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All Journal TATOHI: Jurnal Ilmu Hukum PAMALI: Pattimura Magister Law Review Balobe Law Journal SANISA: Jurnal Kreativitas Mahasiswa Hukum
Johanis Steny Franco Peilouw
Fakultas Hukum Universitas Pattimura, Ambon
Law, Crime, Criminology & Criminal Justice

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Pengaturan Private Military Contractors Dalam Perang Un-Conventional Dan Implikasinya Terhadap Tanggung Jawab Negara Helmi Ishak Johannes; Arman Anwar; Johanis Steny Franco Peilouw
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: Private Military Contractors, abbreviated as PMCs, are companies or corporations that provide services and expertise related to the military or similar fields.Purposes of the Research: This writing aims to understand and know the arrangement of private military contractors in unconventional wars. 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: Conventional warfare is used to reduce the opponent's military capabilities directly through attacks and maneuvers, non-conventional warfare is an attempt to achieve victory indirectly through proxy forces. UW contrasts with conventional warfare where power is often disguised or poorly defined and relies heavily on subversion and guerrilla warfare. State responsibility is a fundamental principle in international law which originates from the doctrines of international jurists. State responsibility arises when there is a violation of international obligations to do something, both obligations based on international agreements and based on international customs.
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.
Tanggung Jawab Perwakilan Diplomatik Yang Melakukan Tindakan Penyalahgunaan Wewenang di Negara Penerima (Receiving State) Tasya Rahim; Efie Baadila; Johanis Steny Franco Peilouw
TATOHI: Jurnal Ilmu Hukum Vol 1, No 12 (2022): Volume 1 Nomor 12, Februari 2022
Publisher : Faculty of Law Pattimura University

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Introduction: Diplomatic representatives who abuse this authority because of their inherent rights of immunity and immunity.Purposes of the Research: This study aims to identify and understand the responsibilities of diplomatic officials who commit acts of abuse of authority in the receiving country according to the 1961 Vienna Convention and to identify and understand the state's responsibility to diplomatic officials who commit acts of abuse of authority in the receiving country. Methods of the Research: This study uses normative legal research methods, using primary, secondary, tertiary legal sources and the collection of legal materials is carried out using library research. Furthermore, the analysis technique uses qualitative analysis and is presented descriptively, namely analyzing the legal material obtained based on the legal rules and to identify and conclude the results of the analysis in accordance with the problems raised.Results of the Research: The form of responsibility of a diplomatic representative or diplomatic official who abuses his authority in the country receiving the diplomatic official can receive consequences in Persona Non Grata, the immunities and privileges of diplomatic officials are removed and the sending country is recalled for trial. Forms of state accountability that can be carried out by North Korea (sending country) to Bangladesh (receiving country) include compensation and satisfaction. Compensation is a form of state responsibility in the form of money payments given due to material losses due to the actions of diplomatic officials who abuse their powers. While satisfaction is a form of state responsibility by apologizing for the actions of its diplomatic officials.
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.
Advance Purchase Agreement Sebagai Instrumen Pembatasan Memperoleh Vaksin COVID-19 dari Perspektif Hukum Internasional Mariah Agnes Matakena; Johanis Steny Franco Peilouw
TATOHI: Jurnal Ilmu Hukum Vol 1, No 10 (2021): Volume 1 Nomor 10, Desember 2021
Publisher : Faculty of Law Pattimura University

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Introduction: During the COVID-19 pandemic, there was a global race to procure vaccines. Developed nations were able to procure prioritized access to many vaccines through Advance Purchase Agreements with vaccine developers due to their ability to invest more money, however this restricted developing nations to procure theirs.Purposes of the Research: This issue poses the question whether Advance Purchase Agreements as a form of restriction towards the procurement of COVID-19 vaccines is accepted from the perspective of international law. Methods of the Research: Type of research used is juridical normative, that is concept of law that is textual (law in books) or concept of law as a norm as guidance to how society behave in proper manner, by using case approach, statue approach and conceptual approach.Results of the Research: The results showed that Advance Purchase Agreement’s (APA) are not acceptable from the perspective of international law. The use of APA to secure prioritized access to vaccines at the expense of developing nations infringes on their right to health hence violates the principle of good faith due to being an instrument of restriction towards ability of developing nations to procure vaccines and their right to health. Furthermore, Advance Purchase Agreements, overstep the provisions of the Declaration on the TRIPS Agreement and Public Health 1995 as well as the Declaration of the Right to Development adopted by the General Assembly 1986.
Tanggung Jawab Negara Terhadap Pelanggaran Hak Asasi Manusia Di Belarusia Ditinjau Dari Hukum Internasional Billy Diego Arli Papilaya; Johanis Steny Franco Peilouw; Richard Marsilio Waas
TATOHI: Jurnal Ilmu Hukum Vol 1, No 6 (2021): Volume 1 Nomor 6, Agustus 2021
Publisher : Faculty of Law Pattimura University

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Introduction: Human rights violations that occurred in Belarus between the Belarusian Police and the demonstrators were an act that violated the provisions of the applicable laws and regulations. Purposes of the Research: This writing aims to examine and analyze how the regulation of state responsibility according to international law and the form of state responsibility for human rights violations in Belarus is arranged.Methods of the Research: The research method in this paper uses a normative juridical 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 results obtained are to explain that the state's responsibility for human rights violations in Belarus is a guarantee in upholding human rights, because the human rights violations committed by the Belarusian Police against the demonstrators are the responsibility of the state, where in upholding, protecting, fulfilling, respecting, and the responsibility of the state in promoting human rights in accordance with applicable regulations.
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.
Kebijakan Bebas Visa Bagi Warga Negara Asing yang Masuk Secara Ilegal dalam Prespektif Hukum Keimigrasian Elvira Belinda Mantiri; Johanis Steny Franco Peilouw; Lucia Charlota Octovina Tahamata
SANISA: Jurnal Kreativitas Mahasiswa Hukum Vol 1, No 1 (2021): Volume 1, Nomor 1, April 2021
Publisher : Faculty of Law Pattimura University

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Introductioan: This research discusses the issue of Free Visas made by the government in Presidential Regulation No. 21 of 2016 concerning Visa Free that does have a positive impact such as the increase in the number of tourists that is felt in economic growth, as well as foreign exchange countries. But it also has a negative impact, namely free visas, visas made by citizens such as an overstay visit visa, or workers who enter to work in Indonesia illegally.Purposes of the Research:  Analyze and review visa-free policies for the entry and exit of foreign national)Methods of the Research: This study uses a normative juridical method with the legal materials used in the study are primary, secondary and tertiary with the use of literature study techniques in the form of international legal regulations, scientific papers and literatureResults / Findings / Novelty of the Research: The Visa Free Policy made by the government does have a positive impact such as the increase in the number of tourists is very much felt in economic growth, as well as the country's foreign exchange. But it also has a negative impact, namely the abuse of visa-free committed by foreign nationals, such as the abuse of an overstay visit visa, or foreign workers who enter to work in Indonesia illegally, this can also affect the country's sovereignty, especially in the social and social fields. economy therefore the abuse of visa-free must be a major concern for the government to be able to solve the problem.
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.
Co-Authors Arman Anwar Billy Diego Arli Papilaya Brian Stevano Ukru Cliff Markus Latumeten Dahalia Fatima Toekan Dyah Ridhul Airin Daties Efie Baadila Elvira Belinda Mantiri Elvira Liminanto Ervin Septory Febby Magdalena Huwae Giovanny Pricillia Huwae Halima Hanafi, Irma Helmi Ishak Johannes Josiana Agusthina Yvonne Wattimena Josina Augustina Yvonne Wattimena June Mitchen Rumlaklak Lucia Charlota Octovina Tahamata Mariah Agnes Matakena Mitsel Sopacua Morich Thenu Nahria Fahrani Abidin Putri Anggineysia Bangsa Richard Marsilio Waas Salrik Roland Saily Stenly Pattiruhu Tasya Rahim Tirza Siahaya Tita Jolanda Anggraini Sahetapy Veriena Josepha Batseba Rehatta Wilshen Leatemia Yavier Pattiasina Yustinus Stevanus Yanubi