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All Journal Perspektif : Kajian Masalah Hukum dan Pembangunan TATOHI: Jurnal Ilmu Hukum PATTIMURA Law Study Review SASI
Popi Tuhulele
Fakultas Hukum Universitas Pattimura
Humanities Law, Crime, Criminology & Criminal Justice

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Journal : PATTIMURA Law Study Review

 1 
Implikasi Hukum Perjanjian Damai Amerika Serikat Dan Taliban Novi D Permatasari; Popi Tuhulele; Wilshen Leatemia
PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 2023 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v1i1.9968

Abstract

International agreements in relation to the settlement of international disputes that occur in a country is the basis or benchmark in resolving conflicts that occur in a country. Purposes of the Research provide academic input for the development of legal science, especially in the field of International Law, International Treaty Law related to the regulation and legal impact of the peace treaty between the United States and the Taliban on the stability of Afghan state security. The research method used in this research is normative legal research by reviewing legal literature materials through a statutory approach, case approach and conceptual approach. The sources of legal materials used are primary, secondary and tertiary legal materials. The technique of collecting legal materials is carried out by library research using qualitative analysis techniques. The results of the study show that the agreement between the disputing parties is a formal commitment between the opposing parties to end the war, as stipulated in article 33 paragraph (1) of the UN Charter and in article 2 paragraph (1) of the 1969 Vienna Convention on International Agreements. The implication of the peace agreement between the United States and the Taliban is that there will be political and security instability in Afghanistan which has the potential to last for a long time. Where the Taliban have not created a conducive government system and have not received the support of the international community so it still takes time to create stability for the country of Afghanistan.
Hak Penuntutan Perserikatan Bangsa-Bangsa Berdasarkan Hukum Internasional Piternely Matitaputty; Popi Tuhulele; Johanis Steny Franco Peilouw
PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 2023 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v1i1.10586

Abstract

ABSTRACT: The United Nations (UN) is one of the most important international organizations today. A security officer at the UN representative office in Guzara District, Herat Province when the building became the target of an attack in the middle of a battle between the Taliban militia group and Afghan troops. The purpose of this research is to know and analyze the arrangements for UN employees serving on the territory of member countries according to the UN Charter and to find out whether the UN can legally prosecute the killing of UN employees. The method used is a normative juridical research method using a statutory approach, a conceptual approach as well as a case approach. The results of this study explain that the regulation of cases of murder of UN employees serving in an area is the most important matter according to international law, the UN in this case an international organization must guarantee in upholding the case.
Suksesi Di Afganistan Menurut Hukum Internasional Farhan Juneth Paisuly; Popi Tuhulele; Welly Angela Riry
PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 2023 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v1i1.10590

Abstract

ABSTRACT: Succession is a change or replacement of a legal subject by another legal subject. Similar to Garner's opinion, this is also stated in civil law that succession means the replacement of one legal subject by another legal subject. For example, because the first legal subject died. Although not very precise, the definition of succession is used in international law and is applied to two events of state change, namely state succession and government succession. This legal research uses normative juridical law or library law research, namely legas researchconducted by examining literature or secondary data consisting of primary legal materials, secondary law, and tertiary law. These materials are then methodicaly collected, reviewed, and conculusions draw with repect to the problem being investigated. In particular the legal implications of state succession under international law. The results of the study show that these arrangements are reflected in three conventions governing state succession according to international law, namely: First, the 1969 Vienna Convention on the Law of Treaties, which adheres to the principle of rebus sic stantibus, which states that if there is a fundamental change, circumstances can be used to terminate or withdraw from the agreement; Second, the 1978 Vienna Convention on Succession of States in Relation to International Agreements, which only applies to written international agreements attached to an agreement; and Third, the 1982 Vienna Convention on the Successional Status of States has legal consequences for state archives, private property rights, public property rights, and state property rights.
Tinjauan Perjanjian Internasional Terhadap Kerja Sama Mikro Ezra Raphael Timotius; Popi Tuhulele; Dyah Ridhul Airin Daties
PATTIMURA Law Study Review Vol 1 No 2 (2023): Desember 2023 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v1i2.11775

Abstract

International Treaties are sources of international law that have the basis of international legal force. Countries in the Southeast Asian region agreed to create a safe and peaceful atmosphere for the region by forming an organization called ASEAN. ASEAN formed the ASEAN Economic Community (AEC) which is a form of economic integration in the Southeast Asian region. AEC aims to assist ASEAN integration through AEC (ASEAN Economic Community). Each ASEAN member country pays attention to strategies, policies for the empowerment of MSMEs, including in Indonesia. The purpose of the study is to analyze and know about ASEAN cooperation, especially AEC in Micro Cooperation (MSMEs) in ASEAN and to analyze and find out the implementation of MSME micro cooperation agreements implemented in Indonesia. This research method used is normative juridical. The problem approach used is a legal approach and a conceptual approach. The sources of legal materials are primary, secondary, and tertiary. Collection of legal materials using literature studies. Furthermore, the analysis of legal materials on MSME trade, ASEAN, and their relationships in International Agreements is analyzed and processed systematically so that the results are expected to answer this research problem. The results of the study found that the AEC cooperation relationship has a positive impact on MSME microeconomic cooperation in ASEAN. The presence of AEC is the basis and legal basis, important for MSME microeconomic cooperation. The implementation of the AEC cooperation agreement for Indonesian MSMEs has been going well, but there are still several obstacles that need to be overcome. These problems are related to funding, availability of natural resources, and lack of human resources. These things are still a challenge for Indonesia in competing with other countries.
Embargo Terhadap Negara Dalam Keadaan Darurat Dan Pemenuhan Hak Asasi Manusia Marthin Ellon Hattu; Popi Tuhulele; Richard Marsilio Waas
PATTIMURA Law Study Review Vol 1 No 2 (2023): Desember 2023 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v1i2.11778

Abstract

An embargo is an international legal sanction in the form of prohibiting or restricting the import and export of goods or services between countries. This is triggered by conflicts made by a country where some embargo countries hope that this embargo policy can force other countries to want to jointly resolve conflicts that occur in a country that makes conflicts, The armed conflict that occurred in Syria under the Al-Assad regime caused many Syrians to be tortured and killed for demanding reforms, so that America and European Union countries implemented and imposed sanctions embargoes on the Syrian government. Article 41 of the Charter of the United Nations authorizes the UN Security Council to implement nonmilitary measures, including embargoes, in an effort to maintain or restore international peace and security. The purpose of this study is to analyze and determine the treatment of embargoes on countries in emergencies that can be qualified as violations and determine the legal impact of embargoes on the fulfillment of human rights, The research method used by the author is normative law using statutory, conceptual and case approaches. The results of this study show that the use of Embargo sanctions against countries in emergencies qualifies as a violation of human rights, because it can worsen the condition of civil society and also the embargo in an emergency has violated the provisions of international law in the Universal Declaration of Human Rights of 1948 which in that provision explains the inherent rights of human beings.
Peran Association Of South East Asian Nations (ASEAN) Dalam Menyelesaikan Sengketa Laut China Selatan Sarah Nursyifa M Nusa; Irma Halima Hanafi; Popi Tuhulele
PATTIMURA Law Study Review Vol 1 No 2 (2023): Desember 2023 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v1i2.11782

Abstract

ASEAN as a regional organization whose members include most of the countries involved in this dispute, has an important role in trying to reduce tensions and maintain stability in the region. There are provisions in the 1982 Law of the Sea Convention regarding the reclamation of the PRC which has given rise to various interpretations. The court found that there was no historical evidence that China controlled and dominated natural resources alone in the South China Sea. It was also found that China has caused serious damage to the coral reef environment by building artificial islands. Although ASEAN is not a party directly involved in this dispute, the organization has an important role in helping manage the conflict and promoting norms of behavior that are binding on all parties involved. The research method used is normative juridical research. The problem approach method used is the Law approach, Concept approach and Case approach. The use of legal source materials consists of primary and secondary legal materials to discuss problem formulation. The research results show that: The mechanism for resolving disputes within the Association of South East Asian Nations (ASEAN) is carried out peacefully through dialogue, consultation and negotiation. Member countries involved in a dispute can resolve the dispute using good offices, conciliation or mediation mechanisms. Second, ASEAN's role in resolving South China Sea disputes involving third countries through the development of a Code of Ethics in the South China Sea (COC), which began with the signing of the Declaration on the Zone of Peace, Freedom and Neutrality (ZOPFAN) for recognition and respect as a zone. peace, freedom and neutrality by external powers while expanding cooperation. So it is hoped that ASEAN can make further efforts specifically so that this issue can have a binding agreement between all countries concerned in these regions.
Co-Authors Dyah Ridhul Airin Daties Ezra Raphael Timotius Fadilah Lay Fatimah Ely Farhan Juneth Paisuly Gremy Marsel Makatita Halima Hanafi, Irma Johanis Steny Franco Peilouw Lucia Charlota Octovina Tahamata Marthin Ellon Hattu Neladi Frisilia Lilipaly Novi D Permatasari Nur Reski Molle Piternely Matitaputty Richard Marsilio Waas Sarah Nursyifa M Nusa Welly Angela Riry Wilshen Leatemia