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Kedudukan Resolusi Dewan Keamanan PBB Menurut Pasal 25 Piagam PBB Makarawung, Julio Franco Jehovah; Waas, Richard Marsilio; Daties, Dyah Ridhul Airin
Balobe Law Journal Volume 4 Issue 1, April 2024
Publisher : Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/balobe.v4i1.2051

Introductioan: UN Security Council Resolutions in the form of decisions of the UN Security Council relating to the preservation and/or restoration of global peace and security which can be implemented legally, are essentially a valid statement of international law mandated by the goals and principles of the UN as outlined in the UN charter.Purposes of the Research: To analyze and find out about the Position of UN Security Council Resolutions according to Article 25 of the UN Charter. Methods of the Research: Normative legal research or library legal research is a process of finding legal rules, legal principles, and legal doctors to answer legal issues faced.Results of the Research: The decisions of the UN Security Council are based on Article 25 of the Charter, which is truly legally binding, even more so that it can conflict with the principles of international treaty law, namely the principle of Pacta Tertiis Nec Nocent Nec Prosunt because all these decisions can be binding on countries. Countries that are not members of the UN as stated in Article 2 paragraph (6) and Article 49 of the Charter. The position of the UN Security Council Resolution is binding not only on UN member states but also on non-UN member states as stated in Article 2 paragraph (6).

ASEAN Charter and Regional Micro, Small and Medium Enterprises Development Daties, Dyah Ridhul Airin; Peilouw, Johanis Steny Franco
Balobe Law Journal Volume 3 Issue 2, October 2023
Publisher : Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/balobe.v3i2.1521

Introduction: Micro, Small and Medium Enterprises (MSMEs) are a prominent sector in the Asian region that is proven to support the economy, especially developing countries. Although important, it is not uncommon for countries to ignore these independent economic initiatives.Purposes of the Research: This paper aims to provide a brief overview of ASEAN's role in the development of MSMEs in the Region which is the mandate of the ASEAN Charter.Methods of the Research: This research was conducted by conducting a normative juridical approach. Literature review and related secondary data.Results of the Research: The results showed that MSMEs are one of the efforts to realize the economic goals of the Region as stated in the ASEAN Charter. Behind its strategic role for the national and regional economies, MSMEs still often face various challenges, both internally, such as limited capital and technology, as well as externally, including issues related to licensing, raw materials, marketing to integration efforts into regional and global production chains. For this reason, ASEAN's role is very important, especially to implement the Strategic Action Plan for SME Development (SAPSMED) 2016-2025 with the vision of 'Globally Competitive and Innovative SME’.

Perlindungan Harimau Sumatera Menurut Convention On International Trade In Endangered Species Of Wild Fauna And Flora (Cites) 1963 Mainuru, Muhammad Zidhan L; Rehatta, Veriana Josepha Batseba; Daties, Dyah Ridhul Airin
TATOHI: Jurnal Ilmu Hukum Vol 3, No 11 (2024): Volume 3 Nomor 11, Januari 2024
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i11.2100

Introduction: The illegal trade in protected animals is increasing in places where laws are not respected, as if they weren't there. This is reflected in the decrease in the number of wildlife and the increase in the number of legal and illegal wildlife traders whose criminals do not face severe sanctions. The number of Sumatran tigers is decreasing, reaching around 400 individuals. In various parts of Sumatra, these endangered and protected animals continue to be hunted and traded for their organs. Apparently, in the near future, they succeeded in capturing or blocking the Medan tiger skin trade.Purposes of the Research: This writing aims to know and understand the Regulations regarding the protection of endangered species based on the 1963 Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) and the Implementation of CITES 1963 in Indonesia to protect the Sumatran Tiger.Methods of the Research: Normative research method with the type of research is qualitative analysis. The problem approach used is the statute approach, the conceptual approach and the case approach. The sources of legal materials used are Primary legal materials, Secondary legal materials, and Tertiary legal materials and are used as a technique for collecting legal materials, then processing and analyzing legal materials through methods of interpretation, harmonization, systematic and legal discovery.Results of the Research: The results of the study show that the arrangements regarding the protection of endangered species based on the 1963 Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) are that as a whole, CITES is a convention that applies as a general guide to regulate matters relating to trade of all kinds. Wild plants and animals that live in nature. Specifically regarding the protection of Sumatran tigers as implementation of CITES 1963 is the enactment of Presidential Decree No. 43 of 1978 concerning Ratifying the Convention On International Trade in Endangered Species of Wild Fauna and Flora, Law No. 5 of 1990 concerning Conservation of Natural Resources, Biology and Their Ecosystems, Regulations Government Number 8 of 1999 Utilization of Wild Plants and Animals, Minister of Forestry Regulation Number P.42/Menhut-II/2007 concerning Sumatran Tiger Conservation Plans and Actions.

Yurisdiksi Negara Pantai Terhadap Kapal Asing Yang Memuat Limbah Bahan Berbahaya Dan Beracun (B3) Ditinjau Dari Hukum Laut Internasional Djunaidi, Muhamad Renaldy; Tuhulele, Popi; Daties, Dyah Ridhul Airin
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.v3i10.1959

Introduction: The jurisdiction of the coastal state is an authority of the state to carry out laws and regulations in its territorial area to regulate people, property, and events that occur in the land area, sea waters, and air space above it.Methods of the Research: The research method used is normative juridical. by using a problem approach such as a statutory approach, a conceptual approach and a case approach. While the sources of legal materials used are primary, secondary and tertiary sources of legal materials. The collection of legal materials is carried out by means of a literature study, then analyzed qualitatively. Results of the Research: The results show that the entry of foreign ships transporting waste in the jurisdiction of the coastal state is not prohibited as long as it is subject to the provisions for the transportation of hazardous and toxic waste that is passing through the territory of the coastal state, namely for foreign ships carrying nuclear or other goods which because of their nature dangerous or toxic, if you want to make a voyage in the territorial waters of an International country, you must carry documents and comply with special precautions established by International treaties for ships (Article 23 of the 1982 International Law Of The Sea Convention). The implementation of Indonesian Jurisdiction for foreign ships transporting waste has been regulated in Law Number 17 of 2008 concerning Shipping and Government Regulation Number 101 of 2014 concerning Management of Hazardous and Toxic Waste, which explains all matters relating to traffic through waters, transportation of dangerous goods and special goods by sea, determination of hazardous and toxic waste, management of hazardous and toxic waste, navigation in sea transportation including aspects of shipping safety and security.

Kewenangan Pemerintah Daerah Dalam Perjanjian Kerjasama Internasional Wattimena, Jose Christy; Nendissa, Renny Heronia; Daties, Dyah Ridhul Airin
TATOHI: Jurnal Ilmu Hukum Vol 4, No 1 (2024): Volume 4 Nomor 1, Maret 2024
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i1.2122

Introduction: The development of the international community which has an impact on political and economic regionalization also has demands for local autonomy affecting patterns of international relations, in line with this, new actors have emerged where local governments have played a role in entering into international cooperation agreements.Purposes of the Research: This writing aims to identify and analyze the position of local government as a legal subject in international cooperation agreements and to determine and analyze the form of local government authority in entering into international cooperation agreements.Methods of the Research: The research method used is normative juridical with a problem approach using a statutory approach and a conceptual approach. The legal materials used consist of primary and secondary legal materials with legal material collection techniques carried out through library research.Results of the Research: The results of this study conclude that the regional government in entering into international cooperation agreements cannot be seen as a proper subject of international law, in entering into international cooperation agreements the position of the regional government remains a representation of the state. The form of regional government authority in entering into international agreements is a combination of delegation and mandate because it is a pre-existing delegation of authority from the center to the regions and acts on behalf of the state, in this case the authority giver.

Pertanggungjawaban Extrajudicial Killing Dalam Hak Asasi Manusia Toisuta, Chayenne Rosele Yohana; Peilouw, Johanis Steny Franco; Daties, Dyah Ridhul Airin
PATTIMURA Law Study Review Vol 2 No 1 (2024): April 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.v2i1.13690

ABSTRACT: Amnesty International reported that the Myanmar Military in early 2021 carried out executions on the spot without trial or Extrajudicial Killing of more than 1000 Myanmar civilians, after the coup of Aung Sang Su Kyi which turned out to be a crime often committed by government officials in other countries such as the Philippines, Indonesia, and Bangladesh. The purpose of this study is to know and understand Extrajudicial Killing as a violation of human rights and a form of state accountability for perpetrators of Extrajudicial Killing. The research methods that the author uses are normative juridical research methods as well as, legal approach, case approach and conceptual approach. The results that the authors conclude show that Extrajudicial Killing is a violation of human rights as stipulated in the 1948 Universal Declaration of Human Rights, the 1966 International Covenant on Civil and Political Rights, the 1966 International Covenant on Economic, Social and Cultural Rights, the 2016 Minnesota Protocol, the 1998 Rome Statute and the 2013 ASEAN Declaration of Human Rights. Extrajudicial Killing is a violation of the right to life which is a human right protected by the UDHR and ICCPR 1966. Based on this, the perpetrators of extrajudicial killings must be held accountable as stipulated in the Articles of States Responsibility on International Wrongful Acts 2001.

Perlindungan Objek Sipil Dalam Konflik Bersenjata Menurut Hukum Humaniter Internasional Safiun, Safiun; Tahamata, Lucia Charlota Octovina; Daties, Dyah Ridhul Airin
PATTIMURA Law Study Review Vol 2 No 1 (2024): April 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.v2i1.13695

ABSTRACT: Armed conflict not only affects the civilians who are the targets of the conflict, but civilian objects are also affected by the conflict. Civilian objects are any object that is not a military object so that it cannot be used as an object of attack by one of the parties to the conflict. The protection of civilian objects is regulated in Article 52 paragraph (1) and Article 57 paragraph (1) of the Additional Protocol to the Geneva Convention 1494. In addition to being regulated in the article, the protection of civilian objects is also regulated by International Humanitarian Law through principles recognized in HHI such as the principle of Proportionality, the principle of Distinction and the principle of military interests. Violation of the protection of civilian objects in armed conflict is a war crime. Basically, the responsibility for war crimes lies with the individual who committed the violation of the laws and customs of war. The accountability process is carried out through a trial at the ICC (International Criminal Court) where war crimes are the jurisdiction of the ICC itself. War crimes can also be held accountable to the state as well as the commander.

Peran Association of South East Asian Nation (ASEAN) dalam Mengatasi Transnational Human Trafficking di Asia Tenggara Pentury, Zachary Ivander; Waas, Richard Marsilio; Daties, Dyah Ridhul Airin
TATOHI: Jurnal Ilmu Hukum Vol 4, No 9 (2024): Volume 4 Nomor 9, November 2024
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i9.2491

Introduction: ASEAN, as a regional organization in Southeast Asia, aims to maintain security and stability in the ASEAN region, including addressing human trafficking.Purposes of the Research: The purpose of this study is to analyze and understand ASEAN's role in handling Transnational Human Trafficking in Southeast Asia.Methods of the Research: This study uses a normative juridical method with primary, secondary, and tertiary legal materials.Results of the Research: The research findings indicate that ASEAN has institutions such as SOMTC and ASEAN-ACT, and legal instruments such as the ASEAN Declaration Against Human Trafficking in Persons, Particularly Women and Children, APA, and ACTIP. Despite the principle of non-intervention, which can be a hindrance in some aspects of addressing human trafficking, ASEAN, through these institutions and mechanisms, has carried out its role and responsibility to maintain the stability of the Southeast Asian region

International Legal Aspects of Whale Hunting by Indigenous Legal Communities Tahalea, Rensy Elma Tahalea; Daties, Dyah Ridhul Airin; Riry, Welly Angela
TATOHI: Jurnal Ilmu Hukum Volume 4 Issue 11, January 2025
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i11.2841

Introduction: Greenland in Denmark, Siberia in Russia, Bequia in the island nation of Saint Vincent and the Grenadines, Alaska in the United States, Canada and the Faroe Islands located in the North Atlantic Ocean are some of the countries that still practice traditional whaling. Unlike Japan, which conducts commercial whaling and uses modern tools. Indonesia is a country that recognizes indigenous peoples and their customary law in the constitution. The Leva Nuang tradition or Lewa tradition is a tradition of the Lamalera people in East Nusa Tenggara Province in carrying out whaling in a traditional way for their own needs. Whales themselves are protected animals in the Convention on International Trade In Endangerad Species of Wild Fauna and Flora (CITES 1973).Purposes of the Research: The issue discussed in this paper is how international legal instruments regulate whaling and how international law protects the right of indigenous peoples to carry out whaling traditions.Methods of the Research: The research method used is normative juridical, using a concept approach, a statutory approach and a case approach. The sources of legal materials used are primary, secondary, and tertiary legal materials. Analysis of such legal materials uses qualitative analysis techniques.Results of the Research: The results showed that the Convention on International Trade In Endangerad Species of Wild Fauna and Flora (CITES 1973) regulates protected animals, one of which is whales. There is also an international legal instrument governing whaling, the International Convention for the Regulation of Whaling (ICRW 1946). The Government of Indonesia ratified CITES 1973 on December 15, 1978 through Presidential Decree Number 43 of 1978. However, the 1946 ICRW Convention and ILO Convention 169 on Indigenous Peoples have not been ratified by the Indonesian government. Nevertheless, the Indonesian government recognizes and protects the rights of indigenous peoples, including the Leva Nuang tradition or Lewa tradition.

Penyelesaian Sengketa Inggris – Iran Terkait Hak Lintas Damai Kapal Stena Impero Tetelepta, Joel; Tahamata, Lucia Charlota Octovina; Daties, Dyah Ridhul Airin
SANISA: Jurnal Kreativitas Mahasiswa Hukum Vol 3, No 1 (2023): Volume 3, Nomor 1, April 2023
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sanisa.v3i1.1543

Introduction: Since World War II the Law of the Sea has undergone many changes along with the times. The United Conference on Trade Development says almost more than 77 percent of international trade is transported by sea. As part of the sea, the strait plays an important role for international trade, one of which is the Strait of Hormuz.Purposes of the Research: To study or analyze how UNCLOS 1982 regulates the Right of Peaceful Passage and examines how the form of settlement of the Stena Impero vessel detention dispute.Methods of the Research: The research method used is normative juridical research, the type of research is analytical descriptive. The sources of legal materials used are primary, secondary and tertiary legal materials. The legal material collection technique used in this research is through library research. Analysis of legal materials is descriptive qualitative.Results of the Research: The research results conclude that the right of innocent passage has been regulated in UNCLOS 1982 Part III concerning Innocent Passage, article 45 paragraphs 1 and 2. Foreign ships that use the right of innocent passage in the territorial sea or waters of a coastal state must follow the regulations in force in that country and, in general, the mechanism of international law in resolving international disputes can be pursued through two channels, namely litigation and non-litigation. In particular, for the settlement of the Stena Impero ship dispute between Britain and Iran, the efforts that can be taken are through litigation, namely through the international court for the law of the sea (Internasional Tribunal for the Law on the Sea)

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