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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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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.
Akibat Hukum Penentuan Nasib Sendiri Menurut Hukum Internasional (Kasus Di Papua Barat) Pollatu, Maretz; Wattimena, Josina Augustina Yvonne; Waas, Richard Marsilio
TATOHI: Jurnal Ilmu Hukum Vol 4, No 7 (2024): Volume 4 Nomor 7, September 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i7.2462

Abstract

Introduction: Legal independence by contract in international law is a form of self-deception (the right to self-determination), so that self-deception is a right that must also be emphasized more so that countries can follow it. Purposes of the Research:  The purpose of this writing is to study and find out the legal consequences according to international law (the case in West Papua).Methods of the Research: This study uses a normative juridical method with the legal materials used in the research being primary, secondary and tertiary and the procedure and analysis of legal materials in the research through the process of collecting legal materials then studied, read, studied, classified, and analyzed qualitatively.Results of the Research: The legal consequences of the problem regarding Benny Wenda's statement are not in accordance with international law so that the legal consequences are faded towards a certain legal situation because the State of Indonesia is a sovereign country through the process of fighting for human rights and state values based on democratic references.
Pemberantasan Kejahatan Perbankan Antar Negara Yang Belum Melakukan Perjanjian Ekstradisi (Studi Kasus Maria Pauline Lumowa) Lesnussa, Vanesia; Wattimena, Josina Augustina Yvonne; Tahamata, Lucia Charlota Octovina
TATOHI: Jurnal Ilmu Hukum Vol 4, No 6 (2024): Volume 4 Nomor 6, Agustus 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i6.2450

Abstract

Introduction: There are many phenomena of corruption where the perpetrators flee abroad, making it difficult to eradicate corruption. Based on data from Indonesia Corruption Watch (ICW) there are more than 30 fugitives for corruption who have fled abroad and resulted in state losses of around IDR 53 trillion. Indonesia as a country prone to corruption requires international cooperation in dealing with cross-border crimes such as economic crimes in the banking sector.Purposes of the Research: This paper aims to analyze and find out the extradition mechanism in banking crimes for countries that have not entered into an extradition treaty. As well as to analyze and find out legal remedies to return criminal assets to the state according to law return of criminal assets to the state according to international law.Methods of the Research: The research method in this writing is a qualitative analysis method, the type of research is normative research, the research approach used is the statutory approach, the case approach, and the concept approach. The procedure for collecting legal materials uses primary legal materials, secondary legal materials and tertiary legal materials.Results of the Research: The results of the study show that the mechanism or procedure for extradition requests between countries that have not entered into an extradition agreement is the same as the mechanism or procedure for extradition requests with extradition agreements, while legal remedies for returning assets resulting from criminal acts to countries according to international law there are two ways of resolution, namely, first through mutual legal assistance and secondly based on good relations between the two countries this has been regulated in Article 51 and Article 58 of UNCAC 2003
Konflik China Dan Taiwan Dalam Tinjauan Hukum Internasional Nunumete, Verly; Wattimena, Josina Augustina Yvonne; Tahamata, Lucia Charlota Octovina
TATOHI: Jurnal Ilmu Hukum Vol 4, No 5 (2024): Volume 4 Nomor 5, Juli 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i5.2439

Abstract

Introduction: It is necessary to know that international law is basically a collection of applicable legal provisions defended by the international community. The current understanding of international law is law that refers to the relationship between one country and another, between a country and international organizations, which give rise to the rights and obligations of each country and international institutions. The Taiwan Air Force reported that at least 19 Chinese fighter jets, including nuclear bombers, entered their Air Defense Identification Zone (ADIZ) air defense zone on Sunday, May 9, 2021. Purposes of the Research: This study aims to study and understand the relationship between China and Taiwan in terms of international law and to examine and understand the penetration of Chinese fighter planes into Taiwan violating Taiwan's sovereignty in terms of international law.Methods 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 discussed.Results of the Research: The results obtained from this study are that the territorial sovereignty of the State is the most important thing in the case of relations between China and Taiwan according to international law. The territorial sovereignty of the State is a guarantee in upholding the meaning that the state has full power rights to exercise its territorial rights within the boundaries of its territory. This has been expressly regulated and stipulated in the provisions of international law as international law regulates the state to have the authority to be responsible and overcome violations of sovereignty in the territory of the country. As in the case of the conflict, the intrusion of Chinese fighter planes into Taiwan clearly violated the sovereignty of the State's territory, more specifically the territory of Taiwan, as well as impacted relations for the two countries. contrary to the applicable laws and regulation
Urgensi Ratifikasi International Labour Organization 169 Sebagai Bentuk Perlindungan Hukum Terhadap Masyarakat Adat Bandjar, Muhaimin Bahriansyah; Wattimena, Josina Augustina Yvonne; Leatemia, Wilshen
TATOHI: Jurnal Ilmu Hukum Vol 4, No 4 (2024): Volume 4 Nomor 4, Juni 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i4.2429

Abstract

Introduction: Judging from the cases of indigenous peoples disputes, the efforts of the Indonesian state to speed up the ratification of ILO convention 169 will minimize the occurrence of cases that occur in indigenous peoples because there is protection for the indigenous peoples themselves. This situation prompted the development and adoption of ILO Convention 169, which aims to protect indigenous peoples and their rights.Purposes of the Research: This writing aims to examine and find out about ILO Convention 169 which regulates legal protection for indigenous peoples and why it is important for ILO Convention 169 to be ratified as a form of legal protection for indigenous peoples.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), and conceptual approach (conceptual 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 ILO Convention 169 which regulates the legal protection of indigenous peoples, to ensure the implementation of the contents of this Convention, the responsibility lies in the hands of the government (ILO member ratifying ILO Convention No.169) to develop, coordinate and take systematic action in order protect the rights of Indigenous Peoples and Indigenous Peoples, and ensure recognition of their integrity. ILO Convention 169 is important to ratify as a form of legal protection for indigenous peoples and to strengthen the legal rights of Indigenous Peoples who mostly live in forest areas, the human rights of minorities are very difficult to be able to enjoy their rights on their own land.
Rekrutmen Private Military Contractors Yang Dilakukan Negara Dibolehkan Dalam Hukum Internasional Yusuf, Rifadli Mahram; Wattimena, Josina Augustina Yvonne; Tahamata, Lucia Charlota Octovina
TATOHI: Jurnal Ilmu Hukum Vol 4, No 10 (2024): Volume 4 Nomor 10, Desember 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i10.2796

Abstract

Introduction: Private Military Contractors (PMC) are former military personnel employed by private military companies or what are known as Private Military Companies/Private Military Contractors (PMC). The widespread use of military contractors in armed conflicts such as the one in Iraq has raised problems in international law, especially international humanitarian law related to the use of military contractors. The involvement of its members in armed conflicts often results in unclear status in International Humanitarian Law, with many assuming that PMCs are the same as paid soldiers.Purposes of the Research: The aim of the research is to determine the legal status of PMSCs in the invasion of Iraq by the United States (US) based on applicable international law and to analyze the responsibility of the United States (US) as the party that used PMCs in the invasion of Iraq which has caused many problems for Iraq.Methods of the Research: The research method used is normative juridical using a case approach, conceptual approach and statutory approach.Results of the Research: The results of this research show that the legal status of mercenaries is legally recognized in accordance with the 1949 Geneva Convention and confirmed in Additional Protocol 1 of 1977 Article 47 paragraph (1) that: "A mercenary is not entitled to the status of a combatant or prisoner of war" and Sanctions which can be applied in violations of International Law, namely, Complaint, Reprisal, and Payment of Compensation or Compensation.
Tanggungjawab Negara Arab Saudi Dalam Pelanggaran Terhadap Hukum Diplomatik Rutumalessy, Karina Alishe; Wattimena, Josina Augustina Yvonne; Waas, Richard Marsilio
TATOHI: Jurnal Ilmu Hukum Vol 4, No 8 (2024): Volume 4 Nomor 8, Oktober 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i8.2469

Abstract

Introduction: Countries in the world that live side by side must establish cooperative relations with one another. Relations between these countries require various rules so as to give birth to diplomatic and consular provisions, namely in the Vienna Convention on Diplomatic Relations and the Vienna Convention on Consular Relations. However, it is undeniable that even though it has been regulated in such a way, violations of the provisions of international law cannot be avoided because they are closely related to human relations. For example, the violations committed by Saudi Arabia.Purposes of the Research: This writing aims to find out the violations of Diplomatic Law committed and the form of accountability that must be fulfilled by Saudi ArabiaMethods of the Research: Using Normative Legal Research Type. This type of research will be carried out by examining and analyzing primary and secondary legal sources that are related to the problem being studied using a statute approach, a case approach, and a conceptual approach.Results of the Research: Based on this research, it can be concluded that Saudi Arabia has been proven to have violated diplomatic law by violating various principles that regulate the course of relations between countries and the provisions of the Vienna Convention on Diplomatic Relations and the Vienna Convention on Consular Relations. Thus, based on the provisions of the Responsibility of States for Internationally Wrongful Acts, Saudi Arabia can be held responsible for its mistakes in the form of giving restitution, compensation, or actions that cause satisfaction, for example, a formal apology
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
Implementasi Konvensi Hak-Hak Anak 1989 ( United Nations Convention On the Right of the Child ) Terhadap Pelanggaran Hak Asasi Anak Di Belarusia Sinay, Susan Laura; Wattimena, Josina Augustina Yvonne; Noya, Ekberth Vallen
SANISA: Jurnal Kreativitas Mahasiswa Hukum Vol 5, No 1 (2025): Volume 5, Nomor 1, April 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sanisa.v5i1.3025

Abstract

Introduction: Child protection is all efforts made to create conditions so that every child can exercise their rights and obligations for the proper development and growth of children physically, mentally and socially. Child protection is a manifestation of justice in a society, thus child protection is sought in various fields of state and social life. Child protection activities have legal consequences, both in relation to written and unwritten law The Convention of Rights of the Child was ratified by the United Nations General Assembly on November 20, 1989, and entered into force on September 2, 1990. The Convention on the Rights of the Child is an instrument that formulates universal principles and legal norms regarding the position of children. As such, the Convention on the Rights of the Child is an international human rights treaty that incorporates civil, political, economic and cultural rightsPurposes of the Research:  Analyze and discuss the form of sanctions against perpetrators of violations of children's rights in Belarus and analyze and discuss the regulation of the protection of children's rights based on the 1989 United Nations Convention on the Rights of the Child.Methods of the Research: This type of research is normative juridical where the research is carried out by collecting primary, secondary and tertiary data obtained using literature studies. The data that has been collected is analyzed qualitatively in which the description is arranged systematically based on legal disciplines to achieve clarity of the problems to be discussed.Results / Findings / Novelty of the Research: The results of this study indicate that violations of children's rights in Belarus that have occurred have not been responded to properly, the State as an actor has not yet carried out its role and function as a protector of its citizens. The perpetrators of violations have not yet been prosecuted, therefore it is necessary to affirm human rights observers to continue to oversee violations of children's rights that occur in Belarus
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