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All Journal TATOHI: Jurnal Ilmu Hukum SASI
Richard Marsilio Waas
Fakultas Hukum Universitas Pattimura, Ambon
Law, Crime, Criminology & Criminal Justice

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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 Pattimura University

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

Abstract

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).
Perlindungan Penduduk Sipil Dari Kelompok Kriminal Bersenjata Di Provinsi Papua Ditinjau Dari Hukum Humaniter Internasional Chrisdian Balandina Hitipeuw; Marthinus Kainama; Richard Marsilio Waas
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.v2i11.1446

Abstract

Introduction: Civil protection in Papua Province from Armed Criminal Groups (KKB) must be a serious concern, considering the cruel actions carried out by the KKB starting from shootings, persecution, arson and various other forms of crime that have caused casualties and property that have continued since to year.Purposes of the Research: to know the regulation of non-international armed conflict and how to protect the civilian population from KKB in Papua Province. Methods of the Research: This legal research, the author uses normative research. That is, a study that primarily examines positive legal provisions, legal principles, and legal doctrines to answer legal questions faced.Results of the Research: The results show that the regulation of non-international armed conflicts can be found in the Geneva Convention of 1949 article 3 regarding armed conflicts that are not international in nature in which one of the major participants is required to comply with the provisions regarding protected persons in the event that they are not actively engaged in hostilities. Furthermore, regarding the protection of the civilian population in Papua Province based on a review of humanitarian law so far it cannot be applied, because the conflict conditions in Papua Province cannot yet be categorized as non-international conflicts, but are classified as situations of domestic security disturbances or internal disturbances and tensions. Thus national law and international human rights law apply.
Zona Netral Dan Akibat Hukum Menurut Hukum Internasional Aldo Aldo; Josina Augustina Yvonne Wattimena; Richard Marsilio Waas
TATOHI: Jurnal Ilmu Hukum Vol 3, No 1 (2023): Volume 3 Nomor 1, Maret 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i1.1547

Abstract

Introduction: The border zone can also be viewed as neutral by the two countries that divide it. The territory of a country refers to the sovereignty, sovereign rights, and control of a country over its territory in real terms.Purposes of the Research: The research method used is normative juridical, namely the approach taken by studying existing library materials. The problem approach used is the law approach, the concept approach, and the case approach. The collection of legal materials through literature study and analyzed using normative qualitative analysis techniques. Methods of the Research: The research method used is normative juridical, namely the approach taken by studying existing library materials. The problem approach used is the law approach, the concept approach, and the case approach. The collection of legal materials through literature study and analyzed using normative qualitative analysis techniques.Results of the Research: This research shows that this zone exists to prevent a ceasefire. Countries in this zone have agreed to limit their influence in the zone. That relations with other members of the international community and regulates everything that happens or occurs outside its territorial boundaries as long as it is related to the interests of that country. Indonesia's land and sea border areas are claimed to have essential values in maintaining state sovereignty, based on Law Number 3 of 2002 concerning National Defense. This is based on Article 2 of the United Nations Charter paragraph (1), which states that international relations are founded on equality and freedom. Relations According to Article 2 paragraph (4), the government may not use force against the territorial integrity or political independence of other countries when conducting international affairs.
Perlindungan Hak Asasi Manusia Pekerja Migran Di Qatar Terhadap Sistem Kafala Berdasarkan Konvensi International Labour Organization Nomor 143 Tahun 1975 Tentang Pekerja Migran Azarya Gerry Likumahua; Arman Anwar; Richard Marsilio Waas
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.v3i4.1796

Abstract

Introduction: Migrant workers have human rights that must be respected and protected.Purposes of the Research:  This paper aims to find out and analyze the regulations on the protection of the human rights of migrant workers in terms of ILO Convention Number 143 of 1975 concerning migrant workers and to find out and analyze the kafala system in Qatar contrary to ILO Convention Number 143 of 1975 concerning migrant workers.Methods of the Research: The method used is a normative juridical research method using a case approach and a statutory approachResults of the Research: The results of the study show that the ILO Convention 143 of 1975 concerning Migrant Workers has guaranteed the respect and protection of the human rights of migrant workers, while the Kafala system is based on the Qatar Constitution which is based on Islamic sharia law where the legal relationship between the employer (insurer) and the worker (insured) must be mutually agreed upon. in the contract (agreement) in the principle of trust (sponsorship) imbued with the spirit of religiosity, but in practice its implementation has been misused by employers and companies for the benefit of their personal gain so that they are no longer trustworthy in carrying out their responsibilities as stipulated in the Kafalah system. The Kafala system needs to be reviewed and evaluated by the Government of Qatar so that in its application it is no longer misused. Meanwhile, the ILO needs to provide a firm response to the occurrence of human rights violations of migrant workers in Qatar so that they do not happen again in the future.
Intervensi Republik Vanuatu Dalam Persoalan Papua, Perspektif Hukum Internasional Andi M Anshari Yusri; Lucia Charlota Octovina Tahamata; Richard Marsilio Waas
TATOHI: Jurnal Ilmu Hukum Vol 3, No 5 (2023): Volume 3 Nomor 5, Juli 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i5.1804

Abstract

Introduction: The principle of Non-Intervention as a form of recognition of international law. Starting from the principle of Non-Intervention in 2016, one of the countries in the Pacific Ocean, the Republic of Vanuatu for the first time raised the issue of human rights violations in Papua Province at the UN General Assembly.Purposes of the Research: This writing aims to understand and find out the regulations regarding the intervention of the republic of Vanuatu in the province of Papua, from an international legal perspectiveMethods of the Research: The research method used is a normative juridical research method as well as sources of legal materials which include legal materials, primary, secondary legal materials and tertiary legal materials. The collection of legal materials is done through literature study and analysis.Results of the Research: The results of this study explain that the regulation of intervention in international legal instruments has been strictly and precisely regulated in international law. This is contained in the provisions of the United Nations Charter, namely in article 2 paragraph (7) which explains that every country in conducting international relations is prohibited from intervening in the domestic affairs of other countries. In the United Nations Charter article 2 paragraph (7) the intervention carried out by the State of Vanuatu is an attitude and statement that is not justified in international law because it is contrary to the principles of international law.
Akibat Hukum Dilibatkannya Penduduk Sipil Dalam Konflik Bersenjata Antara Milisi Dan Tentara Pemerintah Ervin Septory; Johanis Steny Franco Peilouw; Richard Marsilio Waas
TATOHI: Jurnal Ilmu Hukum Vol 3, No 7 (2023): Volume 3 Nomor 7, September 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i7.1848

Abstract

Introduction: The relationship between people or groups of people incorporated in a different nationality or state of the community can be an indirect or official relationship undertaken by state officials that hold negotiations on behalf of the state and inaugurated the approval achieved in such an official inter-state agreement.Purposes of the Research: to know and understand the legal consequences of the civilian population involvement in armed conflict between militias and government soldiers.Methods of the Research: Based on the problems studied, this researcher uses a type of "Normative Juridical" research, namely research on legal rules, norms, and principles related to the problem being studiedResults of the Research: The results of this study explain that the regulation of the civilian population in the armed conflict is the most important in the case between militia and government army according to international law and international humanitarian law, armed conflict is a conflict to be enforced in human rights (human rights). As the form of legal efforts on the involvement of civilians in the armed conflict between militia and government army clearly raises the terms of the rules that apply to the main factor because the case occurred in the Ethopia state involving civilians in armed conflicts is an action that must be attempted to effectively in the congestion to address the problems or cases that occur in Ethopia as well as the armed conflicts have a huge impact of losses for the two parties who are bathed.
Hak Atas Informasi, Edukasi Dan Pelayanan Kesehatan Terhadap Masyarakat Adat Di Maluku Selama Pandemi Covid-19 Arman Anwar; Richard Marsilio Waas
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.v27i2.454

Abstract

The main objective of this research is to determine the fulfillment of the right to information, education and health services to indigenous peoples carried out by the Maluku Provincial Government and the relationship patterns that need to be built through the Maluku Provincial Government's public policies towards indigenous peoples so that dynamic interactions can be established in an effort to accelerate the spread of the virus. Covid 19 at the local level. The research was conducted using the Social Legal Research method. Approach the problem using a statutory approach, and concepts. The results of this study found that the Maluku Provincial Government has carried out its responsibilities in fulfilling the right to information, education and health services to indigenous peoples, but it is still not optimal. Likewise, a public policy framework that favors the interests of indigenous peoples as a form of protection for the vulnerability of indigenous peoples from the dangers of the spread of the Covid-19 virus is also not optimal. The Maluku Provincial Government needs to formulate a formulation of a public policy framework that is oriented towards the goal of fulfilling the basic rights of indigenous peoples during the Covid-19 pandemic. The vulnerability of indigenous peoples needs to be protected with the political will of the Maluku Provincial government through budget politics, preparation of human and material resources and infrastructure that supports performance achievement in fulfilling the right to information, education and health services to indigenous peoples at the local level.
Co-Authors Aldo Aldo Andi M Anshari Yusri Arman Anwar Azarya Gerry Likumahua Billy Diego Arli Papilaya Chrisdian Balandina Hitipeuw Christien Pristi Gresilo Putri Amanda Dio Boy Tetelepta Efie Baadilla Ervin Septory Fikryansha Tuah Jesica Martha Suripatty Johanis Steny Franco Peilouw Josina Augustina Yvonne Wattimena Kesya Meidy Lourens Lendry Hendrik Lucia Charlota Octovina Tahamata Maria Febronia Tawurutubun Marthinus Kainama Ritsky Mendo Lisapasly Tania Valeria Leimena Veriena Josepha Batseba Rehatta Wahyuni Boeng