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Sosialisasi Hukum Tentang Pengaturan Kewenangan Pengelolaan Wilayah Pesisir Hanafi, Irma Halimah; Riry, Welly Angela
AIWADTHU: Jurnal Pengabdian Hukum Volume 4 Nomor 1, Maret 2024
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/aiwadthu.v4i1.1831

Introduction: Coastal areas are areas where land and sea meet, towards land, coastal areas include parts of land, both dry and submerged in water, which are still influenced by sea properties such as tides, sea breezes and the expansion of salt water towards the sea, including parts of the sea that it is still influenced by natural processes that occur on land such as sedimentation and fresh water flows. Management of coastal areas and small islands is carried out through coordinating planning, utilization, supervision and control of coastal and small island resources carried out by the government and regional governments, between land and marine ecosystem sectors, as well as between science and management to improve people's welfare. In this regard, the authority to manage coastal areas is regulated in several statutory regulations which can cause problems regarding which institution has the authority to manage coastal areas, especially in Ambon Bay.Purposes of Devotion: The aim of this community service activity (PKM) is to ensure that the Ambon Bay coastal community, especially the community in Wayame Village, understands the authority of institutions in regulating coastal area management and also to obtain suggestions and input from coastal communities directly which can become study material for the Government. Method of Devotion: Activities are carried out in the form of outreach to the community with the stages of implementing community service in outline starting from: (1) Preliminary Data Collection; (2) Community Service Activities take the form of socialization; (3) Evaluation of Community Service activities.Results of the Devotion: The lack of public understanding regarding the role and function of institutional management of the Ambon Bay coastal area means that it needs to be reviewed so that its duties and roles in carrying out, improving the social and economic life of the community, especially those who live around the Ambon Bay coastal area, can increase. To improve the standard of living of coastal communities, an empowerment program can be launched for fishermen who are the main source of livelihood for communities in coastal areas. Empowerment is carried out through developing alternative livelihoods, increasing access to capital for fishermen, increasing access to technology, both fishing/cultivation technology and processing of fishery products, facilitating fishermen to obtain a decent market.

Pelanggaran Wilayah Udara Indonesia Oleh Pesawat Asing Menurut Hukum Internasional Tiwery, Zepty Fence; Hanafi, Irma Halima; Riry, Welly Angela
Balobe Law Journal Volume 4 Issue 1, April 2024
Publisher : Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/balobe.v4i1.2046

Introductioan: Indonesian airspace violation committed by a foreign aircraft in the case of the forced landing of a Boeing 777 foreign cargo plane on January 14, 2019. The aircraft entered Indonesian airspace without permission or Flight Clearance (FC) so it had to be forcibly landed by the Indonesian Air Force at Hang Nadim International Airport, Batam, Riau Islands. Such violations are clearly contrary to applicable law.Purposes of the Research: Know the regulation of Indonesian airspace according to international law and how law enforcement in Indonesian airspace.Methods of the Research: Normative juridical which conducts research on law based on laws and regulations related to the problem under study. The research approach carried out is the concept approach, legislation approach and case approach.Results of the Research: The regulation of Indonesian airspace according to international law must use the provisions of international law such as the Chicago Convention of 1944 and Law No.1 of 2009, Government Regulation No.4 of 2018 and Law No.34 of 2004. Law enforcement in Indonesian airspace still experiences limitations and obstacles due to the fact that foreign aircraft can enter. Therefore, there are still many obstacles in surveillance and defense equipment because it does not have radar that has the ability to detect incoming foreign aircraft so that the TNI must coordinate first..

Pengaturan Tentang Penerbangan Komersial Dan Tanggung Jawab Negara Hardianti, Hardianti; Hanafi, Irma Halimah; Riry, Welly Angela
TATOHI: Jurnal Ilmu Hukum Vol 3, No 10 (2023): Volume 3 Nomor 10, Desember 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i10.1958

Introduction: In transportation activities, the risk of an accident is an unavoidable thing so that unification of arrangements regarding this matter is an absolute thing to do.Purposes of the Research: This study aims to find out and examine how the regulation regarding the flight of commercial aircraft in the air space of a country is reviewed from international law and how the form of state responsibility when a commercial aircraft is shot down is reviewed from international law Methods of the Research: This writing uses a normative type of legal research, which is carried out by studying theories, concepts, legal principles, and laws and regulations. In this study, the author used 2 approaches, namely the statutory approach, and the case approach.Results of the Research: The results showed that the International air law Regulation related to the parties' obligation to regulate the safety of commercial flights crossing its airspace must be in accordance with the Chicago Convention of 1944. These arrangements are made so that flights that cross the airspace of other countries can be kept safe and secure. Iran's shooting down of Ukrainian plane PS752 has violated provisions in the 1944 Chicago Convention on its airspace in an armed dispute. Therefore, Iran must take responsibility for this incident. In the future, firmness and increased cooperation with various parties are needed so that safety and security in international flights and national flights can be achieved.

Kudeta Dalam Perspektif Hukum Internasional Souisa, Pelpina Dina Febriska; Rehatta, Veriana Josepha Batseba; Riry, Welly Angela
TATOHI: Jurnal Ilmu Hukum Vol 3, No 9 (2023): Volume 3 Nomor 9, November 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i9.1949

Introduction: Article 33 paragraph (1), 52 of the United Nations Charter and Article 2 paragraph 2 letter (f) of the ASEAN Charter provide space for International Law to be involved in efforts to resolve Dispute Problems (Coup) by using an approach to protecting human rights that involves a State but in fact until now International Law has never participated in efforts to resolve the Government Conflict which was taken through the Coup on the State of Myanmar.Purposes of the Research:To examine or analyze the coup in the perspective of International Law and to examine and discuss the legitimacy or legality of government through a coup.Methods of the Research: The research method used is normative juridical research, the type of research is descriptive analytical. The sources of legal materials used are primary, secondary and tertiary legal materials. The technique of collecting legal materials used in this research is through literature study. The analysis of legal materials is descriptive qualitative.Research Results: The results showed that: 1). International Law on Change of Government through Coup has never been regulated in detail because it is part of the rights of a State that cannot be interfered with in the internal affairs of its State, but an insistence can be made to become a place of negotiation and mediation for both parties who are fighting for power by using the UN Charter. Article 1, Article 2, Article 33 paragraph 1 and Article 52 as well as the ASEAN Charter Article 1 and Article 2 paragraph 2 letter (f) are related to the Protection of Human Rights. 2). The legality of the government obtained through a coup until now has never been specifically regulated in international law, but when viewed from the point of view of the birth of a country, namely 1. the existence of a government, 2. territory, 3 inhabitants, and 4. recognition from other countries. The legality of the government obtained through the coup d'etat can be said to be valid if it gets recognition from other countries (which in this case is part of (State Politics) in International Relations).

Penegakan Hukum Terhadap Pelanggaran Hak Asasi Manusia Ditinjau Dari Hukum Internasional Sahad, Indri Yulia; Tuhulele, Popi; Riry, Welly Angela
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.v2i1.13691

ABSTRACT: Based on the Universal Declaration of Human Rights (UDHR) in article 18 which states "everyone has the right to freedom of thought, heart, conscience, religion, in this case it means the freedom to change religion or belief, by teaching it, practicing it, worshiping or obeying it, whether alone or together with other people, in public or alone.” China Sentences Uyghur Woman to 14 Years in Prison for Teaching Islam The Chinese government reportedly arrested and sentenced a Uyghur Muslim named Hasiyet Ehmet to 14 years in prison just for teaching Islam and keeping a copy of the Koran. The discussion that will be studied in this writing is to find out and analyze the forms of violations of Uighur Muslims by the Chinese government and to know and analyze the enforcement of International Human Rights law against the Chinese government, even though it has not ratified the 1998 Rome Statute. In accordance with the problems raised, then The type of research used in this writing is normative juridical legal research. Legal research is a process of discovering legal rules, legal principles and legal doctrines in order to answer the legal issues faced. This research uses a normative juridical research method, the nature of the research used is descriptive research, the problem approach used in the research is a statutory approach (statute opproach). Conceptual approach and case approach. The results of this research are expected to provide benefits both theoretically and practically. The results of this research are that violations committed by the Chinese government against the Uyghur community include violations of religious freedom, arbitrary detention, mass torture and ill-treatment, as well as increasingly widespread control over daily life. And human rights violations that occurred in China after the enactment of the ICC. This is for the UN Security Council to exercise its powers in adjudicating human rights violations in China.

Acts Of Omission Dan Tanggung Jawab Negara Dalam Perlindungan HAM Internasional Layn, Mirna Waty; Peilouw, Johanis Steny Franco; Riry, Welly Angela
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.v4i5.2438

Introduction: If we look at the cases of violations of human rights in the United States where youths aged 18 years used firearms to commit acts of murder, it is therefore clear that these violations of human rights must still be accounted for in accordance with the provisions that apply to the International Law Commission and the International Covenant on Civil and Political Rights (ICCPR).Purposes of the Research: This writing aims to examine and find out the arrangements regarding Acts Of Omission in international human rights instruments and state accountability in Acts Of Omission as a form of human rights protection.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), dan 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 show that the provisions concerning acts of omission in international human rights instruments are contained in the Universal Declaration of Human Rights. The protection provided by the state is part of respect for human dignity. The Universal Declaration of Human Rights proclaimed a common standard of achieving well-being for all people and all nations. This declaration includes all rights under civil-political rights (ICCPR) as well as economic, social and cultural rights (ICESCR).

International Legal Aspects of Whale Hunting by Indigenous Legal Communities Tahalea, Rensy Elma Tahalea; Daties, Dyah Ridhul Airin; Riry, Welly Angela
TATOHI: Jurnal Ilmu Hukum Volume 4 Issue 11, January 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i11.2841

Introduction: Greenland in Denmark, Siberia in Russia, Bequia in the island nation of Saint Vincent and the Grenadines, Alaska in the United States, Canada and the Faroe Islands located in the North Atlantic Ocean are some of the countries that still practice traditional whaling. Unlike Japan, which conducts commercial whaling and uses modern tools. Indonesia is a country that recognizes indigenous peoples and their customary law in the constitution. The Leva Nuang tradition or Lewa tradition is a tradition of the Lamalera people in East Nusa Tenggara Province in carrying out whaling in a traditional way for their own needs. Whales themselves are protected animals in the Convention on International Trade In Endangerad Species of Wild Fauna and Flora (CITES 1973).Purposes of the Research: The issue discussed in this paper is how international legal instruments regulate whaling and how international law protects the right of indigenous peoples to carry out whaling traditions.Methods of the Research: The research method used is normative juridical, using a concept approach, a statutory approach and a case approach. The sources of legal materials used are primary, secondary, and tertiary legal materials. Analysis of such legal materials uses qualitative analysis techniques.Results of the Research: The results showed that the Convention on International Trade In Endangerad Species of Wild Fauna and Flora (CITES 1973) regulates protected animals, one of which is whales. There is also an international legal instrument governing whaling, the International Convention for the Regulation of Whaling (ICRW 1946). The Government of Indonesia ratified CITES 1973 on December 15, 1978 through Presidential Decree Number 43 of 1978. However, the 1946 ICRW Convention and ILO Convention 169 on Indigenous Peoples have not been ratified by the Indonesian government. Nevertheless, the Indonesian government recognizes and protects the rights of indigenous peoples, including the Leva Nuang tradition or Lewa tradition.

Responsibility of States, Individuals and Legal Entities Towards Marine Pollution Riry, Welly Angela; Waas, Armelia Febriyanti; Leatemia, Wilshen; Hattu, Vondaal Vidya; Noya, Ekberth Vallen
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.v5i1.2983

Introduction: Marine environmental pollution is a global concern today because it has an impact on environmental sustainability and the use of marine resources. This problem not only affects the national interests of coastal countries, but also has implications for the welfare of all mankind.Purposes of the Research: Examine and analyze regulations on the protection of the marine environment from pollution, as well as the responsibility of the state, legal entities, and even individuals for marine pollution.Methods of the Research: This research is a normative research using a legislative approach with the sources of legal materials used are primary, secondary and tertiary legal materials with qualitative analysis.Results of the Research: Pollution of the marine environment is a global challenge that requires international cooperation. UNCLOS 1982 has established rules regarding the responsibilities of states, legal entities, and individuals in efforts to prevent, reduce, and handle marine pollution. Along with the increasing exploitation of marine resources, both in the energy and transportation sectors, the risk of pollution, especially due to oil spills, is getting higher. Therefore, national regulations that are aligned with international standards are needed to ensure the sustainable protection of the marine environment as well as effective accountability and compensation mechanisms for affected parties.

Perlindungan Hutan Amazon Berdasarkan Konvensi UNFCCC (United Nations Framework Convention On Climate Change) Aponno, Frederika; Hanafi, Irma Halima; Riry, Welly Angela
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.v3i1.19700

: In recent years, forests have become rare due to human activities. The decreasing number of trees has an impact on the forest's ability to absorb pollution in the air. Deforestation is the main cause of forest destruction. Forest protection in this modern era is becoming increasingly important because forests have a very large role in maintaining the balance of the global environment, providing important ecosystem services, including absorbing carbon dioxide as previously explained. Raising the issue of forest protection as a global agenda is a strategic effort to increase awareness and global cooperation in stopping the rate of forest destruction. Various global forums under the United Nations (UN) have supported the implementation of sustainable forest management (Sustainable Forest Management/SFM) at the national, regional and international levels. The research method used in researching and discussing this problem is normative juridical which uses a legislative approach and a conceptual approach. The legal materials used are primary, secondary and tertiary legal materials. The results of this study emphasize that there is a need for closer international cooperation, both between countries that have the Amazon Forest and with donor countries, to increase funding and technology in conservation efforts. Then it is important to increase public education and awareness about the importance of the Amazon Forest, so that it can involve local communities in efforts to protect and manage forest resources. In addition, it is hoped that the UN can ensure that forest protection is integrated into national and local development plans, so that there is no conflict between economic development and environmental conservation.

Legal Socialization Related to the Protection of Marine Resources in the Coastal Areas of Ambon Bay Riry, Welly Angela; Hanafi, Irma Halimah
AIWADTHU: Jurnal Pengabdian Hukum Volume 5 Issue 2, July 2025
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/aiwadthu.v5i2.2486

Introduction: Maluku is a province with its marine characteristics, automatically also has a coastal area. In coastal areas, it also has various functions and important roles for human life, namely hydrologically it plays a role in the preservation of soil and water resources on land, in addition to that it is also related to the preservation of the function of natural ecosystems which from an ecological point of view is a place for the development of various types of fish, shrimp and other marine life, from a biogeophysical point of view as a supporting area for the life of various marine biota and in addition and so on. The coastal area of Ambon Bay is also an area whose coastal area has been widely used for human activities so that there needs to be an arrangement related to the management and legal protection of its marine resources and this is important to be known by all people living around the coastal area of Ambon Bay.Purposes of The Devotion: The purpose of this is carried out so that the coastal communities of Ambon Bay, especially the people in Poka and Rumahtiga Villages, understand the management arrangements of coastal areas and legal protection related to the natural resources in them. In addition, this activity is also to get suggestions and input from coastal communities directly which can be study material for the Government. Method of The Devotion: The method of service is by providing legal socialization to the community about legal protection of marine resources in the coastal area of Ambon Bay.Results Main Findings of the Devotion: The findings of this service activity show that there are problems that often occur around the coastal area of Ambon Bay, namely environmental degradation, coastal erosion, uncertainty in natural resource management, vulnerability to natural disasters, socio-economic changes, to marine pollution and overfishing. Discussions with the community also found that there are violations of the law that can occur even though the frequency and type of violations vary such as illegal fishing, overexploitation, marine pollution due to household and market waste, as well as the destruction of mangrove ecosystems and coral reefs and lack of compliance with zoning regulations.

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