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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum Uti Possidetis: Journal of International Law TATOHI: Jurnal Ilmu Hukum Balobe Law Journal PATTIMURA Legal Journal PATTIMURA Law Study Review SASI
Peilouw, Johanis Steny Franco
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Law, Crime, Criminology & Criminal Justice

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Journal : PATTIMURA Law Study Review

 1 
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

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

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.
Tindakan Menaiki Kapal Asing Yang Melintasi Pelayaran Internasional Oleh Militer Negara Lain Siwabessy, Elsa Jhon; Peilouw, Johanis Steny Franco; Leatemia, Wilshen
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.v3i1.19699

Abstract

The concept of "Res communis" which states that the sea belongs to the common property of all people of the world. In a video released by the Iranian Navy, a group of soldiers of the Islamic Revolutionary Guard Corps (IRGC) plunge aboard the Advantage Sweet oil tanker bound for Houston in the Gulf of Oman on Thursday, April 27. This type of research is normative juridical where research is carried out by collecting primary, secondary and tertiary data obtained using literature studies. The collected legal materials are analyzed qualitatively, the elaboration of which is systematically arranged based on legal disciplines. Based on the results of the research, freedom on the high seas is regulated in the United Nations Convention on the Law of the Sea (UNCLOS 1982) which is the basis of international law on the high seas that gives the right to freedom of navigation to all ships. This includes the right to sail, fly, and perform other maritime activities without hindrance. Regulations on the high seas are regulated by UNCLOS 1982 in Article 87 concerning freedom on the high seas, namely, freedom of navigation, freedom of flight, freedom to install submarine cables and pipelines, freedom to build artificial islands, freedom to fish and freedom of scientific research. in the act of Iran boarding the Adventage Sweet, on the international shipping channel. cannot be justified because this is a direct violation of the provisions of the 1982 Convention, one of which is freedom of navigation in international seas. This action is a violation because the ship is not proven to have committed a violation.
Perlindungan Objek Sipil Dalam Peristiwa Penyerangan Rumah Sakit Pada Konflik Bersenjata Internasional Angriani, Lysa; Anwar, Arman; Peilouw, Johanis Steny Franco
PATTIMURA Law Study Review Vol 3 No 2 (2025): Agustus 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.v3i2.14154

Abstract

: International Humanitarian Law was created for humanitarian reasons to limit the consequences of armed conflict. Provisions in International Humanitarian Law prohibit all forms of attacks, repressive measures, or violence against civilian objects; this includes hospitals, which receive special protection. Regulations on the protection of hospitals as civilian objects are based on Article 19 of the Geneva Convention I, Article 22 of the Geneva Convention II, and Article 27 of the Hague Convention IV. Violations of these are categorized as war crimes based on Article 8 paragraph 2 letter b number ix of the 1998 Rome Statute. War crimes, in this case Israel carrying out attacks on Palestinian hospitals in Gaza, can be tried in accordance with the jurisdiction of the ICC and with the authority of the UN Security Council if Israel cannot carry out law enforcement processes in accordance with its national law.
Pengawasan Pada Wilayah Perbatasan Laut Suatu Negara Imbiri, Rival Jou; Peilouw, Johanis Steny Franco; Leatemia, Wilshen
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.v2i2.23857

Abstract

Indonesia is an archipelagic country with many natural resources. With the ratification of UNCLOS 1982, Indonesia's maritime territory became wider. This opens up opportunities for legal violations due to lack of supervision in border areas, such as the entry of Rohingya refugee ships into Indonesian territory. Apart from the influx of Rohingya into Indonesian waters, various kinds of legal violations also occur in Indonesian waters, one of which is the case of illegal fishing which is very detrimental to the Indonesian state. This type of research is normative juridical where research is carried out by collecting primary, secondary and tertiary data. obtained using literature study. The results of this research show that supervision of Indonesia's maritime border areas has been carried out in accordance with the provisions stipulated in the 1982 Convention on the Law of the Sea. By ratifying UNCLOS 1982, Indonesia has issued and established national legislation relating to supervision and law enforcement at sea. . Apart from that, Indonesia also has various ministries/institutions that have the authority to carry out supervisory and law enforcement functions in Indonesian maritime areas. Legal problems faced by Indonesia in carrying out supervision in maritime border areas include overlapping roles, duties and functions (authorities) and regulations, weak coordination between agencies that have authority at sea, the absence of special institutions that have dimensional functions including supervision and law enforcement. , and limited facilities and infrastructure used to monitor and enforce laws in maritime areas.
Co-Authors Angriani, Lysa Arman Anwar Corputty, Frandy Army Dyah Ridhul Airin Daties Fitrah, Jihan Halima Hanafi, Irma Harling, Firstjuan Imanuel Van Imbiri, Rival Jou Kainama, Marthinus Layn, Mirna Waty Leatemia, Wilshen Luhulima, Yusran Baginda Papilaya, Juventhia Elvanri Pattiwaellapia, Vigor Popi Tuhulele, Popi Rehatta, Veriana Josepha Batseba Riry, Welly Angela Samuel, Wayan Dharmayana Siwabessy, Elsa Jhon Titalessy, Andre Toisuta, Chayenne Rosele Yohana Uktolseja, Juniar Sammy Waas, Richard Marsilio Wattimena, Josina Augustina Yvone Wattimena, Josina Augustina Yvonne Yanubi, Yustinus Stevanus