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All Journal TATOHI: Jurnal Ilmu Hukum
Rehatta, Veriana Josepha Batseba
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Law, Crime, Criminology & Criminal Justice

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Perlindungan Harimau Sumatera Menurut Convention On International Trade In Endangered Species Of Wild Fauna And Flora (Cites) 1963 Mainuru, Muhammad Zidhan L; Rehatta, Veriana Josepha Batseba; Daties, Dyah Ridhul Airin
TATOHI: Jurnal Ilmu Hukum Vol 3, No 11 (2024): Volume 3 Nomor 11, Januari 2024
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i11.2100

Abstract

Introduction: The illegal trade in protected animals is increasing in places where laws are not respected, as if they weren't there. This is reflected in the decrease in the number of wildlife and the increase in the number of legal and illegal wildlife traders whose criminals do not face severe sanctions. The number of Sumatran tigers is decreasing, reaching around 400 individuals. In various parts of Sumatra, these endangered and protected animals continue to be hunted and traded for their organs. Apparently, in the near future, they succeeded in capturing or blocking the Medan tiger skin trade.Purposes of the Research: This writing aims to know and understand the Regulations regarding the protection of endangered species based on the 1963 Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) and the Implementation of CITES 1963 in Indonesia to protect the Sumatran Tiger.Methods of the Research: Normative research method with the type of research is qualitative analysis. The problem approach used is the statute approach, the conceptual approach and the case approach. The sources of legal materials used are Primary legal materials, Secondary legal materials, and Tertiary legal materials and are used as a technique for collecting legal materials, then processing and analyzing legal materials through methods of interpretation, harmonization, systematic and legal discovery.Results of the Research: The results of the study show that the arrangements regarding the protection of endangered species based on the 1963 Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) are that as a whole, CITES is a convention that applies as a general guide to regulate matters relating to trade of all kinds. Wild plants and animals that live in nature. Specifically regarding the protection of Sumatran tigers as implementation of CITES 1963 is the enactment of Presidential Decree No. 43 of 1978 concerning Ratifying the Convention On International Trade in Endangered Species of Wild Fauna and Flora, Law No. 5 of 1990 concerning Conservation of Natural Resources, Biology and Their Ecosystems, Regulations Government Number 8 of 1999 Utilization of Wild Plants and Animals, Minister of Forestry Regulation Number P.42/Menhut-II/2007 concerning Sumatran Tiger Conservation Plans and Actions.
Kudeta Dalam Perspektif Hukum Internasional Souisa, Pelpina Dina Febriska; Rehatta, Veriana Josepha Batseba; Riry, Welly Angela
TATOHI: Jurnal Ilmu Hukum Vol 3, No 9 (2023): Volume 3 Nomor 9, November 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i9.1949

Abstract

Introduction: Article 33 paragraph (1), 52 of the United Nations Charter and Article 2 paragraph 2 letter (f) of the ASEAN Charter provide space for International Law to be involved in efforts to resolve Dispute Problems (Coup) by using an approach to protecting human rights that involves a State but in fact until now International Law has never participated in efforts to resolve the Government Conflict which was taken through the Coup on the State of Myanmar.Purposes of the Research:To examine or analyze the coup in the perspective of International Law and to examine and discuss the legitimacy or legality of government through a coup.Methods of the Research: The research method used is normative juridical research, the type of research is descriptive analytical. The sources of legal materials used are primary, secondary and tertiary legal materials. The technique of collecting legal materials used in this research is through literature study. The analysis of legal materials is descriptive qualitative.Research Results: The results showed that: 1). International Law on Change of Government through Coup has never been regulated in detail because it is part of the rights of a State that cannot be interfered with in the internal affairs of its State, but an insistence can be made to become a place of negotiation and mediation for both parties who are fighting for power by using the UN Charter. Article 1, Article 2, Article 33 paragraph 1 and Article 52 as well as the ASEAN Charter Article 1 and Article 2 paragraph 2 letter (f) are related to the Protection of Human Rights. 2). The legality of the government obtained through a coup until now has never been specifically regulated in international law, but when viewed from the point of view of the birth of a country, namely 1. the existence of a government, 2. territory, 3 inhabitants, and 4. recognition from other countries. The legality of the government obtained through the coup d'etat can be said to be valid if it gets recognition from other countries (which in this case is part of (State Politics) in International Relations).
Pengaturan Tentang Gencatan Senjata Dalam Hukum Humaniter Internasional Renyut, Sintia Elisabeth; Rehatta, Veriana Josepha Batseba; Leatemia, Wilshen
TATOHI: Jurnal Ilmu Hukum Vol 4, No 3 (2024): Volume 4 Nomor 3, Mei 2024
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i3.2138

Abstract

Introduction:  The ceasefire between Israel and Hamas will begin on Friday (21/5/2021) at 02.00 local time. The ceasefire ended tensions that had existed in Gaza since 11 days ago. The ceasefire, has the potential to prevent the fiercest fighting in decades. The Israeli military also unanimously supports a ceasefire in Gaza.Purposes of the Research:  To review and analyze the Armistice Regulations Formulated in International Humanitarian Law and to study and analyze the legal consequences of violations of the Armistice.Methods of the Research: Legal research as a process to find the rule of law, legal principles, and legal doctrines in order to answer the legal issues faced. Normative legal research or other names, namely doctrinal legal research, is research that provides a systematic explanation of the rules governing a certain category, analyzes a relationship between regulations, explains regions and may predict future development. Results of the Research: The results of this study explain that the armistice is a temporary cessation of war, where both parties involved in the armed conflict both agree or agree to a ceasefire. General arrangements for an armistice were regulated in the Hague Convention of 1907 and contained in the Hague land war regulations. The legal consequences of the violation of the truce are, in accordance with the provisions of Article 41 of the Hague Convention IV of 1907 which states that "A violation of the truce committed by a person acting on his own initiative, results in the violator having the right to be punished, and if necessary get punishment and must provide compensation to the victim for the loss suffered. Therefore, both parties must make compensation for violations of the ceasefire.
Perspektif Hukum Internasional Terhadap Suku Bangsa Kurdi yang Stateless Titalessy, Andre; Peilouw, Johanis Steny Franco; Rehatta, Veriana Josepha Batseba
TATOHI: Jurnal Ilmu Hukum Vol 4, No 1 (2024): Volume 4 Nomor 1, Maret 2024
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i1.2116

Abstract

Introduction: The background of this research is that citizenship is a form of identity that allows individuals to feel the meaning of ownership, rights and social obligations in the political community (state). The Universal Declaration of Human Rights (UDHR) confirms that everyone has the right to a citizenship.Purposes of the Research: Writing aims to determine the arrangement of International Law against a person who has no citizenship and to know the implementation of International Law against ethnic Kurds.Methods of the Research: This type of research is normative law, namely research that uses secondary data sources with data sources consisting of primary, secondary and tertiary legal materials. The data collection technique used was library research, namely research carried out by collecting various kinds of literary literature either through print media or online media with data collection tools in the form of document studies.Results of the Research: The results of this study indicate that international law has provided rules for a person who has no nationality, including the Universal Declaration of Human Rights, the 1954 Geneva Convention Concerning the Status of Stateless Persons and the 1961 Geneva Convention Concerning the Reduction of Statelessness, the Declaration on the Rights of Persons -Persons of National or Ethnic, Religious and Linguistic Minorities and the International Convention on the Elimination of All Forms of Racial Discrimination. International law has provided clear arrangements for resolving statelessness. But ethnic Kurds in Syria still do not enjoy citizenship rights. The participation of the state government is needed in tackling this.
Co-Authors Dyah Ridhul Airin Daties Leatemia, Wilshen Mainuru, Muhammad Zidhan L Peilouw, Johanis Steny Franco Renyut, Sintia Elisabeth Riry, Welly Angela Souisa, Pelpina Dina Febriska Titalessy, Andre