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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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Pengaturan Tentang Penerbangan Komersial Dan Tanggung Jawab Negara Hardianti, Hardianti; Hanafi, Irma Halimah; Riry, Welly Angela
TATOHI: Jurnal Ilmu Hukum Vol 3, No 10 (2023): Volume 3 Nomor 10, Desember 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i10.1958

Abstract

Introduction: In transportation activities, the risk of an accident is an unavoidable thing so that unification of arrangements regarding this matter is an absolute thing to do.Purposes of the Research: This study aims to find out and examine how the regulation regarding the flight of commercial aircraft in the air space of a country is reviewed from international law and how the form of state responsibility when a commercial aircraft is shot down is reviewed from international law Methods of the Research: This writing uses a normative type of legal research, which is carried out by studying theories, concepts, legal principles, and laws and regulations. In this study, the author used 2 approaches, namely the statutory approach, and the case approach.Results of the Research: The results showed that the International air law Regulation related to the parties' obligation to regulate the safety of commercial flights crossing its airspace must be in accordance with the Chicago Convention of 1944. These arrangements are made so that flights that cross the airspace of other countries can be kept safe and secure. Iran's shooting down of Ukrainian plane PS752 has violated provisions in the 1944 Chicago Convention on its airspace in an armed dispute. Therefore, Iran must take responsibility for this incident. In the future, firmness and increased cooperation with various parties are needed so that safety and security in international flights and national flights can be achieved.
Spionase Pejabat Diplomatik Rusia Terhadap Negara Denmark Dalam Hukum Diplomatik Sya’ban, Balgis; Tahamata, Lucia Charlota Octovina; Hanafi, Irma Halimah
TATOHI: Jurnal Ilmu Hukum Vol 3, No 9 (2023): Volume 3 Nomor 9, November 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i9.1948

Abstract

Introduction: Espionage is intelligence activity in a country or company seeking confidential information. Espionage activities focus on gathering non-public information through covert means. Espionage by Russian diplomatic officials against Denmark led to the expulsion of Russian diplomatic officials due to unacceptable espionage in Denmark. The purpose of this study is to examine and discuss whether Russian espionage can be categorized as espionage and how responsibility for espionage is carried out by Denmark.Purposes of the Research: To study and discuss whether Russian spying experiments can be categorized as espionage and how is the responsibility for espionage carried out by Russia against Denmark.Methods of the Research: The research method used is normative juridical, namely research on rules, norms, and legal principles based on statutory regulations. The problem approach used is the normative legal approach, namely the conceptual approach, the case approach and the statutory approach. The sources of legal materials used are primary legal materials, secondary legal materials and tertiary legal materials. Legal material collection techniques through library research. Then analyzed qualitatively.Results of the Research: The results of the study conclude that spying by Russian diplomatic officials against Denmark can be categorized as espionage because it is contained in the 1961 Vienna convention. eye is considered espionage. The form of accountability for the Danish state due to actions committed by the Russian state is by expelling or persona nongrata against diplomatic officials who carry out espionage.
Anak Sebagai Enemy Combatant Dalam Hukum Humaniter Uktolseja, Juniar Sammy; Peilouw, Johanis Steny Franco; Hanafi, Irma Halimah
TATOHI: Jurnal Ilmu Hukum Vol 4, No 3 (2024): Volume 4 Nomor 3, Mei 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i3.2136

Abstract

Introduction: Children are the successor to the nation's generation. Children need physical and mental protection. Human rights are human rights since birth. Some countries, make children as objects of crime; ter violence.Purposes of the Research: To understand and analyze whether children as enemy combatants can be justified by humanitarian law, and to find out and describe legal protection for children as enemy combatants in accordance with humanitarian law.Methods of the Research: The research method is used to find and process data according to the research objectives and solve the problems raised by researchers.Results of the Research: The war that occurred resulted in many casualties and damage to the country's infrastructure. Children are victims of war, they don't know why war happened. Child participation in con. Children who are involved in armed conflicts and fall into the hands of enemies, then children who are held captive are entitled to special protection as stated in the third Geneva Convention of 1949. Humanitarian law.
Legalitas Drone (Pesawat Tanpa Awak) Sebagai Alat Melakukan Mata-Mata Dalam Perang Harling, Firstjuan Imanuel Van; Peilouw, Johanis Steny Franco; Hanafi, Irma Halimah
TATOHI: Jurnal Ilmu Hukum Vol 4, No 7 (2024): Volume 4 Nomor 7, September 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i7.2461

Abstract

Introduction: The use of drone technology as a weapon of war raises several problems, both in terms of action and consequences. In terms of action, when drones are used as weapons, participants in armed conflict are no longer just humans fighting each other, but between (non-living) robots against living (humans). Apart from the legality of war and the use of drones as weapons of war, drone attacks can be carried out secretly, at any time and without the knowledge of the enemy.Purposes of the Research: This writing aims to examine and find out the use of drones (unmanned aircraft) as a tool for espionage in International Humanitarian Law and more specific rules regarding the use of drones (unmanned aircraft) as a tool for spying in war.Methods of the Research: The type of research used in this paper is normative legal research. As for answering the problems in this study, the authors use three approaches to the problem, namely the statutory approach (statute approach), conceptual approach (conceptual approach) and case approach (case approach). The procedure for collecting legal materials carried out by the author is by searching for and collecting laws and regulations related to the legal issues at hand. Legislation in this case includes both legislation and regulation. Analysis of legal material uses qualitative methods, namely studies related to legal norms contained in international law legislation and legal norms that exist in society.Results of the Research: The results of this study indicate that the use of drones (unmanned aircraft) as a tool to carry out espionage in International Humanitarian Law, is contained in Article 36 of Additional Protocol I to the 1977 Geneva Convention. Article 36 intends to maintain the development of weapons used both by countries and international organizations to continue to respect, maintain and not cross the boundaries of existing international humanitarian law principles. The current arrangement is too old and cannot be definitively binding. The use of drones as weapons has been carried out in the absence of an adequate legal regulation on this matter, Article 36 of Additional Protocol I of 1977 only contains general matters regarding the development of weapons technology and methods of warfare, but does not specifically and specifically regulate the use of drones. The absence of legal rules that specifically and specifically regulate the use of drones, which relate to their use as weapons, this will open up enormous opportunities for misuse and violations of international humanitarian law.
Tanggungjawab Negara Dalam Pengawasan Terhadap Operator Penerbangan Di Indonesia Hanafi, Irma Halimah
Jurnal Pembangunan Hukum Indonesia Volume 6, Nomor 3, Tahun 2024
Publisher : PROGRAM STUDI MAGISTER HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/jphi.v6i3.498-520

Abstract

Pencapaian tingkat keselamatan penerbangan dapat  berhasil dengan berfungsinya seluruh komponen sistem pada industri penerbangan salah satunya pada operator maskapai atau airlines. Tujuan penulisan ini ialah menganalisis tanggungjawab negara dalam penyelenggaraan penerbangan di Indonesia. Metode penelitian yang digunakan adalah yuridis normatif dengan menggunakan pendekatan konseptual, perundang-undangan, dan perbandingan, serta pendekatan kasus. Hasil dari penelitian ini yaitu negara bertanggungjawab dalam pengawasan terhadap operator penerbangan di Indonesia terkait kelaikan terbang, baik terkait operator, pesawat, pabrik pesawat, perawatan pesawat udara, ijin penerbangan selain itu evaluasi penilaian secara menyeluruh terhadap semua operator penerbangan yang beroperasi di Indonesia agar mengutamakan keselamatan dan keamanan penerbangan. Pengawasan harus diberikan kepada operator-operator penerbangan agar tidak kolaps, agar supaya operator sebagai pelaku bisnis penerbangan, dapat melakukan berbagai upaya pembenahan sistem manajemen pelayanan kepada konsumen dengan lebih baik.
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”.
Legal Socialization Related to the Protection of Marine Resources in the Coastal Areas of Ambon Bay Riry, Welly Angela; Hanafi, Irma Halimah
AIWADTHU: Jurnal Pengabdian Hukum Volume 5 Issue 2, July 2025
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/aiwadthu.v5i2.2486

Abstract

Introduction: Maluku is a province with its marine characteristics, automatically also has a coastal area. In coastal areas, it also has various functions and important roles for human life, namely hydrologically it plays a role in the preservation of soil and water resources on land, in addition to that it is also related to the preservation of the function of natural ecosystems which from an ecological point of view is a place for the development of various types of fish, shrimp and other marine life, from a biogeophysical point of view as a supporting area for the life of various marine biota and in addition and so on.  The coastal area of Ambon Bay is also an area whose coastal area has been widely used for human activities so that there needs to be an arrangement related to the management and legal protection of its marine resources and this is important to be known by all people living around the coastal area of Ambon Bay.Purposes of The Devotion: The purpose of this is carried out so that the coastal communities of Ambon Bay, especially the people in Poka and Rumahtiga Villages, understand the management arrangements of coastal areas and legal protection related to the natural resources in them.  In addition, this activity is also to get suggestions and input from coastal communities directly which can be study material for the Government. Method of The Devotion: The method of service is by providing legal socialization to the community about legal protection of marine resources in the coastal area of Ambon Bay.Results Main Findings of the Devotion: The findings of this service activity show that there are problems that often occur around the coastal area of Ambon Bay, namely environmental degradation, coastal erosion, uncertainty in natural resource management, vulnerability to natural disasters, socio-economic changes, to marine pollution and overfishing. Discussions with the community also found that there are violations of the law that can occur even though the frequency and type of violations vary such as illegal fishing, overexploitation, marine pollution due to household and market waste, as well as the destruction of mangrove ecosystems and coral reefs and lack of compliance with zoning regulations.
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.
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