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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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Penyerangan Terhadap Petinggi Hamas Di Wilayah Negara Lain Dan Implikasi Hukumnya Soumena, Ajwar; Wattimena, Josina Augustina Yvonne; Tahamata, Lucia Charlota Octovina
SANISA: Jurnal Kreativitas Mahasiswa Hukum Vol 4, No 2 (2024): Volume 4, Nomor 2, Oktober 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sanisa.v4i2.3016

Abstract

Introduction: International law as a law that crosses national borders regulates all forms of rules and principles of international relations law. International law also defines all forms of legal responsibility of countries in acting and their actions towards individuals within national borders whose domains include various issues of concern to the international world such as human rights, international crimes, citizenship issues and so on. International law also carries out global missions such as environmental improvement and sustainable development, international waters, outer space, and so on.Purposes of the Research: Methods of the Research: This research is a normative legal research. The type of research is descriptive analytical. The sources of legal materials used in this study are primary legal materials and secondary legal materials. Supporting data and information are then identified and then systematized for interpretation and arguments are given to obtain conclusions on the problem.Results / Findings / Novelty of the Research: The attack on Hamas leaders in the territory of another country is a violation of state sovereignty in international law. The murder of Ismail Haniyeh was carried out with a guided missile targeting his private residence in Tehran, Iran. The murder took place outside the conflict area and certainly violated the jurisdiction of another country. Sovereignty is a fundamental right for every country in the world as a necessity for the implementation of a legal system in a region in order to provide guarantees for the survival of the population in that region. As one of the subjects of international law, international recognition of a country is based on whether or not the requirements for the formation of a country are met, including according to the 1933 Montevideo Convention, there are four elements of state formation, namely, permanent population, territory, government and the ability to conduct relations with other countries
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
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