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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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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).
Perlindungan Satwa Langka Berdasarkan Asean Aggrement On The Conservation of Nature and Nature Resources 1985 Kainama, Clif; Hanafi, Irma Halima; Daties, Dyah Ridhul Airin
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.v3i1.19703

Abstract

The 1985 ASEAN Agreement on the Conservation of Nature and Nature Resources states that ASEAN member states have responsibilities for wildlife in terms of protecting endangered species, conserving endemic species and implementing policies under their authority to prevent the extinction of species and subspecies. Article 5 of the agreement regulates endangered and endemic species, which states must register endangered species and take special measures. In relation to endangered wildlife, member states are responsible for prohibiting the hunting of such species; regulating the trade and possession and products of such species; protecting the habitats of such species; taking necessary policies to improve their conservation status and restore their populations to the highest level. This type of research is normative juridical where the research is carried out by collecting primary, secondary and tertiary data obtained using literature studies. The data that has been collected is analyzed qualitatively in which the description is arranged systematically based on legal disciplines to achieve clarity of the problems to be discussed. The results of this study show that animal protection is regulated in Article 3 of the ASEAN Agreement on the Conservation of Nature and Natural Resources: “The Contracting Parties shall, wherever possible, maintain maximum genetic diversity by taking action aimed at ensuring the survival and promoting the conservation of all species under their jurisdiction and control”.
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.
Kehendak Negara dalam Perjanjian Internasional Hetharie, Brandon Tanner; Wattimena, Josina Agusthina Yvonne; Daties, Dyah Ridhul Airin
Uti Possidetis: Journal of International Law Vol 6 No 3 (2025): Oktober
Publisher : Faculty of Law, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/up.v6i3.47155

Abstract

Background: International cooperation through treaties establishes legally binding obligations for states that have expressed their consent to be bound under international law. In practice, however, the exercise of state will as an expression of sovereignty often comes into tension with these binding legal norms. In this context, what is often perceived as a disregard for treaty compliance does not indicate the absence of binding legal force, but rather reflects juridical tensions between treaty obligations and the exercise of state will.This study examines how state will operates within the framework of treaty compliance and influences the binding legal force of international treaties. Methodology: This research uses a normative juridical method with statutory, case-based, and conceptual approaches. Data were collected from primary, secondary, and tertiary legal materials through literature review and analyzed qualitatively and descriptively. Objectives: The study aims to analyze the binding legal force of international treaties and to examine the juridical tensions that arise when state will conflicts with treaty compliance and implementation. Findings: The binding force of international treaties constitutes a complex legal construction that cannot be fully understood through a purely legalistic approach. A multidimensional analysis incorporating juridical, philosophical, sociological, and theoretical perspectives demonstrates that state compliance with international treaties is shaped not only by legal obligation, but also by domestic political dynamics and strategic national interests. In practice, these factors generate an asymmetry of state will in treaty compliance, whereby disparities in political power and legal capacity allow stronger states greater flexibility than developing states.Originality/Novelty: By situating state will within the juridical framework of treaty compliance, this study offers a contemporary legal analysis of how binding treaty obligations interact with political realities in modern international law.
Perlindungan Objek Sipil dalam Konflik Bersenjata Menurut Hukum Humaniter Internasional Safiun, Safiun; Tahamata, Lucia Charlota Octavina; Daties, Dyah Ridhul Airin
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.v3i2.12781

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.
Hak Anak-Anak Pengungsi Rohingya dan Perlakuan Standar Minimum dalam Hukum Internasional Lesbatta, Franszisco Alvaro; Hanafi, Irma Halima; Daties, Dyah Ridhul Airin
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.v2i3.14732

Abstract

The Rohingya ethnic group was excluded by the Myanmar Military Junta Government from the list of majority ethnic groups and ethnic minorities who have lived in Myanmar since the 1980s. Since then, the Rohingya ethnic group has become victims of discrimination, forced labor, human rights violations and so on. This resulted in the Rohingya ethnic group seeking refuge in other countries, including Bangladesh, Malaysia, Thailand, India and Indonesia. Rohingya ethnic refugees entered Indonesia for the first time in 2009. The surge in Rohingya refugees entering Indonesia occurred in the period November 2023 to 10 December 2023, where they used 9 different boats. Fulfilling the rights of Rohingya refugee children is not yet sufficient or has not been fulfilled optimally in accordance with the 1989 Convention on the Rights of the Child which is specifically stated in Article 22 which stipulates that every international and national element must guarantee the fulfillment of the rights of children with refugee status. The research method uses normative juridical research, with an analytical perspective research type, as well as sources of legal materials which include primary legal materials, secondary legal materials and tertiary legal materials. Collection of legal materials is carried out through literature study and analysis. The research results show that Indonesia has tried to fulfill the rights of Rohingya refugee children, but this has not been implemented well or optimally. So that Indonesia, as one of the countries that has ratified the 1989 Convention on the Rights of the Child, must make more efforts to fulfill the rights of Rohingya refugee children in accordance with the Convention on the Rights of the Child which is specifically stated in article 22, and must be in line with the concept of minimum child protection standards. which is a guideline in protecting and fulfilling the rights of Rohingya refugee children.
Implementasi Putusan Mahkamah Arbitrase Internasional Dan Akibat Hukumnya: Konflik Antara China dan Filipina Atas Laut China Selatan Toisuta, Muhamad Rizky; Peilouw, Johanis Stenly Franco; Daties, Dyah Ridhul Airin
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.v3i3.20624

Abstract

The South China Sea dispute stems from China's historical "nine-dash line" claim to almost the entire area, which the Philippines rejects. In 2013, the Philippines brought the dispute to the Permanent Court of Arbitration (PCA). The PCA's July 12, 2016 ruling affirmed that China's claim had no legal basis under UNCLOS 1982 and rejected the validity of the "nine-dash line", while designating areas such as Scarborough Shoal as part of the Philippines' Exclusive Economic Zone (EEZ). China's stance in rejecting the arbitral award has also been criticized by surrounding countries and the international community, who consider such actions to threaten regional security and raise concerns about the potential for armed conflict in the strategic region. The author uses normative juridical research. In general, normative legal research is research that focuses on legal issues in a particular jurisdiction. Normative legal research focuses on the statutory approach, which leads to the idea that normative research is research on laws and regulations. The analysis focuses on the provisions of UNCLOS 1982, international dispute resolution mechanisms, and the implementation of arbitral awards in global legal practice. The implementation of the Permanent Court of Arbitration (PCA) award faces significant political challenges due to China's rejection, so the legal consequences are more political and economic than formal juridical. The Philippines respects and seeks to implement the award, while China expressly rejects it. This rejection has led to various legal consequences, including the application of enforcement mechanisms that include economic sanctions, membership sanctions in international organizations, and unilateral sanctions from certain countries. Although the PCA ruling has the binding force of international law, China's non-compliance with the ruling shows the limitations of international law enforcement mechanisms in maritime disputes involving major powers. Therefore, resolving South China Sea disputes requires a more comprehensive approach, combining legal, political and diplomatic aspects to achieve sustainable regional stability. The role of the international community and relevant countries is crucial in encouraging compliance with international law and preventing conflict escalation that can have far-reaching regional and global impacts.
Penerapan Prinsip Non Intervensi Dalam Hukuman Mati Terhadap Warga Negara Asing Wa Djuhardi, Fitri Maryam; Tuhulele, Popi; Daties, Dyah Ridhul Airin
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.v2i3.23319

Abstract

The ASEAN Charter has clear rules regarding respect for the principle of non-intervention. There is a misunderstanding between the application of the principle of non-intervention and the state responsibility, such as in cases relating to foreign nationals, namely the postponement of the execution of the death penalty against Mary Jane as a Philippine citizen. This raises questions regarding the actions of the Philippine government in handling the problems of its citizens in Indonesia which are considered acts of intervention because they contradict the determination of the death penalty verdict that has permanent legal force. The problems studied include: first, how is the regulation of the principle of non-intervention according to International Law. Second, whether the diplomatic efforts made by the State of the Philippines related to the postponement of the execution of the death penalty against its citizens is an act of violation of the principle of non-intervention. This research uses normative juridical method to find out whether the efforts made by the State of the Philippines is an act of violation of the principle of non-intervention according to International Law. From the research conducted, the conclusion follows that the principle of non-intervention is a principle relating to foreign subjects, meaning that the government must avoid intervening in a country's jurisdiction, but on this side must maintain diplomatic relations. As the Philippine government has done, by submitting appeals, cassations, clemency applications to judicial review. This is the Philippines' responsibility to protect its citizens, while the Indonesian government also has the responsibility to protect national interests. To balance the principle of non-intervention with the interests of cooperative relations in the form of diplomacy can be done by making national policies that have the opportunity to alleviate the death penalty sanctions for certain crimes such as drug crimes.
Pendudukan Wilayah Oleh Negara Musuh dan Pelaksanaan Referendum Salampessy, Sal Sabila; Tuhulele, Popi; Daties, Dyah Ridhul Airin
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.v3i2.24018

Abstract

Occupation is a form of sovereignty enforcement over a territory that is not under the control of another state, and the UN Charter prohibits the acquisition of territory by force. The referendum conducted by Russia in Ukrainian territory constitutes a violation of Article 2(4) of the UN Charter, UN General Assembly Resolution Number 2625 of 1970, and UN General Assembly Resolution Number 2131 of 1965 on the prohibition of intervention in the internal affairs of other states. The principle of self-determination through a referendum should be conducted without external interference and in accordance with international law. This research employs normative legal methods with case and legislative approaches to examine the regulations regarding referendums in international law and the feasibility of conducting them in enemy-occupied territories. The findings indicate that a referendum cannot be lawfully conducted in an enemy-occupied territory as it violates fundamental principles of state sovereignty, territorial integrity, and the non-intervention principle in international law. Concrete examples, such as the referendums conducted by Russia in Crimea and the regions of Donetsk, Lugansk, Kherson, and Zhaporizhia, illustrate violations of international law, with the results of these referendums being legally unrecognized by the international community.
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