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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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Pengalihan Fungsi Situs Warisan Dunia Hagia Sophia Menurut Konvensi Warisan Dunia 1972 Devia Dewenia Matital; Dyah Ridhul Airin Daties
TATOHI: Jurnal Ilmu Hukum Vol. 1 No. 9 (2021): Volume 1 Nomor 9, November 2021
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v1i9.808

Abstract

Introduction: Hagia Sophia is a historic building in Turkey and has been a UNESCO World Heritage Site since 1934 and has now been converted into a mosque by President Erdogan. UNESCO is the only United Nations agency that has a specific task of protecting cultural heritage which is under international control. The protection of the world's creativity and cultural diversity is contained in Article 7 of the 1972 World Heritage Convention.Purposes of the Research: This writing aims to examine and analyze how UNESCO functions in providing protection for World Heritage Sites whether the function of the Hagia Sophia World Heritage Site is contrary to the 1972 World Heritage Site Convention.Methods of the Research: The research method in this paper uses a normative juridical research type. The research approach used is a statutory approach, a conceptual approach and a case approach. The procedure for collecting legal materials uses primary legal materials and secondary legal materials through books, articles, journals and the writings of legal experts, as well as legal materials analysis techniques in this study using qualitative analysis techniques.Results of the Research: The results obtained are to explain that The results obtained show that, UNESCO as an organization that has a function to protect and preserve world culture is embodied in the 1972 World Heritage Site Convention, UNESCO is obliged to provide assistance in the form of funding, preservation in terms of technique and professional training, related to the transfer of the status of Hagia Sophia. does not conflict with the 1972 World Heritage Convention, because the convention does not yet regulate the Transfer of the Status of Historic Buildings. For this reason, it is suggested that in the 1972 World Heritage Convention there should be rules governing the Transfer of the Status of a Historic Building Site that is already included in a World Heritage Site, while respecting the principle of state sovereignty and in terms of the protection of a Building Site there must be cooperation between the government where the heritage is located. with UNESCO so that efforts to protect and preserve a Building Site can be carried out properly.
Tanggung Jawab Para Pihak Dalam Perjanjian Jual Beli Online Dengan Sistem Cash On Delivery Haris S B Ong; Marselo Valentino Geovani Pariela
TATOHI: Jurnal Ilmu Hukum Vol. 1 No. 10 (2021): Volume 1 Nomor 10, Desember 2021
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v1i10.859

Abstract

Introduction: The COD system, which is the most popular payment method for the public in online buying and selling transactions, but buying and selling online with the COD system is still not understood by the parties, this is because disputes often arise from the parties when making transactions with the COD system.Purposes of the Research: To find out and analyze the form of responsibility of the parties in an online sale and purchase agreement with the COD system. Methods of the Research: The research method uses normative juridical legal methods with primary and secondary legal materials as sources of legal materials, then analyzed qualitatively.Results of the Research: The results show that the form of an online sale and purchase agreement through the COD system between the buyer and seller starts from determining the price, bargaining is carried out before the seller and buyer meet at the agreed location. The Agreements made legally have binding powers such as laws by each party, which creates a legal relationship that results in the emergence of rights and obligations for each party.
Perlindungan Hak Asasi Manusia Bagi Perempuan Kaum Minoritas Perspektif Hukum Internasional Nanulaitta, Hana Delvina; Baadila, Efie; Tahamata, Lucia Charlota Octovina
TATOHI: Jurnal Ilmu Hukum Vol. 1 No. 9 (2021): Volume 1 Nomor 9, November 2021
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v1i9.806

Abstract

Introduction: Cases of human rihts violations against women of the Rohingya ethnic minority by the Myanmar army and their protection for women of the Rohingya Ethnic minority in Myanmar.Purposes of the Research: This writing aims to find out and discuss the forms of regulation and protection of human rights law regarding minority women in international law.Methods of the Research: The research method in this writing uses the type of analytical prescriptive research. The research approach used is a statutory approach, a conceptual approach and a case approach. The procedure for collecting legal materials uses primary legal materials and secondary legal materials through books, articles, journals and the writings of legal experts, as well as legal materials analysis techniques in this study using qualitative analysis techniques.Results of the Research: The results obtained are to explain that related to human rights violations committed by the Myanmar army against women of the Rohingya ethnic minority, where in the process of enforcement and protection is not in accordance with what is done by the Myanmar government. Therefore, in order to maintain security, peace and peace together, it is necessary to have the role of world countries, especially the United Nations, ASEAN and the International Community to stop human rights violations.
Sistem Pemerintahan Desa Di Kabupaten Buru Selatan Salim, Rivaldy; Salmon, Hendrik; Bakarbessy, Andress Demy
TATOHI: Jurnal Ilmu Hukum Vol. 1 No. 8 (2021): Volume 1 Nomor 8, Oktober 2021
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v1i8.805

Abstract

Introduction: The customary law community unit on Buru Island is divided into several areas centered on a certain area. Where, the leader at the Regenschaap level is called the title Jou or Raja as in Central Maluku. However, in practice there is also a village government system that includes the village head and village government staff as well as the Village Consultative Body.Purposes of the Research: To study and find out whether the village government system in the southern hunting district is still based on customary law values or not.Methods of the Research: The type of research used is research that will be used in the research is normative legal research.Results of the Research: The village government system in the southern buru district still has traditional values called the Fena which consists of (marga-marga) uniting themselves in an alliance, and has the highest leader called Mat Gugul. The village government system in South Buru Regency with construction combining the functions of self-governing community (customary village) with local self-government (village), where there is a Fena led by a village head, who is accompanied by a Saniri institution consisting of Geb. 'ha (soa) and soa represent the clan which is also known as Fena. In addition, there is also the Regenschaap government which can also be referred to as the leader in the territory led by Jou or Raja. A Regenschaap oversees several villages.
Kualifikasi Tindak Pidana Pornografi (Studi Kasus Video Porno Artis Ga) Yodhi P S Huwae; Elsa Rina Maya Toule; Jacob Hattu
TATOHI: Jurnal Ilmu Hukum Vol. 1 No. 8 (2021): Volume 1 Nomor 8, Oktober 2021
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v1i8.804

Abstract

Introduction: The case that ensnared the artist with the initials GA due to the circulation of this shocking 19-second video began to spread at the end of November 2020. Polda Metro Jaya has named the artist Gisella Anastasia and a man with the initials MYD as suspects in a porn video case that went viral on social media. Gisel and MYD were accused of violating Law No. 44 of 2008 on Pornography, which carries a maximum penalty of 12 years in prison. Sister GA and brother MYD were named suspects, suspected of under Article 4 paragraph 1 Juncto Article 29 and or Article 8 of Law Number 44 concerning Pornography.Purposes of the Research: To Know and Analyze the Application of Article Elements in Law Number 44 of 2008 concerning Pornography and the qualification of GA's Acts as Pornographic Acts.Methods of the Research: The method used is normative legal research. The research approach is a statutory approach and a conceptual approach. Sources of legal materials used are primary legal materials, secondary legal materials, and tertiary legal materials. The technique of collecting legal materials is through literature study and then analyzed through a perspective using qualitative methods.Results of the Research: The results showed that GA's actions were against the law, therefore GA's actions met the criminal element and could be applied to Article 4 Paragraph (1) in conjunction with Article 8 of Law Number 48 of 2008 concerning Pornography. And GA's actions can be qualified as pornographic criminal acts because what GA did was negligence or negligence (lack of care), or lack of attention, and that as stated by GA together with MYD the facts have been obtained. Considering, that based on these facts, it can be seen that GA admits that she is the female actor in an adult video video that went viral on social media some time ago. During the examination while still being a witness, Gisel is also said to have admitted that the video was recorded in 2017, at a hotel in Medan, North Sumatra. The determination of the suspect against Gisel and MYD was after the police conducted two examinations as witnesses and held the case. and that taking into account these circumstances, according to the author, due to his negligence or negligence, it has been fulfilled and proven, therefore the negligence or omission by GA can be held legally responsible.
Penegakan Hukum Terhadap Judi Online Pada Masa Pandemi Covid-19 Singadji, Widya Natalia; Hehanussa, Deassy Jacomina Anthoneta; Supusepa, Reimon
TATOHI: Jurnal Ilmu Hukum Vol. 1 No. 8 (2021): Volume 1 Nomor 8, Oktober 2021
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v1i8.803

Abstract

Introduction: The crime rate in Indonesia has increased during the Covid-19 pandemic, this is because many people have been laid off (Termination of Employment) so that many do things that are against the law because they are faced with economic problems, one of which is by playing online gambling (togel) which is used as entertainment in the midst of this pandemic or as a livelihood for some people.Purposes of the Research: The purpose of this study is to analyze and explain the mechanism of law enforcement against online gambling during the Covid-19 Pandemic, as well as analyze and explain the obstacles encountered by law enforcement officers in dealing with online gambling during the Covid-19 Pandemic.Methods of the Research: The method used is normative juridical with a statutory approach, a conceptual approach and a case approach. Sources of legal materials used are primary and secondary. The technique of collecting is through literature study and analyzed by means of description using qualitative methods.Results of the Research: The process of law enforcement during the Covid-19 pandemic is the same as before the pandemic, but the process must implement health protocols and the implementation of Rapid Tests for perpetrators and witnesses, in the process of examining witnesses before the Covid-19 pandemic can be examined at once but during the Covid-19 pandemic the examination Witness must have a regulated distance or the examination mechanism cannot be done all at once, this is what slows down the examination process.
Penerapan Sanksi Denda terhadap Pelaku Pelanggaran Protokol Kesehatan Covid 19 Reonaldo Charlos Pattipeilohy; John Dirk Pasalbessy; Elias Zadrach Leasa
TATOHI: Jurnal Ilmu Hukum Vol. 1 No. 8 (2021): Volume 1 Nomor 8, Oktober 2021
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v1i8.802

Abstract

Introduction: The government as a policy maker has made Covid-19 a non-natural national disaster.Purposes of the Research: Knowing and analyzing the inhibiting factors for the application of fines to perpetrators of health protocol violations.Methods of the Research: The research method used is normative legal research. With the approach used, namely the statute approach, and the conceptual approach.Findings of the Research: The findings of this study indicate that the inhibiting factors for the application of fines to perpetrators of violations of the COVID-19 health protocol in Ambon city are natural conditions that have an impact on the prevalence of violations, community economic factors that are the main concern when fines are imposed on violators and community dissatisfaction factors which often do not. receive when subject to fines which have implications for the delay in the application of fines.
Pembatalan Sertifikat Hak Milik Atas Tanah Wa Ode Hasbia; Adonia Ivone Laturette; Sabri Fataruba
TATOHI: Jurnal Ilmu Hukum Vol. 1 No. 8 (2021): Volume 1 Nomor 8, Oktober 2021
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v1i8.801

Abstract

Introduction: The certificate of the cancellation of the land ownership is the cancellation of the rights of land because the right receiver doesn’t fulfill the qualifications that be setted.Purposes of the Research: To analize and Study juridically, the accuracy of the certificate cancellation of the land ownership Number 345 Year 2002 in Batu Merah village, Sirimau District, Ambon City, dan to analize and study the legal effort from the owner of the certificate of land ownership Number 345 Year 2p02 di Batu Merah village, Sirimau District, Ambon city.Methods of the Research: This observation is a normative observation, which study the clauses of positive law, law principles, or doctrine to answer the law issues that be faced.Results of the Research: This observation shows that the cancellation of the land ownership procedures have judex jures law with the existence of Peraturan Daerah Provinsi Maluku Number 10 Year 2005 About Penetapan Daerah Negeri sebagai kesatuan masyarakat ukum adat di negeri batu merah, and on the certificate factors Number 345 Year 2002 That Badan Pertanahan Nasional (National Land Agency) has Setted the Putusan Mahkamah Agung Number 305 PK/Pdt/2016.
Itikad Baik Konsumen Dalam Pemanfaatan Air Bersih Usmany, Dominggus Pier; Kuahaty, Sarah Selfina; Pesulima, Theresia Louize
TATOHI: Jurnal Ilmu Hukum Vol. 1 No. 8 (2021): Volume 1 Nomor 8, Oktober 2021
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v1i8.800

Abstract

Introduction: Some of the findings of cases carried out by the Regional Drinking Water Company of Ambon City, in fact, consumers as customers do not use clean water in accordance with the Consumer Protection Law which regulates consumer obligations, especially consumers' good ethics towards companies.Purposes of the Research: To find out the form of consumer good faith in the use of clean water and legal remedies that can be taken by business actors against consumers who do not have good intentions in the use of clean water.Methods of the Research: The method used is normative legal research. The research approach is a statutory approach and a conceptual approach. Sources of legal materials used are primary legal materials, secondary legal materials, and tertiary legal materials. The technique of collecting legal materials is through literature study and then analyzed through a perspective using qualitative methods.Results of the Research: The results of the study indicate that consumers/customers are obliged to carry out their obligations to the Regional Drinking Water Company of Ambon City. Legal Efforts to resolve disputes, broadly speaking, there are two models of civil dispute resolution, namely litigation and non-litigation. These two types of dispute resolution models are anticipated when a dispute cannot be resolved with only one settlement model. Consumers who have obtained their rights from the Regional Drinking Water Company of Ambon City/business actors but they do not have the good faith to carry out their obligations may be subject to sanctions.
Tindakan Perompakan Di Laut Dalam Perspektif ASEAN Celine Elisabeth Jenny Latusia
TATOHI: Jurnal Ilmu Hukum Vol. 1 No. 8 (2021): Volume 1 Nomor 8, Oktober 2021
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v1i8.799

Abstract

Introduction: This study discusses acts of piracy that still occur in waters in various countries, especially in the Southeast Asian region. The International Chamber of Commerce's International Maritime Bureau notes that pirate attacks on ships in Southeast Asian waters are increasing sharply. Meanwhile, articles 100-107 of the United Convention On the Law Of The Sea 1982 (UNCLOS 1982) provide a framework for suppressing piracy under international law. So it is necessary to study the regulation of cooperation in International Legal Instruments and examine ASEAN countries to cooperate in dealing with acts of piracy at sea.Purposes of the Research: To study and know the arrangements regarding international cooperation regulated in International Law. To study and find out that ASEAN countries have collaborated in dealing with piracy at sea.Methods of the Research: The method used in this research is the type of normative juridical research method, the type of descriptive analytical research, the source of legal materials, namely primary legal materials, secondary legal materials and tertiary legal materials. Legal Material Analysis and Legal Material Analysis Methods.Results of the Research: The results of this study indicate that the arrangements for international cooperation between countries in International Legal Instruments are contained in article 13 of the United Nations Charter. International cooperation is also carried out based on provisions that have been agreed upon by the cooperating countries. Currently, there are two international treaties that regulate acts of piracy, namely the United Nations Convention on the Law of the Sea 1982 and the Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation 1988. There are several international organizations that regulate piracy including the International Maritime Organization, International Maritime Bureau, and for the Southeast Asia region, the ASEAN Maritime Forum as a form of realization of the ASEAN political-security community blueprint which serves as a dialogue forum to discuss appropriate steps against maritime threats such as piracy and piracy.

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