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All Journal Batulis Civil Law Review Balobe Law Journal SANISA: Jurnal Kreativitas Mahasiswa Hukum PATTIMURA Law Study Review BAMETI Customary Law Review
Noya, Ekberth Vallen
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Law, Crime, Criminology & Criminal Justice

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Journal : PATTIMURA Law Study Review

 1 
Pengaturan Dan Pemenuhan Hak Pendidikan Anak Anak Pengungsi Di Negara Transit Berdasarkan Hukum Internasional Siahaya, Brian S; Wattimena, Josina Augustina Yvonne; Noya, Ekberth Vallen
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.v3i1.19702

Abstract

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.
Pengungsi Rohingnya dan Tindakan People Smuggling dalam Hukum Internasional Kaliky, Sultan Kanon; Wattimena, Josina Augustina Yvonne; Noya, Ekberth Vallen
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.v2i2.23858

Abstract

Humanitarian disputes throughout the world continue, causing discomfort for those who suffer from these problems, so they try to seek refuge in several countries that are considered safe to avoid conflicts in other countries. When they calm down, people will come together to save themselves from human cruelty towards each other. The aim of the writing carried out by the author is to analyze and discuss the arrival of Rohingya refugees in Indonesia and the act of human smuggling. The research method used by the author is normative juridical where research is carried out to obtain data through literature studies, namely various literature and scientific materials, brochures and so on. The research results show that the regulation of human trafficking crimes, both at the international and national levels, can influence (or cloud) the international protection that should be provided to asylum seekers. However, on the other hand, human smuggling can weaken asylum seekers and potentially violate the principle of non-refoulement.
Co-Authors Hattu, Vondaal Vidya Kaliky, Sultan Kanon Leatemia, Wilshen Riry, Welly Angela Siahaya, Brian S Sinay, Susan Laura Waas, Armelia Febriyanti Walakutty, Ade Wattimena, Josina Augustina Yvonne