Articles
<![CDATA[Peran Masyarakat Adat Dalam Menjaga Dan Melestarikan Lingkungan Hidup ]]>
<![CDATA[Noya, Ekberth Vallen]]>
<![CDATA[ Balobe Law Journal Volume 3 Issue 2, October 2023 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Pattimura ]]>
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DOI: 10.47268/balobe.v3i2.1833
<![CDATA[Introduction: This article outlines an analysis of the role of indigenous communities in protecting and preserving the environment through the traditional Kewang institution, so that the implementation of Sasi can run well.Purposes of the Research: The purpose of this article is to look at the role of indigenous communities in protecting and preserving the environment based on applicable customary law.Methods of the Research: The method used in this research is normative juridical which focuses on the main law by examining theories, concepts, legal principles and statutory regulations related to this research.Results of the Research: Environmental awareness is awareness that arises from an understanding of the relationship between humans and their environment. Awareness that humans are an integral part that cannot be separated from their environment is the key to successful environmental management. Through this understanding, on the one hand, it is hoped that good and healthy environmental quality will be realized as one of the constitutional rights of citizens as regulated in Article 28H of the 1945 Constitution. Community participation as an effort to protect the law can be seen in the applicable regulations. Indigenous communities in their role of protecting the environment, the Kewang institution has a big role, through Sasi, the kewang can carry out the function of protecting and preserving the environment.]]>
<![CDATA[Legal Democratization of the Existence of Indigenous Peoples ]]>
<![CDATA[Noya, Ekberth Vallen]]>
<![CDATA[ Batulis Civil Law Review Vol 4, No 1 (2023): VOLUME 4 ISSUE 1, MAY 2023 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Pattimura ]]>
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DOI: 10.47268/ballrev.v4i1.1518
<![CDATA[This article describes the position of indigenous peoples who are starting to be marginalized due to the democratization process of existing laws. This article aims to show how far the process of legal democratization has progressed so that indigenous peoples are often marginalized while the law should uphold human rights. The research method used is the normative research method, and the research approaches used are the statute approach, the conceptual approach, and the analytical approach, so that they can help examine and find good research results. The democratic method begins with the freedom of the right to vote, which allows every citizen to participate in making political decisions. Each participant has equal rights in determining their own choices and also has the opportunity to be elected. The principle of a majority vote is essential to reaching decisions in the concept of democracy. "Democracy" contains three phenomena at once, namely political phenomena (power), ethical phenomena (moral teachings), and legal phenomena, which mutually form this theory with a theoretical basis that firmly rejects the authoritarian and totalitarian (political) order of power. It is based on this method that the rights and customs of indigenous peoples are increasingly marginalized.]]>
<![CDATA[Penyelesaian Tindak pidana Ringan melalui Restorative Justice Conferencing Initiative ]]>
<![CDATA[Noya, Ekberth Vallen]]>;
<![CDATA[Walakutty, Ade]]>
<![CDATA[ SANISA: Jurnal Kreativitas Mahasiswa Hukum Vol 4, No 1 (2024): Volume 4, Nomor 1, April 2024 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/sanisa.v4i1.2164
<![CDATA[Introduction: Indonesia is a country that upholds the law, so Indonesia is called a country of law. This is clearly stated in Article 1 paragraph (3) of the 1945 Constitution of the Republic of Indonesia, the formulation of which is "The State of Indonesia is a state of law". Legal/legitimate law. Therefore, everything in Indonesia is regulated by law, one of which is criminal law. Criminal law is the law that regulates violations and crimes against the public interest, actions which are threatened with punishment if someone suffers or sends a message.Purposes of the Research: To carry out a law reform to become a better IndonesiaMethods of the Research: This type of research is normative, namely doctrinal legal research or theoretical legal research. It is called normative legal research because what is studied is law from a theoretical or normative aspect, not to examine the applied or implementation aspects. The approach used is philosophical.Results of the Research: Restorative Conferencing Initiatives are not new in Indonesia. Long before this country became independent, indigenous community groups had resolved legal problems using Restorative Conferencing Initiatives. It's just that in order to name it according to developments in the legal world, we are familiar with the term Restorative Conferencing Initiatives. The resolution process varies, according to the prevailing habits and social system in that community group. The implementation of the restorative conference initiative in Indonesia has started at the family level of indigenous groups and other social environments. The position of the restorative conference initiative is at the pre-adjudication stage and involves victims of perpetrators and parties who feel disadvantaged in an indigenous community group. The important role of families and community leaders is needed in this resolution process. ]]>
<![CDATA[Implementasi Konvensi Hak-Hak Anak 1989 ( United Nations Convention On the Right of the Child ) Terhadap Pelanggaran Hak Asasi Anak Di Belarusia ]]>
<![CDATA[Sinay, Susan Laura]]>;
<![CDATA[Wattimena, Josina Augustina Yvonne]]>;
<![CDATA[Noya, Ekberth Vallen]]>
<![CDATA[ SANISA: Jurnal Kreativitas Mahasiswa Hukum Vol 5, No 1 (2025): Volume 5, Nomor 1, April 2025 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/sanisa.v5i1.3025
<![CDATA[Introduction: Child protection is all efforts made to create conditions so that every child can exercise their rights and obligations for the proper development and growth of children physically, mentally and socially. Child protection is a manifestation of justice in a society, thus child protection is sought in various fields of state and social life. Child protection activities have legal consequences, both in relation to written and unwritten law The Convention of Rights of the Child was ratified by the United Nations General Assembly on November 20, 1989, and entered into force on September 2, 1990. The Convention on the Rights of the Child is an instrument that formulates universal principles and legal norms regarding the position of children. As such, the Convention on the Rights of the Child is an international human rights treaty that incorporates civil, political, economic and cultural rightsPurposes of the Research: Analyze and discuss the form of sanctions against perpetrators of violations of children's rights in Belarus and analyze and discuss the regulation of the protection of children's rights based on the 1989 United Nations Convention on the Rights of the Child.Methods of the Research: This type of research is normative juridical where the research is carried out by collecting primary, secondary and tertiary data obtained using literature studies. The data that has been collected is analyzed qualitatively in which the description is arranged systematically based on legal disciplines to achieve clarity of the problems to be discussed.Results / Findings / Novelty of the Research: The results of this study indicate that violations of children's rights in Belarus that have occurred have not been responded to properly, the State as an actor has not yet carried out its role and function as a protector of its citizens. The perpetrators of violations have not yet been prosecuted, therefore it is necessary to affirm human rights observers to continue to oversee violations of children's rights that occur in Belarus]]>
<![CDATA[Responsibility of States, Individuals and Legal Entities Towards Marine Pollution ]]>
<![CDATA[Riry, Welly Angela]]>;
<![CDATA[Waas, Armelia Febriyanti]]>;
<![CDATA[Leatemia, Wilshen]]>;
<![CDATA[Hattu, Vondaal Vidya]]>;
<![CDATA[Noya, Ekberth Vallen]]>
<![CDATA[ Balobe Law Journal Volume 5 Issue 1, April 2025 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Pattimura ]]>
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DOI: 10.47268/balobe.v5i1.2983
<![CDATA[Introduction: Marine environmental pollution is a global concern today because it has an impact on environmental sustainability and the use of marine resources. This problem not only affects the national interests of coastal countries, but also has implications for the welfare of all mankind.Purposes of the Research: Examine and analyze regulations on the protection of the marine environment from pollution, as well as the responsibility of the state, legal entities, and even individuals for marine pollution.Methods of the Research: This research is a normative research using a legislative approach with the sources of legal materials used are primary, secondary and tertiary legal materials with qualitative analysis.Results of the Research: Pollution of the marine environment is a global challenge that requires international cooperation. UNCLOS 1982 has established rules regarding the responsibilities of states, legal entities, and individuals in efforts to prevent, reduce, and handle marine pollution. Along with the increasing exploitation of marine resources, both in the energy and transportation sectors, the risk of pollution, especially due to oil spills, is getting higher. Therefore, national regulations that are aligned with international standards are needed to ensure the sustainable protection of the marine environment as well as effective accountability and compensation mechanisms for affected parties.]]>
<![CDATA[Pengaturan Dan Pemenuhan Hak Pendidikan Anak Anak Pengungsi Di Negara Transit Berdasarkan Hukum Internasional ]]>
<![CDATA[Siahaya, Brian S]]>;
<![CDATA[Wattimena, Josina Augustina Yvonne]]>;
<![CDATA[Noya, Ekberth Vallen]]>
<![CDATA[ PATTIMURA Law Study Review Vol 3 No 1 (2025): April 2025 PATTIMURA Law Study Review ]]>
Publisher : <![CDATA[Faculty of Law Universitas Pattimura ]]>
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DOI: 10.47268/palasrev.v3i1.19702
<![CDATA[Since the completion of the international convention on refugees (Convention Relating To The Status Of Refugees) in 1951 plus the 1967 protocol (Protocol Relating To The Status Of Refugees), until now Indonesia has not ratified the Convention into a form of legislation due to several obligations that according to the government are still not possible to ratify the convention. This type of research is normative juridical where the research is conducted by collecting primary, secondary and tertiary data obtained using literature studies. The collected data is analyzed qualitatively, the description of which is arranged systematically based on legal disciplines to achieve clarity on the problems to be discussed. The results of this study indicate that transit countries are required to provide protection for children trapped in migration or refugee situations. Article 3: States that every decision taken regarding children must prioritize the best interests of the child. Transit States must ensure that any policies or measures they take do not harm children in their care or custody, Articles 28 and 24 Transit States must ensure children’s access to education and health services, even if they are migrants or refugees. Refugee children have the right to an adequate education, and transit States must provide such access without discrimination, and the 1951 Convention relating to the Status of Refugees and its 1967 Protocol require States not to return individuals who are at risk of harm, including children. In transit States, if a child is at risk of abuse, exploitation or other threats in their country of origin, they should not be returned.]]>
<![CDATA[Sasi Labuang (Petuanan Negeri) sebagai Bentuk Perlindungan Terhadap Biota Laut Di Negeri Adat ]]>
<![CDATA[Noya, Ekberth Vallen]]>
<![CDATA[ BAMETI Customary Law Review Vol 1 No 2 (2023): Desember 2023 BAMETI Customary Law Review ]]>
Publisher : <![CDATA[Pusat Kajian Pesisir dan Masyarakat Hukum Adat Fakultas Hukum Universitas Pattimura ]]>
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DOI: 10.47268/bameti.v1i2.11175
<![CDATA[Sasi is a community tradition that has substantive legal value, namely it is a temporary prohibition against taking forest or marine products until a certain time. Sasi can be said to have legal value, because it has norms or rules relating to methods, customs, codes of conduct and customs which contain elements of ethics and norms. All maintenance of natural resources is supervised by traditional institutions such as kings, soa heads, saniri, kewang and marinyo. However, those who play a more important role in maintaining these natural resources are the kewang and the kewang's children who function as forest rangers. Kewang plays an important role, because it is one of the elements of government which is tasked with protecting the environment both on land and at sea from the hands of irresponsible people. Sasi is a tradition that is still well maintained to this day in several existing traditional countries. in Maluku, the same thing happens in Hulaliu country, where sasi still exists, but is used for plant sasi, such as Coconut Tree sasi. In preserving the environment, currently there is a lot of environmental damage due to the actions of irresponsible people. The sasi custom can play a role in preventing this. Sasi is a combination of custom and religion and sasi is also a sacred custom.]]>
<![CDATA[Hukum Molo Batu: Bentuk Penyelesaian Sengketa Dalam Kelompok Masyarakat Ada ]]>
<![CDATA[Noya, Ekberth Vallen]]>
<![CDATA[ BAMETI Customary Law Review Vol 2 No 1 (2024): Juni 2024 BAMETI Customary Law Review ]]>
Publisher : <![CDATA[Pusat Kajian Pesisir dan Masyarakat Hukum Adat Fakultas Hukum Universitas Pattimura ]]>
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DOI: 10.47268/bameti.v2i1.13570
<![CDATA[A customary law community is an arrangement of customary law associations whose members are bound by territorial and genealogical factors. Legal experts in the Dutch East Indies era gave the understanding that a territorial customary law community was a permanent and orderly community, which was bound to a certain area, both in worldly terms as a place of life and in spiritual terms as a place of worship for ancestral spirits. . Recognition and respect for the existence of customary justice can be seen through article 18 B paragraph 2 of the 1945 Constitution. Article 18 B paragraph 2 of the 1945 Constitution. The State recognizes and respects customary law community units and their traditional rights as long as they are still alive and in accordance with the development of society and principles of the Unitary State of the Republic of Indonesia, which are regulated in law. The law of Molo (Diving) Batu is a custom of indigenous peoples that occurs in Hulaliu Country, Huaruku Island District. Molo Batu is a traditional procession to resolve land boundary disputes. Usually the Molo Batu procession is the end of the stages taken by the traditional institutions of Hulaliu Country, where the procession resolves land disputes. is the same as traditional institutions in general, where it starts with mediation, gathering evidence, reviewing the location or what is usually called pulling the chain (chain) at the boundary, decision making by Upu Pati Launusa (King) and Saniri, if one party feels they are not benefiting then will continue with the Molo Batu customary law.]]>
<![CDATA[Masyarakat Adat Dan Perilaku Yang Dapat Mengancam Kerusakan Lingkungan ]]>
<![CDATA[Noya, Ekberth Vallen]]>
<![CDATA[ BAMETI Customary Law Review Vol 2 No 2 (2024): Desember 2024 BAMETI Customary Law Review ]]>
Publisher : <![CDATA[Pusat Kajian Pesisir dan Masyarakat Hukum Adat Fakultas Hukum Universitas Pattimura ]]>
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DOI: 10.47268/bameti.v2i2.15960
<![CDATA[A customary law community is an arrangement of customary law associations whose members are bound by territorial and genealogical factors. Legal experts in the Dutch East Indies era gave the understanding that a territorial customary law community was a permanent and orderly community, which was bound to a certain area, both in worldly terms as a place of life and in spiritual terms as a place of worship for ancestral spirits. . Customary law is a rule of human custom in living in society. Since humans started families, they have arranged their lives and those of their family members according to their habits. So, seen from the development of human life, the emergence of law starts from the human person which continues to develop into habits and customs which become the customs of a society. Gradually, the community or community groups make this custom a custom that should apply to all members of society, so that it becomes "customary law". Environmental management, including prevention, control of damage and pollution as well as restoration of environmental quality, has required the development of various tools, policies and programs as well as activities supported by environmental management support systems. Community participation is basically a process that involves the community, generally known as community participation. namely a two-way communication process that takes place continuously to increase the public's full understanding of an activity process, where environmental problems and needs are being analyzed.]]>
<![CDATA[Fungsi Kewang Dalam Mencegah Abrasi Pantai Dan Kerusakan Lingkungan Wilayah Pesisir Negeri Adat ]]>
<![CDATA[Noya, Ekberth Vallen]]>
<![CDATA[ BAMETI Customary Law Review Vol 3 No 1 (2025): Juni 2025 BAMETI Customary Law Review ]]>
Publisher : <![CDATA[Pusat Kajian Pesisir dan Masyarakat Hukum Adat Fakultas Hukum Universitas Pattimura ]]>
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DOI: 10.47268/bameti.v3i1.18417
<![CDATA[The kewang institution not only functions as a guardian of ecological balance but also as a protector of the customary land rights of indigenous communities concerning natural resource management. In Central Maluku, kewang plays a crucial role in regulating access, utilization, and conservation of marine life and forests, involving the mechanism of sasi or prohibitions that must be adhered to by the local community. With deep roots in local cultural values, kewang has a clear organizational structure and the authority to enforce customary laws, including prohibitions and sanctions for violators. Kewang plays a key role in maintaining a harmonious relationship between humans and nature while encouraging the community to take responsibility for the sustainable use of natural resources. Through this role, indigenous communities in Central Maluku strive to preserve traditions and local knowledge that have existed for generations. Therefore, understanding and preserving the kewang institution is vital in efforts to maintain cultural identity and environmental sustainability in the region.]]>
