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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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Kedaulatan Negara Dalam Invasi Rusia Ke Ukraina Berdasarkan Hukum Internasional Muhamad Ali Aqsa Haupea; Josina Augustina Yvonne Wattimena; Arman Anwar
PAMALI: Pattimura Magister Law Review Vol 3, No 2 (2023): SEPTEMBER
Publisher : Postgraduate Program in Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v3i2.1351

Abstract

Introduction: Russia's invasion of Ukraine gave rise to mixed opinions in the international community regarding the concept of state sovereignty, both in theory and practice.Purposes of the Research:  The regulation of state sovereignty has experienced a conceptual shift according to international law and Russia's invasion of Ukraine has caused a shift in the concept of state sovereignty in international law.Methods of the Research: The research used is normative juridical, using an analytical perspective research type. The legal materials are primary, secondary and tertiary legal materials. The approaches used are the statutory approach, the conceptual approach and the case approach. The technique for collecting legal materials uses library research which is then analyzed qualitatively to answer the problems being studied.Results of the Research: The research results show that the concept of state sovereignty is experiencing changes and shifts in meaning according to developments over time. The revolutionary changes of the late 18th and 19th centuries gave rise to the concept of sovereignty which included the principle of equality of states and the principle of non-intervention in the internal affairs of other states as one of its important elements. Regarding the causes of Russia's invasion of Ukraine, it was influenced by various factors, including historical, political, economic, security and defense factors, as well as to protect pro-Russian separatist groups who wanted to separate themselves from Ukraine. Russia's invasion of Ukraine did not affect the shift in the concept of sovereignty as currently accepted by the international community in the modern ideology of sovereignty. On a theoretical and practical level, the will of the Russian state has great interests in carrying out actions that threaten peace, or violate peace by launching aggression against Ukraine as a sovereign state. Russia as a party to various international agreements has an obligation to respect international law where state sovereignty and equality between countries are recognized concepts and have become the basis of the international legal system
Perlindungan Hak Asasi Manusia Pekerja Migran Di Qatar Terhadap Sistem Kafala Berdasarkan Konvensi International Labour Organization Nomor 143 Tahun 1975 Tentang Pekerja Migran Azarya Gerry Likumahua; Arman Anwar; Richard Marsilio Waas
TATOHI: Jurnal Ilmu Hukum Vol 3, No 4 (2023): Volume 3 Nomor 4, Juni 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i4.1796

Abstract

Introduction: Migrant workers have human rights that must be respected and protected.Purposes of the Research:  This paper aims to find out and analyze the regulations on the protection of the human rights of migrant workers in terms of ILO Convention Number 143 of 1975 concerning migrant workers and to find out and analyze the kafala system in Qatar contrary to ILO Convention Number 143 of 1975 concerning migrant workers.Methods of the Research: The method used is a normative juridical research method using a case approach and a statutory approachResults of the Research: The results of the study show that the ILO Convention 143 of 1975 concerning Migrant Workers has guaranteed the respect and protection of the human rights of migrant workers, while the Kafala system is based on the Qatar Constitution which is based on Islamic sharia law where the legal relationship between the employer (insurer) and the worker (insured) must be mutually agreed upon. in the contract (agreement) in the principle of trust (sponsorship) imbued with the spirit of religiosity, but in practice its implementation has been misused by employers and companies for the benefit of their personal gain so that they are no longer trustworthy in carrying out their responsibilities as stipulated in the Kafalah system. The Kafala system needs to be reviewed and evaluated by the Government of Qatar so that in its application it is no longer misused. Meanwhile, the ILO needs to provide a firm response to the occurrence of human rights violations of migrant workers in Qatar so that they do not happen again in the future.
Tanggung Jawab Negara Terhadap Pengungsi Dan Pengaruhnya Bagi Hubungan Diplomatik, Perspektif Konvensi Wina 1961 Marlin Paulina Laiyan; Arman Anwar; Lucia Charlota Octovina Tahamata
TATOHI: Jurnal Ilmu Hukum Vol 3, No 6 (2023): Volume 3 Nomor 6, Agustus 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i6.1813

Abstract

Introduction: The Afghan government's pro-Western policies and secular ideologies caused a strong reaction from radical groups who wanted to establish a new Afghan government, resulting in a civil war in Afghanistan.Purposes of the Research: The purpose of this study is to examine and discuss the implementation of state responsibilities and their impact on Afghan refugees in Indonesia for diplomatic relations, from the perspective of the 1961 Vienna Convention.Methods of the Research: This research is based on the normative legal research method which is also known as library research. The approach used is a conceptual approach, a statutory approach, and a case approach. The procedure for collecting legal materials is carried out by studying and analyzing library materials in relation to literature, conventions, and laws. Processing and analysis of legal materials is carried out by examining, researching, and compiling legal materials in an orderly and logical manner to ensure the completeness of legal materials so that they can be interpreted.Results of the Research: Based on the results of research on state responsibility for refugees and its effect on diplomatic relations, the perspective of the 1961 Vienna Convention. The principle of state sovereignty in international relations has a very large influence on the right of a country to control a government territory, society or over itself so that in practice it is against refugees a state is negligent or violates what is required by international law, namely in providing protection, promotion and respect for human rights based on a treaty and customary international law. As an example; there are several countries that are parties to the 1951 Convention, act to receive and provide protection, expel and return refugees to other places or to their countries of origin where these actions have violated the Non-Refoulement Principle Article 33 paragraph 3 which is basically related to the principle of protecting human rights. Meanwhile, there are also countries that, although not participants in the 1951 Convention, accept and make laws and regulations that apply to refugees to ensure the protection of human rights that refugees do not get because of conflicts that occur in their place or country of origin.
Bentuk Pertanggungjawaban Pelanggaran Ham Terhadap Tawanan Perang Menurut Hukum Dan Ham Internasional Figur Muhammad Ali Putra Nirwan; Josina Augustina Yvonne Wattimena; Arman Anwar
TATOHI: Jurnal Ilmu Hukum Vol 3, No 7 (2023): Volume 3 Nomor 7, September 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i7.1849

Abstract

Introduction: The Syrian conflict was motivated by the Arab Spring, which was related to demonstrations and popular resistance in the Middle East and North Africa which ended with the fall of the ruling regimes in these regional countries.Purposes of the Research: The research method uses a normative juridical method. This type of research is descriptive analytical using primary, secondary and tertiary sources of legal materials where the collection of legal materials is carried out using library research. Furthermore, the analysis technique uses qualitative analysis, by identifying facts, eliminating irrelevant things, determining the issue and then concluding the results of the analysis according to the problem being studied.Methods of the Research: The research method uses a normative juridical method. This type of research is descriptive analytical using primary, secondary and tertiary sources of legal materials where the collection of legal materials is carried out using library research. Furthermore, the analysis technique uses qualitative analysis, by identifying facts, eliminating irrelevant things, determining the issue and then concluding the results of the analysis according to the problem being studied.Results of the Research:  Legal violations against prisoners of war based on international legal and human rights instruments according to the Geneva Convention III of 1949 (Geneva  Convention (III) Relative to the Treatment of Prisoners of Wat) and Additional Protocol I year 1977 (Protocol Additional to the Geneva Conventions of 12August 1949, and relating to the Protection of Victims of international Armed Conflicts) have the right to be treated with dignity and humanity, such as not being forced to provide information unless they know their identity. Their torture and cruel treatment is seen as a war crime. prisoners of war must be moved from dangerous areas to safe places. Their living conditions must be equivalent to those of members of the armed forces of the host nation. Accountability for legal violations against prisoners for serious human rights violations against prisoners of war legally basically refers to the principle of exhaustion of local remedies through the mechanism of a national court forum. The unwillingness and inability of countries suspected of committing serious violations of human rights to resolve the problem of these violations at the national level can underlie the emergence of the judicial competence of the International Criminal Court (ICC). War crimes and crimes against humanity in accordance with the Rome Statute (Article 5 paragraph (1).
Penegakan Hukum Keimigrasian Tenaga Kerja Asing Yang Non Prosedural Natasya Carolina Hitipeuw; Arman Anwar; Veriana Josepha Batseba Rehatta
TATOHI: Jurnal Ilmu Hukum Vol 3, No 8 (2023): Volume 3 Nomor 8, Oktober 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i8.1859

Abstract

Introduction: The entry of non-procedural foreign workers causes problems in destination countries, including Indonesia.Purposes of the Research: Aims to identify and analyze the implementation of visa-free in Indonesia according to immigration law and to identify and analyze forms of immigration law enforcement for non-procedural foreign workers.Methods of the Research:  This research uses a normative juridical method with primary, secondary and tertiary legal materials used in the research. The collection technique is carried out through literature studies in the form of scientific works and literature and others.Results of the Research: The research results show that the visa-free policy implemented by the Indonesian government is regulated in Presidential Regulation Number 21 of 2016 concerning Visa-Free. However, in practice, foreigners who enter Indonesia often violate the terms of the visa-free visit by working without permission. So deported by forced repatriation of foreign workers to their countries of origin. Whereas for foreign workers who commit immigration crimes, Pro Justisia's actions go through a protection process in the form of criminal acts for immigration crimes for non-procedural foreign workers
Hak Atas Informasi, Edukasi Dan Pelayanan Kesehatan Terhadap Masyarakat Adat Di Maluku Selama Pandemi Covid-19 Arman Anwar; Richard Marsilio Waas
SASI Vol 27, No 2 (2021): Volume 27 Nomor 2, April - Juni 2021
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v27i2.454

Abstract

The main objective of this research is to determine the fulfillment of the right to information, education and health services to indigenous peoples carried out by the Maluku Provincial Government and the relationship patterns that need to be built through the Maluku Provincial Government's public policies towards indigenous peoples so that dynamic interactions can be established in an effort to accelerate the spread of the virus. Covid 19 at the local level. The research was conducted using the Social Legal Research method. Approach the problem using a statutory approach, and concepts. The results of this study found that the Maluku Provincial Government has carried out its responsibilities in fulfilling the right to information, education and health services to indigenous peoples, but it is still not optimal. Likewise, a public policy framework that favors the interests of indigenous peoples as a form of protection for the vulnerability of indigenous peoples from the dangers of the spread of the Covid-19 virus is also not optimal. The Maluku Provincial Government needs to formulate a formulation of a public policy framework that is oriented towards the goal of fulfilling the basic rights of indigenous peoples during the Covid-19 pandemic. The vulnerability of indigenous peoples needs to be protected with the political will of the Maluku Provincial government through budget politics, preparation of human and material resources and infrastructure that supports performance achievement in fulfilling the right to information, education and health services to indigenous peoples at the local level.
Co-Authors Ahriani Ahriani Andrizal Andrizal Avan Caezhar Prayugo Azarya Gerry Likumahua Dio Boy Tetelepta Dyah Ridhul Airin Daties Fahira Ode Damura Figur Muhammad Ali Putra Nirwan Fikryansha Tuah Firma Riza Aksamilani Soumena Halima Hanafi, Irma Helmi Ishak Johannes Johanis Steny Franco Peilouw John Dirk Pasalbessy Josiana Agusthina Yvonne Wattimena Josina Augusthina Yvonne Wattimena Josina Augustina Yvonne Wattimena Kesya Meidy Lourens Khafifa Kara Abnin Lucia Charlota Octovina Tahamata Marlin Paulina Laiyan Marten Karelauw Marthinus Kainama Muhamad Ali Aqsa Haupea Natasya Carolina Hitipeuw Norma Rizqitha Latukaisupy Nurul Fitrah Rachma Rizky Melania Latuconsina Rachma Rizky Melania Latuconsina Rendyano Rizalno Hiariej Richard Marsilio Waas Rusvinna Rizky Hariyanti Veriana Josepha Batseba Rehatta Veriana Josepha Rehatta Veriena Josepha Batseba Rehatta Wahyuni Boeng Welly Angela Riry Yansen Paulus Rinaldy Andries Zian Rahmatullah