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Muchtar A H Labetubun
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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 300 Documents
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Perlindungan Hukum Terhadap Kurir Dalam Sistem Cash On Delivery Helmi Djardin; Merry Tjoanda; Muchtar Anshary Hamid Labetubun
TATOHI: Jurnal Ilmu Hukum Vol 2, No 1 (2022): Volume 2 Nomor 1, Maret 2022
Publisher : Faculty of Law Pattimura University

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Abstract

Introduction: The Cash On Delivery method is often used by the public in online purchases, the lack of public knowledge of the Cash On Delivery payment system creates new problems when the purchase of goods does not match, the buyer does not want to pay for his order and threatens and violence against the courier.Purposes of the Research: Analyze and examine how the rights and obligations between the parties in online transactions with the Cash On Delivery system and how the legal protection of couriers in the Cash On Delivery system. 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 the legal issues faced.Results of the Research: In buying and selling online using the Cash On Delivery system, there are parties involved, namely the marketplace, sellers, consumers, and shipping service companies (couriers). This sale and purchase creates rights and obligations that must be fulfilled, in this case there are no regulations that specifically regulate the protection of couriers, but the employer company is required to provide protection to its workers. The company is responsible for occupational safety and health, including work accidents.
Perlindungan Hukum Bagi Penerima Waralaba Dalam Pemutusan Perjanjian Secara Sepihak Arifin Rappe; Sarah Selfina Kuahaty; Theresia Louize Pesulima
TATOHI: Jurnal Ilmu Hukum Vol 2, No 1 (2022): Volume 2 Nomor 1, Maret 2022
Publisher : Faculty of Law Pattimura University

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Abstract

Introduction: A franchise agreement is a special agreement or also called an anonymous agreement, because it is not found in the Civil Code.Purposes of the Research: This writing aims to examine and discuss legal protection for franchisees related to unilateral termination of agreements made by the franchisor. Methods of the Research: The method used is a normative juridical research method using a statutory approach and a conceptual approach.Results of the Research: The results obtained from the research, the impact of unilateral termination of the agreement causes franchisees to sue and resolve disputes by way of deliberation by giving a warning or subpoena and also through out-of-court channels in accordance with Law Number 30 of 1999 paragraph (1) concerning Arbitration and alternative dispute resolution. This is also inseparable from the franchisor's responsibility for unilaterally terminating the agreement to the franchisee and the franchisee has the right to claim losses in accordance with Article 1243-1252 of the Civil Code.
Putusan Permanen Court Of Arbitration Dalam Sengketa Antara Philipina-China Dan Implikasinya Bagi Stabilitas Keamanan Di Laut China Selatan Yavier Pattiasina; Josina Augustina Yvonne Wattimena; Johanis Steny Franco Peilouw
TATOHI: Jurnal Ilmu Hukum Vol 2, No 1 (2022): Volume 2 Nomor 1, Maret 2022
Publisher : Faculty of Law Pattimura University

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Abstract

Introduction: The Permanent Court of Arbitration (PCA) clarifies China's claim regarding historic rights in relation to maritime areas in the South China Sea which are claimed using the nine-dash line, which is contrary to the 1982 Law of the Sea Convention because in 2016 it was contrary to the 1982 Law of the Sea Convention because in 2016 the Permanent Court of Arbitration (PCA) has declared that the area(Reed Bank) is within the Philippine Exclusive Economic Zone.Purposes of the Research: This writing aims to understand and determine the nature of the decision of the permanent court of arbitration in the dispute between the Philippines-China in the South China Sea. Methods of the Research: The research method in this paper uses a prescriptive analytical 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 result obtained is that the decision of the Permanent Court of Arbitration (PCA) is final and binding, meaning it must be respected and obeyed by the parties to the dispute, therefore China's argument regarding the nine dash line is an international violation because it does not respect the Permanent Court of Arbitration (PCA) as a the institution that handles the dispute has issued a decision. The implication of the decision of the Permanent Court of Arbitration (PCA) for security stability in the South China Sea is that the PCA decision related to the SCS dispute is a clarification or interpretation of the PCA against the 1982 Law of the Sea Convention so that it can become a source of law that is generally accepted or binding on all countries. The PCA decision can be used as a means to weaken China's argument.
Perlindungan Gedung Perwakilan Diplomatik Republik Indonesia Dalam Konflik Bersenjata di Yaman Rusvinna Rizky Hariyanti; Arman Anwar; Dyah Ridhul Airin Daties
TATOHI: Jurnal Ilmu Hukum Vol 2, No 1 (2022): Volume 2 Nomor 1, Maret 2022
Publisher : Faculty of Law Pattimura University

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Abstract

Introduction: The diplomatic representative building is a place used to carry out all activities related to the mission of diplomatic officials and has been protected by law. But in reality, the diplomatic mission building has always been the target of armed conflict and caused such destruction that diplomatic representatives could not carry out their duties properly.Purposes of the Research: Know and analyze the protection arrangements of diplomatic representative buildings according to the Vienna Convention on Diplomatic Relations 1961. Methods of the Research: The research method used is normative legal research by reviewing legal literature using statutory regulations, case approaches and conceptual approaches.Results of the Research: The results of the research showed that the diplomatic representative building is legally protected under Article 22 of the Vienna Convention on Diplomatic Relations 1961. The convention obliges the receiving state to take all steps to protect the mission building against intrusion or destruction. This obligation applies even if the receiving country is in an armed conflict, whether international or non-international. The armed conflict in Yemen caused the destruction of the Indonesian diplomatic representative building. Therefore, Yemen as a receiving country is considered negligent in carrying out protection and is required to be responsible internationally.
Kualifikasi Pelaku Tindak Pidana Pengrusakan Barang yang Dilakukan Secara Bersama-Sama Mei Indah Ngilyaubun; Juanrico Alfaromona Sumarezs Titahelu; Jacob Hattu
TATOHI: Jurnal Ilmu Hukum Vol 2, No 4 (2022): Volume 2 Nomor 4, Juni 2022
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i4.1102

Abstract

Introduction: The current crimes encountered are crimes committed jointly or with participation (deelneming).Purposes of the Research:  The purpose of the study is to analyze and discuss how the qualifications of each actor in the crime of destroying other people's property are carried out together and to analyze and discuss how the form of accountability of the perpetrators of the criminal act of destroying other people's property is carried out together.Methods of the Research: This method of research in writing uses a type of normative juridical research that examines positive legal provisions, legal principles, and legal doctrines, using approaches: statute approach and conceptual approach. The technique of collecting legal materials through literature studies and legal material analysis techniques in this study uses qualitative analysis techniques.Results of the Research: Based on the results of the research, the qualifications of each defendant are not the same, namely the defendant Helmi Untarola who has acted as an advocate (uitlokker) as well as a perpetrator (pleger) in the crime. Then there were 3 (three) other defendants, namely the defendant Ayub Marshel Balubun, the defendant Frangky Wakim, and the defendant Marten Wakim who had followed the advice of the defendant Helmi Untarola. Defendant I Helmy Untarola Defendant II Ayub Marshel Balubun, Defendant III Franky Wakim, and Defendant IV Marten Wakim were proven legally to have committed a criminal act of "Damaging other people's property together and based on the Dobo District Court Decision Number 32/Pid.B/2020/ PN. Dobo the defendants were sentenced to 5 months and paid court fees of Rp. 2000 (two thousand rupiah) each.
Tanggung Jawab Pemerintah Dalam Perencanaan Pembangunan Kecamatan Yang Partisipatif Falantina Theresia Naryemin; Jantje Tjiptabudy; Erick Stenly Holle
TATOHI: Jurnal Ilmu Hukum Vol 2, No 5 (2022): Volume 2 Nomor 5, Juli 2022
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i5.1115

Abstract

Introduction: The administration of government through Law Number 23 of 2014 concerning Regional Government is one of the means in realizing a democratic government that involves all the potential of the community to participate in thinking and managing regional government. The purpose of this study was to determine how the form of government responsibility in participatory development planning and to find out what factors influence community participation in development planning.Purposes of the Research:  The purpose of this research was to determine how the form of government responsibility in participatory development planning and to find out what factors influence community participation in development planning.Methods of the Research: The research method used is a normative legal research method. The problem approach used is the statutory approach, the conceptual approach. The legal materials used are primary legal materials and secondary legal materials. Procedures and Collection of Legal Materials using the method of inventorying laws and regulations and Processing and Analysis of legal materials using data analysis techniques with deductive logic.Results of the Research: Based on the results of the study, it can be concluded that the Kudamati sub-district government has made efforts and roles, such as inviting the community to participate in various village activities with the aim of increasing community participation in development in accordance with the content, objectives, and intentions of each development program that wants to be implemented in accordance with with their responsibilities and the community as supporting factors, it is stated that it is not good if it is seen from the low participation of the Kudamati Village community.
Pertanggungjawaban Perbankan Sebagai Korporasi Atas Penggelapan Dana Nasabah yang Dilakukan oleh Pegawai Bank Suci Sulistiawati; Elsa Rina Maya Toule; Margie Gladies Sopacua
TATOHI: Jurnal Ilmu Hukum Vol 2, No 5 (2022): Volume 2 Nomor 5, Juli 2022
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i5.1114

Abstract

Introduction: This article examines the judges' considerations in imposing criminal penalties against defendants who commit banking crimes under Article 49 paragraph (1) letters a and b of the Law of the Republic of Indonesia Number 10 of 1998 in conjunction with Article 64 paragraph (1) of the Criminal Code in the Supreme Court Decision Number 470/pi.B/2021/PN.AMB with the problem of fraud mode. Purposes of the Research: This study aims to analyze and explain the process of law enforcement for criminal acts in the embezzlement of customer funds by bank employees at PT.Bank BRI Ambn branch. Methods of the Research: The type of research used is legal research "Normative Juridical"..Results of the Research: The results of the study indicate that according to the Banking Law, corporations cannot be held criminally responsible, but rather those who give orders or are leaders of corporations. In the event that a bank commits a crime or does not fulfill its obligations from Bank Indonesia, the bank concerned will be subject to administrative sanctions. Then in the event that an employee or bank employee commits a crime, criminal liability is imposed on an individual (perpetrator) or corporate management with a record that the corporation has benefited from the crime committed by the employee.
Penyalahgunaan Senjata Tajam Oleh Masyarakat Adat Ratu Boi Maira Suat Pasai; Reimon Supusepa; Iqbal Taufik
TATOHI: Jurnal Ilmu Hukum Vol 2, No 5 (2022): Volume 2 Nomor 5, Juli 2022
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i5.1113

Abstract

Introduction: Prohibited acts other than firearms and explosives include those that are not firearms because it is prohibited to carry bats, stabbing and stabbing tools.Purposes of the Research: To describe the abuse and the factors that hinder the legal handling of sharp weapons by indigenous peoples. Methods of the Research: This research method is a type of empirical juridical research, or called field research, examining applicable legal provisions, and its actual actions that occur in society itself.  Results of the Research: Misuse of sharp weapons by Indigenous Peoples in Waesama Subdistrict, South Buru Regency and the occurrence of murder cases due to carrying sharp vessels in the form of machetes in the general environment of the community, saying that "carrying sharp weapons has become their habit for generations, which is always carried wherever they travel both in the forest and the general environment of the community and part of their activity. The factors hindering the legal handling of sharp weapons abuse in Waesama District, South Buru Regency, are caused by internal and external factors. Internal factors are the existence of a habit that is cultivated, the curator of awareness and knowledge of indigenous peoples is lacking. Meanwhile, extenal factors are religious and educational factors.
Penyelundupan Narkotika Di Lembaga Pemasyarakatan Nadya Riska Wati Rumain; Deassy Jacomina Anthoneta Hehanussa; Julianus Edwin Latupeirissa
TATOHI: Jurnal Ilmu Hukum Vol 2, No 5 (2022): Volume 2 Nomor 5, Juli 2022
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i5.1112

Abstract

Introduction: The research of this thesis is that the Correctional Institution or better known as Lapas is a place to foster inmates to become fully human, realize mistakes, improve themselves and not repeat criminal acts so that they can be accepted again by the community. However, ironically, the Penitentiary is used as a place for drug trafficking with various modes of smuggling.Purposes of the Research:  This study aims to analyze and explain the modus operandi of narcotics smuggling in prisons, analyze and explain the prevention of narcotics smuggling in prisons.Methods of the Research: This research uses normative legal research methods, using primary and secondary legal sources, and tertiary and then the data obtained will be presented in a description and given a conclusion.Results of the Research: The results of the research obtained: the modus operandi of smuggling drugs and other prohibited items in correctional institutions (prisons) and detention centers (rutan) has utilized advanced technology, including drones or drones. In addition, the smugglers also use officers, visitors, companion prisoners undergoing assimilation, garbage carts, and goods in the canteen and kitchen to carry out their actions. Prisons and other law enforcement officers must continue to play an active role in seeking preventive and repressive measures to suppress or break the narcotics illicit trafficking network among prisoners because if there is omission, it will result in the ineffective implementation of Law Number 12 of 1995 concerning Corrections and hamper the eradication of criminal acts. Narcotics crime as has been confirmed in the RI Law Number 35 of 2009 concerning Narcotics.
Kekuatan Mengikat Sumpah Adat Dalam Penyelesaian Sengketa Tanah Siti Rahima Tuahena; Adonia Ivone Laturette; Barzah Latupono
TATOHI: Jurnal Ilmu Hukum Vol 2, No 5 (2022): Volume 2 Nomor 5, Juli 2022
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i5.1111

Abstract

Introduction: The indigenous peoples of the Negeri of Pelauw, Haruku Island District, Central Maluku Regency, recognize the customary oath as a customary land dispute resolution system.Purposes of the Research: How is the power to bind the customary oath for the parties in resolving land disputes in the State of Pelauw.Methods of the Research: This study uses empirical legal research with a sociological juridical approach. Research data sources include primary data sources, secondary data sources, and tertiary data sources. The data collection technique was obtained by interviewing the parties directly in the field, then the data was processed using qualitative descriptive analysis.Results of the Research: The results obtained are the strength of binding customary oaths as an alternative dispute resolution in resolving land disputes in the State of Pelauw, namely binding the parties to the dispute even though the decision is made by the Government of the State of Pelauw represented by religious leaders in this case the Imam of the State Mosque of Pelauw in oral form but bound with the disputing parties, even the decisions of the customary oath to their future generations. Based on the observations that the author made at the time of the research, the parties who have resolved disputes through customary oaths from the past until now have not complained because the decision of this customary oath is final.

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