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All Journal TATOHI: Jurnal Ilmu Hukum SANISA: Jurnal Kreativitas Mahasiswa Hukum
Efie Baadila
Fakultas Hukum Universitas Pattimura, Ambon
Law, Crime, Criminology & Criminal Justice

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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.
Perlindungan Hak Asasi Manusia Bagi Perempuan Kaum Minoritas Perspektif Hukum Internasional Hana Delvina Nanulaitta; Efie Baadila; Lucia Charlota Octovina Tahamata
TATOHI: Jurnal Ilmu Hukum Vol 1, No 9 (2021): Volume 1 Nomor 9, November 2021
Publisher : Faculty of Law Pattimura University

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Introduction: Cases of human rihts violations against women of the Rohingya ethnic minority by the Myanmar army and their protection for women of the Rohingya Ethnic minority in Myanmar.Purposes of the Research: This writing aims to find out and discuss the forms of regulation and protection of human rights law regarding minority women in international law.Methods of the Research: The research method in this writing uses the type of analytical prescriptive research. 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 related to human rights violations committed by the Myanmar army against women of the Rohingya ethnic minority, where in the process of enforcement and protection is not in accordance with what is done by the Myanmar government. Therefore, in order to maintain security, peace and peace together, it is necessary to have the role of world countries, especially the United Nations, ASEAN and the International Community to stop human rights violations.
Penyelesaian Sengketa India-China melalui Mahkamah Internasional Andy Christopher Fallen; Efie Baadila; Josina Agusthina Yvonne Wattimena
TATOHI: Jurnal Ilmu Hukum Vol 1, No 8 (2021): Volume 1 Nomor 8, Oktober 2021
Publisher : Faculty of Law Pattimura University

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Introduction: Aksai Chin is a region located in the border between India and China territories. This particular region has been in dispute for two countries since the Sino-Indian War in 1962. India holds on a demarcation line; passed down by England colony; a line called McMahon Line. Meanwhile China holds on different line called Line of Actual Control (LAC). The two countries do not share same perspective on demarcation line until these days. Plenty of agreements and treaties were made but did not produce expected result for both countries. The conflict occurred once again with the latest incident happened in Aksai Chin border when the border patrols of both countries were attacking each other.Purposes of the Research: This event triggered some questions regarding how to put an end to this international dispute. The aims of this research are to provide a resolution to end the long dispute between India and China, to find out the middle ground or the better solution. 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: In this research it was concluded that in international law there has been a regulation on how to set the boundaries of a country. The basis for determining borders, namely unwritten provisions and provisions. In recent developments, state boundaries are more determined by sources and processes of international law, such as self-determination, the principle of uti possidetis juris, effective occupation, state succession and national boundary agreements. The most potential mechanism for this case is through the International Court of Justice, first it is because the International Court of Justice (ICJ) is much more practical because it has permanent judges who are recognized. Second, with the International Court of Justice (ICJ) if a party in the case does not fulfill the obligations imposed by the ICJ decision, the other party can directly call the attention of the World Security Council if necessary to request a recommendation or determine the actions taken to make the decision possible.
Pertanggung Jawaban Hukum Pelaku Trafficking In Person Berdasarkan Hukum Internasional Di Indonesia Gabrielle Valentia Putri Sahetapy; Efie Baadila; Josina Augustina Yvonne Wattimena
SANISA: Jurnal Kreativitas Mahasiswa Hukum Vol 2, No 1 (2022): Volume 2, Nomor 1, April 2022
Publisher : Faculty of Law Pattimura University

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Introduction: Trafficking in persons is the act of recruiting, transporting, harboring, sending, transferring, or receiving a person by means of the threat of force, use of force, kidnapping, confinement, counterfeiting, fraud, abuse of power or a position of vulnerability, debt bondage or providing payments or benefits. , so as to obtain the consent of the person who has control over the other person, whether carried out within the country or between countries, for the purpose of exploitation or causing people to be exploited, which is a form of violation of Human Rights (HAM) which generally involves women and children. as a victim.Purposes of the Research:  This study aims to determine the regulation of trafficking in persons in international instruments and legal accountability for perpetrators of trafficking in persons based on international law.Methods of the Research: This research is a normative legal research using a law approach and a case approach. Sources of legal materials are primary legal materials, secondary legal materials and tertiary legal materials.Results of the Research:  The results of the study indicate that the regulation regarding the prohibition of trafficking in persons according to international law is regulated in the 2000 Palermo Convention, especially in Protocol II and implemented by Indonesia with Law no. 21 of 2007. From the data obtained, trafficking in persons is still widespread and has increased, among others, pressure from economic factors, low education levels, falsification of victim's identity documents. The practice of trafficking in persons is a violation of universal human rights to live free from all forms of slavery. The standard of protection and fulfillment of the rights of victims of trafficking must prioritize human rights, prevention, protection and assistance to victims. Effective action to prevent and fight the phenomenon of human trafficking as a transnational crime, especially for women and children, requires a transnational cooperation relationship, especially a comprehensive one in the countries of origin, transit and destination countries.
Tinjauan Hukum Humaniter Mengenai Konflik Bersenjata Antara Negara Dengan Kaum Pemberontak Basafa Asmawati Aziz Udin; Efie Baadila; Dyah Ridhul Airin Daties
TATOHI: Jurnal Ilmu Hukum Vol 2, No 6 (2022): Volume 2 Nomor 6, Agustus 2022
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i6.1118

Abstract

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.
Fungsi World Food Programme (WFP) Dalam Penanganan Krisis Pangan Di Negara Berkonflik Nur Afifa S Rumbia; Efie Baadila; Veriana Josepha Batseba Rehatta
TATOHI: Jurnal Ilmu Hukum Vol 2, No 8 (2022): Volume 2 Nomor 8, Oktober 2022
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i8.1426

Abstract

Introduction: The World Food Program or abbreviated as WFP is a special organization of the United Nations in collaboration with the Food Agriculture Organization which aims to deal with food crises, hunger, emergencies quickly in the provision of food in developing countries experiencing food crises. Purposes of the Research: Aims to know the function of WFP in the organizational structure of the United Nations, and to know WFP's responsibilities in handling food crises in conflict countries.Methods of the Research: The research method used in writing this thesis is normative legal research or library research, namely, legal research conducted by examining primary and secondary legal materials.Results of the Research: The results show that in carrying out humanitarian programs by WFP, it does not always run smoothly, there are also obstacles and challenges that must be faced by WFP in carrying out their duties and functions in the form of political instability in a country, limited access to areas, where it is difficult to access roads to the locations to be visited. assistance, and very limited funding. WFP's main programs in overcoming the food crisis in Afghanistan are School Meals, Take Home rations, Food for Training, and Food for Work.
Co-Authors Andy Christopher Fallen Basafa Asmawati Aziz Udin Dyah Ridhul Airin Daties Gabrielle Valentia Putri Sahetapy Hana Delvina Nanulaitta Johanis Steny Franco Peilouw Josina Agusthina Yvonne Wattimena Josina Augustina Yvonne Wattimena Lucia Charlota Octovina Tahamata Nur Afifa S Rumbia Tasya Rahim Veriana Josepha Batseba Rehatta