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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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Persekusi Sebagai Pelanggaran Hak Hidup Menurut Hukum Internasional (Kasus Persekusi oleh Taliban di Afganistan) Giovanny Pricillia Huwae; Johanis Steny Franco Peilouw; Dyah Ridhul Airin Daties
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.v3i1.1548

Abstract

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.
Pengaturan Tentang Milisi Dalam Hukum Humaniter Internasional Mitsel Sopacua; Johanis Steny Franco Peilouw; Veriena Josepha Batseba Rehatta
TATOHI: Jurnal Ilmu Hukum Vol 3, No 3 (2023): Volume 3 Nomor 3, Mei 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i3.1587

Abstract

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.
Akibat Hukum Dilibatkannya Penduduk Sipil Dalam Konflik Bersenjata Antara Milisi Dan Tentara Pemerintah Ervin Septory; Johanis Steny Franco Peilouw; Richard Marsilio Waas
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.v3i7.1848

Abstract

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.
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