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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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Factors Causing Reform of Marriage Law in the Islamic World Sinulingga, Ahmad Yasir; Ananda, Faisar; Irwansyah, Irwansyah
TATOHI: Jurnal Ilmu Hukum Volume 4 Issue 11, January 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i11.2830

Abstract

Introduction: The reform of Islamic marriage law is fundamentally influenced by many factors.Purposes of the Research: This paper aims to find out what factors caused the reform of marriage law in the Islamic world, and what the wisdom of the reform of marriage law is for the Muslim community.Methods of the Research: This research employs the library study approach (library research). Primary sources of information are derived from publications pertaining to the discourse on the reform of marriage law in the Islamic world.Results of the Research: The results of the study show that there are many things that become factors causing the reform of the marriage law, but the main factor is the development of the times in terms of socio-cultural changes so that new problems arise that need new laws in response to this. While the wisdom of the renewal of the marriage law is to keep the teachings of Islam in the family field still accepted by modern society.
Drive-Thru Service System for Motor Vehicle Tax Collection and Its Impact on Taxpayers Amalia, Mia; Lestari, Adinda Dwi; Zahra, Dina Islami; Syahidah, Fatiya; Khairunnisa, Halyza; Jenab, Siti
TATOHI: Jurnal Ilmu Hukum Volume 4 Issue 11, January 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i11.2794

Abstract

Introduction: Taxes are mandatory contributions by the state to individuals or legal entities, which are coercive and regulated by laws and regulations. This contribution is not accompanied by direct rewards, but is used for state needs in order to advance the welfare of the people as a whole.Purposes of the Research: This study aims to analyze how the Drive-Thru service system affects the level of taxpayer compliance in paying motor vehicle taxes and also to find out how community satisfaction in services and taxpayer compliance by using the Drive-Thru system for tax collection.Methods of the Research: This research method uses a qualitative method with a normative juridical approach, by using relevant laws and regulations, as well as legal doctrines related to the legal issues being studied.Results of the Research: The results showed that the implementation of the Samsat Drive-Thru system has a positive and significant effect on taxpayer compliance, where ease of access and time efficiency are key factors that increase public interest in paying vehicle taxes. Apart from that, this study also found that the importance of taxpayer awareness, tax knowledge, and tax sanctions as part of influencing compliance in paying taxes. Thus, innovations in tax service systems such as Samsat Drive-Thru can contribute to increased local revenue through better tax compliance.
Legal Protection of Children Facing the Law for Their Published Identities Kalsela, Wanda Frisilia; Alhadi, Muhammad Nurcholis; Prasetyo, Bayu
TATOHI: Jurnal Ilmu Hukum Volume 4 Issue 12, February 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i12.2857

Abstract

Introduction: The news that contains the identity of children involved in legal cases, whether as perpetrators, victims or witnesses, is a crucial issue because it can interfere with their physical, emotional and social development. Indonesian law has established various regulations that strictly prohibit the disclosure of children's identities in order to protect their rights. This research focuses on analyzing legal policies governing the protection of children in mass media coverage, particularly in the context of disclosing their identities.Purposes of the Research: In addition, the study also evaluated potential legal consequences, including criminal sanctions and possible violations of the journalistic code of ethics.Methods of the Research: Using a descriptive normative juridical method, this research explores the applicable legal provisions, the pattern of media coverage, and the impact caused by violations of these rules.Findings of the Research: The findings of the study show that although there are clear rules regarding the protection of children's identities, their implementation is still hampered by several problems, such as the lack of understanding of journalists of relevant laws and indecisiveness in sanctioning violations. This study also identifies a number of laws that regulate criminal liability against mass media, including "Law Number 40 of 1999 concerning the Press, Law Number 11 of 2012 concerning the Aanak Criminal Justice System, Law Number 35 of 2014 concerning Child Protection, and the Criminal Code".
The Impact of Embezzlement of Bank Indonesia Deposit Cash in Maluku and the Implications for Banking Security Salmon, Harly Cliford Jonas
TATOHI: Jurnal Ilmu Hukum Volume 4 Issue 12, February 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i12.2856

Abstract

Introduction: One of the most common criminal offenses in the banking sector is falsification of records, particularly in the provision of credit facilities. Falsification of records refers to the act of creating or manipulating data and information that do not reflect reality to gain unlawful advantages. The case of misappropriation of Bank Indonesia’s entrusted funds faced by the Regional Development Bank of Maluku and North Maluku, involving an outsourced employee, serves as a concrete example of how banking crimes can have widespread effects and negative impactsPurposes of the Research:  To analyze the legal impact and implications of the misappropriation of Bank Indonesia’s entrusted funds in Maluku on the banking sector.Methods of the Research: This study employs a normative legal research method, primarily utilizing library research as the main data source. It adopts a conceptual approach, gathering data from various literature sources. Legal materials are collected from secondary legal sources, then processed and analyzed qualitatively.Findings of the Research: What is new in this Research that may benefit readers and how it is advancing the existing knowledge or creating new knowledge in this subject. It is at the heart of a research report because a finding is what the reader is actually looking for. The findings component does not have to present all the things that are found in the research, it is presented that the findings are relevant to the nature of this research. For example: The results show that or The findings of this study prove that businesses that reached their dominant position before the recession had a significant advantage over small businesses. However, they cannot be compelled to act on the same basis for very long, which is why a more US-like model would be useful for controlling some of these business behaviors.
Review of the Constitutional Court's Decision Number: 82/PUU-XII/2014 on Women's Representation in Parliament in the Perspective of Legal Feminism Fitriana, Alisa Zahra; Muslim, Ikhwanul; Yulianingrum, Aullia Vivi
TATOHI: Jurnal Ilmu Hukum Volume 4 Issue 12, February 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i12.2838

Abstract

Introduction: This study analyzes the Constitutional Court Decision Number: 82/PUU-XII/2014 which is a critical basis and an important basis for resolving the problem of women's representation in legislative institutions. Despite various legal provisions ensuring women's representation, challenges in practical implementation persist.Purposes of the Research: The research aims to examine the Constitutional Court's reasoning on the concept of women's representation and assess the consistency of equality principles through the lens of legal feminism.Methods of the Research: This study employs a normative juridical research method with a descriptive approach, focusing on the judicial interpretation of women's representation and its impact on affirmative policies in politics.Findings of the Research: The findings reveal that Decision Number: 82/PUU-XII/2014 reflects efforts to protect women's constitutional rights by reinforcing the phrase "prioritizing women's representation," despite its lack of explicit regulation. The study also indicates that the Constitutional Court consistently applies legal feminism principles to ensure equal opportunities in legislative institutions. However, the repeal of gender affirmative measures in Law Number: 17 of 2014 on MD3 has led to legal uncertainty, disadvantaging women.
Warehouse Receipt Guarantee Fund As Protection For Holders Or Recipients Of Warehouse Receipt Guarantee Rights Nabila, Syadzwina Hindun
TATOHI: Jurnal Ilmu Hukum Volume 4 Issue 12, February 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i12.2831

Abstract

Introduction: The agricultural sector is the backbone of the Indonesian economy. However, farmers still face various challenges, including limited access to finance, fluctuating commodity prices, and the dominance of middlemen in the supply chain. These conditions hinder the improvement of farmers' productivity and welfare. The warehouse receipt system works by providing farmers with proof of ownership of their crops in the form of warehouse receipts that can be used as collateral to obtain loans from financial institutions, giving farmers flexibility in selling their crops. However, the warehouse receipt system still faces a number of challenges, including the risk of loss due to failure of the warehouse manager. To address this, the government has established the Warehouse Receipt Guarantee Corporation, which aims to protect farmers' rights and increase confidence in the system.Purposes of the Research:  The purpose of this study is to examine how the warehouse receipt guarantee institution as a protection for warehouse receipt holders or recipients of collateral rights on warehouse receipts.Methods of the Research: This research is conducted in normative juridical, using literature data as secondary data to examine the rules and norms in law.Findings of the Research: The warehouse receipt guarantee institution provides protection and legal certainty to warehouse receipt holders and recipients of collateral rights from the failure of warehouse managers to carry out their duties which can result in physical damage to goods due to external factors such as natural disasters or internal factors such as negligence. This Warehouse Receipt Guarantee Agency will function as a guarantor like insurance if there are Warehouse Managers who experience bankruptcy. To protect the rights of warehouse receipt holders, Law Number 9 Year 2011 authorizes the Guarantee Institution to take action if the warehouse manager fails to perform his duties. The Guarantee Institution is authorized to make policies, handle problems, and even file for bankruptcy if necessary.
Zaakwarneming: Legal Balance for Gestor and Dominus Panjaitan, Wijaya Natalia
TATOHI: Jurnal Ilmu Hukum Volume 4 Issue 12, February 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i12.2816

Abstract

Introduction: Zaakwarneming refers to the voluntary managing of another person's matters without a formal agreement, namely the gestor acting in the interest of the dominus. This research discusses how the zaakwarneming principle creates a balance between the dominus and the gestor by utilizing the authority granted in Article 1354 of the Civil Code. It analyzes the application of this principle in various legal situations and assesses its impact on the responsibilities and rights of both parties.Purposes of the Research: The purpose of this study is to analyze the legal Balance for gestor and dominus in zaakwarneming.Methods of the Research: The type of research used is Normative Juridical with the type of library research.Findings of the Research: The analysis results show that the regulation of zaakwarneming should provide a fair and effective legal basis and provide a balanced arrangement for the gestor and dominus.
The Concept of Countering Material Law (Materiele Wederrechtelijk) And Its Relevance To The Natural Law Stream Muammar, Muammar
TATOHI: Jurnal Ilmu Hukum Volume 4 Issue 12, February 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i12.2785

Abstract

Introduction: The development of the concept of unlawfulness (wederrechtelijk) is interesting to accentuate, because unlawful is not only limited to unlawful in the formal sense, but also includes unlawful material law (materiele wederrechtelijk) which has abstract content, because unlawful material law can be interpreted even though the act does not violate the rules of criminal law.Purposes of the Research:  This paper aims to analyze how the relevance of the concept against material law (materiele wederrechtelijk) with the natural law stream that is in line and has an identity between the two.Methods of the Research: This paper uses a type of normative legal research. The approaches used in this paper are the conceptual approach, the theoretical approach, and the philosophical approach.Findings of the Research: The concept of material law is interpreted as not only violating the applicable legal rules. However, this is because an act is considered "against the law" from its origin. This means that the common sense of the community views the act as reprehensible, evil, and immoral. Violating material law is not always interpreted as violating written rules, it can be that the act is not written, but it is considered unlawful (against the law). In that position, the natural law stream became the foothold for the establishment of the concept against material law. Because the natural law school that builds its main thesis on lex naturalist always makes the principles of truth and justice the main benchmark in determining actions between good and bad, evil and not evil, and morals and immorality.
The Urgency of Victim Impact Statements in Handling Sexual Violence Cases in Indonesia Andries, Desebrina Lupitha; Latupeirissa, Julianus Edwin; Saimima, Judy Marria
TATOHI: Jurnal Ilmu Hukum Volume 5 Issue 2, April 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v5i2.2953

Abstract

Introduction: Victim Impact Statement (hereinafter referred to as VIS) is a mechanism that provides an opportunity for victims or their families to convey the psychological, physical, social, and financial impacts resulting from a criminal act. The purpose of VIS is to provide the victim’s perspective in the judicial process to help judges understand the consequences of the criminal act, especially during the sentencing phase.Purposes of the Research: The aim of this research is to examine and analyze the urgency of VIS in the Indonesian criminal justice system and its influence on sexual violence cases.Methods of the Research: This research uses a normative legal research method with a legislative approach, a conceptual approach, and a comparative approach. The data collected is analyzed qualitatively to understand the role of VIS in the criminal justice system.Findings of the Research: The results of the research show that the decision of the Padang High Court Number 119/PID.Sus/2024/PT.PDG, where the defendant was acquitted despite sufficient evidence, highlights the importance of applying VIS in the criminal justice system in Indonesia. To date, VIS has not been implemented in Indonesia, but this case reflects the need for a better mechanism to ensure that victims' rights are truly upheld in the judicial process. Therefore, integrating VIS into the Indonesian criminal justice system is necessary to enhance protection for victims, particularly in sexual violence cases.
The Crime of Spreading Pornographic Content in Digital Media Nugroho, Muhamad Rizal Satrio; Alhadi, Muhammad Nurcholis; Muslim, Ikhwanul
TATOHI: Jurnal Ilmu Hukum Volume 5 Issue 1, March 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v5i1.2890

Abstract

Introduction: As technology continues to advance, it brings significant changes to people’s lives. However, these advancements are also accompanied by threats, one of which is cybercrime. A particular form of this crime is the dissemination of pornographic content, which has substantial negative impacts, both on individual victims and on society as a whole.Purposes of the Research: This study aims to examine the legal regulations in Indonesia governing the dissemination of pornographic content and to analyze the legal protection for victims as stipulated in Law Number 12 of 2022 concerning Sexual Violence Crimes.Methods of the Research: The research method used is normative juridical approach, involving an analysis of relevant laws, such as the Criminal Code, the Electronic Information and Transactions Law, the Pornography Law, and the Law on Sexual Violence Crimes.Findings of the Research: The results of the study show that the dissemination of pornographic content is regulated in articles 282, 296, and 50 of the Criminal Code, as well as Article 27 paragraph (1) and Article 45 paragraph (1) of the Electronic Information and Transaction Law, with strict criminal threats. The Pornography Law and Law Number 1 of 2024 strengthen supervision of electronic systems and administrative sanctions. The Sexual Violence Crime Act provides comprehensive protections for victims, including the right to legal services, psychological support, content removal, and protection from perpetrator threats and lawsuits.

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