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Kedudukan Resolusi Dewan Keamanan PBB Menurut Pasal 25 Piagam PBB Makarawung, Julio Franco Jehovah; Waas, Richard Marsilio; Daties, Dyah Ridhul Airin
Balobe Law Journal Volume 4 Issue 1, April 2024
Publisher : Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/balobe.v4i1.2051

Introductioan: UN Security Council Resolutions in the form of decisions of the UN Security Council relating to the preservation and/or restoration of global peace and security which can be implemented legally, are essentially a valid statement of international law mandated by the goals and principles of the UN as outlined in the UN charter.Purposes of the Research: To analyze and find out about the Position of UN Security Council Resolutions according to Article 25 of the UN Charter. Methods of the Research: Normative legal research or library legal research is a process of finding legal rules, legal principles, and legal doctors to answer legal issues faced.Results of the Research: The decisions of the UN Security Council are based on Article 25 of the Charter, which is truly legally binding, even more so that it can conflict with the principles of international treaty law, namely the principle of Pacta Tertiis Nec Nocent Nec Prosunt because all these decisions can be binding on countries. Countries that are not members of the UN as stated in Article 2 paragraph (6) and Article 49 of the Charter. The position of the UN Security Council Resolution is binding not only on UN member states but also on non-UN member states as stated in Article 2 paragraph (6).

Pertanggungjawaban Terhadap Pelanggaran Penggunaan Bom Cluster Menurut Hukum Humaniter Internasional Hidayat, Rahmat Safril; Anwar, Arman; Waas, Richard Marsilio
TATOHI: Jurnal Ilmu Hukum Vol 3, No 10 (2023): Volume 3 Nomor 10, Desember 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i10.1960

Introduction: Cluster bombs have quite a dangerous effect on civilians and can take lives because when these bombs are launched into the target area they usually do not explode simultaneously, even the explosions can occur at a later date or even when the war is over.Purposes of the Research: This writing aims to examine and find out the forms of violations of the law on the use of cluster bombs in war according to humanitarian law, to study and find out about the accountability for the use of cluster bombs assigned to perpetrators and as one of the requirements for completing studies at the Faculty of Law, Pattimura University.Methods of the Research: The Juridical-Normative research method with the type of doctrinal research is also known as library research or document study because this research is carried out or shown only on written regulations or other legal materials.Results of the Research: The results of the study show that the prohibition of the use of cluster bombs according to International Humanitarian Law has been regulated in the 2008 Convention On Cluster Munitions (CCM), namely each country promises to clean up and destroy, or ensure the cleaning and destruction of, the remains of cluster ammunition located in cluster munitions. Contamination under its jurisdiction or control. And the form of responsibility for the perpetrators is the responsibility of the state, namely the state that violates international agreements. As well as sanctions that can be given for the use of cluster bombs that are given by the United Nations in the form of reducing the degree of diplomatic relations or attacks using armed power by the UN security council, sanctions can also be given based on humanitarian law in particular Additional Protocol I of 1977 and International Humanitarian Law customs in relation to state responsibility in international law, which can be in the form of compensation, in the form of satisfaction given through acknowledgment of actions, expressions of remorse and official apologies by the state relating to the International Criminal Court.

Akibat Hukum Penentuan Nasib Sendiri Menurut Hukum Internasional (Kasus Di Papua Barat) Pollatu, Maretz; Wattimena, Josina Augustina Yvonne; Waas, Richard Marsilio
TATOHI: Jurnal Ilmu Hukum Vol 4, No 7 (2024): Volume 4 Nomor 7, September 2024
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i7.2462

Introduction: Legal independence by contract in international law is a form of self-deception (the right to self-determination), so that self-deception is a right that must also be emphasized more so that countries can follow it. Purposes of the Research: The purpose of this writing is to study and find out the legal consequences according to international law (the case in West Papua).Methods of the Research: This study uses a normative juridical method with the legal materials used in the research being primary, secondary and tertiary and the procedure and analysis of legal materials in the research through the process of collecting legal materials then studied, read, studied, classified, and analyzed qualitatively.Results of the Research: The legal consequences of the problem regarding Benny Wenda's statement are not in accordance with international law so that the legal consequences are faded towards a certain legal situation because the State of Indonesia is a sovereign country through the process of fighting for human rights and state values based on democratic references.

Intervensi China Terhadap Pembukaan Kantor Perwakilan Diplomatik Taiwan Di Negara Lain Pattiwaellapia, Vigor; Peilouw, Johanis Steny Franco; Waas, Richard Marsilio
TATOHI: Jurnal Ilmu Hukum Vol 4, No 4 (2024): Volume 4 Nomor 4, Juni 2024
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i4.2430

Introduction: According to the Montevideo Convention, States must have a government, have defined territories, have diplomatic relations with other countries, and have a permanent population.Purposes of the Research: The purpose of this research was to find out the arrangements for opening a diplomatic representative office in a country and how China's intervention in opening a representative diplomatic office is in accordance with diplomatic law, that Taiwan has a unique position in being to friendly internasional law. Demestically Taiwan has Methods of the Research: The research method used is normative legal research method. The problem approach used is the statutory approach, the conceptual approach. The legal materials used are primary legal materials and secondary legal materials. Procedures and Collection of Legal Materials using the method of inventorying laws and regulations and Processing and Analysis of legal materials using data analysis techniques with deductive logic.Results of the Research: Based on the results of the research, it can be concluded that Taiwan has a unique position in being friendly to international law. Domestically Taiwan has all the qualities of a “formal state” including citizenship, jurisdiction, territoriality, government, and sovereignty. Taiwan is sovereign according to the definition of international law Taiwan is the highest power that is independent from any power in running its government, but Taiwan does not have equal recognition internationally.

Peran Association of South East Asian Nation (ASEAN) dalam Mengatasi Transnational Human Trafficking di Asia Tenggara Pentury, Zachary Ivander; Waas, Richard Marsilio; Daties, Dyah Ridhul Airin
TATOHI: Jurnal Ilmu Hukum Vol 4, No 9 (2024): Volume 4 Nomor 9, November 2024
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i9.2491

Introduction: ASEAN, as a regional organization in Southeast Asia, aims to maintain security and stability in the ASEAN region, including addressing human trafficking.Purposes of the Research: The purpose of this study is to analyze and understand ASEAN's role in handling Transnational Human Trafficking in Southeast Asia.Methods of the Research: This study uses a normative juridical method with primary, secondary, and tertiary legal materials.Results of the Research: The research findings indicate that ASEAN has institutions such as SOMTC and ASEAN-ACT, and legal instruments such as the ASEAN Declaration Against Human Trafficking in Persons, Particularly Women and Children, APA, and ACTIP. Despite the principle of non-intervention, which can be a hindrance in some aspects of addressing human trafficking, ASEAN, through these institutions and mechanisms, has carried out its role and responsibility to maintain the stability of the Southeast Asian region

Tanggungjawab Negara Arab Saudi Dalam Pelanggaran Terhadap Hukum Diplomatik Rutumalessy, Karina Alishe; Wattimena, Josina Augustina Yvonne; Waas, Richard Marsilio
TATOHI: Jurnal Ilmu Hukum Vol 4, No 8 (2024): Volume 4 Nomor 8, Oktober 2024
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i8.2469

Introduction: Countries in the world that live side by side must establish cooperative relations with one another. Relations between these countries require various rules so as to give birth to diplomatic and consular provisions, namely in the Vienna Convention on Diplomatic Relations and the Vienna Convention on Consular Relations. However, it is undeniable that even though it has been regulated in such a way, violations of the provisions of international law cannot be avoided because they are closely related to human relations. For example, the violations committed by Saudi Arabia.Purposes of the Research: This writing aims to find out the violations of Diplomatic Law committed and the form of accountability that must be fulfilled by Saudi ArabiaMethods of the Research: Using Normative Legal Research Type. This type of research will be carried out by examining and analyzing primary and secondary legal sources that are related to the problem being studied using a statute approach, a case approach, and a conceptual approach.Results of the Research: Based on this research, it can be concluded that Saudi Arabia has been proven to have violated diplomatic law by violating various principles that regulate the course of relations between countries and the provisions of the Vienna Convention on Diplomatic Relations and the Vienna Convention on Consular Relations. Thus, based on the provisions of the Responsibility of States for Internationally Wrongful Acts, Saudi Arabia can be held responsible for its mistakes in the form of giving restitution, compensation, or actions that cause satisfaction, for example, a formal apology

Arrangements Concerning Reclamation and Their Legal Impacts in View from UNCLOS 1982 Tuhulele, Popi; Waas, Richard Marsilio; Makatita, Afrizal Anshari
SASI Volume 29 Issue 4, December 2023
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v29i4.1790

Introduction: Continuous development in a country automatically makes the country lack vacant land, and reclamation is one way to overcome this problem. Reclamation in its implementation has not been regulated in detail in the 1982 UNLCOS so it can cause problems in the future, such as what happened in the South China Sea where China carried out reclamation in the Spratly archipelago.Purposes of the Research: To find out and analyze reclamation arrangements in the 1982 UNCLOS and the impact of reclamation laws carried out by countries in terms of the 1982 UNCLOS.Methods of the Research: This study uses a normative juridical research type. By using the statutory approach, case approach, and conceptual approach. Management and analysis of legal material in this study use qualitative analysis.Results of the Research: The results showed that the 1982 UNCLOS did not regulate coastal reclamation, but there were several articles in the 1982 UNCLOS that related to coastal reclamation and could be used as a basis, namely Article 11, Article 12, Article 56, and Article 60. The impact of reclamation for the delimitation of sea areas between countries is that the state will take its own way of understanding and interpreting the contents of the convention for its own benefit, one of which is to carry out reclamation which can lead to delimitation disputes, especially in areas where an agreement on territorial boundaries has not been established as happened in reclamation disputes in the Spratly Islands. in the South China Sea by China.

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