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All Journal Syntax Literate: Jurnal Ilmiah Indonesia 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 Mizan: Journal of Islamic Law
Leatemia, Wilshen
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Journal : PATTIMURA Law Study Review

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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.
Tindakan Menaiki Kapal Asing Yang Melintasi Pelayaran Internasional Oleh Militer Negara Lain Siwabessy, Elsa Jhon; Peilouw, Johanis Steny Franco; Leatemia, Wilshen
PATTIMURA Law Study Review Vol 3 No 1 (2025): April 2025 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v3i1.19699

Abstract

The concept of "Res communis" which states that the sea belongs to the common property of all people of the world. In a video released by the Iranian Navy, a group of soldiers of the Islamic Revolutionary Guard Corps (IRGC) plunge aboard the Advantage Sweet oil tanker bound for Houston in the Gulf of Oman on Thursday, April 27. This type of research is normative juridical where research is carried out by collecting primary, secondary and tertiary data obtained using literature studies. The collected legal materials are analyzed qualitatively, the elaboration of which is systematically arranged based on legal disciplines. Based on the results of the research, freedom on the high seas is regulated in the United Nations Convention on the Law of the Sea (UNCLOS 1982) which is the basis of international law on the high seas that gives the right to freedom of navigation to all ships. This includes the right to sail, fly, and perform other maritime activities without hindrance. Regulations on the high seas are regulated by UNCLOS 1982 in Article 87 concerning freedom on the high seas, namely, freedom of navigation, freedom of flight, freedom to install submarine cables and pipelines, freedom to build artificial islands, freedom to fish and freedom of scientific research. in the act of Iran boarding the Adventage Sweet, on the international shipping channel. cannot be justified because this is a direct violation of the provisions of the 1982 Convention, one of which is freedom of navigation in international seas. This action is a violation because the ship is not proven to have committed a violation.
Yurisdiksi International Criminal Court dalam Penyelesaian Kasus Kejahatan Perang Oleh Kepala Negara Pesurnay, Dominique Geraldine Grizelda; Wattimena, Josina Augustina Yvonne; Leatemia, Wilshen
PATTIMURA Law Study Review Vol 2 No 3 (2024): Desember 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.v2i3.23321

Abstract

On March 27, 2023, the International Criminal Court issued a warrant for the arrest of the Russian Head of State, Vladimir Putin, for alleged war crimes committed in Ukraine. Russia itself is not a member state of the 1998 Rome Statute so this case highlights the contradictions in the application of the International Criminal Court's jurisdiction and the enforcement of international humanitarian law under the 1998 Rome Statute. The purpose of the research is to analyze and find out whether the status of a state that does not ratify the 1998 Rome Statute affects the validity of the arrest warrant of the head of state issued by the International Criminal Court and the settlement of war crimes cases by the head of state according to the International Criminal Court. The research method that the author uses is normative juridical research method as well as, statutory approach, case approach and conceptual approach. The results of this study show that the International Criminal Court has four types of jurisdiction: personal, material, temporal, and territorial. If a state is unwilling or unable to address these issues, then the International Criminal Court's jurisdiction will apply. In Vladimir Putin's case, his war crimes on Ukrainian territory fall within the territorial jurisdiction of the International Criminal Court, making the arrest warrant issued automatically valid. Heads of state, as high-ranking government officials, are treated as equals before the International Criminal Court, as emphasized in Article 27 of the 1998 Rome Statute. The case resolution procedure would then be the preliminary examination, investigation, pre-trial stage, trial stage, appeal stage, and sentencing. Vladimir Putin will enter the pre-trial stage after his arrest.
Pengawasan Pada Wilayah Perbatasan Laut Suatu Negara Imbiri, Rival Jou; Peilouw, Johanis Steny Franco; Leatemia, Wilshen
PATTIMURA Law Study Review Vol 2 No 2 (2024): Agustus 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.v2i2.23857

Abstract

Indonesia is an archipelagic country with many natural resources. With the ratification of UNCLOS 1982, Indonesia's maritime territory became wider. This opens up opportunities for legal violations due to lack of supervision in border areas, such as the entry of Rohingya refugee ships into Indonesian territory. Apart from the influx of Rohingya into Indonesian waters, various kinds of legal violations also occur in Indonesian waters, one of which is the case of illegal fishing which is very detrimental to the Indonesian state. This type of research is normative juridical where research is carried out by collecting primary, secondary and tertiary data. obtained using literature study. The results of this research show that supervision of Indonesia's maritime border areas has been carried out in accordance with the provisions stipulated in the 1982 Convention on the Law of the Sea. By ratifying UNCLOS 1982, Indonesia has issued and established national legislation relating to supervision and law enforcement at sea. . Apart from that, Indonesia also has various ministries/institutions that have the authority to carry out supervisory and law enforcement functions in Indonesian maritime areas. Legal problems faced by Indonesia in carrying out supervision in maritime border areas include overlapping roles, duties and functions (authorities) and regulations, weak coordination between agencies that have authority at sea, the absence of special institutions that have dimensional functions including supervision and law enforcement. , and limited facilities and infrastructure used to monitor and enforce laws in maritime areas.
Kesepakatan Perjanjian Internasional yang Dilanggar dan Akibat Hukumnya Bagus, Nurlina; Tuhulele, Popy; Leatemia, Wilshen
PATTIMURA Law Study Review Vol 3 No 2 (2025): Agustus 2025 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v3i2.24017

Abstract

International treaties are formed with the aim of becoming the basis for solving problems in the future so that the parties are protected, get legal certainty, and justice. The process of forming international agreements, countries must comply with the rules of international law regarding the making of international agreements. Indonesia has accelerated the ban on exporting nickel ore in 2020. The European Union sued Indonesia at the WTO court because it was deemed to have violated the GATT-WTO agreement. The purpose of this study is to find out and analyse whether international agreements that have been agreed upon by participating countries can be violated and to find out and analyse the legal consequences of the implementation of the international agreements in question. The results of this study indicate that, International Agreements that have been agreed upon by participating countries can be violated because there are certain circumstances that can be violated. by participating countries can be violated because there are certain circumstances that justify the act of violation as stipulated in the 1989 Vienna Convention justifying the act of violation as stipulated in the 1989 Vienna Convention on International Treaty Law, and the 1969 Vienna Convention which provides guidelines and principles in international agreements.
Co-Authors Arman Anwar Bagus, Nurlina Bandjar, Muhaimin Bahriansyah Hattu, Vondaal Vidya Hayer, Karel Neju Imbiri, Rival Jou Kiat, Desy Lekatompessy, Ludya Grafilia Melatunan, Hendrik O Mesfer, Salshabilla Alaida Noya, Ekberth Vallen Peilouw, Johanis Steny Franco Pesurnay, Dominique Geraldine Grizelda Rehatta, Veriana Josepha Batseba Rehatta, Veriena Josepha Batseba Renyut, Sintia Elisabeth Ririhena, Putri Jean Patricia Riry, Welly Angela Salamor, Anna Maria Salamor, Yonna Betrix Siwabessy, Elsa Jhon Suitela, Autin Christani Tahamata, Lucia Charlota Octovina Tuhulele, Popy Ubwarin, Erwin Unmehopa, Christiano K Waas, Armelia Febriyanti Wattimena, Josina Augustina Yvone Wattimena, Josina Augustina Yvonne Wattimena, Ricky Marthen