cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Muchtar A H Labetubun
Contact Email
jurnaltatohi@gmail.com
Phone
+6285243175321
Journal Mail Official
jurnaltatohi@gmail.com
Editorial Address
Ir. M. Putuhena Campus Poka-Ambon
Location
Kota ambon,
Maluku
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
 44   45   46   47   48 
Corruption Crimes Committed by the Former Regent of Hulu Sungai Tengah Saqinah, Nabilla Salsa; Alhadi, Muhammad Nurcholis; Rahayuningsih, Uut
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.v5i8.3302

Abstract

Introduction: This study examines the case of the former Regent of Hulu Sungai Tengah, Abdul Latif, who has been proven guilty of corruption and money laundering in Decision Number 12/PID.SUS-TPK/2023/PT BJM.Purposes of the Research: The purpose of this study is to analyze whether the criminal elements contained in Decision Number 12/PID.SUS-TPK/2023/PT BJM have been proven in their entirety and what kind of punishment was imposed by the panel of judges.Methods of the Research: This study uses a normative juridical method with a case study approach and legislative analysis.Findings of the Research: This investigation found that all elements of the crime had been proven legally guilty based on evidence, witness testimony, and trial facts. However, the prison sentence and obligation to pay compensation imposed were still not proportional to the amount of state losses, which amounted to IDR.41,553,554,006.00.
Legal Liability of Bhukti Praja Sewakadarma Regional Housing for Vehicle Loss Ningrat, Ni Nyoman Tara; Kurniawan, I Gede Agus
TATOHI: Jurnal Ilmu Hukum Volume 5 Issue 9, November 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v5i9.3510

Abstract

Introduction: The issue of vehicle loss in paid parking areas has frequently led to disputes between consumers and parking operators in Indonesia. In practice, parking operators often attempt to avoid liability by including exemption clauses on parking tickets, thereby creating legal uncertainty for consumers. This situation becomes particularly significant when examined in relation to the role of the Regional Public Company (Perusahaan Umum Daerah / Perumda) Bhukti Praja Sewakadarma, which manages parking facilities in Denpasar City as part of its public service function. This study seeks to examine the legal framework governing the liability of parking operators for vehicle loss under Indonesian legislation and to analyze the scope and limits of Perumda Bhukti Praja Sewakadarma’s legal responsibility within the framework of positive law.Purposes of the Research: The purpose of this research is to analyze the legal standing of parking service users vis-à-vis parking operators and to determine the form of liability that may be imposed on Perumda Bhukti Praja Sewakadarma in the event of vehicle loss.Methods of the Research: The research employs normative legal methods with statutory, conceptual, and case approaches, supported by descriptive qualitative analysis.Findings of the Research: The findings indicate that parking operators, including Perumda Bhukti Praja Sewakadarma, bear strict liability in protecting consumers against losses arising from vehicle theft or disappearance. Jurisprudence, particularly the Central Jakarta District Court Decision Number: 551/Pdt.G/2000/PN Jkt.Pst, confirms that exemption clauses contained in parking tickets are legally invalid. The originality of this research lies in its emphasis on delineating the scope of liability of Perumda as a regional public company, demonstrating the integration of public service principles with consumer protection in the context of parking management.
Sentencing Disparities in Judicial Considerations of Electronic Sexual Violence Cases Nazrin, Mohamad; Prasetyo, Bayu; Elviandri, Elviandri
TATOHI: Jurnal Ilmu Hukum Volume 5 Issue 9, November 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v5i9.3410

Abstract

Introduction: Indonesia, as a state governed by the rule of law, upholds equality before the law and the protection of human rights as fundamental principles. However, the rapid development of digital technology has created new challenges, particularly the emergence of electronic sexual violence, which has raised significant public concern. Although Law Number: 12 of 2022 regulates such crimes, judicial practice reveals sentencing disparities that undermine legal certainty and victim protection.Purposes of the Research: This study aims to analyze the causes of judicial sentencing disparities in cases of electronic sexual violence and examine their implications for law enforcement in Indonesia.Methods of the Research: The research employs a normative juridical method with a library research approach. Data were collected from primary legal materials such as statutory regulations, secondary legal materials including literature, doctrines, and previous studies, as well as tertiary legal materials such as legal dictionaries and encyclopedias.Findings of the Research: The findings indicate the existence of disparities in three court decisions that applied similar provisions but resulted in significantly different sentences. Factors contributing to these disparities include differences in judicial interpretation, the application of individualized sentencing principles, and non-juridical considerations. Such disparities have serious implications, including diminished legal certainty, reduced deterrence for offenders, weakened victim protection, and declining public trust in the judiciary. Therefore, the establishment of consistent, transparent, and victim-oriented sentencing guidelines is essential to ensure substantive justice in Indonesia’s criminal justice system.
Misuse of Forest Products Transport Documents Ramadhan, Muhammad Alief Faizal; Asram, Asram; Rasyid, Wahyu
TATOHI: Jurnal Ilmu Hukum Volume 5 Issue 9, November 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v5i9.3400

Abstract

Introduction: This study examines the juridical review of the misuse of timber transport documents in Sidenreng Rappang Regency, with a case study of Decision Number 222/PID/B/LH/2023/PN Sdr.Purposes of the Research: The study aims to identify the forms of misuse of timber transport documents and analyze the judge's considerations in sentencing offenders involved in such misuse.Methods of the Research: The research employs a normative-empirical approach. The normative approach involves analyzing legal theories, principles, doctrines, and relevant regulations, such as Law No. 18 of 2013 on the Prevention and Eradication of Forest Destruction. The empirical approach is conducted through direct observation and interviews with judges at the Sidenreng Rappang District Court.Findings of the Research: The result reveal that the misuse of timber transport documents occurs when the documents used do not correspond to the actual physical condition of the transported timber, thereby violating applicable legal provisions. In Decision No. 222/PID/B/LH/2023/PN Sdr., the judge considered various factors, including aggravating and mitigating circumstances, before imposing a sentence of one year in prison and a fine of IDR 500,000,000. However, from the author's perspective, this decision requires further review, considering the possible involvement of other parties in this criminal act.
Implementation of Investigation into School Uniform Corruption Crime Firdaus, Sarah; Sukmareni, Sukmareni
TATOHI: Jurnal Ilmu Hukum Volume 5 Issue 9, November 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v5i9.3373

Abstract

Introduction: The perpetrators of corruption crimes are difficult to detect and organized by one person, the Payakumbuh District Attorney's Office, which handles the case, being one of the institutions assigned to handle this case. An ideal and balanced solution is needed to address this crime, which may be considered a national problem.Purposes of the Research: Examining the implementation, factors and obstacles that occur in the crime of corruption of elementary and junior high school uniforms within the Education Office (Disdik) of Fifty Cities Regency at the Payakumbuh District Attorney's Office.Methods of the Research: This research utilizes an empirical juridical research strategy, which is an approach to studying law with a focus on the direct application of legal rules that apply to various legal events that occur in society.Findings of the Research: The implementation of investigations into corruption cases at the Payakumbuh District Attorney's Office, prosecutors face several obstacles, to overcome these obstacles strategic efforts are needed, with these efforts, especially at the Payakumbuh District Attorney's Office, can take place faster, transparently, and in accordance with the principles of justice, as well as regrow public trust in law enforcement, with the aim of enforcing the law, restoring state finances, and providing a deterrent effect for perpetrators corruption.
Sexual Violence Against Girls Committed by Next of Kin Timisela, Victor Riko Febrianko; Sopacua, Margie Gladies
TATOHI: Jurnal Ilmu Hukum Volume 5 Issue 9, November 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v5i9.3107

Abstract

Introduction: Sexual violence against children has long-term impacts and reflects systemic failures in protection, especially when perpetrators are family members. Despite existing regulations, cases continue to rise, and victims often remain silent due to social pressure. This study is needed to understand the root causes and develop more effective prevention strategies.Purposes of the Research: This study aims to analyze the contributing factors of sexual violence committed by close family members against children and to examine the efforts made to address the issue.Methods of the Research: The method used is empirical juridical research with a descriptive qualitative approach.Findings of the Research: The research findings reveal that the main factors contributing to sexual violence within families include economic dependence, power dynamics, individual factors, family dysfunction, and socio-cultural influences. Common modus operandi used by perpetrators involve power relations, threats and intimidation, emotional manipulation, normalization of abuse, and creating opportunities for violence. In terms of curative approaches, relevant institutions provide psychological support and rehabilitation, legal aid and advocacy, medical care and recovery, temporary shelters, as well as social reintegration and family support.
Normative Contestation between Severance Pay and Employment Social Security in Indonesian Labour Law Kurnia, Ade Chandra; Sesung, Rusdianto; Pratama, Febrian Rizki
TATOHI: Jurnal Ilmu Hukum Volume 5 Issue 11, January 2026
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v5i11.3651

Abstract

Introduction: This article analyzes the normative contestation between severance pay and employment social security benefits within Indonesian labour law following recent legislative reforms. The blurring distinction between employer-based severance obligations and contributory social security schemes has generated legal uncertainty, inconsistent judicial decisions, and potential erosion of worker protection principles in termination of employment cases.Purposes of the Research: The purpose of this research is to examine whether employment social security benefits, particularly Old-Age Security Benefits and Pension Security Benefits, may be lawfully interpreted as substitutes for or deductions from severance pay. The study aims to clarify doctrinal boundaries and reaffirm the protective function of labour law grounded in justice and employer responsibility.Methods of the Research: This research employs normative legal research using statutory, conceptual, and case approaches. Primary legal materials include labour legislation, constitutional provisions, and industrial relations court decisions, supported by scholarly literature. Legal interpretation and systematic analysis are applied to identify normative inconsistencies and formulate prescriptive legal conclusions.Findings of the Research: The findings reveal a fundamental normative misreading that conflates severance pay with employment social security benefits. This research offers originality by demonstrating that such substitution reallocates termination risk to workers, undermines legal certainty, and weakens labour protection. It proposes reaffirming severance pay as an independent, mandatory labour right.
The Urgency of Regulating the In Dubio Pro Natura Principle within the National Environmental Law System Atabiya, M Haikal; Wulan, Evi Retno
TATOHI: Jurnal Ilmu Hukum Volume 5 Issue 11, January 2026
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v5i11.3649

Abstract

Introduction: This article examines the alleged corruption in tugboat service operations at Pangkalbalam Port between 2020 and 2022. The issue emerged from several vessels that were not charged tugboat service fees, raising suspicions of potential state losses. The case became a legal concern because service exemptions in state-owned port enterprises must comply strictly with national maritime regulations.Purposes of the Research: The purpose of this study is to conduct a juridical analysis of whether the absence of tugboat service charges constitutes a corruption offense under Indonesian anti-corruption law. This research further seeks to clarify the legal classification of vessels subject to mandatory tug services and evaluate the regulatory compliance of port operators in determining service obligations.Methods of the Research: This study applies a normative juridical method using statutory, case, and jurisprudential approaches. Data sources include case files, maritime transport laws, Ministerial Regulations on pilotage and towage services, internal tariff policies of PT Pelindo, and relevant court decisions. These legal materials are analyzed systematically to determine whether all elements of corruption and state financial loss are fulfilled based on applicable legislation.Findings of the Research: The findings prove that the vessels exempted from tugboat service charges were legally categorized as non-mandatory tug vessels under Law Number 17/2008, Ministerial Regulation PM 57/2015, and PT Pelindo’s tariff policies. No elements of abuse of authority, illicit enrichment, or state financial loss were found; therefore, the case could not proceed to prosecution. This research offers novelty by clarifying vessel-classification mechanisms and recommending improved regulatory understanding for port operators.
Legal Analysis of Alleged Corruption in Vessel Services within State-Owned Port Service Enterprises Risnandi, Faisal; Hamamah, Fatin; Walim, Walim
TATOHI: Jurnal Ilmu Hukum Volume 5 Issue 11, January 2026
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v5i11.3607

Abstract

Introduction: This article examines the alleged corruption in tugboat service operations at Pangkalbalam Port between 2020 and 2022. The issue emerged from several vessels that were not charged tugboat service fees, raising suspicions of potential state losses. The case became a legal concern because service exemptions in state-owned port enterprises must comply strictly with national maritime regulations.Purposes of the Research: The purpose of this study is to conduct a juridical analysis of whether the absence of tugboat service charges constitutes a corruption offense under Indonesian anti-corruption law. This research further seeks to clarify the legal classification of vessels subject to mandatory tug services and evaluate the regulatory compliance of port operators in determining service obligations.Methods of the Research: This study applies a normative juridical method using statutory, case, and jurisprudential approaches. Data sources include case files, maritime transport laws, Ministerial Regulations on pilotage and towage services, internal tariff policies of PT Pelindo, and relevant court decisions. These legal materials are analyzed systematically to determine whether all elements of corruption and state financial loss are fulfilled based on applicable legislation.Findings of the Research: The findings prove that the vessels exempted from tugboat service charges were legally categorized as non-mandatory tug vessels under Law Number 17/2008, Ministerial Regulation PM 57/2015, and PT Pelindo’s tariff policies. No elements of abuse of authority, illicit enrichment, or state financial loss were found; therefore, the case could not proceed to prosecution. This research offers novelty by clarifying vessel-classification mechanisms and recommending improved regulatory understanding for port operators.
Distribution of Royalties for Songs Created by Husband After Divorce Latusawaule, Jilly Sekale; Latupono, Barzah; Labetubun, Muchtar Anshary Hamid
TATOHI: Jurnal Ilmu Hukum Volume 5 Issue 11, January 2026
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v5i11.3245

Abstract

Introduction: This study analyzes the distribution of royalties on songs created by husbands after divorce as a form of joint property in marriage. This issue is significant in Indonesia, considering that royalties are included as Intellectual Property Rights that can provide economic value for divorced couples, but are not yet fully protected and often trigger legal disputes.Purposes of the Research: This study aims to explain the mechanism for the distribution of royalties from songs created by a husband after divorce as joint property and the legal consequences for wives who do not receive these royalties.Methods of the Research: This study uses a normative legal research method with a statutory and conceptual approach. The analysis was conducted based on Law Number 1 of 1974 in conjunction with Law Number 16 of 2019 concerning Marriage, Law Number 28 of 2014 concerning Copyright, and Government Regulation Number 56 of 2021 concerning the management of royalties for song and/or music creations.Findings of the Research: The results of this study reveal that royalties for songs created by the husband obtained during the marriage are included in joint assets that must be divided fairly in accordance with Article 35 and Article 37 of the Marriage Law. A wife who does not receive her share can file a lawsuit to obtain legal protection for the royalties. This division can also be carried out through deliberation, mediation, or court decisions to ensure justice for both parties.

Page 47 of 48 | Total Record : 476

 44   45   46   47   48 

Filter by Year

2021 2026


Reset
Filter By Issues
All Issue Volume 5 Issue 12, February 2026 Volume 5 Issue 11, January 2026 Volume 4 Issue 12, February 2025 Volume 4 Issue 11, January 2025 Volume 5 Issue 9, November 2025 Volume 5 Issue 8, October 2025 Volume 5 Issue 7, September 2025 Volume 5 Issue 6, August 2025 Volume 5 Issue 5, July 2025 Volume 5 Issue 4, June 2025 Volume 5 Issue 3, May 2025 Volume 5 Issue 2, April 2025 Volume 5 Issue 1, March 2025 Vol 4, No 10 (2024): Volume 4 Nomor 10, Desember 2024 Vol 3, No 12 (2024): Volume 3 Nomor 12, Februari 2024 Vol 3, No 11 (2024): Volume 3 Nomor 11, Januari 2024 Vol 4, No 9 (2024): Volume 4 Nomor 9, November 2024 Vol 4, No 8 (2024): Volume 4 Nomor 8, Oktober 2024 Vol 4, No 7 (2024): Volume 4 Nomor 7, September 2024 Vol 4, No 6 (2024): Volume 4 Nomor 6, Agustus 2024 Vol 4, No 5 (2024): Volume 4 Nomor 5, Juli 2024 Vol 4, No 4 (2024): Volume 4 Nomor 4, Juni 2024 Vol 4, No 3 (2024): Volume 4 Nomor 3, Mei 2024 Vol 4, No 2 (2024): Volume 4 Nomor 2, April 2024 Vol 4, No 1 (2024): Volume 4 Nomor 1, Maret 2024 Vol 3, No 10 (2023): Volume 3 Nomor 10, Desember 2023 Vol 2, No 12 (2023): Volume 2 Nomor 12, Februari 2023 Vol 2, No 11 (2023): Volume 2 Nomor 11, Januari 2023 Vol 3, No 9 (2023): Volume 3 Nomor 9, November 2023 Vol 3, No 8 (2023): Volume 3 Nomor 8, Oktober 2023 Vol 3, No 7 (2023): Volume 3 Nomor 7, September 2023 Vol 3, No 6 (2023): Volume 3 Nomor 6, Agustus 2023 Vol 3, No 5 (2023): Volume 3 Nomor 5, Juli 2023 Vol 3, No 4 (2023): Volume 3 Nomor 4, Juni 2023 Vol 3, No 3 (2023): Volume 3 Nomor 3, Mei 2023 Vol 3, No 2 (2023): Volume 3 Nomor 2, April 2023 Vol 3, No 1 (2023): Volume 3 Nomor 1, Maret 2023 Vol 2, No 10 (2022): Volume 2 Nomor 10, Desember 2022 Vol 1, No 12 (2022): Volume 1 Nomor 12, Februari 2022 Vol 1, No 11 (2022): Volume 1 Nomor 11, Januari 2022 Vol 2, No 9 (2022): Volume 2 Nomor 9, November 2022 Vol 2, No 8 (2022): Volume 2 Nomor 8, Oktober 2022 Vol 2, No 7 (2022): Volume 2 Nomor 7, September 2022 Vol 2, No 6 (2022): Volume 2 Nomor 6, Agustus 2022 Vol 2, No 5 (2022): Volume 2 Nomor 5, Juli 2022 Vol 2, No 4 (2022): Volume 2 Nomor 4, Juni 2022 Vol 2, No 3 (2022): Volume 2 Nomor 3, Mei 2022 Vol 2, No 2 (2022): Volume 2 Nomor 2, April 2022 Vol 2, No 1 (2022): Volume 2 Nomor 1, Maret 2022 Vol 1, No 10 (2021): Volume 1 Nomor 10, Desember 2021 Vol 1, No 9 (2021): Volume 1 Nomor 9, November 2021 Vol 1, No 8 (2021): Volume 1 Nomor 8, Oktober 2021 Vol 1, No 7 (2021): Volume 1 Nomor 7, September 2021 Vol 1, No 6 (2021): Volume 1 Nomor 6, Agustus 2021 Vol 1, No 5 (2021): Volume 1 Nomor 5, Juli 2021 Vol 1, No 4 (2021): Volume 1 Nomor 4, Juni 2021 Vol 1, No 3 (2021): Volume 1 Nomor 3, Mei 2021 Vol 1, No 2 (2021): Volume 1 Nomor 2, April 2021 Vol 1, No 1 (2021): Volume 1 Nomor 1, Maret 2021 More Issue