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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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Journal : PATTIMURA Law Study Review

 1 
Aliansi Militer Sebagai Alat Pencegah Perang Horhoruw, Raynold; Anwar, Arman; Waas, Armelia Febriyanti
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.v3i1.19701

Abstract

Military alliances are a form of cooperation between countries that function to maintain global stability and security. Alliances, such as NATO, operate within an international legal framework that ideally aims to maintain peace, but in practice often face challenges related to effectiveness and compliance with humanitarian law. The research method used is normative juridical with legal, case, and conceptual approaches. The source of legal materials is in the form of primary, secondary and tertiary Where the collection of legal materials is carried out using literature studies. Furthermore, the Analysis Technique uses qualitative analysis, namely legal materials that have been collected, read and understood, then analyzed to get answers to the formulation of the problem. The results of the study show that humanitarian law does not explicitly govern military alliances, but provides the principles that bind member states. The Geneva Convention and the Additional Protocols are the main reference to ensure military operations in accordance with humanitarian principles. However, the effectiveness of military alliances as a deterrent to war is not always guaranteed. A case study of the Russia-Ukraine conflict shows that despite NATO's efforts at diplomacy and deterrence, war still occurs, signaling that military alliances are not always able to prevent aggression.
Legal Standing Negara Pihak Konvensi Dalam Menggugat Negara Pihak Lainnya Atas Pelanggaran Konvensi Genosida 1948 Taohi, Indisari Sahril; Anwar, Arman; Wattimena, Josina Agustina Yvonne
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.v3i2.13968

Abstract

The birth of the 1948 Genocide Convention has bound all states parties to the convention and established obligations for them to prevent and punish genocide. However, in practice there are still countries that violate these obligations. The consequences of these violations can lead to disputes between fellow State Parties to the Genocide Convention, leading to a challenge at the International Court of Justice (ICJ). However, the process of suing must meet the requirements of legal standing, namely that the plaintiff has an interest or is directly affected by the action being sued. The research method used is normative juridical using a statute approach, conceptual approach and case approach. The results that the author concludes show that the International Court of Justice has provided arrangements regarding legal standing, namely only states are given access to disputes before the Court. The disputing state is also required to give consent to the jurisdiction of the International Court of Justice. The implementation of the legal standing of the State Parties to the Genocide Convention is carried out through Article 9 of the Genocide Convention which gives the convention parties the right to bring their disputes before the International Court of Justice. This right stems from the common interest of all States Parties to the Convention to ensure the prevention, eradication and punishment of genocide, by committing to fulfill the obligations contained in the convention, so that any state, not only the state affected by the violation can bring a claim against another state at the International Court of Justice to ensure compliance with the Genocide Convention.
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.
Jurisdiksi International Criminal Court (ICC) Terhadap Presiden Rusia Vladimir Putin Berdasarkan Ketentuan Hukum Humaniter Internasional Tuasalamony, Rauda Fil Jannah; Wattimena, Josina Augustina Yvonne; Anwar, Arman
PATTIMURA Law Study Review Vol 3 No 3 (2025): Desember 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.v3i3.14380

Abstract

The International Criminal Court (ICC) is important in enforcing international law, especially against serious crimes. In March 2023 the ICC issued an arrest warrant for President Vladimir Putin regarding his crimes against humanity and war crimes, even though Russia is not a member country of the ICC. The issues in this writing include, whether Russian President Vladimir Putin can be arrested by the International ICC under the provisions of International Humanitarian Law and whether Russian President Vladimir Putin can be held accountable to the ICC under the provisions of International Humanitarian Law. The research method applied is normative legal research by studying legal library materials through statutory, case, and conceptual approaches and using quanlitative analysis. Research results show that the ICC has limited jurisdiction and cannot outperform national courts, it does not have the power to enforce arrest and accountability without Russia's cooperation. Russia also has veto rights at the UN, so Russia can use its veto rights to protect its national interests. Even though it is difficult for the ICC to arrest and hold Putin accountable, the arrest warrant affects Russia's political and diplomatic relations. The research aims to serve as input for legal science, especially in International Law related to the Arrest and Accountability of Russian President Vladimir Putin to the ICC Based on the Provisions of International Humanitarian Law.
Upaya Hukum Terhadap Praktik Pembuangan Limbah Nuklir Aksan, Lanang Dwi; Anwar, Arman; Waas, Richard Marsilio
PATTIMURA Law Study Review Vol 2 No 3 (2024): Desember 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.v2i3.23322

Abstract

Japan is an industrial country that uses nuclear as its main energy source. In 2011 an earthquake and tsunami hit Japan in Fukushima, which caused a nuclear disaster. This causes the plant to produce contaminated air every day, which is then stored in large tanks and Japan states that this is not a sustainable solution. Japan's plans to dump processed air waste from the Fukushima nuclear power plant into the sea have raised concerns and anger at home and abroad. The international regulatory framework can be found in the UN Convention on the Law of the Sea and the 1972 London Convention. Japan is one of the parties involved in these two conventions. Countries involved in these conventions must issue legal regulations to prevent and reduce marine contamination due to waste disposal. The research uses research methods with a normative juridical research type. The problem approaches used are the statutory approach, conceptual approach and case approach. The sources of legal materials used are primary, secondary and tertiary legal materials. procedures for collecting legal materials and processing legal materials through literature using qualitative descriptive analysis. Based on the results of the research conducted, it can be concluded that the case of dumping Fukushima nuclear waste into the sea is in the spotlight because of its detrimental impact on the marine environment and public health. Japan is forced to dump nuclear waste into the sea due to limited storage space. This action raised concerns not only at the local level, but also internationally. Japan is expected to take responsibility for these actions and overcome their negative impacts. Countries have efforts and obligations to enforce laws to repair marine damage due to pollution. They must implement regulations and take the necessary efforts to prevent, reduce and control marine pollution based on international law. Damage recovery measures are required, including requests for compensation as the responsibility of the party who caused the pollution. State responsibility in international law emphasizes that countries that cause harm to other countries must be held responsible and make appropriate reparations to return things to normal.
Kekuatan Hukum Resolusi Dewan Keamanan PBB Terhadap Gencatan Senjata Bachtiar, Adjid Akbar; Anwar, Arman; Wattimena, Josina Augustina Yvonne
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.v2i2.23833

Abstract

The functions of the UN Security Council are to maintain international security and order. Therefore, according to the UN Charter, all UN member states are obliged to comply with UN Security Council resolutions in settling inter-State disputes, but in reality, resolutions adopted by the United Nations Security Council are not adhered to by States, as is the UN security Council resolution on a ceasefire not observed by Israel in the Israeli-Palestinian war. The types of research used are Juridical Normative, research approaches using legislative approaches case approaches, historical approaches and comparative, and conceptual approaches. The sources of legal material are primary, secondary and tertiary legal material. The technique of collecting legal material in this research is through a library study, then qualitatively analyzed. The results of this study show that under Article 25 of the United Nations Charter, UN Security Council resolutions are binding on all UN member states in the settlement of international disputes. In the case of an Israeli-Palestinian war, Israel is obliged to comply with UN Security Council resolution No. 2728 of 2024 on a ceasefire. Israel's failure to comply with the said resolution could result in the imposition of legal sanctions on Israel, such as the suspension of its special rights as a member of the United Nations (Article 5 of the Charter), the expulsion of a State from membership of the UN (Artikel 6 of the charter), economic embargoes under Chapter VII of this Charter (Art. 41 of that Charter) and military sanctions (Act. 42 of that charter) as well as the establishment of an International Criminal Tribunal by the UN Security Council to prosecute serious human rights offenders. (Pasal 29 Piagam).
Pemenuhan Hak Warga Binaan atas Pelayanan Kesehatan di Lembaga Pemasyarakatan Ode, Mirjan; Anwar, Arman; Leasa, Elias Zadrach
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.v2i2.23856

Abstract

Indonesia is a country of law, if anyone commits a violation of the law, they will be subject to a crime and become a state prisoner to serve their sentence. Those who become state prisoners are usually referred to as inmates. When inmates become state prisoners, their rights as human beings are revoked, so the state must guarantee their rights while they are in prison. Article 9 of Law No. 22 of 2022 concerning Corrections guarantees the rights of inmates, especially the right to receive services. health, the right to health is regulated in Article 4 paragraph (1) of Law no. 17 of 2023 concerning Health. The existence of regulations regarding the rights of inmates, the state must fulfill the rights to health services for inmates as well as possible. However, sometimes the rights of inmates are not implemented properly, such as cases of inmates who died because they were too late in being given first aid and cases of inmates who died because they were referred to hospital too late. This shows that the rights of inmates are still not fulfilled, especially the right to health services. Based on the results of research conducted, the regulation of inmates' rights to health services in correctional institutions, especially in Ambon Class IIA prisons, has been running quite well, starting from the availability of health human resources, the availability of medicines, the availability of health services, the availability of food and drink, and the availability of other health service programs in prisons, then inmates can access health services in prisons provided by the state, starting from physical and economic health services where all costs of health services for inmates are borne by the state. With the existence of rights to health services, the state is obliged to be responsible for fulfilling the right to health services to respect, protect and fulfill them. If the inmates' rights to health services in correctional institutions are not fulfilled, the inmates have the right to submit complaints and/complaints to the prison authorities. The legal mechanism that can be taken by inmates due to the failure to fulfill their rights to health services in prisons is contained in the decision of the Director General of Corrections. No. E.22.PR.08.03 of 2001 concerning Implementation of Correctional Duties. The mechanism is that the prison and the inmates' guardians will hold a hearing to resolve the matter.
Co-Authors Adidharma, Arnedi Rizki Adwiyah, Aiin Widya Rhabiatul Aksan, Lanang Dwi Angriani, Lysa Assegaff, Syarifah Safina Bachtiar, Adjid Akbar 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 Leasa, Elias Zadrach Leatemia, Wilshen Mainake, Meilien Trivany Manuputty, Gosalia Milka Masuku, Akhmad Iqbal Jihad Muhammad Irham Ninkeula, Mareike Ode, Mirjan Paeng, Raju Peilouw, Johanis Steny Franco Popi Tuhulele, Popi Putri, Maulidya Handayani Suita Rahmadhani, Fitri Ratmin, Nanda Riyani Sabandar, Yonki Sahlan Sahlan Susilo, Adriyanto Taohi, Indisari Sahril Tuasalamony, Rauda Fil Jannah Tuhulele, Popy Tutuarima, Meylin Usirin, Fadly Febriyan Waas, Armelia Febriyanti Waas, Richard Marsilio Wattiheluw, Azmi Julifa Wattimena, J.A.Y Wattimena, Josina Agustina Yvonne Wattimena, Josina Augustina Yvonne