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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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Journal : balobe law journal

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The Practice of the Death Penalty in Middle Eastern Countries Reviewed from the Perspective of International Law Damura, Fahira Ode; Wattimena, Josina Augustina Yvonne; Tuhulele, Popi
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.v5i1.2414

Abstract

Introduction: Issues surrounding the application of the death law are still a topic of concern, especially in the context of its implementation. The debate continues, especially between countries that have abolished the death penalty and countries that still apply it. Those who support the death penalty argue that this step is still necessary for cases of serious crimes that threaten other individuals' human rights.Purposes of the Research: To study and understand how the death penalty is carried out in Middle Eastern countries and also to study and understand the views of international law in minimizing the practice of the death penalty in Middle Eastern countries.Methods of the Research: This writing uses a normative juridical research method, with the problem approaches used being the statutory approach, conceptual approach and case approach. The sources of legal materials in this writing are primary, secondary and tertiary legal materials. The technique for collecting legal materials uses library research which is then analyzed qualitatively to answer the problems being studied.Results of the Research: The research results show the practice of the death penalty in Middle Eastern countries, especially Saudi Arabia, Iran and Egypt, as well as the suitability of its implementation with international legal instruments such as the ICCPR and UDHR. It found that although several countries have ratified these instruments, the practice of the death penalty often contravenes human rights principles, especially regarding the fairness of legal proceedings and the death penalty for the most serious crimes. To minimize the use of the death penalty, it is recommended that Middle Eastern countries carry out in-depth legal reforms, including abolishing the death penalty for non-serious cases and increasing dialogue with the international community to respect and protect human rights.
Legality of United Nations Resolutions on the Restriction of the Use of Nuclear Weapons by States of Legality Matakena, Jenesya Susye; Wattimena, Josina Augustina Yvonne; Daties, Dyah Ridhul Airin
Balobe Law Journal Volume 5 Issue 2, October 2025
Publisher : Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/balobe.v5i2.2409

Abstract

Introduction: Countries' non-compliance with UN resolutions regarding the prohibition of testing and use of nuclear weapons is due to the position of the resolution which is still classified as Soft Law due to the presence of elements that violate it and are less binding. The use of nuclear weapons can also threaten human life, thereby giving rise to international state responsibility as regulated in the Draft Articles on Responsibility of States for Internationally Wrongful Act.Purposes of the Research: The aim of this research is to examine the legality of the UN resolution on spreading the use of nuclear weapons and the relationship between the Draft Articles on Responsibility of States for Internationally Wrongful Act and the UN resolution.Methods of the Research: The method used is normative juridical with a problem approach, namely a regulatory, case and context approach. Sources of legal materials are primary, secondary and tertiary legal materials. Legal material collection techniques use library research and qualitative analysis.Results of the Research: The legality or binding power of UN General Assembly resolutions is found in three approaches, namely the Customary Law Approach, New Souce Approach, Grey Zone or Soft Law and the legality or binding force of UN Security Council resolutions and the existence of moral force. The relationship between UN resolutions and the Draft Articles on Responsibility of States for Internationally Wrongful Act was established to prevent actions that are not in accordance with international law, so that UN Security Council resolutions can be the basis for state accountability if there are indications of non-compliance with sanctions issued by the Security Council.
Violation of the Refugee Convention and the Compliance of Ratified Countries Siahaya, Tirza; Wattimena, Josina Augustina Yvonne; Daties, Dyah Ridhul Airin
Balobe Law Journal Volume 6 Issue 1, April 2026
Publisher : Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/balobe.v6i1.2408

Abstract

Introduction: Starting the internal conflict of the refugee crisis, Syria as a refugee country which is a domino effect of the Arab Spring phenomenon where the conditions of the Arab countries began the transition from a country with a monarchical system to a democratic system, making Syria one of the largest refugee countries heading to the European Union through Greece. However, Greece's refusal to allow Syrian refugees to enter Greece has led to Greece being found to have expelled and rejected refugees who attempt to enter Greece.Purposes of the Research: Examine and understand the binding force of the Convention Relating to the Status of Refugees 1951 according to international treaty law. Examine and know the responsibility of States that have ratified the Convention Relating to the Status of Refugees 1951, but do not carry out their responsibilities.Methods of the Research: Using exploratory normative research methods, the problem approaches used are the statute approach, the theoretical approach, and the case approach. The sources of legal materials in this writing are primary, secondary and tertiary legal materials. The technique of collecting legal materials uses a literature study which is then analyzed qualitatively to answer the problems studied.Results of the Research: The responsibility and compliance of the Greek State that has ratified the Convention Relating to the Status of Refugees 1951 towards refugees. Violating an important responsibility regarding refugees is the principle of non-refoulement which prohibits the State from expelling or forcing refugees back where the refugees would face threats to the life and freedom of the refugees. Greece as a party to an international treaty cannot give a reason for not complying with a treaty for national reasons. This makes Greece not comply with and fulfill the obligations of a mutually agreed agreement. Countries that have ratified have a much greater responsibility in their efforts to handle and protect refugees.
Co-Authors Adwiyah, Aiin Widya Rhabiatul Arman Anwar Atmodjo, Kevin Christian Bachtiar, Adjid Akbar 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 Kaliky, Sultan Kanon Latubual, Godlief Niclas Wenetama Leatemia, Wilshen Lekatompessy, Ludya Grafilia Lesnussa, Vanesia Luhulima, Yusran Baginda Matakena, Jenesya Susye Moa, Maria Regina Noya, Ekberth Vallen Nunumete, Verly Papilaya, Juventhia Elvanri Pattiasina, Niken Vira Peilouw, Johanis Stenly Franco Peilouw, Johanis Steny Franco Pesurnay, Dominique Geraldine Grizelda Pollatu, Maretz Popi Tuhulele, Popi Riry, Welly Angela Rutumalessy, Karina Alishe Sahlan Sahlan Siahaya, Brian S Siahaya, Tirza Silooy, Charlos Josse Sinay, Susan Laura Soumena, Ajwar Supusepa, Reimon Taekedangan, Fahrul Resa Tahamata, Lucia Charlota Octovina Titaley, Gracio Sulistyo Tuasalamony, Rauda Fil Jannah Waas, Richard Marsilio Yusuf, Rifadli Mahram