Articles
<![CDATA[Tinjauan Hukum Humaniter Mengenai Konflik Bersenjata Antara Negara Dengan Kaum Pemberontak ]]>
<![CDATA[Basafa Asmawati Aziz Udin]]>;
<![CDATA[Efie Baadila]]>;
<![CDATA[Dyah Ridhul Airin Daties]]>
<![CDATA[ TATOHI: Jurnal Ilmu Hukum Vol 2, No 6 (2022): Volume 2 Nomor 6, Agustus 2022 ]]>
Publisher : <![CDATA[Faculty of Law Pattimura University ]]>
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DOI: 10.47268/tatohi.v2i6.1118
<![CDATA[Introduction: International humanitarian law applies to both international and non-international armed conflicts that cause casualties. One form of armed conflict in which humanitarian law can be applied is the armed conflict between Afghanistan and the Taliban insurgents.Purposes of the Research: Analyzing and knowing the regulations regarding armed conflict between the state and the rebels, Analyzing and knowing the legal consequences for both parties to the conflict according to International Law, As one of the requirements in the completion of studies at the Faculty of Law of Pattimura UniversityMethods of the Research: This study uses a normative juridical legal research method, using primary, secondary, and tertiary legal sources and the collection of legal materials is carried out using library techniques. Furthermore, the analysis technique is carried out by thoroughly evaluating legal materials related to the issues discussed and interpreting laws or regulations related to the issues discussed.Results of the Research:it can be concluded that in international humanitarian law the regulation of armed conflict between states and rebels can be seen in Article 3 of the Geneva Conventions of 1949 and Additional Protocol II of 1977. As well as the legal consequences for the state and the rebels involved in the conflict in Afghanistan where both the Afghan state and the Taliban are subjects of international law, both of them must comply with humanitarian law and are prohibited from taking coercive actions, both physical and spiritual, to obtain information; cause physical suffering; impose collective punishment; perpetrate intimidation, terrorism and robbery; retaliation against civilians; Arresting people to be held as hostages.]]>
<![CDATA[Dampak Ratifikasi Indonesia Terhadap International Convention for the Suppression of Terrorist Bombings 1997 ]]>
<![CDATA[Golda C L Ingratubun]]>;
<![CDATA[Lucia Charlota Octovina Tahamata]]>;
<![CDATA[Dyah Ridhul Airin Daties]]>
<![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.v2i9.1428
<![CDATA[Introduction: Terrorism as a type of Activities of Transnational/Criminal Organizations is a feared crime because it threatens the sovereignty of the state, society and individuals, disrupts national stability and pollutes democratic values.Purposes of the Research: To study and find out what things are regulated in the 1997 International Convention for the Suppression of Terrorist Bombings and the impact of Indonesia ratifying the 1997 International Convention for the Suppression of Terrorist Bombings. Methods of the Research: This study uses a normative juridical type which conducts research on the rules, norms and legal principles based on laws and regulations relating to the problem under study.Results of the Research: The results of this study explain the matters regulated in the 1997 International Convention for the Suppression of Terrorist Bombings, namely the efforts deemed necessary by the state party in tackling terrorism crimes within the scope of its country. It also regulates mutual legal assistance cooperation efforts, where countries that build cooperative relations can exchange information about the movement of terrorists considering that terrorism is a trans-national crime so that its handling can be more effective. The jurisdiction referred to in this convention is the regulation concerning the authority to enforce national law in the territory of a party based on the laws and regulations of that country. Extradition referred to in this convention is a regulation regarding the process of surrendering a person who is suspected or convicted to a country requesting surrender because he has committed a crime outside the territory of the surrendering 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[Konsep Perlindungan Hukum Bagi Pengungsi Anak Dari Ukraina Dalam Perspektif Hukum Pengungsi Internasional ]]>
<![CDATA[Rachma Rizky Melania Latuconsina]]>;
<![CDATA[Arman Anwar]]>;
<![CDATA[Dyah Ridhul Airin Daties]]>
<![CDATA[ Balobe Law Journal Volume 3 Issue 1, April 2023 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Pattimura ]]>
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DOI: 10.47268/balobe.v3i1.1512
<![CDATA[Introduction: The war in Ukraine caused Ukrainian refugees, including children, to be forced to leave their homes to seek protection in areas that were still safe within the country of Ukraine as Internally Displaced Persons or IDPs.Purposes of the Research: This study aims to find out how the concept of legal protection for children who become refugees as a result of armed conflict and how the implementation of legal protection for children who become internally displaced persons in Ukraine.Results of the Research: The concept of humanitarian intervention to protect child refugees is the responsibility of the state as the national authority of Ukraine. but the conditions of war make a country unable to carry out its responsibilities as well as possible to protect internally displaced children as victims of war in their country. Although without intending to ignore the rights of child refugees, a country in a war situation will certainly place more strategic interests on military defense as its top priority, rather than other affairs and interests. the lack of proper livelihood and education for child refugees in Ukraine is one of the proofs showing that the Ukrainian state has not been successful as the main responsibility for protecting child refugees in the country. Therefore, the main responsibility cannot only be placed solely on the national authorities of the Ukrainian state, but must be the responsibility of all nations in the name of humanity, as is the case with international refugees who receive international protection. Children are a vulnerable group, very different from adult refugees. They need special attention so that they require more or different protection and handling measures because of their age. The best principle for the child (best interest of the child) must be the basis of his protection.]]>
<![CDATA[Pengaturan Mutual Legal Assistance Dalam Hukum Internasional (Kasus Konfederasi Swiss-Indonesia) ]]>
<![CDATA[Erica Febrianti]]>;
<![CDATA[Josina Augustina Yvonne Wattimena]]>;
<![CDATA[Dyah Ridhul Airin Daties]]>
<![CDATA[ TATOHI: Jurnal Ilmu Hukum Vol 3, No 2 (2023): Volume 3 Nomor 2, April 2023 ]]>
Publisher : <![CDATA[Faculty of Law Pattimura University ]]>
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DOI: 10.47268/tatohi.v3i2.1556
<![CDATA[Introduction: Indonesia conducted Mutual legal Assistance (MLA) Agreement negotiations with the Swiss Federation on February 4, 2019 in Bern, Switzerland. Due to the MLA agreement, this is one of the access rights to track the assets of corrupt people hiding in Switzerland.Purposes of the Research: This article aims to identify the provision of mutual legal assistance in international legal instruments and the position of mutual legal assistance between two countries as an international legal instrument for restitution of state property. Methods of the Research: The method used in this study is the legal research method, a type of descriptive analysis, the sources of legal documents are primary legal documents, secondary legal documents, and legal documents. tertiary legal documents. Analysis of legal documents and methods of analyzing legal documents.Results of the Research: The results of the study show that the position of MLA (Mutual Legal Assistance) between the Republic of Indonesia and Switzerland as one of the efforts to return state assets, it can be concluded that the mutual legal assistance agreement between the Republic of Indonesia and Switzerland has not been effective, because it does not regulate the application of asset returns and the concept of MLA (Mutual Legal Assistance) in the agreement is only to facilitate the exchange of information related to assets, but follow-up actions to seize the assets of the perpetrators of corruption are left to the country requesting assistance, and until now, the Indonesian government does not yet have a legal umbrella in the form of separate laws regarding returns assets resulting from criminal acts, both corruption and other serious crimes.]]>
<![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[Pertanggungjawaban Pelaku Penyelundupan Migran Lintas Negara Ditinjau Dari Hukum Internasional ]]>
<![CDATA[Neladi Frisilia Lilipaly]]>;
<![CDATA[Popi Tuhulele]]>;
<![CDATA[Dyah Ridhul Airin Daties]]>
<![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.v3i7.1850
<![CDATA[Introduction: As a country with many small islands bordering other countries, Indonesia has considerable potential for migrant smuggling practices. The smuggling of illegal immigrants is a type of global crime.Purposes of the Research: aims to identify and analyze international law governing the smuggling of transnational migrants as well as to identify and analyze the accountability of perpetrators who smuggle transnational migrants.Methods of the Research: This legal research uses normative juridical research, case approach, statutory approach, and conceptual approach, primary and secondary legal materials, legal material procedures using primary legal materials which are then associated with secondary legal materials and processing and analysis of legal materials using qualitative descriptive analysis.Results of the Research: The results showed that the international legal arrangements that regulate migrant smuggling are the Palermo Convention (UN Convention / UNTOC) of 2000 concerning Transnational Crime (People Smuggling), the Migrant Workers Convention (International Labor Organization / ILO) of 1990, the Protocol for the Eradication of Smuggling involving People Smuggling 2000, and the perpetrators' accountability using the National Law or Indonesian Law, namely Law No. 6 of 2011 concerning Immigration.]]>
<![CDATA[Kekuatan Hukum Memorandum of Understanding Bagi Perlindungan Pekerja Migran Indonesia ]]>
<![CDATA[Astriyani Irawan]]>;
<![CDATA[Arman Anwar]]>;
<![CDATA[Dyah Ridhul Airin Daties]]>
<![CDATA[ PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 2023 PATTIMURA Law Study Review ]]>
Publisher : <![CDATA[Faculty of Law Universitas Pattimura ]]>
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DOI: 10.47268/palasrev.v1i1.10098
<![CDATA[ABSTRACT: The governments of Indonesia and Malaysia agreed on a Memorandum of Understanding or MoU on the Placement and Protection of Indonesian Migrant Workers (PMI) in the Domestic Sector in Malaysia. However, three months after the signing, the Government of Malaysia proved to have not carried out the contents of what had been agreed upon in the agreement. Purposes of the Research: Adding knowledge to the author about how the position and legal power of signing a memorandum of understanding or Memorandum of Understanding (MoU) for the protection of migrant workers (PMI) and as input material for academics, government, society, especially PMI candidates and can also be useful for parties who wish conducting research in the same field. Methods of the Research: normative legal research. The nature of the research is descriptive analysis by examining library materials using the Act approach, Concept Approach, and Case Approach. The use of legal material sources consists of primary and secondary legal materials to discuss the formulation of the problem. Results of the Research: The MoU has binding power in providing protection for Indonesian Migrant Workers who are in Malaysia. One of the implications of the MoU is the abolition of the online maid system (SMO) and replaced with a One-channel system (OCS). It is suggested to the Government of Malaysia to respect the provisions agreed in the MoU. Also to the Government of Indonesia to continue monitoring and evaluating the implications of the MoU on the Protection of Indonesian Migrant Workers (PMI) in Malaysia.]]>
<![CDATA[Tinjauan Perjanjian Internasional Terhadap Kerja Sama Mikro ]]>
<![CDATA[Ezra Raphael Timotius]]>;
<![CDATA[Popi Tuhulele]]>;
<![CDATA[Dyah Ridhul Airin Daties]]>
<![CDATA[ PATTIMURA Law Study Review Vol 1 No 2 (2023): Desember 2023 PATTIMURA Law Study Review ]]>
Publisher : <![CDATA[Faculty of Law Universitas Pattimura ]]>
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DOI: 10.47268/palasrev.v1i2.11775
<![CDATA[International Treaties are sources of international law that have the basis of international legal force. Countries in the Southeast Asian region agreed to create a safe and peaceful atmosphere for the region by forming an organization called ASEAN. ASEAN formed the ASEAN Economic Community (AEC) which is a form of economic integration in the Southeast Asian region. AEC aims to assist ASEAN integration through AEC (ASEAN Economic Community). Each ASEAN member country pays attention to strategies, policies for the empowerment of MSMEs, including in Indonesia. The purpose of the study is to analyze and know about ASEAN cooperation, especially AEC in Micro Cooperation (MSMEs) in ASEAN and to analyze and find out the implementation of MSME micro cooperation agreements implemented in Indonesia. This research method used is normative juridical. The problem approach used is a legal approach and a conceptual approach. The sources of legal materials are primary, secondary, and tertiary. Collection of legal materials using literature studies. Furthermore, the analysis of legal materials on MSME trade, ASEAN, and their relationships in International Agreements is analyzed and processed systematically so that the results are expected to answer this research problem. The results of the study found that the AEC cooperation relationship has a positive impact on MSME microeconomic cooperation in ASEAN. The presence of AEC is the basis and legal basis, important for MSME microeconomic cooperation. The implementation of the AEC cooperation agreement for Indonesian MSMEs has been going well, but there are still several obstacles that need to be overcome. These problems are related to funding, availability of natural resources, and lack of human resources. These things are still a challenge for Indonesia in competing with other countries.]]>
<![CDATA[Tanggungjawab Negara Terhadap Pelanggaran Hak Asasi Manusia Berat ]]>
<![CDATA[Alessandro Willem Selfiano Everhard Kuhuparuw]]>;
<![CDATA[Lucia Charlota Octavina Tahamata]]>;
<![CDATA[Dyah Ridhul Airin Daties]]>
<![CDATA[ PATTIMURA Law Study Review Vol 1 No 2 (2023): Desember 2023 PATTIMURA Law Study Review ]]>
Publisher : <![CDATA[Faculty of Law Universitas Pattimura ]]>
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DOI: 10.47268/palasrev.v1i2.11777
<![CDATA[Gross human rights violations have been regulated in Law Number 39 of 1999 concerning Human Rights and Law Number 26 of 2000 concerning Human Rights Courts. But in reality, gross human rights violations still occur in Indonesia, one of which occurred in South Aceh known as the Jambo Keupok tragedy. The Jambo Keupok tragedy began with information conveyed by an informant to TNI members that Jambo Keupok Village became the base of the Free Aceh Movement (FAM). International law has provided a solid foundation for effective punishment of perpetrators gross violations of human rights, among others Article 4 of the Convention Against Torture and Other Cruel; In Human or Degrading Treatment or Punishment and According to Article 17 paragraph (1) of the Rome Statute of 1998, the government's responsibility regarding gross human rights violations in Jambo Keupok Aceh proceeded very slowly. This is influenced by 2 main things, namely: there is no official recognition in the Indonesian government that the event was a gross human rights violation and the second because of the Aceh tsunami disaster. After the Aceh tsunami, the Indonesian government has carried out reconciliation. Finally, in 2023, the Government of Indonesia, in this case, President Jokowidodo has determined that the Jambo Keupok Aceh incident is a gross human rights violation.]]>
