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All Journal TATOHI: Jurnal Ilmu Hukum Balobe Law Journal Indonesian Journal of International Law SANISA: Jurnal Kreativitas Mahasiswa Hukum PATTIMURA Legal Journal LUTUR Law Journal PATTIMURA Law Study Review
Wattimena, Josina Augustina Yvonne
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Law, Crime, Criminology & Criminal Justice Social Sciences

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Urgency of Boundary Maritime Management: Strategies to Prevent Conflicts Wattimena, Josina Augustina Yvonne
Indonesian Journal of International Law
Publisher : UI Scholars Hub

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (397.583 KB)

Abstract

The boundary of maritime between countries is a very important issue for coastal States as well as archipelagic countries such as Indonesia. Indonesia is adjacent to the sea with ten neighboring countries. Until now, Indonesia has not completely resolved the sea border issues with neighboring countries. This is due to the determination of the sea boundary is not easy, very closely with various considerations such as; Political, legal, strategic, historical, economic, environmental, geographical, geological and geomorphological. With the enactment of the 1982 Sea Law Convention as a new constitution for the regulation of the law of the sea, consequently Indonesian as an archipelago country undergoes many changes that directly or indirectly affect the determination of the territorial sea border, exclusive economic zone as well as the continental shelf with neighboring countries. However, the establishment of Indonesia›s maritime boundaries with neighboring countries should be speeded up in its settlement. The basis of the argument is that the frequent border conflicts do not seem to be very potential to threaten the principle of good neighborly life as it is acknowledged in international law. Therefore, government functions can be maximized through integrated marine management. The integration of the management undertaken will clarify and reinforce the certainty and jurisdiction of Indonesia. Given this certainty and jurisdiction it is of great advantage to dimentially access and manage biodiversity sources of marine biological phenomenon. This becomes an effective means of affirming the sovereignty and sovereign rights and legitimacy of the State.
Perlindungan Hukum Terhadap Perempuan Dan Anak Di Tinjau Dari Hukum Humaniter Internasional Latubual, Godlief Niclas Wenetama; Wattimena, Josina Augustina Yvonne; Hanafi, Irma Halimah
TATOHI: Jurnal Ilmu Hukum Vol 3, No 12 (2024): Volume 3 Nomor 12, Februari 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i12.2108

Abstract

Introduction: As a result of the prolonged conflict between Israel and Palestine, many children and women who have been affected by this conflict have suffered and even died as a result of this war. This unresolved conflict has resulted in a large number of victims from civil society from year to year and is increasing, especially children. Children who should have the right to grow and develop naturally when the war rages all their rights become victims of war, children's rights to grow up are violated without any mercy towards them, whatever the reason for the conflict, this act is a crime against humanity. and violations of children's rights.Purposes of the Research: This writing aims to analyze and find out the legal arrangements for women and children in armed conflicts in terms of international humanitarian law, to analyze and find out the forms of legal protection for women and children in armed conflicts, and as one of the requirements in completing studies at the University Law Faculty Pattimura.Methods of the Research: Normative research method with the type of research is qualitative analysis. The problem approach used is the statute approach, the conceptual approach and the case approach. The sources of legal materials used are Primary legal materials, Secondary legal materials, and Tertiary legal materials and are used as a technique for collecting legal materials, then processing and analyzing legal materials through methods of interpretation, harmonization, systematic and legal discovery.Results of the Research: The results of the study indicate that the legal arrangements for women and children in armed conflict are reviewed from international humanitarian law, namely Additional Protocol II of 1977 concerning the Protection of Victims of Non-International Armed Conflicts, which in Article 4 stipulates that everyone is not directly involved or is no longer involved. in a non-international armed conflict must be treated humanely and no distinction should be made that is detrimental to them. Provisions of the International Covenant on Civil and Political Rights (ICCPR) Article 4 which requires that even in a precarious public situation, fundamental non-derogable rights must still be respected.
Pengaturan Hukum Laut Internasional Terhadap Tabrakan Kapal Yang Di Sengajakan Heatubun, Alowisya Natalia; Anwar, Arman; Wattimena, Josina Augustina Yvonne
TATOHI: Jurnal Ilmu Hukum Vol 3, No 11 (2024): Volume 3 Nomor 11, Januari 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i11.2098

Abstract

Introduction: Indonesia is an archipelagic country that has a very wide coastline and sea in the world and is rich in marine resources that must be protected, however, its strategic location and busy shipping by foreign ships makes Indonesia also an international shipping lane which is prone to ship accidents. . One of the causes of ship accidents is human error.Purposes of the Research: This writing aims to examine and find out the arrangements regarding the prohibition of intentionally crashing ships based on international law provisions, examine and find out the forms of state responsibility that violate the provisions of international law, and this research as one of the requirements for writing a thesis in obtaining a Bachelor of Laws degree at the Faculty Pattimura University Law. Methods of the Research: Normative Juridical research method, namely obtaining data from the library in the form of documents, books, magazines and other literature related to writing. The source of legal material used is Primary legal material, Secondary legal material, and Tertiary legal material and used as a technique for collecting legal material, then processing and analyzing legal material through qualitative analysis, namely the data obtained is then systematically arranged for further qualitative analysis based on scientific disciplines. civil law to achieve clarity of issues to be discussed.Results of the Research: The results of the study show that international conventions governing ship safety and shipping security include SOLAS (Safety Of Life At Sea) 1974, MARPOL (Marine Pollition) 1973/1978 and Load Line Convention 1966 and Collreg 1972 (Collision Regulation) as well as national law. Indonesia does not implicitly contain legal norms aimed at intentional ship collisions. This is because the purpose of establishing these legal provisions is precisely to anticipate the occurrence of ship collisions due to human error in the perspective of negligence or negligence. Even so, explicitly the legal logic is that if an unintentional act can be punished then especially if it is done intentionally. The impact of the losses incurred has legal consequences of course on the responsibilities of the flag state as well as captains and shipping companies to the aggrieved party, including in this case the coastal state.
Analisis Hukum Internasional Tentang State Sponsored Terrorism Corputty, Frandy Army; Wattimena, Josina Augustina Yvonne; Peilouw, Johanis Steny Franco
TATOHI: Jurnal Ilmu Hukum Vol 3, No 10 (2023): Volume 3 Nomor 10, Desember 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i10.1957

Abstract

Introduction: State is one of the subjects of international law that has the responsibility to protect the human rights of every individual within its sovereign territory. However, the facts show that there are countries that become sponsors or in other words the state provides support either directly or indirectly to terrorist groups to carry out their actions. This term is known as state sponsored terrorism which requires global attention considering that terrorism cases that occur often have links to the state.Purposes of the Research:  1. Review and discuss the regulation of State Sponsored Terrorism in International Law. 2. Review and discuss the implications for the enforcement of International Law.Methods of the Research: This study uses a normative juridical method with an analytical perspective using primary, secondary, and tertiary legal materials. This research technique is a literature study based on international legal regulations, scientific works and other literature related to state sponsored terrorism.Results of the Research: International law arrangements related to state sponsored terrorism still require special attention due to the large number of cases and indications of states being involved. Given that state sponsored terrorism is the root of various terrorism cases around the world. This shows that the international legal instruments that existed before the International Convention for the Suppression of the Financing Terrorism and United Nations Convention Against Transnational Organized Crime were considered unable to prevent and prohibit countries from sponsoring terrorists caused by the absence of the universal definition of terrorism. It is proven by international violations committed by sponsoring countries in order to fulfill their country's interests. State sponsored terrorism can also be considered as a problem for the protection of human rights. This can be seen when a sponsored terror act results in a violation of the right to life and the right to feel safe of every individual who is within the sovereign territory of the target country. The implication of state sponsored terrorism then causes overlapping jurisdictions between the International Court of Justice and the Security Council in enforcing international law so that the settlement of cases is still unclear.
Pelanggaran Hak Asasi Manusia Terhadap Anak-Anak Dan Pertanggungjawabannya Menurut Hukum Internasional Elco, Urlialy; Wattimena, Josina Augustina Yvonne; Tuhulele, Popi
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.v3i9.1950

Abstract

Introduction: A total of 169 of the total 181 ILO member states have ratified Convention No. 182 since its adoption in 1999. This means that these countries have committed to take immediate and effective action to prohibit and eliminate all forms of worst child labour. One of the ILO member countries that are committed is the Philippines.Purposes of the Research: The purpose of this study is to analyze and find out that human rights violations against children in the Philippines can be classified as crimes against humanity, to analyze and determine the responsibility of the perpetrators according to international law and, as one of the requirements in completing studies at the law faculty.Methods of the Research: The method used is a normative juridical research method with an analytical descriptive type, a process to find rules, principles, and legal doctrines in order to answer the legal information at hand.Results of the Research: The results showed that Human Rights Violations in the Philippines can be classified as human crimes because the types of crimes that can be classified as crimes against humanity, are: murder, extermination, slavery, deportation, exploitation and other inhumane acts committed against the civilian population, or persecution. on political, racial or religious grounds in the commission of or in connection with crimes within the jurisdiction of the Court. Because exploitation is a type of crime that can be qualified as a crime against humanity, the Human Rights Violations in the Philippines can be classified as human crimes. Perpetrators of sexual exploitation of children in the Philippines can be held accountable under international law because in international law perpetrators of sexual exploitation of children have violated human rights, especially regarding the Convention on the Rights of the Child. In addition, the Philippines has established special rules regarding human trafficking as stipulated in the Republic of Indonesia Law Number 9208 or known as the Anti-Trafficking Law in 2003.
Pengaturan Hak-hak Masyarakat Adat atas Sumber Daya Alam Berdasarkan Internasional Covenant On Economic, Social and Cultural Rights (ICESCR) Sahlan, Sahlan; Anwar, Arman; Wattimena, Josina Augustina Yvonne
TATOHI: Jurnal Ilmu Hukum Vol 4, No 3 (2024): Volume 4 Nomor 3, Mei 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i3.2137

Abstract

Introduction: According to national law, the protection of the rights of indigenous peoples has been regulated in Law Number 11 of 2005 concerning ratification of the ICESCR, but in practice violations of the rights of indigenous peoples still occur.Purposes of the Research: This writing aims to examine and find out the arrangements for the rights of indigenous peoples over natural resources based on the ICESCR and the rights of indigenous peoples on natural resources that have been implemented in accordance with the ICESCR.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), conceptual approach (conceptual approach) and case approach (case 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 arrangements for the rights of indigenous peoples over natural resources based on the ICESCR contained in Articles 6 to 25 recognize the basic rights of everyone in the economic, social and cultural fields. Included are indigenous peoples who are legal subjects so they have rights and obligations. The rights of indigenous peoples over natural resources have not been implemented in accordance with the ICESCR legal instruments, even though Indonesia itself has ratified these legal instruments with Law no. 11 of 2005 so that there is a responsibility or obligation for the State to submit and comply with this instrument.
Legalitas Invasi Militer Terhadap Kedaulatan Teritorial Negara Dan Pertanggungjawabannya Hetharie, Brandon Tanner; Kainama, Marthinus; Wattimena, Josina Augustina Yvonne
TATOHI: Jurnal Ilmu Hukum Vol 4, No 2 (2024): Volume 4 Nomor 2, April 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i2.2126

Abstract

Introduction: Military invasion is the act of deploying a country's armed forces into the sovereign territory of another country with the aim of controlling, replacing the existing government, taking part of the territory and even helping the region to secede from its parent country. In reality, military invasions are often carried out, such as Russia's military invasion of Ukraine in 2022.Purposes of the Research:  The purpose of this study is to examine and find out the legality of military invasions against state territorial sovereignty and its responsibility.Methods of the Research: This research is a normative juridical research is a document study (using legal sources such as laws and regulations, court decisions, legal theories and / or opinions of scholars). In simple terms, this type of research is also called doctrinal legal research, literature or document studies.Results of the Research: The results of this study show that the legality of military invasion of a country's territorial sovereignty is not justified in international law. The regulation of military invasion is recognized as an act of aggression stipulated in article 3 of UN General Assembly Resolution 3314 and reinforced as a crime of aggression in article 8 bis paragraphs 1 and 2 of the Rome Statute. Military invasion is also a violation of a country's sovereignty based on the UN Charter article 2 paragraphs 1 and 4, Kellog-Briand pact, Declaration on Rights and Duties of States. If a military invasion leads to war, it must be subject to the provisions of jus war. The form of state responsibility for acts of military invasion of a country's territorial sovereignty is in the form of satisfaction (submission of a memorandum of apology) to the injured state followed by the withdrawal of armed forces with a guarantee that it does not repeat the action and makes compensation in the form of giving a sum of money or compensation is not a sum of money known as nonpecuniary.
Perlakuan Diskriminatif Terhadap Pengungsi Kulit Hitam Di Ukrainperlakuan Diskriminatif Terhadap Pengungsi Kulit Hitam Di Ukraina Pattiasina, Niken Vira; Wattimena, Josina Augustina Yvonne; Hattu, Vondaal Vidya
TATOHI: Jurnal Ilmu Hukum Vol 4, No 1 (2024): Volume 4 Nomor 1, Maret 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i1.2117

Abstract

Introduction: When the Russian invasion of Ukraine caused thousands of refugees to seek refuge in neighboring countries, not a few of the black refugees were discriminated against and made it difficult for Ukrainian border officials to find protection. This fact illustrates the violation of Human Rights, especially for black refugees, because it is not in accordance with the 1951 Convention and the 1967 Protocol. This makes the author examine the Discriminatory Treatment of Black Refugees in Ukraine.Purposes of the Research: This study aims to examine how discriminatory treatment of black refugees can be qualified as a violation of human rights, how is the responsibility of UNHCR in dealing with the issue of refugees being discriminated againstMethods 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 discussedResults of the Research: The results obtained from this study are, discriminatory treatment of black refugees can be qualified as a violation of Human Rights because it violates the principles of Human Rights which are jus cogens, and is not in accordance with the rights of refugees as regulated in the 1951 Convention and 1967 Protocol. Then the responsibility of UNHCR (United Nations High Commissioner for Refugees) in dealing with the issue of discrimination against black refugees is coordinating with the Government of Ukraine and third countries or countries that provide asylum, in providing protection by providing facilities and ensuring that refugees are treated equally in fulfilling their rights, to find safe and appropriate shelter.
Analisis Yuridis Penegakan Hukum Terhadap Warga Negara Asing Sebagai Pelaku Tindak Pidana Keimigrasian Taekedangan, Fahrul Resa; Wattimena, Josina Augustina Yvonne; Supusepa, Reimon
SANISA: Jurnal Kreativitas Mahasiswa Hukum Vol 3, No 2 (2023): Volume 3, Nomor 2, Oktober 2023
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sanisa.v3i2.1892

Abstract

Introduction: Immigration as stated in Chapter 1 Article 1 number (1) of Law Number 6 of 2011 concerning Immigration is a matter regarding the movement of people entering or leaving the territory of the Republic of Indonesia and the supervision of foreigners in the territory of the Republic of Indonesia. The arrival of foreign nationals can actually have a positive impact, as in this era of globalization it can help develop tourism levels and develop economic investment in various regions. However, many people do not know that crimes often occur when foreign nationals come to Indonesia, for this reason the problem studied in this paper is how to overcome immigration crimes committed by foreign nationals.Results of the Research: Efforts to overcome immigration crimes committed by foreign citizens by means of prevention and deterrence. Prevention is a temporary prohibition on certain people leaving the territory of Indonesia for certain reasons. Meanwhile, deterrence is a temporary prohibition on certain people from entering Indonesian territory based on certain reasons. The implementation of prevention and deterrence is the authority of the Ministry of Law and Human Rights issued through the Directorate General of Immigration. There is a need for the government and law enforcement officials to play a role in preventing and dealing with immigration crimes committed by foreign citizens.
Deportasi Anak-Anak Dalam Konflik Bersenjata Sebagai Kejahatan Hak Asasi Manusia Papilaya, Juventhia Elvanri; Wattimena, Josina Augustina Yvonne; Peilouw, Johanis Steny Franco
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.v2i1.13692

Abstract

ABSTRACT: War crimes often occur against civilians, namely children who are illegally deported or illegally detained. Of course, it is very contrary to international legal rules. The problems in this writing include how to regulate deportation in international law. Apart from that, can the deportation of children in armed conflict be classified as a human rights crime. The method used is a normative juridical research method with a qualitative type of analysis with interpretative analysis and conceptually tends to be directed at finding, identifying, managing and analyzing legal materials to understand the meaning, significance and relevance. The objectives to be achieved point to the dramatic evolution and extensive codification of human rights law, so it can be said "that human rights law makes a major contribution to the law of state accountability". Thus, it can be argued that state responsibility law regarding losses suffered by foreigners, in this case children who are victims of deportation, and human rights law have a close and reciprocal relationship. In line with the development of law and human rights, the law of state responsibility regarding losses experienced.
Co-Authors Adwiyah, Aiin Widya Rhabiatul Arman Anwar Bandjar, Muhaimin Bahriansyah Corputty, Frandy Army Damura, Fahira Ode Dyah Ridhul Airin Daties Elco, Urlialy Halima Hanafi, Irma Hattu, Vondaal Vidya Hayer, Karel Neju Heatubun, Alowisya Natalia Hetharie, Brandon Tanner Kainama, Marthinus Latubual, Godlief Niclas Wenetama Leatemia, Wilshen Lekatompessy, Ludya Grafilia Lesnussa, Vanesia Luhulima, Yusran Baginda Matakena, Jenesya Susye Noya, Ekberth Vallen Nunumete, Verly Papilaya, Juventhia Elvanri Pattiasina, Niken Vira Peilouw, Johanis Steny Franco Pollatu, Maretz Popi Tuhulele, Popi Riry, Welly Angela Rutumalessy, Karina Alishe Sahlan Sahlan Siahaya, Brian S Silooy, Charlos Josse Sinay, Susan Laura Soumena, Ajwar Supusepa, Reimon Taekedangan, Fahrul Resa Tahamata, Lucia Charlota Octovina Waas, Richard Marsilio Yusuf, Rifadli Mahram