Journal Title TATOHI: Jurnal Ilmu Hukum Journal Abbreviation TATOHI J. Ilmu Huk. Language Indonesia ISSN 2775-619X DOI Journal 10.47268/tatohi by Crossref Editor-in-chief La Ode Angga Managing Editor Erwin Ubwarin Heillen M. Y. Tita Muchtar Anshary Hamid Labetubun Welly Angela Riry Publisher Faculty of Law, Universitas Pattimura Citation Analysis Google Scholar OAI https://fhukum.unpatti.ac.id/jurnal/tatohi/oai TATOHI: Jurnal Ilmu Hukum is a scientific journal published by the Faculty of Law, Universitas Pattimura, 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 by the supervisor and published online. The journal uses English or Indonesian as the language. 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. Tatohi: Jurnal Ilmu Hukum has been accredited by Direktorat Jenderal Pendidikan Tinggi, Riset, dan Teknologi No. 177/E/KPT/2024 (SINTA 5), Valid from Vol. 1 No. 10, 2021 until Vol. 6 No. 9, 2026.
License Terms: TATOHI: Jurnal Ilmu Hukum is disseminated based on the Creative Commons Attribution-NonCommercial 4.0 International license terms. This license allows anyone to copy and redistribute this material in any form or format, compose, modify, and make derivatives of this material for any purpose. You cannot use this material for commercial purposes. You must specify an appropriate name, include a link to the license, and certify that any changes have been made. You can do this in a way that is appropriate but does not imply that the licensor supports you or your use.
Implications of the Constitutional Court Decision on the Authority of the Financial and Development Supervisory Board in Determining State Losses
Introduction: This research examines the authority of the Financial and Development Supervisory Board in auditing state financial losses following Constitutional Court Decision Number: 28/PUU-XXIV/2026 in corruption cases, as regulated under Law Number 1 of 2023 concerning the Criminal Code. The decision emphasizes that auditing state losses constitutes the constitutional authority of the Supreme Audit Board. Purposes of the Research: This study aims to examine and analyze the legal implications arising from Constitutional Court Decision Number 28/PUU-XXIV/2026 on the authority of Financial and Development Supervisory Board in auditing state financial losses. It focuses on assessing how the decision reshapes institutional roles and affects the legal framework governing the determination of state losses in corruption cases. Methods of the Research: The research employs a normative juridical method (normative law research), which is based on legal norms applicable within society. This approach analyzes statutory regulations, legal principles, and relevant doctrines to understand how legal norms function as guidelines for behavior, particularly in relation to institutional authority in auditing state financial losses. Findings of the Research: The findings show that the Constitutional Court's decision functionally limits the Financial and Development Supervisory Board authority in determining state losses, shifting it to the role of investigating support and initial data provider. However, structural uncertainties have not been fully resolved due to derivative regulations, such as Presidential Regulation Number 192 of 2014, which recognizes that Financial and Development Supervisory Board authority is still in effect without a clear transition mechanism. The novelty of this research lies in an in-depth analysis of the normative void after the Constitutional Court's decision that has not been addressed by implementing regulations, as well as its practical implications for the effectiveness of corruption eradication.
Financial and Development Supervisory Board
Copyright (c) 2026 Asria Wahyuni Ahmad, Mohammad Feir Chalifardy Na'a https://creativecommons.org/licenses/by-nc/4.0
Criminological Aspects: Strategies for Handling Vehicle Registration Certificate Forgery
Introduction: Vehicle Registration Certificate forgery is a serious crime linked to vehicle theft, not just an administrative violation. From a criminological view, it is driven by the gap between the high demand for cheap transport and strict ownership laws. This inequality creates a black market where stolen vehicles are sold using fraudulent documents to deceive the public. Purposes of the Research: To find out and describe the efforts and strategies implemented by the Kutalimbaru Sector Police in dealing with the crime of forgery of Vehicle Registration Certificate, both through preventive (prevention) and repressive (enforcement) measures. Methods of the Research: This empirical juridical study employs a field research method to analyze the relationship between legal regulations and sociological facts. It evaluates law enforcement effectiveness at the Kutalimbaru Police regarding document falsification. Furthermore, a case approach is utilized by examining specific Vehicle Registration Certificate forgery files handled by the precinct to understand the practical application of criminology in legal proceedings. Findings of the Research: This study offers novelty by examining Kutalimbaru’s unique role as a strategic buffer zone connecting Deli Serdang to surrounding areas. Unlike urban-centric research, it analyzes how this specific geographical location serves as a "safe passage" for distributing fraudulent vehicles and a hideout for stolen property before being integrated into the market using forged Vehicle Registration Certificate documents.
Copyright (c) 2026 Maruba Judianto Sinaga, Junaidi Lubis, Chairus Suriyati, Leni Indrayani, Juliya Maria https://creativecommons.org/licenses/by-nc/4.0
Pelaksanaan Fatwa Dewan Syariah Nasional tentang Layanan Pembiayaan Berbasis Teknologi Informasi Berdasarkan Prinsip Syariah Pada Perusahaan Fintech Syariah
Introduction: In the decision of the DSN Fatwa Number 117/DSN-MUI/II/2018 part two point 2 of the fatwa it is also stated that the implementation of information technology-based financing services based on sharia principles must follow the provisions contained in this fatwa. but in fact there are still Sharia Fintech Companies that have not fully implemented the DSN-MUI fatwa as was done by PT. Indonesian Sharia Funds that still provide interest to the recipient of financing for the sharia products they offer. Purposes of the Research: The purpose of this study is 2 (two), namely to analyze and review the implementation of the DSN-MUI Fatwa Number 117/DSN-MUI/II/2018 on Sharia Fintech companies and to analyze and examine the legal strength of the DSN MUI Fatwa Number 117/DSN-MUI /II/2018 in binding Sharia Fintech Companies. Methods of the Research: The type of research is normative juridical, with two approaches, namely the conceptual approach and the statutory approach. Results of the Research: The results of this study indicate that in previous research conducted by Ferdian Mahmuda, sharia fintech companies were found which in implementing the Fatwa DSN MUI Number 117/DSN-MUI/II/2018 did not apply it thoroughly and classified as violating the provisions set by the MUI. The National Sharia Council, therefore the MUI Fatwa still has legal force as long as a financial institution in its financial activities implements sharia principles, including in this case a Sharia Fintech company, so that if its financial operational activities conflict with sharia principles, the DPS will report to DSN, then DSN recommends the violation to OJK to take action as regulated in Financial Services Authority Regulation (POJK) Number 77 of 2016 concerning Information Technology-Based Lending and Borrowing Services CHAPTER XII Article 47, which contains administrative sanctions tration to be provided to the financial institution referred to by OJK.
Copyright (c) 2022 Muhammad Septian Hadrianto, La Ode Angga, Sabri Fataruba https://creativecommons.org/licenses/by-nc/4.0
Pertimbangan Hukum Hakim Dalam Putusan Pengadilan Negeri Ambon Nomor 306/Pid.B/2020/PN.Ambon Terhadap Perampasan Jenazah Covid-19 Dalam Prespektif Tujuan Pemidanaan
Introduction: Indonesia is currently being hit by the Corona Virus or Covid-19. Various efforts have been made in handling Covid-19. Purposes of the Research: To examine and discuss the accountability of the perpetrators according to Law no. 6 of 2018 concerning Health Quarantine and To examine and discuss whether the judge's considerations in the decision of the perpetrators of the seizure of the Covid-19 corpse have fulfilled the purpose of punishment. Methods of the Research: This research is a normative juridical research type of descriptive analytical research, the sources of legal materials used in this research are primary legal materials, secondary legal materials, and tertiary legal materials. Legal materials analysis techniques are inventory procedures and identification of laws and regulations, as well as classification and systematic legal materials according to research problems, while analysis of legal materials is both destructive and qualitative methods. Results of the Research: The results obtained from this study are: Accountability of the perpetrators according to Law no. 6 of 2018 concerning Health Quarantine is criminalized and/or fined, and the judge's consideration in the decision of the perpetrators of the seizure of the Covid-19 corpse has fulfilled the purpose of punishment because it has fulfilled juridical considerations as well as non-juridical considerations. Then, in terms of the accountability of the perpetrators, more attention is paid to the teaching of participation because the confiscation of the bodies of Covid-19 is not only carried out by a few people with the participation and the judge's consideration in imposing a crime in the future will have a more deterrent effect on the perpetrators of criminal acts so that this event or incident does not happen again
Copyright (c) 2021 Bella Verawaty Arnas, Remon Supusepa, Margie Gladies Sopacua https://creativecommons.org/licenses/by-nc/4.0
Penggunaan Persetujuan Medis Sebagai Alat Bukti
Introduction: Informend Consent is an agreement that is given after receiving information. Approval of action to be taken by the doctor must be done without any element of coercion. Purposes of the Research: The purpose of this paper is to determine the use of Informend Consent as evidence in civil disputes and the factors that influence it. Methods of the Research: The research method used is normative juridical, the approach used in this research is the statutory approach, conceptual approach and case approach. Sources of legal materials used are primary legal materials, secondary and tertiary legal materials. The technique of collecting legal materials carried out in this research is through a literature study, then analyzed using qualitative methods. Results of the Research: The use of medical approval as evidence of decision Number 114/Pdt.G/2020/PN Bjm was not carried out thoroughly so that it resulted in material and immaterial losses. Factors that influence the use of medical consent as evidence include; lack of patient knowledge, answering patient doubts, confirming procedures in laws and regulations, proving doctors in the feasibility of doing something related to medical work.
Copyright (c) 2022 Gunawan Tamher, Ronald Saija, Muchtar Anshary Hamid Labetubun https://creativecommons.org/licenses/by-nc/4.0
Perlindungan Konsumen Terkait Harga Barang Yang Tidak Sesuai Tertera Pada Etalase Dan Struk Belanja
Introduction: Consumer protection at this time cannot be separated from trading activities. Purposes of the Research: The purpose of writing this paper is. To find out the legal protection for consumers and the responsibilities of business actors regarding inappropriate prices in storefronts and shopping receipts. Methods of the Research: The research method used is normative juridical, with a statutory and conceptual approach. The sources of legal materials used are primary, secondary, and tertiary legal materials. Results of the Research: The results show that legal protection for consumers is to protect consumer rights, namely the right of consumers to obtain correct, honest and clear information regarding the state of guaranteed services and goods and rights to be served and treated honestly and correctly without discrimination. Thus, it can be seen that if there is a difference between the price of the goods listed and the price or tariff charged at the time of payment, the lowest price or tariff shall prevail.
Copyright (c) 2022 Dewi Masitha, Theresia Louize Pesulima, Agustina Balik https://creativecommons.org/licenses/by-nc/4.0
Pelaksanaan Jaminan Fidusia Di Masa Pandemi Covid-19
Introduction: The case of Credit Agreement and Debt Recognition with a fiduciary guarantee that occurred between Roberth Gomies as a debtor and PT. Sinar Mas Multifinance (PT. SMMF) as a creditor with a guarantee of 1 (one) unit of Public Transport Vehicle. In this case, the payment made by Robert Gomies experienced a payment delay due to the corona virus outbreak 19. So the vehicle used as credit collateral in the fiduciary agreement was forcibly/unilaterally withdrawn without the knowledge and permission of the debtor. Purposes of the Research: Knowing and Reviewing Forms of Protection for Fiduciary Guarantees in the Covid 19 Pandemic Period and Execution Mechanisms for Fiduciary Guarantees in the Covid 19 Pandemic Period. 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 show that the procedure for withdrawing the object of fiduciary security must refer to the Regulation of the National Police Chief Number 8 of 2011 which is carried out by the creditor or his proxies must submit a request for securing the execution of the withdrawal of the fiduciary object which is made in writing addressed to the local police chief by attaching the following conditions: the following conditions, a. a copy of the fiduciary guarantee deed, b. a copy of the fiduciary guarantee certificate, c. A warning letter to the debtor to fulfill his obligations. d. The identity of the executor of the execution, e. Executioner's assignment letter. In addition, the Constitutional Court Decision Number 18/PUU-XVII/2019 has also provided legal certainty for fiduciary guarantee.
Copyright (c) 2021 Revandio Hendruno Moenandar, Rory Jeff Akyuwen, Sarah Selfina Kuahaty https://creativecommons.org/licenses/by-nc/4.0
Kajian Terhadap Pengaturan Sanksi Denda Administratif Dalam Peraturan Daerah Tentang Pembatasan Sosial Berskala Besar
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.
Copyright (c) 2021 Ghufran Syahputera Walla, Hendrik Salmon, Julista Mustamu https://creativecommons.org/licenses/by-nc/4.0
Advance Purchase Agreement Sebagai Instrumen Pembatasan Memperoleh Vaksin COVID-19 dari Perspektif Hukum Internasional
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.
Copyright (c) 2021 Mariah Agnes Matakena, Johanis Steny Franco Peilouw https://creativecommons.org/licenses/by-nc/4.0
Perlindungan Hak Asasi Manusia Bagi Perempuan Kaum Minoritas Perspektif Hukum Internasional
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.
Copyright (c) 2021 Hana Delvina Nanulaitta, Efie Baadila, Lucia Charlota Octovina Tahamata https://creativecommons.org/licenses/by-nc/4.0
Sistem Pemerintahan Desa Di Kabupaten Buru Selatan
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.
Copyright (c) 2021 Rivaldy Salim, Hendrik Salmon, Andress Demy Bakarbessy https://creativecommons.org/licenses/by-nc/4.0
Keabsahan Kebijakan Pemerintah Kabupaten Seram Bagian Barat Mengenai Pemilihan Kepala Desa Adat Secara Serentak
Introduction: The West Seram Regency Government Makes a Policy Regarding the Simultaneous Election of Village Heads which also involves Traditional Villages whose governance arrangements should be based on intestinal origin rights and local customary law. Purposes of the Research: The purpose of this paper is to analyze the authority of the West Seram Regency Government in making the policy of selecting the traditional village head simultaneously and to analyze the validity of the policy of the West Seram Regency Government to make the simultaneous election of the traditional village head. Methods of the Research: The research method used is normative juridical, the problem approach used in the research is the statutory and conceptual approach. The sources of legal materials used are primary, secondary, and tertiary legal materials. The technique of collecting legal materials carried out in this study was library research, then analyzed using qualitative methods. Results of the Research: Based on the research, the policy carried out by the regional government of the western part of Seram Regency to conduct the election of the traditional village head simultaneously has no validity because the provisions of the legislation do not give the local government the authority to conduct the election of the traditional village head simultaneously. However, when the West Seram Regency Regional Regulation No. 11 of 2019 concerning Villages was stipulated, which in Article 3 caused problems in the customary law community in the West Seram district, because the villages as mentioned in Article 3 by the customary law community were customary villages or Therefore, the actions of the regional government of the West Seram Regency make and stipulate the provisions of Article 3 of Regional Regulation No. 11 of 2014 concerning Villages, which stipulates that 92 customary lands or villages become villages is an act of erasing and not recognizing and respecting the country as a traditional village in the West Seram district, which has received recognition in the provisions of Article 18B paragraph (2) of the 1945 Constitution which regulates that the State recognizes and respects customary law community units and their traditional rights as long as they are still alive and in accordance with the development of society and the principles of the Unitary State of the Republic of Indonesia, which are regulated by law.
Simultaneous Election of Traditional Village Heads
Copyright (c) 2021 Chelsy Sahertian, Jemmy Jefry Pietersz, Yohanes Pattinasarany https://creativecommons.org/licenses/by-nc/4.0
Penyidikan Terhadap Pelaku Pencurian Benda Sitaan Pada Rumah Penyimpanan Benda Sitaan
Introduction: The crime of theft that has occurred in state-owned warehouses is an important component in the criminal justice system, this is in accordance with the provisions of Article 44 of the Law of the Republic of Indonesia Number 8 of 1981 concerning the Criminal Procedure Code. . The theft that occurred at the Class I Rupbasan Ambon on April 22, 2020 is a form of criminal act. The criminal act of theft involved 3 (three) people as perpetrators, namely FD, NS, CN. Purposes of the Research: This writing aims to find out and discuss the process of investigating the theft of confiscated objects in Rupbasan. 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 results of this study explain that the process of investigating the crime of theft is the same as the process usually carried out by investigators for every criminal act. For the crime of theft at the Rupbasan, the investigation is carried out based on the provisions of Article 10 paragraph (1) of the National Police Chief Number 6 of 2019 concerning Criminal Investigation which is the basis for investigation activities, including (a) investigations; (b) commencement of the investigation; (c) coercive measures; (d) inspection; (e) determination of the suspect; (f) submission; (g) submission of case files; (h) surrender of the suspect and evidence. Functional coordination between investigators and Rupbasan against criminals, namely FD, NS and CN can be divided into 4 (four) sections, each of which includes: (a) Functional coordination in information on criminal acts of theft in Rupbasan; (b) Functional coordination in monitoring d; (c) Functional coordination in the case of criminal acts of theft at the Rupbasan; and (d) Functional coordination in securing evidence of theft from perpetrators.
Copyright (c) 2021 Tino Y S Hattu, Elsa Rina Maya Toule, Hadibah Zachra Wadjo https://creativecommons.org/licenses/by-nc/4.0
Kewenangan Pemerintah Dalam Melakukan Pengawasan Terhadap Lingkungan Hidup
Introduction: provides This study discusses the issue of government authority in supervising the environment. This study discusses the issue of government authority in supervising the environment Purposes of the Research: The purpose of this study is to identify and analyze the government's authority in the environmental sector and to determine the implementation of the local government's supervisory authority on the environment based on Law Number 11 of 2020 concerning Job Creation. Methods of the Research: This study uses a normative legal research method using a statutory approach and a conceptual approach. Results of the Research: The results and discussion show that the Government based on Article 1 Paragraph (3), Article 71 paragraph (3) and Law No. 32 of 2009 concerning Environmental Protection and Management and Article 72 of Law No. 11 of 2020 on Job Creation, has the authority to carry out supervision of the environment which is the problem used by the author, namely the authority to supervise. The authority for environmental supervision according to Law No. 32 of 2009 includes supervision and the imposition of sanctions. However, the Job Creation Law Number 11 of 2020 specifically regulates, supervises and applies sanctions. The job creation law provides environmental approval, supervision and application of sanctions in the form of direct and indirect warnings, government coercion and does not give authority to local governments in supervising and implementing sanctions.
Copyright (c) 2022 Modesta Nusalawo, Victor Juzuf Sedubun, Eric Stenly Holle https://creativecommons.org/licenses/by-nc/4.0
Mekanisme Penggunaan Closed Circuit Television Sebagai Alat Bukti Petunjuk Dalam Tindak Pidana Pembunuhan
Introduction: Closed Circuit Television (CCTV)) is a digital video camera device that is used to transmit signals to a monitor screen in a certain room or place. It has the aim of being able to monitor the situation or condition of a certain place, so that it can prevent the occurrence of a crime or can be used as evidence of a crime that has occurred. Purposes of the Research: Analyze and discuss the mechanism of using CCTV as evidence of evidence in the crime of murder and Knowing the obstacles in using CCTV as evidence of instructions in the crime of murder Methods of the Research: This study uses a normative juridical research method because it uses a literature study that adheres to the juridical aspects with the types of statutory approaches, conceptual approaches, and case approaches. Results of the Research: The results of the study show that CCTV in its mechanism can be used as evidence for instructions in a criminal act, especially a crime of murder, if the CCTV has a link between witness statements, letters, and the defendant's statement as stated in Article 188 Paragraph (2) of the Criminal Procedure Code although there are several obstacles in the evidentiary process such as unclear CCTV footage and different expert views regarding the use of CCTV recordings as evidence for instructions in the process of proving the crime of murder.
Copyright (c) 2022 Michelle Nicole Sarimanella, Sherly Adam, Elias Zadrach Leasa https://creativecommons.org/licenses/by-nc/4.0
Perlindungan Hukum Terhadap Konsumen Atas Alat Kesehatan (Masker) Yang Dilakukan Pelaku Usaha Pada Aplikasi Bukalapak
Introduction: The protection of consumer rights and obligations is often neglected because of the attitude of business actors who want to get profit by taking advantage of certain situations and conditions, one of which is where the consumer's need for medical devices in the form of masks is hindered by selling costs that are too high from the market price. Purposes of the Research: The purpose of this study is to answer how the legal protection for consumers for default by business actors on the Bukalapak application is. Methods of the Research: This study uses a normative juridical method by using a statutory and conceptual approach. Results of the Research: The results of this study indicate that in the online sale and purchase agreement, business actors have defaulted on Bukalapak and have resulted in losses to consumers, referring to Article 1243 of the Civil Code which explains about compensation and also Article 19 of the Consumer Protection Act. related to consumer rights to demand compensation. Reimbursement of loss costs must be carried out by Bukalapak for actions taken by business actors in terms of increasing prices unilaterally and Bukalapak must be responsible for the losses incurred.
Copyright (c) 2022 Grace Nathalia Amdery, Rory Jeff Akyuwen, Marselo Valentino Geovani Pariela https://creativecommons.org/licenses/by-nc/4.0
Upaya Penanggulangan Terhadap Warga Binaan Perempuan Yang Melakukan Kekerasan
Introduction: Women's Correctional Institutions are still physically violent among inmates.Purposes of the Research: Analyze and discuss countermeasures carried out for female inmates who commit violence against fellow female inmates. Methods of the Research: This research uses empirical juridical research type with analytical descriptive research type. The technique of collecting legal materials is by conducting library research on legal materials, namely Primary Legal Materials and Secondary Legal Materials. Legal materials analysis techniques are obtained from qualitative classification. Results of the Research: The results of this study indicate that there are female inmates who are serving their criminal period, but also commit violence between inmates. The various factors that cause violence by inmates at the Class III Ambon Women's Correctional Institution are personal problems that become a burden on the inmates' minds, so that always overshadowed by feelings of irritation, boredom, and an emotional nature, which causes emotional instability among the inmates, and the absence of intimacy and harmonious relations between the inmates. As well as efforts to handle cases of violence carried out by inmates at the Class III Ambon Women's Correctional Institution in the form of pre-emptive efforts such as independent and spiritual development, preventive efforts in the form of supervision which is divided into three shifts, repressive efforts of inmates are put in solitary confinement for 6 (six) days and delaying or eliminating certain rights in accordance with a predetermined time.
Copyright (c) 2022 Gloria Altika Adriani Lewaherilla, Elsa Rina Maya Toule, Margie Gladies Sopacua https://creativecommons.org/licenses/by-nc/4.0
Kajian Hukum Pidana Terhadap Kedudukan Informan Sebagai Saksi Menurut Undang-Undang Nomor 35 Tahun 2009 Tentang Narkotika Dengan Undang-Undang Nomor 8 Tahun 1981 Tentang KUHAP
Introduction: In Indonesia, the law that supervises and controls the use of narcotics as well as overcoming the abuse of narcotics and the treatment of its victims is known as the narcotics law. Purpose of the Research: Therefore, this writing aims to analyze and explain the position of informants in Law 35 of 2009 and the role of informants in helping to reveal narcotics crimes. Methods of the Research: This type of research in the preparation of legal writing is normative legal research. Peter Mahmud Marzuki said that legal research in general is a process to find the rule of law, legal principles, and legal doctrines in order to answer the legal issues at hand. Normative legal research, another name is doctrinal legal research, also known as library research or document study because this research was conducted or aimed only at written regulations. Results of the Research: The results of the study show that legally, narcotics are regulated in Law Number 35 of 2009 concerning Narcotics. However, in this case, informants who are intermediaries in following up narcotics cases are not explicitly regulated in the legislation, only policies that make informants are still used by the police to assist in uncovering narcotics trafficking crimes. The informant contributes to the law enforcement of narcotics crime, where the role of this informant is one of the technical ones in uncovering the crime of narcotics trafficking and this informant does not receive legal protection
Copyright (c) 2022 Claudio Varly Lainata, John Dirk Pasalbessy, Julianus Edwin Latupeirissa https://creativecommons.org/licenses/by-nc/4.0
Akibat Hukum Pembatalan Pelaksanaan Perkawinan Secara Sepihak
Introduction: Marriage must go through a legal process and be recognized by both the community and the state. Purposes of the Research:the purpose of compiling this writing for all people who study law in the civil field, especially those related to the factors causing annulment and legal consequences of unilateral annulment of marriage Methods of the Research: The research method used is normative juridical, with a statutory and conceptual approach. The sources of legal materials used are primary, secondary, and tertiary legal materials. The technique of gathering legal materials carried out in this study was library research, then it was analyzed qualitatively. Results of the Research: The laws and regulations regarding marriage do not regulate at all the legal consequences related to the unilateral cancellation of marriage (marriage) after the proposal and engagement, so people are so easy to annul it unilaterally to the detriment of the other party.However, if referring to the jurisdiction of the Supreme Court Number 3191 K/Pdt/1984 dated December 12, 1985, then the unilateral annulment of marriage (marriage) after the proposal and engagement is a violation of the norms of decency and propriety in society, and is an act against the law,where this jurisprudence is then used as the basis of legal consideration of the Supreme Court judge in Decision Number: 1644 K/Pdt/2020. Namely the decision on the unilateral annulment of marriage (marriage) after the proposal and engagement made by Agus Suyitno to his partner Sri Subur Lestari.
Copyright (c) 2022 Zulvira Zalleh Bairatnissa, Barzah Latupono, Sabri Fataruba https://creativecommons.org/licenses/by-nc/4.0
Kewenangan Penetapan dan Pelantikan Raja Negeri Tulehu oleh Kepala Pemerintah Kabupaten Maluku Tengah
Introductioan: The regent's authority in the rural scope is the authority to regulate the administration of regional areas that fall within the scope of his government administration, namely the village or sub-district. Purposes of the Research: The purpose of this paper is to find out the Authority of the Appointment and Inauguration of the King of Tulehu by the Head of the Central Maluku Regency Government. Methods of the Research: The research method used is normative juridical, the approach used in this research is the statutory approach, conceptual approach and case approach. Sources of legal materials used are primary legal materials, secondary and tertiary legal materials. The technique of collecting legal materials carried out in this research is through a literature study, then analyzed using qualitative methods. Results of the Research: The Regent is not authorized to stipulate and inaugurate the Head of the Tulehu State Government who is directly and publicly elected and is not in accordance with the customary law applicable in the Tulehu State because the Central Maluku Regent's authority as stated in PERDA Kabupaten Maluku Tengah No 3/2006 is stated to only inaugurate and In the process, it is given to the customary law procession of each customary land to carry out the nomination process as part of the State's recognition of the existence of the customary law of the community which is still valid today. The legal consequences of the presence of the Central Maluku Regent's Decree are: SK for Replacement of State Sanir Number: 147 - 512 of 2019. and SK of Ratification of New State Sanir Number: 141.05 - 522 of 2019.
Copyright (c) 2022 Nurjanah Ohorella, Victor Juzuf Sedubun, Reny Heronia Nendissa https://creativecommons.org/licenses/by-nc/4.0
Penegakan Hukum Terhadap Judi Online Pada Masa Pandemi Covid-19
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.
Copyright (c) 2021 Widya Natalia Singadji, Deassy Jacomina Anthoneta Hehanussa, Reimon Supusepa https://creativecommons.org/licenses/by-nc/4.0
Itikad Baik Konsumen Dalam Pemanfaatan Air Bersih
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.
Copyright (c) 2021 Dominggus Pier Usmany, Sarah Selfina Kuahaty, Theresia Louize Pesulima https://creativecommons.org/licenses/by-nc/4.0
Kajian Kriminologis Tentang Perkelahian Antar Anak (Studi Kasus Kecamatan Wearinama, Kabupaten Seram Bagian Timur)
Introduction: Criminological study of fights between children in Werinama sub-district. Understanding child delinquency or Jusvenile delinquency of children's delinquency is an act or behavior that is anti-social. Purposes of the Research: This study uses an empirical method with legal materials used in the study are primary, secondary and tertiary with the use of observation techniques, interviews and documentation. Methods of the Research: The type of research used is empirical by looking the provisions realiting to the in the field, which is obtained from observatins and interview with key informants. The problem apporoach is the statute apporoach and the apporoach in accordance with the reality on the ground . the collection of legal materials throug primary legal materials is then linked to secndry legal materials . management and analysis f legal materials decribed qualitatively. Results of the Research: General description of the research location, the Werinama Bearda sub-district on Seram Island, and directly adjacent to the West Bula sub-district in the North, Banda Laut in the South, Kilmury in the east and borders with Siwalalat sub-district in the west side of fights between children in the Werinama Bersal sub-district from mutual grudge, mutual ridicule, misunderstanding, child delinquency. Efforts to resolve fights between children, namely through the Pre-emprit method, are efforts or efforts to prevent crime from the start, carried out by the police in which the action is psychological or moral in nature. The preventive method is an effort carried out with the aim of preventing the occurrence of crime by means of control and supervision, and the Repressive Method is an effort or action taken directly to eradicate violent crimes such as persecution by providing measures so that the treatment is deterred and does not return the crime.
Copyright (c) 2021 Salmiwati Rumadan, Remon Supusepa, Steven Makaruku https://creativecommons.org/licenses/by-nc/4.0
Penegakan Hukum Pidana Terhadap Praktek Jual Beli Surat Keterangan Kesehatan Yang Dipalsukan Pada Masa Pandemi Covid-19
Introduction: During the Covid-19 pandemic, one of the conditions for traveling outside the region or abroad is to have a health certificate obtained by carrying out a health check at the hospital, this is used by irresponsible people who sell COVID-19 free health certificates counterfeited to people in need. Purposes of the Research: This paper aims to determine the form of criminal law enforcement against the practice of buying and selling falsified health certificates during the Covid-19 pandemic. Methods of the Research: This method using normative legal research methods, namely research conducted by studying literature or literature study related to the problems at hand. Normative legal research is legal research made from literature, which is one of the library collections in the form of printed works such as text books, fiction books, reference books that are collected, processed and stored to be presented to users to meet informationneeds. Results of the Research: Based on the results of the research, it was found that the form of criminal law enforcement against the practice of selling falsified health certificates was subject to criminal sanctions, namely Article 263 of the Criminal Code (KUHP), namely letter forgery in general and made clear by Article 268 of the Criminal Code (KUHP). Criminal Law), namely falsifying a doctor's certificate.
Copyright (c) 2021 Fira Hanasti Putri, John Dirk Pasalbessy, Jacob Hattu https://creativecommons.org/licenses/by-nc/4.0
Penerapan Proses Restorative Justice Melalui Pendekatan Restorative Conferencing Initiatives Di Indonesia
Introduction: The Restorative Converencing Initiative is a criminal settlement system that involves perpetrators, victims and related parties, in this way it is hoped that it can solve a crime with the aim of returning everything to its original state. Purposes of the Research: know how to apply the restorative conference initiative process in Indonesia and second, the author wants to examine the process of applying the restorative conference method in the criminal justice system in Indonesia. Methods of the Research: The research method used is Normative-Empirical legal research, the problem approach used is a conceptual approach using primary, secondary legal materials, qualitative analysis. Results of the Research: The results show that Restorative Converencing Initiatives are not something new in Indonesia. Long before the country became independent, indigenous groups had already resolved legal problems using the Restorative Converencing Initiatives. It's just that for naming according to the development of the legal world, then we are familiar with the term Restorative Converencing Initiatives. The settlement process varies according to prevailing customs and social systems in the community group. The basis for conflict resolution using the Converencing Initiatives method is to maintain a balance and kinship in the community.
Copyright (c) 2021 Melva Noya, Elsa Rina Maya Toule, Carolina Tuhumury https://creativecommons.org/licenses/by-nc/4.0
Penggunaan Kekerasan Sebagai Cara Memperoleh Wilayah Bertentangan Dengan Hukum Internasional
Introduction: The territorial sovereignty of a country includes three dimensions, namely land, air and sea. Purposes of the Research: The purpose and benefit of this research is to demonstrate the study and analysis of the rules of territorial control and international law. Methods of the Research: The type of research used in this research is normative law which is sourced from primary and secondary legal materials whose data is collected through library research. Results of the Research: Based on the results of the research, it shows that the regulation of territorial control is regulated in international law but is prohibited if it is carried out by means of violence as stipulated in the UN Charter Article 2 paragraphs (3) and (4). The form of territorial conquest is currently strictly prohibited, this is emphasized in UN Security Council resolution 242 concerning the illegality of territorial control by war. The use of violence is only allowed in terms of self-defense, or based on the mandate of the UN Security Council for humanitarian purposes (humanitarian intervention). Apart from the above, in both classical international law and customary international law, the use of force and subjugation has not yet reached the stage of being prohibited.
Copyright (c) 2021 Fahira Ode Damura, Arman Anwar, Lucia Charlota Octovina Tahamata https://creativecommons.org/licenses/by-nc/4.0
Perlindungan Hukum Terhadap Pekerja Di Masa Pandemi Covid-19
Introduction: Legal protection of workers in working relationships is needed, considering the position of workers socially-economically very weak especially during the pandemic covid 19. Many companies suffer losses due to restrictions on community activities that affect the company’s income, so workers and affects the normative rights of workers. Purposes of the Research: This paper ains to know the form of legal protection for workers who are laid off and know the implementation of legal protections against workers during the covid-19 pandemic. 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 study, obtained the results that the form of legal protections against workers who were laid off during the covid 19 pandemic includes 2 (two) forms of legal protection both from employers in the form of fulfillment of workers rights that have been contained in the legislation in the form of compensation and work experience latters while from the government, the issuance of legal products and worker protection programs. Implementation of such protections is applied in accordance with the regulations and circulars issued to workers during the covid 19 pandemic related to the rights fulfilled by mutual agreement although in the context there are also workers rights that are not fully fullfiled in accordance with the provisions of the legislation until the issuance of the pre-employment card program, cash-intensive programs and social safety nets.
Copyright (c) 2021 Karina Hatane, Saartje Sarah Alfons, Merlien Irene Matitaputty https://creativecommons.org/licenses/by-nc/4.0
Partisipasi Masyarakat Dalam Pembentukan Undang-Undang
Introduction: Community participation is a stage that engages the community in participating in the process of forming laws and regulations. Purposes of the Research: The purpose of this writing is to determine the consequences of the formation of laws that do not involve public participation. Methods of the Research: The research method used is normative legal research. With the approach used, namely the statute approach, and the conceptual approach. Results of the Research: The results of this study indicate that community participation is a stage that provides opportunities for the community, in reports, invitations in accordance with the provisions of the law. Community participation implies that community participation contains legal norms that are imperative. How successful is the community's successful procedure that must be carried out in the ordering of statutory regulations.
Copyright (c) 2021 Callychya Juanitha Raisha Tuhumena, Jemmy Jefry Pietersz, Victor Juzuf Sedubun https://creativecommons.org/licenses/by-nc/4.0
Pengaturan Prinsip Pembedaan dan Penerapannya dalam Konflik Armenia-Azerbaijan
Introduction: This research discusses about application of distinction principle which has not been fully implemented in the Armenian-Azerbaijan armed conflict, which resulted in heavy casualties from the civilian population and caused damage to civilian objects as a result of the attacks launched on civilian areas in Nagorno-Karabakh by the armed forces of both countries. Purposes of the Research: Know and study the regulation of distinction principle in Humanitarian Law and analyze the application of sanctions against Armenia-Azerbaijan for non-compliance with the distinction principle in the armed conflict of the two countries. Methods of the Research: This study uses a normative juridical method with legal materials used in the study are primary, secondary and tertiary with the use of literature study techniques. Results of the Research: The results showed that the armed conflict between Armenia and Azerbaijan in fighting over the Nagorno-Karabakh region was not carried out by applying the distinction principle effectively. Therefore, if the two countries do not try the perpetrators of war crimes in their national courts, the International Court of justice (ICC) has the competence to try them and provide sanctions in the form of compensation payments to victims in accordance with article 75 of the 1998 Rome Statute as well as imprisonment and fines as well as confiscation of proceeds of crime under Article 77 of the Rome Statute 1998.
Copyright (c) 2021 Khafifa Kara Abnin, Arman Anwar, Veriana Josepha Rehatta https://creativecommons.org/licenses/by-nc/4.0
Urgensi Pengaturan Private Military Contractors (PMCs) Dalam Hukum Humaniter Internasional
Introduction: Private Military Contractors (PMCs) are private companies engaged in providing professional security and military services for profit. The involvement of its members in armed conflicts often results in unclear status in international humanitarian law, many assume that the PMC is the same as mercenaries. So we need in-depth analysis to distinguish the status of the two. Purposes of the Research: To analyze the working time has been regulated in International Humanitarian Law, and the position of Private Military Contractors (PMCs) in International Humanitarian Law. 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 the regulation on mercenaries explicitly existed only in Additional Protocol I of 1977. However, in fact, provisions that resemble mercenaries have been regulated in the 1907 Hague Convention and regulated in Geneva Convention III 1949 in this convention the term mercenary has been included. (Mercenary). The unclear legal status of PMCs members, especially when working in situations of armed conflict, puts them in a gray area which has the potential to cause debate about their presence in an armed conflict which also impacts the protection of their human rights. So far, many parties have identified members of Private Military Contractors (PMCs) with mercenaries, so that a stigma has emerged that calls them "reincarnations" of mercenaries (mercenaries / soldier of fortune / dogs of war). However, the concept of mercenaries as contained in Article 47 of Additional Protocol II 1977 cannot be applied optimally to PMCs, especially to determine their legal status when serving in situations of armed conflict.
Copyright (c) 2021 Elvira Liminanto, Josina Augustina Yvonne Wattimena, Johanis Steny Franco Peilouw https://creativecommons.org/licenses/by-nc/4.0