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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 : PATTIMURA Law Study Review

 1 
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.
Pelindungan Hak Asasi Manusia Dalam Konflik Bersenjata Non Internasional Di Myanmar Hayer, Karel Neju; Wattimena, Josina Augustina Yvonne; Leatemia, Wilshen
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.v2i1.13693

Abstract

ABSTRACT: A non-international armed conflict occurred in Myanmar as a result of a military coup which triggered a wave of protests and demonstrations. Human rights violations occurred by the Myanmar military and ethnic armed groups, including mass killings, rape and sexual violence. The aim of this research is to examine and understand human rights violations committed by parties involved in the non-international armed conflict in Myanmar, to examine and determine the obstacles faced in protecting human rights in Myanmar during the non-international armed conflict. The research method used is Normative Juridical research. The problem approaches used are the statutory approach, concept approach and case approach. Sources of legal materials used are primary, secondary and tertiary legal materials. procedures for collecting legal materials and processing analyzes of prescriptive legal materials through methods of interpretation, harmonization, systematicity, and legal discovery. The research results show that in the non-international armed conflict in Myanmar, a series of serious human rights violations occurred. This includes the use of force against civilian demonstrators, arbitrary arrests, and repression of pro-democracy activists. In addition, there were reports of acts of torture and sexual violence. There are a number of obstacles in protecting human rights in Myanmar during non-international armed conflicts.
Tanggung Kelompok Bersenjata Non Negara Pada Wilayah Konflik Yang Di Kendalikan Dan Pertanggung Jawabannya Lekatompessy, Ludya Grafilia; Wattimena, Josina Augustina Yvonne; Leatemia, Wilshen
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.v2i1.13694

Abstract

ABSTRACT: The armed conflict in Syria involves the Syrian government and rebels on behalf of their organized group the Free Syrian Army (FSA). The Syrian Army has attacked most of the rebel areas in Eastern Ghouta. The armed conflict has caused many problems and misery, especially for the civilian population. Starting from suicide bomb attacks, rocket attacks, and firearms attacks, using civilians as human shields to protect themselves from enemy attacks, often blocking or making it difficult for civilians to access humanitarian assistance, such as food, clean water, and medical care, recruiting children under the age of 18 to participate in armed conflict, and have committed gross violations of human rights, such as murder, torture, rape, and forced displacement of civilians. The research method used in analyzing and discussing the problem is normative, this research is focused on the purpose of examining and knowing the position of non-state armed groups in non-international armed conflicts in controlled areas and non-state groups can be held accountable when not meeting the basic needs of the civilian population in controlled areas. The results of the study state that the position of non-state armed groups in conflict is based on Additional Protocol II to the 1949 Geneva Convention Article 1 paragraph 1. Also in the regulation of humanitarian law contains guarantees of the rights of everyone in the conflict area and limits the power of warring parties not to take actions that are beyond the bounds of humanity. And non-state armed groups that are in conflict can be held accountable for the civilian population, when they do not meet the basic needs of the civilian population in controlled areas. Because the UN Security Council considers that non-state actors have international obligations under international law. If they do not meet the basic needs of the civilian population, they can be responsible for human rights violations and crimes against humanity to protect the civilian population in the area.
Pengaturan Dan Pemenuhan Hak Pendidikan Anak Anak Pengungsi Di Negara Transit Berdasarkan Hukum Internasional Siahaya, Brian S; Wattimena, Josina Augustina Yvonne; Noya, Ekberth Vallen
PATTIMURA Law Study Review Vol 3 No 1 (2025): April 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.v3i1.19702

Abstract

Since the completion of the international convention on refugees (Convention Relating To The Status Of Refugees) in 1951 plus the 1967 protocol (Protocol Relating To The Status Of Refugees), until now Indonesia has not ratified the Convention into a form of legislation due to several obligations that according to the government are still not possible to ratify the convention. This type of research is normative juridical where the research is conducted by collecting primary, secondary and tertiary data obtained using literature studies. The collected data is analyzed qualitatively, the description of which is arranged systematically based on legal disciplines to achieve clarity on the problems to be discussed. The results of this study indicate that transit countries are required to provide protection for children trapped in migration or refugee situations. Article 3: States that every decision taken regarding children must prioritize the best interests of the child. Transit States must ensure that any policies or measures they take do not harm children in their care or custody, Articles 28 and 24 Transit States must ensure children’s access to education and health services, even if they are migrants or refugees. Refugee children have the right to an adequate education, and transit States must provide such access without discrimination, and the 1951 Convention relating to the Status of Refugees and its 1967 Protocol require States not to return individuals who are at risk of harm, including children. In transit States, if a child is at risk of abuse, exploitation or other threats in their country of origin, they should not be returned.
Jurisdiksi International Criminal Court (ICC) Terhadap Presiden Rusia Vladimir Putin Berdasarkan Ketentuan Hukum Humaniter Internasional Tuasalamony, Rauda Fil Jannah; Wattimena, Josina Augustina Yvonne; Anwar, Arman
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.v3i3.14380

Abstract

The International Criminal Court (ICC) is important in enforcing international law, especially against serious crimes. In March 2023 the ICC issued an arrest warrant for President Vladimir Putin regarding his crimes against humanity and war crimes, even though Russia is not a member country of the ICC. The issues in this writing include, whether Russian President Vladimir Putin can be arrested by the International ICC under the provisions of International Humanitarian Law and whether Russian President Vladimir Putin can be held accountable to the ICC under the provisions of International Humanitarian Law. The research method applied is normative legal research by studying legal library materials through statutory, case, and conceptual approaches and using quanlitative analysis. Research results show that the ICC has limited jurisdiction and cannot outperform national courts, it does not have the power to enforce arrest and accountability without Russia's cooperation. Russia also has veto rights at the UN, so Russia can use its veto rights to protect its national interests. Even though it is difficult for the ICC to arrest and hold Putin accountable, the arrest warrant affects Russia's political and diplomatic relations. The research aims to serve as input for legal science, especially in International Law related to the Arrest and Accountability of Russian President Vladimir Putin to the ICC Based on the Provisions of International Humanitarian Law.
Penggunaan Balon Udara untuk Tujuan Spionase dan Implikasi Terhadap Hukum Internasional Atmodjo, Kevin Christian; Wattimena, Josina Augustina Yvonne; Peilouw, Johanis Stenly Franco
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.v3i3.14939

Abstract

This research analyzes a violation of airspace sovereignty by unmanned free balloons for espionage purposes. Each country has full and exclusive sovereignty over its entire territory which includes the surface of the earth and the contents of the earth beneath the surface, including air space. A country that violates sovereignty over airspace without permission entails responsibility for the passing country towards the lower country. The research method used is normative juridical using problem approaches such as the statute approach, conceptual approach, and case approach. The research findings show that unmanned free balloons are the same as the classification of aircraft regulated in Annex 2 of the 1944 Chicago Convention regarding unmanned free balloons which are defined as unpowered, unmanned, and lighter than air aircraft in air flight. The use of unmanned free balloons for espionage purposes in peacetime has no legal regulations, so that they have implications for violations of state sovereignty which give rise to state responsibility. ICAO or International Civil Aviation Organization needs to reconstruct the legal ground towards unmanned free balloons usage outside the function of meteorological purposes in order to avoid the false accused and declare specified sanctions towards the violators.
Yurisdiksi International Criminal Court dalam Penyelesaian Kasus Kejahatan Perang Oleh Kepala Negara Pesurnay, Dominique Geraldine Grizelda; Wattimena, Josina Augustina Yvonne; Leatemia, Wilshen
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.v2i3.23321

Abstract

On March 27, 2023, the International Criminal Court issued a warrant for the arrest of the Russian Head of State, Vladimir Putin, for alleged war crimes committed in Ukraine. Russia itself is not a member state of the 1998 Rome Statute so this case highlights the contradictions in the application of the International Criminal Court's jurisdiction and the enforcement of international humanitarian law under the 1998 Rome Statute. The purpose of the research is to analyze and find out whether the status of a state that does not ratify the 1998 Rome Statute affects the validity of the arrest warrant of the head of state issued by the International Criminal Court and the settlement of war crimes cases by the head of state according to the International Criminal Court. The research method that the author uses is normative juridical research method as well as, statutory approach, case approach and conceptual approach. The results of this study show that the International Criminal Court has four types of jurisdiction: personal, material, temporal, and territorial. If a state is unwilling or unable to address these issues, then the International Criminal Court's jurisdiction will apply. In Vladimir Putin's case, his war crimes on Ukrainian territory fall within the territorial jurisdiction of the International Criminal Court, making the arrest warrant issued automatically valid. Heads of state, as high-ranking government officials, are treated as equals before the International Criminal Court, as emphasized in Article 27 of the 1998 Rome Statute. The case resolution procedure would then be the preliminary examination, investigation, pre-trial stage, trial stage, appeal stage, and sentencing. Vladimir Putin will enter the pre-trial stage after his arrest.
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.
Kekuatan Hukum Resolusi Dewan Keamanan PBB Terhadap Gencatan Senjata Bachtiar, Adjid Akbar; Anwar, Arman; Wattimena, Josina Augustina Yvonne
PATTIMURA Law Study Review Vol 2 No 2 (2024): Agustus 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.v2i2.23833

Abstract

The functions of the UN Security Council are to maintain international security and order. Therefore, according to the UN Charter, all UN member states are obliged to comply with UN Security Council resolutions in settling inter-State disputes, but in reality, resolutions adopted by the United Nations Security Council are not adhered to by States, as is the UN security Council resolution on a ceasefire not observed by Israel in the Israeli-Palestinian war. The types of research used are Juridical Normative, research approaches using legislative approaches case approaches, historical approaches and comparative, and conceptual approaches. The sources of legal material are primary, secondary and tertiary legal material. The technique of collecting legal material in this research is through a library study, then qualitatively analyzed. The results of this study show that under Article 25 of the United Nations Charter, UN Security Council resolutions are binding on all UN member states in the settlement of international disputes. In the case of an Israeli-Palestinian war, Israel is obliged to comply with UN Security Council resolution No. 2728 of 2024 on a ceasefire. Israel's failure to comply with the said resolution could result in the imposition of legal sanctions on Israel, such as the suspension of its special rights as a member of the United Nations (Article 5 of the Charter), the expulsion of a State from membership of the UN (Artikel 6 of the charter), economic embargoes under Chapter VII of this Charter (Art. 41 of that Charter) and military sanctions (Act. 42 of that charter) as well as the establishment of an International Criminal Tribunal by the UN Security Council to prosecute serious human rights offenders. (Pasal 29 Piagam).
Pengungsi Rohingnya dan Tindakan People Smuggling dalam Hukum Internasional Kaliky, Sultan Kanon; Wattimena, Josina Augustina Yvonne; Noya, Ekberth Vallen
PATTIMURA Law Study Review Vol 2 No 2 (2024): Agustus 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.v2i2.23858

Abstract

Humanitarian disputes throughout the world continue, causing discomfort for those who suffer from these problems, so they try to seek refuge in several countries that are considered safe to avoid conflicts in other countries. When they calm down, people will come together to save themselves from human cruelty towards each other. The aim of the writing carried out by the author is to analyze and discuss the arrival of Rohingya refugees in Indonesia and the act of human smuggling. The research method used by the author is normative juridical where research is carried out to obtain data through literature studies, namely various literature and scientific materials, brochures and so on. The research results show that the regulation of human trafficking crimes, both at the international and national levels, can influence (or cloud) the international protection that should be provided to asylum seekers. However, on the other hand, human smuggling can weaken asylum seekers and potentially violate the principle of non-refoulement.
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 Silooy, Charlos Josse Sinay, Susan Laura Soumena, Ajwar Supusepa, Reimon Taekedangan, Fahrul Resa Tahamata, Lucia Charlota Octovina Tuasalamony, Rauda Fil Jannah Waas, Richard Marsilio Yusuf, Rifadli Mahram