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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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The Distribution of Inheritance in the Customary Law Community Before the Death of the Muwaris Reviewed from Islamic Law Nawardi, Hamdan; Latupono, Barzah; Angga, La Ode
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.v5i2.3081

Abstract

Introduction: The process of inheritance is to act as an alternative to the attitude of property ownership between the deceased and the person who leaves it, while according to the term it is something without which there will be no law, for example thaharah (purification) is a valid condition for prayer, if it is not cleaned before prayer, the prayer is undoubtedly invalid, however, doing thaharah, does not mean when you want to pray.Purposes of the Research: To find out and explain the factors behind the inheritance distribution system before the deceased in Gunung Village, South Buton Regency and to know and explain the views of Islamic law regarding inheritance distributed before the deceased died.Methods of the Research: The research method used in this writing is normative legal research. As for answering the problems in this study, the author uses three problem approaches, namely the statute approach, the case approach, and the conceptual approach. The procedure for collecting legal materials carried out by the author is to search and collect laws and regulations related to the legal issues faced. Laws and regulations in this case include both legislation and regulations. The analysis of legal materials uses a qualitative method, which is a study related to legal norms contained in international laws and regulations and legal norms in society.Findings of the Research: The results of this study show that the Distribution of Inheritance According to Islamic Law, which refers to Article 171 of the Compilation of Islamic Law, there are several provisions that have been stipulated in regulating inheritance. The view of Islamic law regarding inheritance distributed before the heir dies is that in Islamic law there is no division of inheritance before the heir dies, if this happens then in Islamic law it is called Hibah.
Legal Protection for Land Buyers in Sale and Purchase Agreement Under Hand Lewaherilla, Imanuel David Jackson; Akyuwen, Rory Jeff; Radjawane, Piter
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.v5i3.2971

Abstract

Introduction: Land rights acquisition can be obtained in various ways such as buying and selling, exchanging, granting or bequests, but the acquisition of land rights that often occurs in society is through buying and selling.Purposes of the Research: The purpose of this study is to examine the legal force of the transfer of land rights through underhand sales and legal protection for the purchaser of land rights through underhand sales.Methods of the Research: The research method used in this writing is normative legal research by using analytical descriptive research on legal regulations and expert opinions through primary, secondary and tertiary legal materials through the process of collecting legal materials and analyzing them to obtain conclusions and suggestions.Findings of the Research: In the process of buying and selling land, it is very important to pay attention to the legal force in the buying and selling process, where if the buying and selling process is only carried out underhand, it can have an impact on the legal force of the buying and selling that is carried out because underhand buying and selling often does not have an authentic deed so that it is vulnerable to proof if a dispute occurs in the future and if there has been a sale and purchase underhand, the buyer must pay attention to several aspects in order to get legal protection in the buying and selling process, including the buying and selling process must be carried out at the village/district office in order to get supervision from the authorities and several witnesses must be present in the buying and selling process and this buying and selling process must be recorded.
Prevention of General Criminal Offenses In The General Criminal Investigation Directorate of The Maluku Regional Police Force Pasorong, Wiranata; Titahelu, Juanrico Alfaromona Sumarezs; Latupeirissa, Julianus Edwin
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.v5i3.2970

Abstract

Introduction: Security and order is a situation characterized by guaranteed security and public order, order and law enforcement, and the implementation of protection, protection and services to the community.  One of the police divisions in having an important task to emphasize general crimes or crimes of a general nature contained in Maluku carried out by the Directorate of General Criminal Investigation by carrying out prevention efforts.Purposes of the Research: This study aims to examine and discuss the Prevention of General Crimes at the General Criminal Investigation Directorate of the Maluku Regional Police.Methods of the Research: The research method used is normative research, statutory approach, primary and secondary legal materials and material collection procedures using literature studies. the approaches used are: statute approach, conceptual approach, and casus approach. The technique of searching for legal materials uses document study techniques, and analyzes the study using qualitative analysis.Findings of the Research: The results showed that. Prevention of General Crimes Carried out by the General Criminal Directorate of Maluku Police is to increase parents' awareness to play a greater role in fostering their children, provide information and remind the public of the criminal threats that can be imposed on everyone who commits acts that can be categorized as despicable acts, provide. intensify religious and moral education to all levels of society outside of school and provide education and transparency in law enforcement; and try to improve the ability and authority of law enforcement officials in handling criminal acts through training activities and other activities that are really felt directly by the community.
Consumer Legal Protection Against 'Oto' Public Transport Practices in Ambon City: A Case Study of Premature Passenger Drop-off Before Destination Tantaru, Fernando
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.v5i3.3097

Abstract

Introduction: This article analyzes the legal issues surrounding the practice of prematurely dropping off passengers in the “oto” public transportation service in Ambon City. The issue has raised public concern due to its impact on passenger rights and comfort, as well as the obligation of drivers to provide agreed-upon services.Purposes of the Research: The purpose of this study is to examine the legal protection afforded to passengers under Indonesian law, particularly in relation to unfair transportation practices and violations of consumer rights by “oto” drivers.Methods of the Research: This research uses a normative legal method, employing statutory and conceptual approaches. It focuses on analyzing relevant laws such as Law Number 22 of 2009 on Traffic and Road Transport and Law Number 8 of 1999 on Consumer Protection to determine the obligations of public transport providers.Findings of the Research: The findings show that prematurely dropping off passengers without justification constitutes a breach of both transportation and consumer protection laws. This study contributes to the discourse by highlighting the need for improved legal enforcement and increasing public awareness regarding consumer rights in the public transportation sector, particularly in underserved urban areas like Ambon.
Juridical Analysis of Stock Market Response to Government Economic Policy: The Case of Declining IHSG in Indonesia Salmon, Harly Cliford Jonas
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.v5i3.2987

Abstract

Introduction: Acroeconomic changes in Indonesia have a significant impact on the industrial sector and capital markets. High inflation, the depreciation of the rupiah, and rising interest rates can reduce purchasing power and corporate profitability, ultimately leading to a decline in the Composite Stock Price Index (IHSG). This economic instability may prompt investors to withdraw their capital from the stock market, further worsening the IHSG condition.Purposes of the Research: This study aims to analyse how government economic policies influence IHSG movements by examining market responses to the fiscal and monetary policies implemented by the Indonesian government.Methods of the Research: This research adopts a normative juridical approach by analysing laws and legal norms related to economic policies. The study examines regulations affecting stock market stability and their impact on investment decisions.Findings of the Research: The findings indicate that unclear fiscal and monetary policies negatively affect IHSG. The 5% decline in IHSG on March 18, 2025, reflects economic and political uncertainty, causing investors to be more cautious. Policies such as budget cuts for ministries and the free nutritious meal program have triggered negative market reactions. Additionally, inconsistent tax policies have further increased economic uncertainty. This study concludes that transparency and policy consistency are crucial in maintaining IHSG stability and enhancing investor confidence in Indonesia’s capital market.
Legal Protection of the Moral Rights of National Film Creators Uploaded Without Permission on TikTok Social Media Talaperuw, Vivi; Narwadan, Theresia Nolda Agnes; Labetubun, Muchtar Anshary Hamid
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.v5i3.3156

Abstract

Introduction: The development of technology in this era has certainly made many platforms created, one of which is TikTok. Film is one of the copyrighted works that is included in the category of cinematographic works protected by Law Number 28 of 2014 concerning Copyright. On this platform, users can upload a variety of content from the results of user creativity.Purposes of the Research: Analyzing the legal protection of the moral rights of national film creators uploaded without permission on TikTok social media.Methods of the Research: The research method used is normative research, statutory approach, primary and secondary legal materials and material collection procedures using literature studies. the approaches used are: statute approach, conceptual approach, and casus approach. The technique of searching for legal materials uses document study techniques, and analyzes the study using qualitative analysis.Findings of the Research: Research shows that protection related to the moral rights of national film creators uploaded on the TikTok application without the creator's permission is by providing sanctions to violators as contained in Law Number 28 of 2014 concerning Copyright and related to the settlement of moral rights disputes for national film creators uploaded without permission can be done in two ways, namely litigation and non-litigation.  For the litigation route, the dispute can be resolved in court, while for non-litigation, the settlement can be through alternative dispute resolution which includes mediation, conciliation and negotiation and the most effective settlement in this problem is through the litigation route so that it can have a deterrent effect.
Legal Implications of Financial Services Authority Regulation Number 30 of 2024 on the Financial Conglomerate System in Indonesia Prasada, Erisa Ardika; Putri, Rizha Claudilla; Nurfitrah, Mesya Assauma
TATOHI: Jurnal Ilmu Hukum Volume 5 Issue 4, June 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v5i4.3043

Abstract

Introduction: Financial conglomeration in Indonesia is a strategy of combining companies from different sectors to diversify income and reduce risk.Purposes of the Research: This research aims to analyze the Financial Services Authority Regulation Number: 30/2024, which aims to harmonize the provisions of financial conglomeration with Law Number: 4/2023 on Financial Sector Development and Strengthening.Methods of the Research: The method used is normative research, focusing on analyzing legal norms and related policies.Findings of the Research: The results show that Financial Services Authority Regulations Number 30/2024 introduces a Financial Conglomerate Holding Company that is responsible for the control and consolidation of conglomerate members. The implementation of integrated supervision is expected to enhance financial system stability and support inclusive and sustainable economic growth. This research provides insight into the challenges and opportunities in regulating financial conglomerates in Indonesia.
Comparison of Venture Capital Regulations in Indonesia and ASEAN Countries Pasaribu, Simon Alex; Taufiq, Taufiq; Napitupulu, Diana Ria Winanti
TATOHI: Jurnal Ilmu Hukum Volume 5 Issue 4, June 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v5i4.2992

Abstract

Introduction: By observing best practices from other ASEAN countries, Indonesia has a significant opportunity to reform its venture capital ecosystem to become more responsive, inclusive, and capable of supporting sustainable digital economic growth.Purposes of the Research: The purpose of this research is to identify the form and content of venture capital regulations currently enforced in Indonesia in comparison with other ASEAN countries, to analyze the similarities and differences in policies and regulatory approaches related to venture capital between Indonesia and ASEAN nations, and to determine the factors influencing the regulatory differences.Methods of the Research: A qualitative method was chosen because this approach enables the researcher to explore the policy context, legal structures, and socio-economic dynamics underlying venture capital regulations in each country.Findings of the Research: A more flexible, inclusive, and cross-sector collaborative regulatory approach will enhance Indonesia’s competitiveness in attracting investment and encouraging sustainable startup growth.
Legal Protection for Child Defendants in Sexual Violence Cases Hisyam, Akmal; Hasmiati, Rahmatullah Ayu; Pratama, Rio Arif
TATOHI: Jurnal Ilmu Hukum Volume 5 Issue 4, June 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v5i4.2986

Abstract

Introduction: This research discusses legal protection aimed at child defendants, especially in cases of sexual violence committed against minors. This is based on a case study in Decision Number 13/Pid.Sus-Anak/2023/PNBPP and Decision Number 3/Pid.Sus-Anak/2023/PNBPP.Purposes of the Research: This research focuses on the stages or steps in the application of the law that protects the rights of child defendants with reference to Law Number 11 of 2012 concerning the Child Criminal Justice System.Methods of the Research: This research was conducted with a normative method in the form of a case study to evaluate the steps in the judiciary by starting with the arrest, investigation, prosecution, and conclusion with the welfare of children affected by the crime of sexual violence.Findings of the Research: The results of the study found that, although the criminal threat against perpetrators of sexual violence is quite severe, the implementation of punishment for children of sexual violence still prioritizes the principle of restorative justice, taking into account the psychological and social aspects of children. In both of the decisions analyzed, the child defendant received a prison sentence of different durations, and was required to undergo job training as part of the rehabilitation process. Legal protection for child defendants remains indispensable and plays an important role in guaranteeing the rights of every child as well as providing a deterrent effect in cases of sexual violence.
Application of Diversion to Children in Narcotics Crimes Agustinaa, Riska; Alhadi, Muhammad Nurcholis; Muslim, Ikhwanul
TATOHI: Jurnal Ilmu Hukum Volume 5 Issue 4, June 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v5i4.2985

Abstract

Introduction: The criminal justice system that has been in place so far, punishment for children involved is not criminal and does not create justice, both for the perpetrator (child) and also the victim.Purposes of the Research: Explain the implementation of diversion as a method of resolving cases of diversion applications for children involved in legal cases related to drugs.Methods of the Research: This study applied an empirical legal approach, and the location of the study was at the Samarinda City Resort Police. The primary and secondary data used came from interviews, surveys, and document studies. Qualitative analysis was carried out on this data.Findings of the Research: The results of the study show that the purpose of the implementation of the diversion system at the investigation stage is to realize restorative justice. This study shows that the role of the police in settling sentences using diversion in child crimes in the Samarinda City Resort Police area is very important. As part of the criminal justice system, the police try to protect the welfare and interests of children when handling cases related to the law.

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