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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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Criminal Liability for the Perpetrator of Wife and Child Abandonment in the Household Findianti, Sinta Annabella; Sopacua, Margie Gladies; Muammar, Muammar
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.v5i1.2917

Abstract

Introduction: Criminal liability is a legal process that ensures that every individual who commits a criminal act must be responsible for his or her actions, in this case the neglect of wife and children, criminal liability serves to provide a deterrent effect to the perpetrator and protect the rights of victims who have been harmed.Purposes of the Research: This study aims to analyze criminal liability for perpetrators of wives and children neglect in the household with a case study of Court Decision Number 45/Pid.Sus/2020/PN Psb.Methods of the Research: The research methods used are normative research, legislative approaches, primary and secondary legal materials and material collection procedures using literature studies. The approaches used are: statute approach, conceptual approach, and casus approach. Legal material tracing techniques using document study techniques, and study analysis using qualitative analysis.Findings of the Research: The results of the study show that criminal liability to the perpetrators of wives and children abandonment in the Court Decision Number 45/Pid.Sus/2020/PN. PSB, namely the defendant in being sentenced to prison for 3 (three) months, besides that the defendant will also improve his behavior and be responsible as the head of household for his family in the future,
Strategy of Dispute Resolution By Business Enterprises in Online Sale Transactions Joris, Tesalonika Luana; Saija, Ronald; Pariela, Marcelo Valentino Geovani
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.v5i1.2940

Abstract

Introduction: The practice of online buying and selling, there are often defaults that disadvantage related parties and cause disputes. Dispute resolution is often faced with problems such as complicated procedures, lack of public understanding of available mechanisms, imbalance of power between business owners and consumers, and limited capacity of dispute resolution institutions.Purposes of the Research: The purpose of this research is to find out how consumer protection against online buying and selling disputes.Methods of the Research: This research is normative in approach with a statutory approach and conceptual approach. The research sources are legal sources related to online transactions in order to increase understanding of the principles of justice, consumer protection, and dispute resolution due to default.Findings of the Research: The results show that as a settlement of disputes due to default, it is necessary to make preventive efforts, namely being aware of the rights and obligations as buyers and sellers to prevent default and repressive efforts for consumer protection with compensation and which can be resolved by litigation and non-litigation. Dispute resolution needs to be synchronized with existing regulations on each e-commerce platform, so that consumers and sellers can follow the dispute resolution mechanism effectively.
Criminological Study of Crime in Ambon City with Island Characteristics Hahury, Charly Timothy; Titahelu, Juanrico Alfaromona Sumarezs; Leasa, Elias Zadrack
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.v5i1.2947

Abstract

Introduction: Ambon City as the center of government, education and economy in Maluku, has also developed into a center for various crimes. This is due to the support of the geographical location of Ambon City and Maluku as a whole as an Island Province. The problem in this writing is how are the characteristics of crime in Ambon City which is characterized by an island and how are efforts to overcome crime in Ambon City which is characterized by an island.Purposes of the Research: The purpose of this writing is to study and analyze the characteristics of crime in Ambon City which is characterized by an island and to study and analyze efforts to overcome crime in Ambon City which is characterized by an island.Methods of the Research: The research method used is empirical juridical, the data sources used are primary data and secondary data. Data collection techniques through observation, interviews and literature studies. Qualitative data analysis techniques.Findings of the Research: The results of the study show that the characteristics of crime in Ambon City which is characterized by an island are divided into 3 groups, namely conventional crimes that stand out are aggravated theft; transnational crimes that stand out are narcotics trafficking crimes; and crimes based on social conflict involving areas/regions that have long been in conflict. Efforts to combat crime in Ambon City begin with identifying the factors that cause crime and linking them to the criminology theories used, after which two approaches are used, namely the penal approach and the non-penal approach to combat various crimes.
Criminal Law Policy in the Distribution of Assistance Funds for Corruption Causes Sidebang, Ledyana Olipia; Lewerissa, Yanti Amelia; Saimima, Judy Marria
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.v5i1.2951

Abstract

Introduction: Indonesia's financial income and expenditure called Fiscal are obtained from three components, namely: Tax, Non-Tax State Revenue, and Grants. However, at the time of fiscal distribution as part of state expenditure in this case aid funds experienced problems that gave rise to criminal acts of Corruption.Purposes of the Research: :  Aims to analyze criminal law policies regarding misused funds and analyze criminal law policies in corruption crimes related to misused aid funds.Methods of the Research: This study uses normative juridical with legal materials used in the study are primary, secondary, and tertiary. The collection technique is carried out through literature studies in the form of books, scientific works, and other literature.Findings of the Research: The results of the study show that the criminal law policy implemented by the Indonesian government is regulated in Law Number 31 of 1999 jo. Law Number 20 of 2001 concerning the Eradication of Corruption. Not only in this law, when Covid-19 hit Indonesia, the Indonesian government issued Government Regulation in Lieu of Law Number 1 of 2020 concerning State Financial Policy and Financial System Stability for the handling of the Covid-19 Pandemic. However, in practice, corruption still occurs in the field, and at the time of the judge's decision does not receive a punishment commensurate according to the deed and is not fully in line with the criminal law policy in Indonesia to eradicate corruption.
Legal Protection of Works Produced by Artificial Intelegence Al Idrus, Rizki; Akyuwen, Rory Jeff; Labetubun, Muchtar Anshary Hamid
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.v5i1.3071

Abstract

Introduction: The development of Artificial Intelligence-based technology in the digital era has implications for human life, one of which is law. One of the interesting legal issues to study related to artificial intelligence is copyright protection.Purposes of the Research: This study aims to determine whether creations resulting from artificial intelligence can be classified as intellectual property and to determine whether artificial intelligence can be equated with employees who work based on employment relationships (Works Made for Hire).Methods of the Research: The research method used by the author is normative. The legal materials used by the author are primary legal materials that are authoritative in the form of laws and regulations, secondary legal materials, namely legal materials that support primary legal materials, namely literature studies (journals and books), and Tertiary (mass media, legal dictionaries, journals, and the internet). The materials obtained were then analyzed using a qualitative descriptive method, namely by analyzing legal materials and then systematically arranged to obtain conclusions.Findings of the Research: The results of the study are 1) showing that the creations produced by AI do not meet the subjective concept of a creation, but meet the objective concept of a creation which therefore could possibly obtain copyright protection. 2) The Works Made For Hire doctrine can be used as a solution, the AI system will be considered an employee. The creation will be allocated directly to the user or programmer, because the AI system is a tool that helps the creator in producing a creation.
Legal Protection Against Insults on Social Media as a Form of Cyberbullying: Case Study of Decision Number: 21/Pid.Sus/2020/PN.Lbo Zahrah, Mutiara; Alhadi, Muhammad Nurcholis; Prasetyo, Bayu
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.v5i2.2907

Abstract

Introduction: The phenomenon of insults on social media as a form of Cyberbullying or bullying in cyberspace is an act of intimidation, humiliation, humiliation, or deliberate harassment through the internet, focusing on the case study of Decision Number: 21/Pid.Sus/2020/PN.lbo. The main issues raised are the legal protection of victims of cyberbullying and the effectiveness of law enforcement in Indonesia.Purposes of the Research: To identify the protection mechanisms available to victims and assess the extent to which the law can be enforced against the perpetrators of cyberbullying.Methods of the Research: The research method used is normative juridical, with a legislative approach and case studies. Data were collected through a review of the literature, including relevant Laws and the results of previous research.Findings of the Research: Showing that in the Cyberbullying case at the Lamboto District Court, the defendant was sentenced in accordance with the Electronic Information and Transaction Law for defamation on social media. This decision emphasizes justice, legal fairness, and protection for victims and provides a deterrent effect for perpetrators while showing that the Judge's commitment to providing justice in the judiciary in handling crimes in cyberspace.
Liability of Debtors for Default on Credit Agreements In Savings and Loan Cooperatives Noya, Jelien Bridelia; Tjoanda, Merry; Haliwela, Nancy Silvana; Lenggono, Roy Prabowo
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.v5i2.2968

Abstract

Introduction: Cooperatives are one of the people's choices to develop their business by lending business capital, in the implementation of credit in savings and loan cooperatives, there are often problems such as late payments (bad loans) to defaults that cause losses for the cooperative, where savings and loan cooperatives have provided benefits to the community according to the purpose of the cooperative.Purposes of the Research: To analyze and review the Debtor's Responsibility for the Default of Credit Agreement in the Savings and Loan Cooperative.Methods of the Research: The research method used is normative juridical with the approach used in this study is a conceptual approach, to answer existing problems, the author collects legal materials through literature studies and analysis with descriptive analysis methods.Findings of the Research: The results of this study show that the implementation of credit in savings and loan cooperatives that occur in the community has not gone well, because there are often verbal credit agreements that cause problems. If the debtor does not resolve the default can be attributed as a default, and the default can be accounted for in court. So that the credit agreement in the savings cooperative must be in writing so that it can be strong evidence and not be a problem, so that the government is obliged to carry out supervision on cooperatives, especially for collection officers who directly go down to the community.
The Urgency of Civil Liability Regulation on Distribution Brain Rot Content Sinaga, Roulinta Yesvery
TATOHI: Jurnal Ilmu Hukum Volume 5 Issue 3, May 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v5i3.3163

Abstract

Introduction: Brain rot content is a type of digital content that is absurd, addictive, and has minimal value educative is more rampant on social media platforms. Although no, in a way, directly violates the law, the distribution of Content can cause loss psychological and social, especially for groups like children and adolescents. Positive Indonesian law does not have norms that explicitly arrange or limit the distribution content kind of Content. Purposes of the Research: This research aims to study arrangements not quite enough to answer civil to distribute brain rot content, with the use of a legal approach lawMethods of the Research: This research is a type of normative legal research conducted to examine the urgency of regulating civil liability for the dissemination of brain rot content from a progressive legal perspective. In examining the issue, several approaches are used, namely the statutory approach and the philosophical approachFindings of the Research: With interpreting return draft action to oppose the law in Article 1365 of the Civil Code in a substantive way, the author proposes that digital platform providers and maker content can request not quite enough answer civil if proven negligent control distribution content that is systemic harms the community. Approach law progressive used for open room Updates more laws adaptive to development technology and dynamics social. So, the need for the formation of new norms in law digital civil capable reach forms non-material losses due to excess contemporary digital culture.
Position of Consignment in Land Acquisition Whose Whereabouts Are Unknown Djokdja, Dwiky Oryza; Laturette, Adonia Ivone; Radjawane, Pieter
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.v5i2.2957

Abstract

Introduction: Consignment as an act of depositing compensation is contained in Article 1 paragraph (9) of the Supreme Court Regulation Number 2 of 2021 and compensation in court is also explained in the Civil Code in Article 1404 of the Civil Code.Purposes of the Research: The purpose of this study is to examine the position of consignment in land acquisition where the whereabouts of the heirs are unknown. This study helps in seeing the procedures and position of consignment in land acquisition for heirs whose whereabouts are unknown.Methods of the Research: The research method used in this writing is normative research methods. Thus, this research collects data using library research, namely in the form of scientific materials such as legislation, books, official documents, publications and research results.Findings of the Research: Based on the applicable regulations, the position of the consignment where the position of the consignment that has been entrusted by the land acquisition committee to the district court against the owner and heirs who are unknown or the owner and heirs whose whereabouts are unknown is the full right of those who are unknown so that the consignment must be kept until the owner or heirs appear, so that if the owner and heirs do not appear for a long time it will not change the position of the consignment because it has become the full right of the owner and heirs.
Granting of Dependent Rights: A Legal Comparison Between Indonesia and Malaysia Saro, Inoto; Pasaribu, Simon Alex; Napitupulu, Diana Ria Winanti
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.v5i2.2989

Abstract

Introduction: The enforcement of security rights plays a crucial role in debt guarantee systems, balancing the interests of creditors and debtors. Although both countries share a civil law tradition, significant differences exist in their execution mechanisms, particularly regarding the role of the courts, auction procedures, and the protection of debtor rights. In Indonesia, execution procedures are governed by Law Number 4 of 1996 on Mortgage Rights, which allows creditors to initiate either a parate execution or litigation through court proceedings. In contrast, Malaysia mandates judicial foreclosure for all mortgage enforcements, as regulated under the National Land Code 1965 and the applicable procedural rules.Purposes of the Research: This study aims to analyze and compare the procedures for executing mortgage objects between Indonesia and Malaysia.Methods of the Research: This research adopts a normative juridical and descriptive-comparative approach by examining statutory regulations, court decisions, and relevant legal literature from both jurisdictions.Findings of the Research: The findings reveal that Indonesia’s system offers speed and flexibility but poses a higher risk of procedural abuse, while Malaysia’s judiciary-based approach provides greater debtor protection at the cost of increased time and legal expenses. The study also identifies practical challenges such as administrative delays, high execution costs, and legal uncertainties. Accordingly, this research recommends strengthening the oversight of execution practices in Indonesia and considering the introduction of a statutory limitation period, as implemented in Malaysia, to ensure a balanced approach between efficiency and justice in mortgage enforcement systems.

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