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All Journal 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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Intervensi China Terhadap Pembukaan Kantor Perwakilan Diplomatik Taiwan Di Negara Lain Pattiwaellapia, Vigor; Peilouw, Johanis Steny Franco; Waas, Richard Marsilio
TATOHI: Jurnal Ilmu Hukum Vol. 4 No. 4 (2024): Volume 4 Nomor 4, Juni 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i4.2430

Abstract

Introduction: According to the Montevideo Convention, States must have a government, have defined territories, have diplomatic relations with other countries, and have a permanent population.Purposes of the Research:  The purpose of this research was to find out the arrangements for opening a diplomatic representative office in a country and how China's intervention in opening a representative diplomatic office is in accordance with diplomatic law, that Taiwan has a unique position in being to friendly internasional law. Demestically Taiwan has Methods of the Research: The research method used is normative legal research method. The problem approach used is the statutory approach, the conceptual approach. The legal materials used are primary legal materials and secondary legal materials. Procedures and Collection of Legal Materials using the method of inventorying laws and regulations and Processing and Analysis of legal materials using data analysis techniques with deductive logic.Results of the Research: Based on the results of the research, it can be concluded that Taiwan has a unique position in being friendly to international law. Domestically Taiwan has all the qualities of a “formal state” including citizenship, jurisdiction, territoriality, government, and sovereignty. Taiwan is sovereign according to the definition of international law Taiwan is the highest power that is independent from any power in running its government, but Taiwan does not have equal recognition internationally.
The Effect of the Pre-emtive Military Strike Doctrine on Efforts to Establish New International Legal Provisions Peilouw, Johanis Steny Franco
SASI Volume 28 Issue 3, September 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v28i3.1031

Abstract

Introduction: One of the interventional measures that can be justified under international law is self-defence. When there has been an armed attack, on the condition that it is instant, overwhelming situation, leaving no means, no moment of deliberation, that is a justifiable proposition for self-defence.Purposes of the Research: To examine and analyze the influence of the doctrine of pre-emtive military strike on efforts to establish new international legal provisions.Methods of the Research: This research uses normative juridical research methods with legal materials used, namely primary legal materials, secondary legal materials and tertiary legal materials. The collection technique is carried out through literature studies and then analyzed using qualitative methods.Results of the Research: The practice of some countries today in order to anticipate such an attack, pre-emtive military strikes are carried out in the context of anticipatory self-defense, with the aim of conducting self-defense before an attack occurs. The practice of anticipatory self-defence has become a serious conversation among academics, even when the act is practiced repeatedly continuously by a number of countries and recognized for its existence, it is certain to set a precedent that leads to the creation of an international customary law. Self-defence anticipatory measures applied in the doctrine of preemptive military strike have been adopted by several countries before and after the formation of the UN organization. But this has not set a legal precedent, despite efforts to make it an International custom through the practice of countries. If this is allowed to take place, it will at some point become customary international law. The application of the preemptive military strike will affect the establishment of new international law provisions.
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.
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.
Eksistensi Takhta Suci Vatikan: Relevansinya terhadap Penundukan Diri Suatu Negara Yanubi, Yustinus Stevanus; Wattimena, Josina Augustina Yvone; Peilouw, Johanis Steny Franco
Uti Possidetis: Journal of International Law Vol 3 No 2 (2022)
Publisher : Faculty of Law, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/up.v3i2.18059

Abstract

Abstract This article discusses the existence of the Holy See in the international community, especially in terms of religious spirituality to appoint bishops as part of their rights as subjects of international law. The existence of the Holy See as a subject of international law is recognized through the recognition of states against the decision to appoint bishops by the Pope. This article uses a normative juridicial method with the main source being legal materials containing normative legal rules. The decision to appoint bishops by the Pope can basically make countries submit to themselves. This is reflected in various forms of recognition by countries such as positive legal recognition, political recognition, and tacit recognition. In the context of the case with the Chinese government, it can be seen that China has made tacit recognition of the Pope's authority in appointing bishops. So that it can be firmly said that the recognition is a respect for the rights of the Holy See in accordance with international law.  
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.
Urgensi Pengaturan Private Military Contractors (PMCs) Dalam Hukum Humaniter Internasional Liminanto, Elvira; Wattimena, Josina Augustina Yvonne; Peilouw, Johanis Steny Franco
TATOHI: Jurnal Ilmu Hukum Vol. 1 No. 3 (2021): Volume 1 Nomor 3, Mei 2021
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v1i3.567

Abstract

Introduction: Private Military Contractors (PMCs) are private companies engaged in providing professional security and military services for profit. The involvement of its members in armed conflicts often results in unclear status in international humanitarian law, many assume that the PMC is the same as mercenaries. So we need in-depth analysis to distinguish the status of the two.Purposes of the Research: To analyze the working time has been regulated in International Humanitarian Law, and the position of Private Military Contractors (PMCs) in International Humanitarian Law.Methods of the Research: The method used is normative legal research. The research approach is a statutory approach and a conceptual approach. Sources of legal materials used are primary legal materials, secondary legal materials, and tertiary legal materials. The technique of collecting legal materials is through literature study and then analyzed through a perspective using qualitative methods.Results of the Research: The results showed that the regulation on mercenaries explicitly existed only in Additional Protocol I of 1977. However, in fact, provisions that resemble mercenaries have been regulated in the 1907 Hague Convention and regulated in Geneva Convention III 1949 in this convention the term mercenary has been included. (Mercenary). The unclear legal status of PMCs members, especially when working in situations of armed conflict, puts them in a gray area which has the potential to cause debate about their presence in an armed conflict which also impacts the protection of their human rights. So far, many parties have identified members of Private Military Contractors (PMCs) with mercenaries, so that a stigma has emerged that calls them "reincarnations" of mercenaries (mercenaries / soldier of fortune / dogs of war). However, the concept of mercenaries as contained in Article 47 of Additional Protocol II 1977 cannot be applied optimally to PMCs, especially to determine their legal status when serving in situations of armed conflict.
Advance Purchase Agreement Sebagai Instrumen Pembatasan Memperoleh Vaksin COVID-19 dari Perspektif Hukum Internasional Matakena, Mariah Agnes; Peilouw, Johanis Steny Franco
TATOHI: Jurnal Ilmu Hukum Vol. 1 No. 10 (2021): Volume 1 Nomor 10, Desember 2021
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v1i10.856

Abstract

Introduction: During the COVID-19 pandemic, there was a global race to procure vaccines. Developed nations were able to procure prioritized access to many vaccines through Advance Purchase Agreements with vaccine developers due to their ability to invest more money, however this restricted developing nations to procure theirs.Purposes of the Research: This issue poses the question whether Advance Purchase Agreements as a form of restriction towards the procurement of COVID-19 vaccines is accepted from the perspective of international law. Methods of the Research: Type of research used is juridical normative, that is concept of law that is textual (law in books) or concept of law as a norm as guidance to how society behave in proper manner, by using case approach, statue approach and conceptual approach.Results of the Research: The results showed that Advance Purchase Agreement’s (APA) are not acceptable from the perspective of international law. The use of APA to secure prioritized access to vaccines at the expense of developing nations infringes on their right to health hence violates the principle of good faith due to being an instrument of restriction towards ability of developing nations to procure vaccines and their right to health. Furthermore, Advance Purchase Agreements, overstep the provisions of the Declaration on the TRIPS Agreement and Public Health 1995 as well as the Declaration of the Right to Development adopted by the General Assembly 1986.
Pengaturan Private Military Contractors Dalam Perang Un-Conventional Dan Implikasinya Terhadap Tanggung Jawab Negara Johannes, Helmi Ishak; Anwar, Arman; Peilouw, Johanis Steny Franco
TATOHI: Jurnal Ilmu Hukum Vol. 2 No. 2 (2022): Volume 2 Nomor 2, April 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i2.904

Abstract

Introduction: Private Military Contractors, abbreviated as PMCs, are companies or corporations that provide services and expertise related to the military or similar fields.Purposes of the Research: This writing aims to understand and know the arrangement of private military contractors in unconventional wars. Methods of the Research: The research method in this paper uses a prescriptive analytical research type. The research approach used is a statutory approach, a conceptual approach and a case approach. The procedure for collecting legal materials uses primary legal materials and secondary legal materials through books, articles, journals and the writings of legal experts, as well as legal materials analysis techniques in this study using qualitative analysis techniques.Results of the Research: Conventional warfare is used to reduce the opponent's military capabilities directly through attacks and maneuvers, non-conventional warfare is an attempt to achieve victory indirectly through proxy forces. UW contrasts with conventional warfare where power is often disguised or poorly defined and relies heavily on subversion and guerrilla warfare. State responsibility is a fundamental principle in international law which originates from the doctrines of international jurists. State responsibility arises when there is a violation of international obligations to do something, both obligations based on international agreements and based on international customs.
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 Johannes, Helmi Ishak Kainama, Marthinus Layn, Mirna Waty Leatemia, Wilshen Liminanto, Elvira Luhulima, Yusran Baginda Matakena, Mariah Agnes 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