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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 Amanisal: Jurnal Teknologi dan Manajemen Perikanan Tangkap PATTIMURA Law Study Review SASI
Halima Hanafi, Irma
Fakultas Hukum Universitas Pattimura, Ambon
Chemical Engineering, Chemistry & Bioengineering Chemistry Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice Physics

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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.
Penegakan Hukum Udara Terhadap Pesawat Udara Asing Yang Melanggar Yurisdiksi Negara Indonesia Anna Santa Siregar; Irma Halima Hanafi; Welly Angela Riry
PATTIMURA Law Study Review Vol 4 No 1 (2026): April 2026 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v4i1.25201

Abstract

State sovereignty over airspace is a fundamental principle in international law as affirmed in the 1944 Chicago Convention. Indonesia as a sovereign country has the full and exclusive right to regulate and secure airspace over its land and waters. However, the practice of violating airspace by foreign aircraft—both civilian and state—still occurs and raises questions about the effectiveness of national law enforcement and its harmonization with international law. This research uses normative juridical methods with legislative, conceptual, and case approaches. The results of the study show that normatively Indonesia already has an adequate legal basis through Law Number 1 of 2009 concerning Aviation and Government Regulation Number 4 of 2018 concerning the Security of the Airspace of the Republic of Indonesia, including the mechanism of interception and forced landing. However, in implementation, there are still obstacles in the form of limited surveillance systems, the lack of optimal integration of air defense, and diplomatic considerations for large countries. Therefore, strengthening air defense capacity and consistency of law enforcement are the main prerequisites for Indonesia's air sovereignty to be not only normative, but also factually effective.
Integrasi Pengawasan Ruang Udara-Laut untuk Pengelolaan Perikanan Tangkap: Perspektif Hukum Udara dan Laut Internasional Irma H. Hanafi; Welly A. Riry; Ifa T. Tazkira
Amanisal: Jurnal Teknologi dan Manajemen Perikanan Tangkap Vol 15 No 1 (2026): Amanisal: Jurnal Teknologi dan Manajemen Perikanan Tangkap
Publisher : Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/amanisal.v15i1.25337

Abstract

This study examines the utilization of airspace for capture fisheries surveillance through an integrated perspective of international air law and the law of the sea. The increasing prevalence of illegal, unreported, and unregulated (IUU) fishing, coupled with the limitations of conventional sea-based patrol systems, necessitates more effective and adaptive monitoring approaches. Recent technological advancements, particularly the use of unmanned aerial vehicles (UAVs), offer significant potential for enhancing surveillance capacity; however, they also raise complex legal challenges. This research adopts a normative juridical approach, supported by conceptual and comparative analyses of the Chicago Convention and the United Nations Convention on the Law of the Sea. The findings reveal a fundamental normative fragmentation between the principle of complete and exclusive sovereignty over airspace and the concept of sovereign rights in maritime zones, particularly within the Exclusive Economic Zone (EEZ). This fragmentation creates legal uncertainty in the deployment of UAV-based surveillance systems. Furthermore, the study identifies a regulatory lag in international law, where existing legal frameworks have not kept pace with technological developments in multidomain monitoring systems. As a key contribution, this study proposes an integrated air–sea surveillance governance model based on the concept of functional sovereignty integration, which seeks to reconcile legal, technological, and institutional dimensions. This model provides both theoretical advancement in international law and practical policy implications for strengthening fisheries surveillance, particularly in archipelagic states such as Indonesia.
The Cooperation Pattern between the Maluku Provincial Government and the Private Sector in the Arrangement and Normalization of Ex-Illegal Gold Mining Allegedly Prone to Corruption Arman Anwar; Irma Halima Hanafi; Muhammad Irham
Integritas: Jurnal Antikorupsi Vol 7 No 1 (2021): INTEGRITAS: Jurnal Antikorupsi
Publisher : Komisi Pemberantasan Korupsi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32697/integritas.v7i1.721

Abstract

Buru District has been developed since 1970 as a transmigration area. The nuance of agriculture is characteristic of Buru Regency so that it is designated as a national rice granary area. However, since gold was discovered in Mount Botak and Gogrea in 2011, Buru Regency has turned into an illegal gold mining area. As a result, there is massive environmental damage and pollution caused by the use of cyanide and mercury by illegal miners. To overcome this problem, the Maluku Provincial Government is working with a third party (private) to normalize and restore the environment in ex-illegal mining, but the cooperation is prone to corruption. The purpose of this research is to prevent corruption in this sector. The research method uses Social Network Analysis, the data is qualitative. The research findings show that cooperation between the Maluku Provincial government and third parties (private) who are prone to corruption can be prevented by mapping the vulnerability of corruption to determine the pattern of relations between cooperative actors who tend to be easily bribed so that a cooperation model that does not have corruption implications can be obtained. Key words: Corruption; Mining; Cooperation; Local government; Private;
Implementation of Temporary Procedures and Minimum Standards for Countries That Do Not Ratify the 1951 Convention and the 1967 Protocol: Penerapan Temporary Prtoection dan Standar Minimum Bagi Negara yang Tidak Meratifikasi Konvensi 1951 dan Protokol 1967 Pattiasina, Syenie Angel; Wattimena, Josina Augustina Yvonne; Hanafi, Irma Halima
PAMALI: Pattimura Magister Law Review Vol. 6 No. 2 (2026): JULY
Publisher : Postgraduate Program in Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v6i2.3413

Abstract

Introduction: The increasing flow of international refugees due to armed conflict and human rights violations poses challenges for countries that are not participants in the 1951 Convention and the 1967 Protocol, including Indonesia as a transit country. Purposes of the Research: This study examines the implementation of temporary protection by non-party countries and its relation to the fulfillment of minimum human rights standards for international refugees. Methods of the Research: Through descriptive-prescriptive normative legal methods with legal and comparative approaches, it was found that. Results Main Findings of the Research: It was found that temporary protection can be applied by non-party states based on the principle of non-refoulement which is customary international law. There is a close link between temporary protection and the fulfillment of minimum human rights standards; failure to comply with it can be considered a violation of international law. This study suggests the establishment of a national legal framework in Indonesia to regulate international refugees and guarantee their basic rights.
Co-Authors Anna Santa Siregar Aponno, Frederika Arman Anwar 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 Ifa T. Tazkira 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 Muhammad Irham Nur Reski Molle Nurul Fitrah Pattiasina, Syenie Angel 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 Welly A. Riry Welly Angela Riry Wilshen Leatemia Yulifia Serafina Refra