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Yohanes Michael
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INDONESIA
TATOHI: Jurnal Ilmu Hukum
Published by Universitas Pattimura
ISSN : -     EISSN : 2775619X     DOI : https://doi.org/10.47268/tatohi
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 506 Documents
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Aspek Yuridis Pemberian Remisi Terhadap Narapidana Di Masa Pandemi COVID-19 Nadine Yemersa Imanuela Alfons; Deassy Jacomina Anthoneta Hehanussa; Lionie Lokollo
TATOHI: Jurnal Ilmu Hukum Vol. 1 No. 4 (2021): Volume 1 Nomor 4, Juni 2021
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v1i4.610

Abstract

Introduction: The policy of releasing prisoners in an effort to suppress the spread of COVID-19 is the authority of the Indonesian government through the Ministry of Law and Human Rights.Purposes of the Research: To find out the implementation of granting remissions during the COVID-19 pandemic and to find out the factors that hinder the implementation of granting remissions for prisoners during the COVID-19 pandemic.Methods of the Research: This study uses empirical juridical research with the legal materials used in the study are primary and secondary data in the form of interviews with correctional officers.Results of the Research: This study uses empirical juridical research with the legal materials used in the study are primary and secondary data in the form of interviews with correctional officers, Law Number 12 of 1995 concerning Corrections, Presidential Decree Number 174 of 1999 concerning Remission, Government Regulation Number 99 of 2012 concerning the Second Amendment to Government Regulation Number 32 of 1999 concerning Terms and Procedures for the Implementation of the Rights of Prisoners, Law Number 8 of 1981 concerning Criminal Procedure Code.
Pengaturan Impor Sampah Plastik Di Indonesia Lendry Hendrik; Lucia Charlota Octovina Tahamata; Richard Marsilio Waas
TATOHI: Jurnal Ilmu Hukum Vol. 1 No. 7 (2021): Volume 1 Nomor 7, September 2021
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v1i7.659

Abstract

Introduction: Law has an important rolf in life, because without law, there willbe no order and peacein people’s lives, including teh export-import process of plastic waste, therefore rules are made to regulate it.Purposes of the Research: Based on background, author aim to identify the regulation of plastic waste import in Indonesia.Methods of the Research: Method used is the normative juridical research method with statue aprroach and conceptual aprroach.Results of the Research: Based on author’s research, regulation of plastic waste in Indonesia is regulated at various levels, including law number 32 of 2009 concerning protection and management of the envitonmen, articel 69 paragraph (1) letter c explixitly prohibited everyone from entering organic waste from foreign country to Indonesia’s enviromental media.
Perlindungan Hukum Bagi IDPs (Internally Displaced Persons) di Suriah dalam Perspektif Hukum Pengungsi Internasional Tania Valeria Leimena; Josina Augustina Yvonne Wattimena; Richard Marsilio Waas
TATOHI: Jurnal Ilmu Hukum Vol. 1 No. 4 (2021): Volume 1 Nomor 4, Juni 2021
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v1i4.605

Abstract

Introduction: Declaration of Human Rights and Guiding on Internal Displacement which are the rights that have been regulated for IDPs (Internally Displaced Persons) in Syria.Purposes of the Research: The purpose of this article is to find out about the arrangements and forms of legal protection for IDPs (Internally Displaced Persons), especially women and children who experience sexual abused in Syrian conflict.Methods of the Research: The type of research used is normative juridical research or literature law research with descriptive-analytical documents obtained by normative juridical research then analyzed and conclusions drawn, and uses three approaches including the statutory approaches, case approaches, and conseptual approaches.Results of the Research: The results showed that Regulations regarding IDPs in the perspective of International Refugee Law have been regulated, the UN has established an arrangement, namely the Guiding Principles on Internal Displacement, however, this principle is soft law. Over time, the ICGLR established special protocols for IDPs such as The Protocol on the Protection and Assistance to Internally Displaced Persons, The Protocol on the Property Rights of Returning Person, and the Protocol on the Prevention and Suppression of Sexual Violence Against Women and Children. Forms of legal protection for IDPs in Syria in the perspective of International Refugee Law, namely the Legal Position in regulating internal refugees, and fulfilling the rights and obligations of Syrian refugees required in handling refugees by implementing the rules in regulated principles and protocols Given that until now, protection for IDPs has not been handled properly in terms of assistance services, health, education, legal protection, placement and provision of decent work.
Tindak Pidana Kekerasan Dalam Rumah Tangga yang Mengakibatkan Kematian (Studi pada Polresta Pulau Ambon dan Pulau-Pulau Lease) Hendrina Wahju Irianty Munthalib; Elsa Rina Maya Toule; Margie Gladies Sopacua
TATOHI: Jurnal Ilmu Hukum Vol. 1 No. 5 (2021): Volume 1 Nomor 5, Juli 2021
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v1i5.630

Abstract

Introduction: The Indonesian government has ratified Law Number 23 of 2004 concerning the elimination of domestic violence which clearly and unequivocally regulates sanctions for perpetrators of acts of domestic violence, household that resulted in the strongest death in the jurisdiction of the Ambon Island Police and Lease Islands.Purposes of the Research: To examine and discuss the factors that influence domestic violence crimes that result in death, and the efforts that can be taken to prevent domestic violence resulting in death.Methods of the Research: This research is a normative juridical research, the type of research is descriptive normative, the type of research is descriptive analytical, the sources of legal materials used in this research are primary legal materials, secondary legal materials, supporting data and information then identified and then systematized for interpretation and given arguments to reach conclusions.Results of the Research: The results obtained from this study are the factors that influence the crime of domestic violence that results in death are individual factors, communication, patriarchal culture and the economy while the efforts made to prevent domestic violence that result in death have been carried out by The Ambon Island Police and Leasa Islands are a community service unit that collaborates with relevant agencies in the form of counseling.
Kekuatan Hukum Alat Bukti (Novum) Dalam Pemeriksaan Perkara Peninjauan Kembali Beberapa Tindak Pidana Pembunuhan ( Vide Pasal 338 KUHP) Faradillah Maulidyah Pelu; John Dirk Pasalbessy; Margie Gladies Sopacua
TATOHI: Jurnal Ilmu Hukum Vol. 1 No. 6 (2021): Volume 1 Nomor 6, Agustus 2021
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v1i6.642

Abstract

Introduction: Novum or new evidence or new circumstances is a condition for submitting a request for review. Review is a legal remedy that can be taken by the convict (the person who is sentenced) in a legal case against a court decision that has permanent legal force in the justice system in Indonesia. Purposes of the Research: Reviewing and explaining the legal strength of the (Novum) evidence in the examination of cases of reviewing several crimes of murder.Methods of the Research: This research uses a normative juridicial research type with a descriptive analitycal type of research. Engineering legal materials by conducting library research on legal materials, namely primary legal materials and secondary legal materials. Legal materials analysis techniques are obtained from qualitative calcifications.Results of the Research: Based on the results of research and discussion, it can be rejected that the submission of a review by the convict/applicant for reconsideration, namely Imam Chambali, is an application that has met the elements of the provisions in Article 263 paragraph (2) of the Criminal Procedure Code and Article 24 of Law Number 48 of 2009 concerning Judicial Power. Novum or new evidence or new circumstances as a basis for filing a petition for review to the Supreme Court.
Perlindungan Konsumen Produk Ikan Mentah Di Pasar Arumbai Mardika Ambon Terkait Ketersediaan Fasilitas Sanitasi Marsye R Leterulu; Merry Tjoanda; Agustina Balik
TATOHI: Jurnal Ilmu Hukum Vol. 1 No. 5 (2021): Volume 1 Nomor 5, Juli 2021
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v1i5.625

Abstract

Introduction: The arumbai market as the largest raw fish sales center in Ambon city, is known to have inadequate availability of sanitation facilities and clean water causing raw fish business actors to use sea water that has been contaminated by domestic waste. Resulting in fish being traded to be unhealthy and fresh.Purposes of the Research: To find out and analyze consumer protection for raw fish products in the Arumbai market regarding sanitation facilities and the responsibilities of business actors and managers in providing hygienic raw fish products.Methods of the Research: The research method used is normative juridical, which is focused on providing explanations that explain a particular category. Approach the problem of the statute approach (statute approach) and the conceptual approach (conceptual approach). The collection of legal materials through primary legal materials is then free from secondary legal materials. The processing and analysis of legal materials is described in a qualitative way with the aim of describing the findings in the field.Results of the Research: The absence of legal protection and certainty for consumers of raw fish in the arumbai market, where fish traders do not guarantee the quality of fish to keep it fresh. However, they freely use polluted water to soak the fish. This is because fish traders do not have awareness of their obligations as business actors. And the Government as an institution that is authorized and responsible to the community does not play an active or irresponsible role in supervising and controlling sanitation and clean water facilities at the Arumbai market. Arumbai market fish traders are not aware of their obligations as business actors. So that their responsibility in providing hygienic raw fish is not fulfilled. Market managers, arumbai business actors do not cooperate with the city government to provide sanitation and clean water facilities.
Tanggung Jawab Negara Terhadap Pelanggaran Hak Asasi Manusia Di Belarusia Ditinjau Dari Hukum Internasional Billy Diego Arli Papilaya; Johanis Steny Franco Peilouw; Richard Marsilio Waas
TATOHI: Jurnal Ilmu Hukum Vol. 1 No. 6 (2021): Volume 1 Nomor 6, Agustus 2021
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v1i6.637

Abstract

Introduction: Human rights violations that occurred in Belarus between the Belarusian Police and the demonstrators were an act that violated the provisions of the applicable laws and regulations. Purposes of the Research: This writing aims to examine and analyze how the regulation of state responsibility according to international law and the form of state responsibility for human rights violations in Belarus is arranged.Methods of the Research: The research method in this paper uses a normative juridical research type. The research approach used is a statutory approach, a conceptual approach and a case approach. The procedure for collecting legal materials uses primary legal materials and secondary legal materials through books, articles, journals and the writings of legal experts, as well as legal materials analysis techniques in this study using qualitative analysis techniques.Results of the Research: The results obtained are to explain that the state's responsibility for human rights violations in Belarus is a guarantee in upholding human rights, because the human rights violations committed by the Belarusian Police against the demonstrators are the responsibility of the state, where in upholding, protecting, fulfilling, respecting, and the responsibility of the state in promoting human rights in accordance with applicable regulations.
Teknik dan Taktik Penimbunan Bahan Bakar Minyak (Studi Kasus Pada Direktorat Krimsus Polda Maluku) Reyhard Jonathan Ilely; Deassy Jacomina Anthoneta Hehanussa; Lionie Lokollo
TATOHI: Jurnal Ilmu Hukum Vol. 1 No. 7 (2021): Volume 1 Nomor 7, September 2021
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v1i7.665

Abstract

Introduction: Oil and gas are natural resources that are controlled by the state and have an important role for the national economy. Therefore, it is necessary to manage them as much as possible.Purposes of the Research: The purpose of this research is to study, analyze and explain the techniques and tactics of stockpiling fuel oil.Methods of the Research: The method used is normative juridical with a statutory approach, a conceptual approach and a case approach. Sources of legal materials used are primary and secondary. The collection technique is through literature study and analyzed through descriptive method using qualitative methods.Results of the Research: The results showed that the techniques and tactics in handling fuel stockpiles were interrogation techniques and tactics, case title techniques and tactics and investigative management techniques and tactics
Perlindungan Hukum Pemegang Hak Cipta terhadap Pelanggaran Melalui Aplikasi Telegram Martha Elizabeth Sutrahitu; Sarah Selfina Kuahaty; Agustina Balik
TATOHI: Jurnal Ilmu Hukum Vol. 1 No. 4 (2021): Volume 1 Nomor 4, Juni 2021
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v1i4.611

Abstract

Introduction: The distribution of cinematographic works is so much at this time, especially in the channel on the Telegram application.Purposes of the Research: Know the form of legal protection of cinematographic copyright holders whose rights are violated on the telegram application, as well as the legal consequences for the parties who commit the violation.Methods of the Research: The research method used is juridical normative, the problem approach used in the research is the statutory approach and the conceptual approach. Sources of legal materials used are primary, secondary and tertiary legal materials. The technique of collecting legal materials used in this study is a research library, then analyzed using qualitative methods.Results of the Research: Based on research, currently the distribution of cinematographic works without a creator or copyright holder is a violation that results in losses for both creators and copyright holders, but to prevent such violations there are protections provided to protect cinematographic works, including: preventive legal protection with limitations in several laws such as UUHC and UU ITE as well as providing Joint Regulations MENKUMHAM and MENKOMINFO regarding the Implementation of Closure of Content and/or Related Rights in Electronic Systems, repressive legal protection in the form of non-litigation efforts that focus on efforts to settle out of court (Alternative disputes and arbitration institutions), as well as litigation efforts carried out through the courts. Commercial Court and report closure of content and/or access rights). The legal consequences that are accepted for those who feel aggrieved, because the application is a loss and the legal consequences for those who violate the cinematographic works are subject to sanctions.
Perspektif Hukum Internasional Terhadap Perlindungan HAM Aktivis Kemanusiaan Medyline Agnes Elias; Josina Augusthina Yvonne Wattimena; Veriana Josepha Rehatta
TATOHI: Jurnal Ilmu Hukum Vol. 1 No. 7 (2021): Volume 1 Nomor 7, September 2021
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v1i7.660

Abstract

Introduction: In the midst of the territorial conflict between Israel and Palestine and various human rights violations that also occurred in the conflict, a humanitarian activist named Rami Aman from Gaza was arrested by Hamas based on a report by a former Amnesty worker.Purposes of the Research: The aim of the author is to find out about the regulation of protection of humanitarian activists in international law instruments and the legal remedies that Amnesty International can take in protecting human rights for humanitarian activists.Methods of the Research: The method used in this research, namely normative legal research methods carried out by using literature study where by examining library materials and secondary data in assessing the prevailing legal norms, which are then presented descriptively and conclusions are given.Results of the Research: The results of the research obtained from this writing are that the protection of human rights from humanitarian activists has been regulated in international legal instruments, but these laws are soft law so they are not legally binding. These legal instruments can become hard law and legally binding if adopted in national law. As a non-governmental organization, Amnesty International can protect human rights of the humanitarian activists with the rights it derives from the consultative status it obtains and press the government concerned and pay public attention to these problems through campaigns and actions and most importantly for Amnesty International to work according to the principles it has.

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