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Status Hukum Wilayah Palestina Dalam Peta Digital Internasional Berdasarkan Hukum Internasional Kesya Meidy Lourens; Arman Anwar; Richard Marsilio Waas
TATOHI: Jurnal Ilmu Hukum Vol. 2 No. 3 (2022): Volume 2 Nomor 3, Mei 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i3.915

Introduction: This study discusses the issue of Palestine's non-participation in making international-based digital maps, Google in this case Google maps, as one of the Multinational or Transnational companies, which is part of the subject of International Law.Purposes of the Research: Knowing and analyzing the legal status of the Palestinian territories on international digital maps in international law. Methods of the Research: This study uses a normative juridical method with the legal materials used in the research are primary, secondary and tertiary with the use of literature study techniques in the form of international legal regulations, scientific works and literature.Results of the Research: The results of the study show that in international law, digital-based maps have not been properly regulated, so that in the process of making digital maps by digital companies under the auspices of multinational companies, there are many problems because there are no written provisions. To overcome this, it is necessary to make arrangements internationally in order to create legal certainty and prevent the emergence of public opinion which interprets unilaterally so that it can threaten the existence of a country's sovereignty.

Perlindungan ABK Indonesia Yang Bekerja Di Kapal Asing Berdasarkan Unclos 1982 Wahyuni Boeng; Arman Anwar; Richard Marsilio Waas
TATOHI: Jurnal Ilmu Hukum Vol. 1 No. 8 (2021): Volume 1 Nomor 8, Oktober 2021
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v1i8.798

Introduction: This study discusses the legal review of the protection of Indonesian crew members working on foreign ships based on UNCLOS 1982 related to cases of environmental pollution carried out by South Korean ships in the Strait of Hormus, Persian Gulf, Iran involving 2 (two) Indonesian crew members in hold by Iran.Purposes of the Research: Analyze the detention of crew members in accordance with international law and analyze the responsibility of the Indonesian government in the process of releasing and repatriating Indonesian crew members detained by the Iran government.Methods of the Research: This research uses the juridical normative method by using a statutory approach, a conceptual approach, and a case approach.Results of the Research: The results showed that the detention by the Iranian government of the ship and crew of Hankook Chemi, South Korea was in accordance with international law based on the provisions of Article 73 of UNCLOS 1982, namely that the coastal State has the authority to enforce the legislation of the coastal State. However, the Indonesian government also has the right to provide legal protection to Indonesian crew members. The forms of protection of the Government of Indonesia consist of 3, namely: technical protection, juridical protection, and political protection, based on the Law of the Republic of Indonesia Number 39 of 2004 concerning the placement and protection of Indonesian workers abroad.

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, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v1i7.659

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.

Tanggung Jawab Negara Terhadap Pelanggaran Hak Asasi Manusia Di Belarusia Ditinjau Dari Hukum Internasional Billy Diego Arli Papilaya; Johanis Steny Franco Peilouw; Richard Marsilio Waas
TATOHI: Jurnal Ilmu Hukum Vol. 1 No. 6 (2021): Volume 1 Nomor 6, Agustus 2021
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v1i6.637

Introduction: Human rights violations that occurred in Belarus between the Belarusian Police and the demonstrators were an act that violated the provisions of the applicable laws and regulations. Purposes of the Research: This writing aims to examine and analyze how the regulation of state responsibility according to international law and the form of state responsibility for human rights violations in Belarus is arranged.Methods of the Research: The research method in this paper uses a normative juridical research type. 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 the state's responsibility for human rights violations in Belarus is a guarantee in upholding human rights, because the human rights violations committed by the Belarusian Police against the demonstrators are the responsibility of the state, where in upholding, protecting, fulfilling, respecting, and the responsibility of the state in promoting human rights in accordance with applicable regulations.

Kedudukan International Criminal Police Organization (ICPO-Interpol) dalam Perjanjian Ekstradisi antara Indonesia dan Australia Christien Pristi Gresilo Putri Amanda; Veriena Josepha Batseba Rehatta; Richard Marsilio Waas
TATOHI: Jurnal Ilmu Hukum Vol. 1 No. 5 (2021): Volume 1 Nomor 5, Juli 2021
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v1i5.624

Introductioan: There are advances in science and technology, especially in transportation and communication technology that make it easier for people to move from one country to another. The movement of people from one country to another has been taken advantage of by criminals in an attempt to escape punishment, such as the case of Adrian Kiki Ariawan who fled to Australia. Therefore, international cooperation is needed through the involvement of Extradition and ICPO-Interpol.Purposes of the Research: To analyze and review the implementation of the extradition treaty between Indonesia and Australia. And to analyze and study the position of ICPO-Interpol in the extradition treaty between Indonesia and Australia.Results of the Research: This research uses normative juridical research with the legal materials used in the research are primary, secondary and tertiary data using library study techniques in the form of Law No.1 of 1979 on Extradition, scientific papers and literature.

Perlindungan Hukum Bagi IDPs (Internally Displaced Persons) di Suriah dalam Perspektif Hukum Pengungsi Internasional Tania Valeria Leimena; Josina Augustina Yvonne Wattimena; Richard Marsilio Waas
TATOHI: Jurnal Ilmu Hukum Vol. 1 No. 4 (2021): Volume 1 Nomor 4, Juni 2021
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v1i4.605

Introduction: Declaration of Human Rights and Guiding on Internal Displacement which are the rights that have been regulated for IDPs (Internally Displaced Persons) in Syria.Purposes of the Research: The purpose of this article is to find out about the arrangements and forms of legal protection for IDPs (Internally Displaced Persons), especially women and children who experience sexual abused in Syrian conflict.Methods of the Research: The type of research used is normative juridical research or literature law research with descriptive-analytical documents obtained by normative juridical research then analyzed and conclusions drawn, and uses three approaches including the statutory approaches, case approaches, and conseptual approaches.Results of the Research: The results showed that Regulations regarding IDPs in the perspective of International Refugee Law have been regulated, the UN has established an arrangement, namely the Guiding Principles on Internal Displacement, however, this principle is soft law. Over time, the ICGLR established special protocols for IDPs such as The Protocol on the Protection and Assistance to Internally Displaced Persons, The Protocol on the Property Rights of Returning Person, and the Protocol on the Prevention and Suppression of Sexual Violence Against Women and Children. Forms of legal protection for IDPs in Syria in the perspective of International Refugee Law, namely the Legal Position in regulating internal refugees, and fulfilling the rights and obligations of Syrian refugees required in handling refugees by implementing the rules in regulated principles and protocols Given that until now, protection for IDPs has not been handled properly in terms of assistance services, health, education, legal protection, placement and provision of decent work.

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, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v1i2.550

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.

Perlindungan Hukum Terhadap Warga Negara Keturunan Asia Dari Tindakan Diskriminasi Rasial Di Masa Pandemi Covid 19 Fikryansha Tuah; Arman Anwar; Richard Marsilio Waas
TATOHI: Jurnal Ilmu Hukum Vol. 2 No. 6 (2022): Volume 2 Nomor 6, Agustus 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i6.1120

Introduction: The 2019 coronavirus (COVID-19) pandemic has exposed social and political rifts in society, the emergence of racial and discriminatory responses to fear, which disproportionately affects marginalized groups especially those of Asian descent in America and Europe.Purposes of the Research: To study and find out the protection of international law for citizens of Asian descent during the covid 19 pandemic based on the international convetion on the elimination of all form of racial discrimination 1965, and to examine and know the state’s responsibility for acts of racial discrimination for citizens of Asian descent america during the covid 19 pandemic.Methods of the Research: The research method uses normative juridical law research, with primary and secondary legal materials as sources of law. The problem approach used is a conceptual approach. The case approach, and the statute approach. Furthermore, it was analyzed qualitatively.Results of the Research: The results show that the Covid 19 pandemic has increased hate crimes against Asians. The spike in hatred increased because Asians were blamed for the occurrence of Covid 19, which was first identified in Wuhan, China 2019. Protection against acts of racial and ethnic discrimination regulated in the International Convention of the Elimination of All Forms of Racial Discrimination (ICERD) is the elimination of discrimination that must be done immediately and in all its forms and manifestations, including the prevention and eradication of racist doctrines and practices, to promote mutual understanding between races and to build an international community free from all forms of racial exclusion and racial discrimination. States parties undertake to provide, through competent national courts and other national institutions, effective protection and remedies for everyone within their jurisdiction from racial discrimination in violation of the present Covenant, and to fulfill or satisfy the Right to compensation for all form of loss suffered as a result of such discriminatory treatment. States parties are obliged to take all appropriate steps to develop policies as soon as possible to eliminate all forms of racial discrimination and promote understanding between races.

Pemindahan Penduduk Secara Paksa Dalam Konflik Bersenjata Di Filipina Dan Akibat Hukumnya Menurut Hukum Humaniter Internasional Dio Boy Tetelepta; Arman Anwar; Richard Marsilio Waas
TATOHI: Jurnal Ilmu Hukum Vol. 2 No. 10 (2022): Volume 2 Nomor 10, Desember 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i10.1438

Introduction: Population transfer or displacement is the movement of a large group of people from one area to another, In armed conflict it is often a form of forced migration carried out by state policy or international authorities and most often on ethnic or religious grounds.Purposes of the Research: The purpose of this study is to determine and analyze the regulations prohibiting the forcible transfer of civilians in International Humanitarian Law. To know and analyze the legal impact of forcible transfer of civilians in International Humanitarian Law. Methods of the Research: The research method used in this research is normative juridical. This type of research is descriptive analytical. The sources and legal materials used are primary legal materials, secondary legal materials and tertiary legal materials. The technique of collecting legal materials through literature studies which are then processed and analyzed qualitatively.Results of the Research: The results show that the transfer of civilians in armed conflict to be used as hostages or for the purpose of winning the war at the expense of the civilian population as a living shield is a form of forced migration that is prohibited either by expulsion or other coercive actions from the area where they live without being given a reason permitted by international law. The word coercion here is not limited to physical coercion, but can include threats of violence or psychological pressure (8 paragraph (2) letters (a) and (b) of the Rome Statute and Geneva Convention IV on the Protection of Civilian Persons in Time of War). Forced population transfer or migration carried out by the Moro National Liberation Front (MNLF) to make civilians as hostages and shields in the non-international armed conflict in the Philippines.

Penguasaan Wilayah Dengan Cara Konflik Bersenjata, Perspektif Hukum Internasional Ritsky Mendo Lisapasly; Josina Augustina Yvonne Wattimena; Richard Marsilio Waas
TATOHI: Jurnal Ilmu Hukum Vol. 2 No. 8 (2022): Volume 2 Nomor 8, Oktober 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i8.1427

Introduction: This study discusses the case of territorial control by means of armed conflict.Purposes of the Research: to Analyze and Know About How To Acquire Territory Under International Law and To Analyze And Know About Territorial Control By Way Of Armed Conflict According To International Law. Methods of the Research: This research is a normative research. The approach used is a statutory approach. The legal sources used are primary legal materials, secondary legal materials and tertiary legal materials. Done by analyzing data qualitatively that is descriptive.Results of the Research: The results of this study indicate that there is territorial control by means of armed conflict, from the perspective of international law (Taliban Case in Afghanistan).

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