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All Journal TATOHI: Jurnal Ilmu Hukum PAMALI: Pattimura Magister Law Review Balobe Law Journal SASI
Arman Anwar
Fakultas Hukum Universitas Pattimura, Ambon
Law, Crime, Criminology & Criminal Justice

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Aspek Interoperabilitas Antara Lantamal IX Dengan Kamla Zona Bahari Timur Dalam Penegakan Hukum Di Laut Maluku Ditinjau Dari Perspektif Harmonisasi Hukum Andrizal Andrizal; John Dirk Pasalbessy; Arman Anwar
PAMALI: Pattimura Magister Law Review Vol 1, No 2 (2021): VOLUME 1 NOMOR 2, SEPTEMBER 2021
Publisher : Postgraduate Program in Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v1i2.621

Abstract

Introductioan: The basic conception of the realization of security in the territorial waters essentially has two dimensions, namely the enforcement of sovereignty and the enforcement of security which are interrelated with each other.Purposes of the Research:  This study aims to analyze and discuss the interoperability between Lantamal IX and Kamla of the East Maritime Zone in law enforcement in the Maluku Sea is viewed from the perspective of legal harmonization and the obstacles faced by Lantamal IX and Kamla of the East Maritime Zone in Law Enforcement in the Maluku Sea when interoperability is connected. with efforts to harmonize the law.Methods of the Research: The research was conducted using a normative juridical method with a c statutory approach, conceptual approach and comparative approach a by specifically analyzing the performance of the institution and its authority in the implementation of law enforcement in the Maluku Sea based on the legislation which was then analyzed qualitatively.Results of the Research: The results showed that Lantamal IX and Kamla East Maritime Zone had the same authority in conducting security and safety patrols in the Maluku Sea, thus potentially causing overlapping authorities. Therefore, interoperability is needed between the two institutions in order to create synergy and minimize the occurrence of sectoral egos. So far, the interoperability of Lantamal IX and Kamla of the East Maritime Zone has been established, but it has not run optimally and continuously. Functional analysis of the collaboration between LANTAMAL IX and the East Maritime Zone Kamla shows that there are obstacles related to juridical and material aspects. In the juridical aspect, the East Maritime Zone Kamla does not have the authority to investigate so that the ship being considered must be handed over to the authorized agency. In addition, there has been no renewal of the memorandum of understanding between BAKAMLA and TNI Headquarters. As a result, patrol operations are not supported by Indonesian Navy warships. Meanwhile, materially, the facilities and infrastructure of the East Maritime Zone Kamla are minimal while BAKAMLA has a large enough budget for the implementation of operations. Likewise, the synergy of operations and sharing of data and information has not been maximized. Therefore, interoperability is needed through harmonization of law and synergy.
Status Hukum Wilayah Palestina Dalam Peta Digital Internasional Berdasarkan Hukum Internasional Kesya Meidy Lourens; Arman Anwar; Richard Marsilio Waas
TATOHI: Jurnal Ilmu Hukum Vol 2, No 3 (2022): Volume 2 Nomor 3, Mei 2022
Publisher : Faculty of Law Pattimura University

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Abstract

Introduction: This study discusses the issue of Palestine's non-participation in making international-based digital maps, Google in this case Google maps, as one of the Multinational or Transnational companies, which is part of the subject of International Law.Purposes of the Research: Knowing and analyzing the legal status of the Palestinian territories on international digital maps in international law. Methods of the Research: This study uses a normative juridical method with the legal materials used in the research are primary, secondary and tertiary with the use of literature study techniques in the form of international legal regulations, scientific works and literature.Results of the Research: The results of the study show that in international law, digital-based maps have not been properly regulated, so that in the process of making digital maps by digital companies under the auspices of multinational companies, there are many problems because there are no written provisions. To overcome this, it is necessary to make arrangements internationally in order to create legal certainty and prevent the emergence of public opinion which interprets unilaterally so that it can threaten the existence of a country's sovereignty.
Perlindungan Gedung Perwakilan Diplomatik Republik Indonesia Dalam Konflik Bersenjata di Yaman Rusvinna Rizky Hariyanti; Arman Anwar; Dyah Ridhul Airin Daties
TATOHI: Jurnal Ilmu Hukum Vol 2, No 1 (2022): Volume 2 Nomor 1, Maret 2022
Publisher : Faculty of Law Pattimura University

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Abstract

Introduction: The diplomatic representative building is a place used to carry out all activities related to the mission of diplomatic officials and has been protected by law. But in reality, the diplomatic mission building has always been the target of armed conflict and caused such destruction that diplomatic representatives could not carry out their duties properly.Purposes of the Research: Know and analyze the protection arrangements of diplomatic representative buildings according to the Vienna Convention on Diplomatic Relations 1961. Methods of the Research: The research method used is normative legal research by reviewing legal literature using statutory regulations, case approaches and conceptual approaches.Results of the Research: The results of the research showed that the diplomatic representative building is legally protected under Article 22 of the Vienna Convention on Diplomatic Relations 1961. The convention obliges the receiving state to take all steps to protect the mission building against intrusion or destruction. This obligation applies even if the receiving country is in an armed conflict, whether international or non-international. The armed conflict in Yemen caused the destruction of the Indonesian diplomatic representative building. Therefore, Yemen as a receiving country is considered negligent in carrying out protection and is required to be responsible internationally.
Perlindungan Tenaga Kesehatan Sukarela Di Daerah Konflik Bersenjata Menurut Hukum Internasional Zian Rahmatullah; Josiana Agusthina Yvonne Wattimena; Arman Anwar
TATOHI: Jurnal Ilmu Hukum Vol 1, No 12 (2022): Volume 1 Nomor 12, Februari 2022
Publisher : Faculty of Law Pattimura University

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Abstract

Introduction: This study discusses the implementation of the protection of voluntary health workers in areas of armed conflict who work independently or under the auspices of national and international humanitarian organizations that have a very large role in providing medical assistance.Purposes of the Research: This study aims to examine and understand international law governing the protection of voluntary health workers in areas of armed conflict and to analyze the implementation of the protection of voluntary workers from the Syrian armed conflict. Methods of the Research: The research method used is normative juridical research or doctrinal legal research by examining legal literature using a law approach and a case approach. the use of legal material sources consists of primary, secondary, and tertiary legal materials. The technique of collecting legal materials is through literature study using qualitative analysis techniques.Results of the Research: The results showed that the protection for the safety of voluntary health workers, the security of buildings and medical equipment and their facilities in the war in Syria had not been carried out optimally in accordance with the provisions of international law, namely the 1949 Geneva Conventions and the 1977 Additional rotocol, because there were still acts of violation from the parties involved. conflict in Syria that threatens the safety of life, including the security of buildings and facilities for voluntary health workers.
Pelanggaran Hak Asasi Manusia oleh Milisi dalam Perang Saudara di Nigeria Marten Karelauw; Arman Anwar; Veriena Josepha Batseba Rehatta
TATOHI: Jurnal Ilmu Hukum Vol 1, No 11 (2022): Volume 1 Nomor 11, Januari 2022
Publisher : Faculty of Law Pattimura University

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Abstract

Introduction: Militia can serve as a supplement to the regular military, or they can oppose it, for example against military coups.Purposes of the Research: This writing aims to analyze and examine how the international legal arrangements regarding militias in a country. Methods of the Research: The research method in this paper uses a prescriptive analytical research type. The research approach used is a statutory approach, a conceptual approach and a case approach. The procedure for collecting legal materials uses primary legal materials and secondary legal materials through books, articles, journals and the writings of legal experts, as well as legal materials analysis techniques in this study using qualitative analysis techniques.Results of the Research: The result obtained is the regulation of human rights violations by militias in the civil war in Nigeria, specifically regulated in Article 3 of the 1949 Geneva Conventions concerning the obligations of parties to non-international armed conflicts that take place in the territory of one of the High Contracting Parties. And Additional Protocol II of 1977 as a complement to the 1949 Geneva Conventions which regulates armed conflicts that are not international in nature. Based on the provisions of the convention and the Additional Protocol, in its implementation in armed conflict by militias in Nigeria, various human rights violations by militias were found. So it is necessary to have an active role from international organizations in enforcement and protection efforts, as a form of role in creating peace for the parties.
Urgensi Penetapan Pas Lintas Batas Antara Pulau Atauro (Timor Leste) Dan Pulau Lirang (Indonesia) Dari Perspektif Hukum Keimigrasian Yansen Paulus Rinaldy Andries; Arman Anwar
TATOHI: Jurnal Ilmu Hukum Vol 1, No 10 (2021): Volume 1 Nomor 10, Desember 2021
Publisher : Faculty of Law Pattimura University

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Abstract

Introduction: This study discusses the problem that has not been applied to the Cross-border Pass between the island of Atauro (Timor Leste) and the Island of Lirang (Indonesia) which has resulted in people from the two islands being able to freely enter and exit the border area without immigration checks. Indonesia.Purposes of the Research: Analyzing and knowing the urgency of establishing a cross-border pass between Atauro Island (Timor Leste) and Lirang Island (Indonesia) from the perspective of immigration law. Methods of the Research: This study uses a normative juridical method with the legal materials used in the study are primary, secondary and tertiary with the use of literature study techniques in the form of international legal regulations, scientific papers and literature.Results of the Research: The urgency of establishing a cross-border pass between the island of Atauro (Timor Leste) and Lirang Island (Indonesia) from the perspective of immigration law, namely: other laws, such as economic law, international law and criminal law. In connection with this, if there is no permission from each country for its citizens to cross the border area then this action is an illegal act or a violation in the field of immigration. Therefore, the determination of the Cross-Border Pass and the construction of the Cross-Border Post must immediately be carried out on Atauro Island (Timor Leste) and Lirang (Indonesia).
Perlindungan ABK Indonesia Yang Bekerja Di Kapal Asing Berdasarkan Unclos 1982 Wahyuni Boeng; Arman Anwar; Richard Marsilio Waas
TATOHI: Jurnal Ilmu Hukum Vol 1, No 8 (2021): Volume 1 Nomor 8, Oktober 2021
Publisher : Faculty of Law Pattimura University

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Abstract

Introduction: This study discusses the legal review of the protection of Indonesian crew members working on foreign ships based on UNCLOS 1982 related to cases of environmental pollution carried out by South Korean ships in the Strait of Hormus, Persian Gulf, Iran involving 2 (two) Indonesian crew members in hold by Iran.Purposes of the Research: Analyze the detention of crew members in accordance with international law and analyze the responsibility of the Indonesian government in the process of releasing and repatriating Indonesian crew members detained by the Iran government.Methods of the Research: This research uses the juridical normative method by using a statutory approach, a conceptual approach, and a case approach.Results of the Research: The results showed that the detention by the Iranian government of the ship and crew of Hankook Chemi, South Korea was in accordance with international law based on the provisions of Article 73 of UNCLOS 1982, namely that the coastal State has the authority to enforce the legislation of the coastal State. However, the Indonesian government also has the right to provide legal protection to Indonesian crew members. The forms of protection of the Government of Indonesia consist of 3, namely: technical protection, juridical protection, and political protection, based on the Law of the Republic of Indonesia Number 39 of 2004 concerning the placement and protection of Indonesian workers abroad.
Perlindungan Hak Perempuan Di Iran Berdasarkan Instrumen Cedaw Rachma Rizky Melania Latuconsina; Josina Augusthina Yvonne Wattimena; Arman Anwar
TATOHI: Jurnal Ilmu Hukum Vol 1, No 6 (2021): Volume 1 Nomor 6, Agustus 2021
Publisher : Faculty of Law Pattimura University

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Abstract

Introduction: This research discusses the issue of women's rights that occur in Iran that requires deeper attention and protection, it is seen based on the CEDAW instrument that cases that occur in Iran violate the provisions of CEDAW. Purposes of the Research: Knowing and analyzing about the protection of women's rights under CEDAW in Iran.Methods of the Research: This study uses a normative juridical method with the legal materials used in the study are primary, secondary and tertiary with the use of literature study techniques in the form of international legal regulations, scientific papers and literature.Results of the Research: The results of the research show that violations of women's human rights in Iran still frequently occur, in the form of honor killings and so on. The efforts of national and international agencies such as CEDAW have still not been able to solve this problem because in fact many violations are still found in Iran.
Tanggungjawab Negara Bendera Kapal Terhadap Perbudakan ABK Indonesia Ahriani Ahriani; Josina Augustina Yvonne Wattimena; Arman Anwar
TATOHI: Jurnal Ilmu Hukum Vol 1, No 2 (2021): Volume 1 Nomor 2, April 2021
Publisher : Faculty of Law Pattimura University

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Abstract

Introduction: Until now, there are still many cases of crew members who receive inhuman treatment and even include slavery, apart from receiving inhuman treatment, the crew members also do not get a salary in accordance with the work agreement. Slavery is a gross human rights violation because it undermines human dignity. Based on the facts of migrant workers, especially Indonesian crew members, it shows that the treatment received by Indonesian crew members is not in accordance with the provisions of international conventions and Indonesian national regulations.Purposes of the Research: This paper aims to find out how international law regulates the prohibition of slavery on ships and the responsibility of the flag state of ships in cases of Indonesian crew slavery.Methods of the Research: The method used in this research is the type of normative juridical research method, the type of descriptive analytical research, the source of legal materials, namely primary legal materials, secondary legal materials and tertiary legal materials. Legal Material Analysis and Legal Material Analysis Methods.Results of the Research: The results obtained are that basically international law has regulated and provided legal protection for ABK. International legal arrangements regarding the prohibition of slavery on board are contained in the international legal instruments CAT (Convention against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment), CERD (International Convention on the Elimination of All Forms of Racial Discrimination), UDHR (Universal Declaration of Human Rights), and ILO (International Labor Organization). The responsibility of the flag state of the ship in the case of Indonesian crew slavery. that any problem arising from a ship with the flag of its State, the country concerned is obliged to effectively exercise its jurisdiction and control, investigate and carry out inspection of the vessel concerned In the case of slavery for Indonesian crew members, which involves the State of Indonesia and China, the two countries must cooperate in examining the case, in this case the slavery case that occurred against Indonesian crew members.
Pengaturan Mengenai Pengakuan Terhadap Organisasi Pemberontak Sebagai Subjek Hukum Ditinjau Dari Hukum Internasional Rendyano Rizalno Hiariej; Arman Anwar; Welly Angela Riry
TATOHI: Jurnal Ilmu Hukum Vol 2, No 5 (2022): Volume 2 Nomor 5, Juli 2022
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i5.1109

Abstract

Introduction: Indonesia from time immemorial until after independence faced various kinds of problems, both international and non-international. Although this problem can be solved in different ways, there are also parties who can solve it in an unsympathetic way. This can encourage the emergence of conflicts arising from the current struggle, in particular armed conflicts.Purposes of the Research: This paper aims to examine and discuss how the regulation of rebel organizations as a legal subject is reviewed from international law.Methods of the Research: The method used is a normative juridical research method using a case approach, a statutory approach and a conceptual approach.Results of the Research: The results obtained from the study show that the instruments of international law governing rebels as subjects of international law are the Hague Convention IV of 1907, as well as The Supplementary Protocol II of the Geneva Conventions of 1949. The Rebels, Insurgents and Belligerents remain obliged to comply with the provisions of international law. The Free Papua Organization (OPM) does not yet have a juridical personality as a subject of international law because it does not meet the criteria for rebels as stipulated in the 1907 Hague Convention IV and the Geneva Conventions. 1949. While the status of the opening of the OPM Representative Office in the United Kingdom does not affect the British attitude in respecting the sovereignty and territorial integrity of Indonesia including the recognition of Papua as part of the Republic of Indonesia.  The resolution of the Papuan conflict should take a way of peaceful and integrated negotiations with the interests of the welfare of the people in Papua as a whole.
Co-Authors Ahriani Ahriani Andrizal Andrizal Avan Caezhar Prayugo Azarya Gerry Likumahua Dio Boy Tetelepta Dyah Ridhul Airin Daties Figur Muhammad Ali Putra Nirwan Fikryansha Tuah Halima Hanafi, Irma John Dirk Pasalbessy Josiana Agusthina Yvonne Wattimena Josina Augusthina Yvonne Wattimena Josina Augustina Yvonne Wattimena Kesya Meidy Lourens Lucia Charlota Octovina Tahamata Marlin Paulina Laiyan Marten Karelauw Marthinus Kainama Muhamad Ali Aqsa Haupea Natasya Carolina Hitipeuw Nurul Fitrah Rachma Rizky Melania Latuconsina Rachma Rizky Melania Latuconsina Rendyano Rizalno Hiariej Richard Marsilio Waas Rusvinna Rizky Hariyanti Veriana Josepha Batseba Rehatta Veriena Josepha Batseba Rehatta Wahyuni Boeng Welly Angela Riry Yansen Paulus Rinaldy Andries Zian Rahmatullah