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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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Female Genital Mutilation dan Pertanggungjawabannya Menurut Hak Asasi Manusia Masuku, Akhmad Iqbal Jihad; Anwar, Arman; Tuhulele, Popi
TATOHI: Jurnal Ilmu Hukum Vol 4, No 9 (2024): Volume 4 Nomor 9, November 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i9.2490

Abstract

Introduction: This study examines the practice of Female Genital Mutilation (FGM), involving cutting, scraping, or piercing female genital organs with the aim of partial or total removal, often based on cultural reasons. It is estimated that over 200 million women worldwide have undergone FGM.Purposes of the Research: The research evaluates whether FGM can be considered a violation of international Human Rights (HR) and whether countries and perpetrators of FGM can be held accountable under international law.Methods of the Research: Using a normative legal research method, focusing on international HR instruments such as the Convention on the Elimination of all forms of Discrimination Against Women (CEDAW).Results of the Research: The study finds that FGM is inconsistent with international HR values and can be categorized as a violation of HR against women. The study emphasizes the state's responsibility to protect women from this harmful practice and suggests the imposition of sanctions on perpetrators. However, it also highlights the complexity of addressing FGM due to variations in types and practices across different countries. Therefore, criminalization is not always seen as an ideal solution, stressing the need for a holistic approach that integrates health, cultural, and legal aspects. Efforts to prevent FGM are expected to align with international HR values without discriminating against specific cultures while preserving existing community traditions
Wasiat Wajibah Bagi Ahli Waris Yang Bukan Beragama Islam Soulisa, Mohammad Ibrahim Sidik; Akyuwen, Rory Jeff; Latupono, Barzah
TATOHI: Jurnal Ilmu Hukum Vol 4, No 10 (2024): Volume 4 Nomor 10, Desember 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i10.2799

Abstract

Introduction: Compulsory will is defined as an action taken by a ruler or judge as a state official to compel or give a mandatory will decision for a person who has died, which is given to certain people under certain circumstances.Purposes of the Research: The purpose of this research is to find out and explain how the legal provisions for mandatory wills are regulated in Islamic law, to analyze and discuss the legal consequences of granting a mandatory will for heirs who are not Muslim.Methods of the Research: The type of research used is normative juridical research or library law research, with the type of research being analytical descriptive, the data obtained from normative juridical research is then analyzed and drawn. Using three approaches, namely the Legislative Approach, Case Approach, and Conceptual Approach.Results of the Research: Based on the results of the research carried out, the answer obtained is that there is a legal vacuum regarding the regulation of Wajibah Wills for heirs of different religions in the Compilation of Islamic Law which is used as a legal loophole, then it is necessary to immediately update the Compilation of Islamic Law which will later contain further regulations regarding prohibitions on giving Wajibah will for heirs of different religions so that unity and legal certainty in Islamic inheritance can be realized. Granting a Wajibah Will for Muslim heirs is still possible because it is based on a sense of justice and due to the same religion as the heir, but Wajibah Wills for non-Muslim heirs should not be granted because based on the interpretation of Article 171 letter (c) Compilation of Islamic Law, differences Religion has become an agreement among the ulama to be an obstacle to inheritance. So the concept of a Wajibah Will which takes 1/3 of the inheritance cannot be applied to non-Muslims because they do not have the right to receive an absolute share of the inheritance.
Pertanggungjawaban Afiliator Atas Kerugian Customer Social Commerce Tahalea, Hensly Daniel; Haliwela, Nancy Silvana; Labetubun, Muchtar Anshary Hamid
TATOHI: Jurnal Ilmu Hukum Vol 4, No 10 (2024): Volume 4 Nomor 10, Desember 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i10.2791

Abstract

The development of the times has made the internet not only a tool for communication but also a place for those who want to do business online. In accordance with Article 15, Paragraph (1) of the ITE Law, there are specific regulations regarding the electronic system organization, so everything related to the internet world must be carried out in accordance with this article. The electronic system organization must be conducted based on the contents of Article 15, Paragraph (1) of the ITE Law to avoid unlawful acts, which are regulated in Article 1365 of the Civil Code. Social commerce is a new development where sellers and consumers are connected through online social media. Social commerce has now become the answer for those who want to earn extra income with a side job that does not take much time, known as an affiliate. An affiliate is someone who works by promoting goods from sellers or sales. Regarding affiliates, there is a case where an affiliate with the initials IN experienced steroid poisoning from a product that he had already promoted. The legal research method used is normative juridical, which is carried out by studying legal principles and concepts, as well as legislation. The legal research method used refers to primary, secondary, and tertiary legal materials, with legislative and conceptual approaches. The research results show that there is a working relationship between the affiliate and the seller. Regarding trading activities through social commerce, an affiliate has the primary responsibility to ensure that the information provided to customers in marketing the products sold is clear and that the product conditions comply with Law No. 8 of 2008. The goal is to avoid legal risks or losses for customers. The affiliate’s liability in terms of compensating for losses depends on the content of the agreement between the affiliate and the product owner. Based on the affiliate’s liability, this liability can be classified as fault-based liability. Legal protection can be carried out by applying relevant laws and regulations as a preventive measure to ensure safety and legal compliance
Pertimbangan Hakim dalam Menjatuhkan Hukuman Ringan pada Kasus Perjudian (Studi Putusan Nomor 65 /PID.B/2013 /PN.LBJ) Samara, Finsensius; Rabawati, Dwityas Witarti; Kelen, Rosalia Martha Jawa; Umar, Sonya Prisilia; Bukifan, Francisco Tolentino Bukifan; Oelue, Jeremias
TATOHI: Jurnal Ilmu Hukum Vol 4, No 10 (2024): Volume 4 Nomor 10, Desember 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i10.2779

Abstract

Introduction: In 2024, Indonesia remains among the ten Asian countries with the lowest income. PPATK data reveals that 2.2 million low-income Indonesians are gamblers, threatening the vision of Indonesia Emas 2045. Gambling, categorized as a crime under Articles 303 of the Indonesian Criminal Code (KUHP), causes significant losses.Purposes of the Research: The objective of this research is to analyze the judge's considerations in giving light sentences in gambling cases, specifically those involving the offering of gambling games, using Decision Number 65/PID.B/2013/PN.LBJ as a case study.Methods of the Research: This research employs a normative legal research method with an analytical approach. The analysis is conducted on legal norms, court decisions, and related literature to understand the judge's considerations in the case.Results of the Research: The findings show that although the defendant fulfilled the elements of Article 303 of the KUHP, the judge considered mitigating circumstances, such as the defendant's age, pregnancy, respectful demeanor in court, admission of guilt, and remorse. The judge balanced legal certainty with justice and utility, demonstrating an educative and preventive approach in sentencing
Kebijakan Penegakan Hukum Tindak Pidana Terhadap Pencucian Uang (Money Laundering) Di Indonesia Shiva, Khadizah Aliyah; Putry, Salsabila Afifany Susanta; Hosnah, Asmak UI
TATOHI: Jurnal Ilmu Hukum Vol 4, No 10 (2024): Volume 4 Nomor 10, Desember 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i10.2581

Abstract

Introductioan: Law enforcement against money laundering in Indonesia is a major challenge, given the complexity of cases, linkages with other crimes, and efforts by perpetrators to hide the proceeds of crime. Effective policies are needed to ensure the integrity of the financial system, prevent state losses, and strengthen coordination between law enforcement agencies.Purposes of the Research: The purpose of this article is to analyze the effectiveness of policies, obstacles to law enforcement, and provide recommendations to strengthen the handling of money laundering in Indonesia.Methods of the Research: Using normative legal research methods by using the main focus on laws and regulations such as Law No. 8 of 2010.Results of the Research: The results show that Law Number 8 Year 2010 provides a strong legal basis for the prevention and eradication of money laundering in Indonesia. The existence of institutions such as PPATK is a key factor in detecting and reporting suspicious transactions. However, the effective implementation of this law is often constrained by weak coordination between law enforcement agencies, lack of technical understanding of money laundering cases, and limited human resources and technology. In addition, tracing assets hidden overseas remains a major challenge, despite international cooperation efforts.
Rekrutmen Private Military Contractors Yang Dilakukan Negara Dibolehkan Dalam Hukum Internasional Yusuf, Rifadli Mahram; Wattimena, Josina Augustina Yvonne; Tahamata, Lucia Charlota Octovina
TATOHI: Jurnal Ilmu Hukum Vol 4, No 10 (2024): Volume 4 Nomor 10, Desember 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i10.2796

Abstract

Introduction: Private Military Contractors (PMC) are former military personnel employed by private military companies or what are known as Private Military Companies/Private Military Contractors (PMC). The widespread use of military contractors in armed conflicts such as the one in Iraq has raised problems in international law, especially international humanitarian law related to the use of military contractors. The involvement of its members in armed conflicts often results in unclear status in International Humanitarian Law, with many assuming that PMCs are the same as paid soldiers.Purposes of the Research: The aim of the research is to determine the legal status of PMSCs in the invasion of Iraq by the United States (US) based on applicable international law and to analyze the responsibility of the United States (US) as the party that used PMCs in the invasion of Iraq which has caused many problems for Iraq.Methods of the Research: The research method used is normative juridical using a case approach, conceptual approach and statutory approach.Results of the Research: The results of this research show that the legal status of mercenaries is legally recognized in accordance with the 1949 Geneva Convention and confirmed in Additional Protocol 1 of 1977 Article 47 paragraph (1) that: "A mercenary is not entitled to the status of a combatant or prisoner of war" and Sanctions which can be applied in violations of International Law, namely, Complaint, Reprisal, and Payment of Compensation or Compensation.
Penegakan Hukum Administrasi Terhadap Pengusaha Yang Tidak Membayar Upah Pekerja Yang Diskorsing Pada Proses Pemutusan Hubungan Kerja Dalam Penyelesaian Perselisihan Hubungan Industrial Londa, Claria J; Pietersz, Jemmy Jefry; Soplantila, Ronny
TATOHI: Jurnal Ilmu Hukum Vol 4, No 9 (2024): Volume 4 Nomor 9, November 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i9.2497

Abstract

Introduction: Employers can take action to suspend workers/laborers who are in the process of being laid off by continuing to pay wages and other rights that workers/laborers usually receive.Purposes of the Research: To analyze the absence of supervision and the imposition of administrative sanctions, triggering the non-compliance of employers related to the obligation to pay workers' wages while suspended.Methods of the Research: The method used to analyze and discuss this problem is Normative Juridical. The problem studied in this research is regarding the government's authority to supervise and provide administrative sanctions to employers who do not pay wages for suspended workers.Results of the Research: The research results show that the government has the authority to carry out supervision and provide administrative sanctions to employers who do not pay the wages of suspended workers based on data from the Manpower Service and the results of supervision carried out by labor inspectors.
Kekerasan Fisik Yang Dilakukan Oleh Anggota Polri Terhadap Masyarakat Siahaya, Josua Valen; Lewerissa, Yanti Amelia; Patty, Jetty Martje
TATOHI: Jurnal Ilmu Hukum Vol 4, No 9 (2024): Volume 4 Nomor 9, November 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i9.2496

Abstract

Introduction: The National Police is a public security protection agency, but now many individuals are caught committing acts that disrupt security and even persecute the community. The existence of these violations adds to the long blacklist of increased violations of discipline and code of ethics committed by members of the National Police.Purposes of the Research: To analyze physical violence committed by members of the National Police against the community, this is because the police is a subsystem that is directly related to the perpetrators of crimes and the community, so that the duties and responsibilities of the police can be said to be greater than other subsystems.Methods of the Research: The method used to analyze and discuss this problem is Normative Juridical.Results of the Research: Increased police commitment to better protection and promotion of human rights at the national level. This was realized by the birth of Law No. 39 of 1999 concerning Human Rights. As stipulated in international human rights law and standards, the police have rights, but there are also limits to the powers of the police. However, different from the expected reality, the presence of the police in the midst of the community has caused a scourge for the community. There is police behavior that deviates from the expected professional ethics and there are also those that make the community miserable, such as pungli, arrogant and violent behavior. This causes a fall in public trust in the police Regardless of whether the actions of the National Police are true or not, in the institution of the National Police if there are irregularities, violations of the law and abuse of authority, then members of the National Police will be processed based on the applicable rules.
Pertanggungjawaban Pidana dan Penanggulangan Tindak Pidana Pencabulan terhadap anak Samai, Butria; Toule, Elsa Rina Maya; Hattu, Jacob
TATOHI: Jurnal Ilmu Hukum Vol 4, No 9 (2024): Volume 4 Nomor 9, November 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i9.2495

Abstract

Introduction: This study discusses the legal regulation of the crime of molestation of children and the criminal liability of the perpetrators of the crime of molestation against children in the case.Purposes of the Research: To analyze and discuss legal regulations regarding criminal acts of molestation against children and explain criminal responsibility for perpetrators of criminal acts of molestation against children in Halong Baru, Baguala District, Ambon City.Methods of the Research: The research method used is normative juridical research. This research uses three problem approaches, namely the statutory approach, the conceptual approach and the case approach. The data sources obtained are primary legal materials and secondary legal materials. The technique for collecting legal materials uses the literature study method. All data in this study were analyzed qualitatively.Results of the Research: The results of this research show that, criminal responsibility for perpetrators of criminal acts of sexual abuse against children is a further consequence that must be accepted or borne by the defendant. During the trial process, the defendant was in good physical and mental health and no reason was found to erase the crime, in this case either a justifying reason or a forgiving reason, so that the defendant was able to take responsibility for the actions he committed. The efforts made to overcome acts of sexual abuse against children are carried out with preventive and repressive efforts by law enforcement and other institutions.
Penggunaan Perjanjian Tidak Tertulis Dalam Hubungan Kegiatan Bisnis La Madi, Yuliana; Kuahaty, Sarah Selfina; Pariela, Marselo Valentino Geovani
TATOHI: Jurnal Ilmu Hukum Vol 4, No 9 (2024): Volume 4 Nomor 9, November 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i9.2494

Abstract

Introduction: Article 1320 of the Civil Code, there is no provision requiring a written agreement as a condition for the validity of the agreement, in other words, oral agreements still have legal validity. Based on the concept of pacta sunt servanda which mandates that agreements must be obeyed. It can be seen in the case of compensation for fees for the ADB IPA procurement project between H. Mubin Raja Dewa as the plaintiff and Karlan A. Manessa in Palu City, various methods were used by the plaintiff to resolve the problem but the defendant did not show good faith.Purposes of the Research: As a result, the plaintiff filed a lawsuit demanding an unconditional refund. To find out and explain the legal consequences of using unwritten agreements in business relationships and to find out the form of responsibility of the parties for losses incurred as a result of the use of unwritten agreements in business relationships.Methods of the Research: The legal research method used for this research is based on primary, secondary and tertiary legal materials, and uses a statutory approach, a conceptual approach and a case approach.Results of the Research: The research results in this case, there are three forms of legal consequences, namely the emergence of a legal situation through an event which is alleged to be a legal act, the emergence of a legal relationship between two or more people and a legal entity, thirdly the emergence of sanctions if there is an action that is contrary to the law and based on the action. what has been done by Karlan A. Manessa must take individual responsibility for the violations he himself committed by paying compensation for the plaintiff's losses

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