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Eksistensi Instrumen Hukum Lokal dalam menjamin hak-hak masyarakat adat dalam perspektif informal Justice System di Kep Kei Besar Gilbert Marc Baljanan; Lucia Charlota Octovina Tahamata; Saartje Sarah Alfons
SANISA: Jurnal Kreativitas Mahasiswa Hukum Vol 2, No 1 (2022): Volume 2, Nomor 1, April 2022
Publisher : Faculty of Law Pattimura University

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Introduction: Society is a group of people who are closely intertwined because of certain systems, certain traditions, and certain laws that are the same, and lead to the collective life of people with certain systems and certain traditions in Indonesia. it is a living alliance that is still original growing as a legal order that is cared for by its customary leaders: In a case settlement and law enforcement cannot be done only in a formal way but can also be done through informal channels. This informal path or commonly referred to as the informal justice system in which problems that occur in indigenous peoples are resolved according to custom and applicable rules where the informal case resolution process is carried out by prior examination by community officials and traditional leaders.Purposes of the Research: To examine and find out the existence of local legal instruments in guaranteeing the rights of indigenous peoples in the perspective of the informal justice system in the Kei Besar Islands.Methods of the Research: The method used in writing this paper is literature study and observation. The main types of references used in the study of literature are books, journals and scientific articles. The data is used as a basis for analyzing and explaining the problem in a discussion. The analysis technique is descriptive argumentative. Meanwhile, observations and interviews were conducted with civil law lawyers at Pattimura University.Results of the Research: Local Legal Instruments located in Kep. Kei Besar, in order to create an acknowledgment, must be written and its credibility recognized by positive laws regulated in Indonesia. In addition, the Informal Justice System has proven to be effectively able to answer various kinds of customary issues, such as in Pakraman Village, Bali. Our local legal instruments must also contain procedures for resolving disputes by a customary court. It is important that the Indigenous Law Community Bill must be ratified immediately in order to acknowledge and create credibility rather than the existence of the Indigenous Law Community itself

Perlindungan Hukum Konsumen Bagi Penerima Vaksin Covid-19 Vera Waty Simanjuntak; La Ode Angga; Lucia Charlota Octovina Tahamata
SANISA: Jurnal Kreativitas Mahasiswa Hukum Vol 1, No 2 (2021): Volume 1, Nomor 2, Oktober 2021
Publisher : Faculty of Law Pattimura University

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Introductioan: The government continues to carry out Covid-19 vaccinations in Indonesia to protect and strengthen the health system as a whole, as well as maintain productivity and reduce the social and economic impact of the community.Purposes of the Research: Purpose of Writing/Research: knowing and analyzing the covid 19 vaccine and its impact on the human body as well as knowing and analyzing legal legal protection for recipients of the covid-19 vaccine. Methods of the Research: The method used in writing this paper is literature study and observation. The main types of references used in the study of literature are books, journals and scientific articles. The data is used as a basis for analyzing and explaining the problem in a discussion. The analysis technique is descriptive argumentative. Meanwhile, observations and interviews were conducted with civil law lawyers at Pattimura University. Results of the Research: The results of the study show that the government has a responsibility to guarantee the rights of citizens to health, so that when these obligations are violated and cause harm, the government has committed acts against the law, community with an organized approach to achieve maximum results. In the implementation of vaccination, the government must provide clear information to the public so that people are not afraid to participate in vaccination. The government must also provide clear information to the public that after being vaccinated, the community must continue to apply health protocols for mutual safety.

Kebijakan Bebas Visa Bagi Warga Negara Asing yang Masuk Secara Ilegal dalam Prespektif Hukum Keimigrasian Elvira Belinda Mantiri; Johanis Steny Franco Peilouw; Lucia Charlota Octovina Tahamata
SANISA: Jurnal Kreativitas Mahasiswa Hukum Vol 1, No 1 (2021): Volume 1, Nomor 1, April 2021
Publisher : Faculty of Law Pattimura University

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Introductioan: This research discusses the issue of Free Visas made by the government in Presidential Regulation No. 21 of 2016 concerning Visa Free that does have a positive impact such as the increase in the number of tourists that is felt in economic growth, as well as foreign exchange countries. But it also has a negative impact, namely free visas, visas made by citizens such as an overstay visit visa, or workers who enter to work in Indonesia illegally.Purposes of the Research: Analyze and review visa-free policies for the entry and exit of foreign national)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 literatureResults / Findings / Novelty of the Research: The Visa Free Policy made by the government does have a positive impact such as the increase in the number of tourists is very much felt in economic growth, as well as the country's foreign exchange. But it also has a negative impact, namely the abuse of visa-free committed by foreign nationals, such as the abuse of an overstay visit visa, or foreign workers who enter to work in Indonesia illegally, this can also affect the country's sovereignty, especially in the social and social fields. economy therefore the abuse of visa-free must be a major concern for the government to be able to solve the problem.

Penguasaan Wilayah Oleh Pemberontak dan Implikasi Hukum terhadap Hak Asasi Manusia Gremy Marsel Makatita; Lucia Charlota Octovina Tahamata; Popi Tuhulele
TATOHI: Jurnal Ilmu Hukum Vol 2, No 6 (2022): Volume 2 Nomor 6, Agustus 2022
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i6.1121

Introductioan: In fact, what happened in Afghanistan shows that the protection of civilians is not fully guaranteed, and the existing regulations on insurgency and armed conflict have always been entirely by the parties to the insurgency and conflict, indicating that it has not been implemented.Purposes of the Research: This writing aims to analyze and find out international law governing the control of territory by rebels and the legal implications of territorial control by rebels on human rights.Methods of the Research: The type of research used is normative, which is focused on providing explanations that explain a particular category. Approach the problem of the statute approach (statute approach) and the conceptual approach (conceptual approach). The collection of legal materials through primary legal materials is then free from secondary legal materials. The processing and analysis of legal materials is described in a qualitative way with the aim of describing the findings in the field.Results of the Research: Provisions regarding non-international armed conflicts / rebels are regulated only based on Article 3 of the General Articles of the 1949 Geneva Conventions and Additional Protocol II of 1977. There are several conditions that must be met in order for a rebel group to be recognized as belligerent and become a subject in international law. The legal implications of the Taliban's territorial control in relation to hostilities affect not only members of the military but also civilians. Moreover, as the weak and suffering party, civilians are easily the targets of violence with various false claims. Humanitarian law also regulates the protection of the civilian population in Article 27 of Convention IV of 1949. The government or state is obliged to fully enforce the law to protect those who are victims of violations of international humanitarian law. To protect human rights in various situations, legal means are needed to create legal certainty in the implementation of the protection of everyone's rights.

Perlindungan Hukum Internasional Bagi Pasukan Penjaga Perdamaian Perserikatan Bangsa-Bangsa Felix Mayaut; Lucia Charlota Octovina Tahamata; Wilshen Leatemia
TATOHI: Jurnal Ilmu Hukum Vol 2, No 10 (2022): Volume 2 Nomor 10, Desember 2022
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i10.1440

Introduction: Peacekeeping Forces are troops formed by the Security Council to maintain international. These troops are usually deployed after a conflict in a country and have obtained prior agreement with the disputing parties.Purposes of the Research: This writing aims to understand and find out the forms of protection and legal status of the UN peacekeepers. Methods of the Research: The research method in this paper uses a descriptive analytical research type. The research approach used is a law 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, documents, scientific works of legal scholars, as well as legal materials analysis techniques in this study using qualitative analysis techniques.Results of the Research: The results show that the form of protection for peacekeepers in armed conflict is regulated in the 1949 Geneva Conventions and the 1994 United Nations Personnel Safety Convention. Neither personnel, equipment and buildings may be subjected to attacks or actions that prevent them from carrying out their mandate. MONUSCO's legal status is contained in Security Council Resolution 2556 of 2020 and the Status of Force Agreement which describes their duties, functions and privileges in a country. Attacks against them in any form are punished according to their severity and the United Nations as the mandate giver has the right to file claims for damages suffered while carrying out official obligations as representatives of the United Nations, based on the Advisory Opinion of the International Court of Justice.

Dampak Ratifikasi Indonesia Terhadap International Convention for the Suppression of Terrorist Bombings 1997 Golda C L Ingratubun; Lucia Charlota Octovina Tahamata; Dyah Ridhul Airin Daties
TATOHI: Jurnal Ilmu Hukum Vol 2, No 9 (2022): Volume 2 Nomor 9, November 2022
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i9.1428

Introduction: Terrorism as a type of Activities of Transnational/Criminal Organizations is a feared crime because it threatens the sovereignty of the state, society and individuals, disrupts national stability and pollutes democratic values.Purposes of the Research: To study and find out what things are regulated in the 1997 International Convention for the Suppression of Terrorist Bombings and the impact of Indonesia ratifying the 1997 International Convention for the Suppression of Terrorist Bombings. Methods of the Research: This study uses a normative juridical type which conducts research on the rules, norms and legal principles based on laws and regulations relating to the problem under study.Results of the Research: The results of this study explain the matters regulated in the 1997 International Convention for the Suppression of Terrorist Bombings, namely the efforts deemed necessary by the state party in tackling terrorism crimes within the scope of its country. It also regulates mutual legal assistance cooperation efforts, where countries that build cooperative relations can exchange information about the movement of terrorists considering that terrorism is a trans-national crime so that its handling can be more effective. The jurisdiction referred to in this convention is the regulation concerning the authority to enforce national law in the territory of a party based on the laws and regulations of that country. Extradition referred to in this convention is a regulation regarding the process of surrendering a person who is suspected or convicted to a country requesting surrender because he has committed a crime outside the territory of the surrendering country.

Dampak Penetapan Kelompok Bersenjata Sebagai Teroris Oleh Negara Lain Dalam Tinjauan Hukum Internasional Grenaldo Milando Saleky; Lucia Charlota Octovina Tahamata; Wilshen Leatemia
TATOHI: Jurnal Ilmu Hukum Vol 2, No 8 (2022): Volume 2 Nomor 8, Oktober 2022
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i8.1425

Introduction: Terrorism is an international crime that poses a danger to security, world peace and harms the welfare of the community, it needs to be eradicated in a planned and sustainable manner so that the human rights of the people can be protected and upheld.Purposes of the Research: This writing aims to study and discuss an armed group that can be designated as a terrorist in terms of international law and to examine and discuss the impact of the designation of an armed group as a terrorist by another country in terms of international law. Methods of the Research: The method used is a normative juridical research method using a case approach, a statutory approach and a conceptual approach.Results of the Research: The results obtained from this research are, An Armed Group can be designated as a Terrorist in terms of International Law are: The designation of an Armed Group as a terrorist is not specifically regulated in International Law. But in this case it is related to the designation of Hamas as a terrorist by several existing countries, based on the provisions of the conventions on the protection of children's rights in the Israeli and Palestinian conflicts in the 1989 Convention on the Rights of the Child (CRC), Resolution 44/25 (Convention on the Rights of the Child) Article 39 and the protections for civilians regulated in the International Military Tribunal Tokyo 1950 Principle VI are violated by the group. The impact of the designation of armed groups as terrorists by other countries in terms of international law is: Giving negative stigmatization and increasingly prolonged discrimination to the Hamas group as freedom fighters in the country where Hamas is located.

Pengaturan Perjanjian Internasional Dan Relevansinya Dengan Klaim Pulau Dokdo Berdasarkan Perjanjian San Fransisco 1951 Cliff Markus Latumeten; Johanis Steny Franco Peilouw; Lucia Charlota Octovina Tahamata
TATOHI: Jurnal Ilmu Hukum Vol 2, No 11 (2023): Volume 2 Nomor 11, Januari 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i11.1448

Introduction: The Dokdo Island dispute is one of the disputes involving Japan and South Korea. Both Japan and South Korea still hold fast that Dokdo Island is part of their country's sovereignty.Purposes of the Research: The purpose of this paper is to find out and examine the arrangement of international agreements in claiming an area as well as to find out and examine the settlement of claims made by Japan against Dokdo Island based on the 1951 San Francisco Agreement. Methods of the Research: The type of research used in this research is normative juridical (normative legal research type), which is an approach that is carried out by researching or studying well library materials or literature studies. Especially to examine the provisions of positive law, legal principles, legal principles, and international law doctrines in order to answer the legal issues faced.Results of the Research: The results of this study indicate that the emphasizes that an international treaty dispute must be resolved by peaceful means in accordance with the principles of justice and international law. The 1951 San Francisco agreement itself does not explain the arrangement of international agreements in claiming an area, either directly or indirectly bordering areas. Because the San Francisco agreement itself was a peace treaty between Japan and the Allies to end World War II. Various dispute resolution efforts have been carried out such as diplomatic and judicial settlements, but until now the right way to resolve the Dokdo Island dispute has not been found. Based on the contents of the 1951 San Francisco Agreement, there was no discussion related to the settlement of the Dokdo island dispute between Japan and South Korea or other international disputes because the agreement was only a peace agreement between Japan and its allies in ending World War II. However, there are several ways of resolving disputes that can be taken by both parties, both through non-litigation and litigation channels, such as through mediation, negotiation to settlement through the International Court of Justice.

Perlindungan Hukum Terhadap Hutan Mangrove Pada Areal Pesisir Pantai Ricky Marthin Wattimena; Wilshen Leatemia; Lucia Charlota Octovina Tahamata
Balobe Law Journal Vol 1, No 2 (2021): Volume 1 Nomor 2, Oktober 2021
Publisher : Fakultas Hukum Universitas Pattimura

Introductioan: One of the potentials of mangrove forests is to prevent coastal abrasion. With the existence of mangrove forests, erosion of coastal areas during the rainy season can be minimized. Besides that, mangroves can also be an ecosystem for crabs and various other types of fish. However, in the course of development, many times mangrove forests are converted and also destroyed because of development interests by individuals and development companies.Purposes of the Research: The purpose of this article is to find out how to regulate the management of coastal areas and how to protect the law against mangrove forest areas on the coast of Piru Village, West Seram Regency.Methods of the Research: This research is a normative research using a statutory approach with sources of legal materials used are primary legal materials, secondary legal materials and tertiary legal materials with qualitative analysis.Results of the Research: The results of the study found that the regulation related to the management of coastal areas is regulated in Law No. 1 of 2014 and in its implementation in the field there is still damage to mangrove forests, especially in the coastal area of Piru Village, West Seram Regency and is detrimental to coastal communities because the coastal area is an area that should protected because it is important for the sustainability of the community in the area.

Perdagangan Satwa Liar Ditinjau Dari Convention On International Trade In Endangered Species Of Wild Fauna And Flaura Nur Afya Ramadanti; Lucia Charlota Octovina Tahamata; Wilshen Leatemia
TATOHI: Jurnal Ilmu Hukum Vol 3, No 4 (2023): Volume 3 Nomor 4, Juni 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i4.1797

Introduction: Smuggling, trading, and theft of protected wild animals have increased quite high, such as orangutans, tigers, primates, and various other types of wildlife. It was recorded that since 2014 there were 14 cases until in 2016 the cases increased to 25 cases of illegal wildlife trade. This will have an impact on the lack of heritage biodiversity for mankind.Purposes of the Research: To find out about protection against wildlife trade according to the Convention On International Trade In Endangered Species Of Wild Fauna And FlauraMethods of the Research: The research used is normative juridical research. The research approach uses a legal approach, a conceptual approach and a case approach. Sources of research data are primary, secondary, tertiary data which is carried out by searching for library materials, namely studies related to international and national laws and regulations. The collection of legal materials is then analyzed qualitatively.Results of the Research: Wildlife protection according to the CITES convention is discussed in the classification of endangered species, non-threatened species, and registered species based on Appendix I, Appendix II and Appendix III. Appendix I lists and protects all wild flora and fauna species that are threatened with extinction so that they are prohibited from all forms of international trade. Meanwhile, Appendix II contains a list of Appendix II that are not threatened with extinction, but may be threatened with extinction if the trade in these species is not controlled. Then on the Appendix. III contains a list of flora and fauna species that have been protected by a certain country within the boundaries of their habitat area. The state must be responsible for the preservation of protected animals. Indonesian national laws regarding the protection of wild animals as well as endangered species should be maximized by conducting socialization to the public. The perpetrators of trade in protected wildlife must be given appropriate punishment and the need for a firm attitude from the government towards those who trade in animals in order to provide a deterrent effect for the perpetrators

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