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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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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.
Pengaturan Hukum Internasional Untuk Tenaga Kerja Anak Ilegal Latukaisupy, Norma Rizqitha; Anwar, Arman; Daties, Dyah Ridhul Airin
TATOHI: Jurnal Ilmu Hukum Vol. 1 No. 1 (2021): Volume 1 Nomor 1, Maret 2021
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v1i1.492

Abstract

Introductioan: The purpose of this study is to explain the problem of child labor in general that requires deeper attention, with the consideration that employing a child who is still below the minimum human limit for work can be interpreted as a form of human rights violation.Purposes of the Research: Know and analyze the regulations regarding international law for illegal child labor.Methods of the Research: This study uses a normative juridical method with legal materials used in the study are primary, secondary and tertiary with the use of literature study techniques in the form of international legal regulations, scientific papers and literature.Results of the Research: The results showed that child labor was found in exploited conditions, worked more than the time stated in the regulations and received wages far below the UMK. Child laborers also have not received protection in terms of legal aspects that has been ratificated by the national law. The existing legal protection system for child labor has not been implemented in real terms and the Convention on the Rights of the Child and the ILO Conventions as some of the protection systems for child labor cannot be fully implemented because there are still violations of the right for children.
Pengaturan Prinsip Pembedaan dan Penerapannya dalam Konflik Armenia-Azerbaijan Abnin, Khafifa Kara; Anwar, Arman; Rehatta, Veriana Josepha
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.v1i3.569

Abstract

Introduction: This research discusses about application of distinction principle which has not been fully implemented in the Armenian-Azerbaijan armed conflict, which resulted in heavy casualties from the civilian population and caused damage to civilian objects as a result of the attacks launched on civilian areas in Nagorno-Karabakh by the armed forces of both countries.Purposes of the Research: Know and study the regulation of distinction principle in Humanitarian Law and analyze the application of sanctions against Armenia-Azerbaijan for non-compliance with the distinction principle in the armed conflict of the two countries.Methods of the Research: This study uses a normative juridical method with legal materials used in the study are primary, secondary and tertiary with the use of literature study techniques.Results of the Research: The results showed that the armed conflict between Armenia and Azerbaijan in fighting over the Nagorno-Karabakh region was not carried out by applying the distinction principle effectively. Therefore, if the two countries do not try the perpetrators of war crimes in their national courts, the International Court of justice (ICC) has the competence to try them and provide sanctions in the form of compensation payments to victims in accordance with article 75 of the 1998 Rome Statute as well as imprisonment and fines as well as confiscation of proceeds of crime under Article 77 of the Rome Statute 1998.
Penggunaan Kekerasan Sebagai Cara Memperoleh Wilayah Bertentangan Dengan Hukum Internasional Damura, Fahira Ode; Anwar, Arman; Tahamata, Lucia Charlota Octovina
TATOHI: Jurnal Ilmu Hukum Vol. 1 No. 4 (2021): Volume 1 Nomor 4, Juni 2021
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v1i4.606

Abstract

Introduction: The territorial sovereignty of a country includes three dimensions, namely land, air and sea.Purposes of the Research: The purpose and benefit of this research is to demonstrate the study and analysis of the rules of territorial control and international law.Methods of the Research: The type of research used in this research is normative law which is sourced from primary and secondary legal materials whose data is collected through library research.Results of the Research: Based on the results of the research, it shows that the regulation of territorial control is regulated in international law but is prohibited if it is carried out by means of violence as stipulated in the UN Charter Article 2 paragraphs (3) and (4). The form of territorial conquest is currently strictly prohibited, this is emphasized in UN Security Council resolution 242 concerning the illegality of territorial control by war. The use of violence is only allowed in terms of self-defense, or based on the mandate of the UN Security Council for humanitarian purposes (humanitarian intervention). Apart from the above, in both classical international law and customary international law, the use of force and subjugation has not yet reached the stage of being prohibited.
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.
Pengaturan Tentang Visa Kunjungan dan Dampaknya Bagi Pekerja Yang Unprosedural Soumena, Firma Riza Aksamilani; Anwar, Arman; Rehatta, Veriena Josepha Batseba
TATOHI: Jurnal Ilmu Hukum Vol. 2 No. 4 (2022): Volume 2 Nomor 4, Juni 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i4.1095

Abstract

Introduction: A visit visa is a visa granted to a foreigner who will travel to a part of the country for a visit for the purpose of government duties, education,socio-culture, tourism, pre-investment, business, family, journalism, or to stop for a moment to continue traveling to another country. However, the fact is that visiting visas are often misused by people in other countries, one of  which is unprosedural workers. Purposes of the Research:  To find out the arrangements regarding visit visas in immigration law and to find out the use of a visit visa and its impact on unprocedural workers.Methods of the Research: This study uses a normative juridical research method with legal materials used, namely primary legal materials and tertiary legal materials. The collection technique was carried out through a literature study and then analyzed using qualitative methods.Results of the Research: The results of the study show that a visit visa as a condition for traveling to a country cannot be used for other purposes. With the existence of immigration law actions both in administrative and criminal forms issued by each country, it is an appropriate legal action in giving sanctions to perpetrators of abuse of visit visas, especially for unprocedural workers.
Co-Authors Abnin, Khafifa Kara Adidharma, Arnedi Rizki Adwiyah, Aiin Widya Rhabiatul Aksan, Lanang Dwi Angriani, Lysa Assegaff, Syarifah Safina Bachtiar, Adjid Akbar Buton, Fatmi Christopher Fallen, Andy Damura, Fahira Ode Dyah Ridhul Airin Daties Halima Hanafi, Irma Heatubun, Alowisya Natalia Hidayat, Rahmat Safril Horhoruw, Raynold Isnaini, Andhini Shafa Johannes, Helmi Ishak Kiat, Desy Lapelelo, Nadya Putri Firdiana Latukaisupy, Norma Rizqitha 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 Rehatta, Veriana Josepha Rehatta, Veriena Josepha Batseba Sabandar, Yonki Sahlan Sahlan Soumena, Firma Riza Aksamilani Susilo, Adriyanto Tahamata, Lucia Charlota Octovina 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