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All Journal TATOHI: Jurnal Ilmu Hukum
Veriana Josepha Rehatta
Fakultas Hukum Universitas Pattimura, Ambon
Law, Crime, Criminology & Criminal Justice

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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.
Perspektif Hukum Internasional Terhadap Perlindungan HAM Aktivis Kemanusiaan Medyline Agnes Elias; Josina Augusthina Yvonne Wattimena; Veriana Josepha Rehatta
TATOHI: Jurnal Ilmu Hukum Vol 1, No 7 (2021): Volume 1 Nomor 7, September 2021
Publisher : Faculty of Law Pattimura University

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Introduction: In the midst of the territorial conflict between Israel and Palestine and various human rights violations that also occurred in the conflict, a humanitarian activist named Rami Aman from Gaza was arrested by Hamas based on a report by a former Amnesty worker.Purposes of the Research: The aim of the author is to find out about the regulation of protection of humanitarian activists in international law instruments and the legal remedies that Amnesty International can take in protecting human rights for humanitarian activists.Methods of the Research: The method used in this research, namely normative legal research methods carried out by using literature study where by examining library materials and secondary data in assessing the prevailing legal norms, which are then presented descriptively and conclusions are given.Results of the Research: The results of the research obtained from this writing are that the protection of human rights from humanitarian activists has been regulated in international legal instruments, but these laws are soft law so they are not legally binding. These legal instruments can become hard law and legally binding if adopted in national law. As a non-governmental organization, Amnesty International can protect human rights of the humanitarian activists with the rights it derives from the consultative status it obtains and press the government concerned and pay public attention to these problems through campaigns and actions and most importantly for Amnesty International to work according to the principles it has.
Pengaturan Prinsip Pembedaan dan Penerapannya dalam Konflik Armenia-Azerbaijan Khafifa Kara Abnin; Arman Anwar; Veriana Josepha Rehatta
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: This research discusses about application of distinction principle which has not been fully implemented in the Armenian-Azerbaijan armed conflict, which resulted in heavy casualties from the civilian population and caused damage to civilian objects as a result of the attacks launched on civilian areas in Nagorno-Karabakh by the armed forces of both countries.Purposes of the Research: Know and study the regulation of distinction principle in Humanitarian Law and analyze the application of sanctions against Armenia-Azerbaijan for non-compliance with the distinction principle in the armed conflict of the two countries.Methods of the Research: This study uses a normative juridical method with legal materials used in the study are primary, secondary and tertiary with the use of literature study techniques.Results of the Research: The results showed that the armed conflict between Armenia and Azerbaijan in fighting over the Nagorno-Karabakh region was not carried out by applying the distinction principle effectively. Therefore, if the two countries do not try the perpetrators of war crimes in their national courts, the International Court of justice (ICC) has the competence to try them and provide sanctions in the form of compensation payments to victims in accordance with article 75 of the 1998 Rome Statute as well as imprisonment and fines as well as confiscation of proceeds of crime under Article 77 of the Rome Statute 1998.
Co-Authors Arman Anwar Iskandar Gafur Tuasikal Josina Augusthina Yvonne Wattimena Josina Augustina Yvonne Wattimena Khafifa Kara Abnin Medyline Agnes Elias