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All Journal Syntax Literate: Jurnal Ilmiah Indonesia MIZAN Altruis: Journal of Community Services Uti Possidetis: Journal of International Law TATOHI: Jurnal Ilmu Hukum Balobe Law Journal SANISA: Jurnal Kreativitas Mahasiswa Hukum PATTIMURA Law Study Review
Leatemia, Wilshen
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Humanities Education Environmental Science Law, Crime, Criminology & Criminal Justice Public Health Social Sciences Other

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Pendidikan Anti Korupsi Bagi Siswa SMA di Kabupaten Maluku Tengah Ubwarin, Erwin; Salamor, Yonna Betrix; Leatemia, Wilshen; Salamor, Anna Maria
Altruis: Journal of Community Services Vol 1, No 2 (2020): Altruis
Publisher : University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/altruis.v1i2.12160

Abstract

Indonesia will get a demographic bonus in 2045 with a hundred years in the country, which means high school students, are people who will be productive and occupy strategic positions in 2045, both in government and non-government fields, what if they life in 2045 is a corrupt generation. Then the aim of this service is to carry out the tri dharma of tertiary institutions and to foster an anti-corruption culture for students. Methods of activities by doing design thinking, and socialization. The results of this dedication, the formation of students who have mental anti-corruption and become agents of reform in high school. The changes that occur are they begin to be ashamed to cheat, do not take things that do not have them, form an honesty canteen.
Problematika Hukum dalam Penanggulangan Illegal Fishing Di Provinsi Kepulauan Maluku Leatemia, Wilshen; Wattimena, Ricky Marthen
Syntax Literate Jurnal Ilmiah Indonesia
Publisher : CV. Ridwan Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (233.928 KB) | DOI: 10.36418/syntax-literate.v6i11.4555

Abstract

Illegal Fishing merupakan masalah yang tidak dapat terselesaikan secara substansial, dilihat intensitas kejadian maupun kerugian yang ditimbulkan. Problem Illegal Fishing terjadi karena penegakan hukum yang lemah, koordinasi antar lembaga penegak hukum, luasnya wilayah laut dan rendahnya hukuman. Kebijakan menenggelamkan kapal illegal fishing, menjadi suatu harapan baru yang mesti dilakukan secara konsisten. Penelitian ini bertujuan untuk mengetahui kebijakan hukum penanggulangan illegal fishing di wilayah perairan Indonesia khususnya di wilayah perairan laut Provinsi Maluku. Metode penelitian yang digunakan adalah metode yuridis normatif, dengan pendekatan perundang-undangan dan pendekatan konseptual.. Hasil penelitian menunjukan bahwa dengan diratifikasinya United Nations Convention on the Law of the Sea 1982, Negara Kesatuan Republik Indonesia memiliki hak untuk melakukan pemanfaatan, konservasi, dan pengelolaan sumber daya ikan di perairan Indonesia, Zona Ekonomi Eksklusif Indonesia dan laut lepas yang dilaksanakan berdasarkan persyaratan atau standar intemasional. Akan tetapi, kondisi ini menimbulkan persoalan baru, terutama banyaknya kapal asing maupun kapal dalam negeri yang secara ilegal beroperasi melakukan penangkapan ikan di wilayah perairan Nusantara, terutama di wilayah laut Provinsi Maluku. Meskipun pemanfaatan wilayah laut di Indonesia telah di atur dalam berbagai ketentuan peraturan perundang-undangan akan tetapi pelaksanaan di lapangan masih terkendala akibat kegiatan illegal fising oleh kapal-kapal asing untuk itu instrumen kebijakan yang dapat di gunakan pemerintah yaitu mengakomodir dalam suatu sistem yang utuh dan komprehensif dengan mengintegrasikan dimensi penegakan hukum yang terkoordinir antar institusi, melibatkan masyarakat hukum adat, dan dilaksanakan dengan orientasi pembangunan kelautan serta mengutamakan pengembangan kawasan perbatasan Negara terkhususnya peningkatan pengawasan pada wilayah-wilayah yang sering menjadi target illegal fishing di Provinsi Maluku.
Kerusakan Ekosistem Pesisir: Reklamasi Wilayah Jawabannya? Wattimena, Josina Augustina Yvone; Leatemia, Wilshen
Uti Possidetis: Journal of International Law Vol 5 No 1 (2024): Februari
Publisher : Faculty of Law, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/up.v5i1.28199

Abstract

Reclamation of coastal areas is an activity that is widespread in almost all regions of Indonesia. This activity is a solution to answer the problem of limited land area and to meet development needs. In fact, the reclamation carried out, including in the coastal areas of Ambon City, apparently caused damage to the coastal ecosystem and posed a threat to several coastal areas in Ambon City, which of course directly or indirectly had an impact on the people who live in coastal areas. This research aims to analyze and determine aspects of justice for the environment and society resulting from the reclamation of the coastal areas of Ambon City. This research uses an empirical approach. The results of the research show that the problem of reclamation of coastal areas is very unfair to the people of coastal areas and the environment where they live. Laws that are used as a means of reform to improve aspects of human welfare and protect and preserve the environment apparently cannot be used as legal instruments that are "pro-people" and "pro-justice". In fact, when they experience excesses due to reclamation, they must be given compensation and anti-loss as a form of corrective justice as stated by Aristotle and Thomas Hobbes.
Pengaturan Tentang Pengungsi Dan Tanggung Jawab UNCHR Bagi HAM Para Pengungsi Melatunan, Hendrik O; Tahamata, Lucia Charlota Octovina; Leatemia, Wilshen
TATOHI: Jurnal Ilmu Hukum Vol 3, No 11 (2024): Volume 3 Nomor 11, Januari 2024
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i11.2099

Abstract

Introduction: The changes and developments of the times until now have not provided a reference for the development of international law as a whole, including in dealing with refugees.Purposes of the Research: This study aims to examine and analyze UNHCR's responsibility for the human rights of refugees in terms of international law and the regulation of refugees in terms of international law.Methods of the Research: This type of research is normative juridical where the research is carried out by collecting primary, secondary and tertiary data obtained using library research. The data that has been collected is analyzed qualitatively, the description of which is arranged systematically based on legal disciplines to achieve clarity on the issues to be discussed.Results of the Research: The results of the study show that the international standard rules that have been agreed upon by the nations of the world related to the legal arrangements for refugees are contained in the 1951 Convention and the 1967 Protocol on the Status of Refugees. Another instrument is the Declaration of Human Rights because the refugee issue is closely related to human rights issues. In addition, there is also the UNHCR Statute which contains the roles, duties and authorities of UNHCR as an international institution dealing with refugees. UNHCR is an international institution formed, sheltered and an extension of the United Nations to specifically deal with issues related to refugees. On December 14, 1950, the UNHCR Statute established the function of UNHCR, namely to provide international protection, under the auspices of the United Nations, to refugees. In particular, UNHCR has four roles, namely as initiator, facilitator, mediator & conciliator, and as determination. In dealing with Myanmar refugees in Thailand, UNHCR uses 3 methods to deal with the refugee problem, namely Repatriation, Local Integration, and Resslement.
Tanggung Jawab Negara Indonesia Terhadap Imigran Ilegal Kajian Hukum Keimigrasian Unmehopa, Christiano K; Rehatta, Veriena Josepha Batseba; Leatemia, Wilshen
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.v3i10.1956

Abstract

Introduction: As a country with a strategic geographical position, Indonesia is often used as a stopover for immigrants.Purposes of the Research: The purpose of this paper is to study aims to find out and analyze the Immigration Law Regulating Illegal Immigrants and State Responsibilities to Illegal Immigrants Study of Immigration LawMethods of the Research: This type of research is normative juridical where the research is carried out by collecting primary, secondary and tertiary data obtained using library research. The data that has been collected is analyzed qualitatively, the description of which is arranged systematically based on legal disciplines to achieve clarity on the issues to be discussed.Results of the Research: The results of this study indicate that illegal/illegal immigrants in Indonesian immigration law have the same position as foreigners who enter and/or are in Indonesian territory. Illegal immigration itself is the movement of one person across the borders of a country where the movement has violated the immigration laws of the destination country. The responsibility of the State in handling illegal Immigrants is carried out by the Directorate of Immigration Investigation and Enforcement. For each province in Indonesia as an extension of the ministry of law and human rights there are regional offices of the Ministry of Law and Human Rights with an implementing unit in the field of immigration called the Immigration Division. Handling illegal immigrants, the sub-unit authorized to handle this is the Intelligence and Immigration Enforcement Division. The second is the Immigration Office where this agency is the first agency in handling illegal immigrants in the field. The third institution is the Immigration Detention Center as a place of quarantine or temporary detention of illegal immigrants
Pengawasan Pada Wilayah Perbatasan Negara Menurut Hukum Internasional Suitela, Autin Christani; Tahamata, Lucia Charlota Octovina; Leatemia, Wilshen
TATOHI: Jurnal Ilmu Hukum Vol 4, No 2 (2024): Volume 4 Nomor 2, April 2024
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i2.2125

Abstract

Introduction: The border problem has complex dimensions. There are a number of crucial factors involved in it such as jurisdiction and state sovereignty, politics, socio-economics, and defense and security but there are still many violations in the border area.Purposes of the Research:  Analyzing and knowing Regulations Concerning Surveillance in Border Areas According to International Law and the government's function of surveillance in border areasMethods of the Research: This research uses a normative juridical method with the legal materials used in the research are primary, secondary and tertiary with the use of library study techniques in the form of criminal law regulations, scientific works and literature.Results of the Research: The function of the Government in dealing with problems in border areas, the Indonesian government creates institutions that carry out supervisory functions and involve several law enforcement officials in dealing with problems in border areas, namely the Ministry of Maritime Affairs, BAKAMLA, TNI-AL, BNPP, POLRI, POLRI POLOAIR, and the establishment of posts crossing borders, strengthening the TNI in border areas, and building surveillance posts in dealing with problems in border areas which is a form of government in dealing with problems in border areas and is a form of law enforcement carried out by the government.
Pengaturan Tentang Gencatan Senjata Dalam Hukum Humaniter Internasional Renyut, Sintia Elisabeth; Rehatta, Veriana Josepha Batseba; Leatemia, Wilshen
TATOHI: Jurnal Ilmu Hukum Vol 4, No 3 (2024): Volume 4 Nomor 3, Mei 2024
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i3.2138

Abstract

Introduction:  The ceasefire between Israel and Hamas will begin on Friday (21/5/2021) at 02.00 local time. The ceasefire ended tensions that had existed in Gaza since 11 days ago. The ceasefire, has the potential to prevent the fiercest fighting in decades. The Israeli military also unanimously supports a ceasefire in Gaza.Purposes of the Research:  To review and analyze the Armistice Regulations Formulated in International Humanitarian Law and to study and analyze the legal consequences of violations of the Armistice.Methods of the Research: Legal research as a process to find the rule of law, legal principles, and legal doctrines in order to answer the legal issues faced. Normative legal research or other names, namely doctrinal legal research, is research that provides a systematic explanation of the rules governing a certain category, analyzes a relationship between regulations, explains regions and may predict future development. Results of the Research: The results of this study explain that the armistice is a temporary cessation of war, where both parties involved in the armed conflict both agree or agree to a ceasefire. General arrangements for an armistice were regulated in the Hague Convention of 1907 and contained in the Hague land war regulations. The legal consequences of the violation of the truce are, in accordance with the provisions of Article 41 of the Hague Convention IV of 1907 which states that "A violation of the truce committed by a person acting on his own initiative, results in the violator having the right to be punished, and if necessary get punishment and must provide compensation to the victim for the loss suffered. Therefore, both parties must make compensation for violations of the ceasefire.
Yurisdiksi Dewan Hak Asasi Manusia Dan Intervensi Honor Killing Mesfer, Salshabilla Alaida; Tahamata, Lucia Charlota Octovina; Leatemia, Wilshen
SANISA: Jurnal Kreativitas Mahasiswa Hukum Vol 4, No 1 (2024): Volume 4, Nomor 1, April 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sanisa.v4i1.2173

Abstract

Introduction: Honor Killing is a murder committed to protect family honor. One case of honor killing occurred in Afghanistan in June 2022, where a family member committed an honor killing on two children who had just gone shopping and were returning home. Even though Afghanistan has made various efforts to protect women's human rights, violations of women's rights still occur.Purposes of the Research: To study and find out about the Jurisdictional Arrangements of the Human Rights Council based on International Law and to study and find out whether the Human Rights Council can intervene in acts of Honor Killing in a country.Methods of the Research :This research method is normative juridical where research is carried out by collecting primary, secondary and tertiary data obtained using library research. The data that has been collected is analyzed qualitatively, the description of which is arranged systematically based on legal disciplines to achieve clarity on the issues to be discussed.Results of the Research: The results of this research show that the jurisdictional arrangements of the Human Rights Council based on international law were established as a body under the United Nations (UN) in 2006, through UN General Assembly resolution 60/251. Regulations regarding the Human Rights Council are contained in the UN Charter, which gives the Human Rights Council a mandate to promote and protect human rights throughout the world. In addition, the basic rules and procedures of the Human Rights Council are regulated by the UN Charter, various international human rights instruments, as well as relevant resolutions and decisions of the UN General Assembly. The Human Rights Council has the authority to monitor the implementation of human rights in its member countries, provide recommendations, and investigate human rights violations. The UN Human Rights Council does not have direct authority to carry out physical intervention or law enforcement in certain countries. However, intervention in specific cases such as honor killings depends on a number of factors, including the policy and authority of the board. Direct intervention in cases of individual crimes, including honor killings, falls under the authority of member states and national legal institutions. The Human Rights Council can encourage countries to take firm action in dealing with human rights violations such as "honor killings" by strengthening the legal system and protection of women.
Pelindungan Hak Asasi Manusia Dalam Konflik Bersenjata Non Internasional Di Myanmar Hayer, Karel Neju; Wattimena, Josina Augustina Yvonne; Leatemia, Wilshen
PATTIMURA Law Study Review Vol 2 No 1 (2024): April 2024 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v2i1.13693

Abstract

ABSTRACT: A non-international armed conflict occurred in Myanmar as a result of a military coup which triggered a wave of protests and demonstrations. Human rights violations occurred by the Myanmar military and ethnic armed groups, including mass killings, rape and sexual violence. The aim of this research is to examine and understand human rights violations committed by parties involved in the non-international armed conflict in Myanmar, to examine and determine the obstacles faced in protecting human rights in Myanmar during the non-international armed conflict. The research method used is Normative Juridical research. The problem approaches used are the statutory approach, concept approach and case approach. Sources of legal materials used are primary, secondary and tertiary legal materials. procedures for collecting legal materials and processing analyzes of prescriptive legal materials through methods of interpretation, harmonization, systematicity, and legal discovery. The research results show that in the non-international armed conflict in Myanmar, a series of serious human rights violations occurred. This includes the use of force against civilian demonstrators, arbitrary arrests, and repression of pro-democracy activists. In addition, there were reports of acts of torture and sexual violence. There are a number of obstacles in protecting human rights in Myanmar during non-international armed conflicts.
Tanggung Kelompok Bersenjata Non Negara Pada Wilayah Konflik Yang Di Kendalikan Dan Pertanggung Jawabannya Lekatompessy, Ludya Grafilia; Wattimena, Josina Augustina Yvonne; Leatemia, Wilshen
PATTIMURA Law Study Review Vol 2 No 1 (2024): April 2024 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v2i1.13694

Abstract

ABSTRACT: The armed conflict in Syria involves the Syrian government and rebels on behalf of their organized group the Free Syrian Army (FSA). The Syrian Army has attacked most of the rebel areas in Eastern Ghouta. The armed conflict has caused many problems and misery, especially for the civilian population. Starting from suicide bomb attacks, rocket attacks, and firearms attacks, using civilians as human shields to protect themselves from enemy attacks, often blocking or making it difficult for civilians to access humanitarian assistance, such as food, clean water, and medical care, recruiting children under the age of 18 to participate in armed conflict, and have committed gross violations of human rights, such as murder, torture, rape, and forced displacement of civilians. The research method used in analyzing and discussing the problem is normative, this research is focused on the purpose of examining and knowing the position of non-state armed groups in non-international armed conflicts in controlled areas and non-state groups can be held accountable when not meeting the basic needs of the civilian population in controlled areas. The results of the study state that the position of non-state armed groups in conflict is based on Additional Protocol II to the 1949 Geneva Convention Article 1 paragraph 1. Also in the regulation of humanitarian law contains guarantees of the rights of everyone in the conflict area and limits the power of warring parties not to take actions that are beyond the bounds of humanity. And non-state armed groups that are in conflict can be held accountable for the civilian population, when they do not meet the basic needs of the civilian population in controlled areas. Because the UN Security Council considers that non-state actors have international obligations under international law. If they do not meet the basic needs of the civilian population, they can be responsible for human rights violations and crimes against humanity to protect the civilian population in the area.
Co-Authors Arman Anwar Bandjar, Muhaimin Bahriansyah Hattu, Vondaal Vidya Hayer, Karel Neju Kiat, Desy Lekatompessy, Ludya Grafilia Melatunan, Hendrik O Mesfer, Salshabilla Alaida Noya, Ekberth Vallen Peilouw, Johanis Steny Franco Rehatta, Veriana Josepha Batseba Rehatta, Veriena Josepha Batseba Renyut, Sintia Elisabeth Riry, Welly Angela Salamor, Anna Maria Salamor, Yonna Betrix Siwabessy, Elsa Jhon Suitela, Autin Christani Tahamata, Lucia Charlota Octovina Ubwarin, Erwin Unmehopa, Christiano K Waas, Armelia Febriyanti Wattimena, Josina Augustina Yvone Wattimena, Josina Augustina Yvonne Wattimena, Ricky Marthen