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All Journal PATTIMURA Law Study Review
Johanis Steny Franco Peilouw
Fakultas Hukum Universitas Pattimura, Ambon, Indonesia
Law, Crime, Criminology & Criminal Justice

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Konflik Tentara Nasional Indonesia Dengan Organisasi Papua Merdeka Joshua Victor Hendriko Simaela; Josina Augustina Yvonne Wattimena; Johanis Steny Franco Peilouw
PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 2023 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v1i1.10580

Abstract

The OPM conflict that occurred has been going on for quite a long time, since the differences of opinion between Indonesia and the Netherlands at the 1949 Round Table conference in international law have regulated the settlement of the dispute. Until now there are still shootouts between the Military Forces and OPM members. The purpose of this research is to find out if the TNI-OPM conflict can be qualified as a non-international conflict. To find out the resolution of the conflict according to international humanitarian law the research method used is normative juridical research. The problem approach used is a conceptual approach, statutory approach, historical approach, and case approach. The legal materials used are primary legal materials, secondary legal materials and tertiary legal materials. Collection of legal materials using literature and then analyzed using qualitative analysis methods. Based on the results of research and discussion that the conflict between the OPM and the TNI is a non-international armed conflict because the conflict occurs within the State of Indonesia itself, even though this conflict is non-international in nature, the resolution itself has been regulated in international law based on the 1899 and 1907 Hague Conventions, The 1949 Geneva Convention and the 1977 Additional Protocol to its settlement can be carried out peacefully by way of negotiation, mediation, good offices and fact finding, arbitration and judicial settlement.
Hak Penuntutan Perserikatan Bangsa-Bangsa Berdasarkan Hukum Internasional Piternely Matitaputty; Popi Tuhulele; Johanis Steny Franco Peilouw
PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 2023 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v1i1.10586

Abstract

ABSTRACT: The United Nations (UN) is one of the most important international organizations today. A security officer at the UN representative office in Guzara District, Herat Province when the building became the target of an attack in the middle of a battle between the Taliban militia group and Afghan troops. The purpose of this research is to know and analyze the arrangements for UN employees serving on the territory of member countries according to the UN Charter and to find out whether the UN can legally prosecute the killing of UN employees. The method used is a normative juridical research method using a statutory approach, a conceptual approach as well as a case approach. The results of this study explain that the regulation of cases of murder of UN employees serving in an area is the most important matter according to international law, the UN in this case an international organization must guarantee in upholding the case.
Penegakan Hukum Dalam Melindungi Sumber Kekayaan Alam Laut Dan Akibat Hukumnya Menurut UNCLOS 1982 Wahyuni Thovyan; Johanis Steny Franco Peilouw; Yanti Amelia Lewerissa
PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 2023 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v1i1.10591

Abstract

Marine natural resources as stipulated in Articles 192 and 193 of UNCLOS 1982 make the community and may not do so. But there are still things to do, like one example of the case where baby lobsters were taken and explored in the Aru Islands area. the problem of the case that there were found two things, namely what are the arrangements regarding the obligations of the state and law enforcement in protecting marine natural resources, with the aim of knowing the two things that are the problem, which uses normative juridical methods with the Statute Approachh, Case Approachh, and Conceptual approaches Approach and using primary, secondary and tertiary legal materials. The results of this study indicate that, the regulation regarding state obligations is the fulfillment of the elements and responsibilities carried out. Then from law enforcement in protecting marine natural resources according to existing regulations and implemented according to applicable law, if applicable regulations are violated then there are sanctions for people who violate applicable regulations which have been regulated and given permission in the sale of buy the baby lobster if it comes in at the size specified by the permit then it can be exported out if otherwise it is not in accordance with the rules of the permit then anyone who violates it will be subject to criminal sanctions.
Co-Authors Joshua Victor Hendriko Simaela Josina Augustina Yvonne Wattimena Piternely Matitaputty Popi Tuhulele Wahyuni Thovyan Yanti Amelia Lewerissa