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Muchtar A H Labetubun
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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 8 Documents
 1 
Search results for , issue "Volume 4 Issue 2, October 2024" : 8 Documents clear
Foreign Arbitration As The Only Recourse In Resolving Trademark Disputes In A Civil Manner, Criticism of Act Number 20 Year 2016 About Brands and Geographical Indications Narwadan, Theresia Nolda Agnes
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.v4i2.2404

Abstract

Introduction: Act Number 20 year 2016 on trademark and geographic indication opens up opportunities to resolve trademark disputes not only through the Commercial Court, but also to resolve disputes through the District Court.Purposes of the Research: The purpose of the study was to find a form of fair trademark dispute resolution. Conventionally, dispute resolution is usually done by litigation or dispute resolution before the court.Methods of the Research: Normative research is used to answer the formulation of problems regarding foreign arbitration as the only way to resolve trademark rights disputes in a civil manner. The method of approach is the approach of legislation that is to examine and analyze the regulation.Results of the Research: Indonesia also has repeatedly updated the regulation on trademark, but on the other hand, the level of trademark infringement is increasing, even the Commercial Court which should be a place for people to seek justice often gives decisions that do not reflect justice. Is it not better to start looking for other alternatives to resolve trademark disputes that can provide a sense of justice to the community. The court, which is only a mouthpiece of the acts, without regard to the conventions in the field of trademark that have actually been ratified by Indonesia, making the enforcement of trademark regulations in Indonesia, has not been able to provide a sense of justice to holders of rights to trademarks, especially holders of rights to well-known trademars. So that the settlement of famous brand disputes through foreign arbitration is expected to provide a sense of justice for the rights holders of the wellknown trademark.
Yurisdiksi Mahkamah Pidana Internasional Terhadap Penegakan Hukum Bagi Pelaku Kejahatan Perang Yang Bukan Negara Pihak Statuta Roma 1998 Patty, Jetty Martje; Makaruku, Steven
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.v4i2.2401

Abstract

Introduction: The establishment of a permanent International Criminal Court (ICC) has opened a new history in law enforcement crimes of genocide, humanity, war, aggression. The Roma Statute of 1998 became the constitutional basis for International Criminal Court.Purposes of the Research: To find out the jurisdiction of the International Criminal Court to enforce the law for perpetrators of war crimes war that is not a state party to the Roma Statute of 1998.Methods of the Research: The method used in this study is normative juridical with an approach to international legal regulations and concepts. The sources of legal materials used in this study are primary legal materials, secondary legal materials and tertiary legal materials.Results of the Research: The results of the discussion are that in the ICC efforts to enforce  the law based on the provisions of article 12 concerning the requirements for exercising jurisdiction related to the ICC issuing an arrest warrant for Vladimir Putin is contrary to the provisions of article 12 paragraph  (1) which confirms that the country that is a party to this statute, thus accepting the jurisdiction of the court with regard to the crimes referred to in article 5.  This is because both Rusia and Ukraina are countries that are not parties to the Roma Statute 1998, so that the arrest warrant against Vladimir Putin is null and void. However , there is an exception in article 13 paragraph (3) of the statute which state that if a state which is not a state party declares that it accepts this statute and ratifies this statute, then the ICC can exercise its jurisdiction over the state which has accepted the jurisdiction of the ICC. So that the attempt to arrest Vladimir Putin can be carried out constitutionally under the statute.
Interpretasi Hakim dalam Menyelesaikan Sengketa Pelanggaran Myanmar terhadap Konvensi Genosida Nisa’, Aulya; Nirwana, Nirwana; Kosho, Philippa Philomena
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.v4i2.2388

Abstract

Introductioan: A case of international dispute between Gambia and Myanmar where both countries have ratified the Convention on The Prevention of The Crime of Genocide.Purposes of the Research:  The purpose of the research is to identify the legal standing of the parties, analyze the judges’ interpretation of the dispute, and propose potential approaches to resolve this case.Methods of the Research: This research uses a qualitative approach to understand the issue under study, with legal analysis methods to evaluate legal aspects and case studies of Gambia vs. Myanmar.Results of the Research: Legal standing is important. With recognition as a legal subject and participation in international agreements. Then it can claim rights and demand obligations based on international law. In this paper, there are three relevant approaches that judges can use in resolving such dispute, namely geographical, political and humanitarian approaches. When the three are combined, it will enrich the legal analysis and possibly find the best solution for all international communities.
Implikasi Eksekusi Kurator Atas Aset Debitor Pailit Yang Berada Di Luar Batas Yuridiksi Indonesia Saija, Ronald; Nabila, Syadzwina Hindun; Panjaitan, Wijaya Natalia; Lenggono, Roy Prabowo
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.v4i2.2367

Abstract

Introduction: The development of an increasingly advanced economic system seems to have opened up opportunities for cooperation that can be built by entrepreneurs both at home and abroad. The business world is also conducted not only within one's own country, but the business world is now developing to establish business relationships with other countries in the world (transnational). In this way, the assets owned by debtors or creditors are not in their own country but are in other countries. Business relationships carried out between debtors and creditors do not always run smoothly, if these business relationships fail, it will happen that both debtor and creditor assets are located in several countries and this also results in multiple jurisdictions.Purposes of the Research: This research aims to analyze the implications of the curator's execution of assets of bankrupt debtors outside the jurisdiction of Indonesia.Methods of the Research: This research uses a normative juridical method with a statutory approach and a conceptual approach, and legal materials are analyzed using a deductive method.Results of the Research: That Law No. 37 of 2004 concerning Bankruptcy and PKPU does not regulate the authority of curators in executing bankruptcy cases outside the jurisdiction of Indonesia, especially those that conflict with the jurisdiction of other countries, so it is necessary to revise the Bankruptcy Law regarding Cross-Border Bankruptcy, especially in terms of supporting ease of doing business.
Violations Committed by Israel in Armed Conflicts Under International Humanitarian Law Leatemia, Wilshen
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.v4i2.2358

Abstract

Introductioan: War has various aims and objectives, including under the pretext of self-defense to defend life, family, honor or to defend one's nation, to ideological issues. The wars that occur also often violate international humanitarian law. One of them is between Israel and Hamas.Purposes of the Research: To find out violations of international humanitarian law committed by IsraelMethods of the Research: This research uses an normative juridical research method. Normative Juridical Research is research on Norms, Principles, Rules and Principles based on statutory regulations related to the problem being studied. The approaches used are the statutory approach, the conceptual approach, and case aprroach.Results of the Research: The results of the research show that according to international humanitarian law, violations committed by Israel in armed conflict involve actions that violate the principles of protection of civilians and civilian infrastructure. Humanitarian law, as set out in the Geneva Conventions, prohibits attacks on non-combatants and requires protection of vital facilities such as hospitals and schools, as well as access to humanitarian aid.
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.
Perlindungan Hukum Terhadap Anak Korban Kekerasan Seksual Pada Konflik Bersenjata Non-Internasional Waas, Armelia Febriyanty
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.v4i2.2054

Abstract

Introductioan: Cases of sexual violence against children in non-international armed conflicts have long been recognized as deliberate and systematic violence. After that, legal protection against violence becomes very important to provide not only in times of peace but also in times of conflict. Sexual violence committed in non-international armed conflicts is categorized as a war crime and a crime against humanity, especially for minors as victims. So it is necessary to implement legal protection for children as victims of sexual violence in non-international armed conflicts.Purposes of the Research: Examining and analyzing the legal protection provided to children as victims of sexual violence in non-international armed conflicts.Methods of the Research: The research was conducted through normative legal research with a legal approach to examine and analyze regulations relating to the legal protection of children as victims of sexual violence in non-international armed conflicts.Results of the Research: There are regulations relating to the protection of victims of sexual violence, especially children, committed intentionally by combatants in armed conflict. Legal protection, especially in non-international armed conflicts, is also part of the State's responsibility in resolving this case. So that there is implementation of rules related to the protection of human rights in armed conflict with all assistance from international organizations based on international humanitarian law which has provided legal protection for victims of sexual violence.
Penegakan Hukum Lingkungan Terhadap Masyarakat Adat Yang Melakukan Eksploitasi Di Wilayah Pesisir Wattimena, Ricky Marthen
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.v4i2.2053

Abstract

Introduction: Environmental law enforcement is one of the processes carried out to provide legal certainty. In principle, indigenous peoples always carry out exploitation in coastal areas, so law enforcement is needed so that it can run optimally, where this experiences obstacles in the process and causes environmental law enforcement to not run effectively.Purposes of the Research: To find out the enforcement of environmental law against indigenous communities who exploit coastal areas and the obstacles in enforcing environmental law for indigenous communities in coastal areas.Methods of the Research: The method used in this study is normative- juridical, which focuses on the main law by examining theories, concepts, legal principles, and laws and regulations related to this research.Results of the Research: Environmental law enforcement can run well through criminal, administrative and civil aspects. Enforcing environmental laws for indigenous communities against exploitation in coastal areas has become very difficult. This is influenced by legal factors, law enforcement, facilities and infrastructure, society and culture itself. These five factors are one of the things that causes environmental law enforcement to not run optimally. For this reason, there must be cooperation between regional governments and law enforcement in order to prevent prolonged exploitation and cause marine areas to become damaged and not well controlled, so that regional governments must coordinate with stakeholders in the regions, in this case the environmental services and village governments. locally to follow up on problems in coastal areas resulting from sand and coral mining by indigenous communities.

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