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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.