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Muchtar A H Labetubun
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mahlabetubun@gmail.com
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+6285243175321
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jurnalbalobe@gmail.com
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Ruang Bagian Hukum Internasional, Fakultas Hukum Universitas Pattimura. Jalan Ir. M. Putuhena, Kampus Poka, Ambon, Maluku 97233, Indonesia. Tel./Fax : 62-911-3825203 / 62-911-3825204
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Balobe Law Journal
Published by Universitas Pattimura
ISSN : -     EISSN : 27756149     DOI : 10.47268/balobe
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Balobe Law Journal is a peer-reviewed journal published by the Faculty of Law at Pattimura University twice a year in March, and October. The purpose of this journal is to provide a place for academics, researchers and practitioners to publish original research articles or review articles. This journal provides direct open access to its content with the principle that making research freely available to the public supports greater global knowledge exchange. Balobe Law Journal is available in print and online. The languages used in this journal are Indonesian and English. Focus and Scope Balobe Law Journal is discusses various topics of Legal Sciences, especially in the field of International Law include : International Law Diplomatic Law Space Law Environmental law International Organization Law International Treaty Law Law of the Sea International Business Law
Arjuna Subject : Ilmu Sosial - Hukum
Articles 5 Documents
 1 
Search results for , issue "Volume 4 Issue 1, April 2024" : 5 Documents clear
Kedudukan Resolusi Dewan Keamanan PBB Menurut Pasal 25 Piagam PBB Makarawung, Julio Franco Jehovah; Waas, Richard Marsilio; Daties, Dyah Ridhul Airin
Balobe Law Journal Volume 4 Issue 1, April 2024
Publisher : Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/balobe.v4i1.2051

Abstract

Introductioan: UN Security Council Resolutions in the form of decisions of the UN Security Council relating to the preservation and/or restoration of global peace and security which can be implemented legally, are essentially a valid statement of international law mandated by the goals and principles of the UN as outlined in the UN charter.Purposes of the Research: To analyze and find out about the Position of UN Security Council Resolutions according to Article 25 of the UN Charter.  Methods of the Research: Normative legal research or library legal research is a process of finding legal rules, legal principles, and legal doctors to answer legal issues faced.Results of the Research: The decisions of the UN Security Council are based on Article 25 of the Charter, which is truly legally binding, even more so that it can conflict with the principles of international treaty law, namely the principle of Pacta Tertiis Nec Nocent Nec Prosunt because all these decisions can be binding on countries. Countries that are not members of the UN as stated in Article 2 paragraph (6) and Article 49 of the Charter. The position of the UN Security Council Resolution is binding not only on UN member states but also on non-UN member states as stated in Article 2 paragraph (6).
Pelanggaran Wilayah Udara Indonesia Oleh Pesawat Asing Menurut Hukum Internasional Tiwery, Zepty Fence; Hanafi, Irma Halima; Riry, Welly Angela
Balobe Law Journal Volume 4 Issue 1, April 2024
Publisher : Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/balobe.v4i1.2046

Abstract

Introductioan: Indonesian airspace violation committed by a foreign aircraft in the case of the forced landing of a Boeing 777 foreign cargo plane on January 14, 2019. The aircraft entered Indonesian airspace without permission or Flight Clearance (FC) so it had to be forcibly landed by the Indonesian Air Force at Hang Nadim International Airport, Batam, Riau Islands. Such violations are clearly contrary to applicable law.Purposes of the Research: Know the regulation of Indonesian airspace according to international law and how law enforcement in Indonesian airspace.Methods of the Research: Normative juridical which conducts research on law based on laws and regulations related to the problem under study. The research approach carried out is the concept approach, legislation approach and case approach.Results of the Research: The regulation of Indonesian airspace according to international law must use the provisions of international law such as the Chicago Convention of 1944 and Law No.1 of 2009, Government Regulation No.4 of 2018 and Law No.34 of 2004. Law enforcement in Indonesian airspace still experiences limitations and obstacles due to the fact that foreign aircraft can enter. Therefore, there are still many obstacles in surveillance and defense equipment because it does not have radar that has the ability to detect incoming foreign aircraft so that the TNI must coordinate first..
Durable Solutions Bagi Pengungsi Etnis Rohingya Tanpa Kewarganegaraan Menurut Hukum Internasional Ranty, Aprianti; Lestari, Maria Maya; Deliana, Evi
Balobe Law Journal Volume 4 Issue 1, April 2024
Publisher : Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/balobe.v4i1.2026

Abstract

Introduction: The ethnic Rohingya are an ethnic Muslim minority group in Rakhine, which is among the most persecuted, vulnerable, and oppressed minorities in the world. In addition to losing their citizenship, the ethnic Rohingya also lost their home, where they have lived for decades. The United Nations High Commissioners for Refugees or UNHCR is an international organization that deals specifically with refugees. With the function of providing protection and finding long-term solutions for refugees.Purposes of the Research: Analyze Durable Solutions that are suitable to be applied to Stateless Rohingya ethnicity.Methods of the Research: The type of research that will be used is normative law research, which focuses on positive legal norms such as international law instruments relating to the issues contained in this study.Results of the Research: Of the three durable solutions available to UNHCR, the most viable long-term solution for Rohingya refugees is resettlement or relocation to a third country. Because of the conditions and laws relating to the citizenship of Bangladesh as a state of asylum, Rohingya refugees do not allow local integration into the nationality of Bangladesh, while voluntary repatriation is not possible for Rohingyas because of the state of the government of Myanmar and the lack of security and security guarantees as well as citizens' rights for rohingya. The protection and realization of the rights of refugees is the responsibility of UNHCR as an international organization formed and under the auspices of the United Nations (United Nations) specifically designed to deal with the refugee problem under the Statute of the Office of the High Commissioner for Refugees 1951 or the 1951 Convention. But UNHCR's authority is limited to providing protection, assistance, fulfilling the rights of refugees, and seeking solutions. This limitation of authority is what makes it difficult for UNHCR to carry out its tasks and missions.
Advokasi World Animal Protection Terhadap Permasalahan Kesejahteraan Beruang Melalui China’s Local Office Ditinjau Dari Hukum Organisasi Internasional Manurung, Hadonia Lazarus; Jayakusuma, Zulfikar; Diana, Ledy
Balobe Law Journal Volume 4 Issue 1, April 2024
Publisher : Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/balobe.v4i1.1993

Abstract

Introduction: Transnationalism era, there has been a structured change in various dimension of International relations, include the actor which implies that the state is not the only capable one to influencing global developments. This shift strengthens INGO’s role as a part of international organization. Their advocacy plays an important role in bear welfare issues at China’s Bears Bile Industry.Purposes of the Research: This article aims to review World Animal Protection’s competences as a jurisdiction personality through its advocacy agenda on Bears bile industry in China.Methods of the Research: This article is written by utilizing normative legal research by focusing on synchronization of World Animal Protection’s advocacy effort and balances to Chinese administration also law through historical and descriptive methods.Results of the Research: World Animal Protection’s advocacy has conformed to the general legal principles of environmental by utilizing the ethics of biocentralism, which entirely aimed to the mission of saving bears. However, the advocacy launched against China’s bear bile industry should be against international organization law based on the absence of permanent secretariat in China. This action may be due to the organization’s lack of compliance to naturalize its administration and laws in China. Therefore, the resulting effect tends to be puzzling because it doesn’t show a significant and measurable impact when compared to the other advocacy through similar issues.
Kondisi dan Dampak Perbedaan Regulasi Penanganan Narkoba di Beberapa Negara ASEAN Wear, Elsa Amalia
Balobe Law Journal Volume 4 Issue 1, April 2024
Publisher : Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/balobe.v4i1.1944

Abstract

Introductioan: In this era of globalization, drug abuse and trafficking through smuggling in the Southeast Asian region is increasingly prevalent. Southeast Asia's strategic geographical location makes it an attractive traffic area for drug trafficking syndicates, both transnational and international. Therefore, there is a need for cooperation among ASEAN countries in dealing with this problem. Unfortunately, in terms of drug handling in ASEAN countries, there are still differences in regulations that have an impact on drug handling in the Southeast Asian region.Purposes of the Research:  The purpose of this research is to find out how the conditions of differences in drug handling regulations in ASEAN countries and the resulting impacts.Methods of the Research: This research uses normative juridical research methods and the problem approaches used are conceptual approaches, case approaches, and comparative approaches.Novelty of the Research: Based on the results of the research that has been conducted, it is known that there are still differences in regulations between ASEAN countries. This difference can be seen through a comparison between the applicable laws in Indonesia and Malaysia regarding sanctions and the minimum amount of drug possession that can be punished by death. Then the difference in regulations in Thailand which began to legalize the use of marijuana in the health sector as well as in food and beverages. There is also a misalignment that can be seen through differences in the provision of death penalty sanctions. As a result, there is a gap in sanctions that can facilitate narcotics trafficking between countries due to lighter, weaker or less stringent drug handling regulations in one country with another.

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