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All Journal TATOHI: Jurnal Ilmu Hukum
Marthinus Kainama
Fakultas Hukum Universitas Pattimura, Ambon
Law, Crime, Criminology & Criminal Justice

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Pengelolaan Sumber Daya Alam dan Akibat Hukum Bagi Lingkungan Hidup Perspektif Hukum Lingkungan Internasional Adjeng C M Tethool; Josina Augustina Yvonne Wattimena; Marthinus Kainama
TATOHI: Jurnal Ilmu Hukum Vol 2, No 10 (2022): Volume 2 Nomor 10, Desember 2022
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i10.1437

Abstract

Introduction: Management of natural resources that is not in accordance with international problems such as air pollution. Pollution that occurs in the air environment due to forest fires that occurred in Indonesia, especially in 2019 in Riau Province, is not in line with the principles of international environmental law.Purposes of the Research: The purpose of this research is to analyze and find out about the prevention of air pollution and the legal consequences of managing natural resources that pollute the air environment based on international environmental law. Methods of the Research: The research method in this study is a normative legal research, using a law approach and a conceptual approach. Sources of research data include primary, secondary, tertiary legal sources. Data collection techniques in the form of literature study. Processing and analysis of legal materials used in writing is using qualitative analysis method.Results of the Research: I The results of this study that the management of natural resources is carried out not in accordance with the principles of international law, causing air pollution which has a negative impact on the State of Indonesia and also for the State of Malaysia, Singapore. From this research, it is also not allowed to take preventive action through supervision carried out through the government of the State of Indonesia.
Perlindungan Penduduk Sipil Dari Kelompok Kriminal Bersenjata Di Provinsi Papua Ditinjau Dari Hukum Humaniter Internasional Chrisdian Balandina Hitipeuw; Marthinus Kainama; Richard Marsilio Waas
TATOHI: Jurnal Ilmu Hukum Vol 2, No 11 (2023): Volume 2 Nomor 11, Januari 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i11.1446

Abstract

Introduction: Civil protection in Papua Province from Armed Criminal Groups (KKB) must be a serious concern, considering the cruel actions carried out by the KKB starting from shootings, persecution, arson and various other forms of crime that have caused casualties and property that have continued since to year.Purposes of the Research: to know the regulation of non-international armed conflict and how to protect the civilian population from KKB in Papua Province. Methods of the Research: This legal research, the author uses normative research. That is, a study that primarily examines positive legal provisions, legal principles, and legal doctrines to answer legal questions faced.Results of the Research: The results show that the regulation of non-international armed conflicts can be found in the Geneva Convention of 1949 article 3 regarding armed conflicts that are not international in nature in which one of the major participants is required to comply with the provisions regarding protected persons in the event that they are not actively engaged in hostilities. Furthermore, regarding the protection of the civilian population in Papua Province based on a review of humanitarian law so far it cannot be applied, because the conflict conditions in Papua Province cannot yet be categorized as non-international conflicts, but are classified as situations of domestic security disturbances or internal disturbances and tensions. Thus national law and international human rights law apply.
Pertanggungjawaban Negara China Akibat Pencemaran Di Laut China Selatan Dalam Prespektif Hukum Lingkungan Internasional Jenesya Susye Matakena; Marthinus Kainama; Veriana Josepha Batseba Rehatta
TATOHI: Jurnal Ilmu Hukum Vol 3, No 1 (2023): Volume 3 Nomor 1, Maret 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i1.1549

Abstract

Introduction: One of the satellite imagery analysis companies, Head Of Simularty, based in the United States, found that there has been pollution to the marine environment in the South China Sea area, precisely in the Spratly Islands, namely the coral island of Whitsun Reef which is still part of the Exclusive Economic Zone of the Philippines.Purposes of the Research: Aims to find out and analyze the regulation of international law on pollution in the South China Sea and to find out and analyze the form of accountability of the Chinese State due to marine pollution carried out under international environmental law. 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 China had violated international environmental law obligations as stipulated in the Stockholm Declaration 1972, Rio Declaration 1992, UNCLOS 1982 and MARPOL 73/78. Furthermore, marine pollution carried out by the State of China in the territory of the Exclusive Economic Zone of the Philippine State has opposed the provisions of international environmental law as stipulated in the 1972 Stokcholm Declaration and UNCLOS 1982 which states that it prohibits any country from taking acts of pollution against the environment against both its own territory and in the jurisdiction of other countries. Therefore, it is necessary to have accountability efforts that must be carried out due to the pollution actions carried out.
Tinjauan Hukum Terhadap Masuknya Kapal Nelayan Asing di ZEE Indonesia Berdasarkan UU No. 5 Tahun 1983 Tentang ZEE Avan Caezhar Prayugo; Marthinus Kainama; Arman Anwar
TATOHI: Jurnal Ilmu Hukum Vol 3, No 3 (2023): Volume 3 Nomor 3, Mei 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i3.1586

Abstract

Introduction: The EEZ has the greatest natural wealth potential for Indonesia, so the Indonesian government issues various types of legal products to secure and protect and enforce the law in Indonesian waters, especially in the EEZ area.Purposes of the Research: To analyse the regulation of the entry of foreign fishing vessels in the Indonesian EEZ which is contrary to Law Number 5 of 1983 concerning the EEZ, and to analyze the Security and Supervision of Foreign Fishing Vessels in the Indonesian EEZ based on Law Number 5 of 1983. 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 show that the entry of foreign-flagged fishing vessels in the Indonesian EEZ is not prohibited because it is not an Indonesian sovereign territory so that foreign vessels have the right to freedom of navigation in the EEZ, but when in their voyage they carry out prohibited activities such as exploration and exploitation of natural resources. biological and non-biological resources found on the seabed and the soil below it as well as the water column and water space above it (without a permit) is an act of violating the law in Indonesia's EEZ (Article 13 of Law Number 5 of 1983). Securing and supervising foreign fishing vessels in the Indonesian EEZ must be carried out in a synergistic and coordinated manner between the TNI-AL, BAKAMLA and POLRI as well as other authorities in accordance with their respective roles and duties.
Co-Authors Adjeng C M Tethool Arman Anwar Avan Caezhar Prayugo Chrisdian Balandina Hitipeuw Jenesya Susye Matakena Josina Augustina Yvonne Wattimena Richard Marsilio Waas Veriana Josepha Batseba Rehatta