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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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Pengaturan Mutual Legal Assistance Dalam Hukum Internasional (Kasus Konfederasi Swiss-Indonesia) Erica Febrianti; Josina Augustina Yvonne Wattimena; Dyah Ridhul Airin Daties
TATOHI: Jurnal Ilmu Hukum Vol 3, No 2 (2023): Volume 3 Nomor 2, April 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i2.1556

Abstract

Introduction: Indonesia conducted Mutual legal Assistance (MLA) Agreement negotiations with the Swiss Federation on February 4, 2019 in Bern, Switzerland. Due to the MLA agreement, this is one of the access rights to track the assets of corrupt people hiding in Switzerland.Purposes of the Research: This article aims to identify the provision of mutual legal assistance in international legal instruments and the position of mutual legal assistance between two countries as an international legal instrument for restitution of state property. Methods of the Research: The method used in this study is the legal research method, a type of descriptive analysis, the sources of legal documents are primary legal documents, secondary legal documents, and legal documents. tertiary legal documents. Analysis of legal documents and methods of analyzing legal documents.Results of the Research: The results of the study show that the position of MLA (Mutual Legal Assistance) between the Republic of Indonesia and Switzerland as one of the efforts to return state assets, it can be concluded that the mutual legal assistance agreement between the Republic of Indonesia and Switzerland has not been effective, because it does not regulate the application of asset returns and the concept of MLA (Mutual Legal Assistance) in the agreement is only to facilitate the exchange of information related to assets, but follow-up actions to seize the assets of the perpetrators of corruption are left to the country requesting assistance, and until now, the Indonesian government does not yet have a legal umbrella in the form of separate laws regarding returns assets resulting from criminal acts, both corruption and other serious crimes.
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.
Kedaulatan Negara Dalam Invasi Rusia Ke Ukraina Berdasarkan Hukum Internasional Muhamad Ali Aqsa Haupea; Josina Augustina Yvonne Wattimena; Arman Anwar
PAMALI: Pattimura Magister Law Review Vol 3, No 2 (2023): SEPTEMBER
Publisher : Postgraduate Program in Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v3i2.1351

Abstract

Introduction: Russia's invasion of Ukraine gave rise to mixed opinions in the international community regarding the concept of state sovereignty, both in theory and practice.Purposes of the Research:  The regulation of state sovereignty has experienced a conceptual shift according to international law and Russia's invasion of Ukraine has caused a shift in the concept of state sovereignty in international law.Methods of the Research: The research used is normative juridical, using an analytical perspective research type. The legal materials are primary, secondary and tertiary legal materials. The approaches used are the statutory approach, the conceptual approach and the case approach. The technique for collecting legal materials uses library research which is then analyzed qualitatively to answer the problems being studied.Results of the Research: The research results show that the concept of state sovereignty is experiencing changes and shifts in meaning according to developments over time. The revolutionary changes of the late 18th and 19th centuries gave rise to the concept of sovereignty which included the principle of equality of states and the principle of non-intervention in the internal affairs of other states as one of its important elements. Regarding the causes of Russia's invasion of Ukraine, it was influenced by various factors, including historical, political, economic, security and defense factors, as well as to protect pro-Russian separatist groups who wanted to separate themselves from Ukraine. Russia's invasion of Ukraine did not affect the shift in the concept of sovereignty as currently accepted by the international community in the modern ideology of sovereignty. On a theoretical and practical level, the will of the Russian state has great interests in carrying out actions that threaten peace, or violate peace by launching aggression against Ukraine as a sovereign state. Russia as a party to various international agreements has an obligation to respect international law where state sovereignty and equality between countries are recognized concepts and have become the basis of the international legal system
Urgensi Penetapan Air Defense Identification Zone Pada Kawasan Regional Astuti Astuti; Josina Augustina Yvonne Wattimena; Irma Halimah Hanafi
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.v3i5.1805

Abstract

Introduction: Air Defense Identification Zone (ADIZ) is a zone for identification purposes in the air defense system for a country, which according to international custom generally extends from the territorial area of a country to reach the air space above the free sea bordering the country.Purposes of the Research: to find out the setting of the Air Defense Identification Zone and what is the urgency of establishing the Air Defense Identification Zone in the regional area. The method used in writing this thesis is a normative research method. The legal materials used are primary, secondary and tertiary legal materials.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 obtained are that the regulation of the Air Defense Identification Zone (ADIZ) according to international law is, based on the provisions of the 1944 Chicago Convention, customary international law and also Article 51 of the United Nations Charter, furthermore with the stipulation of ADIZ in a regional area can be considered a defensive step. to provide advance notice of potential threats and efforts to improve flight safety in the region and provide benefits to national and international aviation safety.
Bentuk Pertanggungjawaban Pelanggaran Ham Terhadap Tawanan Perang Menurut Hukum Dan Ham Internasional Figur Muhammad Ali Putra Nirwan; Josina Augustina Yvonne Wattimena; Arman Anwar
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.v3i7.1849

Abstract

Introduction: The Syrian conflict was motivated by the Arab Spring, which was related to demonstrations and popular resistance in the Middle East and North Africa which ended with the fall of the ruling regimes in these regional countries.Purposes of the Research: The research method uses a normative juridical method. This type of research is descriptive analytical using primary, secondary and tertiary sources of legal materials where the collection of legal materials is carried out using library research. Furthermore, the analysis technique uses qualitative analysis, by identifying facts, eliminating irrelevant things, determining the issue and then concluding the results of the analysis according to the problem being studied.Methods of the Research: The research method uses a normative juridical method. This type of research is descriptive analytical using primary, secondary and tertiary sources of legal materials where the collection of legal materials is carried out using library research. Furthermore, the analysis technique uses qualitative analysis, by identifying facts, eliminating irrelevant things, determining the issue and then concluding the results of the analysis according to the problem being studied.Results of the Research:  Legal violations against prisoners of war based on international legal and human rights instruments according to the Geneva Convention III of 1949 (Geneva  Convention (III) Relative to the Treatment of Prisoners of Wat) and Additional Protocol I year 1977 (Protocol Additional to the Geneva Conventions of 12August 1949, and relating to the Protection of Victims of international Armed Conflicts) have the right to be treated with dignity and humanity, such as not being forced to provide information unless they know their identity. Their torture and cruel treatment is seen as a war crime. prisoners of war must be moved from dangerous areas to safe places. Their living conditions must be equivalent to those of members of the armed forces of the host nation. Accountability for legal violations against prisoners for serious human rights violations against prisoners of war legally basically refers to the principle of exhaustion of local remedies through the mechanism of a national court forum. The unwillingness and inability of countries suspected of committing serious violations of human rights to resolve the problem of these violations at the national level can underlie the emergence of the judicial competence of the International Criminal Court (ICC). War crimes and crimes against humanity in accordance with the Rome Statute (Article 5 paragraph (1).
Legalitas Hukum Internasional Tentang Pengakuan Negara–Negara Terhadap Konflik China Dan Taiwan Felix Brayen Uruilal; Josina Augustina Yvonne Wattimena; Lucia Charlota Octovina Tahamata
TATOHI: Jurnal Ilmu Hukum Vol 3, No 8 (2023): Volume 3 Nomor 8, Oktober 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i8.1858

Abstract

Introduction: The state sovereignty dispute between China and Taiwan Hostility also occurs between the authorities of China and Taiwan, which are the 23rd province of China but are administratively separated, which talks about the legality of international legal recognition.Purposes of the Research: This study aims to examine the status of Taiwan in the sovereignty of the State of China, as well as the legality of international law on the recognition of countries in the conflict between China and Taiwan.Methods of the Research: This research is a normative juridical research by means of research conducted by collecting primary, secondary, tertiary data obtained by using a literature study. The data that has been collected is analyzed qualitatively, the descriptions of which are arranged systematically based on discipline, legal science to achieve clarity on the issues to be discussed.Results of the Research: The status of Taiwan in the sovereignty of the State of China is the status quo where Taiwan does not have international sovereignty, is not de facto independent, Taiwan is a country because it already has a clear population, territory, area and government. However, de jure Taiwan has not yet been recognized as a country by the international community and the United Nations. The legality of international law in the case of China and Taiwan is a collection of laws which mostly consist of principles and rules that must be obeyed by countries. for that there must be a permanent recognition to be one of the concepts that determine the criteria of a state in international law which is contained in three opposing theories, namely Constitutive Theory, Declarative Theory, and Middle Way Theory. In this theory clearly get the legality of the problems that occur between China and Taiwan.
Ketahanan Pangan Masyarakat Adat Sebagai Wujud Pemenuhan Ham Dalam Masa Pandemi Covid-19 Josina Augustina Yvonne Wattimena; Vondaal Vidya Hattu
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.v27i2.448

Abstract

This study aims to analyze and determine the food security of indigenous peoples during the Covid 19 pandemic and the legal implications of food security for indigenous peoples that were not fulfilled during the Covid 19 pandemic. This type of juridical normative research uses literature review based on theory, doctrine and norms laws relating to the issues discussed. This research is an explanatory analytical prescriptive by explaining the problems raised based on legal provisions, norms and theories and then analyzed qualitatively. In the end, we will draw a conclusion as an answer to the problems discussed. Based on the results of research on food security, indigenous peoples have been greatly affected by the COVID-19 pandemic. Moreover, the lands and territories of indigenous peoples have been under the control of companies exploiting their natural resources. Of course this will further exacerbate their rights to food needs. In international and national legal instruments, the State's responsibility to protect and fulfill their right to food has been formulated. The solutions to the various situations and conditions that hinder the implementation of State responsibility must be resolved. If the State does not immediately carry out its responsibilities related to basic rights such as the right to food, then the State will be deemed to have committed a violation and according to international law can be prosecuted.
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