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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 : PATTIMURA Law Study Review

 1 
Pelanggaran Hak Asasi Manusia Perempuan Dan Tanggung Jawab Negara Vrenses Batuwael; Irma Halima Hanafia; 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.v1i1.10589

Abstract

ABSTRACT: Human rights and freedoms, especially women are limited, as well as discrimination against women in the Taliban, Afghanistan. In this case women are prohibited from being active in all fields, even to get education is also prohibited by the state. In fact, women were encouraged to leave government, in addition women are also prohibited from traveling to public places without being accompanied by a man, must cover themselves in public places and other things that aim to limit women's rights. The research method used in analyzing and discussing problems is normative. This research is focused with the aim of analyzing the non-fulfillment of women's human rights as a result of discrimination that can be qualified as a human rights violation, as well as the state's responsibility in fulfilling women's human rights whose rights are violated. The results of the study state that violations of women's human rights in Afghanistan due to discrimination can be said to be human rights violations because they violate the basic principles of the Universal Declaration of Human Rights and CEDAW. In terms of the Taliban abusing their power by making policies without respecting women's human rights. Afghanistan is trying to protect the fulfillment of women's human rights whose rights have been violated, by ratifying CEDAW, forming a political mission with the United Nations, namely UNAMA, forming the EVAW Law, and working with international organizations such as UNIFEM, then replaced by UN Women. And if the state cannot deal with violations of women's human rights, as well as provide justice. So the prosecution of human rights violators is part of the jurisdiction of the International Criminal Court through the security council acting under Chapter VII of the UN Charter.
Hukum Udara Internasional Dalam Kasus Salah Tembak Pesawat Komersial Ukraina Akibat Penembakan Iran Ditinjau Dari Hukum Internasional Dan Konvensi Chicago 1944 Domas Tomaula; Irma Halima Hanafi; Wilshen Leatemia
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.v1i2.11779

Abstract

International air law is a collection of regulations made only by a country, which originates from agreements made not only between one country but two or more countries. This agreement can be written and implemented, namely by having a common understanding based on history, so that it has become a common habit that must be accepted. The research method used is normative juridical. Using problem approaches such as the conceptual approach, statutory approach and case approach. Meanwhile, the sources of legal materials used are primary, secondary and tertiary sources of legal materials. The collection of legal materials was carried out by means of a literature study, then analyzed qualitatively. The results of the research show that the regulations for the shooting down of commercial aircraft have been regulated based on International Air Law and the 1944 Chicago Convention article 1 and article 3 bis, countries whose airspace is passed by civil aircraft must guarantee the safety of civil aircraft by establishing a no-fly zone if something is happening in the country's airspace and it is not possible for civil aircraft to pass through as well as providing clear flight navigation so as to guarantee the safety and security of civil aircraft passing through the country's airspace. Iran's form of responsibility for shooting down planes in war is regulated in the 1944 Chicago Convention and other conventions. Iran must take full responsibility for this shooting because it did not establish a no-fly zone when in conflict. In the future, it is necessary to emphasize state responsibility for international civil aviation routes and increase cooperation with various parties so that safety and security in international flights can be achieved.
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.
Perlindungan Hutan Amazon Berdasarkan Konvensi UNFCCC (United Nations Framework Convention On Climate Change) Aponno, Frederika; Hanafi, Irma Halima; Riry, Welly Angela
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.v3i1.19700

Abstract

: In recent years, forests have become rare due to human activities. The decreasing number of trees has an impact on the forest's ability to absorb pollution in the air. Deforestation is the main cause of forest destruction. Forest protection in this modern era is becoming increasingly important because forests have a very large role in maintaining the balance of the global environment, providing important ecosystem services, including absorbing carbon dioxide as previously explained. Raising the issue of forest protection as a global agenda is a strategic effort to increase awareness and global cooperation in stopping the rate of forest destruction. Various global forums under the United Nations (UN) have supported the implementation of sustainable forest management (Sustainable Forest Management/SFM) at the national, regional and international levels. The research method used in researching and discussing this problem is normative juridical which uses a legislative approach and a conceptual approach. The legal materials used are primary, secondary and tertiary legal materials. The results of this study emphasize that there is a need for closer international cooperation, both between countries that have the Amazon Forest and with donor countries, to increase funding and technology in conservation efforts. Then it is important to increase public education and awareness about the importance of the Amazon Forest, so that it can involve local communities in efforts to protect and manage forest resources. In addition, it is hoped that the UN can ensure that forest protection is integrated into national and local development plans, so that there is no conflict between economic development and environmental conservation.
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”.
Perlakuan Terhadap Tawanan Perang Yang Tidak Manusiawi Salakory, Eddi Emi Christin; Hanafi, Irma Halima; Riry, Welly Angela
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.v3i3.14498

Abstract

Prisoner of war (POW) is a member of the armed forces captured during wartime. Prisoner of war should be treated with high protection and respect, free from violence, threats, and torture. The US soldiers' inhumane treatment of prisoners in Abu Ghraib prison, Iraq, exemplifies a serious human rights violation. Recently, former Ukrainian prisoner of war reported being tortured in southwestern Russia, including beatings and electric shocks. This thesis employs Normative Law research, focusing on positive legal norms through a dogmatic approach to understand their relationships with legal principles and institutions. The study highlights that Geneva Convention III of 1949 obligates states to arrest, prosecute, and punish violators of prisoners of war rights. The US adhered to these obligations by prosecuting six military personnel involved in Abu Ghraib torture but is not required to compensate for its officials' or agents' involvement. Conversely, Russia has not addressed its treatment of Ukrainian prisoner of war, underscoring the need for adherence to International Humanitarian Law and International Conventions to safeguard prisoner of war rights.
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.
Prosedur Penerbangan Pesawat Terjadwal Dan Pelanggarannya Ditinjau Dari Konvensi Chicago 1944 Soumeru, Christi M P; Tuhulele, Popi; Hanafi, Irma Halima
PATTIMURA Law Study Review Vol 2 No 2 (2024): Agustus 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.v2i2.23835

Abstract

Airspace violations by foreign aircraft according to international law are emphasized in several conventions and international agreements, one of which is the 1944 Chicago Convention on civil aviation. As in the case that occurred in 2019, where South Korea violated North Korea's airspace, the 1944 Chicago Convention also asserts that foreign state aircraft are not allowed to fly over or land in the territorial territory of another state without authority based on a special agreement or similar from the underlying state. The research method used is normative juridical. In processing and analyzing legal materials, the first step involves qualitative examination of collected primary, secondary, and tertiary legal materials, which are then categorized. These legal materials are reviewed using applicable international conventions to obtain a synchronized picture of all legal materials. Once the legal materials are synchronized with one another, they are further analyzed to address the issues raised in this writing. The research results indicate that the regulation of scheduled aircraft flight procedures is governed by the 1944 Chicago Convention, whereby a country whose airspace is traversed by scheduled commercial civil aircraft must ensure the safety of such civil aircraft. Several steps must be followed by the state party to prevent airspace violations by foreign aircraft, including issuing warnings, intercepting or intercepting the aircraft, and conveying relevant information regarding the warning to the scheduled aircraft such as aircraft identification, flight type, route taken, purpose of arrival, and so on. The form of state responsibility for North Korea's warning shots and firing at South Korea's commercial aircraft (Korean Airlines) is regulated under the 1944 Chicago Convention and other conventions.
Bentuk Perlindungan Dan Pertanggungjawaban Terhadap Hak-Hak Anak Dalam Konflik Bersenjata Ferrara, Dendy Anugrah; Wattimena, Josiana Agusthina Yvonne; Hanafi, Irma Halima
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.v2i3.24587

Abstract

The armed conflict that occurred in Afghanistan in 2001 and the use of child soldiers in the Congo conflict in 1996 are types of conflicts related to human rights that require protection and accountability in accordance with International Law which regulates the Geneva Conventions 1949, Additional Protocols I and II 1977, Rome Statute 1998, and Optional Protocols. The problems studied include: First, how is the protection of children's rights in situations of armed conflict. How is the responsibility of the relevant parties to the protection of children's rights in armed conflict. The research method used is normative juridical by using case approach, conceptual approach, and statutory approach. The purpose of the research is to analyze and find out the form of protection of children's rights in situations of armed conflict, as well as the responsibility of the parties concerned for the protection of children's rights in armed conflict. The results of this study explain that the form of protection of children's rights in situations of armed conflict consists of preventive legal protection regulated in the 1949 Geneva Convention Additional Protocol I Article 51 Paragraphs 1 to 3, and repressive legal protection related to legal protection for children recruited as child soldiers based on the 1989 Convention on the Rights of the Child regulated in Article 38. The final mechanism for accountability to parties who recruit children to serve as soldiers can be tried at the International Criminal Court (ICC). Thus, there is a need to harmonize the provisions of armed conflict and the protection of children's rights in International Law. Each state must ensure effective law enforcement as a means of accountability for violations of International Law, including through thorough investigations and fair trials of perpetrators of violations involving the use of child soldiers.
Co-Authors Aponno, Frederika Arman Anwar Arman Anwar Astuti Astuti Domas Tomaula Dyah Ridhul Airin Daties Febby Magdalena Huwae Ferrara, Dendy Anugrah 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 Lesbatta, Franszisco Alvaro Margareta Rahalus Maryam Marasabessy Muhammad Irham Nur Reski Molle Nurul Fitrah Peilouw, Johanis Steny Franco Popi Tuhulele Popi Tuhulele, Popi Riry, Welly Angela Salakory, Eddi Emi Christin Salrik Roland Saily Sarah Nursyifa M Nusa Soumeru, Christi M P 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, Josiana Agusthina Yvonne Wattimena, Josina Augustina Yvonne Wilshen Leatemia Yulifia Serafina Refra