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All Journal TATOHI: Jurnal Ilmu Hukum PAMALI: Pattimura Magister Law Review Balobe Law Journal SANISA: Jurnal Kreativitas Mahasiswa Hukum SASI
Josina Augustina Yvonne Wattimena
Fakultas Hukum Universitas Pattimura, Ambon
Law, Crime, Criminology & Criminal Justice

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Intervensi Kemanusiaan Dewan Keamanan Perserikatan Bangsa-Bangsa Terhadap Tindakan Pelanggaran Hak Asasi Manusia Di Myanmar Halfiandara Alfazr Afifudin; Josina Augustina Yvonne Wattimena; Irma Halimah Hanafi
TATOHI: Jurnal Ilmu Hukum Vol 2, No 3 (2022): Volume 2 Nomor 3, Mei 2022
Publisher : Faculty of Law Pattimura University

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Introduction: Human rights violations committed by the Burmese Buddhist junta government, supported by the Myanmar government and even the military junta formed an anti-Islam movement among the Rakhine Buddhist community and the population of Myanmar.Purposes of the Research: This study aims to find out and understand about the United Nations Security Council's Humanitarian Intervention Against Human Rights Violations in Myanmar that can be justified according to international law. The Legal Impact of the UN Security Council's Humanitarian Intervention on the Actions of Criminals in Myanmar. Methods of the Research: The research method in this study is a normative legal research, using a law approach and a conceptual approach. Sources of research data include primary, secondary, tertiary legal sources. Data collection techniques in the form of literature study. Processing and analysis of legal materials used in writing is using qualitative analysis method.Results of the Research: The result obtained is that the UN Security Council's humanitarian intervention against acts of human rights violations in Myanmar can be justified in accordance with international law, because the UN Security Council's intervention is expected to resolve the problems in Myanmar, namely the conflict between the Rohingya (Muslim) and Rakhine (Buddhist) ethnicities which caused Rohingya ethnic groups have received unfair treatment from the Myanmar administration and military junta who have committed acts of human rights violations against the Rohingya, such as refusing to grant citizenship status, expulsion, torture, killing, and illegal detention.
Perlindungan Hukum Terhadap Tenaga Kerja Indonesia Yang Mengalami Human Trafficking Iskandar Gafur Tuasikal; Josina Augustina Yvonne Wattimena; Veriana Josepha Rehatta
TATOHI: Jurnal Ilmu Hukum Vol 2, No 2 (2022): Volume 2 Nomor 2, April 2022
Publisher : Faculty of Law Pattimura University

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Introduction: Human Trafficking is a form of transnational crime. In 2018 the Police Headquarters of the Republic of Indonesia revealed that there were at least 1,200 (one thousand two hundred) people who were victims of trafficking in persons from Indonesia who were ready to be sent to the Middle East.Purposes of the Research: This writing aims to find out and examine forms of protection for Indonesian workers who experience human trafficking. Methods of the Research: The type of legal research carried out is normative juridical, with sources of legal material in the form of primary and secondary legal materials. The problem approach is a statutory approach, a conceptual approach and a case approach. The procedure for collecting legal materials is done by first collecting primary legal materials and then linking them with secondary legal materials. The processing and analysis of legal materials is described qualitatively.Results of the Research: The principle of earlier forms of protection talks about legal liability, with reference to the general principle in which protection for Indonesian workers is prioritized on two things, namely protection and prevention. As for protection and prevention, it is more to the preventive aspect, while the repressive concept is more to strict rules.
Putusan Permanen Court Of Arbitration Dalam Sengketa Antara Philipina-China Dan Implikasinya Bagi Stabilitas Keamanan Di Laut China Selatan Yavier Pattiasina; Josina Augustina Yvonne Wattimena; Johanis Steny Franco Peilouw
TATOHI: Jurnal Ilmu Hukum Vol 2, No 1 (2022): Volume 2 Nomor 1, Maret 2022
Publisher : Faculty of Law Pattimura University

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Introduction: The Permanent Court of Arbitration (PCA) clarifies China's claim regarding historic rights in relation to maritime areas in the South China Sea which are claimed using the nine-dash line, which is contrary to the 1982 Law of the Sea Convention because in 2016 it was contrary to the 1982 Law of the Sea Convention because in 2016 the Permanent Court of Arbitration (PCA) has declared that the area(Reed Bank) is within the Philippine Exclusive Economic Zone.Purposes of the Research: This writing aims to understand and determine the nature of the decision of the permanent court of arbitration in the dispute between the Philippines-China in the South China Sea. Methods of the Research: The research method in this paper uses a prescriptive analytical 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 result obtained is that the decision of the Permanent Court of Arbitration (PCA) is final and binding, meaning it must be respected and obeyed by the parties to the dispute, therefore China's argument regarding the nine dash line is an international violation because it does not respect the Permanent Court of Arbitration (PCA) as a the institution that handles the dispute has issued a decision. The implication of the decision of the Permanent Court of Arbitration (PCA) for security stability in the South China Sea is that the PCA decision related to the SCS dispute is a clarification or interpretation of the PCA against the 1982 Law of the Sea Convention so that it can become a source of law that is generally accepted or binding on all countries. The PCA decision can be used as a means to weaken China's argument.
Urgensi Diratifikasinya Konvensi 1951 Tentang Pengungsi Perspektif Hukum Keimigrasian Tirza Siahaya; Josina Augustina Yvonne Wattimena; Johanis Steny Franco Peilouw
TATOHI: Jurnal Ilmu Hukum Vol 1, No 11 (2022): Volume 1 Nomor 11, Januari 2022
Publisher : Faculty of Law Pattimura University

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Introduction: Indonesia does not have any interest in relation to refugees because it has not become a party to the 1951 Convention and the 1967 Protocol. Therefore, the Indonesian government also does not have the authority to grant refugee status. so that the arrangement of problems regarding refugees is determined by the United Nations High Commissioner for Refugees (UNHCR), the UN agency which deals with refugee matters in accordance with the mandate it received under the UNHCR Statute of 1950.Purposes of the Research: The purpose of this study is the Urgency of Indonesia to ratify the Convention so that Indonesia has no difficulty dealing with refugees and there are clear and optimal rules regarding refugee issues. Methods of the Research: The research method used is juridical normative, the type of research is descriptive analytical, the source of the legal materials used are primary legal materials, secondary legal materials, and tertiary materials. The technique of collecting legal materials through literature study and then analyzed using qualitative methods.Results of the Research: Based on the results of the study, it was concluded that the urgency of Indonesia to ratify the Convention so that Indonesia would not have difficulty dealing with refugees and that there were clear and optimal rules regarding refugee issues because so far the issue of refugees was not regulated in the Immigration Act but only regulates immigrants. However, it indirectly regulates refugees. Therefore, the rules applied to refugees in Indonesia to date are Law Number 6 of 2011 concerning Immigration, but do not contain specific handling and provisions (lex specialis). So that refugees who enter Indonesian territory are treated with the same mechanism as legal immigrants who are accommodated in the Migration Detention Center (RUDENIM) whose facilities are classified as inadequate, of course this can cause psychological pressure for refugees, especially since Indonesia has ratified the UDHR. The next thing is that they are deported and even repatriated, of course this violates the principles contained in the 1951 Convention, where the legal protection for refugees by the Indonesian government uses the principles contained in the 1951 Convention. So indirectly Indonesia has followed the provisions of the 1951 Convention. Therefore, it is not allowed if there are refugees who are returned to their countries of origin.
Konflik Pemanfaatan Sumber Daya Perikanan Antara Indonesia Dan China Di Laut Natuna Daniel Nazareth Soplera; Josina Augustina Yvonne Wattimena
TATOHI: Jurnal Ilmu Hukum Vol 1, No 9 (2021): Volume 1 Nomor 9, November 2021
Publisher : Faculty of Law Pattimura University

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Introduction: This study discusses the conflict in the use of fishery resources between Indonesia and China in the Natuna sea.Purposes of the Research: To show the provisions of the international legal area regarding the boundaries of the exclusive economic zone in the Natuna islands belonging to Indonesia which china claims as its own.Methods of the Research: This research uses the notmative legal research method which is carried out by examining legal materials related to the problem being studied.Results of the Research: The results of the study show that the conflict in the use of fisheries resources between Indonesia and China in the Natuna sea which is claimed by China based on the nine-dash line and traditional fishing ground is an unfounded reason. Because, in 1982 UNCLOS did not recognize the nine-dash line and the traditional fishing ground. Thas’s why Indonesia does a persistent objection through a diplomatic note, if Indonesia is considered to have complied with the nine-dash line and traditional fishing ground rules declared by china.
Pemenuhan Hak Atas Pangan Dalam Masa Pandemi Covid-19 Berdasarkan ICESCR Serta Implikasi Hukumnya Di Maluku Christenia Gladysthea Arvita Andries; Josina Augustina Yvonne Wattimena; Lucia Charlota Octovina Tahamata
TATOHI: Jurnal Ilmu Hukum Vol 1, No 5 (2021): Volume 1 Nomor 5, Juli 2021
Publisher : Faculty of Law Pattimura University

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Introduction: The fulfillment of food rights is contained in the legal instruments of the International Covenant of Economic, Social and Cultural Rights (ICESCR) which has been ratified into Law No. 11 of 2005 concerning the Ratification of the Covenant on Economic, Social and Cultural Rights.Purposes of the Research: To review and analyze the fulfillment of food rights during the covid-19 pandemic based on ICESCR and its legal implications in Maluku.Methods of the Research: The research method used is normative juridical. The problem approach used is conceptual approach, and statutory approach, the source of legal materials used is the source of primary and secondary legal materials. Collection techniques through literature studies and then analyzed through a description method using qualitative methods.Results of the Research: The legal implications of fulfilling food rights in Maluku during the covid-19 pandemic have not been properly met due to the policy of restricting social movements that resulted in the traffic of sea transportation between islands in Maluku is hampered so that people have difficulty addressing basic food needs. National food sufficiency does not guarantee that all communities get the food they need. Found five aspects that are quite influential to the problem of food availability. among others, the increasing population, declining food production and productivity, the occurrence of climate change, conservation of agricultural land and still high proportion of lost yields in the production process, handling of crops and processing. Then, food distribution problems include, distribution systems that have not been well organized, land and inter-island distribution infrastructure that is not adequate, while for food consumption problems that are not diverse and nutritious enough balanced.  And when a violations of covenant obligations in the fulfillment of food for the community then it can be prosecuted as stipulated in the principles limbur.
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 Pattimura University

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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.
Urgensi Pengaturan Private Military Contractors (PMCs) Dalam Hukum Humaniter Internasional Elvira Liminanto; Josina Augustina Yvonne Wattimena; Johanis Steny Franco Peilouw
TATOHI: Jurnal Ilmu Hukum Vol 1, No 3 (2021): Volume 1 Nomor 3, Mei 2021
Publisher : Faculty of Law Pattimura University

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Introduction: Private Military Contractors (PMCs) are private companies engaged in providing professional security and military services for profit. The involvement of its members in armed conflicts often results in unclear status in international humanitarian law, many assume that the PMC is the same as mercenaries. So we need in-depth analysis to distinguish the status of the two.Purposes of the Research: To analyze the working time has been regulated in International Humanitarian Law, and the position of Private Military Contractors (PMCs) in International Humanitarian Law.Methods of the Research: The method used is normative legal research. The research approach is a statutory approach and a conceptual approach. Sources of legal materials used are primary legal materials, secondary legal materials, and tertiary legal materials. The technique of collecting legal materials is through literature study and then analyzed through a perspective using qualitative methods.Results of the Research: The results showed that the regulation on mercenaries explicitly existed only in Additional Protocol I of 1977. However, in fact, provisions that resemble mercenaries have been regulated in the 1907 Hague Convention and regulated in Geneva Convention III 1949 in this convention the term mercenary has been included. (Mercenary). The unclear legal status of PMCs members, especially when working in situations of armed conflict, puts them in a gray area which has the potential to cause debate about their presence in an armed conflict which also impacts the protection of their human rights. So far, many parties have identified members of Private Military Contractors (PMCs) with mercenaries, so that a stigma has emerged that calls them "reincarnations" of mercenaries (mercenaries / soldier of fortune / dogs of war). However, the concept of mercenaries as contained in Article 47 of Additional Protocol II 1977 cannot be applied optimally to PMCs, especially to determine their legal status when serving in situations of armed conflict.
Tanggungjawab Negara Bendera Kapal Terhadap Perbudakan ABK Indonesia Ahriani Ahriani; Josina Augustina Yvonne Wattimena; Arman Anwar
TATOHI: Jurnal Ilmu Hukum Vol 1, No 2 (2021): Volume 1 Nomor 2, April 2021
Publisher : Faculty of Law Pattimura University

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Introduction: Until now, there are still many cases of crew members who receive inhuman treatment and even include slavery, apart from receiving inhuman treatment, the crew members also do not get a salary in accordance with the work agreement. Slavery is a gross human rights violation because it undermines human dignity. Based on the facts of migrant workers, especially Indonesian crew members, it shows that the treatment received by Indonesian crew members is not in accordance with the provisions of international conventions and Indonesian national regulations.Purposes of the Research: This paper aims to find out how international law regulates the prohibition of slavery on ships and the responsibility of the flag state of ships in cases of Indonesian crew slavery.Methods of the Research: The method used in this research is the type of normative juridical research method, the type of descriptive analytical research, the source of legal materials, namely primary legal materials, secondary legal materials and tertiary legal materials. Legal Material Analysis and Legal Material Analysis Methods.Results of the Research: The results obtained are that basically international law has regulated and provided legal protection for ABK. International legal arrangements regarding the prohibition of slavery on board are contained in the international legal instruments CAT (Convention against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment), CERD (International Convention on the Elimination of All Forms of Racial Discrimination), UDHR (Universal Declaration of Human Rights), and ILO (International Labor Organization). The responsibility of the flag state of the ship in the case of Indonesian crew slavery. that any problem arising from a ship with the flag of its State, the country concerned is obliged to effectively exercise its jurisdiction and control, investigate and carry out inspection of the vessel concerned In the case of slavery for Indonesian crew members, which involves the State of Indonesia and China, the two countries must cooperate in examining the case, in this case the slavery case that occurred against Indonesian crew members.
Eksplorasi Minyak Republik Rakyat Tiongkok (RRT) Di Reed Bank Dan Dampaknya Bagi Kedaulatan Filipina Mioldry Evilyn Saleky; Josina Augustina Yvonne Wattimena; Dyah Ridhul Airin Daties
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: Oil exploration carried out by the people’s Republic of china at the reed bank. China is based on the nine dash line, but the philippnes claims that the reed bank is its territory based on the UNCLOS 1982.Purposes of the Research: This paper aims to determine and analyze the impact of oli exploration in the reed bank with the sovereignty of the Philippines. Methods of the Research: The research method in this writing uses the type of analytical prescriptive research. 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 axplain that the impact of oil exploration in the reed bank by the RRT on the Philippines is not yet real yet, but with the action of oli exploration in the reed bank that continues to be carried out by the RRT, it will pose a threar to the sovereignty of the Philippines in the future.
Co-Authors Adjeng C M Tethool Ahriani Ahriani Aldo Aldo Arman Anwar Astuti Astuti Christa Delani Pelupessy Christenia Gladysthea Arvita Andries Daniel Nazareth Soplera Dyah Ridhul Airin Daties Efie Baadila Elvira Liminanto Erica Febrianti Felix Brayen Uruilal Figur Muhammad Ali Putra Nirwan Gabrielle Valentia Putri Sahetapy Halfiandara Alfazr Afifudin Halima Hanafi, Irma Iskandar Gafur Tuasikal Johanis Steny Franco Peilouw June Mitchen Rumlaklak Lucia Charlota Octovina Tahamata Margareta Rahalus Marthinus Kainama Mioldry Evilyn Saleky Morich Thenu Muhamad Ali Aqsa Haupea Nahria Fahrani Abidin Putri Anggineysia Bangsa Richard Marsilio Waas Ritsky Mendo Lisapasly Tania Valeria Leimena Tirza Siahaya Veriana Josepha Rehatta Vondaal Vidya Hattu Wilshen Leatemia Yavier Pattiasina Yustinus Stevanus Yanubi