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Perjanjian Kerjasama Internasional dalam Konstruksi Negara Kesatuan Republik Indonesia Welly Angela Riry; Efie Baadilla; Wilshen Leatemia; Vondaal Vidya Hattu; June M Rumalaklak
Balobe Law Journal Vol 1, No 1 (2021): Volume 1 Nomor 1, April 2021
Publisher : Fakultas Hukum Universitas Pattimura

Introduction: The times have demanded international cooperative relations, including Indonesia, which is solely done to improve the welfare and prosperity of the people. International agreements are the main instrument for the implementation of international cooperative relations. Purposes of the Research: The purpose of this research is to find out and understand the position of international cooperation agreements in the construction of the Unitary State of the Republic of Indonesia.Methods of the Research: This research is a normative study using a statutory approach with the source of legal materials used primary legal materials and secondary legal materials and tertiary legal materials with qualitative analysis with deductive and inductive methods. Results of the Research: Every process of implementing and ratifying an international cooperation agreement must be carried out using formal statutory instruments so that the Indonesian state forms and issues a regulation in regulating all matters concerning international agreements, this proves the importance of establishing international cooperation and also shows that international cooperation agreements also become part of the construction of the Unitary State of the Republic of Indonesia.

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.

Tinjauan Yuridis Pelanggaran Cyber Attack Dalam Perang Modern Berdasarkan Hukum Humaniter Internasional Stenly Pattiruhu; Johanis Steny Franco Peilouw; Wilshen Leatemia
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.v2i9.1430

Introduction: Violations in the form of cyber attacks are carried out by countries that have strong cyber space infrastructure against other countries that have weaknesses in their cyber defense systems.Purposes of the Research: The purpose of this paper is to find out and understand the position of cyber attacks in international humanitarian law and to know and understand the state's responsibility for the use of cyber attacks. Methods of the Research: This type of research is normative juridical where the research is carried out by collecting primary, secondary and tertiary data obtained using library research. The data that has been collected is analyzed qualitatively, the description of which is arranged systematically based on legal disciplines to achieve clarity on the issues to be discussed.Results of the Research: The results of this study indicate that the position of cyber attacks in international humanitarian law is the same as conventional wars based on a cyber attack approach as a war domain as well as attacks in cyber attacks. Cyber attacks also violate the principles of humanitarian law, namely the Principle of Discrimination, the Principle of Proportionality and Uncessary Suffering. Furthermore, with regard to the state having an obligation to be responsible for violations of the principles of International Humanitarian Law caused by cyber attacks carried out by a person or group, it is proven to have a close relationship with the state in accordance with international customs regarding state responsibilities and is also obliged in the responsibilities contained in the law. United Nations Charter. Forms of liability can be in the form of cessation of attacks and reparations. The reparations themselves can be carried out by means of restitution, compensation and giving satisfaction to the victim 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.

Fungsi ASEAN Intergovernmental Commision on Human Rights (AICHR) Dalam Perlindungan HAM Di Wilayah Domestik Myanmar Christa Delani Pelupessy; Josina Augustina Yvonne Wattimena; Wilshen Leatemia
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.v2i11.1447

Introduction: Human rights have not been of particular concern at the inception of ASEAN. Until then, there were several cases of human rights violations that occurred in the ASEAN region.Purposes of the Research: The aim of this writing is to study and delve the Role of AICHR in protecting Human Rights in domestic Myanmar. Methods of the Research: The method used is a normative juridical research method using statutory approach, conceptual approach, and case approach.Results of the Research: The results obtained from the research, it is proven that ASEAN Integovernmental Commission AICHR has fulfilled its function to protect Human Rights conflict in domestic Myanmar. AICHR seeks to obtain information on Human Rights violations occured in the domestic territory of Myanmar, and apply regular approach as well in dealing with issue of Human Rights violations in Myanmar which considered to be the function of AICHR Commission. The efforts managed by AICHR to protect Human Rights in Myanmar domestic territory are conducting consultations and discussions with the state of Myanmar, and holding workshops to discuss Human Rights violations on regional level together with ASEAN member countries for any Human Rights violations occured in Myanmar's domestic territory. AICHR endeavour to comply with ASEAN Principles poured in the ASEAN Charter, abides The Principle of Respect for State Sovereignty and The Principle of Non-Intervention.

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

Fulfillment of Children's Health Rights in Ambon City During The Covid 19 Pandemic Veriena Joseva B Rehatta; Wilshen Leatemia; Tomy Palijama
SASI Vol 27, No 2 (2021): Volume 27 Nomor 2, April - Juni 2021
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v27i2.442

Many challenges that can affect children's health, including access to health services, health disparities, social, cognitive, and emotional factors both in the family and society, environmental factors, especially poverty, and of course the Covid-19 virus are the main problems today. This study aims to see how the role of ambon city government in dealing with health problems in children during the Covid-19 pandemic and how the role and responsibility of the community in looking at health development in children during the Covid-19 pandemic. This research was conducted using a juridical approach emperis which is a descriptive study of qualitative analysis. The research seeks to illustrate how the Fulfillment of Children's Health Rights in Ambon City During the Covid-19 Pandemic. The workings of empirical juridical or sociological juridical methods in this research proposal are from the results of the collection and discovery of data and information through literature studies on the assumptions or basic assumptions used in answering the problems in this research, then conducted inductive-verifikative testing on the latest facts contained in society. The results of this study indicate that in the handling of the Covid-19 Pandemic children in Ambon, it went well according to the Health protocol, as well as the services provided by the health officers at the puskesmas and the Ambon City Health Service to the exposed children, all were examined and treated properly. But there are also parents who do not bring their children to do an examination if they feel symptoms of Covid-19. Therefore, the status of being exposed to Covid-19 in children is not so much because of the fear of parents to have their children checked.

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