cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Yohanes Michael
Contact Email
yohanes.michael@staff.unpatti.ac.id
Phone
+6285243175321
Journal Mail Official
jurnaltatohi@mail.unpatti.ac.id
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 : 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
 47   48   49   50   51 
Juridical Review of the Transfer of Mortgage Rights Without Creditor Consent from the Perspective of the Principles of Balance and Good Faith Sitompul, Rosa Benedicta; Silalahi, Jur Udin
TATOHI: Jurnal Ilmu Hukum Volume 6 Issue 3, May 2026
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v6i3.3860

Abstract

Introduction: This study is motivated by the practice of transferring mortgage objects without the consent of creditors, which has the potential to create legal issues, particularly regarding the protection of creditors and third parties. Purposes of the Research: The purpose of this study is to analyze the legal implications of transferring mortgage objects without creditor consent and to examine the responsibility of notaries in drafting Sale and Purchase Binding Agreements and Powers of Attorney to Sell from the perspective of the principles of balance and good faith. Methods of the Research: This research employs a normative legal research method using statutory, conceptual, and case approaches. The legal materials consist of primary legal materials in the form of laws and regulations related to mortgage rights, secondary legal materials such as books and scholarly journals, and tertiary legal materials including legal dictionaries. Data collection was conducted through library research, which was then analyzed qualitatively using a descriptive-analytical method to obtain systematic conclusions. Findings of the Research: The results indicate that the transfer of mortgage objects without creditor consent does not eliminate the security right attached to the object due to the application of the droit de suite principle, thereby ensuring that creditors retain preferential rights and execution authority. Such actions constitute a breach of contract and violate the principles of good faith and balance. Furthermore, notaries are required to act carefully, honestly, and impartially in drafting legal documents. If a notary knows or should have known that the object is still encumbered by a mortgage, administrative, civil, and even criminal liability may arise. Thus, the mortgage law system in Indonesia provides strong legal protection for creditors, while notaries are required to uphold prudence to ensure legal certainty and fairness for all parties.
The Legal Consequences of Goods Returns on Business Entities under the Cash on Delivery Payment System
TATOHI: Jurnal Ilmu Hukum Volume 5 Issue 10, December 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v5i10.3141

Abstract

Introduction: E-commerce is a part of e-business that focuses on online buying and selling transactions carried out through electronic media, such as the internet. Payments for E-commerce transactions appear in various forms, for example, e-wallet, micropayment, credit card, even with a cash on delivery (COD) payment system.Purposes of the Research: This research aims to understand and explain the regulations of cash on delivery payment systems in e-commerce and the legal consequences of product returns for business entities regarding cash on delivery payment systems. Methods of the Research: This is conducted through a normative legal method using a statutory approach and a conceptual approach.Findings of the Research: Based on this research, the regulation of the on-site payment system is regulated in the Civil Code, Consumer Protection Act, Electronic Information and Transaction Law and Government Regulation on the Implementation of Electronic Systems and Transactions. The legal consequences experienced by business entities regarding the return of goods made by consumers when shopping through E-commerce are paying compensation to consumers if the goods are not in accordance or damaged and returns with a mechanism that has been determined by each marketplace. The form of guarantee given by the marketplace if the goods are not in accordance or damaged is in the form of free shipping when returning goods which will be fully borne by the marketplace. Meanwhile, if the goods are in accordance, consumers cannot claim a guarantee and are required to make payments with the on-site payment system.
Judicial Considerations and Policy Gaps in Combating Wildlife Trade Crime Simanjuntak, Yemima Nurhayati; Lewerissa, Yanti Amelia; Tuhumury, Carolina
TATOHI: Jurnal Ilmu Hukum Volume 6 Issue 4, June 2026
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v6i4.3257

Abstract

Introduction: Wildlife trade is a form of environmental crime that has serious impacts on biodiversity. Ambon City, as part of the Eastern Indonesia region which is rich in endemic species, is also a location for criminal acts of protected wildlife trade. This can threaten the survival of species and their ecosystems. Purposes of the Research: The purpose of this study is to examine and analyze the policy of combating wildlife trade in Ambon City, both in terms of penal (criminal law) and non-penal (non-criminal law) efforts, and to assess the basis for judges' considerations in imposing criminal sentences on perpetrators. This study uses a normative legal research method with a statutory approach and a conceptual approach. Methods of the Research: This research uses normative juridical using primary, secondary, and tertiary legal materials. The collection technique is done through literature studies in the form of books, scientific works, and other literature. Findings of the Research: This research shows that efforts to tackle wildlife trade crime in Ambon City are still very weak. Based on a study of two Ambon District Court decisions (No. 327/Pid.Sus-LH/2023/PN Amb and No. 242/Pid.Sus-LH/2024/PN Amb), it was found that law enforcement has not provided an optimal deterrent effect. The penalties imposed on perpetrators tend to be light and disproportionate to the environmental damage caused. This study also found that non-penal efforts such as legal education, environmental monitoring, and community empowerment have not been effective. In addition, public understanding of the law on wildlife protection is still low. Thus, a more integrative policy between penal and non-penal (preventive and educative) approaches is needed to effectively and sustainably tackle wildlife trade in Ambon City.
Judge's Considerations in the Matter of Changing the Status of Whistleblower to Justice Collaborator
TATOHI: Jurnal Ilmu Hukum Volume 5 Issue 10, December 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v5i10.3381

Abstract

Introduction: This study discusses the judge's considerations in the case of Daud Ndakularak who initially had the status of a whistleblower and then switched to become a justice collaborator in a corruption case. The focus of the research lies in the analysis of juridical and non-juridical considerations of judges, as well as the application of the provisions of the Supreme Court Circular Letter Number 4 of 2011 regarding the requirements for the change in status.Purposes of the Research: This study aims to analyze the judge's review of the change in the status of Whistleblower to Justice Collaborator on the decision of Daud Ndakularak.Methods of the Research: The research method used is normative juridical with a case study approach, through the analysis of court decisions and related laws and regulations.Findings of the Research: The panel of judges considers both juridical and non-juridical aspects before deciding the case. Juridical considerations include the analysis of the indictment, demands, evidence, and elements of the article charged, while non-juridical considerations include circumstances that are aggravating and mitigating to the defendant. The judge also referred to the provisions of the Supreme Court Circular Letter Number 4 of 2011 in assessing the feasibility of changing the status of whistleblower to justice collaborator. The final verdict revealed that the defendant was legally proven innocent in terms of committing a criminal act of corruption as contained in the primary indictment, therefore the defendant was given freedom from the indictment. This reveals that the judge's assessment of this case or issue is in accordance with the applicable legal provisions.
The Role of Regional Regulations in Optimizing Public Order, Public Order, and Community Protection
TATOHI: Jurnal Ilmu Hukum Volume 5 Issue 10, December 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v5i10.3542

Abstract

Introduction: The regulation of public order and community protection is essential in urban governance, especially in cities experiencing rapid social changes. Yogyakarta City Regional Regulation Number 7 of 2024 concerning the Implementation of Public Order, Community Protection, and Peace serves as a legal framework aimed at fostering an orderly, safe, and participatory urban environment.Purposes of the Research: The purpose of this study is to examine the normative legal basis, institutional implications, and socio-cultural impact of the regulation, as well as its effectiveness in supporting local initiatives to maintain public order and promote legal awareness in the community.Methods of the Research: The research method used in this article is normative juridical, focusing on the analysis of legal norms and their application through statutory, conceptual, and comparative approaches. Legal materials are obtained from legislation, official documents, and scholarly sources, and analyzed qualitatively to evaluate the implementation and implications of the regulation.Findings of the Research: The findings of this study show that the regulation not only strengthens the authority of law enforcement but also promotes community participation through the innovative Model Kampung Panca Tertib program. The five pillar Orderly Buildings, Orderly Roads, Orderly Business, Orderly Environment, and Orderly Society serve as tools to develop a sustainable legal culture at the grassroots level. However, the success of the regulation largely depends on institutional capacity, consistent community engagement, and long-term support from local government actors. Collaboration among stakeholders is essential to realize inclusive and civilized public order.
Reconstructing the Purpose of Sentencing: Rethinking the Effectiveness of Imprisonment in the Contemporary Legal System
TATOHI: Jurnal Ilmu Hukum Volume 5 Issue 10, December 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v5i10.3588

Abstract

Introduction: Indonesia's criminal justice system still places imprisonment as the primary sanction, although its effectiveness is increasingly questioned. The high occupancy rates in correctional facilities, the burden on the state budget, and weak social reintegration indicate a mismatch between the idealized goals of criminal punishment and the reality of practice. This situation calls for a reevaluation of the relevance of prison sentences within the framework of contemporary criminal law.Purposes of the Research: This study aims to re-examine the effectiveness of prison sentences within the framework of Indonesian criminal law following the latest codification, by considering their suitability in relation to the objectives of modern sentencing. The focus is on formulating a prison sentence concept that is proportional, measurable, and oriented towards rehabilitation and social reintegration, making it relevant for the development of criminal law theory and national policy.Methods of the Research: This research uses a normative legal method, focusing on a doctrinal study of statutory regulations, doctrines, and criminal law literature. The approaches used include legislative, conceptual, and comparative approaches to examine the effectiveness of imprisonment and its relevance within the framework of the 2023 Criminal Code, resulting in a systematic, measurable, and academic analysis.Findings of the Research: This study highlights the opportunity to reorganize the orientation of criminal sanctions through the latest codification of criminal law. Imprisonment, no longer dominant, becomes a last resort for minor offenses. Normative analysis reveals the weaknesses of prison, encouraging alternative penalties. This study reconstructs the objectives of criminal sanctions, offering a concept that is more proportional, rehabilitative, and relevant to the needs of national law and policy.
Diversion Regulation for Public Transport Drivers in Criminal Justice to Enhance Road Safety
TATOHI: Jurnal Ilmu Hukum Volume 5 Issue 10, December 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v5i10.3606

Abstract

Introduction: Road transportation plays a vital role in Indonesia’s economic mobility, where public transport drivers are responsible for safely moving people and goods. National data from Social Security Administration and the Indonesian National Police (Korlantas) shows that 61% of traffic accidents are caused by human error, including drivers’ lack of skill, negligence, and reckless behavior, followed by 9% vehicle factors and 30% infrastructure and environmental factors.Purposes of the Research: This article examines the legal framework of diversion as an alternative settlement mechanism for traffic crime cases committed by public transport drivers within Indonesia’s criminal justice system. It also analyzes the requirements of diversion under Articles 310 and 311 of Law Nomor 22 of 2009 and evaluates its implementation in Purwakarta Regency based on fairness, legal certainty, and restorative justice principles.Methods of the Research: This study employs an empirical legal research method to observe how the law operates in practice within society. Data were gathered through field observation, documentation, and analysis of traffic accident cases involving public transport drivers in Purwakarta. The empirical approach enables the researcher to examine the effectiveness of diversion policies within real criminal justice processes.Findings of the Research: The findings show that the regulation of diversion for public transport drivers in traffic accident cases has been effective in Purwakarta. In fatal accident cases, suspects are charged under Article 310(4) of Law Number 22/2009 jo. Article 77 of the Criminal Code. However, when the driver also suffers serious injuries requiring prolonged treatment, diversion may proceed, enabling restorative and legally certain case resolution within the criminal justice system.
Legal Protection for Consumers Against the Risk of Algorithmic Inaccuracy in Artificial Intelligence Subscription Services Nurhalisa, Andi Dewi; Ihsan, Muh. Ficqhi Taufik Muhlisani
TATOHI: Jurnal Ilmu Hukum Volume 6 Issue 4, June 2026
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v6i4.3867

Abstract

Introduction: This research is prompted by the increasing use of subscription-based artificial intelligence services in Indonesia, which poses risks of algorithmic inaccuracy for consumers. The existing legal framework, particularly the Consumer Protection act, the Electronic Information and Transactions act, and Government Regulation on the Implementation of Electronic Systems and Transactions, has not adequately regulated the liability of business actors for substantive errors in the outputs of artificial intelligence systems that harm consumers. Purposes of the Research: This research aims to identify normative gaps within the Indonesian consumer protection legal framework concerning algorithmic inaccuracy in AI subscription services, and to formulate legal reform proposals oriented toward substantive consumer protection through the reconstruction of legal liability and regulatory reforms that are adaptive to technological developments. Methods of the Research: This research employs a normative juridical method using both statutory and conceptual approaches. Findings of the Research: The findings indicate the existence of a three-layered normative gap: (1) a substantive gap regarding the standard of accuracy of AI outputs within Consumer Protection act and Government Regulation on the Implementation of Electronic Systems and Transactions; (2) an imbalance of standard clauses in subscription contracts that shift risks onto consumers; and (3) limitations in the institutional capacity of supervisory bodies. As a novel contribution, this research proposes the doctrine of Algorithmic Duty of Care as a standard of liability for business actors that cannot be waived through contractual clauses.
Legal Protection for Victims of Cyber-Fraud Wau, Glorianus; Panggabean, Mompang Lycurgus
TATOHI: Jurnal Ilmu Hukum Volume 6 Issue 4, June 2026
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v6i4.3875

Abstract

Introduction: Online fraud cases are increasingly prevalent and represent a significant societal challenge. The diversity of these fraudulent activities indicates a lack of public vigilance and a high level of trust in information circulating on social media. This issue necessitates a robust legal framework to effectively safeguard victims within the rapidly evolving digital landscape. Purposes of the Research: he purpose of this study is to examine the legal protection mechanisms for victims of online fraud. It evaluates the limitations of the current legal system, which often prioritizes punishing perpetrators without an adequate focus on victim rehabilitation or the recovery of material losses caused by the various fraudulent activities in Indonesia. Methods of the Research: This research utilizes a normative legal research method, commonly referred to as doctrinal research, focusing on the analysis of online fraud cases. This approach is chosen because current criminal enforcement often lacks optimization in addressing victim needs, emphasizing punitive sanctions rather than comprehensive restitution for the actual harm and trauma suffered. Findings of the Research: The findings reveal that legal protection for victims is categorized into preventive and repressive measures. Repressive protection is essential, particularly through restitution to compensate for material losses. This study also confirms that current countermeasures align with Article 28 and Article 45A of Law Number 1 of 2024 regarding Electronic Information and Transactions.
Ecological Crime as An International Crime: A Study on The Prospects of Implementing the Principle of Ecocide Within Indonesian Criminal Law Lestari, Putu Ulandari Sri; Negara, I Putu Endra Wijaya
TATOHI: Jurnal Ilmu Hukum Volume 6 Issue 4, June 2026
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v6i4.3877

Abstract

Introduction: Environmental damage in Indonesia has reached alarming levels, with ecological, social, economic, and transboundary impacts. The existing environmental criminal law system, particularly through the Environmental Management Act and other sectoral regulations, still faces fundamental weaknesses in the form of disharmonious regulations, weak law enforcement, and limited implementation of corporate criminal liability. This situation indicates a normative and practical gap that prevents ecological crimes from being treated as extraordinary crimes. Meanwhile, international developments through the concept of ecocide emphasize the urgency of placing massive environmental destruction on a par with genocide, crimes against humanity, war crimes, and aggression. Purposes of the Research: The purpose of this study is to analyze the normative and practical gaps in Indonesian environmental criminal law on the concept of ecocide, as well as provide specific recommendations for regulatory harmonization and strengthening the capacity of law enforcement to respond to these challenges. Methods of the Research: This study uses a normative juridical method with conceptual, legislative, and comparative legal approaches. Findings of the Research: The results show that the application of ecocide principles in Indonesia faces challenges, such as the lack of an official definition, overlapping regulations, weak coordination between institutions, and the low technical capacity of law enforcement officials. Nevertheless, the opportunity for ecocide recognition is wide open, supported by international precedent, academic pressure, and the urgency of large-scale environmental cases in Indonesia. Therefore, environmental criminal law reform is crucial to integrate ecocide into national law, in order to strengthen ecological protection and affirm Indonesia's commitment to sustainable development and global environmental diplomacy.

Page 50 of 51 | Total Record : 506

 47   48   49   50   51 

Filter by Year

2021 2026


Reset
Filter By Issues
All Issue Volume 5 Issue 12, February 2026 Volume 5 Issue 11, January 2026 Volume 6 Issue 5, July 2026 Volume 6 Issue 4, June 2026 Volume 6 Issue 3, May 2026 Volume 6 Issue 2, April 2026 Volume 6 Issue 1, March 2026 Volume 5 Issue 10, December 2025 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