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ASEAN Charter and Regional Micro, Small and Medium Enterprises Development Daties, Dyah Ridhul Airin; Peilouw, Johanis Steny Franco
Balobe Law Journal Volume 3 Issue 2, October 2023
Publisher : Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/balobe.v3i2.1521

Introduction: Micro, Small and Medium Enterprises (MSMEs) are a prominent sector in the Asian region that is proven to support the economy, especially developing countries. Although important, it is not uncommon for countries to ignore these independent economic initiatives.Purposes of the Research: This paper aims to provide a brief overview of ASEAN's role in the development of MSMEs in the Region which is the mandate of the ASEAN Charter.Methods of the Research: This research was conducted by conducting a normative juridical approach. Literature review and related secondary data.Results of the Research: The results showed that MSMEs are one of the efforts to realize the economic goals of the Region as stated in the ASEAN Charter. Behind its strategic role for the national and regional economies, MSMEs still often face various challenges, both internally, such as limited capital and technology, as well as externally, including issues related to licensing, raw materials, marketing to integration efforts into regional and global production chains. For this reason, ASEAN's role is very important, especially to implement the Strategic Action Plan for SME Development (SAPSMED) 2016-2025 with the vision of 'Globally Competitive and Innovative SME’.

Analisis Hukum Internasional Tentang State Sponsored Terrorism Corputty, Frandy Army; Wattimena, Josina Augustina Yvonne; Peilouw, Johanis Steny Franco
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.v3i10.1957

Introduction: State is one of the subjects of international law that has the responsibility to protect the human rights of every individual within its sovereign territory. However, the facts show that there are countries that become sponsors or in other words the state provides support either directly or indirectly to terrorist groups to carry out their actions. This term is known as state sponsored terrorism which requires global attention considering that terrorism cases that occur often have links to the state.Purposes of the Research: 1. Review and discuss the regulation of State Sponsored Terrorism in International Law. 2. Review and discuss the implications for the enforcement of International Law.Methods of the Research: This study uses a normative juridical method with an analytical perspective using primary, secondary, and tertiary legal materials. This research technique is a literature study based on international legal regulations, scientific works and other literature related to state sponsored terrorism.Results of the Research: International law arrangements related to state sponsored terrorism still require special attention due to the large number of cases and indications of states being involved. Given that state sponsored terrorism is the root of various terrorism cases around the world. This shows that the international legal instruments that existed before the International Convention for the Suppression of the Financing Terrorism and United Nations Convention Against Transnational Organized Crime were considered unable to prevent and prohibit countries from sponsoring terrorists caused by the absence of the universal definition of terrorism. It is proven by international violations committed by sponsoring countries in order to fulfill their country's interests. State sponsored terrorism can also be considered as a problem for the protection of human rights. This can be seen when a sponsored terror act results in a violation of the right to life and the right to feel safe of every individual who is within the sovereign territory of the target country. The implication of state sponsored terrorism then causes overlapping jurisdictions between the International Court of Justice and the Security Council in enforcing international law so that the settlement of cases is still unclear.

Anak Sebagai Enemy Combatant Dalam Hukum Humaniter Uktolseja, Juniar Sammy; Peilouw, Johanis Steny Franco; Hanafi, Irma Halimah
TATOHI: Jurnal Ilmu Hukum Vol 4, No 3 (2024): Volume 4 Nomor 3, Mei 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i3.2136

Introduction: Children are the successor to the nation's generation. Children need physical and mental protection. Human rights are human rights since birth. Some countries, make children as objects of crime; ter violence.Purposes of the Research: To understand and analyze whether children as enemy combatants can be justified by humanitarian law, and to find out and describe legal protection for children as enemy combatants in accordance with humanitarian law.Methods of the Research: The research method is used to find and process data according to the research objectives and solve the problems raised by researchers.Results of the Research: The war that occurred resulted in many casualties and damage to the country's infrastructure. Children are victims of war, they don't know why war happened. Child participation in con. Children who are involved in armed conflicts and fall into the hands of enemies, then children who are held captive are entitled to special protection as stated in the third Geneva Convention of 1949. Humanitarian law.

Kebijakan Bebas Visa di Tengah Pandemic Covid 19 dan Implikasinya Bagi Stabilitas Nasional Indonesia Berdasarkan Hukum Keimigrasian Fitrah, Jihan; Peilouw, Johanis Steny Franco; Tuhulele, Popi
TATOHI: Jurnal Ilmu Hukum Vol 4, No 2 (2024): Volume 4 Nomor 2, April 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i2.2127

Introduction: The government is currently trying to reduce the spread of COVID-19 in various ways. The issuance of the Circular of the COVID-19 Handling Task Force is an effort to deal with the COVID-19 pandemic. Not only does it regulate the lives of citizens in the country, the government has also decided to close the door for foreigners from abroad to enter. The ban on the entry of foreigners has even been increased since January 1 2021 All foreigners are prohibited from entering Indonesian territory, except for some groups who are excluded such as foreigners with Limited Stay Permits (ITAS), Permanent Stay Permits (ITAP), and Service and Diplomatic Stay Permits.Purposes of the Research: To find out about how the visa-free policy is regulated in the midst of the Covid 19 pandemic based on immigration law and what are the implications for national stability based on the principle of selective policy.Methods of the Research: The research method used is normative juridical. by using (state approach) and (statute approach). And sources of primary, secondary and tertiary legal materials as well as literature studies, then analyzed qualitatively.Results of the Research: The results of this study indicate that the visa-free policy has so far been stopped temporarily until the Covid 19 pandemic is declared over by the government. We can see this in the current Minister of Law and Human Rights, namely Minister of Law and Human Rights Number 34 of 2021 concerning Granting Visas and Immigration Stay Permits during the Handling Period of the Spread of Corona Virus Disease 2019 and National Economic Recovery. Over time, on April 6, the Ministry of Law and Human Rights, in this case the Director General of Immigration, issued a new policy regarding granting Free Visit Visas for special tours and Visit Visas on Arrival/VoA specifically for tourism which are listed in the Director General of Immigration Circular Letter Number IMI-0603.GR.01.01 2022 regarding Immigration Facilities in the Context of Supporting Sustainable Tourism During the 2019 Corona Virus Disease Pandemic. In the circular letter, foreigners who are allowed to enter using visa-free are 9 ASEAN countries. The nine ASEAN countries are Brunei Darussalam, the Philippines, Cambodia, Laos, Malaysia, Myanmar, Singapore, Thailand and Vietnam.

Perspektif Hukum Internasional Terhadap Suku Bangsa Kurdi yang Stateless Titalessy, Andre; Peilouw, Johanis Steny Franco; Rehatta, Veriana Josepha Batseba
TATOHI: Jurnal Ilmu Hukum Vol 4, No 1 (2024): Volume 4 Nomor 1, Maret 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i1.2116

Introduction: The background of this research is that citizenship is a form of identity that allows individuals to feel the meaning of ownership, rights and social obligations in the political community (state). The Universal Declaration of Human Rights (UDHR) confirms that everyone has the right to a citizenship.Purposes of the Research: Writing aims to determine the arrangement of International Law against a person who has no citizenship and to know the implementation of International Law against ethnic Kurds.Methods of the Research: This type of research is normative law, namely research that uses secondary data sources with data sources consisting of primary, secondary and tertiary legal materials. The data collection technique used was library research, namely research carried out by collecting various kinds of literary literature either through print media or online media with data collection tools in the form of document studies.Results of the Research: The results of this study indicate that international law has provided rules for a person who has no nationality, including the Universal Declaration of Human Rights, the 1954 Geneva Convention Concerning the Status of Stateless Persons and the 1961 Geneva Convention Concerning the Reduction of Statelessness, the Declaration on the Rights of Persons -Persons of National or Ethnic, Religious and Linguistic Minorities and the International Convention on the Elimination of All Forms of Racial Discrimination. International law has provided clear arrangements for resolving statelessness. But ethnic Kurds in Syria still do not enjoy citizenship rights. The participation of the state government is needed in tackling this.

Pertanggungjawaban Extrajudicial Killing Dalam Hak Asasi Manusia Toisuta, Chayenne Rosele Yohana; Peilouw, Johanis Steny Franco; Daties, Dyah Ridhul Airin
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.v2i1.13690

ABSTRACT: Amnesty International reported that the Myanmar Military in early 2021 carried out executions on the spot without trial or Extrajudicial Killing of more than 1000 Myanmar civilians, after the coup of Aung Sang Su Kyi which turned out to be a crime often committed by government officials in other countries such as the Philippines, Indonesia, and Bangladesh. The purpose of this study is to know and understand Extrajudicial Killing as a violation of human rights and a form of state accountability for perpetrators of Extrajudicial Killing. The research methods that the author uses are normative juridical research methods as well as, legal approach, case approach and conceptual approach. The results that the authors conclude show that Extrajudicial Killing is a violation of human rights as stipulated in the 1948 Universal Declaration of Human Rights, the 1966 International Covenant on Civil and Political Rights, the 1966 International Covenant on Economic, Social and Cultural Rights, the 2016 Minnesota Protocol, the 1998 Rome Statute and the 2013 ASEAN Declaration of Human Rights. Extrajudicial Killing is a violation of the right to life which is a human right protected by the UDHR and ICCPR 1966. Based on this, the perpetrators of extrajudicial killings must be held accountable as stipulated in the Articles of States Responsibility on International Wrongful Acts 2001.

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: 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.

Legalitas Drone (Pesawat Tanpa Awak) Sebagai Alat Melakukan Mata-Mata Dalam Perang Harling, Firstjuan Imanuel Van; Peilouw, Johanis Steny Franco; Hanafi, Irma Halimah
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.v4i7.2461

Introduction: The use of drone technology as a weapon of war raises several problems, both in terms of action and consequences. In terms of action, when drones are used as weapons, participants in armed conflict are no longer just humans fighting each other, but between (non-living) robots against living (humans). Apart from the legality of war and the use of drones as weapons of war, drone attacks can be carried out secretly, at any time and without the knowledge of the enemy.Purposes of the Research: This writing aims to examine and find out the use of drones (unmanned aircraft) as a tool for espionage in International Humanitarian Law and more specific rules regarding the use of drones (unmanned aircraft) as a tool for spying in war.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), conceptual approach (conceptual approach) and case approach (case 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 use of drones (unmanned aircraft) as a tool to carry out espionage in International Humanitarian Law, is contained in Article 36 of Additional Protocol I to the 1977 Geneva Convention. Article 36 intends to maintain the development of weapons used both by countries and international organizations to continue to respect, maintain and not cross the boundaries of existing international humanitarian law principles. The current arrangement is too old and cannot be definitively binding. The use of drones as weapons has been carried out in the absence of an adequate legal regulation on this matter, Article 36 of Additional Protocol I of 1977 only contains general matters regarding the development of weapons technology and methods of warfare, but does not specifically and specifically regulate the use of drones. The absence of legal rules that specifically and specifically regulate the use of drones, which relate to their use as weapons, this will open up enormous opportunities for misuse and violations of international humanitarian law.

Pencemaran Pada Selat Internasional dan Tanggung Jawab Negara Pemilik Kapal Samuel, Wayan Dharmayana; Kainama, Marthinus; Peilouw, Johanis Steny Franco
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.v4i6.2451

Introduction: The many phenomena of sea pollution that often occur, especially in international straits as a result of ship activities, make this problem an urgent matter. Considering that Indonesia is an archipelagic country with a total of 17,500 islands and 70% of the sea area and only 30% of the land area.Purposes of the Research: The purpose of writing in this research is to know and understand the regulation of international law of the sea for pollution that occurs in international straits and to know and understand the responsibilities of ship-owning states based on international law.Methods of the Research: Qualitative analysis research method, normative legal research type, problem approach using three problem approaches namely statutory approach, conceptual approach and case approach. Source legal materials primary legal materials, secondary legal materials and also tertiary legal materials.Results of the Research: The results of the study prove that pollution in international straits has been regulated in an international law, namely in the 1982 UNCLOS, and in terms of the responsibility of the ship owner state adheres to the principle of absolute responsibility (strict liability) as stated in the 1969 CLC but not all cases can be Using this principle, only cases that have a large impact on the environment can use this principle, for example the case of an oil spill in a country's marine environment.

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).

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