TATOHI: Jurnal Ilmu Hukum
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.
Articles
476 Documents
<![CDATA[Perlindungan Hukum Bagi Transgender Sebagai Warga Binaan Pemasyarakatan ]]>
<![CDATA[Philippa Philomena Kosho]]>;
<![CDATA[Deassy Jacomina Anthoneta Hehanussa]]>;
<![CDATA[Yonna Beatrix Salamor]]>
<![CDATA[ TATOHI: Jurnal Ilmu Hukum Vol 1, No 6 (2021): Volume 1 Nomor 6, Agustus 2021 ]]>
Publisher : <![CDATA[Faculty of Law Pattimura University ]]>
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<![CDATA[Introduction: Transgender is a term used to describe people who behave differently or appear to not match their gender. Regulations for the protection of transgender people in Indonesia do not exist hence cases pertaining transgender people are not clearly regulated. Purposes of the Research: The purpose of this study is to examine and analyze the position of transgender people as correctional residents and to examine and analyze legal protection for transgender as correctional residents.Methods of the Research: The type of legal research used is normative juridical. This type of research is conducted through a process of finding the rule of law, legal principles and legal doctrines to answer legal issues faced or research that refers to the norms found in the legislation. This research uses a statute and comparative approach.Results of the Research: This research concluded that the position of transgender people as correctional residents in Indonesia until now is not clear. The classification of correctional residents in prisons is based on sex identification (male and female) not gender qualifications hence that the position and development of transgender people is still equated with other correctional residents. In addition to this, until now there has been no specific picture of legal protection for transgender people as correctional residents due to the legal vacuum regarding transgender protection in Indonesia.]]>
<![CDATA[Penyelesaian Sengketa Hak Atas Tanah Marga Masyarakat Hukum Adat Suku Woirata Di Pulau Kisar Kabupaten Maluku Barat Daya ]]>
<![CDATA[Ruben Lewedalu]]>;
<![CDATA[Jenny Kristiana Matuankotta]]>;
<![CDATA[Novyta Uktolseja]]>
<![CDATA[ TATOHI: Jurnal Ilmu Hukum Vol 1, No 5 (2021): Volume 1 Nomor 5, Juli 2021 ]]>
Publisher : <![CDATA[Faculty of Law Pattimura University ]]>
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<![CDATA[Introduction: Land disputes that occur in the Woirata tribal indigenous peoples are disputes over clan land rights for which until now there has been no attempt solution.Purposes of the Research: This study aims to examine and determine the dispute resolution mechanism according to the customary law of the Woirata tribe..Methods of the Research: This research is an empirical legal research, using a law approach and a case approach. Research data sources include primary, secondary and tertiary data sources. Data collection techniques in the form of library research and field studies. Technical Analysis of the data used is descriptive qualitative.Results of the Research: The results of the study show that the settlement of disputes over clan land rights based on the customary law of the Woirata tribe can basically be resolved in two ways, namely through the Soa-level customary institutions and the Village/State-level customary institutions. In this regard, the customary law community of the Woirata tribe usually prefers to use the customary law approach to resolve all problems that occur in the village related to civil matters, such as problems over land that occur.]]>
<![CDATA[Akibat Hukum Terhadap Limbah Sampah Plastik Di Teluk Ambon Berdasarkan Undang-Undang Nomor 18 Tahun 2008 Tentang Pengelolaan Sampah ]]>
<![CDATA[Abnu Fauzi Mesfer]]>;
<![CDATA[La Ode Angga]]>;
<![CDATA[Sabri Fataruba]]>
<![CDATA[ TATOHI: Jurnal Ilmu Hukum Vol 1, No 6 (2021): Volume 1 Nomor 6, Agustus 2021 ]]>
Publisher : <![CDATA[Faculty of Law Pattimura University ]]>
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<![CDATA[Introduction: Public awareness in disposing of waste, often causes them not to waste space, such as throwing garbage in ditches, rivers, and even in the ocean. Purposes of the Research: To find out and analyze forms of plastic waste management in Ambon Bay based on Law Number 18 of 2008 concerning Waste Management, and as a requirement for obtaining a Bachelor of Law degree at the Faculty of Law, Pattimura University, Ambon.Methods of the Research: This research is a type of normative legal research, namely legal research whose object of study includes the provisions of legislation and legal materials of a documentary nature, with the main subject of the study of the problem of Danpak implementation of reclamation in Ambon Baguala bay.Results of the Research: Forms of plastic waste management in Ambon bay based on Law Number 18 of 2008 concerning Waste Management, namely: the forms of waste processing in Ambon city initially from TPA-TPA to an open dumping system to a better system in accordance with Law Number 18 of 2008 concerning Waste Management, through four choices of waste processing scenarios.]]>
<![CDATA[Pelaksanaan Tugas Komisi Pemilihan Umum Daerah Dalam Sosialisasi Undang – Undang Nomor 7 Tahun 2017 Menjelang Pemilukada Dimasa Pandemi Covid-19 ]]>
<![CDATA[Eylesia Elkel]]>;
<![CDATA[Hendrik Salmon]]>;
<![CDATA[Sherlock Halmes Lekipiouw]]>
<![CDATA[ TATOHI: Jurnal Ilmu Hukum Vol 1, No 7 (2021): Volume 1 Nomor 7, September 2021 ]]>
Publisher : <![CDATA[Faculty of Law Pattimura University ]]>
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<![CDATA[Introduction: The legal issues in this writing include (1) Is the Covid-19 Pandemic Affecting the Simultaneous Regional Head Elections and (2) How is the KPUD Implementation in Disseminating Law Number 7 of 2017 Ahead of the Regional Head Election during the Covid-19 Pandemic.Purposes of the Research: This writing aims to find out and analyze how the KPUD's duties are in socializing Law Number 7 of 2017 during the Covid-19 Pandemic. Methods of the Research: The research method used is normative, that is, research that primarily examines positive legal provisions and legal principles, explains and predicts the direction of future legal developments. This is because this research is a legal research, because the science of law has a special character (it is a sui generis discipline).Results of the Research: The results of the discussion of the writer of this thesis showed that the implementation of the Democratic Party was disrupted by the corona virus outbreak, one of which was the simultaneous Regional Head Election. Even the implementation of KPUD's Duties of Law Number 7 of 2017 concerning socialization ahead of the Regional Head General Election is disrupted, but the KPUD can cooperate with print or electronic media in order to make it easier for the public to know the procedures for conducting the Regional Head Election so that the KPUD's task in conducting socialization ahead of the Regional Head General Election can be carried out.]]>
<![CDATA[Akibat Hukum Apabila Pejabat Tata Usaha Negara Tidak Melaksanakan Putusan Pengadilan Tata Usaha Negara ]]>
<![CDATA[Agus Sujiono]]>;
<![CDATA[Dezonda Rosiana Pattipawae]]>;
<![CDATA[Ronny Soplantila]]>
<![CDATA[ TATOHI: Jurnal Ilmu Hukum Vol 1, No 4 (2021): Volume 1 Nomor 4, Juni 2021 ]]>
Publisher : <![CDATA[Faculty of Law Pattimura University ]]>
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DOI: 10.47268/tatohi.v1i4.613
<![CDATA[Introduction: The weak implementation of the PTUN decision is due to the absence of an executorial institution and the force to force the implementation of the PTUN decision so that the implementation of the PTUN decision depends on the awareness and initiative of the State Administration Official. Execution of court decisions is the implementation of court decisions by or with the assistance of external parties from the parties. Matters related to execution are the cancellation of the Decree followed by rehabilitation, administrative sanctions and execution of a decision to pay a sum of money.Purposes of the Research: The purpose of this research is to analyze and discuss the forms of decisions of the State Administrative Court and the legal consequences if the State Administrative Officials do not carry out the execution of the decisions of the State Administrative Court. The writing method used is normative legal research using a statutory approach and the concept of legal analysis.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.Results of the Research: The research results show that officials who do not carry out the obligations ordered in the decision of the State Administrative Court which have permanent legal force (inkracht van gewijsde) are subject to moderate administrative sanctions which include: a) forced payment and / or compensation; b) temporary dismissal by obtaining office rights; or c) temporary dismissal without obtaining office rights. Article 11 of Government Regulation Number 48 of 2016 concerning Procedures for Imposing Administrative Sanctions to Government Officials determines that the imposition of minor administrative sanctions is carried out directly by superior officials, while the imposition of moderate and / or severe administrative sanctions is carried out through an internal inspection mechanism. Regarding officials who are authorized to impose administrative sanctions regulated in Article 12 of Government Regulation Number 48 of 2016 concerning Procedures for Imposing Administrative Sanctions to Government Officials.]]>
<![CDATA[Aspek Melawan Hukum Pidana Terhadap Perbuatan Penyalahgunaan Wewenang Dalam Penyaluran Bantuan Sosial Di Masa PSBB ]]>
<![CDATA[Christian Victor Samuel Marzuki]]>;
<![CDATA[John Dirk Pasalbessy]]>;
<![CDATA[Jetty Martje Patty]]>
<![CDATA[ TATOHI: Jurnal Ilmu Hukum Vol 1, No 7 (2021): Volume 1 Nomor 7, September 2021 ]]>
Publisher : <![CDATA[Faculty of Law Pattimura University ]]>
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<![CDATA[Introduction: There is a policy that the government is proposing in order to cope with the COVID-19 social disaster, which is followed by actions that affect it caused by actions that are not in accordance with the provisions contained in the legislation and are carried out by officials who have the authority to do otherwise and in accordance with the provisions which exists.Purposes of the Research: Reviewing and discussing acts of abuse of authority and unlawful elements of the distribution of social assistance are classified as criminal acts.Methods of the Research: This research is a normative legal research or legal research literature (Library research). Normative legal research examines laws that are conceptualized as applicable norms or rules. The applicable legal norms are in the form of written positive legal norms formed by statutory institutions (Basic Law, codification, laws, government regulations, and so on).Results of the Research: Abuse of authority in the distribution of social assistance is a form of crime, in the social assistance distribution program held by the government through the Ministry of Social Affairs of the Republic of Indonesia, it is proven to have abused authority. This can be proven by the case of unlawful elements of the abuse of authority over social assistance during the PSBB period by Juliari Batubara who is a former Minister of Social Affairs. The unlawful element in the act of abusing the authority of social assistance during the PSBB period is an act that is considered as an element of enriching oneself which is part of an unlawful act as contained in Article 2 and Article 3 of Law no. 31 of 1999 concerning the Eradication of Criminal Acts of Corruption, one of which is committing acts of enriching oneself or another person, or an entity and indirectly harming state finances and/or the state economy.]]>
<![CDATA[Penerapan Proses Restorative Justice Melalui Pendekatan Restorative Conferencing Initiatives Di Indonesia ]]>
<![CDATA[Melva Noya]]>;
<![CDATA[Elsa Rina Maya Toule]]>;
<![CDATA[Carolina Tuhumury]]>
<![CDATA[ TATOHI: Jurnal Ilmu Hukum Vol 1, No 4 (2021): Volume 1 Nomor 4, Juni 2021 ]]>
Publisher : <![CDATA[Faculty of Law Pattimura University ]]>
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<![CDATA[Introduction: The Restorative Converencing Initiative is a criminal settlement system that involves perpetrators, victims and related parties, in this way it is hoped that it can solve a crime with the aim of returning everything to its original state.Purposes of the Research: know how to apply the restorative conference initiative process in Indonesia and second, the author wants to examine the process of applying the restorative conference method in the criminal justice system in Indonesia.Methods of the Research: The research method used is Normative-Empirical legal research, the problem approach used is a conceptual approach using primary, secondary legal materials, qualitative analysis.Results of the Research: The results show that Restorative Converencing Initiatives are not something new in Indonesia. Long before the country became independent, indigenous groups had already resolved legal problems using the Restorative Converencing Initiatives. It's just that for naming according to the development of the legal world, then we are familiar with the term Restorative Converencing Initiatives. The settlement process varies according to prevailing customs and social systems in the community group. The basis for conflict resolution using the Converencing Initiatives method is to maintain a balance and kinship in the community.]]>
<![CDATA[Pengaturan Negeri Dalam Peraturan Daerah Di Kabupatan Seram Bagian Barat ]]>
<![CDATA[Obbie Yandri Samatuak]]>;
<![CDATA[Jemmy Jefry Pietersz]]>;
<![CDATA[Dezonda Rosiana Pattipawae]]>
<![CDATA[ TATOHI: Jurnal Ilmu Hukum Vol 1, No 5 (2021): Volume 1 Nomor 5, Juli 2021 ]]>
Publisher : <![CDATA[Faculty of Law Pattimura University ]]>
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<![CDATA[Introduction: The conflict between the SBB Regional Regulation Number 11 of 2019 concerning Villages and the SBB Regional Regulation Number 13 of 2019 concerning the State. where it has been determined that all 92 customary lands in the West Seram Regency as villages in the SBB Regional Regulation Number 11 of 2019 while in the SBB Regional Regulation Number 13 of 2019 until now the countries that already exist as customary lands in Seram Regency have not been determined.Purposes of the Research: This writing aims to find out and analyze the legal consequences of State regulations in Regional Regulation Number 11 of 2019 concerning Villages and Regional Regulation Number 13 of 2019 concerning the State against the State in West Seram Regency.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 results of the study show that the determination of customary lands carried out by the SBB Regency Government in SBB Regional Regulation Number 11 of 2019 Article 3 can basically be said to be not in accordance with applicable procedures. This can be seen from the issuance of Regional Regulation SBB Number 13 of 2019 concerning the country in Article 4 paragraph 3 which states that "The determination of customary law community units is carried out through identification of customary law communities by observing: a). History of indigenous peoples; b). Customary territory; c). Customary law; d). Assets and/or customary objects; and e). Customary government institutions/systems. The substance in the SBB Regional Regulation Number 13 of 2019 Article 4 paragraph (3) is a valid requirement in the supporting Article of the legal consequences of the land regulated in the SBB Regional Regulation Number 13 of 2019 so that the determination of the 92 customary lands in the SBB must be regulated in the SBB Regional Regulation Number 13 The year 2019 is no longer the SBB Regional Regulation Number 11 of 2019 which applies because the 92 villages regulated in the SBB Regional Regulation Number 13 of 2019 meet the requirements of a customary land.]]>
<![CDATA[Implementasi Hak Mengajukan Permohonan Pengujian Peraturan Perundangan Di Bawah Undang-Undang Oleh Kesatuan Masyarakat Hukum Adat ]]>
<![CDATA[Jhon Alberth Latuny]]>;
<![CDATA[Marthinus Johanes Saptenno]]>;
<![CDATA[Victor Juzuf Sedubun]]>
<![CDATA[ TATOHI: Jurnal Ilmu Hukum Vol 1, No 7 (2021): Volume 1 Nomor 7, September 2021 ]]>
Publisher : <![CDATA[Faculty of Law Pattimura University ]]>
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<![CDATA[Introduction: Law Number 3 of 2009 concerning the Supreme Court Article 31A paragraph (2) guarantees the existence of a customary law community unit and has the right to submit an application to the Supreme Court in terms of statutory regulations deemed that their rights are detrimental to the customary law community unit. However, customary law communities, especially in Ambon City, do not exercise their rights.Purposes of the Research: This writing aims to find out how the implementation of the right to submit requests for judicial review of statutory regulations under the law by indigenous peoples according to Article 31A of Law Number 3 of 2009 concerning the Supreme Court. Methods of the Research: The type of research used is juridical empirical. The procedure for collecting legal materials by conducting research in the form of interviews and observations as well as literature study of legal materials, namely primary legal materials and secondary legal materials. Then the legal materials that have been obtained are analyzed descriptively-qualitatively.Results of the Research: The results obtained are that the implementation of the right to file an application has not been carried out properly by the customary law community in Ambon City, due to the lack of action taken by the local government in providing understanding to the community about the rights they have.]]>
<![CDATA[Konflik Pemanfaatan Sumber Daya Perikanan Antara Indonesia Dan China Di Laut Natuna ]]>
<![CDATA[Daniel Nazareth Soplera]]>;
<![CDATA[Josina Augustina Yvonne Wattimena]]>
<![CDATA[ TATOHI: Jurnal Ilmu Hukum Vol 1, No 9 (2021): Volume 1 Nomor 9, November 2021 ]]>
Publisher : <![CDATA[Faculty of Law Pattimura University ]]>
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<![CDATA[Introduction: This study discusses the conflict in the use of fishery resources between Indonesia and China in the Natuna sea.Purposes of the Research: To show the provisions of the international legal area regarding the boundaries of the exclusive economic zone in the Natuna islands belonging to Indonesia which china claims as its own.Methods of the Research: This research uses the notmative legal research method which is carried out by examining legal materials related to the problem being studied.Results of the Research: The results of the study show that the conflict in the use of fisheries resources between Indonesia and China in the Natuna sea which is claimed by China based on the nine-dash line and traditional fishing ground is an unfounded reason. Because, in 1982 UNCLOS did not recognize the nine-dash line and the traditional fishing ground. Thas’s why Indonesia does a persistent objection through a diplomatic note, if Indonesia is considered to have complied with the nine-dash line and traditional fishing ground rules declared by china.]]>
