Wattimena, Josina Augustina Yvonne
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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.