Article Per Year (5 Year)
p-Index From 2021 - 2026
0.61
P-Index
This Author published in this journals
All Journal Uti Possidetis: Journal of International Law TATOHI: Jurnal Ilmu Hukum
Kainama, Marthinus
Unknown Affiliation
Law, Crime, Criminology & Criminal Justice

Published : 3 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 3 Documents
Search

 1 
Legalitas Invasi Militer Terhadap Kedaulatan Teritorial Negara Dan Pertanggungjawabannya Hetharie, Brandon Tanner; Kainama, Marthinus; Wattimena, Josina Augustina Yvonne
TATOHI: Jurnal Ilmu Hukum Vol 4, No 2 (2024): Volume 4 Nomor 2, April 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i2.2126

Abstract

Introduction: Military invasion is the act of deploying a country's armed forces into the sovereign territory of another country with the aim of controlling, replacing the existing government, taking part of the territory and even helping the region to secede from its parent country. In reality, military invasions are often carried out, such as Russia's military invasion of Ukraine in 2022.Purposes of the Research:  The purpose of this study is to examine and find out the legality of military invasions against state territorial sovereignty and its responsibility.Methods of the Research: This research is a normative juridical research is a document study (using legal sources such as laws and regulations, court decisions, legal theories and / or opinions of scholars). In simple terms, this type of research is also called doctrinal legal research, literature or document studies.Results of the Research: The results of this study show that the legality of military invasion of a country's territorial sovereignty is not justified in international law. The regulation of military invasion is recognized as an act of aggression stipulated in article 3 of UN General Assembly Resolution 3314 and reinforced as a crime of aggression in article 8 bis paragraphs 1 and 2 of the Rome Statute. Military invasion is also a violation of a country's sovereignty based on the UN Charter article 2 paragraphs 1 and 4, Kellog-Briand pact, Declaration on Rights and Duties of States. If a military invasion leads to war, it must be subject to the provisions of jus war. The form of state responsibility for acts of military invasion of a country's territorial sovereignty is in the form of satisfaction (submission of a memorandum of apology) to the injured state followed by the withdrawal of armed forces with a guarantee that it does not repeat the action and makes compensation in the form of giving a sum of money or compensation is not a sum of money known as nonpecuniary.
Pencemaran Pada Selat Internasional dan Tanggung Jawab Negara Pemilik Kapal Samuel, Wayan Dharmayana; Kainama, Marthinus; Peilouw, Johanis Steny Franco
TATOHI: Jurnal Ilmu Hukum Vol 4, No 6 (2024): Volume 4 Nomor 6, Agustus 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i6.2451

Abstract

Introduction: The many phenomena of sea pollution that often occur, especially in international straits as a result of ship activities, make this problem an urgent matter. Considering that Indonesia is an archipelagic country with a total of 17,500 islands and 70% of the sea area and only 30% of the land area.Purposes of the Research: The purpose of writing in this research is to know and understand the regulation of international law of the sea for pollution that occurs in international straits and to know and understand the responsibilities of ship-owning states based on international law.Methods of the Research: Qualitative analysis research method, normative legal research type, problem approach using three problem approaches namely statutory approach, conceptual approach and case approach. Source legal materials primary legal materials, secondary legal materials and also tertiary legal materials.Results of the Research: The results of the study prove that pollution in international straits has been regulated in an international law, namely in the 1982 UNCLOS, and in terms of the responsibility of the ship owner state adheres to the principle of absolute responsibility (strict liability) as stated in the 1969 CLC but not all cases can be Using this principle, only cases that have a large impact on the environment can use this principle, for example the case of an oil spill in a country's marine environment.
natural resource management and legal consequences for the environment from the perspective of international environmental law Tethool, Adjeng; Kainama, Marthinus
Uti Possidetis: Journal of International Law Vol 4 No 2 (2023): Juni
Publisher : Faculty of Law, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/up.v4i2.19352

Abstract

Inappropriate management of natural resources can cause international problems such as air pollution. One of the pollution referred to is the forest fires that have occurred in Indonesia because they are not in line with the principles of international environmental law, one of which is the principle of sic utere tue ut alienum non leades where the state is prohibited from permitting and or carrying out activities that are detrimental to other countries which give rise to legal consequences for a country. This research tries to analyze the actions to prevent air pollution and the legal consequences of managing natural resources that pollute the air environment based on international environmental law. The method used is normative research. The results of the study show that the management of natural resources that is not in accordance with the principles of international law causes air pollution which has a negative impact on the state, causing state responsibility as stipulated in Principle 16 of the 1992 Rio Declaration which states that polluting countries must pay the costs incurred. stipulated by the competent authority for all losses incurred as a result of environmental damage by the actions taken.
Co-Authors Hetharie, Brandon Tanner Peilouw, Johanis Steny Franco Samuel, Wayan Dharmayana Tethool, Adjeng Wattimena, Josina Augustina Yvonne