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The Role of Indigenous Communities in Protecting The Environment After The Entry of Companies Hattu, Vondaal Vidya; Tahamata, Lucia Charlota Octovina
Batulis Civil Law Review Vol 5, No 1 (2024): VOLUME 5 ISSUE 1, MARCH 2024
Publisher : Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/ballrev.v5i1.1894

Introduction: The many cases of land disputes involving indigenous communities have created a bad image for this community.Purposes of the Research: The rights of indigenous peoples as well as the legal substance that forms the basis for the implementation of development in safeguarding the environment after the entry of the CompanyMethods of the Research: The method used is normative juridical with qualitative analysis.Results of the Research: The noble values in the lives of indigenous peoples seem to have disappeared due to a number of "conflicts" disputes. In fact, feuds and struggles are not the nature of indigenous peoples. This group is actually closely linked to environmental conservation efforts to ensure the continuity of life. This cultural identity requires a foothold which is known as customary territory. This area is very important because it is the living space and livelihood of the community. Customary territories include land, forests, seas and natural resources which are seen as a unity of economic, religious values and socio-cultural ties. The presence of the State can resolve problems that arise in society, especially environmental rights owned by indigenous peoples.

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

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.

Spionase Pejabat Diplomatik Rusia Terhadap Negara Denmark Dalam Hukum Diplomatik Sya’ban, Balgis; Tahamata, Lucia Charlota Octovina; Hanafi, Irma Halimah
TATOHI: Jurnal Ilmu Hukum Vol 3, No 9 (2023): Volume 3 Nomor 9, November 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i9.1948

Introduction: Espionage is intelligence activity in a country or company seeking confidential information. Espionage activities focus on gathering non-public information through covert means. Espionage by Russian diplomatic officials against Denmark led to the expulsion of Russian diplomatic officials due to unacceptable espionage in Denmark. The purpose of this study is to examine and discuss whether Russian espionage can be categorized as espionage and how responsibility for espionage is carried out by Denmark.Purposes of the Research: To study and discuss whether Russian spying experiments can be categorized as espionage and how is the responsibility for espionage carried out by Russia against Denmark.Methods of the Research: The research method used is normative juridical, namely research on rules, norms, and legal principles based on statutory regulations. The problem approach used is the normative legal approach, namely the conceptual approach, the case approach and the statutory approach. The sources of legal materials used are primary legal materials, secondary legal materials and tertiary legal materials. Legal material collection techniques through library research. Then analyzed qualitatively.Results of the Research: The results of the study conclude that spying by Russian diplomatic officials against Denmark can be categorized as espionage because it is contained in the 1961 Vienna convention. eye is considered espionage. The form of accountability for the Danish state due to actions committed by the Russian state is by expelling or persona nongrata against diplomatic officials who carry out espionage.

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

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.

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

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.

Perlindungan Objek Sipil Dalam Konflik Bersenjata Menurut Hukum Humaniter Internasional Safiun, Safiun; Tahamata, Lucia Charlota Octovina; Daties, Dyah Ridhul Airin
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.v2i1.13695

ABSTRACT: Armed conflict not only affects the civilians who are the targets of the conflict, but civilian objects are also affected by the conflict. Civilian objects are any object that is not a military object so that it cannot be used as an object of attack by one of the parties to the conflict. The protection of civilian objects is regulated in Article 52 paragraph (1) and Article 57 paragraph (1) of the Additional Protocol to the Geneva Convention 1494. In addition to being regulated in the article, the protection of civilian objects is also regulated by International Humanitarian Law through principles recognized in HHI such as the principle of Proportionality, the principle of Distinction and the principle of military interests. Violation of the protection of civilian objects in armed conflict is a war crime. Basically, the responsibility for war crimes lies with the individual who committed the violation of the laws and customs of war. The accountability process is carried out through a trial at the ICC (International Criminal Court) where war crimes are the jurisdiction of the ICC itself. War crimes can also be held accountable to the state as well as the commander.

Pemberantasan Kejahatan Perbankan Antar Negara Yang Belum Melakukan Perjanjian Ekstradisi (Studi Kasus Maria Pauline Lumowa) Lesnussa, Vanesia; Wattimena, Josina Augustina Yvonne; Tahamata, Lucia Charlota Octovina
TATOHI: Jurnal Ilmu Hukum Vol 4, No 6 (2024): Volume 4 Nomor 6, Agustus 2024
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i6.2450

Introduction: There are many phenomena of corruption where the perpetrators flee abroad, making it difficult to eradicate corruption. Based on data from Indonesia Corruption Watch (ICW) there are more than 30 fugitives for corruption who have fled abroad and resulted in state losses of around IDR 53 trillion. Indonesia as a country prone to corruption requires international cooperation in dealing with cross-border crimes such as economic crimes in the banking sector.Purposes of the Research: This paper aims to analyze and find out the extradition mechanism in banking crimes for countries that have not entered into an extradition treaty. As well as to analyze and find out legal remedies to return criminal assets to the state according to law return of criminal assets to the state according to international law.Methods of the Research: The research method in this writing is a qualitative analysis method, the type of research is normative research, the research approach used is the statutory approach, the case approach, and the concept approach. The procedure for collecting legal materials uses primary legal materials, secondary legal materials and tertiary legal materials.Results of the Research: The results of the study show that the mechanism or procedure for extradition requests between countries that have not entered into an extradition agreement is the same as the mechanism or procedure for extradition requests with extradition agreements, while legal remedies for returning assets resulting from criminal acts to countries according to international law there are two ways of resolution, namely, first through mutual legal assistance and secondly based on good relations between the two countries this has been regulated in Article 51 and Article 58 of UNCAC 2003

Konflik China Dan Taiwan Dalam Tinjauan Hukum Internasional Nunumete, Verly; Wattimena, Josina Augustina Yvonne; Tahamata, Lucia Charlota Octovina
TATOHI: Jurnal Ilmu Hukum Vol 4, No 5 (2024): Volume 4 Nomor 5, Juli 2024
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i5.2439

Introduction: It is necessary to know that international law is basically a collection of applicable legal provisions defended by the international community. The current understanding of international law is law that refers to the relationship between one country and another, between a country and international organizations, which give rise to the rights and obligations of each country and international institutions. The Taiwan Air Force reported that at least 19 Chinese fighter jets, including nuclear bombers, entered their Air Defense Identification Zone (ADIZ) air defense zone on Sunday, May 9, 2021. Purposes of the Research: This study aims to study and understand the relationship between China and Taiwan in terms of international law and to examine and understand the penetration of Chinese fighter planes into Taiwan violating Taiwan's sovereignty in terms of international law.Methods of the Research: This research is a normative juridical research by means of research conducted by collecting primary, secondary, tertiary data, obtained by using library research. The data that has been collected is analyzed systematically based on legal disciplines to achieve clarity on the issues to be discussed.Results of the Research: The results obtained from this study are that the territorial sovereignty of the State is the most important thing in the case of relations between China and Taiwan according to international law. The territorial sovereignty of the State is a guarantee in upholding the meaning that the state has full power rights to exercise its territorial rights within the boundaries of its territory. This has been expressly regulated and stipulated in the provisions of international law as international law regulates the state to have the authority to be responsible and overcome violations of sovereignty in the territory of the country. As in the case of the conflict, the intrusion of Chinese fighter planes into Taiwan clearly violated the sovereignty of the State's territory, more specifically the territory of Taiwan, as well as impacted relations for the two countries. contrary to the applicable laws and regulation

Rekrutmen Private Military Contractors Yang Dilakukan Negara Dibolehkan Dalam Hukum Internasional Yusuf, Rifadli Mahram; Wattimena, Josina Augustina Yvonne; Tahamata, Lucia Charlota Octovina
TATOHI: Jurnal Ilmu Hukum Vol 4, No 10 (2024): Volume 4 Nomor 10, Desember 2024
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i10.2796

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.

Penyelesaian Sengketa Inggris – Iran Terkait Hak Lintas Damai Kapal Stena Impero Tetelepta, Joel; Tahamata, Lucia Charlota Octovina; Daties, Dyah Ridhul Airin
SANISA: Jurnal Kreativitas Mahasiswa Hukum Vol 3, No 1 (2023): Volume 3, Nomor 1, April 2023
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sanisa.v3i1.1543

Introduction: Since World War II the Law of the Sea has undergone many changes along with the times. The United Conference on Trade Development says almost more than 77 percent of international trade is transported by sea. As part of the sea, the strait plays an important role for international trade, one of which is the Strait of Hormuz.Purposes of the Research: To study or analyze how UNCLOS 1982 regulates the Right of Peaceful Passage and examines how the form of settlement of the Stena Impero vessel detention dispute.Methods of the Research: The research method used is normative juridical research, the type of research is analytical descriptive. The sources of legal materials used are primary, secondary and tertiary legal materials. The legal material collection technique used in this research is through library research. Analysis of legal materials is descriptive qualitative.Results of the Research: The research results conclude that the right of innocent passage has been regulated in UNCLOS 1982 Part III concerning Innocent Passage, article 45 paragraphs 1 and 2. Foreign ships that use the right of innocent passage in the territorial sea or waters of a coastal state must follow the regulations in force in that country and, in general, the mechanism of international law in resolving international disputes can be pursued through two channels, namely litigation and non-litigation. In particular, for the settlement of the Stena Impero ship dispute between Britain and Iran, the efforts that can be taken are through litigation, namely through the international court for the law of the sea (Internasional Tribunal for the Law on the Sea)

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