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Yurisdiksi Negara Pantai Terhadap Kapal Asing Yang Memuat Limbah Bahan Berbahaya Dan Beracun (B3) Ditinjau Dari Hukum Laut Internasional Djunaidi, Muhamad Renaldy; Tuhulele, Popi; Daties, Dyah Ridhul Airin
TATOHI: Jurnal Ilmu Hukum Vol 3, No 10 (2023): Volume 3 Nomor 10, Desember 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i10.1959

Introduction: The jurisdiction of the coastal state is an authority of the state to carry out laws and regulations in its territorial area to regulate people, property, and events that occur in the land area, sea waters, and air space above it.Methods of the Research: The research method used is normative juridical. by using a problem approach such as a statutory approach, a conceptual approach and a case approach. While the sources of legal materials used are primary, secondary and tertiary sources of legal materials. The collection of legal materials is carried out by means of a literature study, then analyzed qualitatively. Results of the Research: The results show that the entry of foreign ships transporting waste in the jurisdiction of the coastal state is not prohibited as long as it is subject to the provisions for the transportation of hazardous and toxic waste that is passing through the territory of the coastal state, namely for foreign ships carrying nuclear or other goods which because of their nature dangerous or toxic, if you want to make a voyage in the territorial waters of an International country, you must carry documents and comply with special precautions established by International treaties for ships (Article 23 of the 1982 International Law Of The Sea Convention). The implementation of Indonesian Jurisdiction for foreign ships transporting waste has been regulated in Law Number 17 of 2008 concerning Shipping and Government Regulation Number 101 of 2014 concerning Management of Hazardous and Toxic Waste, which explains all matters relating to traffic through waters, transportation of dangerous goods and special goods by sea, determination of hazardous and toxic waste, management of hazardous and toxic waste, navigation in sea transportation including aspects of shipping safety and security.

Pelanggaran Hak Asasi Manusia Terhadap Anak-Anak Dan Pertanggungjawabannya Menurut Hukum Internasional Elco, Urlialy; Wattimena, Josina Augustina Yvonne; Tuhulele, Popi
TATOHI: Jurnal Ilmu Hukum Vol 3, No 9 (2023): Volume 3 Nomor 9, November 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i9.1950

Introduction: A total of 169 of the total 181 ILO member states have ratified Convention No. 182 since its adoption in 1999. This means that these countries have committed to take immediate and effective action to prohibit and eliminate all forms of worst child labour. One of the ILO member countries that are committed is the Philippines.Purposes of the Research: The purpose of this study is to analyze and find out that human rights violations against children in the Philippines can be classified as crimes against humanity, to analyze and determine the responsibility of the perpetrators according to international law and, as one of the requirements in completing studies at the law faculty.Methods of the Research: The method used is a normative juridical research method with an analytical descriptive type, a process to find rules, principles, and legal doctrines in order to answer the legal information at hand.Results of the Research: The results showed that Human Rights Violations in the Philippines can be classified as human crimes because the types of crimes that can be classified as crimes against humanity, are: murder, extermination, slavery, deportation, exploitation and other inhumane acts committed against the civilian population, or persecution. on political, racial or religious grounds in the commission of or in connection with crimes within the jurisdiction of the Court. Because exploitation is a type of crime that can be qualified as a crime against humanity, the Human Rights Violations in the Philippines can be classified as human crimes. Perpetrators of sexual exploitation of children in the Philippines can be held accountable under international law because in international law perpetrators of sexual exploitation of children have violated human rights, especially regarding the Convention on the Rights of the Child. In addition, the Philippines has established special rules regarding human trafficking as stipulated in the Republic of Indonesia Law Number 9208 or known as the Anti-Trafficking Law in 2003.

Kebijakan Bebas Visa di Tengah Pandemic Covid 19 dan Implikasinya Bagi Stabilitas Nasional Indonesia Berdasarkan Hukum Keimigrasian Fitrah, Jihan; Peilouw, Johanis Steny Franco; Tuhulele, Popi
TATOHI: Jurnal Ilmu Hukum Vol 4, No 2 (2024): Volume 4 Nomor 2, April 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i2.2127

Introduction: The government is currently trying to reduce the spread of COVID-19 in various ways. The issuance of the Circular of the COVID-19 Handling Task Force is an effort to deal with the COVID-19 pandemic. Not only does it regulate the lives of citizens in the country, the government has also decided to close the door for foreigners from abroad to enter. The ban on the entry of foreigners has even been increased since January 1 2021 All foreigners are prohibited from entering Indonesian territory, except for some groups who are excluded such as foreigners with Limited Stay Permits (ITAS), Permanent Stay Permits (ITAP), and Service and Diplomatic Stay Permits.Purposes of the Research: To find out about how the visa-free policy is regulated in the midst of the Covid 19 pandemic based on immigration law and what are the implications for national stability based on the principle of selective policy.Methods of the Research: The research method used is normative juridical. by using (state approach) and (statute approach). And sources of primary, secondary and tertiary legal materials as well as literature studies, then analyzed qualitatively.Results of the Research: The results of this study indicate that the visa-free policy has so far been stopped temporarily until the Covid 19 pandemic is declared over by the government. We can see this in the current Minister of Law and Human Rights, namely Minister of Law and Human Rights Number 34 of 2021 concerning Granting Visas and Immigration Stay Permits during the Handling Period of the Spread of Corona Virus Disease 2019 and National Economic Recovery. Over time, on April 6, the Ministry of Law and Human Rights, in this case the Director General of Immigration, issued a new policy regarding granting Free Visit Visas for special tours and Visit Visas on Arrival/VoA specifically for tourism which are listed in the Director General of Immigration Circular Letter Number IMI-0603.GR.01.01 2022 regarding Immigration Facilities in the Context of Supporting Sustainable Tourism During the 2019 Corona Virus Disease Pandemic. In the circular letter, foreigners who are allowed to enter using visa-free are 9 ASEAN countries. The nine ASEAN countries are Brunei Darussalam, the Philippines, Cambodia, Laos, Malaysia, Myanmar, Singapore, Thailand and Vietnam.

Konsepsi Pengaturan Fosfor Putih Dalam Konflik Bersenjata Christopher Fallen, Andy; Anwar, Arman; Tuhulele, Popi
UNES Law Review Vol. 6 No. 3 (2024): UNES LAW REVIEW (Maret 2024)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i3.1853

In October 2023, there were several white phosphorus explosions fired by Israeli forces in a military operation over the Gaza city port and two rural locations along the Israel-Lebanon border. Israel-Lebanon border. The use of White Phosphorus as a weapon is in practice very lethal and torturous to both combatants and civilians. However, there is no regulation that implicitly prohibits the use of White Phosphorus in armed conflicts, resulting in the parties to the conflict using White Phosphorus. armed conflict, resulting in the parties warring parties can the use of White Phosphorus freely and resulted in great torment for people exposed to sparks from white phosphorus. This writing uses normative research methods explorative research method, with the problem approach The approaches used are statutory, conceptual, historical, and case approaches. Sources of legal material in this writing are primary legal materials, secondary, and tertiary legal materials. Technique technique of collecting legal materials using literature studies which are then analyzed qualitatively. qualitatively. From this research, it is concluded that based on the analysis Geneva Gas Protocol Conventional 1925, Chemical Weapons Convention of 1992, Protocol III of Convention on Certain Conventional Weapons 1980, the initial design of white phosphorus is not included in the categorization of white phosphorus. of white phosphorus is not included in the categorization of weapons in the three legal arrangements above. in the three legal arrangements above. However, based on reports related to the use of white phosphorus, two dangerous properties were found, namely, it contains toxic chemicals and causing burns. Based on the effects caused white phosphorus is ideally categorized as an incendiary weapon, supported by the opinion of the International Committee of Red Cross.

Penegakan Hukum Terhadap Pelanggaran Hak Asasi Manusia Ditinjau Dari Hukum Internasional Sahad, Indri Yulia; Tuhulele, Popi; Riry, Welly Angela
PATTIMURA Law Study Review Vol 2 No 1 (2024): April 2024 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v2i1.13691

ABSTRACT: Based on the Universal Declaration of Human Rights (UDHR) in article 18 which states "everyone has the right to freedom of thought, heart, conscience, religion, in this case it means the freedom to change religion or belief, by teaching it, practicing it, worshiping or obeying it, whether alone or together with other people, in public or alone.” China Sentences Uyghur Woman to 14 Years in Prison for Teaching Islam The Chinese government reportedly arrested and sentenced a Uyghur Muslim named Hasiyet Ehmet to 14 years in prison just for teaching Islam and keeping a copy of the Koran. The discussion that will be studied in this writing is to find out and analyze the forms of violations of Uighur Muslims by the Chinese government and to know and analyze the enforcement of International Human Rights law against the Chinese government, even though it has not ratified the 1998 Rome Statute. In accordance with the problems raised, then The type of research used in this writing is normative juridical legal research. Legal research is a process of discovering legal rules, legal principles and legal doctrines in order to answer the legal issues faced. This research uses a normative juridical research method, the nature of the research used is descriptive research, the problem approach used in the research is a statutory approach (statute opproach). Conceptual approach and case approach. The results of this research are expected to provide benefits both theoretically and practically. The results of this research are that violations committed by the Chinese government against the Uyghur community include violations of religious freedom, arbitrary detention, mass torture and ill-treatment, as well as increasingly widespread control over daily life. And human rights violations that occurred in China after the enactment of the ICC. This is for the UN Security Council to exercise its powers in adjudicating human rights violations in China.

Legal Status of Climate Refugees: Is it Regulated in International Law? Wattiheluw, Azmi Julifa; Anwar, Arman; Tuhulele, Popi
Uti Possidetis: Journal of International Law Vol 5 No 3 (2024): Oktober
Publisher : Faculty of Law, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/up.v5i3.33591

This paper analyses the phenomenon of climate refugees, people who migrate due to climate crisis in their home country and the determination of their legal status, rights, and protection within the international law legal framework. International law defines refugees as someone who is forced to leave their country due to persecution, war, or violence. Refugees have a well-founded fear of persecution because of race, religion, nationality, political opinion, or membership in a particular social group. The presence of climate refugees encourages an additional priority for those who are forced to leave their home country due to the climate crisis. This paper uses the normative legal research method to examine the International Law Instruments, books, theses, article, journals, websites, legal dictionaries, and encyclopedias, which are collected through normative qualitative legal analysis. The paper finds that there are several international legal arrangements that may provide protections for the climate refugees based on the context of human rights, where the climate refugees legal status are equalised as the refugees defined in the 1951 Refugee Convention.

Female Genital Mutilation dan Pertanggungjawabannya Menurut Hak Asasi Manusia Masuku, Akhmad Iqbal Jihad; Anwar, Arman; Tuhulele, Popi
TATOHI: Jurnal Ilmu Hukum Vol 4, No 9 (2024): Volume 4 Nomor 9, November 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i9.2490

Introduction: This study examines the practice of Female Genital Mutilation (FGM), involving cutting, scraping, or piercing female genital organs with the aim of partial or total removal, often based on cultural reasons. It is estimated that over 200 million women worldwide have undergone FGM.Purposes of the Research: The research evaluates whether FGM can be considered a violation of international Human Rights (HR) and whether countries and perpetrators of FGM can be held accountable under international law.Methods of the Research: Using a normative legal research method, focusing on international HR instruments such as the Convention on the Elimination of all forms of Discrimination Against Women (CEDAW).Results of the Research: The study finds that FGM is inconsistent with international HR values and can be categorized as a violation of HR against women. The study emphasizes the state's responsibility to protect women from this harmful practice and suggests the imposition of sanctions on perpetrators. However, it also highlights the complexity of addressing FGM due to variations in types and practices across different countries. Therefore, criminalization is not always seen as an ideal solution, stressing the need for a holistic approach that integrates health, cultural, and legal aspects. Efforts to prevent FGM are expected to align with international HR values without discriminating against specific cultures while preserving existing community traditions

Arrangements Concerning Reclamation and Their Legal Impacts in View from UNCLOS 1982 Tuhulele, Popi; Waas, Richard Marsilio; Makatita, Afrizal Anshari
SASI Volume 29 Issue 4, December 2023
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v29i4.1790

Introduction: Continuous development in a country automatically makes the country lack vacant land, and reclamation is one way to overcome this problem. Reclamation in its implementation has not been regulated in detail in the 1982 UNLCOS so it can cause problems in the future, such as what happened in the South China Sea where China carried out reclamation in the Spratly archipelago.Purposes of the Research: To find out and analyze reclamation arrangements in the 1982 UNCLOS and the impact of reclamation laws carried out by countries in terms of the 1982 UNCLOS.Methods of the Research: This study uses a normative juridical research type. By using the statutory approach, case approach, and conceptual approach. Management and analysis of legal material in this study use qualitative analysis.Results of the Research: The results showed that the 1982 UNCLOS did not regulate coastal reclamation, but there were several articles in the 1982 UNCLOS that related to coastal reclamation and could be used as a basis, namely Article 11, Article 12, Article 56, and Article 60. The impact of reclamation for the delimitation of sea areas between countries is that the state will take its own way of understanding and interpreting the contents of the convention for its own benefit, one of which is to carry out reclamation which can lead to delimitation disputes, especially in areas where an agreement on territorial boundaries has not been established as happened in reclamation disputes in the Spratly Islands. in the South China Sea by China.

Legal Counseling on the Determination of Coastal Area Rehabilitation Regulations and Environmental Responsibility Tuhulele, Popi; Waas, Armelia Febriyanti
AIWADTHU: Jurnal Pengabdian Hukum Volume 5 Nomor 1, Maret 2025
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/aiwadthu.v5i1.2500

Introduction: The importance of community service activities is that the academic world is obliged to provide education and legal understanding for the community. As a form of protection for citizens from all forms of discriminatory acts, it is the implementation of constitutional rights.Purposes of The Devotion: Coastal communities, especially those in Kampung Seri, Negeri Urimessing, understand the authority of institutions in regulating the determination of coastal area rehabilitation regulations and responsibility for the environment as well as to obtain suggestions and inputs from coastal communities directly that can be studied by the Government. Method of The Devotion: Community service activities through legal counseling are considered important to be carried out in order to provide legal understanding that legal tools in the form of regulations are very important to be held to ensure the protection of the environment and as a legal basis in rehabilitating areas that have experienced environmental damage, especially in coastal areas.Results Main Findings of the Devotion: Through this Community Service program, it is how to build legal awareness related to the importance of establishing regulations related to the rehabilitation of coastal areas as an effort to restore the environment as the responsibility of the community and the government. This activity involves the community and the government in the Urimessing Country, Ambon City. The problems examined in Community Service activities are closely related to the problems faced by the community today, with this community service activity it is expected to provide legal awareness and solutions about the importance of legal tools that function as an initial protection for the community and its environment to ensure sustainable environmental benefits.

The Practice of the Death Penalty in Middle Eastern Countries Reviewed from the Perspective of International Law Damura, Fahira Ode; Wattimena, Josina Augustina Yvonne; Tuhulele, Popi
Balobe Law Journal Volume 5 Issue 1, April 2025
Publisher : Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/balobe.v5i1.2414

Introduction: Issues surrounding the application of the death law are still a topic of concern, especially in the context of its implementation. The debate continues, especially between countries that have abolished the death penalty and countries that still apply it. Those who support the death penalty argue that this step is still necessary for cases of serious crimes that threaten other individuals' human rights.Purposes of the Research: To study and understand how the death penalty is carried out in Middle Eastern countries and also to study and understand the views of international law in minimizing the practice of the death penalty in Middle Eastern countries.Methods of the Research: This writing uses a normative juridical research method, with the problem approaches used being the statutory approach, conceptual approach and case approach. The sources of legal materials in this writing are primary, secondary and tertiary legal materials. The technique for collecting legal materials uses library research which is then analyzed qualitatively to answer the problems being studied.Results of the Research: The research results show the practice of the death penalty in Middle Eastern countries, especially Saudi Arabia, Iran and Egypt, as well as the suitability of its implementation with international legal instruments such as the ICCPR and UDHR. It found that although several countries have ratified these instruments, the practice of the death penalty often contravenes human rights principles, especially regarding the fairness of legal proceedings and the death penalty for the most serious crimes. To minimize the use of the death penalty, it is recommended that Middle Eastern countries carry out in-depth legal reforms, including abolishing the death penalty for non-serious cases and increasing dialogue with the international community to respect and protect human rights.

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