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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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Violations Committed by Israel in Armed Conflicts Under International Humanitarian Law Leatemia, Wilshen
Balobe Law Journal Volume 4 Issue 2, October 2024
Publisher : Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/balobe.v4i2.2358

Abstract

Introductioan: War has various aims and objectives, including under the pretext of self-defense to defend life, family, honor or to defend one's nation, to ideological issues. The wars that occur also often violate international humanitarian law. One of them is between Israel and Hamas.Purposes of the Research: To find out violations of international humanitarian law committed by IsraelMethods of the Research: This research uses an normative juridical research method. Normative Juridical Research is research on Norms, Principles, Rules and Principles based on statutory regulations related to the problem being studied. The approaches used are the statutory approach, the conceptual approach, and case aprroach.Results of the Research: The results of the research show that according to international humanitarian law, violations committed by Israel in armed conflict involve actions that violate the principles of protection of civilians and civilian infrastructure. Humanitarian law, as set out in the Geneva Conventions, prohibits attacks on non-combatants and requires protection of vital facilities such as hospitals and schools, as well as access to humanitarian aid.
Pemenuhan Hak Atas Pekerjaan Dan Penghidupan Yang Layak Dalam Negara Yang Mengalami Krisis Ekonomi Kiat, Desy; Anwar, Arman; Leatemia, Wilshen
TATOHI: Jurnal Ilmu Hukum Vol 4, No 5 (2024): Volume 4 Nomor 5, Juli 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i5.2437

Abstract

Introduction: The economic crisis that occurred in Sri Lanka was due to the accumulation of foreign debt that could not be paid, resulting in high inflation in the country. State conditions like this have had an impact on the inability of the state to meet a decent standard of living for Sri Lankan citizens and the neglect of the rights to work of Sri Lankan citizens. Which of these rights have been regulated and have been recognized and respected through the provisions contained in the International Covenant on Economic, Social and Cultural Rights (ICESCR).Purposes of the Research: To find out the arrangements regarding the fulfillment of the right to work and a decent living by the state based on the International Covenant on Economic, Social and Cultural Rights (ICESCR).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 legal material that has been collected is analyzed qualitatively which breaks it down systematically based on legal disciplines to achieve clarity of the issues to be discussed.Results of the Research: The results of this study show that the right to a decent life and the right to work have actually been regulated, respected and recognized and protected in the provisions of ICESCR article 11 paragraph 2 of the ICESCR which states that "the fundamental right of everyone to be free from hunger" ( the basic right of everyone to be free from hunger) and article 7 of the ICESCR which regulates the right of everyone to enjoy work, so that these rights must be fulfilled as a form of respect for human rights. The economic crisis that occurred in Sri Lanka which had an impact on the non-fulfillment of the rights to a decent life and the right to work is an act or an act of non-fulfillment of human rights related to these rights which in principle constitutes a violation of human rights, so that events or this situation, the Sri Lankan government in various ways or efforts continues to take strategic steps to be able to overcome the economic crisis that is currently happening in Sri Lanka.
Urgensi Ratifikasi International Labour Organization 169 Sebagai Bentuk Perlindungan Hukum Terhadap Masyarakat Adat Bandjar, Muhaimin Bahriansyah; Wattimena, Josina Augustina Yvonne; Leatemia, Wilshen
TATOHI: Jurnal Ilmu Hukum Vol 4, No 4 (2024): Volume 4 Nomor 4, Juni 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i4.2429

Abstract

Introduction: Judging from the cases of indigenous peoples disputes, the efforts of the Indonesian state to speed up the ratification of ILO convention 169 will minimize the occurrence of cases that occur in indigenous peoples because there is protection for the indigenous peoples themselves. This situation prompted the development and adoption of ILO Convention 169, which aims to protect indigenous peoples and their rights.Purposes of the Research: This writing aims to examine and find out about ILO Convention 169 which regulates legal protection for indigenous peoples and why it is important for ILO Convention 169 to be ratified as a form of legal protection for indigenous peoples.Methods of the Research: The type of research used in this paper is normative legal research. As for answering the problems in this study, the authors use three approaches to the problem, namely the statutory approach (statute approach), and conceptual approach (conceptual approach). The procedure for collecting legal materials carried out by the author is by searching for and collecting laws and regulations related to the legal issues at hand. Legislation in this case includes both legislation and regulation. Analysis of legal material uses qualitative methods, namely studies related to legal norms contained in international law legislation and legal norms that exist in society.Results of the Research: The results of this study indicate that the ILO Convention 169 which regulates the legal protection of indigenous peoples, to ensure the implementation of the contents of this Convention, the responsibility lies in the hands of the government (ILO member ratifying ILO Convention No.169) to develop, coordinate and take systematic action in order protect the rights of Indigenous Peoples and Indigenous Peoples, and ensure recognition of their integrity. ILO Convention 169 is important to ratify as a form of legal protection for indigenous peoples and to strengthen the legal rights of Indigenous Peoples who mostly live in forest areas, the human rights of minorities are very difficult to be able to enjoy their rights on their own land.
Responsibility of States, Individuals and Legal Entities Towards Marine Pollution Riry, Welly Angela; Waas, Armelia Febriyanti; Leatemia, Wilshen; Hattu, Vondaal Vidya; Noya, Ekberth Vallen
Balobe Law Journal Volume 5 Issue 1, April 2025
Publisher : Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/balobe.v5i1.2983

Abstract

Introduction: Marine environmental pollution is a global concern today because it has an impact on environmental sustainability and the use of marine resources. This problem not only affects the national interests of coastal countries, but also has implications for the welfare of all mankind.Purposes of the Research: Examine and analyze regulations on the protection of the marine environment from pollution, as well as the responsibility of the state, legal entities, and even individuals for marine pollution.Methods of the Research: This research is a normative research using a legislative approach with the sources of legal materials used are primary, secondary and tertiary legal materials with qualitative analysis.Results of the Research: Pollution of the marine environment is a global challenge that requires international cooperation. UNCLOS 1982 has established rules regarding the responsibilities of states, legal entities, and individuals in efforts to prevent, reduce, and handle marine pollution. Along with the increasing exploitation of marine resources, both in the energy and transportation sectors, the risk of pollution, especially due to oil spills, is getting higher. Therefore, national regulations that are aligned with international standards are needed to ensure the sustainable protection of the marine environment as well as effective accountability and compensation mechanisms for affected parties.
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.
PENJATUHAN SANKSI PIDANA DALAM KASUS PENAMBANGAN BATU CINNABAR DI MALUKU Ubwarin, Erwin; Leatemia, Wilshen
JURNAL ILMU SYARIAH Vol 8 No 2 (2020): DESEMBER
Publisher : IBN KHALDUN BOGOR

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/mizan.v8i2.20274

Abstract

Semua kekayaan sumber daya alam yang ada di darat, laut, dan di dalam perut bumi Indonesia dikuasai oleh Negara dan digunakan sebesarnya untuk kesejahteraan rakyat. Namun pengelolaan sumber daya alam batu cinnabar yang tidak mengantongi izin pada Desa Luhu Kabupaten Seram Barat, Provinsi Maluku berakibat pada pencemaran lingkungan dan berdampak pada manusia. Menanggulangi pelanggaran pidana ini telah dilakukan penegakan hukum yang menghasilkan 8 (delapan) putusan pada Pengadilan Negeri Ambon. Penelitian ini dilakukan dengan pendekatan yuridis normatif, dengan pendekatan peraturan perundang-undangan dan pendekatan konsep tentang penjatuhan pidana dan tindak pidana yang menempatkan peraturan perundang-undangan sebagai objek penelitian yang bersumber dari hukum primer, sekunder, dan tersier. Hasil penelitian menyimpulkan penjatuhan pidana kepada pelaku penambang tanpa izin masih rendah tidak sampaisetengah dari ancaman maksimum 10 (sepuluh) tahun dalam undang-undang pertambangan mineral dan batu bara, hal ini sangat disayangkan karena rusaknya lingkungan akibat pengelolaan batu cinnabar tanpa izin akan berdampak panjang.
Penyerangan Terhadap Warga Sipil Oleh Organisasi Papua Merdeka Dan Pertanggungjawabannya Ririhena, Putri Jean Patricia; Tahamata, Lucia Charlota Octovina; Leatemia, Wilshen
SANISA: Jurnal Kreativitas Mahasiswa Hukum Vol 5, No 2 (2025): Volume 5, Nomor 2, Oktober 2025 (in progress)
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sanisa.v5i2.3665

Abstract

Introduction: the armed conflict in Papua is one of the most complex humanitarian and security issues in Indonesia. The involvement of the Free Papua Movement (OPM) in attacks on civilians has resulted in loss of life and significant losses, both material and moral. These actions are not merely political resistance but have gone beyond the pale, targeting those who should be protected by law: civilians not participating in hostilities.Purposes of the Research: : the purpose of this article is to determine and analyze whether the acts of attacks on civilians carried out by the Free Papua Organization (OPM) can be qualified as violations of International Humanitarian Law (IHL).Methods of the Research: The method used is normative juridical, employing a legislative approach, a case approach, a historical approach, a conceptual approach, and a literature study approach.Results / Findings / Novelty of the Research: : the results of the study show that the attacks on civilians by the Free Papua Organization (OPM) constitute a serious violation of International Humanitarian Law (IHL), particularly against the principle of distinction and the principle of proportionality as regulated in the 1949 Geneva Conventions and Additional Protocol II of 1977
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