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All Journal Batulis Civil Law Review TATOHI: Jurnal Ilmu Hukum SANISA: Jurnal Kreativitas Mahasiswa Hukum PATTIMURA Law Study Review
Tahamata, Lucia Charlota Octovina
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Law, Crime, Criminology & Criminal Justice

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Journal : PATTIMURA Law Study Review

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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

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.
Perekrutan Tentara Anak Dalam Konflik Bersenjata Ditinjau Dari the Optional Protocol to The Convention on The Rights of The Child on The Involvement of Children in Armed Conflict 2000 Risamena, Agnesya Syedeline; Tahamata, Lucia Charlota Octovina; Hattu, Vondaal Vidya
PATTIMURA Law Study Review Vol 3 No 3 (2025): Desember 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.v3i3.21528

Abstract

The Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict of 2000 is an international legal instrument designed to protect children from recruitment and direct involvement in armed conflict. However, in reality, violations of the provisions of this protocol still frequently occur in various conflict zones. The practice of recruiting children by armed groups not only contradicts the content of the protocol but also violates the fundamental principles of International Humanitarian Law and Human Rights. This study uses a normative legal method with a regulatory approach, international document studies, a conceptual approach, and a case approach to examine the effectiveness of the protocol's implementation. Data was obtained through literature studies and analyzed qualitatively based on primary, secondary, and tertiary legal materials. The results of the study show that this protocol regulates preventive protection measures, such as prohibiting the recruitment of children under the age of 18, as well as repressive protection through criminalization, sanctions, victim recovery, and inter-state cooperation, to the extent that the protocol requires a mechanism for regular monitoring and reporting to the Committee on the Rights of the Child. The case in Mozambique reflects non-compliance with reporting obligations since 2006, underscoring the importance of strengthening monitoring systems as a means of evaluating and improving child protection policies, as well as optimizing the implementation of this protocol at the national and international levels.
Pengelolaan Sumber Daya Perikanan Pada Wilayah Perbatasan Tanpa Perjanjian Bilateral Moa, Maria Regina; Wattimena, Josina Augustina Yvonne; Tahamata, Lucia Charlota Octovina
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.v2i3.23324

Abstract

The existence of the Republic of Indonesia has made this country recognized as an archipelagic country with many Indonesian archipelagos, so it is not surprising that there is a lot of potential fishery resources that can be managed, so the United Nations Convention on the Law of the Sea or called UNCLOS 1982. The Republic of Indonesia has many islands, so it is undeniable that Indonesia has many border areas with other countries. Border areas have a very important role in state sovereignty, but there are often problems in these areas, for example, illegal fishing often occurs, especially in the EEZ area, in UNCLOS 1982 in article 62 paragraph (2) has regulated related to the management of fishery resources in the EEZ and in article 51 paragraph (2) also regulates related to rights and Traditional Fshing Rights. Although the 1982 UNCLOS has been regulated, there are many findings that have occurred in the Indonesian EEZ area bordering Timor Leste. This research is normative juridical, namely the collection and analysis of primary, secondary, and tertiary data through literature studies. The data is analyzed qualitatively and systematically compiled by legal disciplines to provide clarity on the issues discussed. The results of this study show that there are several border areas between Indonesia and neighboring countries that have not been fully agreed, for example in the EEZ border area of Timor Leste and Indonesia which still overlaps and becomes an area where illegal fhising often occurs, this problem arises from the ship that was leased by Timor Leste from China to be included in the EEZ which Indonesia claimed that the area was its EEZ.
Co-Authors Dyah Ridhul Airin Daties Halima Hanafi, Irma Hattu, Vondaal Vidya Leatemia, Wilshen Lesnussa, Vanesia Melatunan, Hendrik O Mesfer, Salshabilla Alaida Moa, Maria Regina Nunumete, Verly Ririhena, Putri Jean Patricia Risamena, Agnesya Syedeline Safiun, Safiun Soumena, Ajwar Suitela, Autin Christani Sya’ban, Balgis Tetelepta, Joel Wattimena, Josina Augustina Yvonne Yusuf, Rifadli Mahram