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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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Acts Of Omission Dan Tanggung Jawab Negara Dalam Perlindungan HAM Internasional Layn, Mirna Waty; Peilouw, Johanis Steny Franco; Riry, Welly Angela
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.v4i5.2438

Abstract

Introduction: If we look at the cases of violations of human rights in the United States where youths aged 18 years used firearms to commit acts of murder, it is therefore clear that these violations of human rights must still be accounted for in accordance with the provisions that apply to the International Law Commission and the International Covenant on Civil and Political Rights (ICCPR).Purposes of the Research: This writing aims to examine and find out the arrangements regarding Acts Of Omission in international human rights instruments and state accountability in Acts Of Omission as a form of human rights protection.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), dan conceptual approach (conceptual 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 show that the provisions concerning acts of omission in international human rights instruments are contained in the Universal Declaration of Human Rights. The protection provided by the state is part of respect for human dignity. The Universal Declaration of Human Rights proclaimed a common standard of achieving well-being for all people and all nations. This declaration includes all rights under civil-political rights (ICCPR) as well as economic, social and cultural rights (ICESCR).
Pemenuhan Hak Atas Pekerjaan Dan Penghidupan Yang Layak Dalam Negara Yang Mengalami Krisis Ekonomi Kiat, Desy; Anwar, Arman; Leatemia, Wilshen
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.v4i5.2437

Abstract

Introduction: The economic crisis that occurred in Sri Lanka was due to the accumulation of foreign debt that could not be paid, resulting in high inflation in the country. State conditions like this have had an impact on the inability of the state to meet a decent standard of living for Sri Lankan citizens and the neglect of the rights to work of Sri Lankan citizens. Which of these rights have been regulated and have been recognized and respected through the provisions contained in the International Covenant on Economic, Social and Cultural Rights (ICESCR).Purposes of the Research: To find out the arrangements regarding the fulfillment of the right to work and a decent living by the state based on the International Covenant on Economic, Social and Cultural Rights (ICESCR).Methods of the Research: This type of research is normative juridical, where the research is carried out by collecting primary, secondary and tertiary data obtained using library research. The legal material that has been collected is analyzed qualitatively which breaks it down systematically based on legal disciplines to achieve clarity of the issues to be discussed.Results of the Research: The results of this study show that the right to a decent life and the right to work have actually been regulated, respected and recognized and protected in the provisions of ICESCR article 11 paragraph 2 of the ICESCR which states that "the fundamental right of everyone to be free from hunger" ( the basic right of everyone to be free from hunger) and article 7 of the ICESCR which regulates the right of everyone to enjoy work, so that these rights must be fulfilled as a form of respect for human rights. The economic crisis that occurred in Sri Lanka which had an impact on the non-fulfillment of the rights to a decent life and the right to work is an act or an act of non-fulfillment of human rights related to these rights which in principle constitutes a violation of human rights, so that events or this situation, the Sri Lankan government in various ways or efforts continues to take strategic steps to be able to overcome the economic crisis that is currently happening in Sri Lanka.
Keabsahan Perubahan Alokasi Anggaran Bantuan Langsung Tunai Corona Virus Disease 2019 (Covid-19) Di Desa Waimangit Kabupaten Buru Facey, Yunita Sari; Tjiptabudy, Jantje; Bakarbessy, Andress Deny
TATOHI: Jurnal Ilmu Hukum Vol 4, No 4 (2024): Volume 4 Nomor 4, Juni 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i4.2436

Abstract

Introduction: This study discusses the validity of the Waimangit Village Head's decision to stipulate the Village Regulation on Village APB Changes in 2020 without coordinating with BPD, the Village Head then changed the village budget post that was previously budgeted for the provision of social safety net in the Village in the form of BLT as a manifestation of efforts to handle the impact of COVID-19 by the central government in the Village. The budget item is used to cover the shortfall in village spending for the development of Village-Owned Enterprises.Purposes of the Research:  To analyze and identify the validity and legal consequences of changes in the budget allocation of Direct Cash Transfer (BLT) intended to deal with Corona Virus Disease 2019 (Covid-19) in Waimangit village, Buru Regency based on applicable legal provisions.Methods of the Research: This research use the Normative Juridical research method which is carried out by examining primary and secondary legal materials that are relevant to the problem under study.Results of the Research: The results of the study are related to the validity of changes in the budget allocation of Corona Virus Disease 2019 (Covid-19) Direct Cash Transfer (BLT) in Waimangit Village, Buru Regency has been valid based on applicable legal provisions because it meets aspects of authority. The decision of the Waimangit Village Head in determining changes to the Village APB does not meet the requirements of procedure and substance which means that the decision remains valid but has the legal effect that it can be canceled and not binding and ends after it is canceled or there is a cancellation by a judge or by the agency authorized to cancel it.
Tanggung Jawab Pemerintah Daerah Terhadap Anak Terlantar Hilda, Hilda; Pietersz, Jemmy Jefry; Sedubun, Victor Juzuf
TATOHI: Jurnal Ilmu Hukum Vol 4, No 4 (2024): Volume 4 Nomor 4, Juni 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i4.2435

Abstract

Introduction: Legal issues in this study include, What is the form of responsibility of local governments towards abandoned children and the legal consequences that arise if local governments do not carry out responsibilities towards abandoned children.Purposes of the Research: This paper aims to describe the legal consequences if local governments do not carry out their responsibilities towards abandoned children.Methods of the Research: The type of research used is normative research, where research is carried out by collecting legal materials obtained from literature studies. The problem approach used is a statutory approach and a conceptual approach. Legal materials are analyzed qualitatively to achieve clarity on the issues to be discussed.Results of the Research: The results of this study show that Legal consequences arising if the local government does not carry out its responsibilities towards abandoned children based on Perma No. 2/2019 Article 3 that local governments can be sued on the grounds of committing illegal acts because negligence towards the responsibility of caring for abandoned children has been regulated in laws and regulations, besides that it is also contrary to the principles of good governance
Pertimbangan Hukum Hakim Dalam Kasus Tindakan Pencurian Kendaraan Bermotor Yang Di Lakukan Oleh Anak Alfons, Revalno; Titahelu, Juanrico Alfaromona Sumarezs; Taufik, Iqbal
TATOHI: Jurnal Ilmu Hukum Vol 4, No 4 (2024): Volume 4 Nomor 4, Juni 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i4.2434

Abstract

Introduction: one of the motor vehicle theft cases is the Ambon District Court decision No. No.12/PID.SUS-ANAK/2021/PN.AMB which states that Ammar Peisamal alias Ammar was convicted of "grave theft" as explained in the Criminal Code article 363 paragraph (1).Purposes of the Research: This study aims to examine and discuss the actions of the perpetrators who have fulfilled the elements in Article 363 paragraph (1) of the Criminal Code and examine and discuss the basis for the judge's legal considerations in imposing a prison sentence of 2 years and 6 months on the perpetrator.Methods of the Research: the research method used is normative legal research. The research approach is a statutory approach and a conceptual approach. The sources of legal materials used are primary, secondary and tertiary legal materials. The technique of gathering legal materials through literature studies and then analyzed through perspective using qualitative methods.Results of the Research: The results showed that the Ambon District Court Judge stated in his decision that the defendant had been legally and convincingly proven to have committed the crime of stealing this case and imposed a prison sentence on the defendant for 2 (two) years and 6 (six) months. The public prosecutor's indictment, the public prosecutor's demands and the judge's considerations in his decision have fulfilled all the elements of the offense and the conditions for imposing a sentence on the defendant. This is based on the examination at trial where the evidence submitted by the public prosecutor includes the statements of the witnesses and the statements of the accused which are interrelated. The testimony of the defendant admitted his actions and regretted it.
Kajian Kriminologi Terhadap Minuman Tradisional Beralkohol (Sopi) Di Desa Mngeswaen Solissa, Moksen Doyan; Sopacua, Margie Gladies; Salamor, Anna Maria
TATOHI: Jurnal Ilmu Hukum Vol 4, No 4 (2024): Volume 4 Nomor 4, Juni 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i4.2433

Abstract

Introduction: Criminology is the study of crime and criminal acts. The Maluku province has a local alcohol soothing drink, namely, Sopi which is the result of calming sap or sweet liquid obtained from plant stems, and is produced by people for generations on various islands in Maluku. Sopi is produced from the mayang tree (sageru) and is then processed traditionally using the knowledge that was also passed down by our predecessors. For this reason, sopi is always present in the traditional rituals of the Maluku people.Purposes of the Research:  To analyze and discuss the influence of alcoholic beverages (sopi) on crime in the Mngeswaen Village and the efforts made by the Police in tackling traditional alcoholic beverages (sopi) in the Mngeswaen Village.Methods of the Research: The research method used is empirical legal research, namely a type of legal research that analyzes and examines the operation of law in society. qualitative analysisResults of the Research: The results of the study show that the causes of the people of Mngeswaen Village consuming sopi are due to several reasons, namely community habits, alcohol addiction, feeling agitated and depressed, generating a spirit of mutual cooperation, social climbers, strengthening friendships and calming the mind to sleep soundly. The adverse effects of drinking sopi include fights between the residents of Mngeswaen Village. Countermeasures against the adverse effects caused by traditional alcoholic beverages (sopi) are carried out through preventive and repressive efforts by the local police, as well as by the village government, traditional leaders, religious leaders, educational leaders, health leaders as well as community leaders.
Perlindungan Hukum Terhadap Konsumen Atas Produk Pangan Kemasan Yang Tidak Memiliki Label Nurdin, Ningsi; Akyuwen, Rory Jeff; Labetubun, Muchtar Anshary Hamid
TATOHI: Jurnal Ilmu Hukum Vol 4, No 4 (2024): Volume 4 Nomor 4, Juni 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i4.2432

Abstract

Introduction: The expiry date of a food and beverage product in the form of the date, month and year of storage of the food and beverage product is printed on the packaging label which is intended to inform consumers about the product consumed. Includes expiration dates that are useful to consumers, retailers, sellers and manufacturers. Adding expiration dates to food gives consumers clear information about product safety, allows traders and sellers to manage inventory of traded products, and allows manufacturers to know the product warranty period after it has been produced.Purposes of the Research: The purpose of writing carried out by the author is to find out the effect of consumer buying interest on packaged food products that do not have labels and to know and explain how consumers protect packaged food products that do not have labels.Methods of the Research: The research method used by the author in this study is normative juridical where research is carried out to obtain data through library studies, namely various literature and scientific materials, brochures and so on.Results of the Research: The results of the study indicate that packaging can influence consumer interest in buying. If we look at it now, it's not only the large food industry products that are starting to intensively create attractive packaging innovations, this has also begun to be followed by MSME business actors or home industries. Labels help consumers to obtain product information for the benefit and welfare of consumers. With this packaged information, it will reduce the losses that consumers get. The benefit of including the correct label or information on the package is to provide knowledge to the parties concerned with the item. With this article to protect consumers, in order to balance the potential awareness that is built in the relationship between business actors and consumers. And to improve the quality and quality of merchandise properly
Tanggung Jawab Penjual Terhadap Pembeli Terkait Jual Beli Online Dengan Sistem Pre Order Hisbollah, Alif Adnan; Tjoanda, Merry; Balik, Agustina
TATOHI: Jurnal Ilmu Hukum Vol 4, No 4 (2024): Volume 4 Nomor 4, Juni 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i4.2431

Abstract

Introduction: Online buying and selling transactions are permitted by law, as there is a principle of freedom to contract stated in Article 1338 of the Civil Code, as long as it does not violate the provisions of Article 1337 of the Civil Code. However, there are still people who violate the agreements made, causing losses due to non-performance by the seller/business actor, namely NAMAStudios brand, to the buyer, by not delivering the ordered goods.Purposes of the Research:  Explaining the seller's responsibility in breach of contract in online buying and selling with a pre-order system, and the dispute resolution by the affected buyer in online buying and selling with a pre-order system.Methods of the Research: The research methodology used is juridical normative. A juridical normative research is a type of research that examines legal materials, legal doctrines, legal principles, legal norms, and positive legal provisions to address the legal issues being studied.Results of the Research: Article 19 of the Consumer Protection Law states that business actors are responsible for damages and losses suffered by consumers caused by the goods or services they trade. The seller can be held liable both contractually and by risk. In dispute resolution, there are two avenues that can be taken: litigation and alternative dispute resolution, in accordance with Article 38 of the ITE Law and Article 39 of the Consumer Protection Law. Consumer dispute resolution can be done through the court or alternative dispute resolution in accordance with Article 45 of the Consumer Protection Law. In terms of litigation, consumers can file a lawsuit through a class action in accordance with Article 46 paragraph (1) point 2, while non-litigation alternative avenues can be through the Consumer Dispute Settlement Agency (BPSK), also regulated in the Consumer Protection Law.
Intervensi China Terhadap Pembukaan Kantor Perwakilan Diplomatik Taiwan Di Negara Lain Pattiwaellapia, Vigor; Peilouw, Johanis Steny Franco; Waas, Richard Marsilio
TATOHI: Jurnal Ilmu Hukum Vol 4, No 4 (2024): Volume 4 Nomor 4, Juni 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i4.2430

Abstract

Introduction: According to the Montevideo Convention, States must have a government, have defined territories, have diplomatic relations with other countries, and have a permanent population.Purposes of the Research:  The purpose of this research was to find out the arrangements for opening a diplomatic representative office in a country and how China's intervention in opening a representative diplomatic office is in accordance with diplomatic law, that Taiwan has a unique position in being to friendly internasional law. Demestically Taiwan has Methods of the Research: The research method used is normative legal research method. The problem approach used is the statutory approach, the conceptual approach. The legal materials used are primary legal materials and secondary legal materials. Procedures and Collection of Legal Materials using the method of inventorying laws and regulations and Processing and Analysis of legal materials using data analysis techniques with deductive logic.Results of the Research: Based on the results of the research, it can be concluded that Taiwan has a unique position in being friendly to international law. Domestically Taiwan has all the qualities of a “formal state” including citizenship, jurisdiction, territoriality, government, and sovereignty. Taiwan is sovereign according to the definition of international law Taiwan is the highest power that is independent from any power in running its government, but Taiwan does not have equal recognition internationally.
Urgensi Ratifikasi International Labour Organization 169 Sebagai Bentuk Perlindungan Hukum Terhadap Masyarakat Adat Bandjar, Muhaimin Bahriansyah; Wattimena, Josina Augustina Yvonne; Leatemia, Wilshen
TATOHI: Jurnal Ilmu Hukum Vol 4, No 4 (2024): Volume 4 Nomor 4, Juni 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i4.2429

Abstract

Introduction: Judging from the cases of indigenous peoples disputes, the efforts of the Indonesian state to speed up the ratification of ILO convention 169 will minimize the occurrence of cases that occur in indigenous peoples because there is protection for the indigenous peoples themselves. This situation prompted the development and adoption of ILO Convention 169, which aims to protect indigenous peoples and their rights.Purposes of the Research: This writing aims to examine and find out about ILO Convention 169 which regulates legal protection for indigenous peoples and why it is important for ILO Convention 169 to be ratified as a form of legal protection for indigenous peoples.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), and conceptual approach (conceptual 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 ILO Convention 169 which regulates the legal protection of indigenous peoples, to ensure the implementation of the contents of this Convention, the responsibility lies in the hands of the government (ILO member ratifying ILO Convention No.169) to develop, coordinate and take systematic action in order protect the rights of Indigenous Peoples and Indigenous Peoples, and ensure recognition of their integrity. ILO Convention 169 is important to ratify as a form of legal protection for indigenous peoples and to strengthen the legal rights of Indigenous Peoples who mostly live in forest areas, the human rights of minorities are very difficult to be able to enjoy their rights on their own land.

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