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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 486 Documents
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Removal of Boundary Markers on Sebatik Island: Legal Implications for Regional Sovereignty and Protection of Border Communities Titaley, Gracio Sulistyo; Wattimena, Josina Augustina Yvonne; Leatemia, Wilshen
TATOHI: Jurnal Ilmu Hukum Volume 6 Issue 1, March 2026
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v6i1.3231

Abstract

Introduction: Borders represent a manifestation of state sovereignty. The relocation of boundary markers between Indonesia and Malaysia on Sebatik Island without formal agreement violates international law. Such actions may alter legally recognized territorial boundaries and thus constitute a breach of sovereignty, potentially leading to serious legal implications.Purposes of the Research: The purpose of this study is to analyze the legal consequences of relocating boundary markers between nations, particularly between Indonesia and Malaysia on Sebatik Island. It also examines the implications for territorial sovereignty, bilateral relations, and the provisions of international law governing officially recognized and binding state borders.Methods of the Research: This research is a normative legal research “legal research" is a study of documents (using legal material sources such as laws and regulations, court decisions, legal theories and or opinions of scholars). In simple terms, this type of research is also called doctrinal legal research, literature or document studies.Findings of the Research: The study found that unilateral stake removals not only violate international law, but also threaten the economic and social rights of border communities, as well as weaken Indonesia's bargaining position in bilateral negotiations. In addition, weak surveillance in the border area also allows for unilateral transfers by interested parties.
Restorative Justice as an Alternative to Law Enforcement Against the Child of Motorcycle Theft Perpetrators Anggi, Jessyca Octavia; Berutu, Sigar P; Ardini, Aida
TATOHI: Jurnal Ilmu Hukum Volume 6 Issue 2, April 2026
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v6i2.3834

Abstract

Introduction: Law enforcement is a concrete effort to reflect the moral values contained in legal norms. The increasing prevalence of motor vehicle theft committed by children is rising in Medan City, supported by complex social, economic, and psychological factors.Purposes of the Research: This research aims to analyze how law enforcement is applied to children who commit motorcycle theft in Medan City, and to identify the causative factors of children's involvement in such criminal acts.Methods of the Research: The research uses a normative juridical approach with qualitative methods through interviews, observations, and literature studies.Findings of the Research: The results indicate that law enforcement against juvenile perpetrators of motor vehicle theft in Medan City is implemented based on Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, prioritizing a restorative justice approach through diversion mechanisms. This approach is applied because children have not yet achieved full psychological and emotional maturity, making rehabilitation-oriented handling more appropriate. Causative factors include: weak family supervision, peer pressure, economic hardship, low moral education, emotional instability, and inadequate community security systems. Restorative justice serves as an alternative law enforcement approach that emphasizes not only legal certainty but also more humane justice for all parties.
Religious Freedom and House of Worship Licensing on Private Land Siahaan, Ester Debora; Panjaitan, Hulman; Saragi, Paltiada
TATOHI: Jurnal Ilmu Hukum Volume 6 Issue 2, April 2026
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v6i2.3826

Abstract

Introduction: This article analyzes the legal protection of religious freedom regarding the licensing of houses of worship built on private land. While the Indonesian Constitution strictly guarantees the right to worship, administrative barriers often hinder this fundamental freedom. This study specifically addresses the practical challenges and discriminatory requirements faced by minority religious groups in navigating restrictive local regulations.Purposes of the Research: The purpose of this article is to evaluate the legal alignment between constitutional rights and administrative regulations regarding the establishment of places of worship. Examine the interaction between individual land ownership rights (Property Certificate) and licensing requirements. Furthermore, this study explores a more sensitive legal protection model to ensure legal certainty for minority groups in Indonesia.Methods of the Research: This study uses a normative legal method by examining legal norms, principles, and doctrines related to religious freedom. The study uses legislative, conceptual, and case approaches, focusing on Gereja Kasih Karunia Indonesia (GEKARI) in Jakarta. Data analysis is carried out qualitatively through systematic and constitutional interpretation of primary and secondary legal materials.Findings of the Research: The findings prove that restrictive administrative requirements, such as local community support, create a "social veto" that undermines constitutional religious freedom. This research offers a novel perspective by integrating agrarian law’s social function with administrative law to protect worship on private property. It concludes that shifting from a social-approval model to objective administrative verification is essential for legal certainty.
Abuse of Authority in Modern Automotive Workshop Employment Relationships: An Analysis of Embezzlement in Office in Specialized Car Air Conditioning and Suspension Workshops Albertin, Thomas; Panggabean, Mompang L; Siregar, Rospita Adelina
TATOHI: Jurnal Ilmu Hukum Volume 6 Issue 2, April 2026
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v6i2.3756

Abstract

Introduction: Embezzlement in office constitutes a form of crime arising from the abuse of trust within employment relationships, particularly in the automotive workshop sector, which is characterized by intensive asset management and high-frequency daily transactions. Modern car workshops operate through complex interactions involving cash handling, spare parts circulation, and technical service authority, creating structural vulnerabilities to occupational crime.Purposes of the Research: This article aims to analyze the practice of embezzlement in office within specialized car air conditioning and suspension workshops, with particular emphasis on the legal construction of employment relationships, the scope of employee authority, and the lawful possession of property that is subsequently abused.Methods of the Research: The research employs a statutory and conceptual approach, focusing primarily on the provisions of Article 488 of the New Indonesian Criminal Code. Doctrinal analysis is used to examine the elements of the offense, especially in relation to authority, trust, and asset control within the framework of employment.Findings of the Research: The analysis demonstrates that the operational characteristics of automotive workshops—such as cash management, spare parts administration, administrative record-keeping, and delegated technical service authority—generate heightened susceptibility to embezzlement aggravated by position. The article asserts that the elements of an “employment relationship” and “trust” constitute decisive factors in establishing embezzlement in office, thereby distinguishing it from ordinary embezzlement. This research underscores the necessity of a comprehensive understanding of employment relations and mechanisms of asset possession to ensure the accurate and proportional application of criminal law.
Legal Consequences for Debtors Due to Failure to Remove Fiduciary Guarantees Rachmawati, Miranti Ayu; Haliwela, Nancy Silvana; Sinaga, Roulinta Yesvery
TATOHI: Jurnal Ilmu Hukum Volume 6 Issue 2, April 2026
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v6i2.3267

Abstract

Introduction: The issue of the non-deletion of fiduciary security remains a matter that continues to be overlooked. In many cases, the deletion is not carried out by the fiduciary recipient, their representative, or attorney after the termination of the principal agreement. This situation causes harm to the fiduciary grantor, even though the loss may not be felt directly. One of the consequences is that when the fiduciary grantor applies for a loan from a financial institution, the application may be rejected because the collateral object is still recorded as active in the fiduciary registry.Purposes of the Research: To identify and analyze the factors behind the non-deletion of fiduciary security and the legal consequences for the fiduciary grantor if the fiduciary security is not deleted.Methods of the Research: The research method used is normative legal research with a statutory approach and case approach. The sources of legal materials used include primary legal materials, secondary legal materials, and tertiary legal materials. The technique for collecting legal materials is carried out through literature study using a qualitative method, along with limited interviews as supporting field data to strengthen the normative analysis.Findings of the Research: The research results show that the failure to delete fiduciary security by the fiduciary recipient is caused by their negligence and lack of awareness regarding the obligation to carry out the deletion. In addition, the absence of strict sanctions for failing to perform the deletion contributes to the issue. This situation causes harm to the public, resulting in disruptions to their economic activities. Therefore, there is a need for stricter regulations concerning the deletion process, and the Ministry of Law and Human Rights must continuously supervise these financing institutions.
Legal Consequences of Mafqud (Missing Persons) Wealth According to Islamic Law Zidan, Amidan; Angga, La Ode; Fataruba, Sabri
TATOHI: Jurnal Ilmu Hukum Volume 6 Issue 2, April 2026
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v6i2.3261

Abstract

Introduction: A missing person case occurred in one of the villages of Padaelo, Lalolang Village, Tanete Rilau District, Baru Regency, South Sulawesi, where a husband disappeared and after 8 years of disappearance he returned to his house which at that time had been sold by the heirs of his wife and child so that he also reported this to the local village government and the results of the report showed that the wife had sold her house and her inheritance in the form of rice fields and then she returned to her hometown.Purposes of the Research: Know and study the procedures for determining the assets of missing persons according to Islamic law and explain the legal consequences for assets according to Islamic law.Methods of the Research: The method used is normative legal research. The research approach is a statutory approach and a conceptual approach. Sources of legal materials used are primary legal materials, secondary legal materials, and tertiary legal materials. The technique of collecting legal materials is through literature study and then analyzed through a perspective using qualitative methods.Findings of the Research: The research results show that the mafqud's legal status must be determined by a judge through a court process before his assets can be distributed. As long as the status is not clear, mafqud assets must be frozen and cannot be transferred or distributed. The procedure for determining mafqud involves submitting an application by the heirs or interested parties to the Religious Court, taking into account the evidence and the circumstances of the person's disappearance. The legal consequences for Mafqud's assets depend on the judge's decision. If the mafqud is declared dead, his inheritance is distributed to the heirs according to the faraid provisions. However, if the mafqud returns, the property must be returned to him, unless it has been used legally. The role of judges is very important in creating legal certainty and protecting the rights of mafqud, heirs and interested parties.

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