2026-05-19T10:45:39Z https://fhukum.unpatti.ac.id/jurnal/tatohi/oai

oai:ojs.fhukum.unpatti.ac.id:article/946 2022-06-21T07:17:31Z palau:ART driver

oai:ojs.fhukum.unpatti.ac.id:article/498 2021-03-07T12:26:16Z balobe:ART driver

oai:ojs.fhukum.unpatti.ac.id:article/469 2021-01-23T07:44:52Z sasi:CVR driver

oai:ojs.fhukum.unpatti.ac.id:article/3834 2026-05-06T02:04:31Z tatohi:ART driver

Restorative Justice as an Alternative to Law Enforcement Against the Child of Motorcycle Theft Perpetrators Anggi, Jessyca Octavia Berutu, Sigar P Ardini, Aida Restorative Justice; Children; Motorcycle Theft; Diversion; Juvenile Criminal Justice System Introduction: Law enforcement is a concrete effort to reflect the moral values contained in legal norms. The increasing prevalence of motor vehicle theft committed by children is rising in Medan City, supported by complex social, economic, and psychological factors.Purposes of the Research: This research aims to analyze how law enforcement is applied to children who commit motorcycle theft in Medan City, and to identify the causative factors of children's involvement in such criminal acts.Methods of the Research: The research uses a normative juridical approach with qualitative methods through interviews, observations, and literature studies.Findings of the Research: The results indicate that law enforcement against juvenile perpetrators of motor vehicle theft in Medan City is implemented based on Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, prioritizing a restorative justice approach through diversion mechanisms. This approach is applied because children have not yet achieved full psychological and emotional maturity, making rehabilitation-oriented handling more appropriate. Causative factors include: weak family supervision, peer pressure, economic hardship, low moral education, emotional instability, and inadequate community security systems. Restorative justice serves as an alternative law enforcement approach that emphasizes not only legal certainty but also more humane justice for all parties. Faculty of Law, Universitas Pattimura 2026-04-30 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/3834 10.47268/tatohi.v6i2.3834 TATOHI: Jurnal Ilmu Hukum; Volume 6 Issue 2, April 2026; 94-100 2775-619X 10.47268/tatohi.v6i2 eng https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/3834/pdf https://fhukum.unpatti.ac.id/jurnal/tatohi/article/downloadSuppFile/3834/803 Copyright (c) 2026 Jessyca Octavia Anggi, Sigar P Berutu, Aida Ardini http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/3826 2026-05-06T02:04:31Z tatohi:ART driver

Religious Freedom and House of Worship Licensing on Private Land Siahaan, Ester Debora Panjaitan, Hulman Saragi, Paltiada Religious Freedom; House of Worship Licensing; Private Land; Rule of Law; Human Rights Introduction: This article analyzes the legal protection of religious freedom regarding the licensing of houses of worship built on private land. While the Indonesian Constitution strictly guarantees the right to worship, administrative barriers often hinder this fundamental freedom. This study specifically addresses the practical challenges and discriminatory requirements faced by minority religious groups in navigating restrictive local regulations.Purposes of the Research: The purpose of this article is to evaluate the legal alignment between constitutional rights and administrative regulations regarding the establishment of places of worship. Examine the interaction between individual land ownership rights (Property Certificate) and licensing requirements. Furthermore, this study explores a more sensitive legal protection model to ensure legal certainty for minority groups in Indonesia.Methods of the Research: This study uses a normative legal method by examining legal norms, principles, and doctrines related to religious freedom. The study uses legislative, conceptual, and case approaches, focusing on Gereja Kasih Karunia Indonesia (GEKARI) in Jakarta. Data analysis is carried out qualitatively through systematic and constitutional interpretation of primary and secondary legal materials.Findings of the Research: The findings prove that restrictive administrative requirements, such as local community support, create a "social veto" that undermines constitutional religious freedom. This research offers a novel perspective by integrating agrarian law’s social function with administrative law to protect worship on private property. It concludes that shifting from a social-approval model to objective administrative verification is essential for legal certainty. Faculty of Law, Universitas Pattimura 2026-04-30 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/3826 10.47268/tatohi.v6i2.3826 TATOHI: Jurnal Ilmu Hukum; Volume 6 Issue 2, April 2026; 86-93 2775-619X 10.47268/tatohi.v6i2 eng https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/3826/pdf Copyright (c) 2026 Ester Debora Siahaan, Hulman Panjaitan, Paltiada Saragi http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/3756 2026-05-06T02:04:31Z tatohi:ART driver

Abuse of Authority in Modern Automotive Workshop Employment Relationships: An Analysis of Embezzlement in Office in Specialized Car Air Conditioning and Suspension Workshops Albertin, Thomas Panggabean, Mompang L Siregar, Rospita Adelina Abuse of Trust; Embezzlement in Office; Automotive Workshop Introduction: Embezzlement in office constitutes a form of crime arising from the abuse of trust within employment relationships, particularly in the automotive workshop sector, which is characterized by intensive asset management and high-frequency daily transactions. Modern car workshops operate through complex interactions involving cash handling, spare parts circulation, and technical service authority, creating structural vulnerabilities to occupational crime.Purposes of the Research: This article aims to analyze the practice of embezzlement in office within specialized car air conditioning and suspension workshops, with particular emphasis on the legal construction of employment relationships, the scope of employee authority, and the lawful possession of property that is subsequently abused.Methods of the Research: The research employs a statutory and conceptual approach, focusing primarily on the provisions of Article 488 of the New Indonesian Criminal Code. Doctrinal analysis is used to examine the elements of the offense, especially in relation to authority, trust, and asset control within the framework of employment.Findings of the Research: The analysis demonstrates that the operational characteristics of automotive workshops—such as cash management, spare parts administration, administrative record-keeping, and delegated technical service authority—generate heightened susceptibility to embezzlement aggravated by position. The article asserts that the elements of an “employment relationship” and “trust” constitute decisive factors in establishing embezzlement in office, thereby distinguishing it from ordinary embezzlement. This research underscores the necessity of a comprehensive understanding of employment relations and mechanisms of asset possession to ensure the accurate and proportional application of criminal law. Faculty of Law, Universitas Pattimura 2026-04-30 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/3756 10.47268/tatohi.v6i2.3756 TATOHI: Jurnal Ilmu Hukum; Volume 6 Issue 2, April 2026; 77-85 2775-619X 10.47268/tatohi.v6i2 eng https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/3756/pdf Copyright (c) 2026 Thomas Albertin, Mompang L Panggabean, Rospita Adelina Siregar http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/3267 2026-05-06T02:04:31Z tatohi:ART driver

Legal Consequences for Debtors Due to Failure to Remove Fiduciary Guarantees Rachmawati, Miranti Ayu Haliwela, Nancy Silvana Sinaga, Roulinta Yesvery Fiduciary Security; Deletion; Legal Consequences Introduction: The issue of the non-deletion of fiduciary security remains a matter that continues to be overlooked. In many cases, the deletion is not carried out by the fiduciary recipient, their representative, or attorney after the termination of the principal agreement. This situation causes harm to the fiduciary grantor, even though the loss may not be felt directly. One of the consequences is that when the fiduciary grantor applies for a loan from a financial institution, the application may be rejected because the collateral object is still recorded as active in the fiduciary registry.Purposes of the Research: To identify and analyze the factors behind the non-deletion of fiduciary security and the legal consequences for the fiduciary grantor if the fiduciary security is not deleted.Methods of the Research: The research method used is normative legal research with a statutory approach and case approach. The sources of legal materials used include primary legal materials, secondary legal materials, and tertiary legal materials. The technique for collecting legal materials is carried out through literature study using a qualitative method, along with limited interviews as supporting field data to strengthen the normative analysis.Findings of the Research: The research results show that the failure to delete fiduciary security by the fiduciary recipient is caused by their negligence and lack of awareness regarding the obligation to carry out the deletion. In addition, the absence of strict sanctions for failing to perform the deletion contributes to the issue. This situation causes harm to the public, resulting in disruptions to their economic activities. Therefore, there is a need for stricter regulations concerning the deletion process, and the Ministry of Law and Human Rights must continuously supervise these financing institutions. Faculty of Law, Universitas Pattimura 2026-04-30 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/3267 10.47268/tatohi.v6i2.3267 TATOHI: Jurnal Ilmu Hukum; Volume 6 Issue 2, April 2026; 64-76 2775-619X 10.47268/tatohi.v6i2 eng https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/3267/pdf Copyright (c) 2026 Miranti Ayu Rachmawati, Nancy Silvana Haliwela, Roulinta Yesvery Sinaga http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/3261 2026-05-06T02:04:31Z tatohi:ART driver

Legal Consequences of Mafqud (Missing Persons) Wealth According to Islamic Law Zidan, Amidan Angga, La Ode Fataruba, Sabri Islamic Law; Religious Qourts; Mafqud Introduction: A missing person case occurred in one of the villages of Padaelo, Lalolang Village, Tanete Rilau District, Baru Regency, South Sulawesi, where a husband disappeared and after 8 years of disappearance he returned to his house which at that time had been sold by the heirs of his wife and child so that he also reported this to the local village government and the results of the report showed that the wife had sold her house and her inheritance in the form of rice fields and then she returned to her hometown.Purposes of the Research: Know and study the procedures for determining the assets of missing persons according to Islamic law and explain the legal consequences for assets according to Islamic 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.Findings of the Research: The research results show that the mafqud's legal status must be determined by a judge through a court process before his assets can be distributed. As long as the status is not clear, mafqud assets must be frozen and cannot be transferred or distributed. The procedure for determining mafqud involves submitting an application by the heirs or interested parties to the Religious Court, taking into account the evidence and the circumstances of the person's disappearance. The legal consequences for Mafqud's assets depend on the judge's decision. If the mafqud is declared dead, his inheritance is distributed to the heirs according to the faraid provisions. However, if the mafqud returns, the property must be returned to him, unless it has been used legally. The role of judges is very important in creating legal certainty and protecting the rights of mafqud, heirs and interested parties. Faculty of Law, Universitas Pattimura 2026-04-30 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/3261 10.47268/tatohi.v6i2.3261 TATOHI: Jurnal Ilmu Hukum; Volume 6 Issue 2, April 2026; 50-63 2775-619X 10.47268/tatohi.v6i2 eng https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/3261/pdf Copyright (c) 2026 Amidan Zidan, La Ode Angga, Sabri Fataruba http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/3780 2026-04-01T14:19:06Z tatohi:ART driver

The Effectiveness of the Absentee Ownership Ban in Supporting National Food Security Soediro, Soediro Muhammad, Mahdi Absentee Land Ownership; Agrarian Law; Food Security; Land Productivity; Land Policy. Introduction: Agricultural land constitutes a strategic foundation for national food security and food sovereignty. However, absentee ownership—where land is held by individuals who neither reside near nor actively cultivate it—continues to weaken agricultural productivity and distort land governance. Although the Basic Agrarian Law formally prohibits such practices, structural and normative deficiencies hinder effective enforcement.Purposes of the Research: This study aims to analyze the effectiveness of absentee ownership prohibition regulations and formulate policy recommendations to improve their implementation in order to support food security.Methods of the Research: The research employs a normative juridical (doctrinal) method focusing on positive legal norms governing absentee land ownership. It utilizes statutory, conceptual, and public policy approaches to assess regulatory coherence, enforcement limitations, and the need for reform, particularly in strengthening agrarian governance and its integration with national food policy frameworks.Findings of the Research: The findings demonstrate that the existing regulatory regime remains weak in supervision, operational definitions of active management, progressive sanctioning mechanisms, and integration with sustainable agricultural land protection policies. This study advances agrarian scholarship by repositioning the expansion of the absentee prohibition as a strategic governance instrument directly linked to land productivity, sustainable utilization, and national food security enhancement. This research offers a new perspective by integrating the prohibition of absentee ownership into a comprehensive food security policy framework, which has not been widely explored in the literature. Faculty of Law, Universitas Pattimura 2026-03-31 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/3780 10.47268/tatohi.v6i1.3780 TATOHI: Jurnal Ilmu Hukum; Volume 6 Issue 1, March 2026; 36-49 2775-619X 10.47268/tatohi.v6i1 eng https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/3780/pdf Copyright (c) 2026 Soediro Soediro, Mahdi Muhammad http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/3753 2026-04-01T14:19:06Z tatohi:ART driver

The Legal Structure's Impact on Crime Reduction: Challenges and Opportunities M D, Sintong Hamonangan Panggabean, Mompang Lycurgus Siregar, Rospita Adelina Legal Structure; Legal Structure; Control. Introduction: This paper analyzes the strategic role of legal structure in addressing crime as a social phenomenon that threatens public order and legal stability. Legal structure comprises legal norms and law enforcement institutions, including the police, prosecutors, courts, and correctional facilities, which collectively support crime prevention, law enforcement, and offender rehabilitation.Purposes of the Research: The research aims to examine the functions of legal structure in preventing, suppressing, and rehabilitating criminal conduct, as well as to identify institutional and societal challenges affecting the effectiveness of crime control.Methods of the Research: This study applies a normative juridical approach, using statutory and conceptual analysis to assess criminal law policies and the performance of the criminal justice system in crime prevention and control.Findings of the Research: The findings reveal that legal structure operates through three key stages: legislative formulation grounded in legality, proportionality, and humanism; judicial application requiring institutional coordination within the criminal justice system; and administrative execution focused on offender rehabilitation and reintegration. The study identifies internal obstacles such as corruption, limited institutional capacity, regulatory complexity, and bureaucratic inefficiency, alongside external challenges including low public legal awareness, unequal access to justice, and rapid technological change. The research proposes reforms to strengthen institutional integrity, enhance legal capacity and infrastructure, harmonize regulations, expand legal education and free legal aid, and promote restorative justice involving community participation. The originality of this study lies in its integrated, stage-based analysis of legal structure and its emphasis on institutional synergy and public engagement as essential elements for sustainable crime prevention and substantive justice. Faculty of Law, Universitas Pattimura 2026-03-31 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/3753 10.47268/tatohi.v6i1.3753 TATOHI: Jurnal Ilmu Hukum; Volume 6 Issue 1, March 2026; 31-35 2775-619X 10.47268/tatohi.v6i1 eng https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/3753/pdf Copyright (c) 2026 Sintong Hamonangan M D, Mompang Lycurgus Panggabean, Rospita Adelina Siregar http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/3253 2026-04-01T14:19:06Z tatohi:ART driver

The Judicial Commission's Supervisory Authority on the Behavior of Constitutional Court Judges Pohwainyaan, Almendo Imanuel Salmon, Hendrik Irham, Muhammad Supervisory Authority; Judge's Behavior; Judicial Commission; Constitutional Court. Introduction: Indonesia as a legal state upholds the principle of rule of law based on the 1945 Constitution, has institutions such as the Supreme Court, Constitutional Court, and Judicial Commission (KY) that play an important role in the justice system.Purposes of the Research: The purpose of this paper is to analyze and discuss the authority of the Judicial Commission in supervising constitutional judges and to analyze and explain the mechanism of Judicial Commission supervision of constitutional judges after Constitutional Court Decision Number: 005/PUU-TV/2006.Methods of the Research: The type of research used is normative juridical research. The problem approach used is a statutory approach and a conceptual approach. Sources of legal materials are primary legal sources and secondary legal materials. Procedures for collecting legal materials through literature studies. Processing and analyzing legal materials qualitatively.Findings of the Research: The results showed that to achieve a good and ideal judicial system, it can be realized by maintaining the objectivity and integrity of decisions and the behavior of judges in the judicial power, but currently the position and authority of the Judicial Commission (KY) as an external supervisory institution of the judiciary is still very weak due to restrictions by the Constitutional Court Decision Number: 005/PUU/IV-2006 and a narrow interpretation of the 1945 Constitution, so to answer the needs of the community, it is necessary to revise Law Number 18 of 2011 to explicitly emphasize the authority of KY in supervising all judges, including constitutional judges. KY must also be recognized as a state institution that is equal to the Supreme Court and the Constitutional Court in the Indonesian constitutional system, in accordance with the principle of checks and balances, to ensure effective, transparent and accountable supervision. Faculty of Law, Universitas Pattimura 2026-03-31 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/3253 10.47268/tatohi.v6i1.3253 TATOHI: Jurnal Ilmu Hukum; Volume 6 Issue 1, March 2026; 14-30 2775-619X 10.47268/tatohi.v6i1 eng https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/3253/pdf https://fhukum.unpatti.ac.id/jurnal/tatohi/article/downloadSuppFile/3253/650 https://fhukum.unpatti.ac.id/jurnal/tatohi/article/downloadSuppFile/3253/651 Copyright (c) 2026 Almendo Imanuel Pohwainyaan, Hendrik Salmon, Muhammad Irham http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/3247 2026-04-01T14:19:06Z tatohi:ART driver

Legal implications Parental Responsibility Due to Electronic Agreements Made by Minors Souhoka, Elma Berlianty, Teng Labetubun, Muchtar Anshary Hamid Liability; Electronic Agreements; Minors. Introduction: The current era of globalization has resulted in very rapid technological developments, people are facilitated in meeting their needs through electronic transactions. However, the ease of conducting electronic transactions means that it can also be done by minors, this certainly has legal consequences from the electronic agreement made so that parents/guardians can be held accountable for the agreement.Purposes of the Research: The purpose of this study is how to enrich the understanding of parental responsibilities in electronic agreements carried out by minors.Methods of the Research: Normative legal research, with a statute approach and a conceptual approach.Findings of the Research: Results study This show that agreement electronics that are done by children under age , no legitimate in a way law based on Article 1320 of the Civil Code and Article 46 of the Regulations Government Number 71 of 2019 concerning with condition legitimacy a agreement . Parents or guardians are responsible answer on agreement electronics that are done by child , responsibility answer the in law civil Indonesia known with draft vicarious liability (responsibility substitute ) which is set in Article 1367 of the Civil Code , in matter this parents can do payment on purchased products or follow intrusion from the party perpetrator business For repair error (filing return goods). Faculty of Law, Universitas Pattimura 2026-03-31 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/3247 10.47268/tatohi.v6i1.3247 TATOHI: Jurnal Ilmu Hukum; Volume 6 Issue 1, March 2026; 7-13 2775-619X 10.47268/tatohi.v6i1 eng https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/3247/pdf Copyright (c) 2026 Elma Souhoka, Teng Berlianty, Muchtar Anshary Hamid Labetubun http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/3231 2026-04-01T14:19:05Z tatohi:ART driver

Removal of Boundary Markers on Sebatik Island: Legal Implications for Regional Sovereignty and Protection of Border Communities Titaley, Gracio Sulistyo Wattimena, Josina Augustina Yvonne Leatemia, Wilshen Border Law; Stake Transfer; Territorial Sovereignty; Border Communities. Introduction: Borders represent a manifestation of state sovereignty. The relocation of boundary markers between Indonesia and Malaysia on Sebatik Island without formal agreement violates international law. Such actions may alter legally recognized territorial boundaries and thus constitute a breach of sovereignty, potentially leading to serious legal implications.Purposes of the Research: The purpose of this study is to analyze the legal consequences of relocating boundary markers between nations, particularly between Indonesia and Malaysia on Sebatik Island. It also examines the implications for territorial sovereignty, bilateral relations, and the provisions of international law governing officially recognized and binding state borders.Methods of the Research: This research is a normative legal research “legal research" is a study of documents (using legal material sources such as laws and regulations, court decisions, legal theories and or opinions of scholars). In simple terms, this type of research is also called doctrinal legal research, literature or document studies.Findings of the Research: The study found that unilateral stake removals not only violate international law, but also threaten the economic and social rights of border communities, as well as weaken Indonesia's bargaining position in bilateral negotiations. In addition, weak surveillance in the border area also allows for unilateral transfers by interested parties. Faculty of Law, Universitas Pattimura 2026-03-31 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/3231 10.47268/tatohi.v6i1.3231 TATOHI: Jurnal Ilmu Hukum; Volume 6 Issue 1, March 2026; 1-6 2775-619X 10.47268/tatohi.v6i1 eng https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/3231/pdf Copyright (c) 2026 Gracio Sulistyo Titaley, Josina Augustina Yvonne Wattimena, Wilshen Leatemia http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/3730 2026-03-07T07:15:27Z tatohi:ART driver

Causation in Medical Malpractice: Evaluating Conditio Sine Qua Non, Adequate Causation, and Objective Imputation in Indonesian Court Decisions Muabuay, James Wilson Panggabean, Mompang Lycurgus Siregar, Rospita Adelina Causation; Medical Malpractice; Conditio Sine Qua Non; Criminal Liability. Introduction: This study examines the application of causation theories in medical malpractice cases, focusing on the complex intersection between medical uncertainty and legal certainty. Within the inherently multi-causal nature of clinical practice, establishing a definitive causal link between a physician's omission and a patient's death remains a significant judicial challenge in Indonesia.Purposes of the Research: This research aims to evaluate the consistency of judicial reasoning in applying causation theories through an in-depth analysis of the District Court of Denpasar Decision No. 126/Pid.Sus/2011/PN.Dps. Furthermore, it seeks to identify whether the court's approach aligns with modern normative attribution standards in criminal law.Methods of the Research: Employing a normative legal research method with statute, case, and conceptual approaches, the study compares conditio sine qua non, adequate causation, and objective imputation.Findings of the Research: Findings reveal a “methodological shift” in judicial reasoning, moving from rigid factual analysis towards elements of adequate causation and objective imputation. However, a critical flaw identified is the court's failure to distinguish between “inherent medical risks” and “negligent risks”. The novelty lies in exposing the inconsistent application of these theories, leading to legal unpredictability. The study concludes that Indonesian courts require a more robust normative framework, particularly the integration of objective imputation, to ensure criminal liability in medical malpractice is assessed based on professional standards, not just fatal outcomes. Faculty of Law, Universitas Pattimura 2026-03-07 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/3730 10.47268/tatohi.v5i12.3730 TATOHI: Jurnal Ilmu Hukum; Volume 5 Issue 12, February 2026; 597-601 2775-619X 10.47268/tatohi.v5i12 eng https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/3730/pdf Copyright (c) 2026 James Wilson Muabuay, Mompang Lycurgus Panggabean, Rospita Adelina Siregar http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/3701 2026-03-07T07:15:27Z tatohi:ART driver

Cyber Sovereignty and Artificial Intelligence Regulation in Indonesia as A Strategy for Strengthening Legal Frameworks and Public Protection Abdi, Shafa Sakinah Pratiwi, Pingki Artificial Intelligence; Cyber Sovereignty; Legal Regulation. Introduction: The rapid development of artificial intelligence (AI) in Indonesia has brought significant transformations in the economic, communication, and public service sectors, while also giving rise to the potential for cybercrimes, such as digital fraud, identity manipulation, and the spread of false content. This phenomenon underscores the urgency of establishing a comprehensive legal framework to close regulatory loopholes that have the potential to threaten legal certainty, accountability, and human rights protection.Purposes of the Research: This study aims to analyze the urgency and regulatory strategy of AI in Indonesia through an integrated approach that includes regulatory structure, legal substance, and legal system based on the principle of cyber sovereignty.Methods of the Research: The research uses a normative juridical method by examining primary legal materials, such as national laws and regulations and relevant international legal instruments, as well as secondary legal materials in the form of literature, journals, and opinions of legal experts.Findings of the Research: Through an integrated approach that includes regulatory structures, legal substances, and legal systems based on the principle of cyber sovereignty, it is found that Indonesia needs adaptive, comprehensive, and sustainable AI regulations to ensure human rights protection, digital security, and responsible use of technology. Faculty of Law, Universitas Pattimura 2026-03-07 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/3701 10.47268/tatohi.v5i12.3701 TATOHI: Jurnal Ilmu Hukum; Volume 5 Issue 12, February 2026; 584-596 2775-619X 10.47268/tatohi.v5i12 eng https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/3701/pdf Copyright (c) 2026 Shafa Sakinah Abdi, Pingki Pratiwi http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/3608 2026-03-07T07:15:27Z tatohi:ART driver

Legal Analysis of Inmate Development to Optimize the Correctional System in Cirebon Prison Kowasmar Putra, Suyadi Hamamah, Fatin Walim, Walim Implementation; Inmate Development; Prisoners; Correctional Institution. Introduction: This article examines the legal and practical framework of inmate development within Indonesia’s correctional system following the enactment of Law Number 22 of 2022 on Corrections. It highlights ongoing challenges in ensuring that correctional institutions effectively fulfill their rehabilitative mandate, with Cirebon Class IIA Correctional Facility serving as the primary locus of analysis.Purposes of the Research: The purpose of this study is to analyze the legal regulation of inmate development under Law Number 22 of 2022, evaluate its implementation in Cirebon Class IIA Correctional Facility, and identify inhibiting factors as well as the institutional efforts undertaken to optimize inmate development in accordance with national correctional standards.Methods of the Research: This research employs a descriptive qualitative design combining normative and empirical juridical approaches. Secondary legal materials from primary and secondary sources underpin the analysis. Data interpretation uses a deductive reasoning model through syllogistic analysis to assess the alignment of legal norms with on-ground practices in the implementation of inmate development programs.Findings of the Research: This study confirms that the Cirebon Class IIA Correctional Institution has made great efforts to fulfill the rights of inmates in accordance with the mandate of the Law on Corrections, which is manifested in the implementation of spiritual, social, health, and vocational development programs. These institutional efforts include the provision of routine religious guidance, psychological and social counseling, health seminars, and vocational skills training such as carpentry, agriculture, and handicrafts. However, the optimal implementation of these programs is severely hampered by significant structural challenges, namely severe overcapacity of inmates, limited number of correctional personnel and professional experts (psychologists, social workers, vocational instructors), and inadequate facilities and infrastructure to accommodate and support development activities effectively. The study highlights the gap between the ideal legal framework (das sollen) and the operational reality on the ground (das sein), while also demonstrating collaborative initiatives with external parties and proposals to increase resource allocation as mitigation measures. Faculty of Law, Universitas Pattimura 2026-03-07 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/3608 10.47268/tatohi.v5i12.3608 TATOHI: Jurnal Ilmu Hukum; Volume 5 Issue 12, February 2026; 576-583 2775-619X 10.47268/tatohi.v5i12 eng https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/3608/pdf Copyright (c) 2026 Suyadi Kowasmar Putra, Fatin Hamamah, Walim Walim http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/3243 2026-03-07T07:15:27Z tatohi:ART driver

Legal Review of Drone Use as Weapons and Surveillance Tools in Armed Conflict: An International Humanitarian Law Perspective Lourens, Priska Marsya Peilouw, Johanis Stenly Franko Waas, Armelia Febrianty Drones; Surveillance Devices; Armed Conflict; International Humanitarian Law. Introduction: This article examines the use of unmanned aerial vehicles (drones) as weapons and surveillance tools in armed conflict. The core issue lies in the potential inconsistency between current drone practices and fundamental principles of international humanitarian law, specifically distinction and proportionality.Purposes of the Research: This research aims to analyze the legality of drone deployment in armed conflict under international humanitarian law. Methods of the Research: This research uses a normative legal method with a literature study approach, focusing on the analysis of relevant laws and international legal documents.Findings of the Research: Findings indicate that drone use can violate the principles of distinction and proportionality, often leading to disproportionate civilian casualties due to difficulties in distinguishing between military and civilian targets. Furthermore, the absence of specific international regulations on drone warfare creates a legal vacuum, increasing the risk of violations and abuse. Therefore, the study concludes that specialized regulations are urgently needed to align technological advancements with humanitarian law principles. Faculty of Law, Universitas Pattimura 2026-03-07 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/3243 10.47268/tatohi.v5i12.3243 TATOHI: Jurnal Ilmu Hukum; Volume 5 Issue 12, February 2026; 564-575 2775-619X 10.47268/tatohi.v5i12 eng https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/3243/pdf Copyright (c) 2026 Priska Marsya Lourens, Johanis Stenly Franko Peilouw, Armelia Febrianty Waas http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/3227 2026-03-07T07:15:26Z tatohi:ART driver

Legal Implications of Joint Property Control by the Second Wife in Inheritance Disputes Islamic Law Perspective Akbar, Muhamad Haidir Angga, La Ode Latupono, Barzah Inheritance; Polygamy; Islamic Law. Introduction: Inheritance disputes in polygamous families often lead to conflict, especially when the second wife controls all the inheritance without a fair division to the first wife and her children.Purposes of the Research: The purpose of this study is to find out the procedure for distributing inheritance to the first and second wives in accordance with Islamic principles, as well as to find out the legal consequences for the joint property of the first wife that is controlled by the second wife.Methods of the Research: This research uses a normative juridical method with a legislative and conceptual approach, and is analyzed qualitatively. The data sources come from literature studies, legal literature, laws and regulations, and the Compilation of Islamic Law.Findings of the Research: The procedure for distributing inheritance to the heirs of the deceased husband begins with identifying the inheritance, including inheritance and joint property, then deducting debts, funeral expenses, and wills, before being distributed to the heirs according to fariath. As a result of the law of the joint property of the first wife which is controlled by the second wife, without a valid legal basis, it is contrary to the principle of justice in Islam and can be considered as an act of ghasab (deprivation of rights). Wives in polygamous marriages are only entitled to joint property acquired during their respective marriages. Therefore, the second wife is not entitled to control the property that is the result of the husband's marriage to the first wife. Such possession can give rise to the obligation to restore rights, trigger inheritance conflicts, and lawsuits from other heirs. Faculty of Law, Universitas Pattimura 2026-03-07 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/3227 10.47268/tatohi.v5i12.3227 TATOHI: Jurnal Ilmu Hukum; Volume 5 Issue 12, February 2026; 552-563 2775-619X 10.47268/tatohi.v5i12 eng https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/3227/pdf Copyright (c) 2026 Muhammad Haidir Akbar, La Ode Angga, Barzah Latupono http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/3651 2026-02-07T06:46:35Z tatohi:ART driver

Normative Contestation between Severance Pay and Employment Social Security in Indonesian Labour Law Kurnia, Ade Chandra Sesung, Rusdianto Pratama, Febrian Rizki Severance Pay; Employment Social Security; Labour Law; Legal Certainty. Introduction: This article analyzes the normative contestation between severance pay and employment social security benefits within Indonesian labour law following recent legislative reforms. The blurring distinction between employer-based severance obligations and contributory social security schemes has generated legal uncertainty, inconsistent judicial decisions, and potential erosion of worker protection principles in termination of employment cases.Purposes of the Research: The purpose of this research is to examine whether employment social security benefits, particularly Old-Age Security Benefits and Pension Security Benefits, may be lawfully interpreted as substitutes for or deductions from severance pay. The study aims to clarify doctrinal boundaries and reaffirm the protective function of labour law grounded in justice and employer responsibility.Methods of the Research: This research employs normative legal research using statutory, conceptual, and case approaches. Primary legal materials include labour legislation, constitutional provisions, and industrial relations court decisions, supported by scholarly literature. Legal interpretation and systematic analysis are applied to identify normative inconsistencies and formulate prescriptive legal conclusions.Findings of the Research: The findings reveal a fundamental normative misreading that conflates severance pay with employment social security benefits. This research offers originality by demonstrating that such substitution reallocates termination risk to workers, undermines legal certainty, and weakens labour protection. It proposes reaffirming severance pay as an independent, mandatory labour right. Faculty of Law, Universitas Pattimura 2026-01-31 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/3651 10.47268/tatohi.v5i11.3651 TATOHI: Jurnal Ilmu Hukum; Volume 5 Issue 11, January 2026; 544-551 2775-619X 10.47268/tatohi.v5i11 eng https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/3651/pdf Copyright (c) 2026 Ade Chandra Kurnia, Rusdianto Sesung, Febrian Rizki Pratama http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/3649 2026-02-07T06:46:35Z tatohi:ART driver

The Urgency of Regulating the In Dubio Pro Natura Principle within the National Environmental Law System Atabiya, M Haikal Wulan, Evi Retno In Dubio Pro Natura; Environmental Law; Judicial Interpretation; Legal Certainty. Introduction: This article examines the alleged corruption in tugboat service operations at Pangkalbalam Port between 2020 and 2022. The issue emerged from several vessels that were not charged tugboat service fees, raising suspicions of potential state losses. The case became a legal concern because service exemptions in state-owned port enterprises must comply strictly with national maritime regulations.Purposes of the Research: The purpose of this study is to conduct a juridical analysis of whether the absence of tugboat service charges constitutes a corruption offense under Indonesian anti-corruption law. This research further seeks to clarify the legal classification of vessels subject to mandatory tug services and evaluate the regulatory compliance of port operators in determining service obligations.Methods of the Research: This study applies a normative juridical method using statutory, case, and jurisprudential approaches. Data sources include case files, maritime transport laws, Ministerial Regulations on pilotage and towage services, internal tariff policies of PT Pelindo, and relevant court decisions. These legal materials are analyzed systematically to determine whether all elements of corruption and state financial loss are fulfilled based on applicable legislation.Findings of the Research: The findings prove that the vessels exempted from tugboat service charges were legally categorized as non-mandatory tug vessels under Law Number 17/2008, Ministerial Regulation PM 57/2015, and PT Pelindo’s tariff policies. No elements of abuse of authority, illicit enrichment, or state financial loss were found; therefore, the case could not proceed to prosecution. This research offers novelty by clarifying vessel-classification mechanisms and recommending improved regulatory understanding for port operators. Faculty of Law, Universitas Pattimura 2026-01-31 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/3649 10.47268/tatohi.v5i11.3649 TATOHI: Jurnal Ilmu Hukum; Volume 5 Issue 11, January 2026; 536-543 2775-619X 10.47268/tatohi.v5i11 eng https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/3649/pdf Copyright (c) 2026 M Haikal Atabiya, Evi Retno Wulan http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/3607 2026-02-07T06:46:34Z tatohi:ART driver

Legal Analysis of Alleged Corruption in Vessel Services within State-Owned Port Service Enterprises Risnandi, Faisal Hamamah, Fatin Walim, Walim Corruption; Tugboat Services; Port; Vessel Services; Internal Investigation. Introduction: This article examines the alleged corruption in tugboat service operations at Pangkalbalam Port between 2020 and 2022. The issue emerged from several vessels that were not charged tugboat service fees, raising suspicions of potential state losses. The case became a legal concern because service exemptions in state-owned port enterprises must comply strictly with national maritime regulations.Purposes of the Research: The purpose of this study is to conduct a juridical analysis of whether the absence of tugboat service charges constitutes a corruption offense under Indonesian anti-corruption law. This research further seeks to clarify the legal classification of vessels subject to mandatory tug services and evaluate the regulatory compliance of port operators in determining service obligations.Methods of the Research: This study applies a normative juridical method using statutory, case, and jurisprudential approaches. Data sources include case files, maritime transport laws, Ministerial Regulations on pilotage and towage services, internal tariff policies of PT Pelindo, and relevant court decisions. These legal materials are analyzed systematically to determine whether all elements of corruption and state financial loss are fulfilled based on applicable legislation.Findings of the Research: The findings prove that the vessels exempted from tugboat service charges were legally categorized as non-mandatory tug vessels under Law Number 17/2008, Ministerial Regulation PM 57/2015, and PT Pelindo’s tariff policies. No elements of abuse of authority, illicit enrichment, or state financial loss were found; therefore, the case could not proceed to prosecution. This research offers novelty by clarifying vessel-classification mechanisms and recommending improved regulatory understanding for port operators. Faculty of Law, Universitas Pattimura 2026-01-31 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/3607 10.47268/tatohi.v5i11.3607 TATOHI: Jurnal Ilmu Hukum; Volume 5 Issue 11, January 2026; 529-535 2775-619X 10.47268/tatohi.v5i11 eng https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/3607/pdf Copyright (c) 2026 Faisal Risnandi, Fatin Hamamah, Walim Walim http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/3245 2026-02-07T06:46:34Z tatohi:ART driver

Distribution of Royalties for Songs Created by Husband After Divorce Latusawaule, Jilly Sekale Latupono, Barzah Labetubun, Muchtar Anshary Hamid Royalties; Copyright; Joint Property. Introduction: This study analyzes the distribution of royalties on songs created by husbands after divorce as a form of joint property in marriage. This issue is significant in Indonesia, considering that royalties are included as Intellectual Property Rights that can provide economic value for divorced couples, but are not yet fully protected and often trigger legal disputes.Purposes of the Research: This study aims to explain the mechanism for the distribution of royalties from songs created by a husband after divorce as joint property and the legal consequences for wives who do not receive these royalties.Methods of the Research: This study uses a normative legal research method with a statutory and conceptual approach. The analysis was conducted based on Law Number 1 of 1974 in conjunction with Law Number 16 of 2019 concerning Marriage, Law Number 28 of 2014 concerning Copyright, and Government Regulation Number 56 of 2021 concerning the management of royalties for song and/or music creations.Findings of the Research: The results of this study reveal that royalties for songs created by the husband obtained during the marriage are included in joint assets that must be divided fairly in accordance with Article 35 and Article 37 of the Marriage Law. A wife who does not receive her share can file a lawsuit to obtain legal protection for the royalties. This division can also be carried out through deliberation, mediation, or court decisions to ensure justice for both parties. Faculty of Law, Universitas Pattimura 2026-01-31 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/3245 10.47268/tatohi.v5i11.3245 TATOHI: Jurnal Ilmu Hukum; Volume 5 Issue 11, January 2026; 516-528 2775-619X 10.47268/tatohi.v5i11 eng https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/3245/pdf https://fhukum.unpatti.ac.id/jurnal/tatohi/article/downloadSuppFile/3245/648 Copyright (c) 2026 Jilly Sekale Latusawaule, Barzah Latupono, Muchtar Anshary Hamid Labetubun http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/3110 2026-02-07T06:46:34Z tatohi:ART driver

Criminal Act of Child Neglect in the Household Marlissa, Indah Glodia Adam, Sherly Sopacua, Margie Gladies Criminal Acts; Child Neglect; Household Scope. Introduction: Children are one of the groups who often become victims of discrimination, violence and exploitation. As a legal state based on Pancasila as the ideology and foundation of a state that upholds the values of social justice, Pancasila has the aim of achieving balance, or harmony and being able to embrace society.Purposes of the Research: The purpose of this paper is to analyze and discuss the regulation of the crime of child neglect in the household scope in laws and regulations and to analyze and discuss the form of the crime of child neglect in the household scope.Methods of the Research: The type of research used is normative legal research. The problem approach used is the legislative approach and the conceptual approach. The sources of legal materials are primary legal materials and secondary legal materials. The procedure for collecting legal materials through literature studies. Qualitative processing and analysis of legal materials.Findings of the Research: The results of the study show that the regulation of the crime of child neglect in laws and regulations is regulated in the Criminal Code (old), the Child Protection Law, the Domestic Violence Law and Law Number 1 of 2023 concerning the Criminal Code (New). Child neglect is more explicitly regulated in the Child Protection Law. This is based on Article 9 paragraph (1) of the Domestic Violence Law where the provisions indicate that the regulation of the crime of neglect is not limited to children, but rather to a wider scope. Therefore, when the Domestic Violence Law is compared with the Child Protection Law, it is clear that the Child Protection Law specifically regulates child neglect. The results of further research show that child neglect is a form of domestic violence and is included in the category of criminal acts or acts prohibited by criminal law and perpetrators of domestic neglect can be subject to sanctions. The forms of child neglect in the household are physical neglect, educational neglect, emotional neglect and medical neglect. Faculty of Law, Universitas Pattimura 2026-01-31 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/3110 10.47268/tatohi.v5i11.3110 TATOHI: Jurnal Ilmu Hukum; Volume 5 Issue 11, January 2026; 504-515 2775-619X 10.47268/tatohi.v5i11 eng https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/3110/pdf Copyright (c) 2026 Indah Glodia Marlissa, Sherly Adam, Margie Gladies Sopacua http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/3588 2025-12-31T08:41:54Z tatohi:ART driver

Reconstructing the Purpose of Sentencing: Rethinking the Effectiveness of Imprisonment in the Contemporary Legal System Purnomo, Didik Kusuma, Bagus Hendradi Imprisonment; Sentencing; Alternative Punishment Introduction: Indonesia's criminal justice system still places imprisonment as the primary sanction, although its effectiveness is increasingly questioned. The high occupancy rates in correctional facilities, the burden on the state budget, and weak social reintegration indicate a mismatch between the idealized goals of criminal punishment and the reality of practice. This situation calls for a reevaluation of the relevance of prison sentences within the framework of contemporary criminal law.Purposes of the Research: This study aims to re-examine the effectiveness of prison sentences within the framework of Indonesian criminal law following the latest codification, by considering their suitability in relation to the objectives of modern sentencing. The focus is on formulating a prison sentence concept that is proportional, measurable, and oriented towards rehabilitation and social reintegration, making it relevant for the development of criminal law theory and national policy.Methods of the Research: This research uses a normative legal method, focusing on a doctrinal study of statutory regulations, doctrines, and criminal law literature. The approaches used include legislative, conceptual, and comparative approaches to examine the effectiveness of imprisonment and its relevance within the framework of the 2023 Criminal Code, resulting in a systematic, measurable, and academic analysis.Findings of the Research: This study highlights the opportunity to reorganize the orientation of criminal sanctions through the latest codification of criminal law. Imprisonment, no longer dominant, becomes a last resort for minor offenses. Normative analysis reveals the weaknesses of prison, encouraging alternative penalties. This study reconstructs the objectives of criminal sanctions, offering a concept that is more proportional, rehabilitative, and relevant to the needs of national law and policy. Faculty of Law, Universitas Pattimura 2025-12-31 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/3588 10.47268/tatohi.v5i10.3588 TATOHI: Jurnal Ilmu Hukum; Volume 5 Issue 10, December 2025; 484-495 2775-619X 10.47268/tatohi.v5i10 eng https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/3588/pdf Copyright (c) 2025 Didik Purnomo, Bagus Hendradi Kusuma http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/3606 2025-12-31T03:24:58Z tatohi:ART driver

Diversion Regulation for Public Transport Drivers in Criminal Justice to Enhance Road Safety Djajadi, Djajadi Hamamah, Fatin Walim, Walim Diversion Regulation; Public Transport Drivers; Criminal Justice System; Road Traffic Safety. Introduction: Road transportation plays a vital role in Indonesia’s economic mobility, where public transport drivers are responsible for safely moving people and goods. National data from Social Security Administration and the Indonesian National Police (Korlantas) shows that 61% of traffic accidents are caused by human error, including drivers’ lack of skill, negligence, and reckless behavior, followed by 9% vehicle factors and 30% infrastructure and environmental factors.Purposes of the Research: This article examines the legal framework of diversion as an alternative settlement mechanism for traffic crime cases committed by public transport drivers within Indonesia’s criminal justice system. It also analyzes the requirements of diversion under Articles 310 and 311 of Law Nomor 22 of 2009 and evaluates its implementation in Purwakarta Regency based on fairness, legal certainty, and restorative justice principles.Methods of the Research: This study employs an empirical legal research method to observe how the law operates in practice within society. Data were gathered through field observation, documentation, and analysis of traffic accident cases involving public transport drivers in Purwakarta. The empirical approach enables the researcher to examine the effectiveness of diversion policies within real criminal justice processes.Findings of the Research: The findings show that the regulation of diversion for public transport drivers in traffic accident cases has been effective in Purwakarta. In fatal accident cases, suspects are charged under Article 310(4) of Law Number 22/2009 jo. Article 77 of the Criminal Code. However, when the driver also suffers serious injuries requiring prolonged treatment, diversion may proceed, enabling restorative and legally certain case resolution within the criminal justice system. Faculty of Law, Universitas Pattimura 2025-12-31 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/3606 10.47268/tatohi.v5i10.3606 TATOHI: Jurnal Ilmu Hukum; Volume 5 Issue 10, December 2025; 496-503 2775-619X 10.47268/tatohi.v5i10 eng https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/3606/pdf Copyright (c) 2025 Djajadi Djajadi, Fatin Hamamah, Walim Walim http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/3542 2025-12-31T03:24:57Z tatohi:ART driver

The Role of Regional Regulations in Optimizing Public Order, Public Order, and Community Protection Hidayatulloh, Bagus Anwar Murdoko, Murdoko Public Order; Regional Regulation; Legal Culture; Community Engagement. Introduction: The regulation of public order and community protection is essential in urban governance, especially in cities experiencing rapid social changes. Yogyakarta City Regional Regulation Number 7 of 2024 concerning the Implementation of Public Order, Community Protection, and Peace serves as a legal framework aimed at fostering an orderly, safe, and participatory urban environment.Purposes of the Research: The purpose of this study is to examine the normative legal basis, institutional implications, and socio-cultural impact of the regulation, as well as its effectiveness in supporting local initiatives to maintain public order and promote legal awareness in the community.Methods of the Research: The research method used in this article is normative juridical, focusing on the analysis of legal norms and their application through statutory, conceptual, and comparative approaches. Legal materials are obtained from legislation, official documents, and scholarly sources, and analyzed qualitatively to evaluate the implementation and implications of the regulation.Findings of the Research: The findings of this study show that the regulation not only strengthens the authority of law enforcement but also promotes community participation through the innovative Model Kampung Panca Tertib program. The five pillar Orderly Buildings, Orderly Roads, Orderly Business, Orderly Environment, and Orderly Society serve as tools to develop a sustainable legal culture at the grassroots level. However, the success of the regulation largely depends on institutional capacity, consistent community engagement, and long-term support from local government actors. Collaboration among stakeholders is essential to realize inclusive and civilized public order. Faculty of Law, Universitas Pattimura Universitas Widya Mataram 2025-12-31 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/3542 10.47268/tatohi.v5i10.3542 TATOHI: Jurnal Ilmu Hukum; Volume 5 Issue 10, December 2025; 475-483 2775-619X 10.47268/tatohi.v5i10 eng https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/3542/pdf Copyright (c) 2025 Bagus Anwar Hidayatulloh, Murdoko Murdoko http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/3381 2025-12-31T03:24:57Z tatohi:ART driver

Judge's Considerations in the Matter of Changing the Status of Whistleblower to Justice Collaborator Cylie, Zhandika Putratama Sukmareni, Sukmareni Whistleblower; Justice Collaborator; Judge's Consideration; Corruption Crimes. Introduction: This study discusses the judge's considerations in the case of Daud Ndakularak who initially had the status of a whistleblower and then switched to become a justice collaborator in a corruption case. The focus of the research lies in the analysis of juridical and non-juridical considerations of judges, as well as the application of the provisions of the Supreme Court Circular Letter Number 4 of 2011 regarding the requirements for the change in status.Purposes of the Research: This study aims to analyze the judge's review of the change in the status of Whistleblower to Justice Collaborator on the decision of Daud Ndakularak.Methods of the Research: The research method used is normative juridical with a case study approach, through the analysis of court decisions and related laws and regulations.Findings of the Research: The panel of judges considers both juridical and non-juridical aspects before deciding the case. Juridical considerations include the analysis of the indictment, demands, evidence, and elements of the article charged, while non-juridical considerations include circumstances that are aggravating and mitigating to the defendant. The judge also referred to the provisions of the Supreme Court Circular Letter Number 4 of 2011 in assessing the feasibility of changing the status of whistleblower to justice collaborator. The final verdict revealed that the defendant was legally proven innocent in terms of committing a criminal act of corruption as contained in the primary indictment, therefore the defendant was given freedom from the indictment. This reveals that the judge's assessment of this case or issue is in accordance with the applicable legal provisions. Faculty of Law, Universitas Pattimura 2025-12-31 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/3381 10.47268/tatohi.v5i10.3381 TATOHI: Jurnal Ilmu Hukum; Volume 5 Issue 10, December 2025; 466-474 2775-619X 10.47268/tatohi.v5i10 eng https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/3381/pdf https://fhukum.unpatti.ac.id/jurnal/tatohi/article/downloadSuppFile/3381/693 Copyright (c) 2025 Zhandika Putratama Cylie, Sukmareni Sukmareni http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/3141 2025-12-31T03:24:57Z tatohi:ART driver

The Legal Consequences of Goods Returns on Business Entities under the Cash on Delivery Payment System Gultom, Oriza Shativa Amradarika Berlianty, Teng Sinaga, Roulinta Yesvery Legal Consequences; Return of Goods; Cash on Delivery. Introduction: E-commerce is a part of e-business that focuses on online buying and selling transactions carried out through electronic media, such as the internet. Payments for E-commerce transactions appear in various forms, for example, e-wallet, micropayment, credit card, even with a cash on delivery (COD) payment system.Purposes of the Research: This research aims to understand and explain the regulations of cash on delivery payment systems in e-commerce and the legal consequences of product returns for business entities regarding cash on delivery payment systems. Methods of the Research: This is conducted through a normative legal method using a statutory approach and a conceptual approach.Findings of the Research: Based on this research, the regulation of the on-site payment system is regulated in the Civil Code, Consumer Protection Act, Electronic Information and Transaction Law and Government Regulation on the Implementation of Electronic Systems and Transactions. The legal consequences experienced by business entities regarding the return of goods made by consumers when shopping through E-commerce are paying compensation to consumers if the goods are not in accordance or damaged and returns with a mechanism that has been determined by each marketplace. The form of guarantee given by the marketplace if the goods are not in accordance or damaged is in the form of free shipping when returning goods which will be fully borne by the marketplace. Meanwhile, if the goods are in accordance, consumers cannot claim a guarantee and are required to make payments with the on-site payment system. Faculty of Law, Universitas Pattimura 2025-12-31 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/3141 10.47268/tatohi.v5i10.3141 TATOHI: Jurnal Ilmu Hukum; Volume 5 Issue 10, December 2025; 458-465 2775-619X 10.47268/tatohi.v5i10 eng https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/3141/pdf Copyright (c) 2025 Oriza Shativa Amradarika Gultom, Teng Berlianty, Roulinta Yesvery Sinaga http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/3510 2025-12-06T04:29:00Z tatohi:ART driver

Legal Liability of Bhukti Praja Sewakadarma Regional Housing for Vehicle Loss Ningrat, Ni Nyoman Tara Kurniawan, I Gede Agus Legal liability; Consumer Protection; Loss of Vehicle Introduction: The issue of vehicle loss in paid parking areas has frequently led to disputes between consumers and parking operators in Indonesia. In practice, parking operators often attempt to avoid liability by including exemption clauses on parking tickets, thereby creating legal uncertainty for consumers. This situation becomes particularly significant when examined in relation to the role of the Regional Public Company (Perusahaan Umum Daerah / Perumda) Bhukti Praja Sewakadarma, which manages parking facilities in Denpasar City as part of its public service function. This study seeks to examine the legal framework governing the liability of parking operators for vehicle loss under Indonesian legislation and to analyze the scope and limits of Perumda Bhukti Praja Sewakadarma’s legal responsibility within the framework of positive law.Purposes of the Research: The purpose of this research is to analyze the legal standing of parking service users vis-à-vis parking operators and to determine the form of liability that may be imposed on Perumda Bhukti Praja Sewakadarma in the event of vehicle loss.Methods of the Research: The research employs normative legal methods with statutory, conceptual, and case approaches, supported by descriptive qualitative analysis.Findings of the Research: The findings indicate that parking operators, including Perumda Bhukti Praja Sewakadarma, bear strict liability in protecting consumers against losses arising from vehicle theft or disappearance. Jurisprudence, particularly the Central Jakarta District Court Decision Number: 551/Pdt.G/2000/PN Jkt.Pst, confirms that exemption clauses contained in parking tickets are legally invalid. The originality of this research lies in its emphasis on delineating the scope of liability of Perumda as a regional public company, demonstrating the integration of public service principles with consumer protection in the context of parking management. Faculty of Law, Universitas Pattimura 2025-12-06 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/3510 10.47268/tatohi.v5i9.3510 TATOHI: Jurnal Ilmu Hukum; Volume 5 Issue 9, November 2025; 446-457 2775-619X 10.47268/tatohi.v5i9 eng https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/3510/pdf Copyright (c) 2025 Ni Nyoman Tara Ningrat, I Gede Agus Kurniawan http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/3410 2025-12-06T04:29:00Z tatohi:ART driver

Sentencing Disparities in Judicial Considerations of Electronic Sexual Violence Cases Nazrin, Mohamad Prasetyo, Bayu Elviandri, Elviandri Sentencing Disparity; Electronic Sexual Violence; Judges; Legal Certainty; Victim Protection Introduction: Indonesia, as a state governed by the rule of law, upholds equality before the law and the protection of human rights as fundamental principles. However, the rapid development of digital technology has created new challenges, particularly the emergence of electronic sexual violence, which has raised significant public concern. Although Law Number: 12 of 2022 regulates such crimes, judicial practice reveals sentencing disparities that undermine legal certainty and victim protection.Purposes of the Research: This study aims to analyze the causes of judicial sentencing disparities in cases of electronic sexual violence and examine their implications for law enforcement in Indonesia.Methods of the Research: The research employs a normative juridical method with a library research approach. Data were collected from primary legal materials such as statutory regulations, secondary legal materials including literature, doctrines, and previous studies, as well as tertiary legal materials such as legal dictionaries and encyclopedias.Findings of the Research: The findings indicate the existence of disparities in three court decisions that applied similar provisions but resulted in significantly different sentences. Factors contributing to these disparities include differences in judicial interpretation, the application of individualized sentencing principles, and non-juridical considerations. Such disparities have serious implications, including diminished legal certainty, reduced deterrence for offenders, weakened victim protection, and declining public trust in the judiciary. Therefore, the establishment of consistent, transparent, and victim-oriented sentencing guidelines is essential to ensure substantive justice in Indonesia’s criminal justice system. Faculty of Law, Universitas Pattimura 2025-12-06 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/3410 10.47268/tatohi.v5i9.3410 TATOHI: Jurnal Ilmu Hukum; Volume 5 Issue 9, November 2025; 442-445 2775-619X 10.47268/tatohi.v5i9 eng https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/3410/pdf Copyright (c) 2025 Mohamad Nazrin, Bayu Prasetyo, Elviandri Elviandri http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/3400 2025-12-06T04:28:59Z tatohi:ART driver

Misuse of Forest Products Transport Documents Ramadhan, Muhammad Alief Faizal Asram, Asram Rasyid, Wahyu Legal Misuse of Documents; Forestry Law; Judge's Considerations Introduction: This study examines the juridical review of the misuse of timber transport documents in Sidenreng Rappang Regency, with a case study of Decision Number 222/PID/B/LH/2023/PN Sdr.Purposes of the Research: The study aims to identify the forms of misuse of timber transport documents and analyze the judge's considerations in sentencing offenders involved in such misuse.Methods of the Research: The research employs a normative-empirical approach. The normative approach involves analyzing legal theories, principles, doctrines, and relevant regulations, such as Law No. 18 of 2013 on the Prevention and Eradication of Forest Destruction. The empirical approach is conducted through direct observation and interviews with judges at the Sidenreng Rappang District Court.Findings of the Research: The result reveal that the misuse of timber transport documents occurs when the documents used do not correspond to the actual physical condition of the transported timber, thereby violating applicable legal provisions. In Decision No. 222/PID/B/LH/2023/PN Sdr., the judge considered various factors, including aggravating and mitigating circumstances, before imposing a sentence of one year in prison and a fine of IDR 500,000,000. However, from the author's perspective, this decision requires further review, considering the possible involvement of other parties in this criminal act. Faculty of Law, Universitas Pattimura 2025-12-06 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/3400 10.47268/tatohi.v5i9.3400 TATOHI: Jurnal Ilmu Hukum; Volume 5 Issue 9, November 2025; 433-441 2775-619X 10.47268/tatohi.v5i9 eng https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/3400/pdf Copyright (c) 2025 Muhammad Alief Faizal Ramadhan, Asram Asram, Wahyu Rasyid http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/3373 2025-12-06T04:28:59Z tatohi:ART driver

Implementation of Investigation into School Uniform Corruption Crime Firdaus, Sarah Sukmareni, Sukmareni Investigators; Criminal; Corruption Introduction: The perpetrators of corruption crimes are difficult to detect and organized by one person, the Payakumbuh District Attorney's Office, which handles the case, being one of the institutions assigned to handle this case. An ideal and balanced solution is needed to address this crime, which may be considered a national problem.Purposes of the Research: Examining the implementation, factors and obstacles that occur in the crime of corruption of elementary and junior high school uniforms within the Education Office (Disdik) of Fifty Cities Regency at the Payakumbuh District Attorney's Office.Methods of the Research: This research utilizes an empirical juridical research strategy, which is an approach to studying law with a focus on the direct application of legal rules that apply to various legal events that occur in society.Findings of the Research: The implementation of investigations into corruption cases at the Payakumbuh District Attorney's Office, prosecutors face several obstacles, to overcome these obstacles strategic efforts are needed, with these efforts, especially at the Payakumbuh District Attorney's Office, can take place faster, transparently, and in accordance with the principles of justice, as well as regrow public trust in law enforcement, with the aim of enforcing the law, restoring state finances, and providing a deterrent effect for perpetrators corruption. Faculty of Law, Universitas Pattimura 2025-12-06 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/3373 10.47268/tatohi.v5i9.3373 TATOHI: Jurnal Ilmu Hukum; Volume 5 Issue 9, November 2025; 428-432 2775-619X 10.47268/tatohi.v5i9 eng https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/3373/pdf https://fhukum.unpatti.ac.id/jurnal/tatohi/article/downloadSuppFile/3373/690 Copyright (c) 2025 Sarah Firdaus, Sukmareni Sukmareni http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/3107 2025-12-06T04:28:59Z tatohi:ART driver

Sexual Violence Against Girls Committed by Next of Kin Timisela, Victor Riko Febrianko Sopacua, Margie Gladies Children; Sexual Violence; Criminology Introduction: Sexual violence against children has long-term impacts and reflects systemic failures in protection, especially when perpetrators are family members. Despite existing regulations, cases continue to rise, and victims often remain silent due to social pressure. This study is needed to understand the root causes and develop more effective prevention strategies.Purposes of the Research: This study aims to analyze the contributing factors of sexual violence committed by close family members against children and to examine the efforts made to address the issue.Methods of the Research: The method used is empirical juridical research with a descriptive qualitative approach.Findings of the Research: The research findings reveal that the main factors contributing to sexual violence within families include economic dependence, power dynamics, individual factors, family dysfunction, and socio-cultural influences. Common modus operandi used by perpetrators involve power relations, threats and intimidation, emotional manipulation, normalization of abuse, and creating opportunities for violence. In terms of curative approaches, relevant institutions provide psychological support and rehabilitation, legal aid and advocacy, medical care and recovery, temporary shelters, as well as social reintegration and family support. Faculty of Law, Universitas Pattimura 2025-12-06 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/3107 10.47268/tatohi.v5i9.3107 TATOHI: Jurnal Ilmu Hukum; Volume 5 Issue 9, November 2025; 416-427 2775-619X 10.47268/tatohi.v5i9 eng https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/3107/pdf Copyright (c) 2025 Victor Riko Febrianko Timisela, Margie Gladies Sopacua http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/3437 2025-11-04T03:00:43Z tatohi:ART driver

The Existence of the Indonesian National Police Professional Code of Ethics to Create Law Enforcement Officers with Integrity Yusri, Yusri Lewerissa, Yanti Amelia Leasa, Elias Zadrak Indonesian National Police Professional Code of Ethics; Law Enforcement; Integrity. Introduction: The dishonorable discharge (PTDH) of seven members of the Indonesian National Police (Polri) who violated the Indonesian National Police's professional code of ethics is a firm action taken by the institution, increasing the awareness of police officers regarding the importance of maintaining discipline and responsibility as law enforcement officers. Compliance with regulations is not only to avoid sanctions but also to build public trust in the police institution.Purposes of the Research: The purpose of this paper is to examine and analyze the factors causing the increase in code of ethics hearings for members of the Indonesian National Police (Polri) who commit crimes and to examine and analyze efforts to realize the Indonesian National Police (Polri) as a law enforcement agency with integrity.Methods of the Research: The research method used is empirical juridical, with primary and secondary data sources. Data collection techniques include observation, interviews, and literature review. Data analysis techniques are qualitative.Findings of the Research: The research results indicate that the factors contributing to the increase in code of ethics hearings for members of the Indonesian National Police (Polri) who commit crimes include: a lack of understanding of the Indonesian National Police Professional Code of Ethics; work pressure; corruption and abuse of power; an organizational culture that does not support ethics; a lack of oversight and accountability; environmental influences; a lack of training and education; and personal motivation. Efforts to realize the Indonesian National Police (Polri) as a law enforcement agency with integrity include: increasing faith and devotion to God Almighty; improving human resources (HR) who uphold the values of integrity in their attitudes and behavior; strengthening internal and external oversight; bureaucratic reform to increase transparency and accountability; and imposing strict sanctions on Polri members who violate the KEPP. Faculty of Law, Universitas Pattimura 2025-11-04 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/3437 10.47268/tatohi.v5i8.3437 TATOHI: Jurnal Ilmu Hukum; Volume 5 Issue 8, October 2025; 407-415 2775-619X 10.47268/tatohi.v5i8 eng https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/3437/pdf Copyright (c) 2025 Yusri Yusri, Yanti Amelia Lewerissa, Elias Zadrak Leasa http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/3354 2025-11-04T03:00:43Z tatohi:ART driver

The Implicature of Indonesian Financial Transaction Reports and Analysis Center Authority to Freeze Bank Accounts on Citizens’ Constitutional Rights: A Democratic Rule of Law Perspective Rifa’i, Ahmad Arzaqi, Nila INTRAC; Account Freezing; Democratic Rule of Law. Introduction: This article examines the authority of Indonesia’s Financial Transaction Reports and Analysis Center (INTRAC) to freeze bank accounts as a preventive measure against money laundering and related crimes. While effective in securing illicit assets, this authority raises concerns regarding proportionality, constitutional rights, and democratic accountability, highlighting the need for balanced safeguards within Indonesia’s legal system.Purposes of the Research: The purpose of this research is to analyze the constitutional implications of INTRAC authority to freeze bank accounts, evaluate its conformity with the principles of a democratic rule of law, and propose recommendations for ensuring a balanced approach between effective financial crime prevention and the protection of citizens’ constitutional rights.Methods of the Research: This study uses a normative juridical approach supported by limited empirical insights.Findings of the Research: The findings of this study show that while INTRAC account-freezing authority is an effective preventive tool against financial crime, its lack of judicial oversight creates risks of disproportionate rights restrictions. Using implicature analysis, this research uncovers hidden consequences such as reputational harm and financial paralysis, offering an original perspective that bridges normative law with socio-political impacts in a democratic rule of law. Faculty of Law, Universitas Pattimura 2025-11-04 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/3354 10.47268/tatohi.v5i8.3354 TATOHI: Jurnal Ilmu Hukum; Volume 5 Issue 8, October 2025; 400-406 2775-619X 10.47268/tatohi.v5i8 eng https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/3354/pdf Copyright (c) 2025 Ahmad Rifa’i, Nila Arzaqi http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/3315 2025-11-04T03:00:42Z tatohi:ART driver

Immigration Supervision: The Existence of RW Police Policies as a Problem Solver for Immigration Violations in the Archipelago Work Area Harahap, Amsal Rinaldy Syafii Syahri, Muhammad Alvi Aji, Koesmoyo Ponco Immigration Control; RW Police; Immigration Violations. Introduction: The increase in the number of immigration violations in Indonesia in the 2022–2024 period indicates ineffectiveness in the supervisory function carried out by the Immigration Office's Technical Implementation Unit (UPT), especially due to limited numbers and territorial coverage.Purposes of the Research: This study aims to examine the potential of the Community Police (RW Police) policy as an alternative solution to support more effective immigration supervision down to the most remote areas.Methods of the Research: This research approach focuses on descriptive qualitative methods with literature studies and policy analysis of the Immigration Law, government policies, and academic literature. The aim is to understand the immigration supervision mechanism and evaluate the existence of the RW Police in handling immigration violations at the Technical Implementation Unit (UPT) in the archipelago work area.Findings of the Research: The results of the study show that collaboration between Immigration and the Police through the active role of the RW Police can be a form of effective preventive supervision, especially in detecting the presence and activities of foreigners in remote areas. In addition, information technology support has been proven to be able to increase operational efficiency and strengthen data integration between institutions. The implementation of this policy is expected to be able to reduce the number of immigration violations and strengthen state sovereignty through community-based supervision. Faculty of Law, Universitas Pattimura 2025-11-04 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/3315 10.47268/tatohi.v5i8.3315 TATOHI: Jurnal Ilmu Hukum; Volume 5 Issue 8, October 2025; 389-399 2775-619X 10.47268/tatohi.v5i8 eng https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/3315/pdf https://fhukum.unpatti.ac.id/jurnal/tatohi/article/downloadSuppFile/3315/666 Copyright (c) 2025 Amsal Rinaldy Syafii Harahap, Muhammad Alvi Syahri, Koesmoyo Ponco Aji http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/3304 2025-11-04T03:00:42Z tatohi:ART driver

Dissecting the Differences between Crown Witnesses and Justice Collaborators Munawar, Kukun Abdul Syakur Vitalia, Filda Crown Witness; Justice Collaborator; Fair Trial. Introduction: This paper thoroughly examines the conceptual and legal distinctions between crown witnesses and justice collaborators within the Indonesian criminal law framework, as well as their ramifications for the concepts of fair trial and the human rights of defendants.Purposes of the Research: This paper aims to thoroughly analyze the legal status, normative foundation, and implications of using these two groups of witnesses within the framework of procedural justice for defendants.Methods of the Research: This research employs normative legal methodologies, utilizing an analytical approach to positive law, Supreme Court jurisprudence, and relevant human rights concepts.Findings of the Research: The research indicates that the crown witness, stemming from prosecution case-splitting, often violates the principle of non-self-incrimination and undermines the rights of the accused. Conversely, justice collaborators, governed by Supreme Court Circular Letter Number 4 of 2011, adhere to due process of law by voluntary collaboration and a precise legislative framework. The study's novelty is in its comparative analysis that distinctly differentiates these two often-confused processes by including doctrinal interpretation and human rights views. This study addresses a deficiency in previous research, which has seldom investigated their normative convergence, and advocates for a more cohesive, rights-based framework for managing offenders within Indonesia's criminal justice system. Faculty of Law, Universitas Pattimura 2025-11-04 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/3304 10.47268/tatohi.v5i8.3304 TATOHI: Jurnal Ilmu Hukum; Volume 5 Issue 8, October 2025; 379-388 2775-619X 10.47268/tatohi.v5i8 eng https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/3304/pdf https://fhukum.unpatti.ac.id/jurnal/tatohi/article/downloadSuppFile/3304/664 Copyright (c) 2025 Kukun Abdul Syakur Munawar, Filda Vitalia http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/3302 2025-11-04T03:00:41Z tatohi:ART driver

Corruption Crimes Committed by the Former Regent of Hulu Sungai Tengah Saqinah, Nabilla Salsa Alhadi, Muhammad Nurcholis Rahayuningsih, Uut Corruption; Money Laundering; Civil Servants. Introduction: This study examines the case of the former Regent of Hulu Sungai Tengah, Abdul Latif, who has been proven guilty of corruption and money laundering in Decision Number 12/PID.SUS-TPK/2023/PT BJM.Purposes of the Research: The purpose of this study is to analyze whether the criminal elements contained in Decision Number 12/PID.SUS-TPK/2023/PT BJM have been proven in their entirety and what kind of punishment was imposed by the panel of judges.Methods of the Research: This study uses a normative juridical method with a case study approach and legislative analysis.Findings of the Research: This investigation found that all elements of the crime had been proven legally guilty based on evidence, witness testimony, and trial facts. However, the prison sentence and obligation to pay compensation imposed were still not proportional to the amount of state losses, which amounted to IDR.41,553,554,006.00. Faculty of Law, Universitas Pattimura 2025-11-04 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/3302 10.47268/tatohi.v5i8.3302 TATOHI: Jurnal Ilmu Hukum; Volume 5 Issue 8, October 2025; 370-378 2775-619X 10.47268/tatohi.v5i8 eng https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/3302/pdf Copyright (c) 2025 Nabilla Salsa Saqinah, Muhammad Nurcholis Alhadi, Uut Rahayuningsih http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/3429 2025-10-07T09:36:44Z tatohi:ART driver

Justice in the Distribution of Inheritance Rights for Indigenous Peoples Radjawane, Pieter Badaruddin, Wahdaniah Justice; Distribution of Inheritance Rights; Foster Child; Indigenous Introduction: Based on the law, inheritance is given to people who are related by marriage and blood relations, in customary law communities specifically in the western part of Seram, inheritance is given to adopted or returned children, known as dunale, and the children who come home get two parts, namely the part from the biological parents and the part from the adoptive parents. This causes problems in families who feel unfair in obtaining inheritance rights for certain children.Purposes of the Research: To analyze how an adopted child acquires an inheritance in order to provide justice for other children.Methods of the Research: The method used in this research is the empirical research method. This research was carried out using an empirical juridical approach which is a descriptive qualitative analysis study. The research attempts to describe the solution to the problem of Justice in the Distribution of Inheritance Rights for Adopted Children in Indigenous Communities in West Seram in the Abio Community, West Seram Regency.Findings of the Research: A home child or dunale is a child who is taken home as a legitimate child of the parents, even though the parents already have children or not, they will take home their grandchildren to be their children, whether from daughters or sons, and these children will receive inheritance rights from the parents who adopted them. Meanwhile, the child's family of origin no longer gets inheritance rights to maintain injustice in obtaining inheritance rights for other heirs from their original parents. Faculty of Law, Universitas Pattimura 2025-09-30 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/3429 10.47268/tatohi.v5i7.3429 TATOHI: Jurnal Ilmu Hukum; Volume 5 Issue 7, September 2025; 361-369 2775-619X 10.47268/tatohi.v5i7 eng https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/3429/pdf Copyright (c) 2025 Pieter Radjawane, Wahdaniah Badaruddin http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/3299 2025-10-07T09:36:44Z tatohi:ART driver

Protection of Trade Secrets Through Non-Disclosure Agreements Against Worker Violations Putri, Putu Nadia Monica Kurniawan, I Gede Agus Trade Secret; Non-Disclosure Agreement; Employee Breach. Introduction: This article analyzes legal protection of trade secrets through the implementation of Non-Disclosure Agreements (NDAs), particularly in cases of employee violations. The study is based on Case Number 14/Pdt.Sus-PHI/2020/PN Dps as a case study to assess the effectiveness of NDAs within the scope of Indonesian labor law.Purposes of the Research: The purpose of this research is to examine the role of NDAs as legal instruments in protecting corporate trade secrets from breaches of confidentiality by employees, and to evaluate the binding power of such agreements in industrial dispute resolutions.Methods of the Research: This study employs a normative juridical method, using both case and statutory approaches. Data were obtained through a literature review of relevant regulations, jurisprudence, and case documents, analyzed qualitatively.Findings of the Research: The findings indicate that NDAs are legally valid as supplementary employment agreements that can safeguard corporate interests. However, their effectiveness depends heavily on the clarity of contractual clauses, their alignment with employment relations, and the willingness of employers to assert their rights in court. This study contributes to the development of trade secret protection concepts in Indonesia, particularly within the labor law domain, and highlights the need for more specific and comprehensive regulation of NDAs. Faculty of Law, Universitas Pattimura 2025-09-30 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/3299 10.47268/tatohi.v5i7.3299 TATOHI: Jurnal Ilmu Hukum; Volume 5 Issue 7, September 2025; 351-360 2775-619X 10.47268/tatohi.v5i7 eng https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/3299/pdf Copyright (c) 2025 Putu Nadia Monica Putri, I Gede Agus Kurniawan http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/3298 2025-10-07T09:36:44Z tatohi:ART driver

Budget Abuse as a Form of Corruption Kawuryan, Angelica Ari Pramesti Alhadi, Muhammad Nurcholis Rahayuningsih, Uut Corruption; Budget Misuse; Publik Officials; Criminal Liability. Introduction: This study examines the form of criminal liability of public officials involved in corruption crimes, particularly in the misuse of state budgets. The case analyzed is Decision Number 15/Pid.Sus-TPK/2020/PN.MNK involving Ahmad Afit Rumagesan, Chairman of the Fakfak District Parliament for the 2009–2014 period.Purposes of the Research: This study underscores the importance of strengthening oversight in public financial management to prevent future budget misuse.Methods of the Research: This research applies a normative juridical method with a case study approach.Findings of the Research: The findings indicate that the defendant was proven to have misused the treasurer's cash funds for personal purposes without a legitimate legal basis, resulting in a state loss of IDR 432,425,000. In passing the verdict, the judge considered the state's financial loss, the defendant's role, and the absence of good faith to return the funds. Faculty of Law, Universitas Pattimura 2025-09-30 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/3298 10.47268/tatohi.v5i7.3298 TATOHI: Jurnal Ilmu Hukum; Volume 5 Issue 7, September 2025; 341-350 2775-619X 10.47268/tatohi.v5i7 eng https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/3298/pdf https://fhukum.unpatti.ac.id/jurnal/tatohi/article/downloadSuppFile/3298/663 Copyright (c) 2025 Angelica Ari Pramesti Kawuryan, Muhammad Nurcholis Alhadi, Uut Rahayuningsih http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/3250 2025-10-07T09:36:44Z tatohi:ART driver

Protection of Copyright for Derivative Works of Fanfiction Without Permission Harbelubun, Jenica Chechilia Akyuwen, Rory Jeff Labetubun, Muchtar Anshary Hamid Protection; Copyright; Derivatif Fanfiction. Introduction: Copyright holders have exclusive rights to determine the use of their work. Fanfiction is often considered a derivative work that requires permission from the original creator, but many are made without permission, thus violating copyright.Purposes of the Research: To find out and discuss the form of protection of the creator's moral rights against fanfiction works without permission and legal remedies for copyright infringement.Methods of the Research: Normative legal research methods with a statutory approach, case approach and conceptual approach, to answer the problems raised.Findings of the Research: Legal protection of the moral rights of creators against a derivative fanfiction work without permission can be done preventively or repressively, with the repressive approach being considered more effective. Legal efforts can be taken through litigation (civil and criminal lawsuits) and non-litigation (mediation, licensing agreements, or closing online content). Faculty of Law, Universitas Pattimura 2025-09-30 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/3250 10.47268/tatohi.v5i7.3250 TATOHI: Jurnal Ilmu Hukum; Volume 5 Issue 7, September 2025; 331-340 2775-619X 10.47268/tatohi.v5i7 eng https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/3250/pdf https://fhukum.unpatti.ac.id/jurnal/tatohi/article/downloadSuppFile/3250/649 Copyright (c) 2025 Jenica Chechilia Harbelubun, Rory Jeff Akyuwen, Muchtar Anshary Hamid Labetubun http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/3013 2025-10-07T09:36:44Z tatohi:ART driver

The Contribution of Savings and Loan Cooperatives to Financial Inclusion in Indonesia Zainudin, Ellyza Setiawan, Fajar Ari Napitupulu, Diana Ria Winanti Savings and Loan Cooperatives; Financial Inclusion; Economic Empowerment. Introduction: Savings and Loan Cooperatives in Indonesia have a very important role in increasing financial inclusion, especially among low-income communities and groups that are not reached by conventional banking services.Purposes of the Research: Analyze the contribution of Savings and Loan Cooperatives to financial inclusion in Indonesia, identify the challenges faced, and provide recommendations to improve the role of cooperatives in expanding financial access for the community.Methods of the Research: This study uses a qualitative approach with descriptive analysis to describe the role and contribution of Savings and Loan Cooperatives to financial inclusion in Indonesia.Findings of the Research: This research shows that Savings and Loan Cooperatives have great potential in reducing inequality of access to finance, but also need improvements in terms of regulation, technology, and financial education to be more effective in achieving their goals. Savings and Loan Cooperatives in Indonesia have a very important role in increasing financial inclusion, especially among low-income communities and groups that are not reached by conventional banking services. This paper analyzes the contribution of Savings and Loan Cooperatives to financial inclusion in Indonesia, identifies the challenges faced, and provides recommendations to improve the role of cooperatives in expanding financial access for the community. This research shows that Savings and Loan Cooperatives have great potential in reducing inequality of access to finance, but also need improvements in terms of regulation, technology, and financial education to be more effective in achieving their goals. Faculty of Law, Universitas Pattimura 2025-09-30 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/3013 10.47268/tatohi.v5i7.3013 TATOHI: Jurnal Ilmu Hukum; Volume 5 Issue 7, September 2025; 326-330 2775-619X 10.47268/tatohi.v5i7 eng https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/3013/pdf Copyright (c) 2025 Ellyza Zainudin, Fajar Ari Setiawan, Diana Ria Winanti Napitupulu http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/3244 2025-09-22T01:45:50Z tatohi:ART driver

Law Enforcement Against Illegal Fishing Crimes in Maluku Waters Meliezer, Stevanno Lewerissa, Yanti Amelia Saimima, Judy Marria Law Enforcement; Crime; Illegal Fishing. Introduction: The waters of Maluku are often the main target of Illegal Fishing crimes. The problem in this writing is what factors cause the development of illegal fishing crimes in Maluku waters and how to enforce the law against illegal fishing crimes that occur in Maluku waters.Purposes of the Research: The purpose of this writing is to study and analyze the factors that cause and enforce the law against illegal fishing crimes in Maluku waters.Methods of the Research: The research method used is empirical juridical, the data sources used are primary data and secondary data. Data collection techniques through observation, interviews and literature studies. Qualitative data analysis techniques.Findings of the Research: The results of the study show that the Factors Influencing the Development of Illegal Fishing Crimes in Maluku Waters are upwelling conditions around the Banda Sea and the sea; the geographical location of the Maluku Islands which has an impact on the vulnerability of control and connectivity; coral reef ecosystems, mangroves and seagrass beds that are still good in Maluku waters; lack of human resources for law enforcement officers and fishermen; lack of supporting facilities/facilities; lack of budget; lack of supervision; weak regulations; and lack of community participation. Law Enforcement against Illegal Fishing Crimes in Maluku Waters is influenced by legal factors/statutes; law enforcement officers; supporting facilities/facilities; society and culture. Faculty of Law, Universitas Pattimura 2025-08-31 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/3244 10.47268/tatohi.v5i6.3244 TATOHI: Jurnal Ilmu Hukum; Volume 5 Issue 6, August 2025; 316-325 2775-619X 10.47268/tatohi.v5i6 eng https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/3244/pdf Copyright (c) 2025 Stevanno Meliezer, Yanti Amelia Lewerissa, Judy Marria Saimima http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/3140 2025-09-22T01:45:50Z tatohi:ART driver

Implementation of the Authority of Consumer Dispute Resolution Agency in Presenting Business Actors With the Assistance of Police Investigators Putri, Aulia Cahyono Consumer Protection; Investigators; Authority. Introduction: The Consumer Dispute Resolution Agency has the authority to request the assistance of investigators in presenting business actors as stipulated in the Consumer Protection Law.Purposes of the Research: Analyzing why business actors are not present in the dispute resolution process, then settlement efforts through the Consumer Dispute Resolution Agency cannot be continued.Methods of the Research: This study uses a juridical-empirical method with data collection techniques through interviews, documentation, and literature studies.Findings of the Research: The results of the study show that the Yogyakarta Consumer Dispute Resolution Agency basically has the legal authority to present business actors forcibly with the help of investigators if the business actors are not present voluntarily. However, in practice, this authority has never been used, and is even considered unenforceable. The main obstacle in the implementation of this authority lies in the legal factors themselves, especially the unclear legal norms regarding the scope of the role of investigators in the context of consumer disputes. In addition, although the authority of the Consumer Dispute Resolution Agency has been normatively regulated in law, the investigator does not have any technical guidelines or implementing rules that are the basis for following up on requests from the Consumer Dispute Resolution Agency. Faculty of Law, Universitas Pattimura 2025-08-31 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/3140 10.47268/tatohi.v5i6.3140 TATOHI: Jurnal Ilmu Hukum; Volume 5 Issue 6, August 2025; 301-315 2775-619X 10.47268/tatohi.v5i6 eng https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/3140/pdf Copyright (c) 2025 Aulia Cahyono Putri http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/3095 2025-09-22T01:45:50Z tatohi:ART driver

Prospects of Community Service Criminal Policy as an Alternative to Imprisonment in Indonesia: A Comparative Study Between Countries Ramadhani, Rahmania Wijayanto, Indung Alternative Sentencing; Community Service Punishment; Policy Prospect. Introduction: This article analyzes the comparative policies of social work sentences in Indonesia and other countries, as well as the prospects for social work sentences as an alternative to imprisonment in Indonesia.Purposes of the Research: This study aims to provide prospective ideas regarding the policy of social work as an alternative to imprisonment in Indonesia and to compare it with policies in other countries, such as the Netherlands, England, and Malaysia.Methods of the Research: This study uses normative legal methods with a comparative and legislative approach. The legal materials used include primary and secondary legal materials, which are collected through literature studies.Findings of the Research: The results of the study found that although social work has been regulated in Law Number 1 of 2023, its regulation is still limited and faces various institutional and social challenges. Compared to other countries that are more mature in their implementation, Indonesia is still in the early stages of development. However, the prospects are considered promising because they can reduce overcrowding, suppress recidivism, and provide social benefits. Therefore, it is recommended that the government immediately draft implementing regulations, strengthen the capacity of related institutions, build multi-sector collaboration, conduct public outreach, and carry out further evaluations and research. Faculty of Law, Universitas Pattimura 2025-08-31 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/3095 10.47268/tatohi.v5i6.3095 TATOHI: Jurnal Ilmu Hukum; Volume 5 Issue 6, August 2025; 289-300 2775-619X 10.47268/tatohi.v5i6 eng https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/3095/pdf Copyright (c) 2025 Rahmania Ramadhani, Indung Wijayanto http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/3011 2025-09-22T01:45:50Z tatohi:ART driver

Banking Responsibility for Employee Fault Pedro, Alba Nugroho, Krisna Wahyu Napitupulu, Diana Ria Winanti Responsibility; Banking; Banking Law; Employee Errors. Introduction: This research discusses the legal responsibility of banks for mistakes made by employees in performing their duties, particularly in the context of the legal relationship between banks and customers. As a legal entity in the form of a Limited Liability Company, a bank has an obligation to maintain customer trust through the principles of prudence and consumer protection as regulated by the Banking Law and the Limited Liability Company Law.Purposes of the Research: This research aims to analyze the legal responsibility of banks for mistakes made by employees and explore to what extent a bank can be held accountable for negligence or abuse of authority by employees. The study also aims to explore the application of strict liability principles and their impact on the stability of the financial system and customer protection.Methods of the Research: This study uses a legal approach by analyzing relevant regulations, such as the Banking Law, the Limited Liability Company Law, and Article 1367 of the Civil Code regarding vicarious liability mechanisms. The study also explores the responsibility of the Board of Directors as the management of the bank.Findings of the Research: The research is expected to provide a clearer understanding of the legal responsibility mechanisms applied in the banking sector and their implications for managing the relationship between banks and customers, including the impact on customer protection and the supervision of the Board of Directors in preventing mistakes that harm customers. Faculty of Law, Universitas Pattimura 2025-08-31 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/3011 10.47268/tatohi.v5i6.3011 TATOHI: Jurnal Ilmu Hukum; Volume 5 Issue 6, August 2025; 280-288 2775-619X 10.47268/tatohi.v5i6 eng https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/3011/pdf Copyright (c) 2025 Alba Pedro, Krisna Wahyu Nugroho, Diana Ria Winanti Napitupulu http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/2994 2025-09-22T01:45:49Z tatohi:ART driver

Cyber Crime Social Media Account Data Hacking in Indonesia Pribowo, Ari Sapta Alhadi, Muhammad Nurcholis Cybercrime; Hacking; Criminal Liability. Introduction: Legal regulations and sanctions against perpetrators of social media account data hacking. Data hacking is one of the criminal acts of cybercrime (cyber crime).Purposes of the Research: To find out and analyze the legal arrangements regarding hacking and criminal acts against social media account data hacking in Indonesia and the liability for criminal sanctions against perpetrators of social media account data hacking.Methods of the Research: Normative legal research, researchers use a statutory approach, and a case approach.Findings of the Research: The results of this study show that, what are the legal arrangements that discuss the formulation of the problem and what are the criminal sanctions against the perpetrators of hacking. The results of this study show that Article 30 of the Electronic Information and Transaction Law regulates the criminal acts of hacking and criminal sanctions received by the defendant from the results of the discussed decision, namely Article 30 Paragraph 2 Jo. Article 46 Paragraph 2 of Law Number 19 of 2016 concerning Information and Electronic Transactions. Faculty of Law, Universitas Pattimura 2025-08-31 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/2994 10.47268/tatohi.v5i6.2994 TATOHI: Jurnal Ilmu Hukum; Volume 5 Issue 6, August 2025; 271-279 2775-619X 10.47268/tatohi.v5i6 eng https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/2994/pdf Copyright (c) 2025 Ari Sapta Pribowo, Muhammad Nurcholis Alhadi http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/3130 2025-08-15T02:59:00Z tatohi:ART driver

Copyright Infringement in the Distribution of Exclusive Content on Instagram Halawane, Nitha Akyuwen, Rory Jeff Narwadan, Theresia Nolda Agnes Copyright Infringement; Exclusive Content; Instagram. Introduction: The advancement of digital technology has led to the widespread distribution of exclusive content on Instagram, including copyright-protected works such as photos and videos. The unauthorized dissemination of such content raises legal issues concerning copyright protection and dispute resolution mechanisms in Indonesia.Purposes of the Research: The purpose of this study is to understand the protection of copyright in relation to the dissemination of exclusive content on Instagram and to identify the dispute resolution mechanisms for such unauthorized distribution.Methods of the Research: This research employs a normative juridical method using statutory and conceptual approaches, based on primary and secondary legal materials. Data collection is conducted through library research, and analysis is carried out descriptively to interpret and systematically organize legal documents in a rational and scholarly manner.Findings of the Research: The results of this studi are paid exclusive content on Instagram is protected under Law Number 28 of 2014 on Copyright, which grants creators both moral and economic rights. Unauthorized distribution, such as by the TikTok account @joingrupexclusive, constitutes a copyright infringement. While Instagram provides reporting mechanisms, the primary responsibility to address violations lies with the rights holder. Disputes may be resolved through negotiation, mediation, conciliation, arbitration (if an agreement exists), or court proceedings. If informal methods fail, litigation in the Commercial Court may be pursued in accordance with Articles 100–101 of the Copyright Law, requiring proof of copyright ownership to impose sanctions, including damages. Faculty of Law, Universitas Pattimura 2025-07-31 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/3130 10.47268/tatohi.v5i5.3130 TATOHI: Jurnal Ilmu Hukum; Volume 5 Issue 5, July 2025; 265-270 2775-619X 10.47268/tatohi.v5i5 eng https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/3130/pdf Copyright (c) 2025 Nitha Halawane, Rory Jeff Akyuwen, Theresia Nolda Agnes Narwadan http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/3114 2025-08-15T02:59:00Z tatohi:ART ec_fundedresources driver

Civil Dispute Resolution in Environmental Pollution Cases: A Study on the Implementation of Sustainable Development Goals 13 Meitadewi, Ni Made Putri Civil Dispute; Environmental Pollution; SDG 13. Introduction: The resolution of civil disputes in environmental pollution cases is a crucial issue in achieving environmental justice and sustainable development. Environmental pollution that causes harm to communities demands an effective, fair, and sustainable dispute resolution mechanism.Purposes of the Research: This study aims to analyze how the implementation of civil dispute resolution in environmental pollution cases aligns with the Sustainable Development Goals (SDGs) Goal 13, which focuses on climate action.Methods of the Research: The research employs a normative juridical approach with case studies and qualitative analysis, collecting data through literature review and documentation of court decisions.Findings of the Research: The findings reveal that mechanisms such as mediation, civil lawsuits, and class actions have been utilized in certain cases; however, they have not fully reflected ecological justice principles or ensured sustainable environmental recovery. The implementation of SDG 13 in dispute resolution remains partial and has yet to become a central legal guideline. Strengthening regulations and legal awareness that support preventive and restorative approaches is necessary to improve the handling of environmental pollution disputes. This study concludes that synergy between environmental civil law and the principles of SDG 13 must be enhanced to develop a dispute resolution system that not only resolves conflicts but also contributes to long-term environmental protection and restoration. Faculty of Law, Universitas Pattimura Undiknas 2025-07-31 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/3114 10.47268/tatohi.v5i5.3114 TATOHI: Jurnal Ilmu Hukum; Volume 5 Issue 5, July 2025; 252-264 2775-619X 10.47268/tatohi.v5i5 eng info:eu-repo/grantAgreement/EC/FP7/000013 https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/3114/pdf info:eu-repo/semantics/openAccess Copyright (c) 2025 Ni Made Putri Meitadewi http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/3094 2025-08-15T02:59:00Z tatohi:ART driver

Criminal Law Formulation Policy for Self-abuse of Narcotics as an Effort to Prevent Prison Overcrowding Efendi, Putri Rahma Wijayanto, Indung Legal Protection; Traditional Knowledge; Sui Generis. Introduction: This article will discuss the criminal law formulation policy related to self-abuse of narcotics in the present and future.Purposes of the Research: This article aims to evaluate the application of the health approach to drug abuse treatment under positive law, identify obstacles to implementation, and provide recommendations for regulatory reform to optimize the handling of these cases and reduce overcrowding in correctional institutions.Methods of the Research: The type of research used in this study is normative juridical research or normative legal research using a statutory approach (statue approach) and a comparative approach (comparative approach). The statutory approach is carried out by examining Law Number 35 of 2009 concerning Narcotics, SEMA Number 4 of 2010, and Regulation of the Attorney General Number PER-29/A/JA/12/2015. Meanwhile, the comparative approach is carried out by comparing regulations governing the abuse of narcotics for oneself in countries that have similar legal systems to Indonesia, namely Madagascar, Mexico, and Portugal. The data used is obtained from secondary data sourced from library materials such as official documents, books, research results in the form of reports, and documents relating to self-abuse of narcotics.Findings of the Research: This study found that the policy on narcotics abuse for oneself based on positive law currently uses a health approach, but in its enforcement it is still not optimally implemented. There are still many law enforcement officials who have the understanding that the criminal act of narcotics abuse for oneself is a crime that must be subject to imprisonment. This is what makes prisons in Indonesia overcrowded because most of them are inhabited by prisoners of narcotics crimes. This study recommends the need to reform future regulations regarding the abuse of narcotics for oneself as an effort to prevent prison overcrowding. Faculty of Law, Universitas Pattimura 2025-07-31 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/3094 10.47268/tatohi.v5i5.3094 TATOHI: Jurnal Ilmu Hukum; Volume 5 Issue 5, July 2025; 239-251 2775-619X 10.47268/tatohi.v5i5 eng https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/3094/pdf Copyright (c) 2025 Putri Rahma Efendi, Indung Wijayanto http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/2993 2025-08-15T02:59:00Z tatohi:ART driver

Auction Procedure for Dependent Rights as an Effort to Resolve Non-Litigation of Non-Performing Loans by Banks Taufiq, Taufiq Napitupulu, Diana Ria Winanti Mortgage Right Auction; Non-Performing Loans; Non-Litigation Resolution; Bank. Introduction: Non-performing loans are a major challenge in banking operations that can affect the financial stability and operational performance of banks. One of the non-litigation solutions pursued by banks to resolve such issues is through the auction of mortgage rights over the debtor's collateral.Purposes of the Research: This study aims to examine in detail the procedure for conducting mortgage right auctions as a means of resolving non-performing loans and to assess their effectiveness in providing legal protection for banks.Methods of the Research: The research method used is normative juridical with a statutory and case study approach. Normative Juridical Approach is chosen because the main focus of the research is to analyze and examine the applicable legal norms related to the procedure of mortgage right auctions as a solution for resolving non-performing loans.Findings of the Research: The results show that the auction of mortgage rights is carried out through the State Assets and Auction Service Office (KPKNL) based on Law Number 4 of 1996 on Mortgage Rights and relevant Minister of Finance Regulations. The procedure includes stages such as notification, collateral assessment, auction announcement, auction execution, and distribution of auction proceeds. Although this process offers a more efficient alternative compared to litigation, practical obstacles still exist, such as debtor objections, lengthy auction processes, and administrative hurdles. Therefore, regulatory harmonization and improved coordination between banks, KPKNL, and relevant parties are necessary to enhance the effectiveness of mortgage right auctions as a non-litigation solution for non-performing loans. Faculty of Law, Universitas Pattimura 2025-07-31 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/2993 10.47268/tatohi.v5i5.2993 TATOHI: Jurnal Ilmu Hukum; Volume 5 Issue 5, July 2025; 223-238 2775-619X 10.47268/tatohi.v5i5 eng https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/2993/pdf Copyright (c) 2025 Taufiq Taufiq, Diana Ria Winanti Napitupulu http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/2988 2025-08-15T02:58:59Z tatohi:ART driver

Perpetrators of Spreading Hoaxes Through Social Media During the 2019 Presidential Election in Indonesia Albasier, Muhammad Heykal Alhadi, Muhammad Nurcholis Muslim, Ikhwanul Hoax; Social Media; Election; Criminal Liability; Digital Literacy. Introduction: The spread of hoaxes on social media during elections in Indonesia has become a troubling phenomenon and threatens the integrity of democracy.Purposes of the Research: This study aims to examine the legal arrangements in the Electronic Information and Transactions Law and criminal liability for perpetrators of spreading hoaxes on social media during elections.Methods of the Research: The research method used is normative juridical research with a legislative approach and qualitative analysis of secondary data in the form of legal documents, literature, and previous research results.Findings of the Research: The results show that the Electronic Information and Transactions Law provides a strong legal basis to take action against the perpetrators of hoax distribution with quite severe criminal threats. However, the implementation of this law still faces challenges, especially in terms of law enforcement and public education on digital literacy. This study suggests the need for increased cooperation between the government, social media platforms, and the public in combating hoaxes and improving digital literacy to prevent the spread of misleading information. Faculty of Law, Universitas Pattimura 2025-07-31 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/2988 10.47268/tatohi.v5i5.2988 TATOHI: Jurnal Ilmu Hukum; Volume 5 Issue 5, July 2025; 215-222 2775-619X 10.47268/tatohi.v5i5 eng https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/2988/pdf Copyright (c) 2025 Muhammad Heykal Albasier, Muhammad Nurcholis Alhadi, Ikhwanul Muslim http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/3043 2025-07-20T06:09:28Z tatohi:ART driver

Legal Implications of Financial Services Authority Regulation Number 30 of 2024 on the Financial Conglomerate System in Indonesia Prasada, Erisa Ardika Putri, Rizha Claudilla Nurfitrah, Mesya Assauma Legal Implications; Financial Conglomerate; Holding Company. Introduction: Financial conglomeration in Indonesia is a strategy of combining companies from different sectors to diversify income and reduce risk.Purposes of the Research: This research aims to analyze the Financial Services Authority Regulation Number: 30/2024, which aims to harmonize the provisions of financial conglomeration with Law Number: 4/2023 on Financial Sector Development and Strengthening.Methods of the Research: The method used is normative research, focusing on analyzing legal norms and related policies.Findings of the Research: The results show that Financial Services Authority Regulations Number 30/2024 introduces a Financial Conglomerate Holding Company that is responsible for the control and consolidation of conglomerate members. The implementation of integrated supervision is expected to enhance financial system stability and support inclusive and sustainable economic growth. This research provides insight into the challenges and opportunities in regulating financial conglomerates in Indonesia. Faculty of Law, Universitas Pattimura 2025-06-30 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/3043 10.47268/tatohi.v5i4.3043 TATOHI: Jurnal Ilmu Hukum; Volume 5 Issue 4, June 2025; 202-214 2775-619X 10.47268/tatohi.v5i4 eng https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/3043/pdf Copyright (c) 2025 Erisa Ardika Prasada, Rizha Claudilla Putri, Mesya Assauma Nurfitrah http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/2992 2025-07-20T06:09:28Z tatohi:ART driver

Comparison of Venture Capital Regulations in Indonesia and ASEAN Countries Pasaribu, Simon Alex Taufiq, Taufiq Napitupulu, Diana Ria Winanti Venture Capital; ASEAN Regulations; Digital Economy. Introduction: By observing best practices from other ASEAN countries, Indonesia has a significant opportunity to reform its venture capital ecosystem to become more responsive, inclusive, and capable of supporting sustainable digital economic growth.Purposes of the Research: The purpose of this research is to identify the form and content of venture capital regulations currently enforced in Indonesia in comparison with other ASEAN countries, to analyze the similarities and differences in policies and regulatory approaches related to venture capital between Indonesia and ASEAN nations, and to determine the factors influencing the regulatory differences.Methods of the Research: A qualitative method was chosen because this approach enables the researcher to explore the policy context, legal structures, and socio-economic dynamics underlying venture capital regulations in each country.Findings of the Research: A more flexible, inclusive, and cross-sector collaborative regulatory approach will enhance Indonesia’s competitiveness in attracting investment and encouraging sustainable startup growth. Faculty of Law, Universitas Pattimura 2025-06-30 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/2992 10.47268/tatohi.v5i4.2992 TATOHI: Jurnal Ilmu Hukum; Volume 5 Issue 4, June 2025; 190-201 2775-619X 10.47268/tatohi.v5i4 eng https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/2992/pdf Copyright (c) 2025 Simon Alex Pasaribu, Taufiq Taufiq, Diana Ria Winanti Napitupulu http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/2986 2025-07-20T06:09:28Z tatohi:ART driver

Legal Protection for Child Defendants in Sexual Violence Cases Hisyam, Akmal Hasmiati, Rahmatullah Ayu Pratama, Rio Arif Legal Protection; Sexual Violence; Juvenile Justice System; Restorative Justice. Introduction: This research discusses legal protection aimed at child defendants, especially in cases of sexual violence committed against minors. This is based on a case study in Decision Number 13/Pid.Sus-Anak/2023/PNBPP and Decision Number 3/Pid.Sus-Anak/2023/PNBPP.Purposes of the Research: This research focuses on the stages or steps in the application of the law that protects the rights of child defendants with reference to Law Number 11 of 2012 concerning the Child Criminal Justice System.Methods of the Research: This research was conducted with a normative method in the form of a case study to evaluate the steps in the judiciary by starting with the arrest, investigation, prosecution, and conclusion with the welfare of children affected by the crime of sexual violence.Findings of the Research: The results of the study found that, although the criminal threat against perpetrators of sexual violence is quite severe, the implementation of punishment for children of sexual violence still prioritizes the principle of restorative justice, taking into account the psychological and social aspects of children. In both of the decisions analyzed, the child defendant received a prison sentence of different durations, and was required to undergo job training as part of the rehabilitation process. Legal protection for child defendants remains indispensable and plays an important role in guaranteeing the rights of every child as well as providing a deterrent effect in cases of sexual violence. Faculty of Law, Universitas Pattimura Universitas Muhammadiyah Kalimantan Timur 2025-06-30 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/2986 10.47268/tatohi.v5i4.2986 TATOHI: Jurnal Ilmu Hukum; Volume 5 Issue 4, June 2025; 185-189 2775-619X 10.47268/tatohi.v5i4 eng https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/2986/pdf Copyright (c) 2025 Akmal Hisyam, Rahmatullah Ayu Hasmiati, Rio Arif Pratama http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/2985 2025-07-20T06:09:27Z tatohi:ART driver

Application of Diversion to Children in Narcotics Crimes Agustinaa, Riska Alhadi, Muhammad Nurcholis Muslim, Ikhwanul Children; Diversion; Crime; Narcotics. Introduction: The criminal justice system that has been in place so far, punishment for children involved is not criminal and does not create justice, both for the perpetrator (child) and also the victim.Purposes of the Research: Explain the implementation of diversion as a method of resolving cases of diversion applications for children involved in legal cases related to drugs.Methods of the Research: This study applied an empirical legal approach, and the location of the study was at the Samarinda City Resort Police. The primary and secondary data used came from interviews, surveys, and document studies. Qualitative analysis was carried out on this data.Findings of the Research: The results of the study show that the purpose of the implementation of the diversion system at the investigation stage is to realize restorative justice. This study shows that the role of the police in settling sentences using diversion in child crimes in the Samarinda City Resort Police area is very important. As part of the criminal justice system, the police try to protect the welfare and interests of children when handling cases related to the law. Faculty of Law, Universitas Pattimura 2025-06-30 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/2985 10.47268/tatohi.v5i4.2985 TATOHI: Jurnal Ilmu Hukum; Volume 5 Issue 4, June 2025; 178-184 2775-619X 10.47268/tatohi.v5i4 eng https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/2985/pdf https://fhukum.unpatti.ac.id/jurnal/tatohi/article/downloadSuppFile/2985/587 Copyright (c) 2025 Riska Agustina, Muhammad Nurcholis Alhadi, Ikhwanul Muslim http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/2960 2025-07-20T06:09:27Z tatohi:ART driver

Children As Victims of Sexual Violence: Criminological Perspective Waliulu, Muhammad Afgan Sopacua, Margie Gladies Criminology; Child; Victims; Sexual Violence. Introduction: Children are a mandate and a gift from God Almighty that must be safeguarded because they have human dignity and rights that must be upheld. Sexual violence crimes obtained by the Ambon City Police (POLRESTA) and Lease Islands during 2022 to 2024, the forms of sexual violence were in the form of sexual intercourse and sexual abuse of children.Purposes of the Research: This research aims to examine and discuss what are the factors that cause children to become victims of sexual violence at the Ambon City and Lease Islands Police Station.Methods of the Research: The research used in this legal writing is empirical legal research or non-doctrinal research (socio legal research), using the research approach used by the author is a qualitative approach where this approach is a research method that produces analytical descriptive data This research uses primary data and secondary data.Findings of the Research: The results showed that Factors causing children to become victims of sexual violence at the Ambon City and Lease Islands Police Department are 1) Lack of Education; 2) Psychological Disorders of the Perpetrator; 3) Technological Advancement Factor; and 4) Lack of Supervision from Parents. Faculty of Law, Universitas Pattimura 2025-06-30 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/2960 10.47268/tatohi.v5i4.2960 TATOHI: Jurnal Ilmu Hukum; Volume 5 Issue 4, June 2025; 170-177 2775-619X 10.47268/tatohi.v5i4 eng https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/2960/pdf Copyright (c) 2025 Muhammad Afgan Waliulu, Margie Gladies Sopacua http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/3163 2025-06-09T02:35:21Z tatohi:ART driver

The Urgency of Civil Liability Regulation on Distribution Brain Rot Content Sinaga, Roulinta Yesvery Brain Rot; Progressive law; Urgency. Introduction: Brain rot content is a type of digital content that is absurd, addictive, and has minimal value educative is more rampant on social media platforms. Although no, in a way, directly violates the law, the distribution of Content can cause loss psychological and social, especially for groups like children and adolescents. Positive Indonesian law does not have norms that explicitly arrange or limit the distribution content kind of Content. Purposes of the Research: This research aims to study arrangements not quite enough to answer civil to distribute brain rot content, with the use of a legal approach lawMethods of the Research: This research is a type of normative legal research conducted to examine the urgency of regulating civil liability for the dissemination of brain rot content from a progressive legal perspective. In examining the issue, several approaches are used, namely the statutory approach and the philosophical approachFindings of the Research: With interpreting return draft action to oppose the law in Article 1365 of the Civil Code in a substantive way, the author proposes that digital platform providers and maker content can request not quite enough answer civil if proven negligent control distribution content that is systemic harms the community. Approach law progressive used for open room Updates more laws adaptive to development technology and dynamics social. So, the need for the formation of new norms in law digital civil capable reach forms non-material losses due to excess contemporary digital culture. Faculty of Law, Universitas Pattimura Universitas Pattimura 2025-05-31 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/3163 10.47268/tatohi.v5i3.3163 TATOHI: Jurnal Ilmu Hukum; Volume 5 Issue 3, May 2025; 162-169 2775-619X 10.47268/tatohi.v5i3 eng https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/3163/pdf Copyright (c) 2025 Roulinta Yesvery Sinaga http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/3156 2025-06-09T02:28:02Z tatohi:ART driver

Legal Protection of the Moral Rights of National Film Creators Uploaded Without Permission on TikTok Social Media Talaperuw, Vivi Narwadan, Theresia Nolda Agnes Labetubun, Muchtar Anshary Hamid Legal Protection; Moral Rights; Creators. Introduction: The development of technology in this era has certainly made many platforms created, one of which is TikTok. Film is one of the copyrighted works that is included in the category of cinematographic works protected by Law Number 28 of 2014 concerning Copyright. On this platform, users can upload a variety of content from the results of user creativity.Purposes of the Research: Analyzing the legal protection of the moral rights of national film creators uploaded without permission on TikTok social media.Methods of the Research: The research method used is normative research, statutory approach, primary and secondary legal materials and material collection procedures using literature studies. the approaches used are: statute approach, conceptual approach, and casus approach. The technique of searching for legal materials uses document study techniques, and analyzes the study using qualitative analysis.Findings of the Research: Research shows that protection related to the moral rights of national film creators uploaded on the TikTok application without the creator's permission is by providing sanctions to violators as contained in Law Number 28 of 2014 concerning Copyright and related to the settlement of moral rights disputes for national film creators uploaded without permission can be done in two ways, namely litigation and non-litigation.  For the litigation route, the dispute can be resolved in court, while for non-litigation, the settlement can be through alternative dispute resolution which includes mediation, conciliation and negotiation and the most effective settlement in this problem is through the litigation route so that it can have a deterrent effect. Faculty of Law, Universitas Pattimura Universitas Pattimura 2025-05-31 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/3156 10.47268/tatohi.v5i3.3156 TATOHI: Jurnal Ilmu Hukum; Volume 5 Issue 3, May 2025; 153-161 2775-619X 10.47268/tatohi.v5i3 eng https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/3156/pdf Copyright (c) 2025 Vivi Talaperuw, Theresia Nolda Agnes Narwadan, Muchtar Anshary Hamid Labetubun http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/2987 2025-06-09T02:28:02Z tatohi:ART driver

Juridical Analysis of Stock Market Response to Government Economic Policy: The Case of Declining IHSG in Indonesia Salmon, Harly Cliford Jonas Fiscal and Monetary Policy; Jakarta Composite Index (IHSG); Investor Protection and Capital Market Regulation. Introduction: Acroeconomic changes in Indonesia have a significant impact on the industrial sector and capital markets. High inflation, the depreciation of the rupiah, and rising interest rates can reduce purchasing power and corporate profitability, ultimately leading to a decline in the Composite Stock Price Index (IHSG). This economic instability may prompt investors to withdraw their capital from the stock market, further worsening the IHSG condition.Purposes of the Research: This study aims to analyse how government economic policies influence IHSG movements by examining market responses to the fiscal and monetary policies implemented by the Indonesian government.Methods of the Research: This research adopts a normative juridical approach by analysing laws and legal norms related to economic policies. The study examines regulations affecting stock market stability and their impact on investment decisions.Findings of the Research: The findings indicate that unclear fiscal and monetary policies negatively affect IHSG. The 5% decline in IHSG on March 18, 2025, reflects economic and political uncertainty, causing investors to be more cautious. Policies such as budget cuts for ministries and the free nutritious meal program have triggered negative market reactions. Additionally, inconsistent tax policies have further increased economic uncertainty. This study concludes that transparency and policy consistency are crucial in maintaining IHSG stability and enhancing investor confidence in Indonesia’s capital market. Faculty of Law, Universitas Pattimura Universitas Pattimura 2025-05-31 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/2987 10.47268/tatohi.v5i3.2987 TATOHI: Jurnal Ilmu Hukum; Volume 5 Issue 3, May 2025; 138-144 2775-619X 10.47268/tatohi.v5i3 eng https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/2987/pdf Copyright (c) 2025 Harly Cliford Jonas Salmon http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/3097 2025-06-09T02:28:02Z tatohi:ART driver

Consumer Legal Protection Against 'Oto' Public Transport Practices in Ambon City: A Case Study of Premature Passenger Drop-off Before Destination Tantaru, Fernando Consumer Rights; Public Transportation; Oto Service; Legal Protection. Introduction: This article analyzes the legal issues surrounding the practice of prematurely dropping off passengers in the “oto” public transportation service in Ambon City. The issue has raised public concern due to its impact on passenger rights and comfort, as well as the obligation of drivers to provide agreed-upon services.Purposes of the Research: The purpose of this study is to examine the legal protection afforded to passengers under Indonesian law, particularly in relation to unfair transportation practices and violations of consumer rights by “oto” drivers.Methods of the Research: This research uses a normative legal method, employing statutory and conceptual approaches. It focuses on analyzing relevant laws such as Law Number 22 of 2009 on Traffic and Road Transport and Law Number 8 of 1999 on Consumer Protection to determine the obligations of public transport providers.Findings of the Research: The findings show that prematurely dropping off passengers without justification constitutes a breach of both transportation and consumer protection laws. This study contributes to the discourse by highlighting the need for improved legal enforcement and increasing public awareness regarding consumer rights in the public transportation sector, particularly in underserved urban areas like Ambon. Faculty of Law, Universitas Pattimura Universitas Pattimura 2025-05-31 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/3097 10.47268/tatohi.v5i3.3097 TATOHI: Jurnal Ilmu Hukum; Volume 5 Issue 3, May 2025; 145-152 2775-619X 10.47268/tatohi.v5i3 eng https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/3097/pdf Copyright (c) 2025 Fernando Tantaru http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/2970 2025-06-09T02:28:02Z tatohi:ART driver

Prevention of General Criminal Offenses In The General Criminal Investigation Directorate of The Maluku Regional Police Force Pasorong, Wiranata Titahelu, Juanrico Alfaromona Sumarezs Latupeirissa, Julianus Edwin Prevention; General Criminal; Investigation. Introduction: Security and order is a situation characterized by guaranteed security and public order, order and law enforcement, and the implementation of protection, protection and services to the community.  One of the police divisions in having an important task to emphasize general crimes or crimes of a general nature contained in Maluku carried out by the Directorate of General Criminal Investigation by carrying out prevention efforts.Purposes of the Research: This study aims to examine and discuss the Prevention of General Crimes at the General Criminal Investigation Directorate of the Maluku Regional Police.Methods of the Research: The research method used is normative research, statutory approach, primary and secondary legal materials and material collection procedures using literature studies. the approaches used are: statute approach, conceptual approach, and casus approach. The technique of searching for legal materials uses document study techniques, and analyzes the study using qualitative analysis.Findings of the Research: The results showed that. Prevention of General Crimes Carried out by the General Criminal Directorate of Maluku Police is to increase parents' awareness to play a greater role in fostering their children, provide information and remind the public of the criminal threats that can be imposed on everyone who commits acts that can be categorized as despicable acts, provide. intensify religious and moral education to all levels of society outside of school and provide education and transparency in law enforcement; and try to improve the ability and authority of law enforcement officials in handling criminal acts through training activities and other activities that are really felt directly by the community. Faculty of Law, Universitas Pattimura Universitas Pattimura 2025-05-31 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/2970 10.47268/tatohi.v5i3.2970 TATOHI: Jurnal Ilmu Hukum; Volume 5 Issue 3, May 2025; 130-137 2775-619X 10.47268/tatohi.v5i3 eng https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/2970/pdf Copyright (c) 2025 Wiranata Pasorong, Juanrico Alfaromona Sumarezs Titahelu, Julianus Edwin Latupeirissa http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/2971 2025-06-09T02:28:02Z tatohi:ART driver

Legal Protection for Land Buyers in Sale and Purchase Agreement Under Hand Lewaherilla, Imanuel David Jackson Akyuwen, Rory Jeff Radjawane, Piter Buying Selling; Land Registrasion; Legal Protection. Introduction: Land rights acquisition can be obtained in various ways such as buying and selling, exchanging, granting or bequests, but the acquisition of land rights that often occurs in society is through buying and selling.Purposes of the Research: The purpose of this study is to examine the legal force of the transfer of land rights through underhand sales and legal protection for the purchaser of land rights through underhand sales.Methods of the Research: The research method used in this writing is normative legal research by using analytical descriptive research on legal regulations and expert opinions through primary, secondary and tertiary legal materials through the process of collecting legal materials and analyzing them to obtain conclusions and suggestions.Findings of the Research: In the process of buying and selling land, it is very important to pay attention to the legal force in the buying and selling process, where if the buying and selling process is only carried out underhand, it can have an impact on the legal force of the buying and selling that is carried out because underhand buying and selling often does not have an authentic deed so that it is vulnerable to proof if a dispute occurs in the future and if there has been a sale and purchase underhand, the buyer must pay attention to several aspects in order to get legal protection in the buying and selling process, including the buying and selling process must be carried out at the village/district office in order to get supervision from the authorities and several witnesses must be present in the buying and selling process and this buying and selling process must be recorded. Faculty of Law, Universitas Pattimura Universitas Pattimura 2025-05-31 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/2971 10.47268/tatohi.v5i3.2971 TATOHI: Jurnal Ilmu Hukum; Volume 5 Issue 3, May 2025; 123-129 2775-619X 10.47268/tatohi.v5i3 eng https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/2971/pdf https://fhukum.unpatti.ac.id/jurnal/tatohi/article/downloadSuppFile/2971/582 Copyright (c) 2025 Imanuel David Jackson Lewaherilla, Rory Jeff Akyuwen, Pieter Radjawane http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/3081 2025-05-26T02:00:40Z tatohi:ART driver

The Distribution of Inheritance in the Customary Law Community Before the Death of the Muwaris Reviewed from Islamic Law Nawardi, Hamdan Latupono, Barzah Angga, La Ode Inheritance; Customary Law; Islamic Law. Introduction: The process of inheritance is to act as an alternative to the attitude of property ownership between the deceased and the person who leaves it, while according to the term it is something without which there will be no law, for example thaharah (purification) is a valid condition for prayer, if it is not cleaned before prayer, the prayer is undoubtedly invalid, however, doing thaharah, does not mean when you want to pray.Purposes of the Research: To find out and explain the factors behind the inheritance distribution system before the deceased in Gunung Village, South Buton Regency and to know and explain the views of Islamic law regarding inheritance distributed before the deceased died.Methods of the Research: The research method used in this writing is normative legal research. As for answering the problems in this study, the author uses three problem approaches, namely the statute approach, the case approach, and the conceptual approach. The procedure for collecting legal materials carried out by the author is to search and collect laws and regulations related to the legal issues faced. Laws and regulations in this case include both legislation and regulations. The analysis of legal materials uses a qualitative method, which is a study related to legal norms contained in international laws and regulations and legal norms in society.Findings of the Research: The results of this study show that the Distribution of Inheritance According to Islamic Law, which refers to Article 171 of the Compilation of Islamic Law, there are several provisions that have been stipulated in regulating inheritance. The view of Islamic law regarding inheritance distributed before the heir dies is that in Islamic law there is no division of inheritance before the heir dies, if this happens then in Islamic law it is called Hibah. Faculty of Law, Universitas Pattimura 2025-04-30 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/3081 10.47268/tatohi.v5i2.3081 TATOHI: Jurnal Ilmu Hukum; Volume 5 Issue 2, April 2025; 104 - 122 2775-619X 10.47268/tatohi.v5i2 eng https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/3081/pdf Copyright (c) 2025 Hamdan Nawardi, Barzah Latupono, La Ode Angga http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/2989 2025-05-26T02:00:39Z tatohi:ART driver

Granting of Dependent Rights: A Legal Comparison Between Indonesia and Malaysia Saro, Inoto Pasaribu, Simon Alex Napitupulu, Diana Ria Winanti Mortgage Rights; Execution; Legal Comparison; Indonesia; Malaysia; Legal Protection. Introduction: The enforcement of security rights plays a crucial role in debt guarantee systems, balancing the interests of creditors and debtors. Although both countries share a civil law tradition, significant differences exist in their execution mechanisms, particularly regarding the role of the courts, auction procedures, and the protection of debtor rights. In Indonesia, execution procedures are governed by Law Number 4 of 1996 on Mortgage Rights, which allows creditors to initiate either a parate execution or litigation through court proceedings. In contrast, Malaysia mandates judicial foreclosure for all mortgage enforcements, as regulated under the National Land Code 1965 and the applicable procedural rules.Purposes of the Research: This study aims to analyze and compare the procedures for executing mortgage objects between Indonesia and Malaysia.Methods of the Research: This research adopts a normative juridical and descriptive-comparative approach by examining statutory regulations, court decisions, and relevant legal literature from both jurisdictions.Findings of the Research: The findings reveal that Indonesia’s system offers speed and flexibility but poses a higher risk of procedural abuse, while Malaysia’s judiciary-based approach provides greater debtor protection at the cost of increased time and legal expenses. The study also identifies practical challenges such as administrative delays, high execution costs, and legal uncertainties. Accordingly, this research recommends strengthening the oversight of execution practices in Indonesia and considering the introduction of a statutory limitation period, as implemented in Malaysia, to ensure a balanced approach between efficiency and justice in mortgage enforcement systems. Faculty of Law, Universitas Pattimura 2025-04-30 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/2989 10.47268/tatohi.v5i2.2989 TATOHI: Jurnal Ilmu Hukum; Volume 5 Issue 2, April 2025; 92 - 103 2775-619X 10.47268/tatohi.v5i2 eng https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/2989/pdf Copyright (c) 2025 Inoto Saro, Simon Alex Pasaribu, Diana Ria Winanti Napitupulu http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/2957 2025-05-26T02:00:38Z tatohi:ART driver

Position of Consignment in Land Acquisition Whose Whereabouts Are Unknown Djokdja, Dwiky Oryza Laturette, Adonia Ivone Radjawane, Pieter Consignment; Land Acquisition; Heirs. Introduction: Consignment as an act of depositing compensation is contained in Article 1 paragraph (9) of the Supreme Court Regulation Number 2 of 2021 and compensation in court is also explained in the Civil Code in Article 1404 of the Civil Code.Purposes of the Research: The purpose of this study is to examine the position of consignment in land acquisition where the whereabouts of the heirs are unknown. This study helps in seeing the procedures and position of consignment in land acquisition for heirs whose whereabouts are unknown.Methods of the Research: The research method used in this writing is normative research methods. Thus, this research collects data using library research, namely in the form of scientific materials such as legislation, books, official documents, publications and research results.Findings of the Research: Based on the applicable regulations, the position of the consignment where the position of the consignment that has been entrusted by the land acquisition committee to the district court against the owner and heirs who are unknown or the owner and heirs whose whereabouts are unknown is the full right of those who are unknown so that the consignment must be kept until the owner or heirs appear, so that if the owner and heirs do not appear for a long time it will not change the position of the consignment because it has become the full right of the owner and heirs. Faculty of Law, Universitas Pattimura 2025-04-30 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/2957 10.47268/tatohi.v5i2.2957 TATOHI: Jurnal Ilmu Hukum; Volume 5 Issue 2, April 2025; 84 - 91 2775-619X 10.47268/tatohi.v5i2 eng https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/2957/pdf https://fhukum.unpatti.ac.id/jurnal/tatohi/article/downloadSuppFile/2957/576 Copyright (c) 2025 Dwiky Oryza Djokdja, Adonia Ivone Laturette, Pieter Radjawane http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/2953 2025-05-26T02:00:38Z tatohi:ART driver

The Urgency of Victim Impact Statements in Handling Sexual Violence Cases in Indonesia Andries, Desebrina Lupitha Latupeirissa, Julianus Edwin Saimima, Judy Marria Victim Impact Statement; Criminal Justice System; Sexual Violence. Introduction: Victim Impact Statement (hereinafter referred to as VIS) is a mechanism that provides an opportunity for victims or their families to convey the psychological, physical, social, and financial impacts resulting from a criminal act. The purpose of VIS is to provide the victim’s perspective in the judicial process to help judges understand the consequences of the criminal act, especially during the sentencing phase.Purposes of the Research: The aim of this research is to examine and analyze the urgency of VIS in the Indonesian criminal justice system and its influence on sexual violence cases.Methods of the Research: This research uses a normative legal research method with a legislative approach, a conceptual approach, and a comparative approach. The data collected is analyzed qualitatively to understand the role of VIS in the criminal justice system.Findings of the Research: The results of the research show that the decision of the Padang High Court Number 119/PID.Sus/2024/PT.PDG, where the defendant was acquitted despite sufficient evidence, highlights the importance of applying VIS in the criminal justice system in Indonesia. To date, VIS has not been implemented in Indonesia, but this case reflects the need for a better mechanism to ensure that victims' rights are truly upheld in the judicial process. Therefore, integrating VIS into the Indonesian criminal justice system is necessary to enhance protection for victims, particularly in sexual violence cases. Faculty of Law, Universitas Pattimura 2025-04-30 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/2953 10.47268/tatohi.v5i2.2953 TATOHI: Jurnal Ilmu Hukum; Volume 5 Issue 2, April 2025; 74 - 83 2775-619X 10.47268/tatohi.v5i2 eng https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/2953/pdf https://fhukum.unpatti.ac.id/jurnal/tatohi/article/downloadSuppFile/2953/575 Copyright (c) 2025 Desebrina Lupitha Andries, Julianus Edwin Latupeirissa, Judy Marria Saimima http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/2968 2025-05-26T02:00:39Z tatohi:ART driver

Liability of Debtors for Default on Credit Agreements In Savings and Loan Cooperatives Noya, Jelien Bridelia Tjoanda, Merry Haliwela, Nancy Silvana Lenggono, Roy Prabowo Debtor; Default; Savings and Loan Cooperative. Introduction: Cooperatives are one of the people's choices to develop their business by lending business capital, in the implementation of credit in savings and loan cooperatives, there are often problems such as late payments (bad loans) to defaults that cause losses for the cooperative, where savings and loan cooperatives have provided benefits to the community according to the purpose of the cooperative.Purposes of the Research: To analyze and review the Debtor's Responsibility for the Default of Credit Agreement in the Savings and Loan Cooperative.Methods of the Research: The research method used is normative juridical with the approach used in this study is a conceptual approach, to answer existing problems, the author collects legal materials through literature studies and analysis with descriptive analysis methods.Findings of the Research: The results of this study show that the implementation of credit in savings and loan cooperatives that occur in the community has not gone well, because there are often verbal credit agreements that cause problems. If the debtor does not resolve the default can be attributed as a default, and the default can be accounted for in court. So that the credit agreement in the savings cooperative must be in writing so that it can be strong evidence and not be a problem, so that the government is obliged to carry out supervision on cooperatives, especially for collection officers who directly go down to the community. Faculty of Law, Universitas Pattimura 2025-04-30 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/2968 10.47268/tatohi.v5i2.2968 TATOHI: Jurnal Ilmu Hukum; Volume 5 Issue 2, April 2025; 69 - 73 2775-619X 10.47268/tatohi.v5i2 eng https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/2968/pdf Copyright (c) 2025 Jelien Bridelia Noya, Merry Tjoanda, Nancy Silvana Haliwela, Roy Prabowo Lenggono http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/2907 2025-05-26T02:00:38Z tatohi:ART driver

Legal Protection Against Insults on Social Media as a Form of Cyberbullying: Case Study of Decision Number: 21/Pid.Sus/2020/PN.Lbo Zahrah, Mutiara Alhadi, Muhammad Nurcholis Prasetyo, Bayu Cyberbuulying; Legal Protection; Law Enforcement. Introduction: The phenomenon of insults on social media as a form of Cyberbullying or bullying in cyberspace is an act of intimidation, humiliation, humiliation, or deliberate harassment through the internet, focusing on the case study of Decision Number: 21/Pid.Sus/2020/PN.lbo. The main issues raised are the legal protection of victims of cyberbullying and the effectiveness of law enforcement in Indonesia.Purposes of the Research: To identify the protection mechanisms available to victims and assess the extent to which the law can be enforced against the perpetrators of cyberbullying.Methods of the Research: The research method used is normative juridical, with a legislative approach and case studies. Data were collected through a review of the literature, including relevant Laws and the results of previous research.Findings of the Research: Showing that in the Cyberbullying case at the Lamboto District Court, the defendant was sentenced in accordance with the Electronic Information and Transaction Law for defamation on social media. This decision emphasizes justice, legal fairness, and protection for victims and provides a deterrent effect for perpetrators while showing that the Judge's commitment to providing justice in the judiciary in handling crimes in cyberspace. Faculty of Law, Universitas Pattimura 2025-04-30 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/2907 10.47268/tatohi.v5i2.2907 TATOHI: Jurnal Ilmu Hukum; Volume 5 Issue 2, April 2025; 59 - 68 2775-619X 10.47268/tatohi.v5i2 eng https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/2907/pdf Copyright (c) 2025 Mutiara Zahrah, Muhammad Nurcholis Alhadi, Bayu Prasetyo http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/3071 2025-05-17T02:15:11Z tatohi:ART driver

Legal Protection of Works Produced by Artificial Intelegence Al Idrus, Rizki Akyuwen, Rory Jeff Labetubun, Muchtar Anshary Hamid Legal Protection; Artificial Intelligence; Copyright. Introduction: The development of Artificial Intelligence-based technology in the digital era has implications for human life, one of which is law. One of the interesting legal issues to study related to artificial intelligence is copyright protection.Purposes of the Research: This study aims to determine whether creations resulting from artificial intelligence can be classified as intellectual property and to determine whether artificial intelligence can be equated with employees who work based on employment relationships (Works Made for Hire).Methods of the Research: The research method used by the author is normative. The legal materials used by the author are primary legal materials that are authoritative in the form of laws and regulations, secondary legal materials, namely legal materials that support primary legal materials, namely literature studies (journals and books), and Tertiary (mass media, legal dictionaries, journals, and the internet). The materials obtained were then analyzed using a qualitative descriptive method, namely by analyzing legal materials and then systematically arranged to obtain conclusions.Findings of the Research: The results of the study are 1) showing that the creations produced by AI do not meet the subjective concept of a creation, but meet the objective concept of a creation which therefore could possibly obtain copyright protection. 2) The Works Made For Hire doctrine can be used as a solution, the AI system will be considered an employee. The creation will be allocated directly to the user or programmer, because the AI system is a tool that helps the creator in producing a creation. Faculty of Law, Universitas Pattimura 2025-03-31 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/3071 10.47268/tatohi.v5i1.3071 TATOHI: Jurnal Ilmu Hukum; Volume 5 Issue 1, March 2025; 45 - 58 2775-619X 10.47268/tatohi.v5i1 eng https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/3071/pdf Copyright (c) 2025 Rizki Al Idrus, Rory Jeff Akyuwen, Muchtar Anshary Hamid Labetubun http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/2951 2025-05-17T02:15:11Z tatohi:ART driver

Criminal Law Policy in the Distribution of Assistance Funds for Corruption Causes Sidebang, Ledyana Olipia Lewerissa, Yanti Amelia Saimima, Judy Marria Criminal Law Policy; Distribution of Assistance Funds; Corruption Crimes. Introduction: Indonesia's financial income and expenditure called Fiscal are obtained from three components, namely: Tax, Non-Tax State Revenue, and Grants. However, at the time of fiscal distribution as part of state expenditure in this case aid funds experienced problems that gave rise to criminal acts of Corruption.Purposes of the Research: :  Aims to analyze criminal law policies regarding misused funds and analyze criminal law policies in corruption crimes related to misused aid funds.Methods of the Research: This study uses normative juridical with legal materials used in the study are primary, secondary, and tertiary. The collection technique is carried out through literature studies in the form of books, scientific works, and other literature.Findings of the Research: The results of the study show that the criminal law policy implemented by the Indonesian government is regulated in Law Number 31 of 1999 jo. Law Number 20 of 2001 concerning the Eradication of Corruption. Not only in this law, when Covid-19 hit Indonesia, the Indonesian government issued Government Regulation in Lieu of Law Number 1 of 2020 concerning State Financial Policy and Financial System Stability for the handling of the Covid-19 Pandemic. However, in practice, corruption still occurs in the field, and at the time of the judge's decision does not receive a punishment commensurate according to the deed and is not fully in line with the criminal law policy in Indonesia to eradicate corruption. Faculty of Law, Universitas Pattimura 2025-03-31 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/2951 10.47268/tatohi.v5i1.2951 TATOHI: Jurnal Ilmu Hukum; Volume 5 Issue 1, March 2025; 31 - 44 2775-619X 10.47268/tatohi.v5i1 eng https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/2951/pdf Copyright (c) 2025 Ledyana Olipia Sidebang, Yanti Amelia Lewerissa, Judy Marria Saimima http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/2947 2025-05-17T02:15:11Z tatohi:ART driver

Criminological Study of Crime in Ambon City with Island Characteristics Hahury, Charly Timothy Titahelu, Juanrico Alfaromona Sumarezs Leasa, Elias Zadrack Criminology; Crime; Islands Introduction: Ambon City as the center of government, education and economy in Maluku, has also developed into a center for various crimes. This is due to the support of the geographical location of Ambon City and Maluku as a whole as an Island Province. The problem in this writing is how are the characteristics of crime in Ambon City which is characterized by an island and how are efforts to overcome crime in Ambon City which is characterized by an island.Purposes of the Research: The purpose of this writing is to study and analyze the characteristics of crime in Ambon City which is characterized by an island and to study and analyze efforts to overcome crime in Ambon City which is characterized by an island.Methods of the Research: The research method used is empirical juridical, the data sources used are primary data and secondary data. Data collection techniques through observation, interviews and literature studies. Qualitative data analysis techniques.Findings of the Research: The results of the study show that the characteristics of crime in Ambon City which is characterized by an island are divided into 3 groups, namely conventional crimes that stand out are aggravated theft; transnational crimes that stand out are narcotics trafficking crimes; and crimes based on social conflict involving areas/regions that have long been in conflict. Efforts to combat crime in Ambon City begin with identifying the factors that cause crime and linking them to the criminology theories used, after which two approaches are used, namely the penal approach and the non-penal approach to combat various crimes. Faculty of Law, Universitas Pattimura 2025-03-31 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/2947 10.47268/tatohi.v5i1.2947 TATOHI: Jurnal Ilmu Hukum; Volume 5 Issue 1, March 2025; 23 - 30 2775-619X 10.47268/tatohi.v5i1 eng https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/2947/pdf Copyright (c) 2025 Charly Timothy Hahury, Juanrico Alfaromona Sumarezs Titahelu, Elias Zadrack Leasa http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/2940 2025-05-17T02:15:11Z tatohi:ART driver

Strategy of Dispute Resolution By Business Enterprises in Online Sale Transactions Joris, Tesalonika Luana Saija, Ronald Pariela, Marcelo Valentino Geovani Resolution; Dispute; Default; E-commerce. Introduction: The practice of online buying and selling, there are often defaults that disadvantage related parties and cause disputes. Dispute resolution is often faced with problems such as complicated procedures, lack of public understanding of available mechanisms, imbalance of power between business owners and consumers, and limited capacity of dispute resolution institutions.Purposes of the Research: The purpose of this research is to find out how consumer protection against online buying and selling disputes.Methods of the Research: This research is normative in approach with a statutory approach and conceptual approach. The research sources are legal sources related to online transactions in order to increase understanding of the principles of justice, consumer protection, and dispute resolution due to default.Findings of the Research: The results show that as a settlement of disputes due to default, it is necessary to make preventive efforts, namely being aware of the rights and obligations as buyers and sellers to prevent default and repressive efforts for consumer protection with compensation and which can be resolved by litigation and non-litigation. Dispute resolution needs to be synchronized with existing regulations on each e-commerce platform, so that consumers and sellers can follow the dispute resolution mechanism effectively. Faculty of Law, Universitas Pattimura Pattimura University, Faculty of Law 2025-03-31 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/2940 10.47268/tatohi.v5i1.2940 TATOHI: Jurnal Ilmu Hukum; Volume 5 Issue 1, March 2025; 15 - 22 2775-619X 10.47268/tatohi.v5i1 eng https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/2940/pdf Copyright (c) 2025 Tesalonika Luana Joris, Ronald Saija, Marcelo Valentino Geovani Pariela http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/2917 2025-05-17T02:15:11Z tatohi:ART driver

Criminal Liability for the Perpetrator of Wife and Child Abandonment in the Household Findianti, Sinta Annabella Sopacua, Margie Gladies Muammar, Muammar Criminal Liability; Neglect of Wife; Children. Introduction: Criminal liability is a legal process that ensures that every individual who commits a criminal act must be responsible for his or her actions, in this case the neglect of wife and children, criminal liability serves to provide a deterrent effect to the perpetrator and protect the rights of victims who have been harmed.Purposes of the Research: This study aims to analyze criminal liability for perpetrators of wives and children neglect in the household with a case study of Court Decision Number 45/Pid.Sus/2020/PN Psb.Methods of the Research: The research methods used are normative research, legislative approaches, primary and secondary legal materials and material collection procedures using literature studies. The approaches used are: statute approach, conceptual approach, and casus approach. Legal material tracing techniques using document study techniques, and study analysis using qualitative analysis.Findings of the Research: The results of the study show that criminal liability to the perpetrators of wives and children abandonment in the Court Decision Number 45/Pid.Sus/2020/PN. PSB, namely the defendant in being sentenced to prison for 3 (three) months, besides that the defendant will also improve his behavior and be responsible as the head of household for his family in the future, Faculty of Law, Universitas Pattimura 2025-03-31 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/2917 10.47268/tatohi.v5i1.2917 TATOHI: Jurnal Ilmu Hukum; Volume 5 Issue 1, March 2025; 8 - 14 2775-619X 10.47268/tatohi.v5i1 eng https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/2917/pdf Copyright (c) 2025 Sinta Annabella Findianti, Margie Gladies Sopacua, Muammar Muammar. http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/2890 2025-05-17T02:15:10Z tatohi:ART driver

The Crime of Spreading Pornographic Content in Digital Media Nugroho, Muhamad Rizal Satrio Alhadi, Muhammad Nurcholis Muslim, Ikhwanul Legal Protection; Cybercrime; Pornography Dissemination. Introduction: As technology continues to advance, it brings significant changes to people’s lives. However, these advancements are also accompanied by threats, one of which is cybercrime. A particular form of this crime is the dissemination of pornographic content, which has substantial negative impacts, both on individual victims and on society as a whole.Purposes of the Research: This study aims to examine the legal regulations in Indonesia governing the dissemination of pornographic content and to analyze the legal protection for victims as stipulated in Law Number 12 of 2022 concerning Sexual Violence Crimes.Methods of the Research: The research method used is normative juridical approach, involving an analysis of relevant laws, such as the Criminal Code, the Electronic Information and Transactions Law, the Pornography Law, and the Law on Sexual Violence Crimes.Findings of the Research: The results of the study show that the dissemination of pornographic content is regulated in articles 282, 296, and 50 of the Criminal Code, as well as Article 27 paragraph (1) and Article 45 paragraph (1) of the Electronic Information and Transaction Law, with strict criminal threats. The Pornography Law and Law Number 1 of 2024 strengthen supervision of electronic systems and administrative sanctions. The Sexual Violence Crime Act provides comprehensive protections for victims, including the right to legal services, psychological support, content removal, and protection from perpetrator threats and lawsuits. Faculty of Law, Universitas Pattimura 2025-03-31 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/2890 10.47268/tatohi.v5i1.2890 TATOHI: Jurnal Ilmu Hukum; Volume 5 Issue 1, March 2025; 1 - 7 2775-619X 10.47268/tatohi.v5i1 eng https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/2890/pdf Copyright (c) 2025 Muhamad Rizal Satrio Nugroho, Muhammad Nurcholis Alhadi, Ikhwanul Muslim http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/2857 2025-03-04T00:10:37Z tatohi:ART driver

Legal Protection of Children Facing the Law for Their Published Identities Kalsela, Wanda Frisilia Alhadi, Muhammad Nurcholis Prasetyo, Bayu Legal Protection; Child Identity Publication; Liability and Code of Ethics. Introduction: The news that contains the identity of children involved in legal cases, whether as perpetrators, victims or witnesses, is a crucial issue because it can interfere with their physical, emotional and social development. Indonesian law has established various regulations that strictly prohibit the disclosure of children's identities in order to protect their rights. This research focuses on analyzing legal policies governing the protection of children in mass media coverage, particularly in the context of disclosing their identities.Purposes of the Research: In addition, the study also evaluated potential legal consequences, including criminal sanctions and possible violations of the journalistic code of ethics.Methods of the Research: Using a descriptive normative juridical method, this research explores the applicable legal provisions, the pattern of media coverage, and the impact caused by violations of these rules.Findings of the Research: The findings of the study show that although there are clear rules regarding the protection of children's identities, their implementation is still hampered by several problems, such as the lack of understanding of journalists of relevant laws and indecisiveness in sanctioning violations. This study also identifies a number of laws that regulate criminal liability against mass media, including "Law Number 40 of 1999 concerning the Press, Law Number 11 of 2012 concerning the Aanak Criminal Justice System, Law Number 35 of 2014 concerning Child Protection, and the Criminal Code". Faculty of Law, Universitas Pattimura 2025-02-28 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/2857 10.47268/tatohi.v4i12.2857 TATOHI: Jurnal Ilmu Hukum; Volume 4 Issue 12, February 2025; 952 - 960 2775-619X 10.47268/tatohi.v4i12 eng https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/2857/pdf Copyright (c) 2025 Wanda Frisilia Kalsela, Muhammad Nurcholis Alhadi, Bayu Prasetyo http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/2856 2025-03-13T05:53:12Z tatohi:ART driver

The Impact of Embezzlement of Bank Indonesia Deposit Cash in Maluku and the Implications for Banking Security Salmon, Harly Cliford Jonas Misappropriation of Entrusted Funds; Bank Indonesia; Banking Crime; Bank Maluku. Introduction: One of the most common criminal offenses in the banking sector is falsification of records, particularly in the provision of credit facilities. Falsification of records refers to the act of creating or manipulating data and information that do not reflect reality to gain unlawful advantages. The case of misappropriation of Bank Indonesia’s entrusted funds faced by the Regional Development Bank of Maluku and North Maluku, involving an outsourced employee, serves as a concrete example of how banking crimes can have widespread effects and negative impactsPurposes of the Research:  To analyze the legal impact and implications of the misappropriation of Bank Indonesia’s entrusted funds in Maluku on the banking sector.Methods of the Research: This study employs a normative legal research method, primarily utilizing library research as the main data source. It adopts a conceptual approach, gathering data from various literature sources. Legal materials are collected from secondary legal sources, then processed and analyzed qualitatively.Findings of the Research: What is new in this Research that may benefit readers and how it is advancing the existing knowledge or creating new knowledge in this subject. It is at the heart of a research report because a finding is what the reader is actually looking for. The findings component does not have to present all the things that are found in the research, it is presented that the findings are relevant to the nature of this research. For example: The results show that or The findings of this study prove that businesses that reached their dominant position before the recession had a significant advantage over small businesses. However, they cannot be compelled to act on the same basis for very long, which is why a more US-like model would be useful for controlling some of these business behaviors. Faculty of Law, Universitas Pattimura 2025-02-28 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/2856 10.47268/tatohi.v4i12.2856 TATOHI: Jurnal Ilmu Hukum; Volume 4 Issue 12, February 2025; 945 - 951 2775-619X 10.47268/tatohi.v4i12 eng https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/2856/pdf Copyright (c) 2025 Harly Cliford Jonas Salmon http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/2838 2025-03-04T00:10:36Z tatohi:ART driver

Review of the Constitutional Court's Decision Number: 82/PUU-XII/2014 on Women's Representation in Parliament in the Perspective of Legal Feminism Fitriana, Alisa Zahra Muslim, Ikhwanul Yulianingrum, Aullia Vivi Women's Representation; Legal Feminism; Gender Equality. Introduction: This study analyzes the Constitutional Court Decision Number: 82/PUU-XII/2014 which is a critical basis and an important basis for resolving the problem of women's representation in legislative institutions. Despite various legal provisions ensuring women's representation, challenges in practical implementation persist.Purposes of the Research: The research aims to examine the Constitutional Court's reasoning on the concept of women's representation and assess the consistency of equality principles through the lens of legal feminism.Methods of the Research: This study employs a normative juridical research method with a descriptive approach, focusing on the judicial interpretation of women's representation and its impact on affirmative policies in politics.Findings of the Research: The findings reveal that Decision Number: 82/PUU-XII/2014 reflects efforts to protect women's constitutional rights by reinforcing the phrase "prioritizing women's representation," despite its lack of explicit regulation. The study also indicates that the Constitutional Court consistently applies legal feminism principles to ensure equal opportunities in legislative institutions. However, the repeal of gender affirmative measures in Law Number: 17 of 2014 on MD3 has led to legal uncertainty, disadvantaging women. Faculty of Law, Universitas Pattimura 2025-02-28 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/2838 10.47268/tatohi.v4i12.2838 TATOHI: Jurnal Ilmu Hukum; Volume 4 Issue 12, February 2025; 932 - 944 2775-619X 10.47268/tatohi.v4i12 eng https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/2838/pdf Copyright (c) 2025 Alisa Zahra Fitriana, Ikhwanul Muslim, Aullia Vivi Yulianingrum http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/2831 2025-03-04T00:10:36Z tatohi:ART driver

Warehouse Receipt Guarantee Fund As Protection For Holders Or Recipients Of Warehouse Receipt Guarantee Rights Nabila, Syadzwina Hindun Warehouse Receipt; Guarantee; Legal Protection. Introduction: The agricultural sector is the backbone of the Indonesian economy. However, farmers still face various challenges, including limited access to finance, fluctuating commodity prices, and the dominance of middlemen in the supply chain. These conditions hinder the improvement of farmers' productivity and welfare. The warehouse receipt system works by providing farmers with proof of ownership of their crops in the form of warehouse receipts that can be used as collateral to obtain loans from financial institutions, giving farmers flexibility in selling their crops. However, the warehouse receipt system still faces a number of challenges, including the risk of loss due to failure of the warehouse manager. To address this, the government has established the Warehouse Receipt Guarantee Corporation, which aims to protect farmers' rights and increase confidence in the system.Purposes of the Research:  The purpose of this study is to examine how the warehouse receipt guarantee institution as a protection for warehouse receipt holders or recipients of collateral rights on warehouse receipts.Methods of the Research: This research is conducted in normative juridical, using literature data as secondary data to examine the rules and norms in law.Findings of the Research: The warehouse receipt guarantee institution provides protection and legal certainty to warehouse receipt holders and recipients of collateral rights from the failure of warehouse managers to carry out their duties which can result in physical damage to goods due to external factors such as natural disasters or internal factors such as negligence. This Warehouse Receipt Guarantee Agency will function as a guarantor like insurance if there are Warehouse Managers who experience bankruptcy. To protect the rights of warehouse receipt holders, Law Number 9 Year 2011 authorizes the Guarantee Institution to take action if the warehouse manager fails to perform his duties. The Guarantee Institution is authorized to make policies, handle problems, and even file for bankruptcy if necessary. Faculty of Law, Universitas Pattimura 2025-02-28 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/2831 10.47268/tatohi.v4i12.2831 TATOHI: Jurnal Ilmu Hukum; Volume 4 Issue 12, February 2025; 922 - 931 2775-619X 10.47268/tatohi.v4i12 eng https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/2831/pdf https://fhukum.unpatti.ac.id/jurnal/tatohi/article/downloadSuppFile/2831/530 Copyright (c) 2025 Syadzwina Hindun Nabila http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/2816 2025-03-04T00:10:36Z tatohi:ART driver

Zaakwarneming: Legal Balance for Gestor and Dominus Panjaitan, Wijaya Natalia Zaakwarneming; Legal Balance; Gestor; Dominus. Introduction: Zaakwarneming refers to the voluntary managing of another person's matters without a formal agreement, namely the gestor acting in the interest of the dominus. This research discusses how the zaakwarneming principle creates a balance between the dominus and the gestor by utilizing the authority granted in Article 1354 of the Civil Code. It analyzes the application of this principle in various legal situations and assesses its impact on the responsibilities and rights of both parties.Purposes of the Research: The purpose of this study is to analyze the legal Balance for gestor and dominus in zaakwarneming.Methods of the Research: The type of research used is Normative Juridical with the type of library research.Findings of the Research: The analysis results show that the regulation of zaakwarneming should provide a fair and effective legal basis and provide a balanced arrangement for the gestor and dominus. Faculty of Law, Universitas Pattimura 2025-02-28 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/2816 10.47268/tatohi.v4i12.2816 TATOHI: Jurnal Ilmu Hukum; Volume 4 Issue 12, February 2025; 916 - 921 2775-619X 10.47268/tatohi.v4i12 eng https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/2816/pdf Copyright (c) 2025 Wijaya Natalia Panjaitan http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/2785 2025-03-04T00:10:35Z tatohi:ART driver

The Concept of Countering Material Law (Materiele Wederrechtelijk) And Its Relevance To The Natural Law Stream Muammar, Muammar Against Material Law; Natural Law Streams; Lex Naturalis. Introduction: The development of the concept of unlawfulness (wederrechtelijk) is interesting to accentuate, because unlawful is not only limited to unlawful in the formal sense, but also includes unlawful material law (materiele wederrechtelijk) which has abstract content, because unlawful material law can be interpreted even though the act does not violate the rules of criminal law.Purposes of the Research:  This paper aims to analyze how the relevance of the concept against material law (materiele wederrechtelijk) with the natural law stream that is in line and has an identity between the two.Methods of the Research: This paper uses a type of normative legal research. The approaches used in this paper are the conceptual approach, the theoretical approach, and the philosophical approach.Findings of the Research: The concept of material law is interpreted as not only violating the applicable legal rules. However, this is because an act is considered "against the law" from its origin. This means that the common sense of the community views the act as reprehensible, evil, and immoral. Violating material law is not always interpreted as violating written rules, it can be that the act is not written, but it is considered unlawful (against the law). In that position, the natural law stream became the foothold for the establishment of the concept against material law. Because the natural law school that builds its main thesis on lex naturalist always makes the principles of truth and justice the main benchmark in determining actions between good and bad, evil and not evil, and morals and immorality. Faculty of Law, Universitas Pattimura 2025-02-28 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/2785 10.47268/tatohi.v4i12.2785 TATOHI: Jurnal Ilmu Hukum; Volume 4 Issue 12, February 2025; 905 - 915 2775-619X 10.47268/tatohi.v4i12 eng https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/2785/pdf Copyright (c) 2025 Muammar Muammar http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/2844 2025-02-11T04:23:40Z tatohi:ART driver

Legal Protection of Billing Agency Workers Radjawane, Jemy Marvel Tjiptabudy, Jantje Kuahaty, Sarah Selfina Legal Protection; Collection Agency; Debt Collectors. Introduction: Humans as social creatures need help from other humans in living their daily lives. Because, there are things that humans cannot do without the help of other people. Apart from this, humans in their lives also have 3 (three) basic needs, namely: primary, secondary and tertiary needs. Facing these needs, both humans and companies always want to fulfill them all because they basically want to live a decent life and always have enough. To be able to meet these needs, what often happens is that people and companies do not buy goods in cash but rather in installments or on credit.Purposes of the Research:  Can a collection agency be said to be an employee? and what is the form of legal protection for collection agencies that take motor vehicles that are objects of credit guarantee.Methods of the Research: The research method used is a normative or literature legal research method.Results of the Research: The legal relationship between the debt collector and the debtor, namely the Billing Agency in doing its work acts as a lessor based on a power of attorney. The legal basis for the Billing Agency in carrying out its duties is carried out based on the granting of power of attorney from the lessor to the Billing Agency as stipulated in Article 1792 and Article 1795 of the Civil Code regarding special power of attorney. Faculty of Law, Universitas Pattimura 2025-01-31 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/2844 10.47268/tatohi.v4i11.2844 TATOHI: Jurnal Ilmu Hukum; Volume 4 Issue 11, January 2025; 897-904 2775-619X 10.47268/tatohi.v4i11 eng https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/2844/pdf Copyright (c) 2025 Jemy Marvel Radjawane, Jantje Tjiptabudy, Sarah Selfina Kuahaty http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/2843 2025-02-11T04:23:40Z tatohi:ART driver

Criminal Law Policy in Efforts to Combat the Illegal Distribution of Hard Drugs Without a Doctor's Prescription Kabanga, Yoshua Andres Sopacua, Margie Gladies Saimima, Judy Marria Criminal Law Policy; Countermeasures; Illegal Distribution of Prescription Drugs. Introduction: Nowadays, there are many irregularities related to the Health Act. The urgency of problem solving arising from medication errors is very great because one type of medication error, namely administration error, ranks first compared to other types of medication errors. With the percentage of administration errors amounting to 81.32% of errors related to medical administration that occur in Indonesia.Purposes of the Research:  To understand and explain the juridical responsibility that must be imposed on the perpetrators of selling prescription drugs without a doctor's prescription through online buying and selling sites.Methods of the Research: Research methods are used to find and process data in accordance with the research objectives and solve the problems posed by researchers.Results of the Research: The results showed that: (1). In Law Number 17 of 2023 concerning Health (hereinafter referred to as the Health Law) there are offenses that can be imposed on the perpetrator, these offenses are listed in Article 435 & Article 436. Article 435 states that every violation of medication error will be sentenced to imprisonment for a maximum of 12 (twelve) years or a maximum fine of Rp5,000,000,000.00 (five billion rupiah). Meanwhile, a person who does not have the expertise in the field of pharmacy in accordance with the provisions of the Law but continues to distribute pharmaceutical preparations will be subject to the offense in article 436 with a maximum imprisonment of 5 (five) years or a maximum fine of Rp. 500,000,000.00 (five hundred million rupiah).” Countermeasures against prescription drugs without a doctor's prescription can basically be dealt with by article 435 and article 436 of the Health Law, and there is a lot of evidence of the existence of these two articles that apply to offline prescriptions drug dealers.  (2). Countermeasures against the distribution of prescription drugs through online buying and selling sites are still somewhat ambiguous because there is no law that specifically regulates the countermeasures of prescription drugs online, which causes a legal vacuum in countermeasures against the distribution of prescription drugs online. Therefore, elaboration, and hard work from every law enforcement officer is needed to tackle the problem. Faculty of Law, Universitas Pattimura 2025-01-31 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/2843 10.47268/tatohi.v4i11.2843 TATOHI: Jurnal Ilmu Hukum; Volume 4 Issue 11, January 2025; 886-896 2775-619X 10.47268/tatohi.v4i11 eng https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/2843/pdf Copyright (c) 2025 Yoshua Andres Kabanga, Margie Gladies Sopacua, Judy Marria Saimima http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/2842 2025-02-11T04:23:40Z tatohi:ART driver

Legal Protection for Salak Riring as a Geographical Indication Raihan, Muhammad Berlianty, Teng Soplanit, Miracle Legal Protection; Geographical Indication; Economic Impact. Introduction: Registration of geographical indication protection of Salak Riring in West Seram Regency will popularize the area as a producer of quality salak fruit, increase sales, and contribute to local economic growth. This protection also provides legal certainty for producers, protecting the product from counterfeiting and misuse. Salak Riring, also known as Salak Merah, has been recognized as a superior commodity of West Seram Regency, Salak Merah received an award in the form of a Certificate from the Minister of Agriculture of the Republic of Indonesia Number 454/KPTS/PD.210/9/2003, and was designated as a national superior variety due to its distinctive botanical characteristics and high economic value.Purposes of the Research:  The purpose is to examine and explain the legal protection of Salak Riring as a geographical indication.Methods of the Research: The research method used is normative juridical, which examines legal materials such as laws and regulations, legal theories, and opinions of scholars in order to solve the problems studied.Results of the Research: The results of this study show that the legal protection of Salak Riring as a geographical indication has a significant economic impact on the people of Riring Village in West Seram. The registration of Salak Riring provides legal protection and certainty to the community in production and marketing, and protects against counterfeiting or misuse. Salak Riring as one of the geographical indication products with special characteristics, makes legal protection a must to maintain the sustainability of quality production and sales. Faculty of Law, Universitas Pattimura 2025-01-31 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/2842 10.47268/tatohi.v4i11.2842 TATOHI: Jurnal Ilmu Hukum; Volume 4 Issue 11, January 2025; 879-885 2775-619X 10.47268/tatohi.v4i11 eng https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/2842/pdf Copyright (c) 2025 Muhammad Raihan, Teng Berlianty, Miracle Soplanit http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/2841 2025-02-11T04:23:40Z tatohi:ART driver

International Legal Aspects of Whale Hunting by Indigenous Legal Communities Tahalea, Rensy Elma Tahalea Daties, Dyah Ridhul Airin Riry, Welly Angela International Law; Whaling; Indigenous People. Introduction: Greenland in Denmark, Siberia in Russia, Bequia in the island nation of Saint Vincent and the Grenadines, Alaska in the United States, Canada and the Faroe Islands located in the North Atlantic Ocean are some of the countries that still practice traditional whaling. Unlike Japan, which conducts commercial whaling and uses modern tools. Indonesia is a country that recognizes indigenous peoples and their customary law in the constitution. The Leva Nuang tradition or Lewa tradition is a tradition of the Lamalera people in East Nusa Tenggara Province in carrying out whaling in a traditional way for their own needs. Whales themselves are protected animals in the Convention on International Trade In Endangerad Species of Wild Fauna and Flora (CITES 1973).Purposes of the Research:  The issue discussed in this paper is how international legal instruments regulate whaling and how international law protects the right of indigenous peoples to carry out whaling traditions.Methods of the Research: The research method used is normative juridical, using a concept approach, a statutory approach and a case approach. The sources of legal materials used are primary, secondary, and tertiary legal materials. Analysis of such legal materials uses qualitative analysis techniques.Results of the Research: The results showed that the Convention on International Trade In Endangerad Species of Wild Fauna and Flora (CITES 1973) regulates protected animals, one of which is whales. There is also an international legal instrument governing whaling, the International Convention for the Regulation of Whaling (ICRW 1946). The Government of Indonesia ratified CITES 1973 on December 15, 1978 through Presidential Decree Number 43 of 1978. However, the 1946 ICRW Convention and ILO Convention 169 on Indigenous Peoples have not been ratified by the Indonesian government. Nevertheless, the Indonesian government recognizes and protects the rights of indigenous peoples, including the Leva Nuang tradition or Lewa tradition. Faculty of Law, Universitas Pattimura 2025-01-31 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/2841 10.47268/tatohi.v4i11.2841 TATOHI: Jurnal Ilmu Hukum; Volume 4 Issue 11, January 2025; 871-878 2775-619X 10.47268/tatohi.v4i11 eng https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/2841/pdf Copyright (c) 2025 Rensy Elma Tahalea Tahalea, Dyah Ridhul Airin Daties, Welly Angela Riry http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/2830 2025-02-11T04:23:39Z tatohi:ART driver

Factors Causing Reform of Marriage Law in the Islamic World Sinulingga, Ahmad Yasir Ananda, Faisar Irwansyah, Irwansyah Legal Protection; Traditional Knowledge; Sui Generis. Introduction: The reform of Islamic marriage law is fundamentally influenced by many factors.Purposes of the Research: This paper aims to find out what factors caused the reform of marriage law in the Islamic world, and what the wisdom of the reform of marriage law is for the Muslim community.Methods of the Research: This research employs the library study approach (library research). Primary sources of information are derived from publications pertaining to the discourse on the reform of marriage law in the Islamic world.Results of the Research: The results of the study show that there are many things that become factors causing the reform of the marriage law, but the main factor is the development of the times in terms of socio-cultural changes so that new problems arise that need new laws in response to this. While the wisdom of the renewal of the marriage law is to keep the teachings of Islam in the family field still accepted by modern society. Faculty of Law, Universitas Pattimura 2025-01-31 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/2830 10.47268/tatohi.v4i11.2830 TATOHI: Jurnal Ilmu Hukum; Volume 4 Issue 11, January 2025; 864-870 2775-619X 10.47268/tatohi.v4i11 eng https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/2830/pdf Copyright (c) 2025 Ahmad Yasir Sinulingga, Faisar Ananda, Irwansyah http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/2794 2025-02-11T04:23:39Z tatohi:ART driver

Drive-Thru Service System for Motor Vehicle Tax Collection and Its Impact on Taxpayers Amalia, Mia Lestari, Adinda Dwi Zahra, Dina Islami Syahidah, Fatiya Khairunnisa, Halyza Jenab, Siti Tax Collection System; Vehicle Tax; Drive-Thru. Introduction: Taxes are mandatory contributions by the state to individuals or legal entities, which are coercive and regulated by laws and regulations. This contribution is not accompanied by direct rewards, but is used for state needs in order to advance the welfare of the people as a whole.Purposes of the Research: This study aims to analyze how the Drive-Thru service system affects the level of taxpayer compliance in paying motor vehicle taxes and also to find out how community satisfaction in services and taxpayer compliance by using the Drive-Thru system for tax collection.Methods of the Research: This research method uses a qualitative method with a normative juridical approach, by using relevant laws and regulations, as well as legal doctrines related to the legal issues being studied.Results of the Research: The results showed that the implementation of the Samsat Drive-Thru system has a positive and significant effect on taxpayer compliance, where ease of access and time efficiency are key factors that increase public interest in paying vehicle taxes. Apart from that, this study also found that the importance of taxpayer awareness, tax knowledge, and tax sanctions as part of influencing compliance in paying taxes. Thus, innovations in tax service systems such as Samsat Drive-Thru can contribute to increased local revenue through better tax compliance. Faculty of Law, Universitas Pattimura 2025-01-31 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/2794 10.47268/tatohi.v4i11.2794 TATOHI: Jurnal Ilmu Hukum; Volume 4 Issue 11, January 2025; 855-863 2775-619X 10.47268/tatohi.v4i11 eng https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/2794/pdf Copyright (c) 2025 Mia Amalia, Adinda Dwi Lestari, Dina Islami Zahra, Fatiya Syahidah, Halyza Khairunnisa, Siti Jenab http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/2790 2025-01-02T08:25:50Z tatohi:HTN driver

Penerapan Pajak Progresif Kendaraan Bermotor Terhadap Tingkat Kepemilikan Kendaraan Pribadi Dan Tingkat Kemacetan Lalu Lintas Di Indonesia Amalia, Mia Safira, Sahla Nazma Irawati, Irawati Ghanimah, Ghanimah Mulyadi, Regina Putri Sri Hodijah, Siti Nur Motor Vehicles; Traffic Congestion; Progressive Tax. Introduction: Indonesia has experienced a dramatic surge in the number of motorized vehicles.Purposes of the Research: This study aims to analyze the impact of the implementation of progressive tax on motor vehicles on the level of private vehicle ownership and traffic congestion in Indonesia.Methods of the Research: The methodology employed is qualitative research with a normative juridical approach, resulting in descriptive data regarding the effects of progressive tax policies.Results of the Research: The findings indicate that the implementation of progressive tax in Indonesia has the potential to reduce the number of private vehicles by imposing higher rates on individuals who own more than one vehicle. Although there is a decline in the ownership of second and subsequent vehicles, challenges in socialization and public understanding remain significant obstacles. Additionally, positive impacts on traffic congestion have been observed in several regions, although this is contingent upon the development of adequate public transportation infrastructure. The study concludes that the success of progressive tax in addressing congestion and environmental pollution requires effective implementation, public support, and the development of sustainable transportation alternatives. Therefore, a holistic and integrated approach is essential to ensure maximum benefits from this policy for society and the environment Faculty of Law, Universitas Pattimura 2024-12-31 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/2790 10.47268/tatohi.v4i10.2790 TATOHI: Jurnal Ilmu Hukum; Vol 4, No 10 (2024): Volume 4 Nomor 10, Desember 2024; 843 – 854 2775-619X 10.47268/tatohi.v4i10 eng https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/2790/pdf Copyright (c) 2024 Mia Amalia, Sahla Nazma Safira, Irawati, Ghanimah, Regina Putri Sri Mulyadi, Siti Nur Hodijah http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/2799 2025-01-02T08:25:51Z tatohi:HPER driver

Wasiat Wajibah Bagi Ahli Waris Yang Bukan Beragama Islam Soulisa, Mohammad Ibrahim Sidik Akyuwen, Rory Jeff Latupono, Barzah Mandatory Wills; Heirs; Not Muslim Introduction: Compulsory will is defined as an action taken by a ruler or judge as a state official to compel or give a mandatory will decision for a person who has died, which is given to certain people under certain circumstances.Purposes of the Research: The purpose of this research is to find out and explain how the legal provisions for mandatory wills are regulated in Islamic law, to analyze and discuss the legal consequences of granting a mandatory will for heirs who are not Muslim.Methods of the Research: The type of research used is normative juridical research or library law research, with the type of research being analytical descriptive, the data obtained from normative juridical research is then analyzed and drawn. Using three approaches, namely the Legislative Approach, Case Approach, and Conceptual Approach.Results of the Research: Based on the results of the research carried out, the answer obtained is that there is a legal vacuum regarding the regulation of Wajibah Wills for heirs of different religions in the Compilation of Islamic Law which is used as a legal loophole, then it is necessary to immediately update the Compilation of Islamic Law which will later contain further regulations regarding prohibitions on giving Wajibah will for heirs of different religions so that unity and legal certainty in Islamic inheritance can be realized. Granting a Wajibah Will for Muslim heirs is still possible because it is based on a sense of justice and due to the same religion as the heir, but Wajibah Wills for non-Muslim heirs should not be granted because based on the interpretation of Article 171 letter (c) Compilation of Islamic Law, differences Religion has become an agreement among the ulama to be an obstacle to inheritance. So the concept of a Wajibah Will which takes 1/3 of the inheritance cannot be applied to non-Muslims because they do not have the right to receive an absolute share of the inheritance. Faculty of Law, Universitas Pattimura Fakultas Hukum Universitas Pattimura, Ambon 2024-12-31 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/2799 10.47268/tatohi.v4i10.2799 TATOHI: Jurnal Ilmu Hukum; Vol 4, No 10 (2024): Volume 4 Nomor 10, Desember 2024; 834 – 842 2775-619X 10.47268/tatohi.v4i10 eng https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/2799/pdf Copyright (c) 2024 Mohammad Ibrahim Sidik Soulisa, Rory Jeff Akyuwen, Barzah Latupono http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/2791 2025-01-02T08:25:50Z tatohi:HPER driver

Pertanggungjawaban Afiliator Atas Kerugian Customer Social Commerce Tahalea, Hensly Daniel Haliwela, Nancy Silvana Labetubun, Muchtar Anshary Hamid Legal Liability; Affiliate; Social Commerce. The development of the times has made the internet not only a tool for communication but also a place for those who want to do business online. In accordance with Article 15, Paragraph (1) of the ITE Law, there are specific regulations regarding the electronic system organization, so everything related to the internet world must be carried out in accordance with this article. The electronic system organization must be conducted based on the contents of Article 15, Paragraph (1) of the ITE Law to avoid unlawful acts, which are regulated in Article 1365 of the Civil Code. Social commerce is a new development where sellers and consumers are connected through online social media. Social commerce has now become the answer for those who want to earn extra income with a side job that does not take much time, known as an affiliate. An affiliate is someone who works by promoting goods from sellers or sales. Regarding affiliates, there is a case where an affiliate with the initials IN experienced steroid poisoning from a product that he had already promoted. The legal research method used is normative juridical, which is carried out by studying legal principles and concepts, as well as legislation. The legal research method used refers to primary, secondary, and tertiary legal materials, with legislative and conceptual approaches. The research results show that there is a working relationship between the affiliate and the seller. Regarding trading activities through social commerce, an affiliate has the primary responsibility to ensure that the information provided to customers in marketing the products sold is clear and that the product conditions comply with Law No. 8 of 2008. The goal is to avoid legal risks or losses for customers. The affiliate’s liability in terms of compensating for losses depends on the content of the agreement between the affiliate and the product owner. Based on the affiliate’s liability, this liability can be classified as fault-based liability. Legal protection can be carried out by applying relevant laws and regulations as a preventive measure to ensure safety and legal compliance Faculty of Law, Universitas Pattimura 2024-12-31 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/2791 10.47268/tatohi.v4i10.2791 TATOHI: Jurnal Ilmu Hukum; Vol 4, No 10 (2024): Volume 4 Nomor 10, Desember 2024; 825 – 833 2775-619X 10.47268/tatohi.v4i10 eng https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/2791/pdf Copyright (c) 2024 Hensly Daniel Tahalea, Nancy Silvana Haliwela, Muchtar Anshary Hamid Labetubun http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/2779 2025-01-02T08:25:49Z tatohi:HPID

Pertimbangan Hakim dalam Menjatuhkan Hukuman Ringan pada Kasus Perjudian (Studi Putusan Nomor 65 /PID.B/2013 /PN.LBJ) Samara, Finsensius Rabawati, Dwityas Witarti Kelen, Rosalia Martha Jawa Umar, Sonya Prisilia Bukifan, Francisco Tolentino Bukifan Oelue, Jeremias Gambling; Judicial Considerations; Legal Certainty; Justice. Introduction: In 2024, Indonesia remains among the ten Asian countries with the lowest income. PPATK data reveals that 2.2 million low-income Indonesians are gamblers, threatening the vision of Indonesia Emas 2045. Gambling, categorized as a crime under Articles 303 of the Indonesian Criminal Code (KUHP), causes significant losses.Purposes of the Research: The objective of this research is to analyze the judge's considerations in giving light sentences in gambling cases, specifically those involving the offering of gambling games, using Decision Number 65/PID.B/2013/PN.LBJ as a case study.Methods of the Research: This research employs a normative legal research method with an analytical approach. The analysis is conducted on legal norms, court decisions, and related literature to understand the judge's considerations in the case.Results of the Research: The findings show that although the defendant fulfilled the elements of Article 303 of the KUHP, the judge considered mitigating circumstances, such as the defendant's age, pregnancy, respectful demeanor in court, admission of guilt, and remorse. The judge balanced legal certainty with justice and utility, demonstrating an educative and preventive approach in sentencing Faculty of Law, Universitas Pattimura 2024-12-31 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/2779 10.47268/tatohi.v4i10.2779 TATOHI: Jurnal Ilmu Hukum; Vol 4, No 10 (2024): Volume 4 Nomor 10, Desember 2024; 814 – 824 2775-619X 10.47268/tatohi.v4i10 en Copyright (c) 2024 Finsensius Samara, Dwityas Witarti Rabawati, Rosalia Martha Jawa Kelen, Sonya Prisilia Umar, Francisco Tolentino Bukifan, Jeremias Oelue http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/2581 2025-01-02T08:25:49Z tatohi:HPID driver

Kebijakan Penegakan Hukum Tindak Pidana Terhadap Pencucian Uang (Money Laundering) Di Indonesia Shiva, Khadizah Aliyah Putry, Salsabila Afifany Susanta Hosnah, Asmak UI Criminal Law Enforcement; Crime; Money Laundering. Introductioan: Law enforcement against money laundering in Indonesia is a major challenge, given the complexity of cases, linkages with other crimes, and efforts by perpetrators to hide the proceeds of crime. Effective policies are needed to ensure the integrity of the financial system, prevent state losses, and strengthen coordination between law enforcement agencies.Purposes of the Research: The purpose of this article is to analyze the effectiveness of policies, obstacles to law enforcement, and provide recommendations to strengthen the handling of money laundering in Indonesia.Methods of the Research: Using normative legal research methods by using the main focus on laws and regulations such as Law No. 8 of 2010.Results of the Research: The results show that Law Number 8 Year 2010 provides a strong legal basis for the prevention and eradication of money laundering in Indonesia. The existence of institutions such as PPATK is a key factor in detecting and reporting suspicious transactions. However, the effective implementation of this law is often constrained by weak coordination between law enforcement agencies, lack of technical understanding of money laundering cases, and limited human resources and technology. In addition, tracing assets hidden overseas remains a major challenge, despite international cooperation efforts. Faculty of Law, Universitas Pattimura 2024-12-31 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/2581 10.47268/tatohi.v4i10.2581 TATOHI: Jurnal Ilmu Hukum; Vol 4, No 10 (2024): Volume 4 Nomor 10, Desember 2024; 803 – 813 2775-619X 10.47268/tatohi.v4i10 eng https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/2581/pdf Copyright (c) 2024 Khadizah Aliyah Shiva, Salsabila Afifany Susanta Putry, Asmak UI Hosnah http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/2796 2025-01-02T08:25:50Z tatohi:HI driver

Rekrutmen Private Military Contractors Yang Dilakukan Negara Dibolehkan Dalam Hukum Internasional Yusuf, Rifadli Mahram Wattimena, Josina Augustina Yvonne Tahamata, Lucia Charlota Octovina State Responsibility; Private Military Contractors; Blackwater USA Introduction: Private Military Contractors (PMC) are former military personnel employed by private military companies or what are known as Private Military Companies/Private Military Contractors (PMC). The widespread use of military contractors in armed conflicts such as the one in Iraq has raised problems in international law, especially international humanitarian law related to the use of military contractors. The involvement of its members in armed conflicts often results in unclear status in International Humanitarian Law, with many assuming that PMCs are the same as paid soldiers.Purposes of the Research: The aim of the research is to determine the legal status of PMSCs in the invasion of Iraq by the United States (US) based on applicable international law and to analyze the responsibility of the United States (US) as the party that used PMCs in the invasion of Iraq which has caused many problems for Iraq.Methods of the Research: The research method used is normative juridical using a case approach, conceptual approach and statutory approach.Results of the Research: The results of this research show that the legal status of mercenaries is legally recognized in accordance with the 1949 Geneva Convention and confirmed in Additional Protocol 1 of 1977 Article 47 paragraph (1) that: "A mercenary is not entitled to the status of a combatant or prisoner of war" and Sanctions which can be applied in violations of International Law, namely, Complaint, Reprisal, and Payment of Compensation or Compensation. Faculty of Law, Universitas Pattimura Fakultas Hukum Universitas Pattimura, Ambon, Indonesi 2024-12-31 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/2796 10.47268/tatohi.v4i10.2796 TATOHI: Jurnal Ilmu Hukum; Vol 4, No 10 (2024): Volume 4 Nomor 10, Desember 2024; 789 – 802 2775-619X 10.47268/tatohi.v4i10 eng https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/2796/pdf Copyright (c) 2024 Rifadli Mahram Yusuf, Josina Augustina Yvonne Wattimena, Lucia Charlota Octovina Tahamata http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/2497 2024-11-15T05:22:21Z tatohi:HTN driver

Penegakan Hukum Administrasi Terhadap Pengusaha Yang Tidak Membayar Upah Pekerja Yang Diskorsing Pada Proses Pemutusan Hubungan Kerja Dalam Penyelesaian Perselisihan Hubungan Industrial Londa, Claria J Pietersz, Jemmy Jefry Soplantila, Ronny Control; Skorsing; Administrative Sanction. Introduction: Employers can take action to suspend workers/laborers who are in the process of being laid off by continuing to pay wages and other rights that workers/laborers usually receive.Purposes of the Research: To analyze the absence of supervision and the imposition of administrative sanctions, triggering the non-compliance of employers related to the obligation to pay workers' wages while suspended.Methods of the Research: The method used to analyze and discuss this problem is Normative Juridical. The problem studied in this research is regarding the government's authority to supervise and provide administrative sanctions to employers who do not pay wages for suspended workers.Results of the Research: The research results show that the government has the authority to carry out supervision and provide administrative sanctions to employers who do not pay the wages of suspended workers based on data from the Manpower Service and the results of supervision carried out by labor inspectors. Faculty of Law, Universitas Pattimura Universitas Pattimura 2024-11-15 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/2497 10.47268/tatohi.v4i9.2497 TATOHI: Jurnal Ilmu Hukum; Vol 4, No 9 (2024): Volume 4 Nomor 9, November 2024; 774 – 788 2775-619X 10.47268/tatohi.v4i9 eng https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/2497/pdf Copyright (c) 2024 Claria J Londa, Jemmy Jefry Pietersz, Ronny Soplantila https://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/2496 2024-11-15T05:22:21Z tatohi:HPID driver

Kekerasan Fisik Yang Dilakukan Oleh Anggota Polri Terhadap Masyarakat Siahaya, Josua Valen Lewerissa, Yanti Amelia Patty, Jetty Martje Violence; Police Members; Community Introduction: The National Police is a public security protection agency, but now many individuals are caught committing acts that disrupt security and even persecute the community. The existence of these violations adds to the long blacklist of increased violations of discipline and code of ethics committed by members of the National Police.Purposes of the Research: To analyze physical violence committed by members of the National Police against the community, this is because the police is a subsystem that is directly related to the perpetrators of crimes and the community, so that the duties and responsibilities of the police can be said to be greater than other subsystems.Methods of the Research: The method used to analyze and discuss this problem is Normative Juridical.Results of the Research: Increased police commitment to better protection and promotion of human rights at the national level. This was realized by the birth of Law No. 39 of 1999 concerning Human Rights. As stipulated in international human rights law and standards, the police have rights, but there are also limits to the powers of the police. However, different from the expected reality, the presence of the police in the midst of the community has caused a scourge for the community. There is police behavior that deviates from the expected professional ethics and there are also those that make the community miserable, such as pungli, arrogant and violent behavior. This causes a fall in public trust in the police Regardless of whether the actions of the National Police are true or not, in the institution of the National Police if there are irregularities, violations of the law and abuse of authority, then members of the National Police will be processed based on the applicable rules. Faculty of Law, Universitas Pattimura Universitas Pattimura 2024-11-15 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/2496 10.47268/tatohi.v4i9.2496 TATOHI: Jurnal Ilmu Hukum; Vol 4, No 9 (2024): Volume 4 Nomor 9, November 2024; 765 – 773 2775-619X 10.47268/tatohi.v4i9 eng https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/2496/pdf Copyright (c) 2024 Josua Valen Siahaya, Yanti Amelia Lewerissa, Jetty Martje Patty https://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/2495 2024-11-15T05:22:21Z tatohi:HPID driver

Pertanggungjawaban Pidana dan Penanggulangan Tindak Pidana Pencabulan terhadap anak Samai, Butria Toule, Elsa Rina Maya Hattu, Jacob Criminal Liability; Crime Countermeasures; Child molestation Introduction: This study discusses the legal regulation of the crime of molestation of children and the criminal liability of the perpetrators of the crime of molestation against children in the case.Purposes of the Research: To analyze and discuss legal regulations regarding criminal acts of molestation against children and explain criminal responsibility for perpetrators of criminal acts of molestation against children in Halong Baru, Baguala District, Ambon City.Methods of the Research: The research method used is normative juridical research. This research uses three problem approaches, namely the statutory approach, the conceptual approach and the case approach. The data sources obtained are primary legal materials and secondary legal materials. The technique for collecting legal materials uses the literature study method. All data in this study were analyzed qualitatively.Results of the Research: The results of this research show that, criminal responsibility for perpetrators of criminal acts of sexual abuse against children is a further consequence that must be accepted or borne by the defendant. During the trial process, the defendant was in good physical and mental health and no reason was found to erase the crime, in this case either a justifying reason or a forgiving reason, so that the defendant was able to take responsibility for the actions he committed. The efforts made to overcome acts of sexual abuse against children are carried out with preventive and repressive efforts by law enforcement and other institutions. Faculty of Law, Universitas Pattimura Universitas Pattimura 2024-11-15 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/2495 10.47268/tatohi.v4i9.2495 TATOHI: Jurnal Ilmu Hukum; Vol 4, No 9 (2024): Volume 4 Nomor 9, November 2024; 757 – 764 2775-619X 10.47268/tatohi.v4i9 eng https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/2495/pdf Copyright (c) 2024 Butria Samai, Elsa Rina Maya Toule, Jacob Hattu https://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/2494 2024-11-15T05:22:21Z tatohi:HPER driver

Penggunaan Perjanjian Tidak Tertulis Dalam Hubungan Kegiatan Bisnis La Madi, Yuliana Kuahaty, Sarah Selfina Pariela, Marselo Valentino Geovani Covenant; Unwritten; Business Introduction: Article 1320 of the Civil Code, there is no provision requiring a written agreement as a condition for the validity of the agreement, in other words, oral agreements still have legal validity. Based on the concept of pacta sunt servanda which mandates that agreements must be obeyed. It can be seen in the case of compensation for fees for the ADB IPA procurement project between H. Mubin Raja Dewa as the plaintiff and Karlan A. Manessa in Palu City, various methods were used by the plaintiff to resolve the problem but the defendant did not show good faith.Purposes of the Research: As a result, the plaintiff filed a lawsuit demanding an unconditional refund. To find out and explain the legal consequences of using unwritten agreements in business relationships and to find out the form of responsibility of the parties for losses incurred as a result of the use of unwritten agreements in business relationships.Methods of the Research: The legal research method used for this research is based on primary, secondary and tertiary legal materials, and uses a statutory approach, a conceptual approach and a case approach.Results of the Research: The research results in this case, there are three forms of legal consequences, namely the emergence of a legal situation through an event which is alleged to be a legal act, the emergence of a legal relationship between two or more people and a legal entity, thirdly the emergence of sanctions if there is an action that is contrary to the law and based on the action. what has been done by Karlan A. Manessa must take individual responsibility for the violations he himself committed by paying compensation for the plaintiff's losses Faculty of Law, Universitas Pattimura Universitas Pattimura 2024-11-15 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/2494 10.47268/tatohi.v4i9.2494 TATOHI: Jurnal Ilmu Hukum; Vol 4, No 9 (2024): Volume 4 Nomor 9, November 2024; 745 – 756 2775-619X 10.47268/tatohi.v4i9 eng https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/2494/pdf Copyright (c) 2024 Yuliana La Madi, Sarah Selfina Kuahaty, Marselo Valentino Geovani Pariela https://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/2493 2024-11-15T05:22:20Z tatohi:HPER driver

Tanggung Jawab Pelaku UMKM Sebagai Merchant Dalam E-commerce Tuhumena, Since Narwadan, Theresia Nolda Agnes Fataruba, Sabri E-commerce; MSMEs; Consumer Introduction: The dynamics of globalization and technological advances have changed the business world significantly, especially with rapid developments in the field of electronic commerce (e-commerce). Significant growth in this field is expected to make a positive contribution to the development of Micro, Small and Medium Enterprises (MSMEs) by expanding market access.Purposes of the Research: To find out and analyze the responsibilities of MSME actors as merchants in e-commerce.Methods of the Research: The legal research method used in studying this problem is normative juridical, which is based on primary, secondary and tertiary legal materials, and uses a statutory approach and a conceptual approach.Results of the Research: The results of this research show that quite a few business actors do not fulfill their obligations, namely being responsible for fulfilling consumer rights. The form of consumer rights that is violated by business actors in a food product for consumption by consumers is stated in Article 4 point (3) regarding the provision of correct and clear information about a product, goods and/or services. Therefore, business actors are obliged to follow food production standards and maintain product quality in order to meet consumer needs and satisfaction. To protect consumers from business actors whose rights are not fulfilled, the Consumer Protection Law provides protection to consumers in two forms, namely preventatively and repressively. By using strict liability, the application of absolute responsibility solves problems faced by consumers without the need to prove fault, so that consumer rights based on this responsibility can provide legal protection Faculty of Law, Universitas Pattimura Universitas Pattimura 2024-11-15 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/2493 10.47268/tatohi.v4i9.2493 TATOHI: Jurnal Ilmu Hukum; Vol 4, No 9 (2024): Volume 4 Nomor 9, November 2024; 735 – 744 2775-619X 10.47268/tatohi.v4i9 eng https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/2493/pdf Copyright (c) 2024 Since Tuhumena, Theresia Nolda Agnes Narwadan, Sabri Fataruba https://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/2492 2024-11-15T05:22:20Z tatohi:HPER driver

Akibat Hukum Terhadap Pendaftaran Merek Produk Barang Yang Memiliki Persamaan Pada Pokoknya Siolimbona, Sandra Haliwela, Nancy Silvana Labetubun, Muchtar Anshary Hamid Legal Effects; Trademark Registration; Similarities in Principal Introduction: Trademarks or names are marks used by companies or businesses on the products they trade because Trademarks are used as identifiers. As stipulated in Law No. 20 Year 2016 on Trademarks and Geographical Indications in Article 1 paragraph (1). Trademarks also cannot be registered when they have elements of similarity in the trademark as stipulated in Article 20-21 of the Trademark and Geographical Indications Law. However, this is contrary to the incident in the chocolate product brands Chacha Delfi and Chacha Lokal, where Chacha Delfi tried to apply for registration at the Directorate General of IPR and KEMENKUMHAM but was rejected because the Chacha Delfi brand has an element of similarity in its principal to the Cha-Cha Lokal product brand, because we know that the Cha-Cha Lokal brand from PT. Mayora who registered the brand first.Purposes of the Research: To know and explain about the procedure of product registration Trademark Chacha Delfi and Cha-Cha Local, which has similarities in essence and know and, analyze the legal consequences of registration of trademarks that have similarities in essen.Methods of the Research: The legal research method used for this research is based on primary, secondary, and tertiary legal materials, and uses a statute approach and conceptual approach and case approach.Results of the Research: The results showed that the Chacha Delfi trademark registration procedure was rejected by the Directorate General of IPR and KEMENKUMHAM, because the trademark did not meet the registration procedures where the trademark has similarities to the pre-existing trademark, namely the local Cha-Cha trademark that has done the trademark registration first. because based on the Trademark Law and PERMENKUMHAM who register first then the trademark will be recognized ownership of the trademark. So that the legal consequences obtained by Chacha Delfi brand is rejected and dismissed to trade products Chacha Delfi brand and subject to sanctions under the Trademark Act and PERMENKUMHAM. Therefore, it is expected that the Directorate General of IPR and KEMENKUMHAM, in order to publish the trademarks that have been registered, so that businesses and other companies can see, so that there is no more Trademark Equation and does not lead to a Trademark Equation dispute. Faculty of Law, Universitas Pattimura Universitas Pattimura 2024-11-15 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/2492 10.47268/tatohi.v4i9.2492 TATOHI: Jurnal Ilmu Hukum; Vol 4, No 9 (2024): Volume 4 Nomor 9, November 2024; 723 – 734 2775-619X 10.47268/tatohi.v4i9 eng https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/2492/pdf Copyright (c) 2024 Sandra Siolimbona, Nancy Silvana Haliwela, Muchtar Anshary Hamid Labetubun https://creativecommons.org/licenses/by-nc/4.0 df5f050b57d968602f8dec29025c1431