Balobe Law Journal
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
Articles
55 Documents
<![CDATA[Penegakan Hukum Oleh Pos Lintas Batas Bagi Para Pelintas di Wilayah Perbatasan Papua dan Papua New Guinea ]]>
<![CDATA[Novana Veronika Julenta Kareth]]>
<![CDATA[ Balobe Law Journal Vol 2, No 1 (2022): Volume 2 Nomor 1, April 2022 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Pattimura ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.47268/balobe.v2i1.848
<![CDATA[Introduction: The urgency to organize the border between Indonesia and Papua New Guinea and border crossers is based on historical reasons that are more complex than the arrangement of Indonesia's borders with other countries.Purposes of the Research: To overcome these problems, the author proposes the idea of an integrated border management.Methods of the Research: This research uses sociological juridical method with the research location in Jayapura City.Results of the Research: The results of the study show that the border governance policies tend to ignore the cultural identity variable, which then encourages the use of cultural identity to challenge the state's version of dominant conceptions and policies in border governance. This is indicated by the phenomenon of "rat trails" and other cross-border interaction networks that are illegal by the state. Cultural approach in border governance policy is the principle that animates security policy, political policy, and economic policy in border governance. The practical consequence of this study is that border governance must move away from the domination of the economic security approach to an integrated approach.]]>
<![CDATA[Women in the Midst of Violence From a Human Rights Perspective ]]>
<![CDATA[Astuti Nur Fadillah]]>;
<![CDATA[Patrick Corputty]]>
<![CDATA[ Balobe Law Journal Vol 2, No 1 (2022): Volume 2 Nomor 1, April 2022 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Pattimura ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.47268/balobe.v2i1.838
<![CDATA[Introduction: Many people think that women are weak and do not have the power to fight and defend their rights. In accordance with the constitutional mandate, every citizen has the right to feel safe and free from all forms of violence.Purposes of the Research: This study aims to find out about women in the midst of a vortex of violence from a human rights perspective.Methods of the Research: The research method used is normative juridical research that uses legal sources of material obtained through literature studies and statutory regulations.Results of the Research: Violence against women is seen as part of the violation of human rights. The law on human rights in Indonesia is very strict about women's rights. Women have many contributions to the welfare of society so women must be treated by protecting their rights as a woman.]]>
<![CDATA[Kepemilikan Tanah Oleh Warga Negara Asing Melalui Perjanjian Pinjam Nama Sebagai Bentuk Penyelundupan Hukum Dalam Hukum Perdata Internasional ]]>
<![CDATA[Yosia Hetharie]]>
<![CDATA[ Balobe Law Journal Vol 2, No 1 (2022): Volume 2 Nomor 1, April 2022 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Pattimura ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.47268/balobe.v2i1.822
<![CDATA[Introduction: Land as a gift from God Almighty deserves to be protected, managed and preserved. In the regulation of land law in Indonesia, based on the UUPA, land ownership with property rights is only by Indonesian citizens. The practice that occurs is that foreigners who carry out legal smuggling efforts through name-borrowing agreements to be able to control and own land in Indonesia with property rights.Purposes of the Research: This study aims to analyze the practice of borrowing names in land ownership by foreigners in Indonesia as a form of international civil law smuggling.Methods of the Research: This study uses a normative juridical method. The approach used is a statutory approach and a conceptual approach with primary and secondary legal sources. The technique of collecting legal materials is through literature study. The legal materials obtained were analyzed qualitatively in order to answer the existing problems.Results of the Research: A name borrowing agreement is an agreement made between a person who according to law cannot be the subject of certain land rights (property rights), in this case a foreigner and an Indonesian citizen, with the intention that the foreigner can control (own) the right of ownership legally. facto, but legally-formally (dejure) the property rights are in the name of the Indonesian citizen. The name-borrowing agreement is clearly a form of legal smuggling to avoid regulations that stipulate that foreigners are not eligible as subjects of land ownership rights holders in Indonesia in accordance with the provisions in Article 9 paragraph (1) jo. Article 21 paragraph (1) of the UUPA clearly states that only Indonesian citizens can have full relations with the earth, water and space, and clearly stipulates that only Indonesian citizens can have property rights.]]>
<![CDATA[Kekerasan Seksual Terhadap Perempuan (Kajian Perbandingan Indonesia-India) ]]>
<![CDATA[Yonna Beatrix Salamor]]>;
<![CDATA[Anna Maria Salamor]]>
<![CDATA[ Balobe Law Journal Vol 2, No 1 (2022): Volume 2 Nomor 1, April 2022 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Pattimura ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.47268/balobe.v2i1.791
<![CDATA[Introduction: Violence that occurs against women today is an individual problem or a national problem, but it is a global and even transnational problem. This is because violence against women is related to human rights issues. Violence against women does not only accur in Indonesia. Almost in every country women face various types of violence. One of the most prominent countries with violence against women is India.Purposes of the Research: The purpose of this article is to find out about the comparison of sexual violence against women in Indonesia and India.Methods of the Research: The research method used is normative juridical research that uses legal sources of material obtained through literature studies and statutory regulations.Results of the Research: Sexual violence against women is not only a problem in Indonesia, but also a problem in various parts of the world. Cases of sexual violence against women that accur in Indonesia-India continue to increase. Therefore, cases of violence against women in Indonesia must be handled properly. One of them must have legal regulation as a basis for preventing sexual violence against women. In India it self already has regulations on sexual violence against women but the handling is not running effectively due to caste factors, economic factors.]]>
<![CDATA[Alternative Dispute Resolution Dalam Sengketa Bisnis Internasional ]]>
<![CDATA[Ronald Fadly Sopamena]]>
<![CDATA[ Balobe Law Journal Vol 2, No 1 (2022): Volume 2 Nomor 1, April 2022 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Pattimura ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.47268/balobe.v2i1.767
<![CDATA[Introduction: The importance of understanding international business contract law is because international business will involve more than one country so that the laws in these countries will also differ from one another. This will cause problems if there is a business dispute between two parties from different countries.Purposes of the Research: Thus, this study aims to analyze dispute resolution, especially alternative dispute resolution in international business.Methods of the Research: The research method used is normative juridical or what is known as legal research which is carried out by reviewing and analyzing the substance of the legislation on the subject matter or legal issue in its consistency with existing legal principles.Results of the Research: Choice of law is a consequence in an international business contract as a result of different legal rules in each country. Alternative dispute resolution is a method of dispute resolution that can be used in international business disputes. Arbitration, Mediation, Conciliation, Negotiation and Consultation can be used as initial options so that a solution can be obtained from the disputes faced before going through the litigation route which of course will be more time consuming and costly.]]>
<![CDATA[Protection And Utilization Of Protected Forests In Ambon City Environmental Law Prespective ]]>
<![CDATA[Richard Marsilio Waas]]>;
<![CDATA[Welly Angela Riry]]>
<![CDATA[ Balobe Law Journal Volume 2 Issue 2, October 2022 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Pattimura ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.47268/balobe.v2i2.1105
<![CDATA[Introduction: Protected Forest is a forest area that has a variety of vital ecosystem services for the welfare and resilience of society and the economy in the future. Excessive use of forests by humans without regard to the ecological balance can cause havoc for humans themselves, and require economic and social costs that are far greater than the economic results that have been obtained. Often people who live and make a living around the forest are accused of being one of the causes of forest destruction, but also the people who live around the forest are also expected to be the main actors for efforts to protect the forest itself.Purposes of the Research: to understand the protection and utilization of protected forests in Ambon City and to determine the form of policy by the Ambon City Government in protecting and utilizing protected forests in Ambon City from the perspective of Environmental Law.Methods of the Research: The research method uses the Social Legal Research method with a legal, conceptual, and case approach.Results / Findings / Novelty of the Research: The protection and utilization of protected forests in Ambon city has not explicitly been regulated in the form of regional regulations on protected forests. The use of protected forests is still carried out by indigenous peoples and forest rights holders. This shows that the policy regarding the protection and utilization of protected forest areas has not been maximized in the city of Ambon, which will greatly impact all aspects of human life and other habitats.]]>
<![CDATA[Human Rights Violation Settlement by Regional Office of Ministry of Law and Human Rights In Maluku Province Through Public Communication Service ]]>
<![CDATA[Yared Hetharie]]>;
<![CDATA[Yosia Hetharie]]>
<![CDATA[ Balobe Law Journal Volume 2 Issue 2, October 2022 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Pattimura ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.47268/balobe.v2i2.1093
<![CDATA[Introduction: Currently, there are many human rights violation allegations in Maluku either done vertically by Government or horizontally by the society. High number of complaints received by the People Communication Service (Yankomas) team in the Regional Office of Ministry of Law in Maluku and Human Rights indicates this phenomenon. Yankomas is tool to settle human rights violation allegation that has its legal ground on the Presidential Regulation Number 75 Year 2015 about National Human Rights Action Plan 2021-2022.Purposes of the Research: The purpose of this study is to examine the procedure for resolving allegations of human rights violations and mapping the handling of cases of alleged human rights violations through the Community Communication Service at the Maluku Kemenkumham Regional Office.Methods of the Research: This study uses empirical legal research methods related to phenomena and facts that occur in the field, especially those faced by members of the Community Communication Service Team of the Moluccas Kemenkumham Regional Office. The approach used is the statutory approach and the case approach.Results of the Research: In the year 2021-2022 complaints that enter the Regional Office of the Ministry of Law and Human Rights Maluku in the form of written complaints and verbal complaints, the number of complaints in this period has increased. The role of Yankomas in resolving allegations of human rights violations satisfies the complainants because all incoming complaints are properly resolved or explained. The settlement is carried out by inviting the reported party and other relevant stakeholders in a coordination meeting in which solutions and solutions are sought for the problems complained of. Public Communication Services should continue to be developed considering the high number of public complaints who are starting to realize that there is a role for the state to protect, promote the enforcement of human rights.]]>
<![CDATA[Politik Pangan: Ketahanan Nasional Dan Tren Diplomasi Kekinian ]]>
<![CDATA[Siti Masruroh]]>;
<![CDATA[Irham Bashori Hasba]]>;
<![CDATA[Rasyid Musdin]]>
<![CDATA[ Balobe Law Journal Volume 2 Issue 2, October 2022 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Pattimura ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.47268/balobe.v2i2.1091
<![CDATA[Introduction: Food availability is the main starting point in supporting the country's economy. Scarcity of food will have an impact on economic stability in each sector. Countries with superior availability of materials and food production will certainly have absolute advantages, including the state's freedom to determine materials and food production, determine prices, and trade commodities on an international scale. Therefore, food is often a medium of diplomacy and a bargaining power over other countries.Purposes of the Research: Analysis tool on food as part of national security on the one hand, and food as a diplomatic tool between countries on the other.Methods of the Research: This study uses a normative legal research method with a statutory approach, a theoretical approach, and an analytical approach. Primary materials using Law no. 24 of 2000 and the General Agreement on Tariffs and Trade (GATT). Secondary materials in the form of journals and documents that support research.Results of the Research: It is at the heart of a research report because a finding is what the reader is actually looking for. The findings component does not have to present all the things that are found in the research, it is presented that the findings are relevant to the nature of this research. For example: The results show that or The findings of this study prove that businesses that reached their dominant position before the recession had a significant advantage over small businesses. However, they cannot be compelled to act on the same basis for very long, which is why a more US-like model would be useful for controlling some of these business behaviors.]]>
<![CDATA[Choice of Law in International Business Contracts ]]>
<![CDATA[Ronald Fadly Sopamena]]>
<![CDATA[ Balobe Law Journal Volume 2 Issue 2, October 2022 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Pattimura ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.47268/balobe.v2i2.1062
<![CDATA[Introduction: Differences in the national legal system and the contract law provisions of each country open up opportunities for conflict and dispute to occur. In addition, differences in national laws that serve as normative references for actors in international trade transactions can also cause doubt and uncertainty for foreign parties. Thus the choice of law can be referred to as the freedom of the parties in a contract to choose which law will be used and applies to the parties in an international agreement considering that the national contract law of each country is very diverse.Purposes of the Research: This writing aims to analyze the choice of law in international business contracts.Methods of the Research: This study uses a normative juridical method. Normative legal research is library research, namely research on secondary data. Secondary data has a scope that includes personal letters, books, to official documents issued by the government.Results of the Research: The legal principles regulated in international business transactions refer to the legal principles of international treaties/contracts agreed upon by the parties, and international trade conventions. The parties involved in international business contracts have the freedom to determine with whom and what the subject matter of the agreement they wish to enter into the contract as long as it does not violate the laws and regulations. Then by entering a choice of law, the parties can easily determine the contents of the business contract because each party can already get clarity about the law that will be used and the interpretation of the contents of the contract so that the implementation of the contract will run more optimally.]]>
<![CDATA[The Need for Involving Third Parties in Dealing with ASEAN’s Marine Debris Problem ]]>
<![CDATA[Idris Idris]]>;
<![CDATA[Achmad Gusman Catur Siswandi]]>;
<![CDATA[Arfin Sudirman]]>;
<![CDATA[Amanda Yola Elvarina Sipahutar]]>;
<![CDATA[Mursal Maulana]]>
<![CDATA[ Balobe Law Journal Volume 2 Issue 2, October 2022 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Pattimura ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.47268/balobe.v2i2.1002
<![CDATA[Introduction: Marine debris has been a major problem towards ASEAN environment for the past decade, with several of its member state becoming the largest sources of marine derbis globally. The article presents three main causes of marine debris and reviewing how and to what extend ASEAN has attempted to stop or prevent the continuation of these causes.Purposes of the Research: This study aims to see whether main causes of ASEAN Marine Debris has already been tackled by ASEAN frameworks and policies, while also taking a third-party recommendation for consideration.Methods of the Research: This research was contucted using a normative juridical approach by examining literature studies or secondary data related to the research objects.Results of the Research: The result of this paper is that there is still a gap between the main causes of marine debris in ASEAN and the solution and steps planned out within ASEAN frameworks, which need to be filled with further research and study, conducted by ASEAN with collaboration from third parties.]]>
