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All Journal TATOHI: Jurnal Ilmu Hukum Balobe Law Journal SANISA: Jurnal Kreativitas Mahasiswa Hukum SASI
Lucia Charlota Octovina Tahamata
Fakultas Hukum Universitas Pattimura, Ambon
Law, Crime, Criminology & Criminal Justice

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Penegakan Hukum Diwilayah Laut Maluku oleh Lantamal IX Ambon Lucia Charlota Octovina Tahamata
Balobe Law Journal Vol 1, No 1 (2021): Volume 1 Nomor 1, April 2021
Publisher : Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (635.033 KB) | DOI: 10.47268/balobe.v1i1.507

Abstract

Introduction: Law enforcement in the sea area by Lantamal IX Ambon, is faced with, supporting factors and inhibiting factors. Purposes of the Research: This study aims to determine and analyze how Lantamal IX Ambon conducts law enforcement in the Maluku sea area.Methods of the Research: The research method used is a normative research method using a statute approach approach conceptual approach and analytical approach. Document study techniques and study analysis use qualitative analysis. Results of the Research: The results showed that in order to achieve efficiency and effectiveness in deploying the force of the Navy, it is faced with budget constraints, technical conditions of defense equipment and the expected level of capability and escalation of threats, it is necessary to reform policies regarding law enforcement facilities and infrastructure towards improvements in accordance with science. and modernization today due to the reality of the geographical configuration of the country's territory in the form of an archipelago with 2/3 of its territory being water, of course logically Indonesia needs a strong and reliable Navy. There is an overlap in legal and institutional arrangements at sea, so it is necessary to synergize with the institutional aspects of law enforcement officials who have the authority.
Penerapan Prinsip Non-Refoulment Kepada Pengungsi Etnis Rohingnya oleh Negara Asean Krismansia Matulessy; Lucia Charlota Octovina Tahamata; Dyah Ridhul Airin Daties
TATOHI: Jurnal Ilmu Hukum Vol 1, No 10 (2021): Volume 1 Nomor 10, Desember 2021
Publisher : Faculty of Law Pattimura University

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Introduction: This study discusses the application of the principle of non-refoulement that has been agreed upon in the 1951 Convention concerning the Status of Refugees against Rohingya Ethnic Refugees by Asean Countries.Purposes of the Research: Analyzing and knowing the urgency Analyzing the application of the principle of non-refoulement to Rohingya refugees by ASEAN countries. Methods of the Research: This study uses a normative juridical method with the legal materials used in the study are primary, secondary and tertiary with the use of literature study techniques in the form of international legal regulations, scientific papers and literature.Results of the Research: Non-refoulement has binding power and must be obeyed by every country in the world considering that the principle of non-refoulement has a correlation with the principle of ius congens/jus congens which is coercive and bound for every State to implement it, both countries that are directly involved in the Convention and who are not involved. The implementation of the principle of non-refoulement against the Rohingya by ASEAN has not been fully implemented effectively. This can be seen from several ASEAN countries that are not proactive in handling the problem of Rohingya refugees. ASEAN as a Regional Organization that has the authority to intervene in human rights issues in Southeast Asia cannot act effectively because it is subject to the principles of non-intervention and consensus.
Perlindungan Hak Asasi Manusia Bagi Perempuan Kaum Minoritas Perspektif Hukum Internasional Hana Delvina Nanulaitta; Efie Baadila; Lucia Charlota Octovina Tahamata
TATOHI: Jurnal Ilmu Hukum Vol 1, No 9 (2021): Volume 1 Nomor 9, November 2021
Publisher : Faculty of Law Pattimura University

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Introduction: Cases of human rihts violations against women of the Rohingya ethnic minority by the Myanmar army and their protection for women of the Rohingya Ethnic minority in Myanmar.Purposes of the Research: This writing aims to find out and discuss the forms of regulation and protection of human rights law regarding minority women in international law.Methods of the Research: The research method in this writing uses the type of analytical prescriptive research. The research approach used is a statutory approach, a conceptual approach and a case approach. The procedure for collecting legal materials uses primary legal materials and secondary legal materials through books, articles, journals and the writings of legal experts, as well as legal materials analysis techniques in this study using qualitative analysis techniques.Results of the Research: The results obtained are to explain that related to human rights violations committed by the Myanmar army against women of the Rohingya ethnic minority, where in the process of enforcement and protection is not in accordance with what is done by the Myanmar government. Therefore, in order to maintain security, peace and peace together, it is necessary to have the role of world countries, especially the United Nations, ASEAN and the International Community to stop human rights violations.
Perlindungan Hukum Bagi Penduduk Sipil Di Wilayah Konflik Armenia Azerbaijan Cherry Evans Dgwait Timisela; Lucia Charlota Octovina Tahamata; Dyah Ridhul Airin Daties
TATOHI: Jurnal Ilmu Hukum Vol 1, No 8 (2021): Volume 1 Nomor 8, Oktober 2021
Publisher : Faculty of Law Pattimura University

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Introduction: The protection of the civilian population in the presence of an international armed conflict has been speciafically regulated in Genewa Convention IV 1949 concerning the Protection of Civilians in Conflict Areas. However, in the conflict over the territory of Nagorno-Karabakh by the State of Armenia and Azerbaijan, there are still a number of violations against civilians, where during the conflict, many civilian casualties continue to fall.Purposes of the Research: For this reason, this study aims to examine and determine the mechanisms and forms of protection for civilians in armed conflict according to Genewa Convention IV 1949. Methods of the Research: This research is a normative legal research, using a law approach and a case approach. Research data sources include primary, secondary and tertiary data sources. Data collection techniques in the form of literature studies. The data analysis technique used is descriptive qualitative.Results of the Research: The results showed that there were violations against the civilian population in the Nagorno-Karabakh conflict area by the State of Armenia and Azerbaijan, in the form of killing, raping, holding hostages, and discrimination.
Pengaturan Impor Sampah Plastik Di Indonesia Lendry Hendrik; Lucia Charlota Octovina Tahamata; Richard Marsilio Waas
TATOHI: Jurnal Ilmu Hukum Vol 1, No 7 (2021): Volume 1 Nomor 7, September 2021
Publisher : Faculty of Law Pattimura University

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Introduction: Law has an important rolf in life, because without law, there willbe no order and peacein people’s lives, including teh export-import process of plastic waste, therefore rules are made to regulate it.Purposes of the Research: Based on background, author aim to identify the regulation of plastic waste import in Indonesia.Methods of the Research: Method used is the normative juridical research method with statue aprroach and conceptual aprroach.Results of the Research: Based on author’s research, regulation of plastic waste in Indonesia is regulated at various levels, including law number 32 of 2009 concerning protection and management of the envitonmen, articel 69 paragraph (1) letter c explixitly prohibited everyone from entering organic waste from foreign country to Indonesia’s enviromental media.
Kebijakan Negara Filipina Tentang Penembakan Mati Pelaku Kejahatan Narkoba Dalam Perspektif Hukum Hak Asasi Manusia Internasional Brenda Jacobs; Lucia Charlota Octovina Tahamata; Dyah Ridhul Airin Daties
TATOHI: Jurnal Ilmu Hukum Vol 1, No 6 (2021): Volume 1 Nomor 6, Agustus 2021
Publisher : Faculty of Law Pattimura University

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Introduction: The Philippines is one country that provides serious penalties for drug offenders. The war on drugs is a policy carried out by the president of the Philippines, Duterte, to eradicate drug crimes. The victims who are suspected drug users and dealers are arrested and shot to death without a judicial process and a decision that has permanent legal force. Purposes of the Research: The method used is a normative juridical research method using a case approach, a statutory approach and a conceptual approach.Methods of the Research: This research is an empirical legal research, using a law approach and a case approach. Research data sources include primary, secondary and tertiary data sources. Data collection techniques in the form of library research and field studies. Technical Analysis of the data used is descriptive qualitative.Results of the Research: The results obtained explain that the regulation of drug dealers and users is regulated in international law and is also regulated in Philippine national law. The war against drugs in the Philippines by shooting dead drug crimes is contrary to international legal instruments, namely violations of human rights, especially the right to life. Because someone can not be killed arbitrarily, and can not be punished before the court site for accusations of wrongdoing. Thus, it is hoped that the policies carried out by the President of the Philippines will prioritize human rights with more attention to the rules regarding human rights.
Pemenuhan Hak Atas Pangan Dalam Masa Pandemi Covid-19 Berdasarkan ICESCR Serta Implikasi Hukumnya Di Maluku Christenia Gladysthea Arvita Andries; Josina Augustina Yvonne Wattimena; Lucia Charlota Octovina Tahamata
TATOHI: Jurnal Ilmu Hukum Vol 1, No 5 (2021): Volume 1 Nomor 5, Juli 2021
Publisher : Faculty of Law Pattimura University

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Introduction: The fulfillment of food rights is contained in the legal instruments of the International Covenant of Economic, Social and Cultural Rights (ICESCR) which has been ratified into Law No. 11 of 2005 concerning the Ratification of the Covenant on Economic, Social and Cultural Rights.Purposes of the Research: To review and analyze the fulfillment of food rights during the covid-19 pandemic based on ICESCR and its legal implications in Maluku.Methods of the Research: The research method used is normative juridical. The problem approach used is conceptual approach, and statutory approach, the source of legal materials used is the source of primary and secondary legal materials. Collection techniques through literature studies and then analyzed through a description method using qualitative methods.Results of the Research: The legal implications of fulfilling food rights in Maluku during the covid-19 pandemic have not been properly met due to the policy of restricting social movements that resulted in the traffic of sea transportation between islands in Maluku is hampered so that people have difficulty addressing basic food needs. National food sufficiency does not guarantee that all communities get the food they need. Found five aspects that are quite influential to the problem of food availability. among others, the increasing population, declining food production and productivity, the occurrence of climate change, conservation of agricultural land and still high proportion of lost yields in the production process, handling of crops and processing. Then, food distribution problems include, distribution systems that have not been well organized, land and inter-island distribution infrastructure that is not adequate, while for food consumption problems that are not diverse and nutritious enough balanced.  And when a violations of covenant obligations in the fulfillment of food for the community then it can be prosecuted as stipulated in the principles limbur.
Penggunaan Kekerasan Sebagai Cara Memperoleh Wilayah Bertentangan Dengan Hukum Internasional Fahira Ode Damura; Arman Anwar; Lucia Charlota Octovina Tahamata
TATOHI: Jurnal Ilmu Hukum Vol 1, No 4 (2021): Volume 1 Nomor 4, Juni 2021
Publisher : Faculty of Law Pattimura University

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Introduction: The territorial sovereignty of a country includes three dimensions, namely land, air and sea.Purposes of the Research: The purpose and benefit of this research is to demonstrate the study and analysis of the rules of territorial control and international law.Methods of the Research: The type of research used in this research is normative law which is sourced from primary and secondary legal materials whose data is collected through library research.Results of the Research: Based on the results of the research, it shows that the regulation of territorial control is regulated in international law but is prohibited if it is carried out by means of violence as stipulated in the UN Charter Article 2 paragraphs (3) and (4). The form of territorial conquest is currently strictly prohibited, this is emphasized in UN Security Council resolution 242 concerning the illegality of territorial control by war. The use of violence is only allowed in terms of self-defense, or based on the mandate of the UN Security Council for humanitarian purposes (humanitarian intervention). Apart from the above, in both classical international law and customary international law, the use of force and subjugation has not yet reached the stage of being prohibited.
Upaya Hukum Filipina untuk Mendapatkan Hak Berdaulat atas Kepulauan Kalayaan (Kepulauan Spartly) Olivia Lebrina Inuhan; Lucia Charlota Octovina Tahamata; Dyah Ridhul Airin Daties
TATOHI: Jurnal Ilmu Hukum Vol 1, No 3 (2021): Volume 1 Nomor 3, Mei 2021
Publisher : Faculty of Law Pattimura University

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Introduction: The Spratly Archipelago are one of the archipelago located in the South China Sea and have relatively many natural potentials so that these islands are claimed by several countries, one of which is the Philippines. The Philippines claims several islands and considers that the Philippines has legality of sovereign rights in the Philippine Exclusive Economic Zone, and names the claimed islands as the Kalayaan islands, but the claims made by the Philippines are challenged by several countries, one of which is China. Therefore, this paper will further examine Philippine legal efforts to gain sovereign righs over the Kalayaan acrhipelago (Spratly Archipelago).Purposes of the Research: The purpose of this writing is, the legality of the Philippine sovereign rights in the Kalayaan Archipelago (Spartly Archipelago) according to UNCLOS 1982.Methods of the Research: Research methods are used with namely normative research types, statutory approaches and case approaches, primary legal materials and secondary and material collection procedures using library research and documentary studies.Results of the Research: From the results of the research, the problem shows that the legality of the Philippines, which is a coastal state, has sovereign rights over the EEZ in its territory. The claim made by the Philippines in the Spratly Islands against Kalayaan can be said to be legal because it has a fairly strong juridical and factual basis, seen when the Arbitase Court in The Hague won the Philippine lawsuit over the case of the Spratly Islands which has been claimed as its territory. The judge emphasized that China does not have an Exclusive Economic Zone in the Spratly Islands, which has been in dispute with the Philippines. Each coastal State is obliged to respect each other's sovereign rights in the EEZ of each country. The Philippines must take a new way to gain legal force on the sovereign rights of the Philippine EEZ, one of which is to submit a request to the International Court of Justice to cooperate and make a joint agreement with the disputing countries so that the legality of the Philippines' sovereign rights is recognized.
Bentuk Tanggung Jawab Negara dalam Memberikan Perlindungan Hukum Bagi Warga Negara yang Terlibat Terorisme Di Negara Lain Maria Febronia Tawurutubun; Lucia Charlota Octovina Tahamata; Richard Marsilio Waas
TATOHI: Jurnal Ilmu Hukum Vol 1, No 2 (2021): Volume 1 Nomor 2, April 2021
Publisher : Faculty of Law Pattimura University

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Introduction: Each citizen protection right is in itself reciprocated with the state's obligation to fulfill it. The role of countries is urgently needed and even compulsory to protect, advance and fulfill the rights of citizens. The government's responsibility to protect the country is not only in Indonesia but also abroad and Indonesian citizens who are involved in terrorism in other countries.Purposes of the Research: The purpose of this writing is knowing of state responsibilities under the protection of citizens involved in terrorism in other countries.Methods of the Research: The writing method used in the research isa normative-law study using three approaches of legislation, a conceptual approach and a case approach aimed at both assessing and knowing about how a country's responsibility is protected by citizens who are involved in terrorism in other countries by international law.Results of the Research: Countries that provide protection to citizens involved in terrorism in other countries are a form of national responsibility based on international laws and a number of laws that apply in Indonesia. The law enforcement agency has been providing legal assistance through the mechanism of the applicant.
Co-Authors Andi M Anshari Yusri Arman Anwar Brenda Jacobs Cherry Evans Dgwait Timisela Christenia Gladysthea Arvita Andries Cliff Markus Latumeten Dyah Ridhul Airin Daties Efie Baadila Elvira Belinda Mantiri Fahira Ode Damura Felix Brayen Uruilal Felix Mayaut Gilbert Marc Baljanan Golda C L Ingratubun Gremy Marsel Makatita Grenaldo Milando Saleky Hana Delvina Nanulaitta Johanis Steny Franco Peilouw Josina Augustina Yvonne Wattimena Krismansia Matulessy La Ode Angga Lendry Hendrik Maria Febronia Tawurutubun Marlin Paulina Laiyan Nur Afya Ramadanti Olivia Lebrina Inuhan Popi Tuhulele Richard Marsilio Waas Ricky Marthin Wattimena Saartje Sarah Alfons Vera Waty Simanjuntak Welly Angela Riry Wilshen Leatemia