TATOHI: Jurnal Ilmu Hukum最新文献

{"title":"Kudeta Dalam Perspektif Hukum Internasional","authors":"Pelpina Dina Febriska Souisa, V. J. B. Rehatta, Welly Angela Riry","doi":"10.47268/tatohi.v3i9.1949","DOIUrl":"https://doi.org/10.47268/tatohi.v3i9.1949","url":null,"abstract":"Introduction: Article 33 paragraph (1), 52 of the United Nations Charter and Article 2 paragraph 2 letter (f) of the ASEAN Charter provide space for International Law to be involved in efforts to resolve Dispute Problems (Coup) by using an approach to protecting human rights that involves a State but in fact until now International Law has never participated in efforts to resolve the Government Conflict which was taken through the Coup on the State of Myanmar.Purposes of the Research:To examine or analyze the coup in the perspective of International Law and to examine and discuss the legitimacy or legality of government through a coup.Methods of the Research: The research method used is normative juridical research, the type of research is descriptive analytical. The sources of legal materials used are primary, secondary and tertiary legal materials. The technique of collecting legal materials used in this research is through literature study. The analysis of legal materials is descriptive qualitative.Research Results: The results showed that: 1). International Law on Change of Government through Coup has never been regulated in detail because it is part of the rights of a State that cannot be interfered with in the internal affairs of its State, but an insistence can be made to become a place of negotiation and mediation for both parties who are fighting for power by using the UN Charter. Article 1, Article 2, Article 33 paragraph 1 and Article 52 as well as the ASEAN Charter Article 1 and Article 2 paragraph 2 letter (f) are related to the Protection of Human Rights. 2). The legality of the government obtained through a coup until now has never been specifically regulated in international law, but when viewed from the point of view of the birth of a country, namely 1. the existence of a government, 2. territory, 3 inhabitants, and 4. recognition from other countries. The legality of the government obtained through the coup d'etat can be said to be valid if it gets recognition from other countries (which in this case is part of (State Politics) in International Relations).","PeriodicalId":263558,"journal":{"name":"TATOHI: Jurnal Ilmu Hukum","volume":"16 46","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139156240","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Penyalagunaan Wewenang Kepala Desa Dalam Membuat Surat Keterangan Tanah","authors":"Ilona Miranda Tuhuleruw, A. D. Bakarbessy, M. Matitaputty","doi":"10.47268/tatohi.v3i9.1953","DOIUrl":"https://doi.org/10.47268/tatohi.v3i9.1953","url":null,"abstract":"Introduction: The village head is part of the government apparatus at the lowest level, playing an important role in helping to achieve legal certainty regarding land rights.Purposes of the Research:  The purpose of the current research is to know and analyze what authority the village head has in making a land certificate and to know and analyze what the legal consequences are if there is an abuse of the village head's authority in making a land certificateMethods of the Research: The research method in this study is normative legal research, using a statutory and conceptual approach. Sources of research data include primary, secondary, tertiary legal sources. The data collection technique is in the form of literature study. Processing and analysis of legal materials used in writing is using a qualitative analysis method.Results of the Research: The result of the research show that it was found that abuse of authority was found in the case of land acquisition for the AL wharf in Tawiri Ambon City, unscrupulous village heads abused authority in making land certificates for land sale and purchase transactions in 2015, the letter was made by for his personal interests and verified by the sub-district head ambon bay.","PeriodicalId":263558,"journal":{"name":"TATOHI: Jurnal Ilmu Hukum","volume":"80 4","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139157119","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Penegakan Hukum Administrasi Terhadap Penerbitan Izin Lingkungan Kegiatan Budidaya Tanaman Perkebunan Pala Intercroop Kakao Di Kabupaten Seram Bagian Barat","authors":"Marlon Latekay, J. J. Pietersz, Victor Juzuf Sedubun","doi":"10.47268/tatohi.v3i9.1954","DOIUrl":"https://doi.org/10.47268/tatohi.v3i9.1954","url":null,"abstract":"Introduction: Issuance of environmental permits by the West Seram Regency Government without supervision has resulted in non-compliance with environmental permits which has resulted in environmental damage.Purposes of the Research: This writing aims to examine and analyze the Authority of the West Seram Regency Government in supervising the Decree of the West Seram Regent Number 525-456 of 2017 concerning Environmental Permits for the Cultivation of Nutmeg Intercroop Cocoa Plantations, to study and analyze what administrative sanctions can be given West Seram Regency Government regarding violations of environmental permits. Methods of the Research: Normative research method with the type of research is qualitative analysis. The problem approach used is the statute approach, the conceptual approach and the case approach. The sources of legal materials used are Primary legal materials, Secondary legal materials, and Tertiary legal materials and are used as a technique for collecting legal materials, then processing and analyzing legal materials through methods of interpretation, harmonization, systematic and legal discovery.Results of the Research: The results of the study show that the authority to issue environmental permits by the West Seram Regency Government can automatically become an obligation for the West Seram Regency Government as the issuer of environmental permits to supervise environmental permits issued by the West Seram Regency Government, administrative sanctions that can be imposed by the Government West Seram District to violators of environmental permits is, written warning, government coercion, freezing of environmental permits and revocation of environmental permits.","PeriodicalId":263558,"journal":{"name":"TATOHI: Jurnal Ilmu Hukum","volume":"7 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139155953","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Pandemi Covid-19 Sebagai Bentuk Overmacht Terjadinya Wanprestasi Kredit di Bank","authors":"Yansen Mual, Merry Tjoanda, Marselo Valentino Geovani Pariela","doi":"10.47268/tatohi.v3i9.1951","DOIUrl":"https://doi.org/10.47268/tatohi.v3i9.1951","url":null,"abstract":"Introduction: The impact of Covid-19 is the weakening of the Indonesian economy, due to restrictions on activities in the business sector which show the majority of the implementation of the rights and obligations in the agreement.Purposes of the Research:  The purpose of this study is to find out whether the Covid-19 Pandemic is a Form of Overmacht Credit Default in Banking and How is Credit Default Settled Due to the Covid-19 Pandemic in Banking.Methods of the Research: The research method used is normative juridical research or literature study with a descriptive analytical research type which is a method that functions to describe or provide an overview of the object under study through legal sources.Results of the Research: The results of the research carried out must be understood that three things must be checked so that the persuasive situation clause can be applied. First, the facts must be beyond the control of the parties. Second, the ability of the parties to carry out their contractual obligations cannot be carried out due to the event that hinders them. Third, the parties have taken all steps to try to mitigate the risks that arise as a result of the event or the occurrence of such compelling circumstances. In the context of the spread of Covid-19, the first and second criteria of coercion can be said to have been met. The reason is that Covid-19 directly or indirectly has an impact on the performance and capacity of the parties so that it affects the ability to fulfill the agreement contained in the contract.","PeriodicalId":263558,"journal":{"name":"TATOHI: Jurnal Ilmu Hukum","volume":"17 13","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139156205","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Modus Operandi Tindak Pidana Perdagangan Orang Yang Berkedok Asisten Rumah Tangga","authors":"Fredza Glen Salamena, Elsa Rina Maya Toule, Erwin Ubwarin","doi":"10.47268/tatohi.v3i9.1952","DOIUrl":"https://doi.org/10.47268/tatohi.v3i9.1952","url":null,"abstract":"Introduction: Trafficking in persons is a form of ill-treatment of human beings that violates the dignity and worth. The crime of trafficking in persons is inseparable from the various methods used by the perpetrators, these methods are usually called the modus operandi. The mode that is run is usually carried out individually or in groups. The strategies used by trafficking syndicates in carrying out their modus operandi are very organized, so they can easily persuade and recruit victims. This not only deprives the victim of human rights but also makes the victim vulnerable to abuse, forced labor, psychological trauma and death. Purposes of the Research: This writing aims to determine the modus operandi and efforts to handle the criminal act of trafficking in persons under the guise of a household assistant.Methods of the Research: The research method used in this paper is Juridical Empirical. Research location The place where the research material was taken is the Ambon District Court. Population, Sample, and Respondents. The sources of legal materials used are Primary legal materials, Secondary legal materials, and Tertiary legal materials and are used as legal materials collection techniques, then processing techniques use the editing, data classification, and data analysis stages.Results of the Research: The results of this study indicate that the success of trafficking in persons is due to the modus operandi carried out by the perpetrators so organized that trafficking in persons is successfully carried out. Thus the need for efforts to handle the crime of trafficking in persons. Penal and non-penal handling efforts are carried out: penal efforts are carried out based on legal regulations that are centered on the applicable laws and regulations. Meanwhile, non-penal efforts are the prevention process before the occurrence of the criminal act of trafficking in persons, including social education, socialization to the community, and patrol activities as a form of supervision.","PeriodicalId":263558,"journal":{"name":"TATOHI: Jurnal Ilmu Hukum","volume":"14 16","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139156829","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Perlindungan Hukum Bagi Pencipta Atau Pemegang Hak Cipta Yang Ciptaannya Digunakan Sebagai Ringtone","authors":"Rory Jeff Akyuwen, Wijaya Natalia Panjaitan","doi":"10.47268/tatohi.v3i4.1598","DOIUrl":"https://doi.org/10.47268/tatohi.v3i4.1598","url":null,"abstract":"Introduction: Law Number 18 of 2014 is one of the products of the law which regulates the authority and rights of creators for their creations. Specifically for music copyrights or hits related to the illegal sale of ringtones or ringtones that use songs belonging to the creators. This is of course detrimental to the creator and is a violation of copyright.Purposes of the Research: The aim is to balance the rights and obligations between creators or copyright holders and those who want to use them for commercial purposes.Methods of the Research: This writing uses a normative juridical research method, the legal materials used are secondary legal materials obtained through library research on primary, secondary and tertiary legal materials. Legal materials are discussed with a statutory approach, a concept approach and a case approach.Results of the Research: That in principle the process of proving criminal cases conducted online can be accepted according to the Criminal Procedure Code as an effort to fill the legal vacuum in the case of \"certain circumstances\" which are determined as emergencies or other circumstances. Whereas a criminal case evidence is said to be ideal, both in direct/normal trial and electronic/online trial, if it has fulfilled the evidentiary parameters, namely: implementation of proof principles/theory; evidence; submission of evidence; burden of proof; power of proof; and minimal evidence.","PeriodicalId":263558,"journal":{"name":"TATOHI: Jurnal Ilmu Hukum","volume":"37 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131161133","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Penerapan Hukum Adat Sasi Laut Dalam Melindungi Kelestarian Sumberdaya Alam Laut Di Desa Waria Kecamatan Aru Utara Timur Kabupaten Kepulauan Aru","authors":"Cidra Wati Sorloy, Jenni Kristiana Matuankotta, Novyta Uktelseja","doi":"10.47268/tatohi.v3i3.1589","DOIUrl":"https://doi.org/10.47268/tatohi.v3i3.1589","url":null,"abstract":"Introduction: The application of marine sasi customary law is an effort to increase marine natural resources so that they can develop both biological and vegetable resources that are conserved within a certain period to develop growth and development for satisfactory results.Purposes of the Research: This study aims to know and examine how the regulation of sasi marine customary law in its application to the protection of the preservation of marine natural resources in the Waria Village of North East Aru (Batuly) Kepuluan Aru Regency. Methods of the Research: This writing was carried out with the type of empirical juridical research, namely research conducted to obtain data through observation, interviews, documentation, library studies.Results of the Research: The results of the study show that national regulations have not been able to anticipate technological developments and the development of legal needs in the context of managing and utilizing the potential of marine natural resources. The application of the customary law of the sea sasi plays an important role as an effort to protect and preserve marine natural resources.","PeriodicalId":263558,"journal":{"name":"TATOHI: Jurnal Ilmu Hukum","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115847009","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Tinjauan Hukum Terhadap Masuknya Kapal Nelayan Asing di ZEE Indonesia Berdasarkan UU No. 5 Tahun 1983 Tentang ZEE","authors":"Avan Caezhar Prayugo, Marthinus Kainama, Arman Anwar","doi":"10.47268/tatohi.v3i3.1586","DOIUrl":"https://doi.org/10.47268/tatohi.v3i3.1586","url":null,"abstract":"Introduction: The EEZ has the greatest natural wealth potential for Indonesia, so the Indonesian government issues various types of legal products to secure and protect and enforce the law in Indonesian waters, especially in the EEZ area.Purposes of the Research: To analyse the regulation of the entry of foreign fishing vessels in the Indonesian EEZ which is contrary to Law Number 5 of 1983 concerning the EEZ, and to analyze the Security and Supervision of Foreign Fishing Vessels in the Indonesian EEZ based on Law Number 5 of 1983. Methods of the Research: The research method used is normative juridical. by using (state approach) and (statute approach). And sources of primary, secondary and tertiary legal materials as well as literature studies, then analyzed qualitatively.Results of the Research: The results show that the entry of foreign-flagged fishing vessels in the Indonesian EEZ is not prohibited because it is not an Indonesian sovereign territory so that foreign vessels have the right to freedom of navigation in the EEZ, but when in their voyage they carry out prohibited activities such as exploration and exploitation of natural resources. biological and non-biological resources found on the seabed and the soil below it as well as the water column and water space above it (without a permit) is an act of violating the law in Indonesia's EEZ (Article 13 of Law Number 5 of 1983). Securing and supervising foreign fishing vessels in the Indonesian EEZ must be carried out in a synergistic and coordinated manner between the TNI-AL, BAKAMLA and POLRI as well as other authorities in accordance with their respective roles and duties.","PeriodicalId":263558,"journal":{"name":"TATOHI: Jurnal Ilmu Hukum","volume":"7 3","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114133349","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Covid -19 Sebagai Alasan Pemutusan Hubungan Kerja","authors":"Jihan Ainun Mardian Septyawati, M. Tjoanda., S. Kuahaty","doi":"10.47268/tatohi.v3i3.1590","DOIUrl":"https://doi.org/10.47268/tatohi.v3i3.1590","url":null,"abstract":"Introduction: The Covid-19 pandemic is a non-natural disaster event that makes termination of employment due to force majeure (force majuere) carried out by the company or work payments to workers / workers, which in this case refers to law number 13 of 2003 concerning manpower and law number 11 of 2020 concerning job creation and includes presidential decree number 12 of 2020 which stipulates covid 19 as a non-natural disasterPurposes of the Research:  The purpose of this study is to discuss Covid-19 as the reason for termination to find out as a reason for termination of employment where in carrying out termination of employment must perform obligations to fulfill the rights and obligations of workers.Methods of the Research: This research is a normative judicial research, the type of research is descriptive analysis through this research collecting data through primary and secondary legal materials then systematically to obtain conclusions or problems.Results of the Research: Termination of employment can be carried out by the company or employer due to the Covid-19 pandemic as a force majuere against / laborer, layoffs carried out based on the reasons of force majuere affect the company's obligation to fulfill the rights and obligations of the parties in the work agreement that has been mutually agreed upon, but also the rights and obligations that have been stipulated in various laws and regulations in the field of Manpower,  the basis of the general provisions regarding force majeure (force majuere) is regulated in the provisions of articles 1244 and 1245 of the Civil Code","PeriodicalId":263558,"journal":{"name":"TATOHI: Jurnal Ilmu Hukum","volume":"81 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121747189","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Penegakan Hukum Terhadap Peredaran Narkotika Jenis New Psychoactive Subtance di Indonesia","authors":"Lisa Lisa, D. Hehanussa, Y. B. Salamor","doi":"10.47268/tatohi.v3i3.1594","DOIUrl":"https://doi.org/10.47268/tatohi.v3i3.1594","url":null,"abstract":"Introduction: NPS or new psychoactive substance is a new type of narcotic where the type of substance or content contained in it has not been regulated or has not been classified in legal regulations in Indonesia.Purposes of the Research: To analyze and discuss formulation policies against NPS narcotics. Reviewing and discussing the obstacles encountered in law enforcement against the circulation of NPS narcotics in Indonesia. As one of the requirements to obtain a Bachelor of Laws degree at the Faculty of Law, University of Pattimura. Methods of the Research: This research is a normative juridical research. In this study, three approaches to the problem are used, namely the statutory approach and the conceptual approach and the case approach. Sources of data obtained are primary legal materials, and secondary legal materials. The technique of collecting legal materials is by collecting and grouping them according to their respective parts, both primary and secondary law. All data in this study were analyzed qualitatively.Results of the Research: The results of this study indicate that from several alternative formulation policies of the Narcotics Law, the appropriate formulation policy to be applied in the future is to change the provisions of Article 6 of the Narcotics Law as follows: narcotics as referred to in Article 5: narcotics class I, narcotics class I II, class III narcotics, all derivatives of class I, II, III narcotics. Although in the future, all evidence must be presented by experts in court to determine whether a particular class of substance is included in the definition of narcotics in the Narcotics Act. But we must prevent all new types of narcotic crimes from escaping the law while maintaining legal certainty. Meanwhile, law enforcement against the circulation of NPS narcotics in Indonesia has not been going well. This is because there are still obstacles encountered in law enforcement against the circulation of NPS narcotics in Indonesia, namely: legal substance factors, law enforcement factors, facilities and infrastructure factors, modes that are always changing and the silent movement carried out by suspects and factors geographical conditions of the Unitary State of the Republic of Indonesia (NKRI).","PeriodicalId":263558,"journal":{"name":"TATOHI: Jurnal Ilmu Hukum","volume":"53 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124974340","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}