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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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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