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Welly Angela Riry
Fakultas Hukum Universitas Pattimura Ambon, Indonesia
Humanities Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Journal : PATTIMURA Law Study Review

 1 
Pengaturan Kelompok Militan Dalam Konflik Bersenjata Menurut Hukum Humaniter Internasional Wafiq Maulana Seknun; Arman Anwar; Welly Angela Riry
PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 2023 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v1i1.10585

Abstract

ABSTRACT: Militants or so-called radical groups are groups of civilians whose purpose is to serve as a supplement to the regular military coup. The process of forming militants occured because of conflict between the Taliban and the Afganistan goverment which was supported by the United State so that insurgent groups were named militants or insurgent groups. The writing aims to find out the responsibility of militant groups as rebels who kill civilians in terms of international humanitarian law. The results of international Humanitarian Law research that regulates armed conflict between states and insurgents can be seen in article 3 of the 1949 Geneva Convention and Additional Protocol II of 1977. Subject of international law, both must comply with humanitarian law and are prohibited from committing acts that can be categorized as war crimes or crimes againts humanity. Responbility for rebel groups is the responsibility of the rebel commmand, but if it is carried out individually then it can be prosecuted individually in the national court and if the national court does not eforce the law againts the person concerned then it can be brought before the international Criminal Court it can accordance with the 1998 Rome Statute. Rebel groups the Taliban who are currently in power as well as other parties, are oliged to implement the 1949 Geneva Convention and aditional Protocol II both during armed conflict and in peacetime.
Suksesi Di Afganistan Menurut Hukum Internasional Farhan Juneth Paisuly; Popi Tuhulele; Welly Angela Riry
PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 2023 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v1i1.10590

Abstract

ABSTRACT: Succession is a change or replacement of a legal subject by another legal subject. Similar to Garner's opinion, this is also stated in civil law that succession means the replacement of one legal subject by another legal subject. For example, because the first legal subject died. Although not very precise, the definition of succession is used in international law and is applied to two events of state change, namely state succession and government succession. This legal research uses normative juridical law or library law research, namely legas researchconducted by examining literature or secondary data consisting of primary legal materials, secondary law, and tertiary law. These materials are then methodicaly collected, reviewed, and conculusions draw with repect to the problem being investigated. In particular the legal implications of state succession under international law. The results of the study show that these arrangements are reflected in three conventions governing state succession according to international law, namely: First, the 1969 Vienna Convention on the Law of Treaties, which adheres to the principle of rebus sic stantibus, which states that if there is a fundamental change, circumstances can be used to terminate or withdraw from the agreement; Second, the 1978 Vienna Convention on Succession of States in Relation to International Agreements, which only applies to written international agreements attached to an agreement; and Third, the 1982 Vienna Convention on the Successional Status of States has legal consequences for state archives, private property rights, public property rights, and state property rights.
Pelanggaran Perjanjian Internasional Secara Diam-Diam Dan Akibat Hukumnya Filianthino Eurico Wattimena; Josina Agustina Yvonne Wattimena; Welly Angela Riry
PATTIMURA Law Study Review Vol 1 No 2 (2023): Desember 2023 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v1i2.11428

Abstract

International agreements play a very important role in regulating relations and life between countries. Indonesia is one of the countries that made a bilateral agreement with Australia regarding the regulation of traditional fisheries rights through the 1974 MoU Box agreement. However, in reality, in implementing its traditional fisheries rights, problems were found in the form of obstacles caused by unilateral violations by Australia of the agreement contained in the contents of the MoU Box. . The research method used in the research is normative juridical, using a research approach, namely the statutory approach, concept approach and case approach. The results of the research show that in fact violations of the agreement between Indonesia and Australia occurred secretly by Australia. Proof of the violations committed by Australia was the issuance of the 1981 MoU which canceled the 1974 MoU which previously determined the fishing area from 12 miles to 200 miles. The changes to the agreement were not notified to Indonesia as one of the countries that made an agreement with Australia. The legal consequence that arises is that traditional fishermen whose rights are recognized in UNCLOS 1982 can no longer fish in this area, because Australia has unilaterally designated this area as a conservation area. Indonesia will also consider Australia as a country that is inconsistent in implementing bilateral agreements between the two countries regarding the recognition of the traditional rights of fishermen and this will have an impact on diplomatic relations between the two countries.
Co-Authors Arman Anwar Arman Anwar Efie Baadilla Ekberth Vallen Noya Farhan Juneth Paisuly Filianthino Eurico Wattimena Josina Agustina Yvonne Wattimena June M Rumalaklak Lucia Charlota Octovina Tahamata Muammar Muammar Popi Tuhulele Rendyano Rizalno Hiariej Ricky Marthen Wattimena Rika Sintia Kolatlena Rony Soplantila Vondaal Vidya Hattu Wafiq Maulana Seknun Wilshen Leatemia Wilshen Leatemia Wilshen Leatemia