Articles
<![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 ]]>
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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 ]]>
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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 ]]>
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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 ]]>
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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 ]]>
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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 ]]>
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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 ]]>
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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.]]>
<![CDATA[Persekusi Sebagai Pelanggaran Hak Hidup Menurut Hukum Internasional (Kasus Persekusi oleh Taliban di Afganistan) ]]>
<![CDATA[Giovanny Pricillia Huwae]]>;
<![CDATA[Johanis Steny Franco Peilouw]]>;
<![CDATA[Dyah Ridhul Airin Daties]]>
<![CDATA[ TATOHI: Jurnal Ilmu Hukum Vol 3, No 1 (2023): Volume 3 Nomor 1, Maret 2023 ]]>
Publisher : <![CDATA[Faculty of Law Pattimura University ]]>
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DOI: 10.47268/tatohi.v3i1.1548
<![CDATA[Introduction: The withdrawal of United States troops from Afghanistan caused pros and cons in the world community. Their fears of a return to a Taliban Government that implements hardline Islamic Sharia law have forced Afghans to flee their country en masse. The Taliban are famous for their acts of persecution against the weak or miniroties who are considered to disagree with them.Purposes of the Research: The purpose of writing this journal is to find out international legal arrangements regarding persecution which is a violation of the right to life and also to know that the persecution by the Taliban violates human rights. The method used in the research is a normative research method. Methods of the Research: The type of research used is the type of normative legal research, and uses a statutory approach, case approach and conceptual approach. The legal materials used primary and secondary legal materials which are classified and arranged systematically and then reviewed to answer the problems under study.Results of the Research: The result of this research is that persecution is an act of violation of the right to life as regulated in the third article of the Universal Declaration of Human Rights in 1948, and is one of the international crimes against humanity regulated in the Rome Statute in 1998. Rough and brutal acts carried out by the Taliban are acts of persecution that violate of human rights. In the Universal Declaration of Human Rights, the third article and the eleventh article, the first paragraph emphasizes that everyone has the right to life and cannot be killed arbitrarily and cannot be punished before a court decision is made on charges of wrongdoing.]]>
<![CDATA[Pengaturan Tentang Milisi Dalam Hukum Humaniter Internasional ]]>
<![CDATA[Mitsel Sopacua]]>;
<![CDATA[Johanis Steny Franco Peilouw]]>;
<![CDATA[Veriena Josepha Batseba Rehatta]]>
<![CDATA[ TATOHI: Jurnal Ilmu Hukum Vol 3, No 3 (2023): Volume 3 Nomor 3, Mei 2023 ]]>
Publisher : <![CDATA[Faculty of Law Pattimura University ]]>
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DOI: 10.47268/tatohi.v3i3.1587
<![CDATA[Introduction: Militia, also know as savage troop groups, are groups of civilians that can function as a supplement to the regular military or as a challenger to counter military coups. The process of forming the militia occurred because of a conflict between a group and the state central government which resulted in conflict resulting in rebel groups being named militia or illegal troop groups.Purposes of the Research: To know about the arrangement of militias in armed conflict of a non-interntional nature. Methods of the Research: The research method used is normative research. This type of research has stages of scientific logic research based on the normative side. The legal materials in this research method are primary legal materials that are based on laws or laws that are said to be norms and also secondary legal materials that are guided by books. This research refers to international and non-international legal instruments.Results of the Research: The results of this study indicate that Militia arrangements are recognized as Belligerent as regulated in Article 1 of the Hague Convention IV of 1907 (Hague Regulations), Article 1 paragraph (1) of Additional Protocol II of 1977, in the 1949 Geneva Conventions and the 1977 Additional Protocol requiring organizations to protect and assist civilians who are victims of armed conflict. The responsibility for the action of the militia is the rebel command not only in times of armed conflict but also in times of peace.]]>
<![CDATA[Akibat Hukum Dilibatkannya Penduduk Sipil Dalam Konflik Bersenjata Antara Milisi Dan Tentara Pemerintah ]]>
<![CDATA[Ervin Septory]]>;
<![CDATA[Johanis Steny Franco Peilouw]]>;
<![CDATA[Richard Marsilio Waas]]>
<![CDATA[ TATOHI: Jurnal Ilmu Hukum Vol 3, No 7 (2023): Volume 3 Nomor 7, September 2023 ]]>
Publisher : <![CDATA[Faculty of Law Pattimura University ]]>
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DOI: 10.47268/tatohi.v3i7.1848
<![CDATA[Introduction: The relationship between people or groups of people incorporated in a different nationality or state of the community can be an indirect or official relationship undertaken by state officials that hold negotiations on behalf of the state and inaugurated the approval achieved in such an official inter-state agreement.Purposes of the Research: to know and understand the legal consequences of the civilian population involvement in armed conflict between militias and government soldiers.Methods of the Research: Based on the problems studied, this researcher uses a type of "Normative Juridical" research, namely research on legal rules, norms, and principles related to the problem being studiedResults of the Research: The results of this study explain that the regulation of the civilian population in the armed conflict is the most important in the case between militia and government army according to international law and international humanitarian law, armed conflict is a conflict to be enforced in human rights (human rights). As the form of legal efforts on the involvement of civilians in the armed conflict between militia and government army clearly raises the terms of the rules that apply to the main factor because the case occurred in the Ethopia state involving civilians in armed conflicts is an action that must be attempted to effectively in the congestion to address the problems or cases that occur in Ethopia as well as the armed conflicts have a huge impact of losses for the two parties who are bathed.]]>
