Wilshen Leatemia
Fakultas Hukum Universitas Pattimura, Ambon, Indonesia

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Pelanggaran Hak Asasi Manusia Perempuan Dan Tanggung Jawab Negara Vrenses Batuwael; Irma Halima Hanafia; Wilshen Leatemia
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.v1i1.10589

Abstract

ABSTRACT: Human rights and freedoms, especially women are limited, as well as discrimination against women in the Taliban, Afghanistan. In this case women are prohibited from being active in all fields, even to get education is also prohibited by the state. In fact, women were encouraged to leave government, in addition women are also prohibited from traveling to public places without being accompanied by a man, must cover themselves in public places and other things that aim to limit women's rights. The research method used in analyzing and discussing problems is normative. This research is focused with the aim of analyzing the non-fulfillment of women's human rights as a result of discrimination that can be qualified as a human rights violation, as well as the state's responsibility in fulfilling women's human rights whose rights are violated. The results of the study state that violations of women's human rights in Afghanistan due to discrimination can be said to be human rights violations because they violate the basic principles of the Universal Declaration of Human Rights and CEDAW. In terms of the Taliban abusing their power by making policies without respecting women's human rights. Afghanistan is trying to protect the fulfillment of women's human rights whose rights have been violated, by ratifying CEDAW, forming a political mission with the United Nations, namely UNAMA, forming the EVAW Law, and working with international organizations such as UNIFEM, then replaced by UN Women. And if the state cannot deal with violations of women's human rights, as well as provide justice. So the prosecution of human rights violators is part of the jurisdiction of the International Criminal Court through the security council acting under Chapter VII of the UN Charter.
Hukum Udara Internasional Dalam Kasus Salah Tembak Pesawat Komersial Ukraina Akibat Penembakan Iran Ditinjau Dari Hukum Internasional Dan Konvensi Chicago 1944 Domas Tomaula; Irma Halima Hanafi; Wilshen Leatemia
PATTIMURA Law Study Review Vol 1 No 2 (2023): Desember 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.v1i2.11779

Abstract

International air law is a collection of regulations made only by a country, which originates from agreements made not only between one country but two or more countries. This agreement can be written and implemented, namely by having a common understanding based on history, so that it has become a common habit that must be accepted. The research method used is normative juridical. Using problem approaches such as the conceptual approach, statutory approach and case approach. Meanwhile, the sources of legal materials used are primary, secondary and tertiary sources of legal materials. The collection of legal materials was carried out by means of a literature study, then analyzed qualitatively. The results of the research show that the regulations for the shooting down of commercial aircraft have been regulated based on International Air Law and the 1944 Chicago Convention article 1 and article 3 bis, countries whose airspace is passed by civil aircraft must guarantee the safety of civil aircraft by establishing a no-fly zone if something is happening in the country's airspace and it is not possible for civil aircraft to pass through as well as providing clear flight navigation so as to guarantee the safety and security of civil aircraft passing through the country's airspace. Iran's form of responsibility for shooting down planes in war is regulated in the 1944 Chicago Convention and other conventions. Iran must take full responsibility for this shooting because it did not establish a no-fly zone when in conflict. In the future, it is necessary to emphasize state responsibility for international civil aviation routes and increase cooperation with various parties so that safety and security in international flights can be achieved.