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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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The Effectiveness of The Coaching Program in State Prisons in Improving the Skills and Behavior of Inmates and Its Impact on Recidivism Rates Ndalo, Antonius Axl Alot; Wilhelmus, Bhisa Vitus; Amalo, Heryanto
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.v6i4.3878

Abstract

Introduction: Recidivism remains a critical challenge in Indonesia's criminal justice system, particularly in correctional institutions like the Class IIB Ruteng Detention Center (Rutan). Purposes of the Research: This study analyzes the effectiveness of coaching programs in enhancing inmates' skills and behavior, and their impact on recidivism rates. Methods of the Research: Using an empirical juridical approach, primary data were collected through interviews with 20 inmates, 6 staff members, and observations at Rutan Ruteng, supplemented by secondary data from regulations and reports. Findings of the Research: Findings reveal that while personality and independence coaching programs (e.g., religious awareness, vocational training in woodworking and farming) show moderate effectiveness in skill improvement (70% participation rate), behavioral changes are inconsistent due to limited resources and external stigma. Recidivism averaged 3 inmates annually (2021-2024), primarily theft cases, indicating partial program impact. The study recommends enhanced funding, community partnerships, and post-release support to reduce recidivism below national averages (3.55% in 2023). This research contributes to correctional policy reform aligned with Law No. 22/2022 on Correctional System.
Legal Remedies to Appeal Against Free Verdict in the Crime of Murder Limehuey, Krisantia Welma; Supusepa, Reimon; Muammar, Muammar
TATOHI: Jurnal Ilmu Hukum Volume 6 Issue 5, July 2026
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v6i5.3328

Abstract

Introduction: This article analyzes legal protection for victims of wrongful arrest based on acquittal decisions in criminal murder cases. The case highlights the importance of judicial integrity and accuracy in evaluating evidence to ensure justice and safeguard defendants' human rights in the criminal justice system. Purposes of the Research: This article aims to examine the judges’ legal reasoning in issuing an acquittal and the legal protection available for victims of wrongful arrest. Methods of the Research: This research uses normative juridical methods with a statutory and case study approach, analyzing court decisions and legal literature related to the protection of wrongfully arrested individuals. Findings of the Research: The findings of this study are that the judge handed down an acquittal verdict because there were no two valid evidence found to prove the defendant's guilt in the murder case. The absence of witnesses, weak evidence, and alibi information became the basis for acquittal. Protection for victims of wrongful arrest has not been running optimally and still faces procedural obstacles and a lack of public understanding of their rights. The free verdict emphasizes the importance of fair law enforcement and the need for rehabilitation and compensation for victims of wrongful arrest
Violation of Standard Operating Procedures (Smile, Greet, Say Hello) in the Company's Regulations on Employment Saputri, Ariyanti Sofiya; Pello, Helsina Fransiska; Kaesmetan, Rini Marselin
TATOHI: Jurnal Ilmu Hukum Volume 6 Issue 5, July 2026
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v6i5.3892

Abstract

Introduction: Violation of the Standard Operating Procedure (SOP) of Smile, Greet, Say Hello is a form of violation of minor work discipline in Company Regulations or Collective Labor Agreements. Sanctions for this violation are generally in the form of verbal and written reprimands, to a Warning Letter in stages in accordance with the provisions of labor law. Purposes of the Research: This study aims to juridically analyze violations of the Smile, Greeting, and Salutation Standard Operating Procedure (Smile, Greet, Say Hello SOP) in company regulations based on Law Number 13 of 2003 concerning Manpower. The study focuses on the legal position of the Smile, Greet, Say Hello SOP in employment relationships, employees’ obligations to comply with company regulations, the classification of Smile, Greet, Say Hello SOP violations, as well as the mechanisms for dispute resolution and sanction implementation. Methods of the Research: This research employs a normative legal research method using statutory, conceptual, and analytical approaches. The legal materials consist of primary, secondary, and tertiary legal sources collected through library research and analyzed descriptively and qualitatively. Findings of the Research: The results indicate that the Smile, Greet, Say Hello SOP has the status of a valid and binding internal company norm when stipulated in company regulations or collective labor agreements in accordance with labor law provisions. Violations of the Smile, Greet, Say Hello SOP are generally classified as minor disciplinary violations, the settlement of which should prioritize guidance, verbal warnings, and written warning letters applied progressively. The imposition of sanctions must be proportional, objective, and consistent with the principles of worker protection and legal certainty. The mechanism for resolving SOP violations is carried out through internal company procedures, bipartite negotiations, mediation, and the Industrial Relations Court in the event of disputes. Therefore, the implementation of the Smile, Greet, Say Hello SOP not only functions to establish a professional work culture and excellent service but must also ensure a balance of rights and obligations between employees and employers within industrial relations
Criminal Offence of Dumping Pig Carcasses into the Sea Based on Unlawful Acts Prabowo, Agung; Pello, Jimmy; Dede, Ngongo
TATOHI: Jurnal Ilmu Hukum Volume 6 Issue 5, July 2026
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v6i5.3924

Abstract

Introduction: This study examines the criminal aspects of dumping pig carcasses into the sea in East Flores. This phenomenon has significant ecological and social impacts. Purposes of the Research: The purpose of the research is to analyze the application of the concept of criminal law in the case and identify obstacles to law enforcement. Methods of the Research: Using normative-empirical research methods with a case study approach, data was collected through document studies and interviews with authorities. Findings of the Research: The results of the study show that the act of dumping pig carcasses into the sea in East Flores has met the elements of criminal law, especially related to criminal law. The results of the study show that the act of dumping animal carcasses into the sea meets the elements of illegal acts because it causes environmental pollution, threatens public health, and damages marine ecosystems and coastal economic activities. This act is contrary to the Environmental Protection and Management Law, the Marine Law, and regulations on animal health. Perpetrators can be held criminal, civil, and administrative liable in accordance with applicable legal provisions. However, law enforcement faces challenges such as: lack of public awareness, difficulty in proof. This research contributes to the understanding of the existence and application of environmental criminal law in coastal areas
Challenges in Law Enforcement on the Use of Arad Fishing Gear by Fishermen Saefuloh, Tabah; Ariani Kartini, Ika
TATOHI: Jurnal Ilmu Hukum Volume 6 Issue 5, July 2026
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v6i5.3934

Abstract

Introduction: This research is motivated by the still rampant use of arad fishing gear in Cilacap Waters, as indicated from the 2024 Annual Report of the Cilacap Ocean Fishing Port. Although it is prohibited by Law Number 45 of 2009 because it damages marine ecosystems, the factors that encourage fishermen to use it and the effectiveness of law enforcement still need to be further researched. Purposes of the Research: This study aims to analyze the effectiveness of law enforcement of the use of arad in Cilacap waters by the Directorate General of Marine Resources and Fisheries Supervision of Cilacap based on Law Number 45 of 2009 and the Regulation of the Minister of Marine Affairs and Fisheries, as well as identify the factors that cause fishermen to still use it. Methods of the Research: This study uses an empirical juridical method with an analytical descriptive approach. Data were collected through interviews and observations with the Directorate General of Marine Resources and Fisheries Supervision of Cilacap and fishermen, and were analyzed qualitatively. Findings of the Research: The results show that law enforcement by the Directorate General of Marine Resources and Fisheries Supervision of Cilacap includes supervision, patrols, socialization, and confiscation of fishing gear. However, it was found that the level of compliance of fishermen is still low. The main factors that cause fishermen to continue using arad are livelihood dependence, higher catches, and the cost of switching fishing gear.
Reconstructing Anti- Strategic Lawsuits Against Public Participation Regulation: A Legal-Political Response to 'Rubber Articles' and Democratic Regression in Indonesia's Criminal Justice System Nabela, Nadia; MPB, Andi Srikandi; Basuki, Teguh
TATOHI: Jurnal Ilmu Hukum Volume 6 Issue 5, July 2026
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v6i5.3953

Abstract

Introduction: This study analyzes the systemic threat of Strategic Lawsuits Against Public Participation (SLAPPs) to Indonesian democracy, particularly how 'rubber articles' within the criminal law are weaponized to silence dissent. Purposes of the Research: The research evaluates the legal politics perpetuating SLAPPs and proposes the urgent establishment of comprehensive, cross-sectoral Anti-SLAPP regulations. Employing qualitative doctrinal legal research with statute, conceptual, and comparative approaches. Methods of the Research: The method used in this study is qualitative doctrinal legal research to examine criminal law practices. The research comprehensively integrates three main approaches, namely a statute approach, a conceptual approach, and a comparative approach. Primary and secondary legal materials were collected through structured documentary study and analyzed prescriptively. Findings of the Research: it finds that multi-interpretable norms in the Electronic Information and Transactions Law and Criminal Code, coupled with a lack of early dismissal mechanisms, create a chilling effect and undermine constitutional rights. This research recommends legal reconstruction through the adoption of Anti-SLAPP regulations, including constitutional threshold tests and cost-shifting rules, to protect democratic integrity and restore the rule of law. Keywords: Anti-SLAPP; Legal Politics; Rubber Articles; Criminalization; Constitutionalism.

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