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All Journal Unes Law Review Uti Possidetis: Journal of International Law TATOHI: Jurnal Ilmu Hukum AIWADTHU: Jurnal Pengabdian Hukum Balobe Law Journal PATTIMURA Law Study Review SASI
Popi Tuhulele, Popi
Fakultas Hukum Universitas Pattimura Ambon
Education Law, Crime, Criminology & Criminal Justice Physics Public Health Social Sciences

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Perlindungan Hukum Terhadap Tenaga Kerja Migran Menurut Hukum Internasional Matitakapa, Owen Agustio; Tuhulele, Popi; Waas, Armelia Febriyanti
PATTIMURA Law Study Review Vol 3 No 1 (2025): April 2025 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v3i1.19705

Abstract

This research examines international legal protection for Indonesian Migrant Workers (PMI) abroad, focusing on the implementation of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (Migrant Convention 1990). The research background is based on the increasing complexity of Indonesian migrant worker issues, particularly since the economic crisis. Limited domestic job opportunities have driven an increasing number of Indonesian workers to migrate abroad to improve their quality of life. However, this phenomenon is not without various risks of rights violations, such as exploitation, forced labor, and physical violence experienced by migrant workers. The study aims to analyze the effectiveness of international and national legal frameworks in providing comprehensive protection for Indonesian Migrant Workers. The case study, such as Debby's experience in Malaysia, illustrates the complexity of problems faced by Indonesian Migrant Workers in destination countries. The research methodology employs a juridical-normative approach, examining various international legal instruments, national legislation, and the role of government institutions like the Indonesian Migrant Workers Protection Agency (BP2MI) and the Ministry of Foreign Affairs in providing protection. The results of the study show that the 1990 Migrant Convention provides a comprehensive protection framework for the basic rights of migrant workers and their families as regulated in Articles 8 to 35. This protection includes the right to life, freedom from torture, freedom of expression, freedom of religion, and access to justice and legal aid. At the national level, Indonesia has adopted these protection principles through Law No. 18 of 2017, which provides a legal basis for the protection of Indonesian Migrant Workers (PMI). The protection mechanism can be carried out through bilateral diplomatic channels or by submitting cases to international courts if necessary.
Strategi Perang Menurut Hukum Humaniter Internasional: Legalkah Metode Blokade? Jazirah, Hardinna Putri; Tuhulele, Popi; Riry, Welly Angela
Uti Possidetis: Journal of International Law Vol 3 No 3 (2022)
Publisher : Faculty of Law, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/up.v3i3.19279

Abstract

This article discusses the legality of using the blockade method in armed conflict and its legal implications as a war strategy according to International Humanitarian Law. The purpose of this paper is to find out how the use of blockades of a legal nature and its implementation in accordance with Humanitarian Law.  As a method of war, blockade is often used in armed conflict to be a method that is not in accordance with international law sources because it can cause losses and casualties. In fact, there are many regulations governing the blockade including the Declaration of Paris 1856 which explains the effectiveness of the blockade, the Declaration of London 1909 which regulates the guarantee of the rights of neutral countries, the 1949 Geneva Conventions which also regulates provisions regarding the delivery of humanitarian aid during the blockade in conflict areas, the 1994 San Remo Manual which regulates the legal conditions for applying the blockade. In addition, this regulation is also often used by legal experts to express their opinions regarding the blockade so that it becomes the primary reference source for judges to find the law. Therefore, to complete the blockade provisions, the role of international organizations is needed to provide supervision, provide strict sanctions and the importance of state party commitments in implementing the blockade method.
Konsepsi Pengaturan Fosfor Putih Dalam Konflik Bersenjata Christopher Fallen, Andy; Anwar, Arman; Tuhulele, Popi
UNES Law Review Vol. 6 No. 3 (2024)
Publisher : Universitas Ekasakti

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

Abstract

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.
Penerapan Prinsip Non Intervensi Dalam Hukuman Mati Terhadap Warga Negara Asing Wa Djuhardi, Fitri Maryam; Tuhulele, Popi; Daties, Dyah Ridhul Airin
PATTIMURA Law Study Review Vol 2 No 3 (2024): Desember 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.v2i3.23319

Abstract

The ASEAN Charter has clear rules regarding respect for the principle of non-intervention. There is a misunderstanding between the application of the principle of non-intervention and the state responsibility, such as in cases relating to foreign nationals, namely the postponement of the execution of the death penalty against Mary Jane as a Philippine citizen. This raises questions regarding the actions of the Philippine government in handling the problems of its citizens in Indonesia which are considered acts of intervention because they contradict the determination of the death penalty verdict that has permanent legal force. The problems studied include: first, how is the regulation of the principle of non-intervention according to International Law. Second, whether the diplomatic efforts made by the State of the Philippines related to the postponement of the execution of the death penalty against its citizens is an act of violation of the principle of non-intervention. This research uses normative juridical method to find out whether the efforts made by the State of the Philippines is an act of violation of the principle of non-intervention according to International Law. From the research conducted, the conclusion follows that the principle of non-intervention is a principle relating to foreign subjects, meaning that the government must avoid intervening in a country's jurisdiction, but on this side must maintain diplomatic relations. As the Philippine government has done, by submitting appeals, cassations, clemency applications to judicial review. This is the Philippines' responsibility to protect its citizens, while the Indonesian government also has the responsibility to protect national interests. To balance the principle of non-intervention with the interests of cooperative relations in the form of diplomacy can be done by making national policies that have the opportunity to alleviate the death penalty sanctions for certain crimes such as drug crimes.
Prosedur Penerbangan Pesawat Terjadwal Dan Pelanggarannya Ditinjau Dari Konvensi Chicago 1944 Soumeru, Christi M P; Tuhulele, Popi; Hanafi, Irma Halima
PATTIMURA Law Study Review Vol 2 No 2 (2024): Agustus 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.v2i2.23835

Abstract

Airspace violations by foreign aircraft according to international law are emphasized in several conventions and international agreements, one of which is the 1944 Chicago Convention on civil aviation. As in the case that occurred in 2019, where South Korea violated North Korea's airspace, the 1944 Chicago Convention also asserts that foreign state aircraft are not allowed to fly over or land in the territorial territory of another state without authority based on a special agreement or similar from the underlying state. The research method used is normative juridical. In processing and analyzing legal materials, the first step involves qualitative examination of collected primary, secondary, and tertiary legal materials, which are then categorized. These legal materials are reviewed using applicable international conventions to obtain a synchronized picture of all legal materials. Once the legal materials are synchronized with one another, they are further analyzed to address the issues raised in this writing. The research results indicate that the regulation of scheduled aircraft flight procedures is governed by the 1944 Chicago Convention, whereby a country whose airspace is traversed by scheduled commercial civil aircraft must ensure the safety of such civil aircraft. Several steps must be followed by the state party to prevent airspace violations by foreign aircraft, including issuing warnings, intercepting or intercepting the aircraft, and conveying relevant information regarding the warning to the scheduled aircraft such as aircraft identification, flight type, route taken, purpose of arrival, and so on. The form of state responsibility for North Korea's warning shots and firing at South Korea's commercial aircraft (Korean Airlines) is regulated under the 1944 Chicago Convention and other conventions.
Pendudukan Wilayah Oleh Negara Musuh dan Pelaksanaan Referendum Salampessy, Sal Sabila; Tuhulele, Popi; Daties, Dyah Ridhul Airin
PATTIMURA Law Study Review Vol 3 No 2 (2025): Agustus 2025 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v3i2.24018

Abstract

Occupation is a form of sovereignty enforcement over a territory that is not under the control of another state, and the UN Charter prohibits the acquisition of territory by force. The referendum conducted by Russia in Ukrainian territory constitutes a violation of Article 2(4) of the UN Charter, UN General Assembly Resolution Number 2625 of 1970, and UN General Assembly Resolution Number 2131 of 1965 on the prohibition of intervention in the internal affairs of other states. The principle of self-determination through a referendum should be conducted without external interference and in accordance with international law. This research employs normative legal methods with case and legislative approaches to examine the regulations regarding referendums in international law and the feasibility of conducting them in enemy-occupied territories. The findings indicate that a referendum cannot be lawfully conducted in an enemy-occupied territory as it violates fundamental principles of state sovereignty, territorial integrity, and the non-intervention principle in international law. Concrete examples, such as the referendums conducted by Russia in Crimea and the regions of Donetsk, Lugansk, Kherson, and Zhaporizhia, illustrate violations of international law, with the results of these referendums being legally unrecognized by the international community.
Co-Authors Arman Anwar Christopher Fallen, Andy Damura, Fahira Ode Djunaidi, Muhamad Renaldy Dyah Ridhul Airin Daties Elco, Urlialy Fitrah, Jihan Halima Hanafi, Irma Jazirah, Hardinna Putri Makatita, Afrizal Anshari Masuku, Akhmad Iqbal Jihad Matitakapa, Owen Agustio Peilouw, Johanis Steny Franco Riry, Welly Angela Sahad, Indri Yulia Salampessy, Sal Sabila Soumeru, Christi M P Wa Djuhardi, Fitri Maryam Waas, Armelia Febriyanti Waas, Richard Marsilio Wattiheluw, Azmi Julifa Wattimena, Josina Augustina Yvonne