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All Journal Batulis Civil Law Review Balobe Law Journal PATTIMURA Law Study Review
Tuhulele, Popy
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Law, Crime, Criminology & Criminal Justice

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Pemberian Hak Atas Tanah Laut: Permasalahan Dan Potensi Konflik Tuhulele, Popy; Anwar, Arman
Balobe Law Journal Volume 4 Issue 2, October 2024
Publisher : Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/balobe.v4i2.2271

Abstract

Introduction: The integrated management of coastal and marine areas has been regulated in Law Number 27 of 2007 in conjunction with Law Number 1 of 2014, followed up by Permen ATR/BPN 17/2016, in its implementation, it has been identified as causing problems and potential conflicts in the management of coastal areas and sea, in Ambon City and West Seram District.Purposes of the Research: This research analyzes the problems and impacts of granting rights overseas, coastal areas, and small islands in Ambon City and West Seram Regency.Methods of the Research: This study uses a normative juridical research type that is exploratory.Results of the Research: It is necessary to harmonize and structure regulations for regulating the granting of land rights in the Sea and Coastal Waters and Small Islands, taking into account the existence of indigenous/local law communities, the interests of environmental preservation, and the interests of state sovereignty. Spatial planning forums need to be activated in the regions as a means of coordination and solutions to problems of spatial use in coastal areas and small islands. The granting of marine land rights needs to be reconsidered in its implementation. Coastal areas should remain public spaces whose utilization is controlled by the state. The granting of rights to the community (customary, traditional, and local) requires strict consideration, such as compatibility with spatial planning, and the existence of hereditary mastery.
Establishment of Regional Regulations For Coastal Area Rehabilitation As An Environmental Restoration Effort In Buru District Tuhulele, Popy; Anwar, Arman; Waas, Armelia Febriyanti
Batulis Civil Law Review Vol 5, No 3 (2024): VOLUME 5 ISSUE 3, NOVEMBER 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/ballrev.v5i3.2085

Abstract

Introduction: Research entitled "Establishment of Regional Regulations for Coastal Area Rehabilitation as an Environmental Recovery Effort in Buru Regency". Purposes of the Research: The specific aim of this research is to find out and analyze the impact of traditional mining activities on environmental damage in coastal areas, especially in Kayeli Bay, Buru Regency as the estuary of rivers affected by mining activities and to find and analyze the importance of establishing Regional Rehabilitation Regulations as an effort to restore the marine and coastal environment. in Buru Regency.Methods of the Research: This research uses an exploratory type of empirical normative research. This research approach is a statutory approach, a concept approach and a case approach. The data collection techniques used in this research were interviews and literature study.Results of the Research: Mining activities using dangerous chemicals carried out over a period of 23 years have had a major impact on the environmental conditions of Buru Regency. Environmental pollution and destruction not only occurs in mining areas but also land, river flows, bays, coasts and seas which are the final estuaries of mining remains. Kayeli Bay is an important area for fishing, to support the daily lives of around 50,000 village communities. coast. Kaiely Bay is located between 3º 15' 55” - 3º 22' 50” S and 127º 01'35”-127º 01'35” E and is an estuary in nature because it is influenced by the surrounding land, through runoff that enters through rivers that empties into the bay. Continuous abundance of nutrients causes an increase in water fertility. On the other hand, Kaiely Bay is also able to supply and fertilize the surrounding waters with nutrients and a high concentration of chlorophyll-a, namely > 6 mg/L.
Kesepakatan Perjanjian Internasional yang Dilanggar dan Akibat Hukumnya Bagus, Nurlina; Tuhulele, Popy; Leatemia, Wilshen
PATTIMURA Law Study Review Vol 3 No 2 (2025): Agustus 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.v3i2.24017

Abstract

International treaties are formed with the aim of becoming the basis for solving problems in the future so that the parties are protected, get legal certainty, and justice. The process of forming international agreements, countries must comply with the rules of international law regarding the making of international agreements. Indonesia has accelerated the ban on exporting nickel ore in 2020. The European Union sued Indonesia at the WTO court because it was deemed to have violated the GATT-WTO agreement. The purpose of this study is to find out and analyse whether international agreements that have been agreed upon by participating countries can be violated and to find out and analyse the legal consequences of the implementation of the international agreements in question. The results of this study indicate that, International Agreements that have been agreed upon by participating countries can be violated because there are certain circumstances that can be violated. by participating countries can be violated because there are certain circumstances that justify the act of violation as stipulated in the 1989 Vienna Convention justifying the act of violation as stipulated in the 1989 Vienna Convention on International Treaty Law, and the 1969 Vienna Convention which provides guidelines and principles in international agreements.
Co-Authors Arman Anwar Bagus, Nurlina Leatemia, Wilshen Waas, Armelia Febriyanti