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All Journal TATOHI: Jurnal Ilmu Hukum
Veriena Josepha Batseba Rehatta
Fakultas Hukum Universitas Pattimura, Ambon
Law, Crime, Criminology & Criminal Justice

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Pelanggaran Hak Asasi Manusia oleh Milisi dalam Perang Saudara di Nigeria Marten Karelauw; Arman Anwar; Veriena Josepha Batseba Rehatta
TATOHI: Jurnal Ilmu Hukum Vol. 1 No. 11 (2022): Volume 1 Nomor 11, Januari 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v1i11.866

Abstract

Introduction: Militia can serve as a supplement to the regular military, or they can oppose it, for example against military coups.Purposes of the Research: This writing aims to analyze and examine how the international legal arrangements regarding militias in a country. Methods of the Research: The research method in this paper uses a prescriptive analytical 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 result obtained is the regulation of human rights violations by militias in the civil war in Nigeria, specifically regulated in Article 3 of the 1949 Geneva Conventions concerning the obligations of parties to non-international armed conflicts that take place in the territory of one of the High Contracting Parties. And Additional Protocol II of 1977 as a complement to the 1949 Geneva Conventions which regulates armed conflicts that are not international in nature. Based on the provisions of the convention and the Additional Protocol, in its implementation in armed conflict by militias in Nigeria, various human rights violations by militias were found. So it is necessary to have an active role from international organizations in enforcement and protection efforts, as a form of role in creating peace for the parties.
Sengketa Hukum Penggunaan Non Navigasi Jalur Air Internasional Antar Negara Perbatasan Lidia Wihelmina Tutuhatunewa; Veriena Josepha Batseba Rehatta
TATOHI: Jurnal Ilmu Hukum Vol. 1 No. 9 (2021): Volume 1 Nomor 9, November 2021
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v1i9.809

Abstract

Introduction: On 6 June 2016 Chile sued Bolivia for its claim that the Silala river belong to Bolivia in its entirety and is not an international watercourse. The problems studied are the regulation on the use of non-navigating international watercourses formulated by international legal instruments and the law of non-navigational uses of international watercourse between Bolivia-Chile as border countries.Purposes of the Research: The purpose of this research is to resolve the border dispute between Bolivia and Chile, to find a middle point or a better solution.Methods of the Research: This study uses a normative juridical method with the legal material used in the study is the Non-Navigational Law on the Use of International Watercourses (UNWC) with the use of literature study techniques in the form of international legal regulations, scientific works and literature.Results of the Research: The results of this study indicate that the regulation on the use of non-navigational international waterways is formulated in an international legal instrument, namely the United Nation Convention on the Law of the Non-navigational Uses of International Watercourses ( UNWC) and the bilateral agreement between Bolivia and Chile, namely the 1904 Treaty of Peace & Friendship (Peace Agreement 1904) and is used as a source of law to resolve the Silala River dispute case. Meanwhile, the settlement of legal disputes on the use of non-navigating international waterways between the Bolivia-Chile border countries can be resolved by means of mediation. Both parties can use the Convention on the Law on the Use of Non-Navigation of International Watercourse and the provisions agreed upon in the bilateral agreement, namely the Treaty of Peace & Friendship 1904 as the main legal material to reach an agreement. Or both parties can stick to their respective demands and defenses.
Kedudukan International Criminal Police Organization (ICPO-Interpol) dalam Perjanjian Ekstradisi antara Indonesia dan Australia Christien Pristi Gresilo Putri Amanda; Veriena Josepha Batseba Rehatta; Richard Marsilio Waas
TATOHI: Jurnal Ilmu Hukum Vol. 1 No. 5 (2021): Volume 1 Nomor 5, Juli 2021
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v1i5.624

Abstract

Introductioan: There are advances in science and technology, especially in transportation and communication technology that make it easier for people to move from one country to another. The movement of people from one country to another has been taken advantage of by criminals in an attempt to escape punishment, such as the case of Adrian Kiki Ariawan who fled to Australia. Therefore, international cooperation is needed through the involvement of Extradition and ICPO-Interpol.Purposes of the Research:  To analyze and review the implementation of the extradition treaty between Indonesia and Australia. And to analyze and study the position of ICPO-Interpol in the extradition treaty between Indonesia and Australia.Results of the Research: This research uses normative juridical research with the legal materials used in the research are primary, secondary and tertiary data using library study techniques in the form of Law No.1 of 1979 on Extradition, scientific papers and literature.
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, Universitas Pattimura

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.
Co-Authors Arman Anwar Christien Pristi Gresilo Putri Amanda Johanis Steny Franco Peilouw Lidia Wihelmina Tutuhatunewa Marten Karelauw Mitsel Sopacua Richard Marsilio Waas