TATOHI: Jurnal Ilmu Hukum最新文献_第3页

Pengaturan Tentang Milisi Dalam Hukum Humaniter Internasional 国际人道主义法的民兵组织

TATOHI: Jurnal Ilmu Hukum Pub Date : 2023-06-03 DOI: 10.47268/tatohi.v3i3.1587

Mitsel Sopacua, J. S. F. Peilouw, Veriena J. B. Rehatta

{"title":"Pengaturan Tentang Milisi Dalam Hukum Humaniter Internasional","authors":"Mitsel Sopacua, J. S. F. Peilouw, Veriena J. B. Rehatta","doi":"10.47268/tatohi.v3i3.1587","DOIUrl":"https://doi.org/10.47268/tatohi.v3i3.1587","url":null,"abstract":"Introduction: Militia, also know as savage troop groups, are groups of civilians that can function as a supplement to the regular military or as a challenger to counter military coups. The process of forming the militia occurred because of a conflict between a group and the state central government which resulted in conflict resulting in rebel groups being named militia or illegal troop groups.Purposes of the Research: To know about the arrangement of militias in armed conflict of a non-interntional nature. Methods of the Research: The research method used is normative research. This type of research has stages of scientific logic research based on the normative side. The legal materials in this research method are primary legal materials that are based on laws or laws that are said to be norms and also secondary legal materials that are guided by books. This research refers to international and non-international legal instruments.Results of the Research: The results of this study indicate that Militia arrangements are recognized as Belligerent as regulated in Article 1 of the Hague Convention IV of 1907 (Hague Regulations), Article 1 paragraph (1) of Additional Protocol II of 1977, in the 1949 Geneva Conventions and the 1977 Additional Protocol requiring organizations to protect and assist civilians who are victims of armed conflict. The responsibility for the action of the militia is the rebel command not only in times of armed conflict but also in times of peace.","PeriodicalId":263558,"journal":{"name":"TATOHI: Jurnal Ilmu Hukum","volume":"24 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":"125966438","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}

引用次数: 0

Pembatasan Terhadap Hak-Hak Perempuan Oleh Taliban Perspektif Convention On The Elimination Of All Forms Of Discrimination Against Women 《消除对妇女一切形式歧视公约》

TATOHI: Jurnal Ilmu Hukum Pub Date : 2023-06-03 DOI: 10.47268/tatohi.v3i3.1588

Nur Reski Molle, Irma Halimah Hanafi, Popi Tuhulele

{"title":"Pembatasan Terhadap Hak-Hak Perempuan Oleh Taliban Perspektif Convention On The Elimination Of All Forms Of Discrimination Against Women","authors":"Nur Reski Molle, Irma Halimah Hanafi, Popi Tuhulele","doi":"10.47268/tatohi.v3i3.1588","DOIUrl":"https://doi.org/10.47268/tatohi.v3i3.1588","url":null,"abstract":"Introduction: This research discusses about about restrictions on women's rights by the taliban perspective convention on the elimination of all forms of discrimination against women (CEDAW) 1979 relating to cases of discrimination against women by the Taliban in Afghanistan. The Taliban restricts women's rights leading to discrimination against women.Purposes of the Research: This study aims to restore the rights of women who are restricted by the Taliban related to women's rights convention on the elimination of all froms of discrimination against women (CEDAW) 1979. Methods of the Research: This research uses the juridical normative method by using a statutory approach, a conceptual approach, and a case approach.Results of the Research: from the writings of the Taliban who have controlled Afghanistan, the Taliban have restricted women's rights. The rights of women that are limited by the Taliban are the right to get decent work and education. In convention on the alimination of all forms of discrimination against women (CEDAW) 1979 Article 10 regulates education and article 11 regulates employment.","PeriodicalId":263558,"journal":{"name":"TATOHI: Jurnal Ilmu Hukum","volume":"12 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":"115194721","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}

引用次数: 0

Kekuatan Hukum Berita Acara Penyelesaian Sengketa Tanah Oleh Kelurahan Watolo Sebagai Alas Hak Atas Tanah

TATOHI: Jurnal Ilmu Hukum Pub Date : 2023-06-03 DOI: 10.47268/tatohi.v3i3.1591

N. Fauzia, A. I. Laturette, Pieter Radjawane

引用次数: 0

Pengesampingan Pasal Dalam Perjanjian Oleh Para Pihak Dikaitkan Dengan Asas Kebebasan Berkontrak

TATOHI: Jurnal Ilmu Hukum Pub Date : 2023-06-03 DOI: 10.47268/tatohi.v3i3.1592

Dyah Auliah Rachma Ruslan

{"title":"Pengesampingan Pasal Dalam Perjanjian Oleh Para Pihak Dikaitkan Dengan Asas Kebebasan Berkontrak","authors":"Dyah Auliah Rachma Ruslan","doi":"10.47268/tatohi.v3i3.1592","DOIUrl":"https://doi.org/10.47268/tatohi.v3i3.1592","url":null,"abstract":"Introduction: Until now, in the practice of making contracts/agreements, in general, many parties have made waivers of articles in the Civil Code (hereinafter referred to as the Civil Code). In general, the articles that are set aside are Article 1266 of the Civil Code and Article 1267 of the Civil Code.Purposes of the Research: Provide an explanation of the articles in the Civil Code that can be waived and their relation to the principle of freedom of contract. Methods of the Research: The research method used is normative legal research. The main subject of the study is law which is conceptualized as a norm or rule that applies in society and becomes a reference for everyone's behavior.Results of the Research: Referring to the principle of freedom of contract, in making an agreement not only Article 1266 and Article 1267 of the Civil Code can be waived by the parties, but the parties can also waive the articles governing agreements in Book Three of the Civil Code as long as they fulfill the legal requirements of the agreement. and does not harm either party. Because Book Three of the Civil Code which regulates agreements adheres to an open system.","PeriodicalId":263558,"journal":{"name":"TATOHI: Jurnal Ilmu Hukum","volume":"12 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":"125388199","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}

引用次数: 0

Perlindungan Hukum Terhadap Anak Yang Terlibat Kejahatan Terorisme 涉及恐怖主义犯罪的儿童的法律保护

TATOHI: Jurnal Ilmu Hukum Pub Date : 2023-06-03 DOI: 10.47268/tatohi.v3i3.1595

Zafania Helsa Siahaya, J. A. S. Titahelu, Denny Latumaerissa

{"title":"Perlindungan Hukum Terhadap Anak Yang Terlibat Kejahatan Terorisme","authors":"Zafania Helsa Siahaya, J. A. S. Titahelu, Denny Latumaerissa","doi":"10.47268/tatohi.v3i3.1595","DOIUrl":"https://doi.org/10.47268/tatohi.v3i3.1595","url":null,"abstract":"Introduction: Laws and regulations regarding terrorism, in practice there are still those who commit criminal acts of terrorism in Indonesia by attacking vital objects and public facilities.Purposes of the Research: The research aims to examine and discuss the forms of legal protection given to children who are involved in terrorism crimes and to examine and explain the mechanism of legal protection for children who are involved in terrorism crimes. Methods of the Research: The research method used is normative juridical with descriptive analytical research type, the technique of collecting legal materials by conducting library research on legal materials, namely primary legal materials and secondary legal materials. The technique of analyzing legal materials is obtained from a qualitative classification.Results of the Research: The results of this study indicate that the legal protection given to children involved in terrorism crimes includes guaranteeing and protecting children's rights, such as the right to live, grow, develop and participate optimally in accordance with human dignity and protection from violence and discrimination. And the Juvenile Criminal Justice System sees that the handling of children involved in terrorism crimes can be carried out with mechanisms such as an approach that purely prioritizes child welfare and an approach to legal intervention. The specificity of the juvenile justice process with the concept of restorative justice.","PeriodicalId":263558,"journal":{"name":"TATOHI: Jurnal Ilmu Hukum","volume":"1 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":"122675641","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}

引用次数: 0

Urgensi Sertifikat Layak Kawin Dalam Hukum Perkawinan 婚姻法中有资格证书的紧迫性

TATOHI: Jurnal Ilmu Hukum Pub Date : 2023-06-03 DOI: 10.47268/tatohi.v3i3.1593

Wahdaniah Baharuddin

{"title":"Urgensi Sertifikat Layak Kawin Dalam Hukum Perkawinan","authors":"Wahdaniah Baharuddin","doi":"10.47268/tatohi.v3i3.1593","DOIUrl":"https://doi.org/10.47268/tatohi.v3i3.1593","url":null,"abstract":"Introduction: The course for prospective brides, which is then equated with Marriage Guidance, hereinafter referred to as bimwin, is a mandatory requirement that must be carried out by the prospective bride and groom before carrying out a wedding because the prospective bride and groom who have attended are given a certificate as proof of graduation which is a requirement for marriage registration. The certificate referred to before being used is given serial number/registration.Purposes of the Research: This study aims to determine the urgency of a certificate of eligibility to marry as a formal requirement in marriage law. Methods of the Research: This research is normative legal research. The approach is carried out by reviewing the literature or literature studies according to the problem under study.Results of the Research: This shows that the implementation of marriage guidance is a must for prospective husband and wife couples who want to get married. Every couple who wants to get married is required to attach a certificate of eligibility to marry that has been obtained after participating in the marriage guidance program. Prospective bride and groom must attach a certificate of eligibility to marry which has been given a serial/registration number. The obligation to attach a certificate as one of the administrative requirements for marriage registration has been regulated in statutory regulations, but because there are no strict sanctions against prospective brides who do not attend courses, the mandatory arrangement to attach a marriage certificate is a mere paper issue and provides an opportunity for the prospective bride and groom to not taking the course.","PeriodicalId":263558,"journal":{"name":"TATOHI: Jurnal Ilmu Hukum","volume":"240 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":"121432792","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}

引用次数: 0

Pengaturan Mutual Legal Assistance Dalam Hukum Internasional (Kasus Konfederasi Swiss-Indonesia) 国际法中相互法律助理安排(瑞士-印度尼西亚联盟案件)

TATOHI: Jurnal Ilmu Hukum Pub Date : 2023-04-28 DOI: 10.47268/tatohi.v3i2.1556

Erica Febrianti, J. Wattimena, Dyah Ridhul Airin Daties

{"title":"Pengaturan Mutual Legal Assistance Dalam Hukum Internasional (Kasus Konfederasi Swiss-Indonesia)","authors":"Erica Febrianti, J. Wattimena, Dyah Ridhul Airin Daties","doi":"10.47268/tatohi.v3i2.1556","DOIUrl":"https://doi.org/10.47268/tatohi.v3i2.1556","url":null,"abstract":"Introduction: Indonesia conducted Mutual legal Assistance (MLA) Agreement negotiations with the Swiss Federation on February 4, 2019 in Bern, Switzerland. Due to the MLA agreement, this is one of the access rights to track the assets of corrupt people hiding in Switzerland.Purposes of the Research: This article aims to identify the provision of mutual legal assistance in international legal instruments and the position of mutual legal assistance between two countries as an international legal instrument for restitution of state property. Methods of the Research: The method used in this study is the legal research method, a type of descriptive analysis, the sources of legal documents are primary legal documents, secondary legal documents, and legal documents. tertiary legal documents. Analysis of legal documents and methods of analyzing legal documents.Results of the Research: The results of the study show that the position of MLA (Mutual Legal Assistance) between the Republic of Indonesia and Switzerland as one of the efforts to return state assets, it can be concluded that the mutual legal assistance agreement between the Republic of Indonesia and Switzerland has not been effective, because it does not regulate the application of asset returns and the concept of MLA (Mutual Legal Assistance) in the agreement is only to facilitate the exchange of information related to assets, but follow-up actions to seize the assets of the perpetrators of corruption are left to the country requesting assistance, and until now, the Indonesian government does not yet have a legal umbrella in the form of separate laws regarding returns assets resulting from criminal acts, both corruption and other serious crimes.","PeriodicalId":263558,"journal":{"name":"TATOHI: Jurnal Ilmu Hukum","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116221506","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}

引用次数: 0

Pertangungjawaban Pidana Tim Anggaran Pemerintah Daerah Dalam Penetapan RKA-SKPD Yang Menimbulkan Kerugian Negara 刑事回答区域政府预算小组处理造成国家损失的skpd

TATOHI: Jurnal Ilmu Hukum Pub Date : 2023-04-28 DOI: 10.47268/tatohi.v3i2.1563

Weldy Vienando Lopulisa, J. A. S. Titahelu, Erwin Ubwarin

{"title":"Pertangungjawaban Pidana Tim Anggaran Pemerintah Daerah Dalam Penetapan RKA-SKPD Yang Menimbulkan Kerugian Negara","authors":"Weldy Vienando Lopulisa, J. A. S. Titahelu, Erwin Ubwarin","doi":"10.47268/tatohi.v3i2.1563","DOIUrl":"https://doi.org/10.47268/tatohi.v3i2.1563","url":null,"abstract":"Introduction: The corruption case at the Ambon City Environmental and Solid Waste Service (DLHP) is getting hotly discussed by the Ambon city public. DLHP Ambon City, where one of the points that became the focus of the prosecution's indictment was the discrepancy in the standard analysis of spending on the fuel oil procurement project for the waste fleet belonging to the Ambon city government.Purposes of the Research: To know the form of abuse of authority by officials that result in state losses. And knowing that the Investigator Formulated the Elements of Abuse of Authority for the Crime of Corruption, the Ambon City Environment and Waste Office. Methods of the Research: The research method used in analyzing and discussing is normative juridical, a normative study must of course use a statutory approach because it is careful that various legal rules are the focus of a research. The legal materials used are primary, secondary and tertiary legal materials.Results of the Research: The results of the study point to the decision Number 32/Pid.Sus-TPK/2021/P stating that the defendant has been indicted by the public prosecutor and has been legally and convincingly proven guilty of committing a criminal act of corruption, as regulated and subject to criminal penalties in Article 3 in conjunction with Article 18 of the Republic of Indonesia Law. Number 31 of 1999 concerning Eradication of Criminal Acts of Corruption as amended by Law Number R.I. 20 of 2001 concerning Amendments to Law of the Republic of Indonesia Number 31 of 1999 concerning the Eradication of Criminal Acts of Corruption in conjunction with Article 55 paragraph (1) to 1 of the Criminal Code in the SUBSIDAIR ACCOUNT.","PeriodicalId":263558,"journal":{"name":"TATOHI: Jurnal Ilmu Hukum","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125452094","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}

引用次数: 0

Urgensi Indonesia Untuk Meratifikasi Konvensi Tentang Perlindungan Terhadap Penghilangan Orang Secara Paksa 印尼迫切需要批准《防止强迫失踪的保护公约》

TATOHI: Jurnal Ilmu Hukum Pub Date : 2023-04-28 DOI: 10.47268/tatohi.v3i2.1557

N. Fitrah, Arman Anwar, I. H. Hanafi

{"title":"Urgensi Indonesia Untuk Meratifikasi Konvensi Tentang Perlindungan Terhadap Penghilangan Orang Secara Paksa","authors":"N. Fitrah, Arman Anwar, I. H. Hanafi","doi":"10.47268/tatohi.v3i2.1557","DOIUrl":"https://doi.org/10.47268/tatohi.v3i2.1557","url":null,"abstract":"Introduction: The Special Committee of the House of Representatives on the Handling of Discussions on the Results of the Investigation into the Enforced Disappearance of Persons for the Period 1997-1998, has issued four points of recommendation to the President. One of the four points is to urge the government to immediately ratify the convention on protection against forced disappearances of persons.Purposes of the Research: The purpose of this research was to determine the regulation of international law against forced disappearances of persons, and to know the urgency of Indonesia to ratify the convention on the protection against forced disappearances of persons. Methods of the Research: The research methods used are normative juridical research methods, analytical descriptive research types, sources of legal materials, namely primary legal materials, secondary legal materials and tertiary legal materials. Technical collection of legal materials through library research and processing techniques for legal materials using qualitative analysis.Results of the Research: The result of the study is that international convention for the protection of all persons from enforced disappearance is an international instrument that regulates the obligations and responsibilities of states in providing protection to all persons from enforced disappearances. Indonesia has not yet ratified the convention of the protection of all persons from enforced disappearances. This Convention is very urgent to be ratified by Indonesia because it is one of the foundations of international human rights law that can provide protection, as well as a preventive and corrective effort of the state in ensuring the protection of all people from enforced disappearances. In addition, it is also to encourage cases of enforced disappearances in Indonesia in the past to be resolved and not repeated in the future.","PeriodicalId":263558,"journal":{"name":"TATOHI: Jurnal Ilmu Hukum","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130773352","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}

引用次数: 0

Perlindungan Hukum terhadap Hak Kepemilikan Objek Jaminan Fidusia yang telah dialihkan Tanpa sepengetahuan Kreditur 受控者在债权人不知情的情况下将受控物转让给受托人

TATOHI: Jurnal Ilmu Hukum Pub Date : 2023-04-28 DOI: 10.47268/tatohi.v3i2.1559

Semuel Willem Simaela, Jenni Kristiana Matuankotta, Sara Selfina Kuahaty

{"title":"Perlindungan Hukum terhadap Hak Kepemilikan Objek Jaminan Fidusia yang telah dialihkan Tanpa sepengetahuan Kreditur","authors":"Semuel Willem Simaela, Jenni Kristiana Matuankotta, Sara Selfina Kuahaty","doi":"10.47268/tatohi.v3i2.1559","DOIUrl":"https://doi.org/10.47268/tatohi.v3i2.1559","url":null,"abstract":"Introduction: The transfer of a fiduciary guarantee must obtain approval from the Fiduciary Giver (Debtor) and the Fiduciary Recipient (Creditor) but in reality there is often a transfer process by the Fiduciary Giver to the buyer who is the third person which is carried out without the knowledge of the Fiduciary recipient (Creditor).Purposes of the Research: The purpose of this paper is to find out and analyze the Legal Protection of Ownership Rights of Fiduciary Guarantee Objects that have been transferred without the knowledge of the creditor. 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.Results of the Research: The results showed that: 1). Legal protection for third parties who have received ownership rights over the object of fiduciary security carried out by the fiduciary giver (debtor) without the knowledge of the fiduciary guarantee recipient (creditor) has never been regulated in the Fiduciary Law. 2). As explained in Pasal 19, Pasal 21 ayat 1, 2, 3, and 4, Pasal 24 and Pasal 25 of the Fiduciary Law that payments for installments on the object of fiduciary security that have been transferred by the fiduciary guarantee provider (debtor) to a third party are made without the knowledge of the fiduciary recipient (creditor) is still part of the debtor's obligation to pay off the installments of the fiduciary guarantee","PeriodicalId":263558,"journal":{"name":"TATOHI: Jurnal Ilmu Hukum","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123190949","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}

引用次数: 0