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Muchtar A H Labetubun
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INDONESIA
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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Cyber Crime Social Media Account Data Hacking in Indonesia Pribowo, Ari Sapta; Alhadi, Muhammad Nurcholis
TATOHI: Jurnal Ilmu Hukum Volume 5 Issue 6, August 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v5i6.2994

Abstract

Introduction: Legal regulations and sanctions against perpetrators of social media account data hacking. Data hacking is one of the criminal acts of cybercrime (cyber crime).Purposes of the Research: To find out and analyze the legal arrangements regarding hacking and criminal acts against social media account data hacking in Indonesia and the liability for criminal sanctions against perpetrators of social media account data hacking.Methods of the Research: Normative legal research, researchers use a statutory approach, and a case approach.Findings of the Research: The results of this study show that, what are the legal arrangements that discuss the formulation of the problem and what are the criminal sanctions against the perpetrators of hacking. The results of this study show that Article 30 of the Electronic Information and Transaction Law regulates the criminal acts of hacking and criminal sanctions received by the defendant from the results of the discussed decision, namely Article 30 Paragraph 2 Jo. Article 46 Paragraph 2 of Law Number 19 of 2016 concerning Information and Electronic Transactions.
Justice in the Distribution of Inheritance Rights for Indigenous Peoples Radjawane, Pieter; Badaruddin, Wahdaniah
TATOHI: Jurnal Ilmu Hukum Volume 5 Issue 7, September 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v5i7.3429

Abstract

Introduction: Based on the law, inheritance is given to people who are related by marriage and blood relations, in customary law communities specifically in the western part of Seram, inheritance is given to adopted or returned children, known as dunale, and the children who come home get two parts, namely the part from the biological parents and the part from the adoptive parents. This causes problems in families who feel unfair in obtaining inheritance rights for certain children.Purposes of the Research: To analyze how an adopted child acquires an inheritance in order to provide justice for other children.Methods of the Research: The method used in this research is the empirical research method. This research was carried out using an empirical juridical approach which is a descriptive qualitative analysis study. The research attempts to describe the solution to the problem of Justice in the Distribution of Inheritance Rights for Adopted Children in Indigenous Communities in West Seram in the Abio Community, West Seram Regency.Findings of the Research: A home child or dunale is a child who is taken home as a legitimate child of the parents, even though the parents already have children or not, they will take home their grandchildren to be their children, whether from daughters or sons, and these children will receive inheritance rights from the parents who adopted them. Meanwhile, the child's family of origin no longer gets inheritance rights to maintain injustice in obtaining inheritance rights for other heirs from their original parents.
Protection of Trade Secrets Through Non-Disclosure Agreements Against Worker Violations Putri, Putu Nadia Monica; Kurniawan, I Gede Agus
TATOHI: Jurnal Ilmu Hukum Volume 5 Issue 7, September 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v5i7.3299

Abstract

Introduction: This article analyzes legal protection of trade secrets through the implementation of Non-Disclosure Agreements (NDAs), particularly in cases of employee violations. The study is based on Case Number 14/Pdt.Sus-PHI/2020/PN Dps as a case study to assess the effectiveness of NDAs within the scope of Indonesian labor law.Purposes of the Research: The purpose of this research is to examine the role of NDAs as legal instruments in protecting corporate trade secrets from breaches of confidentiality by employees, and to evaluate the binding power of such agreements in industrial dispute resolutions.Methods of the Research: This study employs a normative juridical method, using both case and statutory approaches. Data were obtained through a literature review of relevant regulations, jurisprudence, and case documents, analyzed qualitatively.Findings of the Research: The findings indicate that NDAs are legally valid as supplementary employment agreements that can safeguard corporate interests. However, their effectiveness depends heavily on the clarity of contractual clauses, their alignment with employment relations, and the willingness of employers to assert their rights in court. This study contributes to the development of trade secret protection concepts in Indonesia, particularly within the labor law domain, and highlights the need for more specific and comprehensive regulation of NDAs.
Budget Abuse as a Form of Corruption Kawuryan, Angelica Ari Pramesti; Alhadi, Muhammad Nurcholis; Rahayuningsih, Uut
TATOHI: Jurnal Ilmu Hukum Volume 5 Issue 7, September 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v5i7.3298

Abstract

Introduction: This study examines the form of criminal liability of public officials involved in corruption crimes, particularly in the misuse of state budgets. The case analyzed is Decision Number 15/Pid.Sus-TPK/2020/PN.MNK involving Ahmad Afit Rumagesan, Chairman of the Fakfak District Parliament for the 2009–2014 period.Purposes of the Research: This study underscores the importance of strengthening oversight in public financial management to prevent future budget misuse.Methods of the Research: This research applies a normative juridical method with a case study approach.Findings of the Research: The findings indicate that the defendant was proven to have misused the treasurer's cash funds for personal purposes without a legitimate legal basis, resulting in a state loss of IDR 432,425,000. In passing the verdict, the judge considered the state's financial loss, the defendant's role, and the absence of good faith to return the funds.
Protection of Copyright for Derivative Works of Fanfiction Without Permission Harbelubun, Jenica Chechilia; Akyuwen, Rory Jeff; Labetubun, Muchtar Anshary Hamid
TATOHI: Jurnal Ilmu Hukum Volume 5 Issue 7, September 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v5i7.3250

Abstract

Introduction: Copyright holders have exclusive rights to determine the use of their work. Fanfiction is often considered a derivative work that requires permission from the original creator, but many are made without permission, thus violating copyright.Purposes of the Research: To find out and discuss the form of protection of the creator's moral rights against fanfiction works without permission and legal remedies for copyright infringement.Methods of the Research: Normative legal research methods with a statutory approach, case approach and conceptual approach, to answer the problems raised.Findings of the Research: Legal protection of the moral rights of creators against a derivative fanfiction work without permission can be done preventively or repressively, with the repressive approach being considered more effective. Legal efforts can be taken through litigation (civil and criminal lawsuits) and non-litigation (mediation, licensing agreements, or closing online content).
The Contribution of Savings and Loan Cooperatives to Financial Inclusion in Indonesia Zainudin, Ellyza; Setiawan, Fajar Ari; Napitupulu, Diana Ria Winanti
TATOHI: Jurnal Ilmu Hukum Volume 5 Issue 7, September 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v5i7.3013

Abstract

Introduction: Savings and Loan Cooperatives in Indonesia have a very important role in increasing financial inclusion, especially among low-income communities and groups that are not reached by conventional banking services.Purposes of the Research: Analyze the contribution of Savings and Loan Cooperatives to financial inclusion in Indonesia, identify the challenges faced, and provide recommendations to improve the role of cooperatives in expanding financial access for the community.Methods of the Research: This study uses a qualitative approach with descriptive analysis to describe the role and contribution of Savings and Loan Cooperatives to financial inclusion in Indonesia.Findings of the Research: This research shows that Savings and Loan Cooperatives have great potential in reducing inequality of access to finance, but also need improvements in terms of regulation, technology, and financial education to be more effective in achieving their goals. Savings and Loan Cooperatives in Indonesia have a very important role in increasing financial inclusion, especially among low-income communities and groups that are not reached by conventional banking services. This paper analyzes the contribution of Savings and Loan Cooperatives to financial inclusion in Indonesia, identifies the challenges faced, and provides recommendations to improve the role of cooperatives in expanding financial access for the community. This research shows that Savings and Loan Cooperatives have great potential in reducing inequality of access to finance, but also need improvements in terms of regulation, technology, and financial education to be more effective in achieving their goals.
The Existence of the Indonesian National Police Professional Code of Ethics to Create Law Enforcement Officers with Integrity Yusri, Yusri; Lewerissa, Yanti Amelia; Leasa, Elias Zadrak
TATOHI: Jurnal Ilmu Hukum Volume 5 Issue 8, October 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v5i8.3437

Abstract

Introduction: The dishonorable discharge (PTDH) of seven members of the Indonesian National Police (Polri) who violated the Indonesian National Police's professional code of ethics is a firm action taken by the institution, increasing the awareness of police officers regarding the importance of maintaining discipline and responsibility as law enforcement officers. Compliance with regulations is not only to avoid sanctions but also to build public trust in the police institution.Purposes of the Research: The purpose of this paper is to examine and analyze the factors causing the increase in code of ethics hearings for members of the Indonesian National Police (Polri) who commit crimes and to examine and analyze efforts to realize the Indonesian National Police (Polri) as a law enforcement agency with integrity.Methods of the Research: The research method used is empirical juridical, with primary and secondary data sources. Data collection techniques include observation, interviews, and literature review. Data analysis techniques are qualitative.Findings of the Research: The research results indicate that the factors contributing to the increase in code of ethics hearings for members of the Indonesian National Police (Polri) who commit crimes include: a lack of understanding of the Indonesian National Police Professional Code of Ethics; work pressure; corruption and abuse of power; an organizational culture that does not support ethics; a lack of oversight and accountability; environmental influences; a lack of training and education; and personal motivation. Efforts to realize the Indonesian National Police (Polri) as a law enforcement agency with integrity include: increasing faith and devotion to God Almighty; improving human resources (HR) who uphold the values of integrity in their attitudes and behavior; strengthening internal and external oversight; bureaucratic reform to increase transparency and accountability; and imposing strict sanctions on Polri members who violate the KEPP.
The Implicature of Indonesian Financial Transaction Reports and Analysis Center Authority to Freeze Bank Accounts on Citizens’ Constitutional Rights: A Democratic Rule of Law Perspective Rifa’i, Ahmad; Arzaqi, Nila
TATOHI: Jurnal Ilmu Hukum Volume 5 Issue 8, October 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v5i8.3354

Abstract

Introduction: This article examines the authority of Indonesia’s Financial Transaction Reports and Analysis Center (INTRAC) to freeze bank accounts as a preventive measure against money laundering and related crimes. While effective in securing illicit assets, this authority raises concerns regarding proportionality, constitutional rights, and democratic accountability, highlighting the need for balanced safeguards within Indonesia’s legal system.Purposes of the Research: The purpose of this research is to analyze the constitutional implications of INTRAC authority to freeze bank accounts, evaluate its conformity with the principles of a democratic rule of law, and propose recommendations for ensuring a balanced approach between effective financial crime prevention and the protection of citizens’ constitutional rights.Methods of the Research: This study uses a normative juridical approach supported by limited empirical insights.Findings of the Research: The findings of this study show that while INTRAC account-freezing authority is an effective preventive tool against financial crime, its lack of judicial oversight creates risks of disproportionate rights restrictions. Using implicature analysis, this research uncovers hidden consequences such as reputational harm and financial paralysis, offering an original perspective that bridges normative law with socio-political impacts in a democratic rule of law.
Immigration Supervision: The Existence of RW Police Policies as a Problem Solver for Immigration Violations in the Archipelago Work Area Harahap, Amsal Rinaldy Syafii; Syahri, Muhammad Alvi; Aji, Koesmoyo Ponco
TATOHI: Jurnal Ilmu Hukum Volume 5 Issue 8, October 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v5i8.3315

Abstract

Introduction: The increase in the number of immigration violations in Indonesia in the 2022–2024 period indicates ineffectiveness in the supervisory function carried out by the Immigration Office's Technical Implementation Unit (UPT), especially due to limited numbers and territorial coverage.Purposes of the Research: This study aims to examine the potential of the Community Police (RW Police) policy as an alternative solution to support more effective immigration supervision down to the most remote areas.Methods of the Research: This research approach focuses on descriptive qualitative methods with literature studies and policy analysis of the Immigration Law, government policies, and academic literature. The aim is to understand the immigration supervision mechanism and evaluate the existence of the RW Police in handling immigration violations at the Technical Implementation Unit (UPT) in the archipelago work area.Findings of the Research: The results of the study show that collaboration between Immigration and the Police through the active role of the RW Police can be a form of effective preventive supervision, especially in detecting the presence and activities of foreigners in remote areas. In addition, information technology support has been proven to be able to increase operational efficiency and strengthen data integration between institutions. The implementation of this policy is expected to be able to reduce the number of immigration violations and strengthen state sovereignty through community-based supervision.
Dissecting the Differences between Crown Witnesses and Justice Collaborators Munawar, Kukun Abdul Syakur; Vitalia, Filda
TATOHI: Jurnal Ilmu Hukum Volume 5 Issue 8, October 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v5i8.3304

Abstract

Introduction: This paper thoroughly examines the conceptual and legal distinctions between crown witnesses and justice collaborators within the Indonesian criminal law framework, as well as their ramifications for the concepts of fair trial and the human rights of defendants.Purposes of the Research: This paper aims to thoroughly analyze the legal status, normative foundation, and implications of using these two groups of witnesses within the framework of procedural justice for defendants.Methods of the Research: This research employs normative legal methodologies, utilizing an analytical approach to positive law, Supreme Court jurisprudence, and relevant human rights concepts.Findings of the Research: The research indicates that the crown witness, stemming from prosecution case-splitting, often violates the principle of non-self-incrimination and undermines the rights of the accused. Conversely, justice collaborators, governed by Supreme Court Circular Letter Number 4 of 2011, adhere to due process of law by voluntary collaboration and a precise legislative framework. The study's novelty is in its comparative analysis that distinctly differentiates these two often-confused processes by including doctrinal interpretation and human rights views. This study addresses a deficiency in previous research, which has seldom investigated their normative convergence, and advocates for a more cohesive, rights-based framework for managing offenders within Indonesia's criminal justice system.

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