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Muchtar A H Labetubun
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mahlabetubun@gmail.com
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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 6 Documents
 1 
Search results for , issue "Volume 5 Issue 2, October 2025" : 6 Documents clear
Application of Legal Provisions and Liability for Maritime Autonomous Surface Ships (MASS) in International Law Rantung, Esterlita Nova Yaser; Kosho, Philippa Philomena
Balobe Law Journal Volume 5 Issue 2, October 2025
Publisher : Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/balobe.v5i2.3151

Abstract

Introduction: Technological developments in the maritime sector have led to innovations such as unmanned surface vessels (Maritime Autonomous Surface Ships/MASS). The emergence of MASS brings efficiency, safety, and new innovations to the world of shipping, but it also poses legal challenges, particularly regarding the application of international regulations that have traditionally governed manned vessels.Purposes of the Research: This study aims to analyze the application of legal provisions and identify liability mechanisms for MASS under international law, as well as compare practices across several countries.Methods of the Research: The methodology employed is normative legal research using a legislative, comparative legal, and conceptual approach, utilizing primary legal sources such as international conventions (UNCLOS, SOLAS, and IMO regulations) and relevant literature.Results of the Research: The results of the study indicate that most international legal instruments have not yet fully accommodated the characteristics and regulatory needs of autonomous ships, particularly in terms of the definition of legal subjects, the role of the captain, and accountability mechanisms in the event of an incident. This is because most of these international legal provisions are still based on the assumption that ships are controlled by humans. Some countries, such as the United Kingdom, Norway, and the United States, have begun to formulate specific regulations to govern MASS that can fill this gap. Therefore, accountability is needed, which indicates the need for updating and harmonizing international rules to address the challenges arising from technological developments in the maritime sector. Additionally, it is important to develop national implementation guidelines aligned with the principles of international maritime law to ensure maritime safety, marine environmental protection, and legal certainty.
Crude Nickel Export Moratorium Policy: Implications for Indonesia's Economy and International Trade Relations Smarayova, Hildita
Balobe Law Journal Volume 5 Issue 2, October 2025
Publisher : Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/balobe.v5i2.3119

Abstract

Introduction: This article discusses the legal and economic implications of Indonesia's raw nickel ore export moratorium policy, implemented through Ministerial Regulation Number 11/2019. The focus includes the dynamics of industrial downstreaming, value-added enhancement, and the international trade dispute with the European Union at the WTO.Purposes of the Research: The study aims to evaluate the policy's effectiveness in supporting sustainable economic development while addressing legal and diplomatic challenges.Methods of the Research: Using a normative-juridical approach and prescriptive analysis of national regulations, WTO documents, and sectoral economic data.Results of the Research: The findings show that while the policy has significantly boosted economic value and industrial growth, it has also led to legal controversies concerning global free trade principles. The article suggests strengthening both domestic and international legal instruments to support natural resource sovereignty and the formulation of sustainable trade policy.
Robot Lawyers and the Ethical Challenges of the Legal Profession in the Era of Artificial Intelligence Setyawan, Vincentius Patria
Balobe Law Journal Volume 5 Issue 2, October 2025
Publisher : Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/balobe.v5i2.3116

Abstract

Introduction: The ethical dilemma that arises due to the integration of artificial intelligence into legal services through the emergence of robot lawyers.Purposes of the Research: The purpose of this article is to examine the ethical implications of robot lawyers and evaluate the adequacy of current legal professional standards in addressing challenges posed by artificial intelligence in legal practice.Methods of the Research: This study uses normative legal research with a conceptual and statutory approach, focusing on the analysis of existing legal ethics frameworks and professional responsibility principles to assess their relevance and adequacy in regulating the use of artificial intelligence in legal practice.Results of the Research: The findings of this study show that the emergence of robot lawyers significantly challenges the ethical foundations of the legal profession, particularly concerning competence, confidentiality, independence, and accountability. Current legal ethics frameworks were designed with human practitioners in mind, leaving regulatory gaps when applied to AI-driven legal services. The study highlights the need for a revised ethical paradigm that addresses the limitations of existing rules and accommodates the unique attributes of artificial intelligence. The novelty of this research lies in its critical analysis of the intersection between legal ethics and AI technology, offering a conceptual framework for ethical governance of robot lawyers.
International Humanitarian Law at the Crossroads: A Strategic Reflection on the Failure of Civil Protection in the Russia-Ukraine Conflict Aritonang, RH; Sujiwo, Aji; Susilo, Tarsisius; Tadung, Rapy; Panggabean, Andar Dodianto
Balobe Law Journal Volume 5 Issue 2, October 2025
Publisher : Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/balobe.v5i2.3096

Abstract

Introduction: This article analyzes the application of international humanitarian law (IHL) in the Russia–Ukraine conflict, focusing on the impact of hybrid warfare on civilian protection mechanisms.Purposes of the Research: The purpose of this article is to evaluate the failure of civilian protection during the Russia–Ukraine conflict from legal, ethical, and strategic perspectives.Methods of the Research: This research uses a qualitative normative method, employing case study and literature review approaches, supported by interviews with legal practitioners to explore gaps between IHL norms and military operations.Results of the Research: The findings of this study show a critical disjunction between IHL provisions and military practices on the ground, leading to significant risks for non-combatants. The hybrid nature of the conflict complicates legal accountability and ethical compliance. This article offers a novel recommendation for reformulating combat strategies and updating military education curricula to better internalize IHL principles in contemporary armed conflicts.
Legality of United Nations Resolutions on the Restriction of the Use of Nuclear Weapons by States of Legality Matakena, Jenesya Susye; Wattimena, Josina Augustina Yvonne; Daties, Dyah Ridhul Airin
Balobe Law Journal Volume 5 Issue 2, October 2025
Publisher : Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/balobe.v5i2.2409

Abstract

Introduction: Countries' non-compliance with UN resolutions regarding the prohibition of testing and use of nuclear weapons is due to the position of the resolution which is still classified as Soft Law due to the presence of elements that violate it and are less binding. The use of nuclear weapons can also threaten human life, thereby giving rise to international state responsibility as regulated in the Draft Articles on Responsibility of States for Internationally Wrongful Act.Purposes of the Research: The aim of this research is to examine the legality of the UN resolution on spreading the use of nuclear weapons and the relationship between the Draft Articles on Responsibility of States for Internationally Wrongful Act and the UN resolution.Methods of the Research: The method used is normative juridical with a problem approach, namely a regulatory, case and context approach. Sources of legal materials are primary, secondary and tertiary legal materials. Legal material collection techniques use library research and qualitative analysis.Results of the Research: The legality or binding power of UN General Assembly resolutions is found in three approaches, namely the Customary Law Approach, New Souce Approach, Grey Zone or Soft Law and the legality or binding force of UN Security Council resolutions and the existence of moral force. The relationship between UN resolutions and the Draft Articles on Responsibility of States for Internationally Wrongful Act was established to prevent actions that are not in accordance with international law, so that UN Security Council resolutions can be the basis for state accountability if there are indications of non-compliance with sanctions issued by the Security Council.
Law Enforcement on Environmental Pollution by Nickel Mining Companies Aris, Ahmad Wahfiudin; Angga, La Ode; Rugebregt, Revency Vania
Balobe Law Journal Volume 5 Issue 2, October 2025
Publisher : Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/balobe.v5i2.3105

Abstract

Introduction: Environmental pollution in Indonesia has largely not been fully resolved, which should be the full responsibility of the company.  One of the cases of environmental pollution that occurred in North Konawe Regency, Southeast Sulawesi Province.Purposes of the Research: The purpose of this research is to examine and analyze the responsibility of companies that commit environmental pollution and the form of law enforcement of companies that commit environmental pollution.Methods of the Research: This type of research is normative juridical research, which is legal research whose object of study includes the provisions of legislation or also called literature law research. Literature law research is research that is carried out by examining literature materials or secondary data.Results of the Research: The responsibility of PT. Virtue Dragon Nickel Industry (VDNI) which is suspected of environmental pollution that occurs includes preventive measures, waste management and recovery if environmental damage occurs, business actors are absolutely responsible. Civil Liability of PT. Virtue Dragon Nickel Industry (VDNI) includes installing waste management units so that waste is in accordance with the specified environmental quality standards, restoring environmental functions, increasing supervision and evaluation to anticipate the recurrence of negligence and carrying out moral responsibility to the environment by accelerating the process of restoring polluted river stream environments by carrying out routine cleaning of river flows so that waste residues that are polluted Exit into the river can quickly decompose.  Civil law enforcement can be used as an instrument to hold PT. Virtue Dragon Nickel Industry (VDNI) which has been suspected of polluting the environment through a claim for compensation by the aggrieved party. Civil lawsuits can be filed on the basis of Unlawful Acts, where business actors are considered to have violated environmental rights and harmed other parties with their polluting actions.

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