Articles
<![CDATA[Penegakan Kedaulatan Di Wilayah Udara Indonesia Berdasarkan Undang-Undang Nomor 1 Tahun 2009 Tentang Penerbangan ]]>
<![CDATA[Salrik Roland Saily]]>;
<![CDATA[Johanis Steny Franco Peilouw]]>;
<![CDATA[Irma Halima Hanafi]]>
<![CDATA[ TATOHI: Jurnal Ilmu Hukum Vol 2, No 4 (2022): Volume 2 Nomor 4, Juni 2022 ]]>
Publisher : <![CDATA[Faculty of Law Pattimura University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.47268/tatohi.v2i4.1096
<![CDATA[Introduction: This study discusses the enforcement of sovereignty in Indonesian airspace based on Law number 1 of 2009 concerning Avitiation. Purposes of the Research: Rieviewing and discusses froms the regulation and law enforcement in air space in Indonesian airspace based on Law number 1 of 2009 concering Aviation. Methods of the Research: This research uses the juridical normative method by using a statutory approach, a conceptual approach, and a case approach.Results of the Research: The resukts of this study indicate that violations of airspace in Indonesian are still common considering thaht Indonesian has a fairly large area and is limited by violation detection radar devices so that it is very vulnerable in Indonesia’s airspace to be entered by foreign civilian aircraft. Indonesian has not only happened repeatedly until the beginning of 2019, but in government regulation number 4 of 2018 concering security of the airspace of the republic of Indonesia, it has been explained and emphasized regarding securing airspace in indonesian airspace in article 1 paragraph (8) government regulations.]]>
<![CDATA[Tinjauan Hukum Hak Asasi Manusia Internasional Terhadap Extrajudicial Killing ]]>
<![CDATA[Morich Thenu]]>;
<![CDATA[Josina Augustina Yvonne Wattimena]]>;
<![CDATA[Johanis Steny Franco Peilouw]]>
<![CDATA[ TATOHI: Jurnal Ilmu Hukum Vol 2, No 7 (2022): Volume 2 Nomor 7, September 2022 ]]>
Publisher : <![CDATA[Faculty of Law Pattimura University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.47268/tatohi.v2i7.1127
<![CDATA[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.]]>
<![CDATA[Fungsi Dewan Hak Asasi Manusia Eropa Dalam Menangani Pelanggaran Hak Asasi Manusia Di Hungaria Berdasarkan Piagam Hak Asasi Manusia Eropa ]]>
<![CDATA[Brian Stevano Ukru]]>;
<![CDATA[Josiana Agusthina Yvonne Wattimena]]>;
<![CDATA[Johanis Steny Franco Peilouw]]>
<![CDATA[ TATOHI: Jurnal Ilmu Hukum Vol 2, No 6 (2022): Volume 2 Nomor 6, Agustus 2022 ]]>
Publisher : <![CDATA[Faculty of Law Pattimura University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.47268/tatohi.v2i6.1119
<![CDATA[Introduction: The function of the European Human Rights Council in dealing with human rights violations against refugees and asylum seekers in Hungary and the form of accountability of the Hungarian State based on the European Human Rights Charter.Purposes of the Research: This writing aims to examine and analyze how the European Human Rights Council functions in dealing with human rights violations in Hungary based on the European Human Rights Charter.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 function of the European Human Rights Council is to guarantee the protection of human rights for refugees and asylum seekers. The form of responsibility of the Hungarian State under the European Charter of Human Rights.]]>
<![CDATA[Pertanggungjawaban Penggunaan Unmanned Aerial Vehicle (UAV) Dalam Konflik Bersenjata Ditinjau Dari Hukum Humaniter Internasional ]]>
<![CDATA[Febby Magdalena Huwae]]>;
<![CDATA[Irma Halimah Hanafi]]>;
<![CDATA[Johanis Steny Franco Peilouw]]>
<![CDATA[ TATOHI: Jurnal Ilmu Hukum Vol 2, No 10 (2022): Volume 2 Nomor 10, Desember 2022 ]]>
Publisher : <![CDATA[Faculty of Law Pattimura University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.47268/tatohi.v2i10.1439
<![CDATA[Introduction: Today there is one type of aircraft that is often used in war, namely the Unmanned Aerial Vehicle (UAV) or in Indonesian called the Unmanned Aircraft (PTA) which is better known as the Drone.Purposes of the Research: To find out how the regulation of Unmanned Aerial Vehicle (UAV) and how the accountability of parties using Unmanned Aerial Vehicle (UAV) in armed conflict from the use of unmanned aircraft in armed conflict. Methods of the Research: This research uses normative juridical law research, with primary and secondary legal materials as the source of the law. The problem approach used is the statute approach, the conceptual approach, and the case approach. Furthermore, it is analyzed qualitatively.Results of the Research: The result of this study is that the use of drones by the United States in Pakistan has resulted in hundreds or even thousands of civilian lives and caused unnecessary damage both materially and formally. In addition, the legality of the use of drones is also still in question because until now there has been no definite binding standard. In this study, the authors suggest that the making of rules regarding drones should be implemented immediately, this is in order to prevent violations of international humanitarian law and to protect the security of civilians so that they do not suffer or suffer losses caused by drones.]]>
<![CDATA[Tinjauan Yuridis Pelanggaran Cyber Attack Dalam Perang Modern Berdasarkan Hukum Humaniter Internasional ]]>
<![CDATA[Stenly Pattiruhu]]>;
<![CDATA[Johanis Steny Franco Peilouw]]>;
<![CDATA[Wilshen Leatemia]]>
<![CDATA[ TATOHI: Jurnal Ilmu Hukum Vol 2, No 9 (2022): Volume 2 Nomor 9, November 2022 ]]>
Publisher : <![CDATA[Faculty of Law Pattimura University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.47268/tatohi.v2i9.1430
<![CDATA[Introduction: Violations in the form of cyber attacks are carried out by countries that have strong cyber space infrastructure against other countries that have weaknesses in their cyber defense systems.Purposes of the Research: The purpose of this paper is to find out and understand the position of cyber attacks in international humanitarian law and to know and understand the state's responsibility for the use of cyber attacks. Methods of the Research: This type of research is normative juridical where the research is carried out by collecting primary, secondary and tertiary data obtained using library research. The data that has been collected is analyzed qualitatively, the description of which is arranged systematically based on legal disciplines to achieve clarity on the issues to be discussed.Results of the Research: The results of this study indicate that the position of cyber attacks in international humanitarian law is the same as conventional wars based on a cyber attack approach as a war domain as well as attacks in cyber attacks. Cyber attacks also violate the principles of humanitarian law, namely the Principle of Discrimination, the Principle of Proportionality and Uncessary Suffering. Furthermore, with regard to the state having an obligation to be responsible for violations of the principles of International Humanitarian Law caused by cyber attacks carried out by a person or group, it is proven to have a close relationship with the state in accordance with international customs regarding state responsibilities and is also obliged in the responsibilities contained in the law. United Nations Charter. Forms of liability can be in the form of cessation of attacks and reparations. The reparations themselves can be carried out by means of restitution, compensation and giving satisfaction to the victim country.]]>
<![CDATA[Tanggung Jawab Negara Terhadap Pelanggaran Kemanusiaan Suku Aborigin Sebagai Indigenous People ]]>
<![CDATA[Dahalia Fatima Toekan]]>;
<![CDATA[Johanis Steny Franco Peilouw]]>;
<![CDATA[Dyah Ridhul Airin Daties]]>
<![CDATA[ TATOHI: Jurnal Ilmu Hukum Vol 2, No 8 (2022): Volume 2 Nomor 8, Oktober 2022 ]]>
Publisher : <![CDATA[Faculty of Law Pattimura University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.47268/tatohi.v2i8.1424
<![CDATA[Introduction: Aboriginal people are indigenous and constitute a minority population in Australia and are known as Indigenous Peoples.When the white people arrived in Australia, they took over the land rights of the aboriginals.Purposes of the Research: To find out how international law in providing protection for aboriginal tribes who are indigenous people and knowing and understanding the form of the Australian state's responsibility for humanitarian violations for aboriginal tribes as indigenous people. Methods of the Research: This research isnormative juridical law research, with primary and secondary legal materials as legal sources. Furthermore, it was analyzed qualitatively.Results of the Research: The results of this study indicate thatprotection for aboriginal tribes as Indigenous Peoples is regulated in the International Labor Organization (ILO) Convention No. 169 of 1989, the United Nations Declaration of Rights on the Indigenous Peoples (UNDRIP) Convention in 1984 and the Indigenous Peoples Rights Act (IPRA) Convention in 1997.As a form of responsibility, Australia has signed various international treaties and conventions on human rights and as a form of state responsibility for violations of humanity of aboriginal tribes as aIndigenous Peoplesby formingThe Council for Aboriginal Reconciliationin 1992 and then apologized nationwide in February 2008]]>
<![CDATA[Pengujian Nuklir (Rudal Balistik) Oleh Korea Utara Menurut Perspektif Hukum Internasional ]]>
<![CDATA[Putri Anggineysia Bangsa]]>;
<![CDATA[Josina Augustina Yvonne Wattimena]]>;
<![CDATA[Johanis Steny Franco Peilouw]]>
<![CDATA[ TATOHI: Jurnal Ilmu Hukum Vol 2, No 12 (2023): Volume 2 Nomor 12, Februari 2023 ]]>
Publisher : <![CDATA[Faculty of Law Pattimura University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.47268/tatohi.v2i12.1455
<![CDATA[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.]]>
<![CDATA[Pengaturan Perjanjian Internasional Dan Relevansinya Dengan Klaim Pulau Dokdo Berdasarkan Perjanjian San Fransisco 1951 ]]>
<![CDATA[Cliff Markus Latumeten]]>;
<![CDATA[Johanis Steny Franco Peilouw]]>;
<![CDATA[Lucia Charlota Octovina Tahamata]]>
<![CDATA[ TATOHI: Jurnal Ilmu Hukum Vol 2, No 11 (2023): Volume 2 Nomor 11, Januari 2023 ]]>
Publisher : <![CDATA[Faculty of Law Pattimura University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.47268/tatohi.v2i11.1448
<![CDATA[Introduction: The Dokdo Island dispute is one of the disputes involving Japan and South Korea. Both Japan and South Korea still hold fast that Dokdo Island is part of their country's sovereignty.Purposes of the Research: The purpose of this paper is to find out and examine the arrangement of international agreements in claiming an area as well as to find out and examine the settlement of claims made by Japan against Dokdo Island based on the 1951 San Francisco Agreement. Methods of the Research: The type of research used in this research is normative juridical (normative legal research type), which is an approach that is carried out by researching or studying well library materials or literature studies. Especially to examine the provisions of positive law, legal principles, legal principles, and international law doctrines in order to answer the legal issues faced.Results of the Research: The results of this study indicate that the emphasizes that an international treaty dispute must be resolved by peaceful means in accordance with the principles of justice and international law. The 1951 San Francisco agreement itself does not explain the arrangement of international agreements in claiming an area, either directly or indirectly bordering areas. Because the San Francisco agreement itself was a peace treaty between Japan and the Allies to end World War II. Various dispute resolution efforts have been carried out such as diplomatic and judicial settlements, but until now the right way to resolve the Dokdo Island dispute has not been found. Based on the contents of the 1951 San Francisco Agreement, there was no discussion related to the settlement of the Dokdo island dispute between Japan and South Korea or other international disputes because the agreement was only a peace agreement between Japan and its allies in ending World War II. However, there are several ways of resolving disputes that can be taken by both parties, both through non-litigation and litigation channels, such as through mediation, negotiation to settlement through the International Court of Justice.]]>
<![CDATA[Aspek Hukum Keimigrasian Terhadap Orang Asing Yang Berada Di Indonesia ]]>
<![CDATA[Tita Jolanda Anggraini Sahetapy]]>;
<![CDATA[Johanis Steny Franco Peilouw]]>;
<![CDATA[Irma Halimah Hanafi]]>
<![CDATA[ PAMALI: Pattimura Magister Law Review Vol 3, No 1 (2023): MARET ]]>
Publisher : <![CDATA[Postgraduate Program in Law, Pattimura University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.47268/pamali.v3i1.1069
<![CDATA[Introduction: Immigration is a matter of regulating the traffic of people entering or leaving the Territory of the Republic of Indonesia and its supervision in the context of maintaining state sovereignty.Purposes of the Research: Review and analyze the Regulations of Law Number 6 of 2011 concerning Immigration regarding the supervision of Foreigners in Indonesia.Methods of the Research: Scientific writing is carried out using research methods, with normative juridical research types, problem approaches using case approaches and law approaches, primary, secondary and tertiary sources of legal materials and techniques for collecting and managing legal materials using library research by searching and reviewing books. related to solving the problem in this writing.Results of the Research: Foreigners who enter illegally into the territory of the State of Indonesia are foreigners who enter without going through the inspection of immigration officials and without being accompanied by valid and still valid travel documents, this is a development burden for the government in solving these problems. This can be seen and studied in the Immigration Act by looking at the arrangements for the supervision of foreigners and the imposition of sanctions on immigration crimes committed. Immigration in carrying out its duties and authorities must be more assertive in handling and providing sanctions to foreigners who commit immigration violations and crimes in accordance with Law No. in giving sanctions to someone who commits an immigration crime.]]>
<![CDATA[Konsep Hukum Kerjasama Internasional dalam Menghadapi Penyelundupan Senjata Api di Wilayah Perbatasan ]]>
<![CDATA[Nahria Fahrani Abidin]]>;
<![CDATA[Johanis Steny Franco Peilouw]]>;
<![CDATA[Josina Augustina Yvonne Wattimena]]>
<![CDATA[ Balobe Law Journal Volume 3 Issue 1, April 2023 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Pattimura ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.47268/balobe.v3i1.1511
<![CDATA[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.]]>
