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TATOHI: Jurnal Ilmu Hukum
Published by Universitas Pattimura
ISSN : -     EISSN : 2775619X     DOI : -
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 476 Documents
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Penerapan Prinsip Non-Refoulment Kepada Pengungsi Etnis Rohingnya oleh Negara Asean Krismansia Matulessy; Lucia Charlota Octovina Tahamata; Dyah Ridhul Airin Daties
TATOHI: Jurnal Ilmu Hukum Vol 1, No 10 (2021): Volume 1 Nomor 10, Desember 2021
Publisher : Faculty of Law Pattimura University

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Introduction: This study discusses the application of the principle of non-refoulement that has been agreed upon in the 1951 Convention concerning the Status of Refugees against Rohingya Ethnic Refugees by Asean Countries.Purposes of the Research: Analyzing and knowing the urgency Analyzing the application of the principle of non-refoulement to Rohingya refugees by ASEAN countries. 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: Non-refoulement has binding power and must be obeyed by every country in the world considering that the principle of non-refoulement has a correlation with the principle of ius congens/jus congens which is coercive and bound for every State to implement it, both countries that are directly involved in the Convention and who are not involved. The implementation of the principle of non-refoulement against the Rohingya by ASEAN has not been fully implemented effectively. This can be seen from several ASEAN countries that are not proactive in handling the problem of Rohingya refugees. ASEAN as a Regional Organization that has the authority to intervene in human rights issues in Southeast Asia cannot act effectively because it is subject to the principles of non-intervention and consensus.
Urgensi Penetapan Pas Lintas Batas Antara Pulau Atauro (Timor Leste) Dan Pulau Lirang (Indonesia) Dari Perspektif Hukum Keimigrasian Yansen Paulus Rinaldy Andries; Arman Anwar
TATOHI: Jurnal Ilmu Hukum Vol 1, No 10 (2021): Volume 1 Nomor 10, Desember 2021
Publisher : Faculty of Law Pattimura University

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Introduction: This study discusses the problem that has not been applied to the Cross-border Pass between the island of Atauro (Timor Leste) and the Island of Lirang (Indonesia) which has resulted in people from the two islands being able to freely enter and exit the border area without immigration checks. Indonesia.Purposes of the Research: Analyzing and knowing the urgency of establishing a cross-border pass between Atauro Island (Timor Leste) and Lirang Island (Indonesia) from the perspective of immigration law. 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 urgency of establishing a cross-border pass between the island of Atauro (Timor Leste) and Lirang Island (Indonesia) from the perspective of immigration law, namely: other laws, such as economic law, international law and criminal law. In connection with this, if there is no permission from each country for its citizens to cross the border area then this action is an illegal act or a violation in the field of immigration. Therefore, the determination of the Cross-Border Pass and the construction of the Cross-Border Post must immediately be carried out on Atauro Island (Timor Leste) and Lirang (Indonesia).
Advance Purchase Agreement Sebagai Instrumen Pembatasan Memperoleh Vaksin COVID-19 dari Perspektif Hukum Internasional Mariah Agnes Matakena; Johanis Steny Franco Peilouw
TATOHI: Jurnal Ilmu Hukum Vol 1, No 10 (2021): Volume 1 Nomor 10, Desember 2021
Publisher : Faculty of Law Pattimura University

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Introduction: During the COVID-19 pandemic, there was a global race to procure vaccines. Developed nations were able to procure prioritized access to many vaccines through Advance Purchase Agreements with vaccine developers due to their ability to invest more money, however this restricted developing nations to procure theirs.Purposes of the Research: This issue poses the question whether Advance Purchase Agreements as a form of restriction towards the procurement of COVID-19 vaccines is accepted from the perspective of international law. Methods of the Research: Type of research used is juridical normative, that is concept of law that is textual (law in books) or concept of law as a norm as guidance to how society behave in proper manner, by using case approach, statue approach and conceptual approach.Results of the Research: The results showed that Advance Purchase Agreement’s (APA) are not acceptable from the perspective of international law. The use of APA to secure prioritized access to vaccines at the expense of developing nations infringes on their right to health hence violates the principle of good faith due to being an instrument of restriction towards ability of developing nations to procure vaccines and their right to health. Furthermore, Advance Purchase Agreements, overstep the provisions of the Declaration on the TRIPS Agreement and Public Health 1995 as well as the Declaration of the Right to Development adopted by the General Assembly 1986.
Kajian Terhadap Pengaturan Sanksi Denda Administratif Dalam Peraturan Daerah Tentang Pembatasan Sosial Berskala Besar Ghufran Syahputera Walla; Hendrik Salmon; Julista Mustamu
TATOHI: Jurnal Ilmu Hukum Vol 1, No 9 (2021): Volume 1 Nomor 9, November 2021
Publisher : Faculty of Law Pattimura University

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Introduction: This article discusses the study of the regulation of administrative fines in regional regulations regarding PSBB.Purposes of the Research: The purpose of this article is to find out and analyze administrative fines and to find out and analyze the regulation of administrative fines in regional head regulations.Methods of the Research: The type of research used is normative legal research, which is a research that mainly examines positive legal provisions, legal principles, legal principles and legal doctrines in order to answer the legal issues faced.Results of the Research: The results of this study are administrative sanctions as a reaction carried out by the administrative body, is a dimension of unilateral administrative decision-making power. This power is the power to decide, apply and enforce sanctions against individuals who violate the norms of administrative law (public order). Meanwhile, administrative fines are sanctions imposed on administrative violations or administrative regulatory provisions which can be in the form of revocation of permits, dissolution, supervision, temporary dismissal, administrative fines, or police coercion. Ambon Mayor Regulation No. 18 of 2020 which regulates Legal Sanctions is inaccurate and tends to be problematic, not only in material terms but also in formal terms because it has weaknesses: First, because the Mayor's Regulation is not a statutory regulation that is recognized for its existence according to the provisions of Article 7 of the Law Formation of Laws , but the laws and regulations mentioned in the provisions of Article 8 of the Law on the Formation of Legislation which are recognized for their existence and have binding legal force as long as they are ordered by a higher Legislation or are formed based on authority. Second, the regulation of administrative fines in Mayor Regulation No. 18 of 2020 is also inappropriate because Administrative Sanctions are sanctions imposed on administrative violations or administrative provisions of regulations.
Pertanggung Jawaban Hukum Pelaku Tindak Pidana Penyuapan Valentino Wenno
TATOHI: Jurnal Ilmu Hukum Vol 1, No 9 (2021): Volume 1 Nomor 9, November 2021
Publisher : Faculty of Law Pattimura University

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Introduction: Bribery is a form of corruption. The crime of bribery itself has basically been regulated in Law Number 11 of 1980 concerning the Crime of Bribery. One of the crimes of bribery that occurred to the head of the Angin Timur, namely AL.Purposes of the Research: This writing aims to find out and discuss the forms of legal responsibility for the perpetrators of the crime of bribery.Methods of the Research: The research method in this paper uses a normative juridical research type. The research approach used is a statutory approach and a conceptual approach and a case approach. The procedure for collecting legal materials uses library research, as well as processing and analyzing legal materials in this study using editing, systematization and description processing as well as qualitative analysis.Results of the Research: The form of legal responsibility in the crime of bribery is based on a criminal basis, meaning that in this case criminal liability is appropriate. Then criminal responsibility is basically carried out individually because the actions taken are like individual actions. With reference to criminal liability which is essentially carried out individually, there is a very important relationship from this form of criminal responsibility, (1) namely the indication of a criminal act; (2) Perpetrators because of their actions are capable of being held accountable; (3) There is intentional or negligence; and (4) There is no forgiveness for the actions of the perpetrator.
Pertimbangan Penyidik Dalam Penetapan Status Tersangka Dalam Kasus Video Porno Oktovianus Nurlatu; Elsa Rina Maya Toule; Julianus Edwin Latupeirissa
TATOHI: Jurnal Ilmu Hukum Vol 1, No 9 (2021): Volume 1 Nomor 9, November 2021
Publisher : Faculty of Law Pattimura University

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Introduction: Determition of GA as a suspect in the case of his personal pornographic video, together with MYD, on GA social media, he was charged with the prohibition of article 4 paragrahp (1) of law number 44 of 2008 concerning pornography, article 4 paragraph (1) in its explanation of making and for its own sake. And GA is a victim, but in fact investigators set GA as a suspect.Purposes of the Research: Explain about what is the basis for determining GA as a suspect in a porn video case and proving pornographic elements in the determination of GA as a suspect in a porn video case.Methods of the Research: The type of research used is normative juridical research. The approach to the problem used is a statutory approach that prioritizes legal materials and a case approach.Results of the Research: Based on the results of the study, it can be concluded that it is based on preliminnary evidence, namely evidence of  GA’s confession and evidence of  a 19-second video clue that exists who  confirm that the person in the 19-second porn video is GA.that GA’s actions meet the qualifications of the elemens of article 4 paragraph (1) in conjunction with  article 29 of the pornography law, related to the elements of his actions, namely producing and making, as well as elemens of the object of his actions, namely making videos of sexual activities with MYD and fulfilling the qualifications of the elemens of article 8 juncto article 34 of the pornography law, namely subjective elements and objective elemens because they intentionally or with their consent become objects containing pornography law in the future,it can be emphasized so that in carrying  out law enforcement efforts related to pornograhy cases it will be better without violating the human rights of the community.
Perlindungan Tenaga Kerja Tanpa Kontrak Kerja Pada Kapal Penangkap Ikan (Bobo) Nila Juwita Mahulette; Sarah Selfina Kuahaty; Sabri Fataruba
TATOHI: Jurnal Ilmu Hukum Vol 1, No 9 (2021): Volume 1 Nomor 9, November 2021
Publisher : Faculty of Law Pattimura University

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Introduction: Protection of Workers who work without an employment contract on fishing vessels owned by CV Tehoru. In carrying out work between workers and employers, there must always be a contract or work agreement.Purposes of the Research: Analyzing and Reviewing how to pay responsibilities to fishing workers by CV Tehoru as the employer.Methods of the Research: This research is included in normative legal research, namely research examining positive legal provisions, legal principles. Legal principles and doctrines to answer legal issues faced.Results of the Research: CV Tehoru uses a time unit wage system and a unit wage system. The time unit wage can be given by the employer based on the working time, that is, a matter of hours, days or a month, while the unit wage can be given based on the income result in accordance with the work agreement between the two parties. Although wages are based on units of result and units of time, a company must also adhere to a legal system that regulates drinking wages which are regulated by the central government or local governments.
Perlindungan Hak Anak Menurut Konvensi Hak Anak Tahun 1989 Ditengah Krisis Global Covid-19 Oldrik Metekohy
TATOHI: Jurnal Ilmu Hukum Vol 1, No 9 (2021): Volume 1 Nomor 9, November 2021
Publisher : Faculty of Law Pattimura University

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Introduction: The rights of children who are deprived of their freedoms that occur in the midst of the global Covid-19 crisis that require legal attention and protection.Purposes of the Research: Knowing and analyzing about the legal protection of the rights of children who are deprived of their freedom in the midst of the global Covid-19 crisis according to the 1989 Convention on the Rights of the Child.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 children's rights in the midst of a pandemic are still common, both physically and mentally. There are still many violations of the 1989 Convention on the Rights of the Child.
Fungsi WHO Dalam Penanganan Pandemi Covid-19 dan Dampaknya Bagi Hak Asasi Manusia Janri Jacob Bakarbessy
TATOHI: Jurnal Ilmu Hukum Vol 1, No 9 (2021): Volume 1 Nomor 9, November 2021
Publisher : Faculty of Law Pattimura University

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Introduction: The World Health Organization (WHO) is one of the United Nations agencies that acts as the international public health coordinator. The function of the World Health Organization (WHO) is to achieve maximum health for all people around the world. But in reality, WHO seems powerless to handle the Covid-19 pandemic and provide protection for human rights.Purposes of the Research: The purpose of this study is to see and study the implementation of WHO's function in mitigating the Covid-19 pandemic and its impact on human rights.Methods of the Research: The research method in this writing uses the type of research "analytical prescriptive", meaning that the data found is then analyzed and discussed based on the theoretical framework and thoughts of several experts so that the results can only be described to help draw conclusions with suggestions. The technique of collecting legal materials through literature study and qualitative analysis techniques.Results of the Research: The results show that WHO, which was founded on April 7, 1948, has been mandated in the provisions of Articles 57 and Article 63 of the United Nations Charter, is a world health organization that aims to ensure that all people are guaranteed health and well-being on a universal scale. WHO acts as health coordinator in health emergencies. In carrying out the WHO function in handling the Covid-19 pandemic, at first the outbreak of the Covid pandemic was considered slow and the provision of health services was discriminatory. With the lack of anticipation and the WHO's initiative to issue policies to break the chain of the spread of Covid-19, this has greatly impacted countries, health workers and communities around the world, especially restrictions on human rights in the economic, social and cultural fields.
Sengketa Hukum Penggunaan Non Navigasi Jalur Air Internasional Antar Negara Perbatasan Lidia Wihelmina Tutuhatunewa; Veriena Josepha Batseba Rehatta
TATOHI: Jurnal Ilmu Hukum Vol 1, No 9 (2021): Volume 1 Nomor 9, November 2021
Publisher : Faculty of Law Pattimura University

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Introduction: On 6 June 2016 Chile sued Bolivia for its claim that the Silala river belong to Bolivia in its entirety and is not an international watercourse. The problems studied are the regulation on the use of non-navigating international watercourses formulated by international legal instruments and the law of non-navigational uses of international watercourse between Bolivia-Chile as border countries.Purposes of the Research: The purpose of this research is to resolve the border dispute between Bolivia and Chile, to find a middle point or a better solution.Methods of the Research: This study uses a normative juridical method with the legal material used in the study is the Non-Navigational Law on the Use of International Watercourses (UNWC) with the use of literature study techniques in the form of international legal regulations, scientific works and literature.Results of the Research: The results of this study indicate that the regulation on the use of non-navigational international waterways is formulated in an international legal instrument, namely the United Nation Convention on the Law of the Non-navigational Uses of International Watercourses ( UNWC) and the bilateral agreement between Bolivia and Chile, namely the 1904 Treaty of Peace & Friendship (Peace Agreement 1904) and is used as a source of law to resolve the Silala River dispute case. Meanwhile, the settlement of legal disputes on the use of non-navigating international waterways between the Bolivia-Chile border countries can be resolved by means of mediation. Both parties can use the Convention on the Law on the Use of Non-Navigation of International Watercourse and the provisions agreed upon in the bilateral agreement, namely the Treaty of Peace & Friendship 1904 as the main legal material to reach an agreement. Or both parties can stick to their respective demands and defenses.

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