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.
Articles
476 Documents
<![CDATA[Tanggungjawab Negara Arab Saudi Dalam Pelanggaran Terhadap Hukum Diplomatik ]]>
<![CDATA[Rutumalessy, Karina Alishe]]>;
<![CDATA[Wattimena, Josina Augustina Yvonne]]>;
<![CDATA[Waas, Richard Marsilio]]>
<![CDATA[ TATOHI: Jurnal Ilmu Hukum Vol 4, No 8 (2024): Volume 4 Nomor 8, Oktober 2024 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/tatohi.v4i8.2469
<![CDATA[Introduction: Countries in the world that live side by side must establish cooperative relations with one another. Relations between these countries require various rules so as to give birth to diplomatic and consular provisions, namely in the Vienna Convention on Diplomatic Relations and the Vienna Convention on Consular Relations. However, it is undeniable that even though it has been regulated in such a way, violations of the provisions of international law cannot be avoided because they are closely related to human relations. For example, the violations committed by Saudi Arabia.Purposes of the Research: This writing aims to find out the violations of Diplomatic Law committed and the form of accountability that must be fulfilled by Saudi ArabiaMethods of the Research: Using Normative Legal Research Type. This type of research will be carried out by examining and analyzing primary and secondary legal sources that are related to the problem being studied using a statute approach, a case approach, and a conceptual approach.Results of the Research: Based on this research, it can be concluded that Saudi Arabia has been proven to have violated diplomatic law by violating various principles that regulate the course of relations between countries and the provisions of the Vienna Convention on Diplomatic Relations and the Vienna Convention on Consular Relations. Thus, based on the provisions of the Responsibility of States for Internationally Wrongful Acts, Saudi Arabia can be held responsible for its mistakes in the form of giving restitution, compensation, or actions that cause satisfaction, for example, a formal apology]]>
<![CDATA[Perlindungan Hukum Bagi Pekerja Di Kota Ambon ]]>
<![CDATA[Tandjung, Meigy]]>;
<![CDATA[Salmon, Hendrik]]>;
<![CDATA[Bakarbessy, Andress Deny]]>
<![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.v4i7.2468
<![CDATA[Introduction: Sumber Hidup Hospital Ambon, the system of paying wages to its workers is not going well. The Sumber Hidup Hospital Workers' Union filed a lawsuit against Sumber Hidup Hospital at the Ambon District Court.Purposes of the Research: To find out and analyze the wage system based on Government Regulation Number 36 of 2021 Concerning Wages. To find out that companies are required to apply wages based on Government Regulation Number 36 of 2021.Methods of the Research: This research uses normative juridical research methods. The research approach used by the author is a statutory approach (Statute Approach) and a conceptual approach (Conceptual Approach). The procedure for collecting legal materials is carried out by means of library research. The legal materials used by the author in this study are primary legal materials, secondary legal materials, and tertiary legal materials.Results of the Research: Government Regulation no. 36 of 2021 concerning Wages specifically for Sumber Hidup Hospital workers has not been implemented in practice. particularly in relation to the policy of wages and payment of rights and obligations because there are still many irregularities that occur in the implementation of these Government Regulations. This is evident from the complaints and unrest of the Sumber Hidup Hospital workers where the Sumber Hidup Hospital Foundation as the employer has not paid the workers' wages, so the workers' rights and the employer's obligations have not been fulfilled.]]>
<![CDATA[Perlindungan Hukum Bagi Dalam Tindak Pidana Korupsi Saksi ]]>
<![CDATA[de Fretes, Petra Jon]]>;
<![CDATA[Hehanussa, Deassy Jacomina Anthoneta]]>;
<![CDATA[Hattu, Jacob]]>
<![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.v4i7.2467
<![CDATA[Introduction: Legal protection for witnesses in corruption crimes is a form of service that must be provided by the government to witnesses to provide a sense of security.Purposes of the Research: The purpose of this study is to analyze and discuss legal protection for witnesses in corruption crimes according to Law Number 13 of 2006 concerning the Protection of Witnesses and Victims and to analyze and explain the mechanisms for providing legal protection to witnesses and victims by the LPSK.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 legal protection for witnesses in criminal acts of corruption according to Law No. 13 of 2006 must be given to witnesses since they are appointed as witnesses. This is to protect witnesses from actions outside the law that can harm witnesses. Then the mechanism for providing legal protection for witnesses should be that legal protection is a right for witnesses. Therefore, all mechanisms or procedural forms in providing protection must be eliminated by taking into account the urgency of providing legal protection for witnesses.]]>
<![CDATA[Perlindungan Hukum Terhadap Anak Yang Menjadi Korban Tindak Pidana Pencabulan ]]>
<![CDATA[Polnaya, Marselio F. H.]]>;
<![CDATA[Supusepa, Reimon]]>;
<![CDATA[Tuhumury, Carolina]]>
<![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.v4i7.2466
<![CDATA[Introduction: The criminal act of molestation of children is a crime that violates morality, immorality and religion.Purposes of the Research: analyze the form of legal protection for children who are victims of criminal acts of obscenity, and to be able to find out the efforts to deal with children who are victims of criminal acts of obscenity.Methods of the Research: victims of sexual abuse. The type of research used is "Normative Juridical" research, and is descriptive analysis in nature, the research approach uses a statutory approach, a case approach, and a conceptual approach. The technique of collecting legal materials through library research, then analyzing the legal materials used is qualitativeResults of the Research: The implementation of child protection in the form of state responsibility is that the responsibility of the state for the promotion of children's rights is not just a legal responsibility, but a constitutional responsibility and human rights that have been recognized internationally. So it is every member of the community who seeks to protect children according to their abilities with various kinds of efforts in certain situations and conditions. Every citizen is also responsible for implementing child protection for the sake of child welfare, because child protection has a positive influence on parents, family, society, government and the state. Coordination of collaborative child protection activities needs to be carried out in order to prevent an imbalance in overall child protection activities. Efforts to deal with criminal acts of sexual abuse of minors can be carried out in two ways, namely prevention and management if criminal acts of sexual abuse of children have already occurred]]>
<![CDATA[Perlindungan Hukum Terhadap Kebebasan Pers (Wartawan) Dalam Melakukan Kegiatan Jurnalistik ]]>
<![CDATA[Nikodemus, Jimris Fantos]]>;
<![CDATA[Latupeirissa, Julianus Edwin]]>;
<![CDATA[Ubwarin, Erwin]]>
<![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.v4i7.2465
<![CDATA[Introduction: Freedom of the press is fundamental. Freedom is meant in the context of exercising the rights, functions and roles of the press. Journalists as people who carry out these functions and roles, get guaranteed legal protection. In Article 8 of Law No. 40 of 1999 concerning the Press it states "In carrying out their profession journalists receive legal protection". However, in reality, cases of violence, intimidation and threats against journalists are still occurring.Purposes of the Research: Reviewing and discussing whether actions that impede freedom of the press can be held criminally responsible and reviewing and discussing legal protection for freedom of the press (journalists) in conducting journalistic activities.Methods of the Research: The research method used is normative research based on statutory approaches, case approaches and conceptual approaches.Results of the Research: The results of the research found that acts that impede freedom of the press (journalists) in carrying out journalistic activities are criminal acts and for those actions committed, they can be held criminally responsible and can be processed based on applicable law. On the other hand, legal protection from both the government and/or the public for journalists must be carried out with full awareness and a high sense of responsibility so that good synergy is built to create a sense of security for journalists in carrying out their noble duties.]]>
<![CDATA[Penerapan Daya Paksa dalam Penyelesaian Perkara Penganiayaan yang dilakukan Korban Terhadap Pelaku Begal ]]>
<![CDATA[Syauta, Eko Prasetio]]>;
<![CDATA[Titahelu, Juanrico Alfaromona Sumarezs]]>;
<![CDATA[Leasa, Elias Zadrach]]>
<![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.v4i7.2464
<![CDATA[Introduction: Forced power in criminal law is the most important part and cannot be separated from criminal acts to measure and determine a grant of accountability to someone who commits a crime and is regulated in Article 48 of the Criminal Code which states: Whoever commits an act due to the influence of coercive force, is not can be punished. However, in the case that occurred at the Kepanjen District Court in Malang district, it gave the opposite decision regarding the abuse case committed by the victim MZA against the robber by giving MZA a guilty verdict for legally committing maltreatment which caused the death of a person as stipulated in Article 351 of the Criminal Code.Purposes of the Research: To find out and analyze the process of resolving cases of abuse committed by victims against robbers, to find out and analyze the judge's legal considerations regarding the criminal act of abuse committed by the victim against the robber.Methods of the Research: The research method used is Normative Juridical, Type of research is Descriptive Analytical, Sources of legal materials: Primary, Secondary and Tertiary, Techniques for collecting legal materials using Literature Study, Analysis of legal materials using Qualitative methods.Results of the Research: The results of the study show that: 1. Sanctions were given to MZA as the perpetrator of the persecution that caused the death of a person (in this case the victim of mugging) committed by the victim MISNAN and MAD (in this case the perpetrator of the robbery) in Decision Number 1/Pid.Sus- Anak/2020/PN.Kpn should not have been dropped on MZA because the act can be categorized as an act committed under coercive circumstances as stipulated in Article 48 of the Criminal Code. 2. Overall in Decision Number 1/Pid.Sus-Anak/2020/PN.Kpn the Panel of Judges has considered the existence of acts of self-defense in the case. However, according to the author, the Panel of Judges did not consider the legal facts at the location a case incident that forced and threatened MZA so that he could not escape which led to the act of taking out a knife and stabbing him as part of MZA's self-defense efforts]]>
<![CDATA[Legal Protection of Billing Agency Workers ]]>
<![CDATA[Radjawane, Jemy Marvel]]>;
<![CDATA[Tjiptabudy, Jantje]]>;
<![CDATA[Kuahaty, Sarah Selfina]]>
<![CDATA[ TATOHI: Jurnal Ilmu Hukum Volume 4 Issue 11, January 2025 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/tatohi.v4i11.2844
<![CDATA[Introduction: Humans as social creatures need help from other humans in living their daily lives. Because, there are things that humans cannot do without the help of other people. Apart from this, humans in their lives also have 3 (three) basic needs, namely: primary, secondary and tertiary needs. Facing these needs, both humans and companies always want to fulfill them all because they basically want to live a decent life and always have enough. To be able to meet these needs, what often happens is that people and companies do not buy goods in cash but rather in installments or on credit.Purposes of the Research: Can a collection agency be said to be an employee? and what is the form of legal protection for collection agencies that take motor vehicles that are objects of credit guarantee.Methods of the Research: The research method used is a normative or literature legal research method.Results of the Research: The legal relationship between the debt collector and the debtor, namely the Billing Agency in doing its work acts as a lessor based on a power of attorney. The legal basis for the Billing Agency in carrying out its duties is carried out based on the granting of power of attorney from the lessor to the Billing Agency as stipulated in Article 1792 and Article 1795 of the Civil Code regarding special power of attorney.]]>
<![CDATA[Criminal Law Policy in Efforts to Combat the Illegal Distribution of Hard Drugs Without a Doctor's Prescription ]]>
<![CDATA[Kabanga, Yoshua Andres]]>;
<![CDATA[Sopacua, Margie Gladies]]>;
<![CDATA[Saimima, Judy Marria]]>
<![CDATA[ TATOHI: Jurnal Ilmu Hukum Volume 4 Issue 11, January 2025 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/tatohi.v4i11.2843
<![CDATA[Introduction: Nowadays, there are many irregularities related to the Health Act. The urgency of problem solving arising from medication errors is very great because one type of medication error, namely administration error, ranks first compared to other types of medication errors. With the percentage of administration errors amounting to 81.32% of errors related to medical administration that occur in Indonesia.Purposes of the Research: To understand and explain the juridical responsibility that must be imposed on the perpetrators of selling prescription drugs without a doctor's prescription through online buying and selling sites.Methods of the Research: Research methods are used to find and process data in accordance with the research objectives and solve the problems posed by researchers.Results of the Research: The results showed that: (1). In Law Number 17 of 2023 concerning Health (hereinafter referred to as the Health Law) there are offenses that can be imposed on the perpetrator, these offenses are listed in Article 435 & Article 436. Article 435 states that every violation of medication error will be sentenced to imprisonment for a maximum of 12 (twelve) years or a maximum fine of Rp5,000,000,000.00 (five billion rupiah). Meanwhile, a person who does not have the expertise in the field of pharmacy in accordance with the provisions of the Law but continues to distribute pharmaceutical preparations will be subject to the offense in article 436 with a maximum imprisonment of 5 (five) years or a maximum fine of Rp. 500,000,000.00 (five hundred million rupiah).” Countermeasures against prescription drugs without a doctor's prescription can basically be dealt with by article 435 and article 436 of the Health Law, and there is a lot of evidence of the existence of these two articles that apply to offline prescriptions drug dealers. (2). Countermeasures against the distribution of prescription drugs through online buying and selling sites are still somewhat ambiguous because there is no law that specifically regulates the countermeasures of prescription drugs online, which causes a legal vacuum in countermeasures against the distribution of prescription drugs online. Therefore, elaboration, and hard work from every law enforcement officer is needed to tackle the problem.]]>
<![CDATA[Legal Protection for Salak Riring as a Geographical Indication ]]>
<![CDATA[Raihan, Muhammad]]>;
<![CDATA[Berlianty, Teng]]>;
<![CDATA[Soplanit, Miracle]]>
<![CDATA[ TATOHI: Jurnal Ilmu Hukum Volume 4 Issue 11, January 2025 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/tatohi.v4i11.2842
<![CDATA[Introduction: Registration of geographical indication protection of Salak Riring in West Seram Regency will popularize the area as a producer of quality salak fruit, increase sales, and contribute to local economic growth. This protection also provides legal certainty for producers, protecting the product from counterfeiting and misuse. Salak Riring, also known as Salak Merah, has been recognized as a superior commodity of West Seram Regency, Salak Merah received an award in the form of a Certificate from the Minister of Agriculture of the Republic of Indonesia Number 454/KPTS/PD.210/9/2003, and was designated as a national superior variety due to its distinctive botanical characteristics and high economic value.Purposes of the Research: The purpose is to examine and explain the legal protection of Salak Riring as a geographical indication.Methods of the Research: The research method used is normative juridical, which examines legal materials such as laws and regulations, legal theories, and opinions of scholars in order to solve the problems studied.Results of the Research: The results of this study show that the legal protection of Salak Riring as a geographical indication has a significant economic impact on the people of Riring Village in West Seram. The registration of Salak Riring provides legal protection and certainty to the community in production and marketing, and protects against counterfeiting or misuse. Salak Riring as one of the geographical indication products with special characteristics, makes legal protection a must to maintain the sustainability of quality production and sales.]]>
<![CDATA[International Legal Aspects of Whale Hunting by Indigenous Legal Communities ]]>
<![CDATA[Tahalea, Rensy Elma Tahalea]]>;
<![CDATA[Daties, Dyah Ridhul Airin]]>;
<![CDATA[Riry, Welly Angela]]>
<![CDATA[ TATOHI: Jurnal Ilmu Hukum Volume 4 Issue 11, January 2025 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/tatohi.v4i11.2841
<![CDATA[Introduction: Greenland in Denmark, Siberia in Russia, Bequia in the island nation of Saint Vincent and the Grenadines, Alaska in the United States, Canada and the Faroe Islands located in the North Atlantic Ocean are some of the countries that still practice traditional whaling. Unlike Japan, which conducts commercial whaling and uses modern tools. Indonesia is a country that recognizes indigenous peoples and their customary law in the constitution. The Leva Nuang tradition or Lewa tradition is a tradition of the Lamalera people in East Nusa Tenggara Province in carrying out whaling in a traditional way for their own needs. Whales themselves are protected animals in the Convention on International Trade In Endangerad Species of Wild Fauna and Flora (CITES 1973).Purposes of the Research: The issue discussed in this paper is how international legal instruments regulate whaling and how international law protects the right of indigenous peoples to carry out whaling traditions.Methods of the Research: The research method used is normative juridical, using a concept approach, a statutory approach and a case approach. The sources of legal materials used are primary, secondary, and tertiary legal materials. Analysis of such legal materials uses qualitative analysis techniques.Results of the Research: The results showed that the Convention on International Trade In Endangerad Species of Wild Fauna and Flora (CITES 1973) regulates protected animals, one of which is whales. There is also an international legal instrument governing whaling, the International Convention for the Regulation of Whaling (ICRW 1946). The Government of Indonesia ratified CITES 1973 on December 15, 1978 through Presidential Decree Number 43 of 1978. However, the 1946 ICRW Convention and ILO Convention 169 on Indigenous Peoples have not been ratified by the Indonesian government. Nevertheless, the Indonesian government recognizes and protects the rights of indigenous peoples, including the Leva Nuang tradition or Lewa tradition.]]>
