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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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Penggunaan Kekerasan Sebagai Cara Memperoleh Wilayah Bertentangan Dengan Hukum Internasional Damura, Fahira Ode; Anwar, Arman; Tahamata, Lucia Charlota Octovina
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.v1i4.606

Abstract

Introduction: The territorial sovereignty of a country includes three dimensions, namely land, air and sea.Purposes of the Research: The purpose and benefit of this research is to demonstrate the study and analysis of the rules of territorial control and international law.Methods of the Research: The type of research used in this research is normative law which is sourced from primary and secondary legal materials whose data is collected through library research.Results of the Research: Based on the results of the research, it shows that the regulation of territorial control is regulated in international law but is prohibited if it is carried out by means of violence as stipulated in the UN Charter Article 2 paragraphs (3) and (4). The form of territorial conquest is currently strictly prohibited, this is emphasized in UN Security Council resolution 242 concerning the illegality of territorial control by war. The use of violence is only allowed in terms of self-defense, or based on the mandate of the UN Security Council for humanitarian purposes (humanitarian intervention). Apart from the above, in both classical international law and customary international law, the use of force and subjugation has not yet reached the stage of being prohibited.
Tindak Pidana Kekerasan Dalam Rumah Tangga Menurut Kajian Undang-Undang Nomor 23 Tahun 2004 Tentang Penghapusan Kekerasan Dalam Rumah Tangga Lesnussa, Misye Herlin; Supusepa, Reimon; Latumaerissa, Denny
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.v1i5.631

Abstract

Introduction: The Domestic Violence is a violence that can categorized as frequent acts. The society thought a domestic violence is not a crime.Purposes of the Research: To analyze and examine the forms of dealing with domestic violence according to Law Number 23 of 2004 concerning the Elimination of Domestic Violence.Methods of the Research: The research method in this writing is normative in the form of library materials, library materials are an in-depth basis (science) of research classified as secondary data, namely using legal materials. The legal materials referred to in the research used are in the form of personal letters, books, official documents, scientific literature and statutory regulations.Results of the Research: The results of the study show that law enforcement of physical violence in the household according to Law No. 23 of 2004 concerning the elimination of domestic violence is an effort to protect every act against someone within the scope of the household, but the reality in the field is that domestic violence is still happening, especially violence. physical for women and children.
Ancaman Pidana Terhadap Pelaku Eksploitasi Seksual Anak Oleh Penyidik (Studi Kasus di Polresta Pulau Ambon dan Pulau-Pulau Lease) Lixanya Felany Thenu; Juanrico Alfaromona Sumarezs Titahelu; Denny Latumaerissa
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.v1i6.643

Abstract

Introduction: Children in terms of national and state life are the future of the nation and the next generation of the ideals of the nation who have the right to survival, growth and development, participation, protection from acts of violence and discrimination. Purposes of the Research: This writing aims to examine and analyze the basis of investigators when giving criminal threats in the Minutes of Examination to perpetrators of child sexual exploitation and to analyze criminal threats against perpetrators of child sexual exploitation in accordance with the provisions of the legislation.Methods of the Research: The research method in this paper uses a normative juridical research type. The research approach used is the approach to legislation and the case approach. The procedure for collecting legal materials using library research, as well as legal materials analysis techniques is qualitative.Results of the Research: The basis for investigators in giving criminal threats to perpetrators of child sexual exploitation is the Law of the Republic of Indonesia No. 21 of 2007 concerning the Eradication of the Crime of Trafficking in Persons and Law no. 35 of 2014 concerning Child Protection because it was proven guilty of committing a criminal act of sexual exploitation of children. Criminal threats against perpetrators of child sexual exploitation in accordance with the provisions of the legislation, namely the Child Protection Act and the Criminal Act of Trafficking in Persons due to special minimum criminal sanctions in accordance with the provisions of positive law.
Perlindungan Hukum Merek Produk Jus Pala di Negeri Morella Kecamatan Leihitu Nanda Salsabilla Latukau; Teng Berlianty; Muchtar Anshary Hamid Labetubun
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.v1i5.626

Abstract

Introduction: Entrepreneur who has awareness about brand registration is only whose business is big business, but entrepreneur who has micro, small, and medium enterprise  is not aware of it yet.Purposes of the Research: Analyze the form of legal protection for nutmeg juice products as unregistered trademarks, and how to register nutmeg juice products in negeri Morella Kecamatan Leihitu.Methods of the Research: This research is normative legal researches which use legislation approach to slove legal issues in community. Besides, it is also based on community’s norms and statute. This research uses statute approach which uses legislation and conceptual approach.Results of the Research: The results showed that the nutmeg juice product owned by Micro, Small and Medium Enterprises in Morella Country, Leihitu Sub-district had not been able to get legal protection from the state because it had not been registered. The obstacles faced by the nutmeg juice product brand in registering its brand include an error in writing the production address (village name) of nutmeg juice product in the administrative process, the delay in submitting an administrative error correction, and the lack of cooperative members in managing the nutmeg juice brand so that the perpetrators only focuses on improving its products without paying attention to the importance of patenting its own brand.
Perlindungan Hak Perempuan Di Iran Berdasarkan Instrumen Cedaw Rachma Rizky Melania Latuconsina; Josina Augusthina Yvonne Wattimena; Arman Anwar
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.v1i6.638

Abstract

Introduction: This research discusses the issue of women's rights that occur in Iran that requires deeper attention and protection, it is seen based on the CEDAW instrument that cases that occur in Iran violate the provisions of CEDAW. Purposes of the Research: Knowing and analyzing about the protection of women's rights under CEDAW in Iran.Methods of the Research: This study uses a normative juridical method with the legal materials used in the study are primary, secondary and tertiary with the use of literature study techniques in the form of international legal regulations, scientific papers and literature.Results of the Research: The results of the research show that violations of women's human rights in Iran still frequently occur, in the form of honor killings and so on. The efforts of national and international agencies such as CEDAW have still not been able to solve this problem because in fact many violations are still found in Iran.
Kajian Hukum Islam Terhadap Kebijakan Pemerintah Atas Pemberian Kuota Lebih Kepada Jemaah Haji Fadhilla Ilham Mulkin; La Ode Angga; Sabri Fataruba
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.v1i7.666

Abstract

Introduction: Hajj is the fifth pillar of Islam which is a once-in-a-lifetime obligation for every Muslim who is able to fulfill it.Purposes of the Research: Knowing and analyzing about the provisions of Islamic law in carrying out the pilgrimage. Government policy in the implementation of hajj quotas.Methods of the Research:  This research is included in library research, namely research carried out using literature (library). The author reads and takes theory from books related to the problem under study and then concludes the results of various kinds of research.Results of the Research: The results of the study show that the provisions of Islamic law in carrying out the Hajj, namely the Islamic Shari'a, oblige Hajj for every mukallaf, once in a lifetime for both men and women who have the ability to carry it out. All scholars agreed to stipulate that Hajj is not repeated, it is obligatory only once for a lifetime unless it is prescribed. Apart from the one that is obligatory, it is considered Sunnah more than once. Government policy in organizing Hajj quotas, namely the opening of hajj registration throughout the year, causes a prolonged waiting list for hajj. This is the cause of long queues of pilgrims who want to perform the Hajj because the Ministry of Religion always opens registration. Therefore, the queue becomes long and disorganized.
Pembagian Harta Waris Kepada Ahli Waris Dari Perkawinan Pertama Dan Kedua Ditinjau Dari Kitab Undang-Undang Hukum Perdata Weldo Parinussa; Merry Tjoanda; Barzah Latupono
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.v1i4.612

Abstract

Introduction: The distribution of inheritance to the heirs of the first and second marriages in terms of the civil law code. Regarding the inheritance controlled by the children of the second wife without sharing with the children of the first wife after the death of the father.Purposes of the Research: The purpose of this study is that inheritance can be divided fairly according to civil law.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: The results of the study show that if the husband who dies leaving children from both the first wife and the second wife is an heir, then when the inheritance is open to be divided, according to article 35 paragraph (1) of the marriage law, it is stated that property obtained by marriage becomes property. together, then the property must be divided into 2 parts first, where the part becomes the right of the husband and becomes part of the wife in accordance with the provisions on the distribution of joint assets based on Article 128 of the Civil Code. Then the children will get a share from the father's side and the mother's side because civil law adheres to the bilateral principle in the distribution of inheritance and the inheritance share of boys and girls is not distinguished so that they each get the same amount. And after the father remarries, there will be a distribution of assets after the father dies to the children from the first and second marriages. Based on the provisions of Article 852 of the Civil Code: Children or descendants, even though born and various marriages, the inheritance of their parents, their grandparents, or their subsequent blood relatives in a straight line upward, regardless of gender or birth first.
Pertimbangan Hukum Hakim Dalam Putusan Pengadilan Negeri Ambon Nomor 306/Pid.B/2020/PN.Ambon Terhadap Perampasan Jenazah Covid-19 Dalam Prespektif Tujuan Pemidanaan Arnas, Bella Verawaty; Supusepa, Remon; Sopacua, Margie Gladies
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.v1i7.661

Abstract

Introduction: Indonesia is currently being hit by the Corona Virus or Covid-19. Various efforts have been made in handling Covid-19.Purposes of the Research: To examine and discuss the accountability of the perpetrators according to Law no. 6 of 2018 concerning Health Quarantine and To examine and discuss whether the judge's considerations in the decision of the perpetrators of the seizure of the Covid-19 corpse have fulfilled the purpose of punishment.Methods of the Research: This research is a normative juridical research type of descriptive analytical research, the sources of legal materials used in this research are primary legal materials, secondary legal materials, and tertiary legal materials. Legal materials analysis techniques are inventory procedures and identification of laws and regulations, as well as classification and systematic legal materials according to research problems, while analysis of legal materials is both destructive and qualitative methods.Results of the Research: The results obtained from this study are: Accountability of the perpetrators according to Law no. 6 of 2018 concerning Health Quarantine is criminalized and/or fined, and the judge's consideration in the decision of the perpetrators of the seizure of the Covid-19 corpse has fulfilled the purpose of punishment because it has fulfilled juridical considerations as well as non-juridical considerations. Then, in terms of the accountability of the perpetrators, more attention is paid to the teaching of participation because the confiscation of the bodies of Covid-19 is not only carried out by a few people with the participation and the judge's consideration in imposing a crime in the future will have a more deterrent effect on the perpetrators of criminal acts so that this event or incident does not happen again
Penegakan Hukum Pidana Terhadap Praktek Jual Beli Surat Keterangan Kesehatan Yang Dipalsukan Pada Masa Pandemi Covid-19 Putri, Fira Hanasti; Pasalbessy, John Dirk; Hattu, Jacob
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.v1i4.607

Abstract

Introduction: During the Covid-19 pandemic, one of the conditions for traveling outside the region or abroad is to have a health certificate obtained by carrying out a health check at the hospital, this is used by irresponsible people who sell COVID-19 free health certificates counterfeited to people in need.Purposes of the Research: This paper aims to determine the form of criminal law enforcement against the practice of buying and selling falsified health certificates during the Covid-19 pandemic.Methods of the Research: This method using normative legal research methods, namely research conducted by studying literature or literature study related to the problems at hand. Normative legal research is legal research made from literature, which is one of the library collections in the form of printed works such as text books, fiction books, reference books that are collected, processed and stored to be presented to users to meet informationneeds.Results of the Research: Based on the results of the research, it was found that the form of criminal law enforcement against the practice of selling falsified health certificates was subject to criminal sanctions, namely Article 263 of the Criminal Code (KUHP), namely letter forgery in general and made clear by Article 268 of the Criminal Code (KUHP). Criminal Law), namely falsifying a doctor's certificate.
Urgensi Peraturan Pemerintah Pengganti Undang-Undang Nomor 2 Tahun 2020 Tentang Perubahan Ketiga Atas Undang-Undang Nomor 1 Tahun 2015 Tentang Penetapan Peraturan Pemerintah Pengganti Undang-Undang Nomor 1 Tahun 2014 Tentang Pemilihan Gubernur, Bupati, dan Walikota Menjadi Undang-Undang Sariati, Eka; Nirahua, Salmon Eliazer Marthen; Sedubun, Victor Juzuf
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.v1i5.632

Abstract

Introduction: Government Regulation in Lieu of Law Number 2 of 2020 has provided a legal basis for the implementation of the Pilkada in 2020, the voting was conducted in December 2020.Purposes of the Research: This writing aims to find out and understand about the right legal products in the implementation of regional elections during the Pandemic.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 issuance of Government Regulations in Lieu of Law Number 2 Year 2020 is not yet correct, There have been too many changes that have emerged for Law No. 1 of 2015. Then Based on Appendix II number 237 of Law no. 12 of 2011, the Government should understand that if a change in laws and regulations results in a change in systematics, the changed material is more than 50%, or its essence changes, it is better if it is revoked and rearranged in a new form. Parameters of Matters that forced the issuance of Perppu Number 2 of 2020, namely First, the Non-natural disaster Pandemic Corona Virus Disease 2019 (Covid-19) which has caused many casualties; Second, namely the absence of law or there is a law but it is not sufficient

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