The problem approach used is the Conceptual Approach, Legislation Approach, and Case Approach. The legal materials used are primary legal materials and secondary legal materials. Collection of legal materials using literature study and analyzed using qualitative analysis methods.Results of the Research: Based on the results of the research and discussion that has been carried out, it can be seen that the settlement of cases taken by the authors has not been fully implemented properly, where the application of diversion against children has not been on target because it can be seen from the crime committed by the child, namely intercourse. Children really need to get good legal protection by the state. But what needs to be known is that diversion is not a peaceful effort against children in conflict with the law with victims or their families, but a form of punishment against children who are in conflict with the law in an informal way. Judging from the crime committed, diversion cannot be carried out because this cannot have a deterrent effect on children and the possibility of doing so in the future may occur. From the problems that occur, the impact will be positive or negative. The positive impact is that children can avoid the stigmatization of bad children from society and can make it easier for children to interact with society again. On the other hand, the negative impact is that it does not have a deterrent effect on the child]]>
<![CDATA[Hak Perempuan Dalam Pembagian Harta Waris Adat Batak Toba (Studi Kasus Putusan Pengadilan No 564/PDT.G/2015/PN MDN) ]]>
<![CDATA[Simanjuntak, Vera Waty]]>;
<![CDATA[Latupono, Barzah]]>;
<![CDATA[Lakburlawal, Mahrita Aprilya]]>
<![CDATA[ TATOHI: Jurnal Ilmu Hukum Vol 4, No 5 (2024): Volume 4 Nomor 5, Juli 2024 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/tatohi.v4i5.2442
<![CDATA[Introduction: The position of women who are not accommodated in the distribution of inheritance in the Toba Batak Customary, so the authors conducted research with the aim of finding out how women's rights are in the distribution of inheritance in the Toba Batak Customary with the Case Study of Court Decision No. 564/PDT.G/2015/PN MDN and aims to find out the basic considerations judges in deciding cases of inheritance disputes with the patrilineal family system in Adar Batak Toba.Purposes of the Research: The purpose of this study is to discuss how women's rights in the distribution of traditional Toba Batak inheritance.Methods of the Research: This research is a normative juridical research carried out using statutory, conceptual and case approaches.Results of the Research: Women's rights in the division of inheritance in the Toba Batak custom are not accommodated at all because the Toba Batak custom adheres to a patrilineal family system. In the Toba Batak tradition, it is the sons who inherit the inheritance from their parents, so that the position of girls is not respected. In Court Decision No. 564/PDT.G/2015/PN MDN is based on Article 832 of the Civil Code which equates the rights of girls and boys so as to produce fairness decisions without differentiating rights in accordance with customary law principles and provisions in positive law in matters this is the Civil Code.]]>
<![CDATA[Pembatalan Sepihak Oleh Penjual Dalam Perjanjian Jual Beli Online ]]>
<![CDATA[Lasut, Tesalonica Heavenly]]>;
<![CDATA[Akyuwen, Rory Jeff]]>;
<![CDATA[Kuahaty, Sarah Selfina]]>
<![CDATA[ TATOHI: Jurnal Ilmu Hukum Vol 4, No 7 (2024): Volume 4 Nomor 7, September 2024 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/tatohi.v4i7.2463
<![CDATA[Introduction: At first, the community carried out conventional buying and selling transactions where the sellers and buyers met face to face. However, with the very rapid development of technology, modern society is more inclined to carry out buying and selling transactions online without face-to-face meetings. This has a positive but also negative impact due to the fact that what is happening with the development of online buying and selling transactions triggers the emergence of unscrupulous people who take advantage of this situation. Among them are related to the seller who sometimes terminates the agreement by unilaterally canceling the buyer who has made a payment transaction for an item or product being traded.Purposes of the Research: The purpose of this study is to find out and examine whether the unilateral cancellation by the seller is an act of default and what are the legal remedies against the buyer who is harmed by the seller's unilateral cancellationMethods of the Research: This research is a normative juridical. The approach used in this research is the statute approach and the conceptual approach. The sources of legal materials are primary, secondary and tertiary where the collection of legal materials is carried out using library research. Furthermore, it is analyzed qualitatively by processing, analyzing and constructing the results as a whole so that in the end it can answer the problems studied.Results of the Research: The results of this study indicate that the cancellation of online buying and selling agreements unilaterally by the seller against the buyer is an act of default because the seller does not have the effort to fulfill the achievements or obligations that should be carried out in accordance with the rules in force in Article 7 of Law Number 8 of 1999 concerning Consumer Protection where the seller do not fulfill their achievements at all and are declared negligent in fulfilling their achievements. The process of resolving consumer disputes can be resolved through two channels, namely through litigation with lawsuits to court and non-litigation through the Consumer Dispute Settlement Agency (known as BPSK) through conciliation, mediation or arbitration and the Non-Governmental Consumer Protection Agency (known as LPKSM).]]>
<![CDATA[Perlindungan Konsumen Terhadap Produk Pangan Berkemasan Plastik Yang Mengandung Bisphenol-A (BPA) ]]>
<![CDATA[Metekohy, Hervian Glen Sandro]]>;
<![CDATA[Tjoanda, Merry]]>;
<![CDATA[Sopamena, Ronald Fadly]]>
<![CDATA[ TATOHI: Jurnal Ilmu Hukum Vol 4, No 5 (2024): Volume 4 Nomor 5, Juli 2024 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/tatohi.v4i5.2440
<![CDATA[Introduction: Consumer rights, namely consumer comfort, security and safety are absolute and non-negotiable, including in consuming food products packaged in plastic.Purposes of the Research: This study aims to analyze consumer protection for plastic-packaged food products containing Bisphenol A (BPA).Methods of the Research: The type of legal research used to examine this issue is normative juridical, where this research is based on what is written in the laws and regulations. This research method is based on primary and secondary legal materials and uses a statute approach and a conceptual approach.Results of the Research: The Due Care principle can be used as a benchmark if it is related to the problem of food product packaging containing BPA. This is because the interests of consumers are vulnerable to being misused by business actors who only pursue large profits and because business actors are in a profitable position, business actors have an obligation to pay attention to ensure that consumer interests are not misused. Consumers are always in a vulnerable position if there are business actors who ignore consumer rights. The use of BPA in plastic packaging for food products that does not comply with the provisions is clearly an illegal act. Preventive consumer protection can be carried out by the government through a number of regulations governing provisions regarding food product packaging. Repressive protection can be provided by the government by imposing strict sanctions on business actors who produce food products in plastic packaging containing BPA]]>
<![CDATA[Konflik China Dan Taiwan Dalam Tinjauan Hukum Internasional ]]>
<![CDATA[Nunumete, Verly]]>;
<![CDATA[Wattimena, Josina Augustina Yvonne]]>;
<![CDATA[Tahamata, Lucia Charlota Octovina]]>
<![CDATA[ TATOHI: Jurnal Ilmu Hukum Vol 4, No 5 (2024): Volume 4 Nomor 5, Juli 2024 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/tatohi.v4i5.2439
<![CDATA[Introduction: It is necessary to know that international law is basically a collection of applicable legal provisions defended by the international community. The current understanding of international law is law that refers to the relationship between one country and another, between a country and international organizations, which give rise to the rights and obligations of each country and international institutions. The Taiwan Air Force reported that at least 19 Chinese fighter jets, including nuclear bombers, entered their Air Defense Identification Zone (ADIZ) air defense zone on Sunday, May 9, 2021. Purposes of the Research: This study aims to study and understand the relationship between China and Taiwan in terms of international law and to examine and understand the penetration of Chinese fighter planes into Taiwan violating Taiwan's sovereignty in terms of international law.Methods 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 discussed.Results of the Research: The results obtained from this study are that the territorial sovereignty of the State is the most important thing in the case of relations between China and Taiwan according to international law. The territorial sovereignty of the State is a guarantee in upholding the meaning that the state has full power rights to exercise its territorial rights within the boundaries of its territory. This has been expressly regulated and stipulated in the provisions of international law as international law regulates the state to have the authority to be responsible and overcome violations of sovereignty in the territory of the country. As in the case of the conflict, the intrusion of Chinese fighter planes into Taiwan clearly violated the sovereignty of the State's territory, more specifically the territory of Taiwan, as well as impacted relations for the two countries. contrary to the applicable laws and regulation]]>
