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TATOHI: Jurnal Ilmu Hukum
Published by Universitas Pattimura
ISSN : -     EISSN : 2775619X     DOI : https://doi.org/10.47268/tatohi
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 506 Documents
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Pemenuhan Hak Atas Pangan Dalam Masa Pandemi Covid-19 Berdasarkan ICESCR Serta Implikasi Hukumnya Di Maluku Christenia Gladysthea Arvita Andries; Josina Augustina Yvonne Wattimena; Lucia Charlota Octovina Tahamata
TATOHI: Jurnal Ilmu Hukum Vol. 1 No. 5 (2021): Volume 1 Nomor 5, Juli 2021
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v1i5.623

Abstract

Introduction: The fulfillment of food rights is contained in the legal instruments of the International Covenant of Economic, Social and Cultural Rights (ICESCR) which has been ratified into Law No. 11 of 2005 concerning the Ratification of the Covenant on Economic, Social and Cultural Rights.Purposes of the Research: To review and analyze the fulfillment of food rights during the covid-19 pandemic based on ICESCR and its legal implications in Maluku.Methods of the Research: The research method used is normative juridical. The problem approach used is conceptual approach, and statutory approach, the source of legal materials used is the source of primary and secondary legal materials. Collection techniques through literature studies and then analyzed through a description method using qualitative methods.Results of the Research: The legal implications of fulfilling food rights in Maluku during the covid-19 pandemic have not been properly met due to the policy of restricting social movements that resulted in the traffic of sea transportation between islands in Maluku is hampered so that people have difficulty addressing basic food needs. National food sufficiency does not guarantee that all communities get the food they need. Found five aspects that are quite influential to the problem of food availability. among others, the increasing population, declining food production and productivity, the occurrence of climate change, conservation of agricultural land and still high proportion of lost yields in the production process, handling of crops and processing. Then, food distribution problems include, distribution systems that have not been well organized, land and inter-island distribution infrastructure that is not adequate, while for food consumption problems that are not diverse and nutritious enough balanced.  And when a violations of covenant obligations in the fulfillment of food for the community then it can be prosecuted as stipulated in the principles limbur.
Perlindungan Hukum Bagi Masyarakat Hukum Adat Yang Lingkungan Hidupnya Tercemar Natalia Lidya Pohwain; Jemmy Jefry Pietersz; Revency Vania Rugebregt
TATOHI: Jurnal Ilmu Hukum Vol. 1 No. 5 (2021): Volume 1 Nomor 5, Juli 2021
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v1i5.634

Abstract

Introduction: The legal issues in this paper include (1) Is there legal protection for indigenous peoples who are victims of pollution and (2) How are legal remedies related to legal protection for indigenous peoples whose environment is polluted.Purposes of the Research: The results of the discussion of the authors of this thesis are obtained that in the legislation providing legal protection arrangements for indigenous peoples and for indigenous peoples as victims of pollution, can use administrative sanctions as a form Law enforcement in the form of written warnings, government coercion, freezing of environmental permits, to revocation of environmental permits.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. The processing and analysis of legal materials is described in a qualitative way with the aim of describing the findings in the field.Results of the Research: The results of the discussion of the authors of this thesis are obtained that in the legislation providing legal protection arrangements for indigenous peoples and for indigenous peoples as victims of pollution, can use administrative sanctions as a form Law enforcement in the form of written warnings, government coercion, freezing of environmental permits, to revocation of environmental permits.
Sanksi Pidana Perbuatan Sengaja Menyalahgunakan Senjata Api Oleh Anggota Kepolisian Negara Republik Indonesia Gerald Gary Moniharapon; Juanrico Alfaromona Sumarezs Titahelu; Elias Z Leasa
TATOHI: Jurnal Ilmu Hukum Vol. 1 No. 7 (2021): Volume 1 Nomor 7, September 2021
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v1i7.663

Abstract

Introduction: Possession of firearms is necessary for professional Polri members because the goal is to support their duties.Purposes of the Research: Explaining What is the legal reason for the judge's ruling on the District Court and the High Court's ruling against the perpetrator who intentionally misused a firearm. Methods of the Research: The type of research used is normative juridical. The problem approach used is the statutory approach, namely the approach to legal products and the case approach.Results of the Research: Based on the results of the study, it can be concluded that related to the theory of intentionality (Dolus), the defendant Elianth Ronalto Latuheru's actions have fulfilled the intentional element as a possibility (opzet bij mogelijkheids-bewustzijn). or judge's opinion. Thus stating Ronal Elianth Latuheru, committed a crime of murder with a prison sentence of 8 (eight) years and a Recommendation for Disrespectful Dismissal (PTDH) as a member of the Police.
Kajian Kriminologis Tentang Perkelahian Antar Anak (Studi Kasus Kecamatan Wearinama, Kabupaten Seram Bagian Timur) Rumadan, Salmiwati; Supusepa, Remon; Makaruku, Steven
TATOHI: Jurnal Ilmu Hukum Vol. 1 No. 4 (2021): Volume 1 Nomor 4, Juni 2021
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v1i4.609

Abstract

Introduction: Criminological study of fights between children in Werinama sub-district. Understanding child delinquency or Jusvenile delinquency of children's delinquency is an act or behavior that is anti-social.Purposes of the Research: This study uses an empirical method with legal materials used in the study are primary, secondary and tertiary with the use of observation techniques, interviews and documentation.Methods of the Research: The type of research used is empirical by looking the provisions realiting to the in the field, which is obtained from observatins and interview with key informants. The problem apporoach is the statute apporoach and the apporoach in accordance with the reality on the ground . the collection of legal materials throug primary legal materials is then linked to secndry legal materials . management and analysis f legal materials decribed qualitatively.Results of the Research: General description of the research location, the Werinama Bearda sub-district on Seram Island, and directly adjacent to the West Bula sub-district in the North, Banda Laut in the South, Kilmury in the east and borders with Siwalalat sub-district in the west side of fights between children in the Werinama Bersal sub-district from mutual grudge, mutual ridicule, misunderstanding, child delinquency. Efforts to resolve fights between children, namely through the Pre-emprit method, are efforts or efforts to prevent crime from the start, carried out by the police in which the action is psychological or moral in nature. The preventive method is an effort carried out with the aim of preventing the occurrence of crime by means of control and supervision, and the Repressive Method is an effort or action taken directly to eradicate violent crimes such as persecution by providing measures so that the treatment is deterred and does not return the crime.
Efektivitas Tugas Camat dalam Melakukan Fasilitas Penyusunan Peraturan Desa dan Peraturan Kepala Desa Sukma, Rooslia; Salmon, Hendrik; Bakarbessy, Andress Deny
TATOHI: Jurnal Ilmu Hukum Vol. 1 No. 6 (2021): Volume 1 Nomor 6, Agustus 2021
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v1i6.646

Abstract

Introduction: One of the tasks of the sub-district head is to facilitate the preparation of the Perdes, but in practice many villages in Ambon City do not yet have a Perdes. The legal issue is whether the camat is effective in facilitating the preparation of village regulations in Ambon City. Purposes of the Research: The purpose of this study was to determine and analyze the effectiveness of the camat's duties in facilitating the preparation of village regulations and village head regulations.Methods of the Research: The type of research used is sociological juridical, namely a research in the field of law that aims to examine the implementation of legislation, legal principles, legal rules in society, the data of this research are primary data and secondary data.Results of the Research: The results showed that the Camat was not effective in the task of facilitating the preparation of village regulations because of the absence of communication, coordination between the sub-district and village government and efforts to foster in the preparation of village regulations. This is influenced by weak supervision of the sub-district head and the absence of sanctions for the sub-district head to be ineffective in carrying out his duties, as well as the lack of compliance with applicable laws.
Penjatuhan Sanksi Bagi Anak Didik Pemasyarakatan Pasca Melarikan Diri (Studi pada Lembaga Pembinaan Khusus Anak Kelas II Ambon) Deotrich Sammuel Sahetapy; Sherly Adam; Hadibah Zachra Wadjo
TATOHI: Jurnal Ilmu Hukum Vol. 1 No. 5 (2021): Volume 1 Nomor 5, Juli 2021
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v1i5.629

Abstract

Introduction: The imposition of sanctions for correctional protégés who escape from the Ambon Class II Special Guidance Institute for Children when the child is serving his criminal period.Purposes of the Research: The purpose of this article is to analyze and discuss the sanctions imposed on correctional students after escaping from the Special Development Institute of Children Class II Ambon.Methods of the Research: The research method used in this research is empirical juridical/sociological juridical, which is a type of research that aims to describe a statement that is in the field based on legal principles, legal rules or legislation that applies and has something to do with the problems that occur.Results of the Research: The results showed that the imposition of sanctions on correctional students after escaping from the Ambon Class II Children's Special Guidance Institute based on the classification of violations of the seriousness level including serious disciplinary violations and if adjusted to the type of disciplinary sanctions the actions of the correctional students were classified as severe disciplinary sanctions, so that the sanctions imposed were severe. imposed or given by the Ambon Class II Children's Special Guidance Institute to correctional students, namely the sanction of cleaning the bathroom.
Jaminan Sertifikat Hak Milik Atas Tanah Bukan Oleh Pemegang Hak Milik Dalam Perjanjian Kredit Perbankan Sitania, Aryantho Dwiputra; Pesulima, Theresia Louize; Pariela, Marselo Valentino Geovani
TATOHI: Jurnal Ilmu Hukum Vol. 1 No. 6 (2021): Volume 1 Nomor 6, Agustus 2021
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v1i6.641

Abstract

Introduction: An agreement is made in oral or written form, where both parties bind themselves and cause legal consequences. The legal protection of the certificate holder can be realized if the issuance of the certificate does not have a juridical defect, namely defects in procedure, substance, or authority. Purposes of the Research: The purpose of this research is to study and find out how the form of legal protection for the first party as the owner of the certificate and find out how the second party's civil liability for certificates borrowed and used as collateral.Methods of the Research: The method used is a normative juridical research method using a statutory approach, a conceptual approach and also a case approach.Results of the Research: The results of this study explain that regarding legal protection for certificate owners whose certificates are used by other people to enter into credit agreements in banking, because the party making the credit agreement does not have a certificate to be used as collateral in the process of borrowing money at the bank, as well as the responsibility of the certificate borrower. in accordance with applicable regulations.
Kedudukan International Criminal Police Organization (ICPO-Interpol) dalam Perjanjian Ekstradisi antara Indonesia dan Australia Christien Pristi Gresilo Putri Amanda; Veriena Josepha Batseba Rehatta; Richard Marsilio Waas
TATOHI: Jurnal Ilmu Hukum Vol. 1 No. 5 (2021): Volume 1 Nomor 5, Juli 2021
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v1i5.624

Abstract

Introductioan: There are advances in science and technology, especially in transportation and communication technology that make it easier for people to move from one country to another. The movement of people from one country to another has been taken advantage of by criminals in an attempt to escape punishment, such as the case of Adrian Kiki Ariawan who fled to Australia. Therefore, international cooperation is needed through the involvement of Extradition and ICPO-Interpol.Purposes of the Research:  To analyze and review the implementation of the extradition treaty between Indonesia and Australia. And to analyze and study the position of ICPO-Interpol in the extradition treaty between Indonesia and Australia.Results of the Research: This research uses normative juridical research with the legal materials used in the research are primary, secondary and tertiary data using library study techniques in the form of Law No.1 of 1979 on Extradition, scientific papers and literature.
Kebijakan Negara Filipina Tentang Penembakan Mati Pelaku Kejahatan Narkoba Dalam Perspektif Hukum Hak Asasi Manusia Internasional Brenda Jacobs; Lucia Charlota Octovina Tahamata; Dyah Ridhul Airin Daties
TATOHI: Jurnal Ilmu Hukum Vol. 1 No. 6 (2021): Volume 1 Nomor 6, Agustus 2021
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v1i6.636

Abstract

Introduction: The Philippines is one country that provides serious penalties for drug offenders. The war on drugs is a policy carried out by the president of the Philippines, Duterte, to eradicate drug crimes. The victims who are suspected drug users and dealers are arrested and shot to death without a judicial process and a decision that has permanent legal force. Purposes of the Research: The method used is a normative juridical research method using a case approach, a statutory approach and a conceptual approach.Methods of the Research: This research is an empirical legal research, using a law approach and a case approach. Research data sources include primary, secondary and tertiary data sources. Data collection techniques in the form of library research and field studies. Technical Analysis of the data used is descriptive qualitative.Results of the Research: The results obtained explain that the regulation of drug dealers and users is regulated in international law and is also regulated in Philippine national law. The war against drugs in the Philippines by shooting dead drug crimes is contrary to international legal instruments, namely violations of human rights, especially the right to life. Because someone can not be killed arbitrarily, and can not be punished before the court site for accusations of wrongdoing. Thus, it is hoped that the policies carried out by the President of the Philippines will prioritize human rights with more attention to the rules regarding human rights.
Kebebasan Hakim Dalam Penjatuhan Pidana Korupsi Dikaitkan Dengan Surat Edaran Mahkamah Agung Nomor 3 Tahun 2018 Hamdi Pune; Elsa Rina Maya Toule; Erwin Ubwarin
TATOHI: Jurnal Ilmu Hukum Vol. 1 No. 7 (2021): Volume 1 Nomor 7, September 2021
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v1i7.664

Abstract

Introduction: Judges must be free to conduct legal considerations, and feel confident in what they are trying, so that they can impose sentences according to their beliefs and are supported by two pieces of evidence, but the Circular Letter of the Supreme Court Number 3 of 2018, limits judges in making decisions.Purposes of the Research: To analyze and discuss the freedom of judges in making decisions on a criminal act, as well as analyze and discuss the freedom of judges associated with the Circular Letter of the Supreme Court Number 3 of 2018 in criminal acts of corruption.Methods of the Research: The research is normative juridical, using primary and secondary legal materials.Results of the Research: From the results Based on the results of the research, it was found that the Circular Letter of the Supreme Court Number 3 of 2018 binds judges to, and restricts judges from making decisions, but there are judges who follow this circular letter and some do not follow the circular letter, according to with the amount of state losses arising from the corruption committed.

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