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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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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.
Orang Asing Yang Berada Di Indonesia Berdasarkan Ketentuan Undang – Undang Nomor 6 Tahun 2011 Tentang Keimigrasian Tita Jolanda Anggraini Sahetapy; Johanis Steny Franco Peilouw; Irma Halima Hanafi
LUTUR Law Journal Vol 4 No 1 (2023): Mei 2023 LUTUR Law Journal
Publisher : Program Studi Hukum Diluar Kampus Utama Universitas Pattimura Kabupaten Maluku Barat Daya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/lutur.v4i1.10499

Abstract

Immigration is a matter of regulating the traffic of people entering or leaving the Territory of the Republic of Indonesia and its supervision in the context of maintaining state sovereignty. Purpose of the Research: Based on this, the problem in this writing is "How is the regulation of Law Number 6 of 2011 concerning Immigration of Foreigners in Indonesia". Methods of Research: Scientific writing is carried out using research methods, with normative juridical research types, problem approaches using case approaches and law approaches, primary, secondary and tertiary sources of legal materials and techniques for collecting and managing legal materials using library research by searching and reviewing books. related to solving the problem in this writing. Result of the Research: Foreigners who enter illegally into the territory of the State of Indonesia are foreigners who enter without going through the inspection of immigration officials and without being accompanied by valid and still valid travel documents, this is a development burden for the government in solving these problems. This can be seen and studied in the Immigration Act by looking at the arrangements for the supervision of foreigners and the imposition of sanctions on immigration crimes committed. Immigration in carrying out its duties and authorities must be more assertive in handling and providing sanctions to foreigners who commit immigration violations and crimes in accordance with Law No. in giving sanctions to someone who commits an immigration crime.
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.
AKTIFITAS PENGINDERAAN JAUH MELALUI SATELIT DI INDONESIA DAN PENGATURANNYA DALAM HUKUM RUANG ANGKASA Irma H Hanafi
SASI Vol 17, No 2 (2011): Volume 17 Nomor 2, April - Juni 2011
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v17i2.355

Abstract

Remote sensing by satellite can overcome the difficulties of data collection due to the condition of the territory of Indonesia which is still composed of regions that are difficult to achieve, can present data to assess natural resources and environment, as well as monitor ongoing changes either due to natural changes and darmpak of human activity.  Differences of interest between owners of developed countries of remote sensing technology with developing countries as an owner of natural resources which is the object of sensing data obtained from satellites. Differences interests of the countries encourage the creation of differences in perception of the law.  As an activity space, remote sensing by satellite is subject to the provisions of international law governing the activities of states in space.
Sosialisasi Hukum Tentang Pengaturan Kewenangan Pengelolaan Wilayah Pesisir Hanafi, Irma Halimah; Riry, Welly Angela
AIWADTHU: Jurnal Pengabdian Hukum Volume 4 Nomor 1, Maret 2024
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/aiwadthu.v4i1.1831

Abstract

Introduction: Coastal areas are areas where land and sea meet, towards land, coastal areas include parts of land, both dry and submerged in water, which are still influenced by sea properties such as tides, sea breezes and the expansion of salt water towards the sea, including parts of the sea that it is still influenced by natural processes that occur on land such as sedimentation and fresh water flows. Management of coastal areas and small islands is carried out through coordinating planning, utilization, supervision and control of coastal and small island resources carried out by the government and regional governments, between land and marine ecosystem sectors, as well as between science and management to improve people's welfare. In this regard, the authority to manage coastal areas is regulated in several statutory regulations which can cause problems regarding which institution has the authority to manage coastal areas, especially in Ambon Bay.Purposes of Devotion: The aim of this community service activity (PKM) is to ensure that the Ambon Bay coastal community, especially the community in Wayame Village, understands the authority of institutions in regulating coastal area management and also to obtain suggestions and input from coastal communities directly which can become study material for the Government. Method of Devotion: Activities are carried out in the form of outreach to the community with the stages of implementing community service in outline starting from: (1) Preliminary Data Collection; (2) Community Service Activities take the form of socialization; (3) Evaluation of Community Service activities.Results of the Devotion: The lack of public understanding regarding the role and function of institutional management of the Ambon Bay coastal area means that it needs to be reviewed so that its duties and roles in carrying out, improving the social and economic life of the community, especially those who live around the Ambon Bay coastal area, can increase. To improve the standard of living of coastal communities, an empowerment program can be launched for fishermen who are the main source of livelihood for communities in coastal areas. Empowerment is carried out through developing alternative livelihoods, increasing access to capital for fishermen, increasing access to technology, both fishing/cultivation technology and processing of fishery products, facilitating fishermen to obtain a decent market.
Pelanggaran Wilayah Udara Indonesia Oleh Pesawat Asing Menurut Hukum Internasional Tiwery, Zepty Fence; Hanafi, Irma Halima; Riry, Welly Angela
Balobe Law Journal Volume 4 Issue 1, April 2024
Publisher : Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/balobe.v4i1.2046

Abstract

Introductioan: Indonesian airspace violation committed by a foreign aircraft in the case of the forced landing of a Boeing 777 foreign cargo plane on January 14, 2019. The aircraft entered Indonesian airspace without permission or Flight Clearance (FC) so it had to be forcibly landed by the Indonesian Air Force at Hang Nadim International Airport, Batam, Riau Islands. Such violations are clearly contrary to applicable law.Purposes of the Research: Know the regulation of Indonesian airspace according to international law and how law enforcement in Indonesian airspace.Methods of the Research: Normative juridical which conducts research on law based on laws and regulations related to the problem under study. The research approach carried out is the concept approach, legislation approach and case approach.Results of the Research: The regulation of Indonesian airspace according to international law must use the provisions of international law such as the Chicago Convention of 1944 and Law No.1 of 2009, Government Regulation No.4 of 2018 and Law No.34 of 2004. Law enforcement in Indonesian airspace still experiences limitations and obstacles due to the fact that foreign aircraft can enter. Therefore, there are still many obstacles in surveillance and defense equipment because it does not have radar that has the ability to detect incoming foreign aircraft so that the TNI must coordinate first..
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