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All Journal Uti Possidetis: Journal of International Law TATOHI: Jurnal Ilmu Hukum Balobe Law Journal SANISA: Jurnal Kreativitas Mahasiswa Hukum PATTIMURA Law Study Review
Dyah Ridhul Airin Daties
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Law, Crime, Criminology & Criminal Justice

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Journal : Balobe Law Journal

 1 
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

Abstract

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

Abstract

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’.
Blocking and Destroying Food Aid in Conflict Areas According to International Law Umarella, Andriani Putri Sari; Tahamata, Lucia Charlota Octavina; Daties, Dyah Ridhul Airin
Balobe Law Journal Volume 5 Issue 1, April 2025
Publisher : Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/balobe.v5i1.2945

Abstract

Introduction: The ongoing Israeli conflict in Gaza has triggered a severe food crisis due to the blocking and destruction of food aid, violating IHL provisions that prohibit starvation as a warfare tactic and attacks on objects essential for civilian survival.Purposes of the Research: This research examines IHL regulations and legal measures concerning food aid in the Gaza conflict.Methods of the Research: The study employs normative legal research by analyzing legal library materials through legislative, case-based, and conceptual approaches. The sources of legal materials include primary, secondary, and tertiary materials, collected through library research and analyzed qualitatively.Results of the Research: The findings indicate that IHL safeguards humanitarian aid, including food, in conflict zones, as outlined in the 1949 Geneva Conventions and the 1977 Additional Protocol I. Article 23 of the Fourth Geneva Convention mandates that warring parties permit humanitarian aid delivery, while Article 54 of Additional Protocol I prohibits destroying objects vital for civilian survival. Blocking and destroying food aid constitutes a grave breach, classified as a war crime under the 1998 Rome Statute. Legal enforcement mechanisms include decisions by the International Court of Justice (ICJ), investigations by the International Criminal Court (ICC), UN Human Rights Council (UNHRC) fact-finding missions, and humanitarian organizations such as the International Committee of the Red Cross (ICRC).
Legality of United Nations Resolutions on the Restriction of the Use of Nuclear Weapons by States of Legality Matakena, Jenesya Susye; Wattimena, Josina Augustina Yvonne; Daties, Dyah Ridhul Airin
Balobe Law Journal Volume 5 Issue 2, October 2025
Publisher : Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/balobe.v5i2.2409

Abstract

Introduction: Countries' non-compliance with UN resolutions regarding the prohibition of testing and use of nuclear weapons is due to the position of the resolution which is still classified as Soft Law due to the presence of elements that violate it and are less binding. The use of nuclear weapons can also threaten human life, thereby giving rise to international state responsibility as regulated in the Draft Articles on Responsibility of States for Internationally Wrongful Act.Purposes of the Research: The aim of this research is to examine the legality of the UN resolution on spreading the use of nuclear weapons and the relationship between the Draft Articles on Responsibility of States for Internationally Wrongful Act and the UN resolution.Methods of the Research: The method used is normative juridical with a problem approach, namely a regulatory, case and context approach. Sources of legal materials are primary, secondary and tertiary legal materials. Legal material collection techniques use library research and qualitative analysis.Results of the Research: The legality or binding power of UN General Assembly resolutions is found in three approaches, namely the Customary Law Approach, New Souce Approach, Grey Zone or Soft Law and the legality or binding force of UN Security Council resolutions and the existence of moral force. The relationship between UN resolutions and the Draft Articles on Responsibility of States for Internationally Wrongful Act was established to prevent actions that are not in accordance with international law, so that UN Security Council resolutions can be the basis for state accountability if there are indications of non-compliance with sanctions issued by the Security Council.
Co-Authors Djunaidi, Muhamad Renaldy Halima Hanafi, Irma Hetharie, Brandon Tanner Kainama, Clif Lesbatta, Franszisco Alvaro Mainuru, Muhammad Zidhan L Makarawung, Julio Franco Jehovah Matakena, Jenesya Susye Nendissa, Renny Heronia Peilouw, Johanis Stenly Franco Peilouw, Johanis Steny Franco Pentury, Zachary Ivander Popi Tuhulele, Popi Rehatta, Veriana Josepha Batseba Riry, Welly Angela Safiun, Safiun Salampessy, Sal Sabila Tahalea, Rensy Elma Tahalea Tahamata, Lucia Charlota Octavina Tahamata, Lucia Charlota Octovina Tetelepta, Joel Toisuta, Chayenne Rosele Yohana Toisuta, Muhamad Rizky Umarella, Andriani Putri Sari Wa Djuhardi, Fitri Maryam Waas, Richard Marsilio Wattimena, Jose Christy Wattimena, Josina Agusthina Yvonne Wattimena, Josina Augustina Yvonne