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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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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.
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.
Self Defense Yang Dilakukan Oleh Amerika Serikat Terhadap Jenderal Soleimani Dalam Prespektif Hukum Internasional Adwiyah, Aiin Widya Rhabiatul; Anwar, Arman; Wattimena, Josina Augustina Yvonne
PATTIMURA Legal Journal Vol 1 No 1 (2022): April 2022 PATTIMURA Legal Journal
Publisher : Postgraduate Program Doctoral in Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (847.053 KB) | DOI: 10.47268/pela.v1i1.5937

Abstract

Introduction: The use of armed force is generally prohibited under international law, and is permitted only in two exceptions, namely when a country acts in selfdefense or when the United Nations gives it the right to respond to acts of aggression. Purposes of the Research: This study will examine the legitimacy of the use of armed force in the implementation of self-defense, and whether the use of self-defense by America is in accordance with the concept of self-defense regulated in international law. Methods of the Research: This research is a normative legal research, using a descriptive analytical research type using primary, secondary, and tertiary legal materials. The approach used is the statutory approach, the conceptual approach, and the case approach. The technique of collecting legal materials uses a literature study which is then analyzed qualitatively to answer the problems studied. Results Originality of the Research: The legality of the use of armed force in the right to self-defense is regulated in article 51 of the UN charter provided that an armed attack has occurred first, and must be reported to the UN Security Council beforehand. The concept of self-defense that America did to General Soleimani was not in accordance with the provisions in article 51 of the charter. In addition, America violated the laws of war because attacks were carried out in peacetime and targeted killings of certain commanders of a country violated human rights.
Konsep Pemenuhan Hak Atas Pangan Bagi Masyarakat Di Wilayah Perbatasan Pada Masa Pandemi Covid-19 Luhulima, Yusran Baginda; Wattimena, Josina Augustina Yvonne; Peilouw, Johanis Steny Franco
PATTIMURA Legal Journal Vol 2 No 1 (2023): April 2023 PATTIMURA Legal Journal
Publisher : Postgraduate Program Doctoral in Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pela.v2i1.7560

Abstract

Introduction: The right to food is a very important right to fulfill, because without food, the survival and welfare of society cannot be realized. Purposes of the Research: Studying and knowing the concept of legal protection and fulfilling the right to food for people in border areas during the covid-19 pandemic. Methods of the Research: This study uses a normative legal research method with a descriptive analytical type of research. Results Originality of the Research: The results of the study show that the impact of the spread of the covid-19 pandemic has caused the fulfillment of the right to food for people in border areas to experience obstacles and is not fulfilled properly.
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.
Embargo as an Act of International Law Enforcement Silooy, Charlos Josse; Wattimena, Josina Augustina Yvonne; Riry, Welly Angela
LUTUR Law Journal Vol 6 No 1 (2025): May 2025 LUTUR Law Journal
Publisher : Program Studi Hukum Diluar Kampus Utama Universitas Pattimura Kabupaten Maluku Barat Daya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/lutur.v6i1.22903

Abstract

,,This research was motivated by the invasion carried out by Russia against Ukraine, which caused other countries such as the United States and its allies to take a stance by imposing an embargo on Russia. The purpose of this study is to determine whether an embargo can be implemented as a law enforcement measure and its impact on countries that violate international law. The research method used in this study is normative legal research, namely by analyzing legal problems in laws and regulations that are related to the problem being studied. The problem approach used is a conceptual approach, using primary legal material sources as a reference to complete the writing and collection of legal materials carried out using library techniques. Based on the research results, an embargo can be carried out as an international law enforcement measure by the Security Council as regulated in Article 41 of the UN Charter as an action that does not use armed force (non-military) in maintaining world security and peace. An embargo is an international law enforcement measure that is soft in the sense that this action is gentle and not harsh like the use of aggressive military. The impact of an embargo on a country that violates international law against another country such as Russia does not have a significant impact. However, the impact of implementing an embargo is that the embargo can put pressure on countries that violate international law to return to complying with international law. The implementation of an embargo must be carried out carefully so that it does not have a broad impact on human rights such as women, children and the elderly.
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.
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 Titaley, Gracio Sulistyo Tuasalamony, Rauda Fil Jannah Waas, Richard Marsilio Yusuf, Rifadli Mahram