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All Journal Integritas: Jurnal Antikorupsi Bina Hukum Lingkungan Unes Law Review Pattimura Law Journal Uti Possidetis: Journal of International Law ABDIMASY: Jurnal Pengabdian dan Pemberdayaan Masyarakat Batulis Civil Law Review TATOHI: Jurnal Ilmu Hukum AIWADTHU: Jurnal Pengabdian Hukum Balobe Law Journal Indonesian Journal of International Law PATTIMURA Legal Journal Bina Hukum Lingkungan Golden Ratio of Data in Summary Jurnal Pengabdian Pada Masyarakat METHABDI PATTIMURA Law Study Review
Arman Anwar
Fakultas Hukum Universitas Pattimura Ambon
Religion Agriculture, Biological Sciences & Forestry Humanities Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Immunology & microbiology Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Medicine & Pharmacology Physics Public Health Social Sciences Other

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THE PRINCIPLES OF LIABILITY ON TELEMEDICINE PRACTICES Anwar, Arman
Pattimura Law Journal VOLUME 1 ISSUE 1, SEPTEMBER 2016
Publisher : Faculty of Law, Pattimura University

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Abstract

This research was aimed at analyzing and finding the principle of liability in telemedicine medical practice proportionally.This research is a legal research with the approach of statute approach, conceptual approach and comparative approach, as well as the approach to the case approach. According to Article 24 paragraph (1) of the 1945 Constitution and Article 5 (1) of Act No. 48 of 2009 on Judicial Authority, determine that the judge shall explore, and understand the legal values and sense of justice in society. Thus Article 1367 paragraph (3) BW and Article 46 of Act No. 44 of 2009 on Hospitals in the application must be in the context of the intended. The principle of liability risk in medical practice telemedicine in proportion refers to professional liability among medical practitioners telemedicine. The theoretical legitimacy is based on professional relationships in the delegation of medical action based on the code of ethics, professional standards, and service standards, and standard operating procedures. Consequences on liability does not necessarily have to be based on errors primary physician (primary care physician / PCP) or primary nurse as subordinate as mean vicarious liability doctrine. Nomenclature "proportional" in a significant liability risk as the distribution of rights and obligations of professionals in proportion to each party's fault based on the values of equality (equitability), feasibility and appropriateness (fair and reasionableness). Accountability based on the viewpoint of interactive justice according to the values of professional skill, prudence or accuracy, responsibility, and colleague and the desire to do good for the sake of healing patients (doing good).
The Cooperation Pattern between the Maluku Provincial Government and the Private Sector in the Arrangement and Normalization of Ex-Illegal Gold Mining Allegedly Prone to Corruption Anwar, Arman; Halima Hanafi, Irma; Irham, Muhammad
Integritas : Jurnal Antikorupsi Vol. 7 No. 1 (2021): INTEGRITAS: Jurnal Antikorupsi
Publisher : Komisi Pemberantasan Korupsi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32697/integritas.v7i1.721

Abstract

Buru District has been developed since 1970 as a transmigration area. The nuance of agriculture is characteristic of Buru Regency so that it is designated as a national rice granary area. However, since gold was discovered in Mount Botak and Gogrea in 2011, Buru Regency has turned into an illegal gold mining area. As a result, there is massive environmental damage and pollution caused by the use of cyanide and mercury by illegal miners. To overcome this problem, the Maluku Provincial Government is working with a third party (private) to normalize and restore the environment in ex-illegal mining, but the cooperation is prone to corruption. The purpose of this research is to prevent corruption in this sector. The research method uses Social Network Analysis, the data is qualitative. The research findings show that cooperation between the Maluku Provincial government and third parties (private) who are prone to corruption can be prevented by mapping the vulnerability of corruption to determine the pattern of relations between cooperative actors who tend to be easily bribed so that a cooperation model that does not have corruption implications can be obtained. Key words: Corruption; Mining; Cooperation; Local government; Private;
DIMENSIONS OF ASEAN COOPERATION IN HEALTH DEVELOPMENT OF SOUTHEAST ASIA Anwar, Arman
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

With respect to the conditions of the health sector of Southeast Asian countries, according to the WHO, Southeast Asia was a region accounting for nearly a third of maternal and child mortality globally. This region was also an epidemic area of the HIV/AIDS. Dengue Fever (DF) was also of concern to ASEAN health officials because the number of cases remained high. Through the Yogyakarta Declaration, signed on April 2002, Health Ministers of ASEAN countries declared HEALTHY ASEAN 2020. With this vision, ASEAN was about to make the Southeast Asian region as a center for health development in 2020 and to entirely ensure the creation of a physically and mentally healthy ASEAN community, living in harmony in an environment of safe Southeast Asia region.Today, 9 years after declared, an even distribution of health development in ASEAN region showed limited progress; instead, disparity was created. On the one hand, there were countries with highly dynamic level of health development; but, on the other hand, there were countries that were sluggish. On scrutiny, the problems were not overly different, the patterns of disease were also almost the same; but, why one country could be better in the handling compared to other Southeast Asian countries. In an effort to cultural binding and with respect to the economic growth gap among ASEAN member countries, the ASEAN Charter could be maximized as a bridge and inspiration to improve solidity and commitment to assist one another and to work together, not to be individualistic, but to be more open and mutually respectful and feel as part of the real ASEAN community (awareness on ASEAN).
PRINCIPLE OF JUSTICE IN MANAGEMENT OF MARINE RESOURCES IN AREA CHARACTERIZED BY ISLANDS Anwar, Arman; Irham, Muhammad
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Indonesia has eight provinces that are characterized as island regions, but in the setting of marine resource management authority is equated with the continental characterized provinces. Normative provisions apply but people in areas characterized by islands have been treated unfairly. In addition, the licensing system and the distribution of funds allocated as well as unfavorable framework in the implementation of regional autonomy. National government policies are deemed too oriented to the land where it is not appropriate to the needs of the regions. As a result, they are demanding to be no laws governing special about Islands Province. Government responded to amend the legislation on local government in accommodating the interests of the islands. The setting of the DAU and DAK, also provide more financial portion to the islands. It is expected to bring changes to the community. Implementation of regionally based local autonomy, excellence spatial and local potential is a determinant factor the success of regional development framework. Development process should be done based on diversity of various aspects that also needed a different treatment in each province. Thus, the question is whether the political law of the islands is done through changes and harmonization of the local governments law to provide a guarantee of justice so the demands for legislation that specifically regulates an island province is not matter any more. This study expected to find the values of justice and the foundation to be harmonized, so there exist principle of fairness in the management of marine resources in the waters of the area characterized by islands
Sosialisasi tentang Peran Gen Z dalam Memerangi Korupsi di SMA Negeri 10 Latuhalat Kota Ambon Anwar, Arman; Lapelelo, Nadya Putri Firdiana; Ratmin, Nanda Riyani; Putri, Maulidya Handayani Suita
AIWADTHU: Jurnal Pengabdian Hukum Volume 4 Nomor 2, Juli 2024
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/aiwadthu.v4i2.2168

Abstract

Introduction: Corruption in Indonesia is increasing so much that the President has declared war against corruption. Anti-corruption education has an important role in fighting corruption. One effort that can be done is to provide outreach to Gen Z so that they can take this role in fighting corruption.  Gen Z's involvement in social issues is becoming increasingly evident with their ability to disseminate information quickly through online platforms, so that it can be significantly useful in preventing and eradicating corruption.Purposes of Devotion: To improve and motivate students to play a role of eradicating corruption in accordance with the characteristics and advantages possessed by Gen Z. Method of Devotion: It was carried out through a luring with lecture , then continued with an interactive discussion where participants had the opportunity to ask questions and answers regarding the role of Gen Z in fighting corruption according to the characteristics and advantages they have.Results of the Devotion: Students at SMA Negeri 10 Ambon become more aware of the importance of anti-corruption education in forming anti-corruption character and become more concerned about efforts to eradicate corruption.  The potential of students as Gen Z who have intelligence in mastering and using communication and information technology and various other advantages they have, can be used to play an important role in preventing and eradicating corruption both in the family, environment and in a wider scope. Their ability to disseminate information quickly through online platforms, such as using social media as a means to share opinions, voice aspirations and mobilize support, can be useful in eradicating corruption. This makes Gen Z a potential force in fighting for integrity and transparency in government and public institutions. Educational measures, empowerment and support for anti-corruption initiatives can further strengthen the positive role of Gen Z in maintaining the integrity and welfare of society as a whole.
Pengaturan Hukum Laut Internasional Terhadap Tabrakan Kapal Yang Di Sengajakan Heatubun, Alowisya Natalia; Anwar, Arman; Wattimena, Josina Augustina Yvonne
TATOHI: Jurnal Ilmu Hukum Vol 3, No 11 (2024): Volume 3 Nomor 11, Januari 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i11.2098

Abstract

Introduction: Indonesia is an archipelagic country that has a very wide coastline and sea in the world and is rich in marine resources that must be protected, however, its strategic location and busy shipping by foreign ships makes Indonesia also an international shipping lane which is prone to ship accidents. . One of the causes of ship accidents is human error.Purposes of the Research: This writing aims to examine and find out the arrangements regarding the prohibition of intentionally crashing ships based on international law provisions, examine and find out the forms of state responsibility that violate the provisions of international law, and this research as one of the requirements for writing a thesis in obtaining a Bachelor of Laws degree at the Faculty Pattimura University Law. Methods of the Research: Normative Juridical research method, namely obtaining data from the library in the form of documents, books, magazines and other literature related to writing. The source of legal material used is Primary legal material, Secondary legal material, and Tertiary legal material and used as a technique for collecting legal material, then processing and analyzing legal material through qualitative analysis, namely the data obtained is then systematically arranged for further qualitative analysis based on scientific disciplines. civil law to achieve clarity of issues to be discussed.Results of the Research: The results of the study show that international conventions governing ship safety and shipping security include SOLAS (Safety Of Life At Sea) 1974, MARPOL (Marine Pollition) 1973/1978 and Load Line Convention 1966 and Collreg 1972 (Collision Regulation) as well as national law. Indonesia does not implicitly contain legal norms aimed at intentional ship collisions. This is because the purpose of establishing these legal provisions is precisely to anticipate the occurrence of ship collisions due to human error in the perspective of negligence or negligence. Even so, explicitly the legal logic is that if an unintentional act can be punished then especially if it is done intentionally. The impact of the losses incurred has legal consequences of course on the responsibilities of the flag state as well as captains and shipping companies to the aggrieved party, including in this case the coastal state.
Pertanggungjawaban Terhadap Pelanggaran Penggunaan Bom Cluster Menurut Hukum Humaniter Internasional Hidayat, Rahmat Safril; Anwar, Arman; Waas, Richard Marsilio
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.v3i10.1960

Abstract

Introduction: Cluster bombs have quite a dangerous effect on civilians and can take lives because when these bombs are launched into the target area they usually do not explode simultaneously, even the explosions can occur at a later date or even when the war is over.Purposes of the Research: This writing aims to examine and find out the forms of violations of the law on the use of cluster bombs in war according to humanitarian law, to study and find out about the accountability for the use of cluster bombs assigned to perpetrators and as one of the requirements for completing studies at the Faculty of Law, Pattimura University.Methods of the Research: The Juridical-Normative research method with the type of doctrinal research is also known as library research or document study because this research is carried out or shown only on written regulations or other legal materials.Results of the Research: The results of the study show that the prohibition of the use of cluster bombs according to International Humanitarian Law has been regulated in the 2008 Convention On Cluster Munitions (CCM), namely each country promises to clean up and destroy, or ensure the cleaning and destruction of, the remains of cluster ammunition located in cluster munitions. Contamination under its jurisdiction or control. And the form of responsibility for the perpetrators is the responsibility of the state, namely the state that violates international agreements. As well as sanctions that can be given for the use of cluster bombs that are given by the United Nations in the form of reducing the degree of diplomatic relations or attacks using armed power by the UN security council, sanctions can also be given based on humanitarian law in particular Additional Protocol I of 1977 and International Humanitarian Law customs in relation to state responsibility in international law, which can be in the form of compensation, in the form of satisfaction given through acknowledgment of actions, expressions of remorse and official apologies by the state relating to the International Criminal Court.
Pengaturan Hak-hak Masyarakat Adat atas Sumber Daya Alam Berdasarkan Internasional Covenant On Economic, Social and Cultural Rights (ICESCR) Sahlan, Sahlan; Anwar, Arman; Wattimena, Josina Augustina Yvonne
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.v4i3.2137

Abstract

Introduction: According to national law, the protection of the rights of indigenous peoples has been regulated in Law Number 11 of 2005 concerning ratification of the ICESCR, but in practice violations of the rights of indigenous peoples still occur.Purposes of the Research: This writing aims to examine and find out the arrangements for the rights of indigenous peoples over natural resources based on the ICESCR and the rights of indigenous peoples on natural resources that have been implemented in accordance with the ICESCR.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 arrangements for the rights of indigenous peoples over natural resources based on the ICESCR contained in Articles 6 to 25 recognize the basic rights of everyone in the economic, social and cultural fields. Included are indigenous peoples who are legal subjects so they have rights and obligations. The rights of indigenous peoples over natural resources have not been implemented in accordance with the ICESCR legal instruments, even though Indonesia itself has ratified these legal instruments with Law no. 11 of 2005 so that there is a responsibility or obligation for the State to submit and comply with this instrument.
Konsepsi Pengaturan Fosfor Putih Dalam Konflik Bersenjata Christopher Fallen, Andy; Anwar, Arman; Tuhulele, Popi
UNES Law Review Vol. 6 No. 3 (2024): UNES LAW REVIEW (Maret 2024)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i3.1853

Abstract

In October 2023, there were several white phosphorus explosions fired by Israeli forces in a military operation over the Gaza city port and two rural locations along the Israel-Lebanon border. Israel-Lebanon border. The use of White Phosphorus as a weapon is in practice very lethal and torturous to both combatants and civilians. However, there is no regulation that implicitly prohibits the use of White Phosphorus in armed conflicts, resulting in the parties to the conflict using White Phosphorus. armed conflict, resulting in the parties warring parties can the use of White Phosphorus freely and resulted in great torment for people exposed to sparks from white phosphorus. This writing uses normative research methods explorative research method, with the problem approach The approaches used are statutory, conceptual, historical, and case approaches. Sources of legal material in this writing are primary legal materials, secondary, and tertiary legal materials. Technique technique of collecting legal materials using literature studies which are then analyzed qualitatively. qualitatively. From this research, it is concluded that based on the analysis Geneva Gas Protocol Conventional 1925, Chemical Weapons Convention of 1992, Protocol III of Convention on Certain Conventional Weapons 1980, the initial design of white phosphorus is not included in the categorization of white phosphorus. of white phosphorus is not included in the categorization of weapons in the three legal arrangements above. in the three legal arrangements above. However, based on reports related to the use of white phosphorus, two dangerous properties were found, namely, it contains toxic chemicals and causing burns. Based on the effects caused white phosphorus is ideally categorized as an incendiary weapon, supported by the opinion of the International Committee of Red Cross.
Pembentukan Karakter Integritas dan Nilai-Nilai Cinta Tanah Air Melalui Sosialisasi Pendidikan Dini Antikorupsi Anwar, Arman; Adidharma, Arnedi Rizki; Susilo, Adriyanto; Isnaini, Andhini Shafa
AIWADTHU: Jurnal Pengabdian Hukum Volume 4 Nomor 3, November 2024
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/aiwadthu.v4i3.2297

Abstract

Introduction: Corruption in Indonesia is increasingly pervasive, prompting the President to declare a war on corruption. Anti-corruption education plays a crucial role in combating this issue. One effective strategy is to engage Gen Z in anti-corruption efforts, leveraging their ability to rapidly disseminate information through online platforms, which can significantly contribute to preventing and eradicating corruption as a form of love for Indonesia's homeland.Purposes of Devotion: To enhance and motivate students to participate in anti-corruption efforts in alignment with the characteristics and strengths of Gen Z. Method of Devotion: The initiative involves in-person sessions with speakers, followed by interactive discussions where participants have the opportunity to ask questions about the role of Gen Z in combating corruption, tailored to their specific characteristics and advantages.Results of the Devotion: Students at SMP Negeri 27 Maluku Tengah gained a deeper understanding of the importance of anti-corruption education in shaping anti-corruption character and became more engaged in anti-corruption efforts. The creativity and innovation of Gen Z students, coupled with their proficiency in communication and information technology, position them as key players in preventing and addressing corruption. Their ability to swiftly spread information via online platforms, such as social media, can be harnessed to advocate for integrity and transparency in government and public institutions. Educational initiatives, empowerment, and support for anti-corruption efforts can further strengthen the positive role of Gen Z in promoting societal integrity and welfare.
Co-Authors Adidharma, Arnedi Rizki Adwiyah, Aiin Widya Rhabiatul Assegaff, Syarifah Safina Buton, Fatmi Christopher Fallen, Andy Halima Hanafi, Irma Heatubun, Alowisya Natalia Hidayat, Rahmat Safril Horhoruw, Raynold Isnaini, Andhini Shafa Kiat, Desy Lapelelo, Nadya Putri Firdiana Leatemia, Wilshen Mainake, Meilien Trivany Manuputty, Gosalia Milka Masuku, Akhmad Iqbal Jihad Muhammad Irham Ninkeula, Mareike Paeng, Raju Popi Tuhulele, Popi Putri, Maulidya Handayani Suita Rahmadhani, Fitri Ratmin, Nanda Riyani Sabandar, Yonki Sahlan Sahlan Susilo, Adriyanto Tuhulele, Popy Tutuarima, Meylin Usirin, Fadly Febriyan Waas, Armelia Febriyanti Waas, Richard Marsilio Wattiheluw, Azmi Julifa Wattimena, J.A.Y Wattimena, Josina Augustina Yvonne