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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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Tanggung Jawab Pelaku UMKM Sebagai Merchant Dalam E-commerce Tuhumena, Since; Narwadan, Theresia Nolda Agnes; Fataruba, Sabri
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.v4i9.2493

Abstract

Introduction: The dynamics of globalization and technological advances have changed the business world significantly, especially with rapid developments in the field of electronic commerce (e-commerce). Significant growth in this field is expected to make a positive contribution to the development of Micro, Small and Medium Enterprises (MSMEs) by expanding market access.Purposes of the Research: To find out and analyze the responsibilities of MSME actors as merchants in e-commerce.Methods of the Research: The legal research method used in studying this problem is normative juridical, which is based on primary, secondary and tertiary legal materials, and uses a statutory approach and a conceptual approach.Results of the Research: The results of this research show that quite a few business actors do not fulfill their obligations, namely being responsible for fulfilling consumer rights. The form of consumer rights that is violated by business actors in a food product for consumption by consumers is stated in Article 4 point (3) regarding the provision of correct and clear information about a product, goods and/or services. Therefore, business actors are obliged to follow food production standards and maintain product quality in order to meet consumer needs and satisfaction. To protect consumers from business actors whose rights are not fulfilled, the Consumer Protection Law provides protection to consumers in two forms, namely preventatively and repressively. By using strict liability, the application of absolute responsibility solves problems faced by consumers without the need to prove fault, so that consumer rights based on this responsibility can provide legal protection
Akibat Hukum Terhadap Pendaftaran Merek Produk Barang Yang Memiliki Persamaan Pada Pokoknya Siolimbona, Sandra; Haliwela, Nancy Silvana; Labetubun, Muchtar Anshary Hamid
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.v4i9.2492

Abstract

Introduction: Trademarks or names are marks used by companies or businesses on the products they trade because Trademarks are used as identifiers. As stipulated in Law No. 20 Year 2016 on Trademarks and Geographical Indications in Article 1 paragraph (1). Trademarks also cannot be registered when they have elements of similarity in the trademark as stipulated in Article 20-21 of the Trademark and Geographical Indications Law. However, this is contrary to the incident in the chocolate product brands Chacha Delfi and Chacha Lokal, where Chacha Delfi tried to apply for registration at the Directorate General of IPR and KEMENKUMHAM but was rejected because the Chacha Delfi brand has an element of similarity in its principal to the Cha-Cha Lokal product brand, because we know that the Cha-Cha Lokal brand from PT. Mayora who registered the brand first.Purposes of the Research: To know and explain about the procedure of product registration Trademark Chacha Delfi and Cha-Cha Local, which has similarities in essence and know and, analyze the legal consequences of registration of trademarks that have similarities in essen.Methods of the Research: The legal research method used for this research is based on primary, secondary, and tertiary legal materials, and uses a statute approach and conceptual approach and case approach.Results of the Research: The results showed that the Chacha Delfi trademark registration procedure was rejected by the Directorate General of IPR and KEMENKUMHAM, because the trademark did not meet the registration procedures where the trademark has similarities to the pre-existing trademark, namely the local Cha-Cha trademark that has done the trademark registration first. because based on the Trademark Law and PERMENKUMHAM who register first then the trademark will be recognized ownership of the trademark. So that the legal consequences obtained by Chacha Delfi brand is rejected and dismissed to trade products Chacha Delfi brand and subject to sanctions under the Trademark Act and PERMENKUMHAM. Therefore, it is expected that the Directorate General of IPR and KEMENKUMHAM, in order to publish the trademarks that have been registered, so that businesses and other companies can see, so that there is no more Trademark Equation and does not lead to a Trademark Equation dispute.
Peran Association of South East Asian Nation (ASEAN) dalam Mengatasi Transnational Human Trafficking di Asia Tenggara Pentury, Zachary Ivander; Waas, Richard Marsilio; Daties, Dyah Ridhul Airin
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.v4i9.2491

Abstract

Introduction: ASEAN, as a regional organization in Southeast Asia, aims to maintain security and stability in the ASEAN region, including addressing human trafficking.Purposes of the Research: The purpose of this study is to analyze and understand ASEAN's role in handling Transnational Human Trafficking in Southeast Asia.Methods of the Research: This study uses a normative juridical method with primary, secondary, and tertiary legal materials.Results of the Research: The research findings indicate that ASEAN has institutions such as SOMTC and ASEAN-ACT, and legal instruments such as the ASEAN Declaration Against Human Trafficking in Persons, Particularly Women and Children, APA, and ACTIP. Despite the principle of non-intervention, which can be a hindrance in some aspects of addressing human trafficking, ASEAN, through these institutions and mechanisms, has carried out its role and responsibility to maintain the stability of the Southeast Asian region
Penerapan Pajak Progresif Kendaraan Bermotor Terhadap Tingkat Kepemilikan Kendaraan Pribadi Dan Tingkat Kemacetan Lalu Lintas Di Indonesia Amalia, Mia; Safira, Sahla Nazma; Irawati, Irawati; Ghanimah, Ghanimah; Mulyadi, Regina Putri Sri; Hodijah, Siti Nur
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.v4i10.2790

Abstract

Introduction: Indonesia has experienced a dramatic surge in the number of motorized vehicles.Purposes of the Research: This study aims to analyze the impact of the implementation of progressive tax on motor vehicles on the level of private vehicle ownership and traffic congestion in Indonesia.Methods of the Research: The methodology employed is qualitative research with a normative juridical approach, resulting in descriptive data regarding the effects of progressive tax policies.Results of the Research: The findings indicate that the implementation of progressive tax in Indonesia has the potential to reduce the number of private vehicles by imposing higher rates on individuals who own more than one vehicle. Although there is a decline in the ownership of second and subsequent vehicles, challenges in socialization and public understanding remain significant obstacles. Additionally, positive impacts on traffic congestion have been observed in several regions, although this is contingent upon the development of adequate public transportation infrastructure. The study concludes that the success of progressive tax in addressing congestion and environmental pollution requires effective implementation, public support, and the development of sustainable transportation alternatives. Therefore, a holistic and integrated approach is essential to ensure maximum benefits from this policy for society and the environment
Tanggung Jawab Pemerintah Daerah Dalam Menyediakan Aksesibilitas Bagi Penyandang Disabilitas Pada Fasilitas Publik Louhenapessy, Revally; Sedubun, Victor Juzuf; Pattinasarany, Yohanes
TATOHI: Jurnal Ilmu Hukum Vol 4, No 8 (2024): Volume 4 Nomor 8, Oktober 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i8.2475

Abstract

Introduction: Disability is often defined as an illness or injury that impairs and limits a person's mental and physical abilities or the state of being unable to do things in an unusual way.Methods of the Research: The research method used is normative juridical research, the type of research is analytical descriptive. The sources of legal materials used are primary, secondary and tertiary legal materials. The legal material collection technique used in this research is through library research. Analysis of legal materials is descriptive qualitative.Results of the Research: Based on the analysis, the authors conclude 1. The form of local government responsibility is to provide access to infrastructure, access to single residential buildings inhabited by persons with disabilities, and provide facilities for pedestrians. 2. Legal consequences if the Regional Government does not carry out its responsibility to provide accessibility, that is, it will be subject to sanctions in accordance with the provisions of the applicable laws and regulations
Tinjauan Yuridis Terhadap Tindak Pidana Laporan Palsu Jahawadan, Stephanie Mollucas; Latupeirissa, Julianus Edwin; Salamor, Anna Maria
TATOHI: Jurnal Ilmu Hukum Vol 4, No 8 (2024): Volume 4 Nomor 8, Oktober 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i8.2474

Abstract

Introduction: False reports are a form of conveying false news, information, or notifications or an incident that did not occur.Purposes of the Research: The purpose of this research is to know and analyze the qualifications of a report as a criminal act of false reporting and to know and analyze the judge's legal considerations in the case of fake reports.Methods of the Research: The method used is normative juridical with the Statute Approach, Conceptual Approach and Case Approach, and uses primary, secondary and tertiary legal materials.Results of the Research: The results of this study indicate that a false report is qualified as a crime on the basis of fulfilling the elements of a crime, and the false report itself has been regulated in Article 220 of the Criminal Code.  As well as the Judge's legal considerations relating to the decision Number: 60/Pid.B/2020/PN Blora is correct by handing down a decision against the defendant on behalf of Agus Jarmanto Bin Sujopo, imprisonment for 6 (six) months for the false report he made taking into account the factors Juridical and non-juridical factors in this case are aggravating and mitigating factors for the Defendant.
Penerapan Konsep Plea Bargaining Dalam Sistem Peradilan Pidana Terpadu Di Indonesia Paklioy, Ronny Putra Dirgantara; Titahelu, Juanrico Alfaromona Sumarezs; Latumaerissa, Denny
TATOHI: Jurnal Ilmu Hukum Vol 4, No 8 (2024): Volume 4 Nomor 8, Oktober 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i8.2473

Abstract

Introduction: The principle of simple, fast and low cost justice is a principle in the Indonesian judicial system that requires the implementation of law enforcement to be able to provide protection and legal certainty in the judicial process. The plea bargaining system is one of the alternatives that can be used to overcome the burden of cases in court and realize the principle of simple, fast and low cost justice as a principle in the Indonesian criminal justice system optimally.Purposes of the Research: The purpose of this paper is to review and analyze the application of the plea bargaining system and the obstacles in the application of the plea bargaining system in the Indonesian justice system.Methods of the Research: The method used in this writing is normative juridical with a statutory approach, comparative approach, and concept approach.Results of the Research: Based on this paper, it can be concluded that plea bargaining system is a part of criminal justice system that is developed and maintained by many countries up to now, both countries with common law system and countries with civil law system. Plea bargaining system is a system that has not been recognized in the Indonesian judicial system, however, this system can be a solution to the problem of accumulation of cases in the courts, the implementation process must be carried out comprehensively, and adjustments need to be made to the Indonesian criminal justice system so that it can be implemented and implemented optimally and effectively.
Pendekatan Non Penal Dalam Penanggulangan Kekerasan Seksual Verbal Anak Lawalata, Kevin Izaac Enrique; Hehanussa, Deassy Jacomina Anthoneta; Wadjo, Hadibah Zachra
TATOHI: Jurnal Ilmu Hukum Vol 4, No 8 (2024): Volume 4 Nomor 8, Oktober 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i8.2472

Abstract

Introduction: Child verbal sexual crimes are still a serious problem and this is a social disaster that worries society. This condition demands the protection of children.Purposes of the Research:  This study aims to analyze and discuss whether the non-penal approach is effective in dealing with child verbal sexual violence and what non-penal approaches can be used in tackling child verbal sexual violence.Methods of the Research:  The research method used is an empirical juridical research type. The research locations are the Gasira Maluku Foundation, Ambon 1 Public High School, Ambon 4 State Vocational School and the National Commission on Human Rights. Polulation, research samples of Gasira assistant staff, counseling teachers at SMA Negeri 1 Ambon, counseling teachers at SMK Negeri 4 Ambon and Komnas HAM analyst staff. Data collection through observation and interviews. Data processing and data analysis using qualitative methods.Results of the Research: The results of the study show that the non-penal approach is not yet effective in tackling child verbal sexual violence. This is because children's verbal sexual violence still occurs in schools and in society and is considered something that is normal or usually done to children. Even though verbal sexual violence is sexual violence that is carried out in a non-physical form against children, which is related to parts of the child's body and is related to sexual desire, resulting in intimidation, humiliation, humiliation, or embarrassment. Besides that, the lack of knowledge of school children, parents and the community regarding verbal sexual violence because they do not know what forms, impacts and non-penal approaches and penal approaches in dealing with child verbal sexual violence include. Forms of a non-penal approach that can be used in tackling child verbal sexual violence, namely conducting training, outreach to children and providing counseling and social education in order to develop sensitivity and social awareness of the community regarding the impacts that can arise from acts of child verbal sexual violence, the formation of the individual character of a group or community by providing moral education, religious education and handling child verbal sexual violence by the school and in the community through reprimands and advice to perpetrators not to commit violence and assistance to children as victims of verbal sexual violence.
Penerapan Prinsip Due Care Oleh Produsen Terhadap Peredaran Obat Di Masyarakat Amtsal, Abdul; Pesulima, Theresia Louize; Balik, Agustina
TATOHI: Jurnal Ilmu Hukum Vol 4, No 8 (2024): Volume 4 Nomor 8, Oktober 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i8.2471

Abstract

Introduction: Due care principle or the principle of prudence is a principle that must be applied by producers in producing goods or services in order to ensure that the products produced are really safe for consumption.Purposes of the Research: The purpose of this study is to find out and explain the application of the due care principle by manufacturers to the circulation of drugs in the community as well as the responsibility of manufacturers for syrup drugs containing harmful compounds.Methods of the Research: The research method used in this writing is a normative juridical research method with a legislative approach, a case approach and a conceptual approach, to answer the problems raised.Results of the Research: The results of this study can be concluded that the application of the Due Care Principle by manufacturers to drug circulation in the community underlines the importance of manufacturers being more careful in maintaining quality and safety in producing and distributing drugs. This includes testing and surveillance, reporting and transparency, distribution chains, and vigilance against contamination of a drug product. And manufacturers who produce syrup drugs containing harmful compounds can be requested strict liability based on Article 19 of the Consumer Protection Law.
Perlindungan Hukum Bagi Debitur Pailit Untuk Mewujudkan Asas Kelangsungan Usaha Pada Masa Covid-19 Reniwurwarin, Alfin Mubin; Saija, Ronald; Labetubun, Muchtar Anshary Hamid
TATOHI: Jurnal Ilmu Hukum Vol 4, No 8 (2024): Volume 4 Nomor 8, Oktober 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i8.2470

Abstract

Introduction: The Covid-19 pandemic has had so many impacts on social life, especially in the economic field, many debtors are experiencing difficulties in paying their debts because of Covid-19, Law Number 37 of 2004 concerning bankruptcy and suspension of debt payment obligations as a settlement of bankruptcy disputes becomes alternative in the debtor's efforts so that the debtor gets out of bankruptcy and can resume his business.Purposes of the Research: The purpose of this paper is to find out the factors that led to debtors going bankrupt during the Covid-19 period and efforts to protect debtors who are experiencing bankruptcy so they can continue their business again.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 legislation and legal norms that exist in society.Results of the Research: The results of this study indicate that the factors that influence bankrupt debtors during the Covid-19 period, namely, General Factors and External and Internal Factors, in an effort to protect debtors from continuing their business are preventive and repressive with the orientation of applying Force Majuere, debt restructuring and providing justice for bankrupt debitor.

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