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All Journal Integritas: Jurnal Antikorupsi JURNAL PEMBANGUNAN HUKUM INDONESIA TATOHI: Jurnal Ilmu Hukum PAMALI: Pattimura Magister Law Review AIWADTHU: Jurnal Pengabdian Hukum Balobe Law Journal LUTUR Law Journal PATTIMURA Law Study Review SASI
Halima Hanafi, Irma
Fakultas Hukum Universitas Pattimura, Ambon
Law, Crime, Criminology & Criminal Justice

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Journal : TATOHI: Jurnal Ilmu Hukum

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Intervensi Kemanusiaan Dewan Keamanan Perserikatan Bangsa-Bangsa Terhadap Tindakan Pelanggaran Hak Asasi Manusia Di Myanmar Halfiandara Alfazr Afifudin; Josina Augustina Yvonne Wattimena; Irma Halimah Hanafi
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: Human rights violations committed by the Burmese Buddhist junta government, supported by the Myanmar government and even the military junta formed an anti-Islam movement among the Rakhine Buddhist community and the population of Myanmar.Purposes of the Research: This study aims to find out and understand about the United Nations Security Council's Humanitarian Intervention Against Human Rights Violations in Myanmar that can be justified according to international law. The Legal Impact of the UN Security Council's Humanitarian Intervention on the Actions of Criminals in Myanmar. Methods of the Research: The research method in this study is a normative legal research, using a law approach and a conceptual approach. Sources of research data include primary, secondary, tertiary legal sources. Data collection techniques in the form of literature study. Processing and analysis of legal materials used in writing is using qualitative analysis method.Results of the Research: The result obtained is that the UN Security Council's humanitarian intervention against acts of human rights violations in Myanmar can be justified in accordance with international law, because the UN Security Council's intervention is expected to resolve the problems in Myanmar, namely the conflict between the Rohingya (Muslim) and Rakhine (Buddhist) ethnicities which caused Rohingya ethnic groups have received unfair treatment from the Myanmar administration and military junta who have committed acts of human rights violations against the Rohingya, such as refusing to grant citizenship status, expulsion, torture, killing, and illegal detention.
Penegakan Kedaulatan Di Wilayah Udara Indonesia Berdasarkan Undang-Undang Nomor 1 Tahun 2009 Tentang Penerbangan Salrik Roland Saily; Johanis Steny Franco Peilouw; Irma Halima Hanafi
TATOHI: Jurnal Ilmu Hukum Vol 2, No 4 (2022): Volume 2 Nomor 4, Juni 2022
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i4.1096

Abstract

Introduction: This study discusses the enforcement of sovereignty in Indonesian airspace based on Law number 1 of 2009 concerning Avitiation. Purposes of the Research: Rieviewing and discusses froms the regulation and law enforcement in air space in Indonesian airspace based on Law number 1 of 2009 concering Aviation.  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 resukts of this study indicate that violations of airspace in Indonesian are still common considering thaht Indonesian has a fairly large area and is limited by violation detection radar devices so that it is very vulnerable in Indonesia’s airspace to be entered by foreign civilian aircraft. Indonesian has not only happened repeatedly until the beginning of 2019, but in government regulation number 4 of 2018 concering security of the airspace of the republic of Indonesia, it has been explained and emphasized regarding securing airspace in indonesian airspace in article 1 paragraph (8) government regulations.
Perlakuan Terhadap Anak-Anak Indigenous People Dan Tanggung Jawab Negara Margareta Rahalus; Josina Augustina Yvonne Wattimena; Irma Halimah Hanafi
TATOHI: Jurnal Ilmu Hukum Vol 2, No 9 (2022): Volume 2 Nomor 9, November 2022
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i9.1429

Abstract

Introduction: Indigenous peoples continue to face threats to their sovereignty, the sovereignty that is meant is centered on how the state positions indigenous peoples into national policies, by imposing values on indigenous peoples.Purposes of the Research: To examine and find out whether the treatment of Indigenous People's children in Canada violates the provisions of International Law and to find out how the state's responsibility for the human rights of Indigenous People's children is. Methods of the Research: This research is a normative juridical law research, with primary and secondary legal materials as a source of law by using the nature of prescriptive research that aims to obtain suggestions on what to do.Results of the Research: The results of the study show that the treatment of children of indigenous people in Canada violates the provisions of international law, where indigenous children receive treatment from the state in the form of violence or coercion which is contrary to human rights and fundamental freedoms regulated in the ILO (International Labor Organization) Conventions. UNDRIP Declaration (United Nation Declaration of Rights on the Indigenous Peoples), United Nations Convention on the Rights of the Child, then on the International Covenant on Civil and Political Rights) and also to the International Covenant on Economic, Social and Cultural Rights.
Pertanggungjawaban Penggunaan Unmanned Aerial Vehicle (UAV) Dalam Konflik Bersenjata Ditinjau Dari Hukum Humaniter Internasional Febby Magdalena Huwae; Irma Halimah Hanafi; Johanis Steny Franco Peilouw
TATOHI: Jurnal Ilmu Hukum Vol 2, No 10 (2022): Volume 2 Nomor 10, Desember 2022
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i10.1439

Abstract

Introduction: Today there is one type of aircraft that is often used in war, namely the Unmanned Aerial Vehicle (UAV) or in Indonesian called the Unmanned Aircraft (PTA) which is better known as the Drone.Purposes of the Research: To find out how the regulation of Unmanned Aerial Vehicle (UAV) and how the accountability of parties using Unmanned Aerial Vehicle (UAV) in armed conflict from the use of unmanned aircraft in armed conflict. Methods of the Research: This research uses normative juridical law research, with primary and secondary legal materials as the source of the law. The problem approach used is the statute approach, the conceptual approach, and the case approach. Furthermore, it is analyzed qualitatively.Results of the Research: The result of this study is that the use of drones by the United States in Pakistan has resulted in hundreds or even thousands of civilian lives and caused unnecessary damage both materially and formally. In addition, the legality of the use of drones is also still in question because until now there has been no definite binding standard. In this study, the authors suggest that the making of rules regarding drones should be implemented immediately, this is in order to prevent violations of international humanitarian law and to protect the security of civilians so that they do not suffer or suffer losses caused by drones.
Persona Non Grata Dalam Praktek Negara Rusia dan Ukraina Beserta Implikasi Hukumnya Yulifia Serafina Refra; Irma Halimah Hanafi; Veriana Josepha Batseba Rehatta
TATOHI: Jurnal Ilmu Hukum Vol 2, No 11 (2023): Volume 2 Nomor 11, Januari 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i11.1449

Abstract

Introduction: This statement of persona non grata has become a habit in diplomatic relations and is often misused by many countries. As happened between the receiving country (Russia) and the sending country (Ukraine) which expelled each other's diplomats, causing legal implications for both countries.Purposes of the Research: The purpose of this research is to find out how the practice of the receiving country in implementing persona non grata towards the sending country and to find out the legal consequences arising from the actions of the sending country and the receiving country based on the 1961 Vienna Convention. Methods of the Research: The research method in this study is a normative legal research, using a law approach, a case approach and a conceptual approach. Sources of research data include sources of library studies. Processing and analysis of legal materials used in writing is using processing and computerization methods so that legal materials can be analyzed completely and comprehensively.Results of the Research: Based on the results of research on the practice of giving persona non grata by Russia to Ukrainian diplomats on charges of espionage or espionage, the allegations were not justified by Ukraine. However, what the two countries did was contrary to the 1961 Vienna Convention because there was a need for a diplomatic representative for relations between the two countries. After expelling diplomats, this problem continued when Russia invaded Ukraine, causing war between the two parties. For this reason, in the international legal dispute settlement stage, it has been recommended that the two countries settle disputes peacefully in accordance with what has been regulated in Article 33 of the United Nations Charter.
Urgensi Indonesia Untuk Meratifikasi Konvensi Tentang Perlindungan Terhadap Penghilangan Orang Secara Paksa Nurul Fitrah; Arman Anwar; Irma Halima Hanafi
TATOHI: Jurnal Ilmu Hukum Vol 3, No 2 (2023): Volume 3 Nomor 2, April 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i2.1557

Abstract

Introduction: The Special Committee of the House of Representatives on the Handling of Discussions on the Results of the Investigation into the Enforced Disappearance of Persons for the Period 1997-1998, has issued four points of recommendation to the President. One of the four points is to urge the government to immediately ratify the convention on protection against forced disappearances of persons.Purposes of the Research: The purpose of this research was to determine the regulation of international law against forced disappearances of persons, and to know the urgency of Indonesia to ratify the convention on the protection against forced disappearances of persons. Methods of the Research: The research methods used are normative juridical research methods, analytical descriptive research types, sources of legal materials, namely primary legal materials, secondary legal materials and tertiary legal materials. Technical collection of legal materials through library research and processing techniques for legal materials using qualitative analysis.Results of the Research: The result of the study is that international convention for the protection of all persons from enforced disappearance is an international instrument that regulates the obligations and responsibilities of states in providing protection to all persons from enforced disappearances. Indonesia has not yet ratified the convention of the protection of all persons from enforced disappearances.  This Convention is very urgent to be ratified by Indonesia because it is one of the foundations of international human rights law that can provide protection, as well as a preventive and corrective effort of the state in ensuring the protection of all people from enforced disappearances. In addition, it is also to encourage cases of enforced disappearances in Indonesia in the past to be resolved and not repeated in the future.
Pembatasan Terhadap Hak-Hak Perempuan Oleh Taliban Perspektif Convention On The Elimination Of All Forms Of Discrimination Against Women Nur Reski Molle; Irma Halimah Hanafi; Popi Tuhulele
TATOHI: Jurnal Ilmu Hukum Vol 3, No 3 (2023): Volume 3 Nomor 3, Mei 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i3.1588

Abstract

Introduction: This research discusses about about restrictions on women's rights by the taliban perspective convention on the elimination of all forms of discrimination against women (CEDAW) 1979 relating to cases of discrimination against women by the Taliban in Afghanistan. The Taliban restricts women's rights leading to discrimination against women.Purposes of the Research: This study aims to restore the rights of women who are restricted by the Taliban related to women's rights convention on the elimination of all froms of discrimination against women (CEDAW) 1979. 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: from the writings of the Taliban who have controlled Afghanistan, the Taliban have restricted women's rights. The rights of women that are limited by the Taliban are the right to get decent work and education. In convention on the alimination of all forms of discrimination against women (CEDAW) 1979 Article 10 regulates education and article 11 regulates employment.
Urgensi Penetapan Air Defense Identification Zone Pada Kawasan Regional Astuti Astuti; Josina Augustina Yvonne Wattimena; Irma Halimah Hanafi
TATOHI: Jurnal Ilmu Hukum Vol 3, No 5 (2023): Volume 3 Nomor 5, Juli 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i5.1805

Abstract

Introduction: Air Defense Identification Zone (ADIZ) is a zone for identification purposes in the air defense system for a country, which according to international custom generally extends from the territorial area of a country to reach the air space above the free sea bordering the country.Purposes of the Research: to find out the setting of the Air Defense Identification Zone and what is the urgency of establishing the Air Defense Identification Zone in the regional area. The method used in writing this thesis is a normative research method. The legal materials used are primary, secondary and tertiary legal materials.Methods of the Research:  This legal research, the author uses normative research. That is, a study that primarily examines positive legal provisions, legal principles, and legal doctrines to answer legal questions faced. Results of the Research: The results obtained are that the regulation of the Air Defense Identification Zone (ADIZ) according to international law is, based on the provisions of the 1944 Chicago Convention, customary international law and also Article 51 of the United Nations Charter, furthermore with the stipulation of ADIZ in a regional area can be considered a defensive step. to provide advance notice of potential threats and efforts to improve flight safety in the region and provide benefits to national and international aviation safety.
Fungsi Dewan Keamanan PBB Dalam Penyelesaian Konflik Bersenjata Internasional Maryam Marasabessy; Irma Halimah Hanafi; Josiana Agusthina Yvonne Wattimena
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.v3i6.1814

Abstract

Introduction: This study discusses the function of the UN Security Council in resolving international armed conflicts which have a very large role in fighting for and providing maintenance of world peace and security. The UN Security Council has a very large role in being a peacekeeper to stabilize conflicts related to information such as human rights, disarmament, gender, humanitarian relations and political affairs. The implementation of international law provisions in the UN Charter has not been carried out optimally because there are still countries that do not comply with the rules that have been set. Purposes of the Research: This study aims to identify and examine the functions of the Security Council in the structure of the UN international organization and to identify and examine the functions of the UN Security Council in resolving international conflicts according to the UN charter.Methods of the Research: The research method used is normative juridical research. This research is called library research because normative juridical research is carried out by examining sources of legal material 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 this research was done through library technique.Results of the Research: The United Nations Security Council as one of the main organs in the United Nations has functions and powers which are generally regulated in Articles 24 to 26 of the United Nations Charter which includes members of the United Nations giving the Security Council the main responsibility for maintaining international peace and security as well as having the responsibility in formulating plans to be submitted to members of the United Nations for the establishment of a system of arms regulation. In the conflict in Central Africa, the implementation of these provisions has not been carried out optimally because there are still violations by several parties by not complying with the policies issued by the Security Council. It requires the commitment of all disputing parties to comply with the applicable provisions of Humanitarian Law and provide strict sanctions against those who violate them.
Perlindungan Hukum Terhadap Perempuan Dan Anak Di Tinjau Dari Hukum Humaniter Internasional Latubual, Godlief Niclas Wenetama; Wattimena, Josina Augustina Yvonne; Hanafi, Irma Halimah
TATOHI: Jurnal Ilmu Hukum Vol 3, No 12 (2024): Volume 3 Nomor 12, Februari 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i12.2108

Abstract

Introduction: As a result of the prolonged conflict between Israel and Palestine, many children and women who have been affected by this conflict have suffered and even died as a result of this war. This unresolved conflict has resulted in a large number of victims from civil society from year to year and is increasing, especially children. Children who should have the right to grow and develop naturally when the war rages all their rights become victims of war, children's rights to grow up are violated without any mercy towards them, whatever the reason for the conflict, this act is a crime against humanity. and violations of children's rights.Purposes of the Research: This writing aims to analyze and find out the legal arrangements for women and children in armed conflicts in terms of international humanitarian law, to analyze and find out the forms of legal protection for women and children in armed conflicts, and as one of the requirements in completing studies at the University Law Faculty Pattimura.Methods of the Research: Normative research method with the type of research is qualitative analysis. The problem approach used is the statute approach, the conceptual approach and the case approach. The sources of legal materials used are Primary legal materials, Secondary legal materials, and Tertiary legal materials and are used as a technique for collecting legal materials, then processing and analyzing legal materials through methods of interpretation, harmonization, systematic and legal discovery.Results of the Research: The results of the study indicate that the legal arrangements for women and children in armed conflict are reviewed from international humanitarian law, namely Additional Protocol II of 1977 concerning the Protection of Victims of Non-International Armed Conflicts, which in Article 4 stipulates that everyone is not directly involved or is no longer involved. in a non-international armed conflict must be treated humanely and no distinction should be made that is detrimental to them. Provisions of the International Covenant on Civil and Political Rights (ICCPR) Article 4 which requires that even in a precarious public situation, fundamental non-derogable rights must still be respected.
Co-Authors Aponno, Frederika Arman Anwar Arman Anwar Astuti Astuti Domas Tomaula Dyah Ridhul Airin Daties Febby Magdalena Huwae Halfiandara Alfazr Afifudin Hardianti Hardianti, Hardianti Harling, Firstjuan Imanuel Van Johanis Steny Franco Peilouw Johanis Steny Franco Peilouw Josiana Agusthina Yvonne Wattimena Josina Augustina Yvonne Wattimena Kainama, Clif Latubual, Godlief Niclas Wenetama Margareta Rahalus Maryam Marasabessy Muhammad Irham Nur Reski Molle Nurul Fitrah Peilouw, Johanis Steny Franco Popi Tuhulele Riry, Welly Angela Salrik Roland Saily Sarah Nursyifa M Nusa Sya’ban, Balgis Tahamata, Lucia Charlota Octovina Tita Jolanda Anggraini Sahetapy Tita Jolanda Anggraini Sahetapy Tiwery, Zepty Fence Uktolseja, Juniar Sammy Veriana Josepha Batseba Rehatta Vrenses Batuwael Wattimena, Josina Augustina Yvonne Wilshen Leatemia Yulifia Serafina Refra