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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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Pertanggung Jawaban Hukum Pelaku Trafficking In Person Berdasarkan Hukum Internasional Di Indonesia Gabrielle Valentia Putri Sahetapy; Efie Baadila; Josina Augustina Yvonne Wattimena
SANISA: Jurnal Kreativitas Mahasiswa Hukum Vol 2, No 1 (2022): Volume 2, Nomor 1, April 2022
Publisher : Faculty of Law Pattimura University

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Abstract

Introduction: Trafficking in persons is the act of recruiting, transporting, harboring, sending, transferring, or receiving a person by means of the threat of force, use of force, kidnapping, confinement, counterfeiting, fraud, abuse of power or a position of vulnerability, debt bondage or providing payments or benefits. , so as to obtain the consent of the person who has control over the other person, whether carried out within the country or between countries, for the purpose of exploitation or causing people to be exploited, which is a form of violation of Human Rights (HAM) which generally involves women and children. as a victim.Purposes of the Research:  This study aims to determine the regulation of trafficking in persons in international instruments and legal accountability for perpetrators of trafficking in persons based on international law.Methods of the Research: This research is a normative legal research using a law approach and a case approach. Sources of legal materials are primary legal materials, secondary legal materials and tertiary legal materials.Results of the Research:  The results of the study indicate that the regulation regarding the prohibition of trafficking in persons according to international law is regulated in the 2000 Palermo Convention, especially in Protocol II and implemented by Indonesia with Law no. 21 of 2007. From the data obtained, trafficking in persons is still widespread and has increased, among others, pressure from economic factors, low education levels, falsification of victim's identity documents. The practice of trafficking in persons is a violation of universal human rights to live free from all forms of slavery. The standard of protection and fulfillment of the rights of victims of trafficking must prioritize human rights, prevention, protection and assistance to victims. Effective action to prevent and fight the phenomenon of human trafficking as a transnational crime, especially for women and children, requires a transnational cooperation relationship, especially a comprehensive one in the countries of origin, transit and destination countries.
Penundukan Diri Suatu Negara Terhadap Keputusan Penunjukan Uskup Oleh Takhta Suci, Pespektif Hukum Internasional Yustinus Stevanus Yanubi; Josina Augustina Yvonne Wattimena; Johanis Steny Franco Peilouw
PAMALI: Pattimura Magister Law Review Vol 2, No 2 (2022): VOLUME 2 NOMOR 2, SEPTEMBER 2022
Publisher : Postgraduate Program in Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v2i2.841

Abstract

Introduction: The existence of the Holy See is recognized in the international community, especially in matters of religious spirituality to appoint bishops as part of its rights as subjects of international law.Purposes of the Research:  This study aims to find out how the existence of the Holy See as a subject of international law in confession by international community, and how the submission of a state in international law to the decision to appoint bishops by the Hole See.Methods of the Research: This study uses a normative legal research method, which aims to find out how the existence of the Holy See as a subject of international law in confession by international community, and how the submission of a state in international law to the decision to appoint bishops by the Hole See.Results / Findings / Novelty of the Research: The existence of the Holy See as a subject of international law is recognized through the recognition of states of the decision to appoint bishops by the Pope. The decision to appoint bishops by the Pope is basically capable of making states submit to themselves. This is reflected in various forms of recognition by states such as positive legal recognition, political recognition, and tacit recognition. In the context of the case with the Chinese government, it can be seen that China has made tacit recognition of the Pope’s authority in appointing bishops. So, that can be firmly said that the recognition is a respect for the rights of the Holy See in accordance with international law.
Pengaturan Perbatasan Di Laut Mediternia Antara Turki Dan Yunani Dalam United Convention Los 1982 June Mitchen Rumlaklak; Johanis Steny Franco Peilouw; Josina Augustina Yvonne Wattimena
TATOHI: Jurnal Ilmu Hukum Vol 2, No 5 (2022): Volume 2 Nomor 5, Juli 2022
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i5.1108

Abstract

Introductioan: The 1982 Convention on the Law of the Sea is the first and most comprehensive and comprehensive convention relating to the territorial sovereignty of a country over the use and use of marine natural resources.Purposes of the Research: This study aims to find out and understand about the border arrangements in the Mediterranean Sea between Turkey and Greece in Unclos 1982.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 results obtained are that maritime border arrangements are very important in cases of maritime border territorial disputes between Turkey and Greece according to international law, maritime boundaries are also a guarantee in the process of resolving cases between the two countries. This is expressly stipulated and regulated in the provisions of international law as international law regulates the state to have the authority to resolve and enforce maritime border disputes in the territory of the countries of Turkey and Greece. As well as the process of resolving conflicts over maritime border area disputes in Turkey and Greece, it is clear that there must be a settlement because this is the main factor to prevent maritime border territorial disputes from occurring, therefore it is necessary to take relative measures to resolve them in accordance with the provisions of the law. Applicable provision.
Tinjauan Hukum Hak Asasi Manusia Internasional Terhadap Extrajudicial Killing Morich Thenu; Josina Augustina Yvonne Wattimena; Johanis Steny Franco Peilouw
TATOHI: Jurnal Ilmu Hukum Vol 2, No 7 (2022): Volume 2 Nomor 7, September 2022
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i7.1127

Abstract

Introduction: This study discusses Extrajudicial Killing which is an act of extrajudicial killing carried out at the behest of the government or other powerful parties, and the authorities have not succeeded in in-depth investigation or arresting who is the mastermind of the murder.Purposes of the Research: To find out that extrajudicial killing violates international human rights law and international legal efforts to enforce human rights as a result of extrajudicial killing in the Philippines.Methods of the Research: This research method uses a normative legal research type and an analytical perspective research type using a statutory approach, a conceptual approach and a case approach.Results of the Research: The results of the study show that the Extrajudicial killing carried out by the President of the Philippines Rodrigo Duterte by killing people suspected of abusing narcotics has killed more than 5000 (five thousand) citizens is a violation of human rights and crimes against humanity. So that the act of killing can be qualified to violate international law and is included as a crime against humanity based on the 1998 Rome Statute because it fulfills the elements of crimes against humanity in accordance with Article 7 of the 1998 Rome Statute, namely the occurrence of widespread or systematic killings carried out by state officials.
Perlakuan Terhadap Anak-Anak Indigenous People Dan Tanggung Jawab Negara Margareta Rahalus; Josina Augustina Yvonne Wattimena; Irma Halimah Hanafi
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.v2i9.1429

Abstract

Introduction: Indigenous peoples continue to face threats to their sovereignty, the sovereignty that is meant is centered on how the state positions indigenous peoples into national policies, by imposing values on indigenous peoples.Purposes of the Research: To examine and find out whether the treatment of Indigenous People's children in Canada violates the provisions of International Law and to find out how the state's responsibility for the human rights of Indigenous People's children is. Methods of the Research: This research is a normative juridical law research, with primary and secondary legal materials as a source of law by using the nature of prescriptive research that aims to obtain suggestions on what to do.Results of the Research: The results of the study show that the treatment of children of indigenous people in Canada violates the provisions of international law, where indigenous children receive treatment from the state in the form of violence or coercion which is contrary to human rights and fundamental freedoms regulated in the ILO (International Labor Organization) Conventions. UNDRIP Declaration (United Nation Declaration of Rights on the Indigenous Peoples), United Nations Convention on the Rights of the Child, then on the International Covenant on Civil and Political Rights) and also to the International Covenant on Economic, Social and Cultural Rights.
Pengelolaan Sumber Daya Alam dan Akibat Hukum Bagi Lingkungan Hidup Perspektif Hukum Lingkungan Internasional Adjeng C M Tethool; Josina Augustina Yvonne Wattimena; Marthinus Kainama
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.v2i10.1437

Abstract

Introduction: Management of natural resources that is not in accordance with international problems such as air pollution. Pollution that occurs in the air environment due to forest fires that occurred in Indonesia, especially in 2019 in Riau Province, is not in line with the principles of international environmental law.Purposes of the Research: The purpose of this research is to analyze and find out about the prevention of air pollution and the legal consequences of managing natural resources that pollute the air environment based on international environmental law. 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: I The results of this study that the management of natural resources is carried out not in accordance with the principles of international law, causing air pollution which has a negative impact on the State of Indonesia and also for the State of Malaysia, Singapore. From this research, it is also not allowed to take preventive action through supervision carried out through the government of the State of Indonesia.
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).
Pengujian Nuklir (Rudal Balistik) Oleh Korea Utara Menurut Perspektif Hukum Internasional Putri Anggineysia Bangsa; Josina Augustina Yvonne Wattimena; Johanis Steny Franco Peilouw
TATOHI: Jurnal Ilmu Hukum Vol 2, No 12 (2023): Volume 2 Nomor 12, Februari 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i12.1455

Abstract

Introduction: The nuclear tests (ballistic missiles) carried out by that country are in fact contrary to a number of international legal instruments.Purposes of the Research: To know and understand the regulations regarding nuclear (ballistic missiles) in international law and to see in general that North Korea's nuclear test (ballistic missiles) actions are contrary to international law. Methods of the Research: This study uses a normative juridical research type with a descriptive analysis type of research which in the problem approach uses a law, conceptual and case approach with primary, secondary and tertiary legal materials which are then used qualitative analysis techniques.Results of the Research: The act of nuclear testing (ballistic missiles) is actually a form that is not prohibited under international law. However, the intended nuclear test is not carried out arbitrarily but must be in accordance with the instrument or basis for the testing arrangement. Tracing and analyzing the testing actions carried out by North Korea turned out to be contrary to international law where based on every resolution sanctioned by the United Nations Security Council, they wanted to be part of a series of contradictory actions. Apart from that, based on the 1945 United Nations Charter and the 1968 Treaty on the Non-Proliferation of Nuclear Weapons in article VI, it also provides a description of the actions by the North Korean State which indeed violate international law.
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

Abstract

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.
Konsep Hukum Kerjasama Internasional dalam Menghadapi Penyelundupan Senjata Api di Wilayah Perbatasan Nahria Fahrani Abidin; Johanis Steny Franco Peilouw; Josina Augustina Yvonne Wattimena
Balobe Law Journal Volume 3 Issue 1, April 2023
Publisher : Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/balobe.v3i1.1511

Abstract

Introduction: The prohibition of firearms smuggling in the Palermo convention and its additional protocols is in fact in stark contrast to the fact that firearms smuggling continues to be carried out in the border areas of Southeast Asian countries.Purposes of the Research:  This study aims to find out what are the factors that cause firearms smuggling in border areas, and how the legal concept of international cooperation is in dealing with firearms smuggling in border areas.Methods of the Research: This study uses normative legal research methods, which aims to find out what are the factors that cause firearms smuggling in border areas, and how the legal concept of international cooperation is in dealing with firearms smuggling in border areas.Results of the Research: The cause of the smuggling of firearms in the border region is caused by the activities of terrorist groups in the Southeast Asian region. The activities of these terrorist groups stimulate the emergence of conflicts in border areas, resulting in an increase in the need for weapons transfers which lead to smuggling activities. The fact is that the need for weapons transfer by smuggling also involves countries affected by conflict. In practice, both the state and terrorist groups tend to smuggle firearms because they are more affordable financially and also have a steady market with higher levels of supply. The legal concept of international cooperation that can be offered in dealing with smuggling of firearms in this border region is by using international cooperation between countries using the Mutual Legal Assistance mechanism established according to the 2000 Palermo Convention. The concept of cooperation between countries must be supported by increasing human resource capacity and legal coordination between ASEAN member countries.
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