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 
Criminal Act of Child Neglect in the Household Marlissa, Indah Glodia; Adam, Sherly; Sopacua, Margie Gladies
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.v5i11.3110

Abstract

Introduction: Children are one of the groups who often become victims of discrimination, violence and exploitation. As a legal state based on Pancasila as the ideology and foundation of a state that upholds the values of social justice, Pancasila has the aim of achieving balance, or harmony and being able to embrace society.Purposes of the Research: The purpose of this paper is to analyze and discuss the regulation of the crime of child neglect in the household scope in laws and regulations and to analyze and discuss the form of the crime of child neglect in the household scope.Methods of the Research: The type of research used is normative legal research. The problem approach used is the legislative approach and the conceptual approach. The sources of legal materials are primary legal materials and secondary legal materials. The procedure for collecting legal materials through literature studies. Qualitative processing and analysis of legal materials.Findings of the Research: The results of the study show that the regulation of the crime of child neglect in laws and regulations is regulated in the Criminal Code (old), the Child Protection Law, the Domestic Violence Law and Law Number 1 of 2023 concerning the Criminal Code (New). Child neglect is more explicitly regulated in the Child Protection Law. This is based on Article 9 paragraph (1) of the Domestic Violence Law where the provisions indicate that the regulation of the crime of neglect is not limited to children, but rather to a wider scope. Therefore, when the Domestic Violence Law is compared with the Child Protection Law, it is clear that the Child Protection Law specifically regulates child neglect. The results of further research show that child neglect is a form of domestic violence and is included in the category of criminal acts or acts prohibited by criminal law and perpetrators of domestic neglect can be subject to sanctions. The forms of child neglect in the household are physical neglect, educational neglect, emotional neglect and medical neglect.
Causation in Medical Malpractice: Evaluating Conditio Sine Qua Non, Adequate Causation, and Objective Imputation in Indonesian Court Decisions Muabuay, James Wilson; Panggabean, Mompang Lycurgus; Siregar, Rospita Adelina
TATOHI: Jurnal Ilmu Hukum Volume 5 Issue 12, February 2026
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v5i12.3730

Abstract

Introduction: This study examines the application of causation theories in medical malpractice cases, focusing on the complex intersection between medical uncertainty and legal certainty. Within the inherently multi-causal nature of clinical practice, establishing a definitive causal link between a physician's omission and a patient's death remains a significant judicial challenge in Indonesia.Purposes of the Research: This research aims to evaluate the consistency of judicial reasoning in applying causation theories through an in-depth analysis of the District Court of Denpasar Decision No. 126/Pid.Sus/2011/PN.Dps. Furthermore, it seeks to identify whether the court's approach aligns with modern normative attribution standards in criminal law.Methods of the Research: Employing a normative legal research method with statute, case, and conceptual approaches, the study compares conditio sine qua non, adequate causation, and objective imputation.Findings of the Research: Findings reveal a “methodological shift” in judicial reasoning, moving from rigid factual analysis towards elements of adequate causation and objective imputation. However, a critical flaw identified is the court's failure to distinguish between “inherent medical risks” and “negligent risks”. The novelty lies in exposing the inconsistent application of these theories, leading to legal unpredictability. The study concludes that Indonesian courts require a more robust normative framework, particularly the integration of objective imputation, to ensure criminal liability in medical malpractice is assessed based on professional standards, not just fatal outcomes.
Cyber Sovereignty and Artificial Intelligence Regulation in Indonesia as A Strategy for Strengthening Legal Frameworks and Public Protection Abdi, Shafa Sakinah; Pratiwi, Pingki
TATOHI: Jurnal Ilmu Hukum Volume 5 Issue 12, February 2026
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v5i12.3701

Abstract

Introduction: The rapid development of artificial intelligence (AI) in Indonesia has brought significant transformations in the economic, communication, and public service sectors, while also giving rise to the potential for cybercrimes, such as digital fraud, identity manipulation, and the spread of false content. This phenomenon underscores the urgency of establishing a comprehensive legal framework to close regulatory loopholes that have the potential to threaten legal certainty, accountability, and human rights protection.Purposes of the Research: This study aims to analyze the urgency and regulatory strategy of AI in Indonesia through an integrated approach that includes regulatory structure, legal substance, and legal system based on the principle of cyber sovereignty.Methods of the Research: The research uses a normative juridical method by examining primary legal materials, such as national laws and regulations and relevant international legal instruments, as well as secondary legal materials in the form of literature, journals, and opinions of legal experts.Findings of the Research: Through an integrated approach that includes regulatory structures, legal substances, and legal systems based on the principle of cyber sovereignty, it is found that Indonesia needs adaptive, comprehensive, and sustainable AI regulations to ensure human rights protection, digital security, and responsible use of technology.
Legal Analysis of Inmate Development to Optimize the Correctional System in Cirebon Prison Kowasmar Putra, Suyadi; Hamamah, Fatin; Walim, Walim
TATOHI: Jurnal Ilmu Hukum Volume 5 Issue 12, February 2026
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v5i12.3608

Abstract

Introduction: This article examines the legal and practical framework of inmate development within Indonesia’s correctional system following the enactment of Law Number 22 of 2022 on Corrections. It highlights ongoing challenges in ensuring that correctional institutions effectively fulfill their rehabilitative mandate, with Cirebon Class IIA Correctional Facility serving as the primary locus of analysis.Purposes of the Research: The purpose of this study is to analyze the legal regulation of inmate development under Law Number 22 of 2022, evaluate its implementation in Cirebon Class IIA Correctional Facility, and identify inhibiting factors as well as the institutional efforts undertaken to optimize inmate development in accordance with national correctional standards.Methods of the Research: This research employs a descriptive qualitative design combining normative and empirical juridical approaches. Secondary legal materials from primary and secondary sources underpin the analysis. Data interpretation uses a deductive reasoning model through syllogistic analysis to assess the alignment of legal norms with on-ground practices in the implementation of inmate development programs.Findings of the Research: This study confirms that the Cirebon Class IIA Correctional Institution has made great efforts to fulfill the rights of inmates in accordance with the mandate of the Law on Corrections, which is manifested in the implementation of spiritual, social, health, and vocational development programs. These institutional efforts include the provision of routine religious guidance, psychological and social counseling, health seminars, and vocational skills training such as carpentry, agriculture, and handicrafts. However, the optimal implementation of these programs is severely hampered by significant structural challenges, namely severe overcapacity of inmates, limited number of correctional personnel and professional experts (psychologists, social workers, vocational instructors), and inadequate facilities and infrastructure to accommodate and support development activities effectively. The study highlights the gap between the ideal legal framework (das sollen) and the operational reality on the ground (das sein), while also demonstrating collaborative initiatives with external parties and proposals to increase resource allocation as mitigation measures.
Legal Review of Drone Use as Weapons and Surveillance Tools in Armed Conflict: An International Humanitarian Law Perspective Lourens, Priska Marsya; Peilouw, Johanis Stenly Franko; Waas, Armelia Febrianty
TATOHI: Jurnal Ilmu Hukum Volume 5 Issue 12, February 2026
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v5i12.3243

Abstract

Introduction: This article examines the use of unmanned aerial vehicles (drones) as weapons and surveillance tools in armed conflict. The core issue lies in the potential inconsistency between current drone practices and fundamental principles of international humanitarian law, specifically distinction and proportionality.Purposes of the Research: This research aims to analyze the legality of drone deployment in armed conflict under international humanitarian law. Methods of the Research: This research uses a normative legal method with a literature study approach, focusing on the analysis of relevant laws and international legal documents.Findings of the Research: Findings indicate that drone use can violate the principles of distinction and proportionality, often leading to disproportionate civilian casualties due to difficulties in distinguishing between military and civilian targets. Furthermore, the absence of specific international regulations on drone warfare creates a legal vacuum, increasing the risk of violations and abuse. Therefore, the study concludes that specialized regulations are urgently needed to align technological advancements with humanitarian law principles.
Legal Implications of Joint Property Control by the Second Wife in Inheritance Disputes Islamic Law Perspective Akbar, Muhamad Haidir; Angga, La Ode; Latupono, Barzah
TATOHI: Jurnal Ilmu Hukum Volume 5 Issue 12, February 2026
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v5i12.3227

Abstract

Introduction: Inheritance disputes in polygamous families often lead to conflict, especially when the second wife controls all the inheritance without a fair division to the first wife and her children.Purposes of the Research: The purpose of this study is to find out the procedure for distributing inheritance to the first and second wives in accordance with Islamic principles, as well as to find out the legal consequences for the joint property of the first wife that is controlled by the second wife.Methods of the Research: This research uses a normative juridical method with a legislative and conceptual approach, and is analyzed qualitatively. The data sources come from literature studies, legal literature, laws and regulations, and the Compilation of Islamic Law.Findings of the Research: The procedure for distributing inheritance to the heirs of the deceased husband begins with identifying the inheritance, including inheritance and joint property, then deducting debts, funeral expenses, and wills, before being distributed to the heirs according to fariath. As a result of the law of the joint property of the first wife which is controlled by the second wife, without a valid legal basis, it is contrary to the principle of justice in Islam and can be considered as an act of ghasab (deprivation of rights). Wives in polygamous marriages are only entitled to joint property acquired during their respective marriages. Therefore, the second wife is not entitled to control the property that is the result of the husband's marriage to the first wife. Such possession can give rise to the obligation to restore rights, trigger inheritance conflicts, and lawsuits from other heirs.

Page 48 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