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[Konsep Perlindungan Hukum Bagi Pengungsi Anak Dari Ukraina Dalam Perspektif Hukum Pengungsi Internasional ]]>
<![CDATA[Rachma Rizky Melania Latuconsina]]>;
<![CDATA[Arman Anwar]]>;
<![CDATA[Dyah Ridhul Airin Daties]]>
<![CDATA[ Balobe Law Journal Volume 3 Issue 1, April 2023 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Pattimura ]]>
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DOI: 10.47268/balobe.v3i1.1512
<![CDATA[Introduction: The war in Ukraine caused Ukrainian refugees, including children, to be forced to leave their homes to seek protection in areas that were still safe within the country of Ukraine as Internally Displaced Persons or IDPs.Purposes of the Research: This study aims to find out how the concept of legal protection for children who become refugees as a result of armed conflict and how the implementation of legal protection for children who become internally displaced persons in Ukraine.Results of the Research: The concept of humanitarian intervention to protect child refugees is the responsibility of the state as the national authority of Ukraine. but the conditions of war make a country unable to carry out its responsibilities as well as possible to protect internally displaced children as victims of war in their country. Although without intending to ignore the rights of child refugees, a country in a war situation will certainly place more strategic interests on military defense as its top priority, rather than other affairs and interests. the lack of proper livelihood and education for child refugees in Ukraine is one of the proofs showing that the Ukrainian state has not been successful as the main responsibility for protecting child refugees in the country. Therefore, the main responsibility cannot only be placed solely on the national authorities of the Ukrainian state, but must be the responsibility of all nations in the name of humanity, as is the case with international refugees who receive international protection. Children are a vulnerable group, very different from adult refugees. They need special attention so that they require more or different protection and handling measures because of their age. The best principle for the child (best interest of the child) must be the basis of his protection.]]>
<![CDATA[Konsep Hukum Kerjasama Internasional dalam Menghadapi Penyelundupan Senjata Api di Wilayah Perbatasan ]]>
<![CDATA[Nahria Fahrani Abidin]]>;
<![CDATA[Johanis Steny Franco Peilouw]]>;
<![CDATA[Josina Augustina Yvonne Wattimena]]>
<![CDATA[ Balobe Law Journal Volume 3 Issue 1, April 2023 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Pattimura ]]>
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DOI: 10.47268/balobe.v3i1.1511
<![CDATA[Introduction: The prohibition of firearms smuggling in the Palermo convention and its additional protocols is in fact in stark contrast to the fact that firearms smuggling continues to be carried out in the border areas of Southeast Asian countries.Purposes of the Research: This study aims to find out what are the factors that cause firearms smuggling in border areas, and how the legal concept of international cooperation is in dealing with firearms smuggling in border areas.Methods of the Research: This study uses normative legal research methods, which aims to find out what are the factors that cause firearms smuggling in border areas, and how the legal concept of international cooperation is in dealing with firearms smuggling in border areas.Results of the Research: The cause of the smuggling of firearms in the border region is caused by the activities of terrorist groups in the Southeast Asian region. The activities of these terrorist groups stimulate the emergence of conflicts in border areas, resulting in an increase in the need for weapons transfers which lead to smuggling activities. The fact is that the need for weapons transfer by smuggling also involves countries affected by conflict. In practice, both the state and terrorist groups tend to smuggle firearms because they are more affordable financially and also have a steady market with higher levels of supply. The legal concept of international cooperation that can be offered in dealing with smuggling of firearms in this border region is by using international cooperation between countries using the Mutual Legal Assistance mechanism established according to the 2000 Palermo Convention. The concept of cooperation between countries must be supported by increasing human resource capacity and legal coordination between ASEAN member countries.]]>
<![CDATA[Perlindungan Hak Asasi Manusia Terhadap Perempuan Di Daerah Konflik ]]>
<![CDATA[Astuti Nur Fadillah]]>;
<![CDATA[Jacob Hattu]]>
<![CDATA[ Balobe Law Journal Volume 3 Issue 1, April 2023 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Pattimura ]]>
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DOI: 10.47268/balobe.v3i1.1376
<![CDATA[Introduction: Humans as creatures created by God Almighty have basic rights inherent in themselves that must be protected, besides that humans, fellow creatures of God, should be obliged to respect other human rights.Purposes of the Research: The research aims to be able to analyze the Protection of Human Rights Against Women in Conflict Areas.Methods of the Research: The research method used is normative juridical research.Results of the Research: Conflicts in several countries cannot be avoided, and until now conflicts still occur in several countries. The conflict that occurred gave fear and a feeling of insecurity for the community. In essence, conflict cannot be separated from acts of violence and can cause material and psychological losses. Violence that occurs in armed conflicts usually does not only happen to men but also occurs to women. Sexual violence in armed conflicts in humanitarian law refers more to acts of attacking women's reputation for honor. The presence of human rights instruments must be a guideline for the protection of women's rights so that they are no longer victims of violence. In addition, women must also be given the opportunity to participate in conflict resolution.]]>
<![CDATA[Dampak Gelombang Kapal Cepat Pada Wilayah Pesisir Pantai Yang Mengakibatkan Abrasi ]]>
<![CDATA[Melva Noya]]>;
<![CDATA[Ekberth Vallen Noya]]>
<![CDATA[ Balobe Law Journal Volume 3 Issue 1, April 2023 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Pattimura ]]>
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DOI: 10.47268/balobe.v3i1.1366
<![CDATA[Introduction: Seacoast areas and small islands have strategic meaning in building the nation and prospering its people. This is because of the wealth of natural resources contained in this region, both biological and non-biological. However, this wealth of natural resources has not been utilized optimally, which is partly due to sectoral egos between government agencies.Purposes of the Research: To determine the impact of abrasion from the activities of fast boats with great power that cause large waves and result in an abrasion on the coast.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: Abrasion is the process of releasing the energy behind the waves towards the land, hitting the coastal areas, then washing away "soil debris" along the coastal slopes, and finally being deposited in the sea. The greater the wave strength, the more abrasion occurs and the more "soil debris" is washed away. The process of eroding the beach caused by the destructive power of sea waves and ocean currents is known as abrasion. Beach erosion is another term for abrasion. Shoreline damage due to abrasion is influenced by natural phenomena and human actions. Human actions that encourage abrasion include taking stones or sand from the coast or rivers as building materials. In addition, the felling of trees in coastal forests or mangrove forests spurs faster coastal abrasion. However, the process of erosion due to the waves of fast boats is also very much felt in coastal communities.]]>
<![CDATA[International Legal Protection of The Impact of State Activities In Space For Other Countries ]]>
<![CDATA[Syeni Angel Pattiasina]]>;
<![CDATA[Wilshen Leatemia]]>;
<![CDATA[Welly Angela Riry]]>;
<![CDATA[Richard Marsilio Waas]]>
<![CDATA[ Balobe Law Journal Volume 3 Issue 1, April 2023 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Pattimura ]]>
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DOI: 10.47268/balobe.v3i1.1359
<![CDATA[Introduction: Remote sensing is a natural identification system method or determination of the condition of objects on the earth's surface as well as goods beneath or above it, with suggestions for observations from the air and space. The consequences that are detrimental to the country in the absence of regulation in the use of data and information from remote sensing results from satellites in the economic field are closely related to welfare issues.Purposes of the Research: The purpose of this research is to know and understand the regulation of remote sensing in international law and the impact of its use on other countries.Methods of the Research: This research is a normative study using a statutory approach with the source of legal materials used primary legal materials and secondary legal materials and tertiary legal materials with qualitative analysis with deductive and inductive methods.Results of the Research: The impact of state activities in space, in this case, remote sensing activities, is very beneficial for human life because remote sensing with satellites can cover large areas in a short time. However, on the other hand, these activities can cause a detrimental effect on the countries being sensed, or the under-country, whether in the economic, political, or state defense and security (military) fields because they are related to the sovereignty of the under-country based on international law.]]>
<![CDATA[Kedudukan Resolusi Dewan Keamanan PBB Menurut Pasal 25 Piagam PBB ]]>
<![CDATA[Makarawung, Julio Franco Jehovah]]>;
<![CDATA[Waas, Richard Marsilio]]>;
<![CDATA[Daties, Dyah Ridhul Airin]]>
<![CDATA[ Balobe Law Journal Volume 4 Issue 1, April 2024 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Pattimura ]]>
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DOI: 10.47268/balobe.v4i1.2051
<![CDATA[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).]]>
<![CDATA[Pelanggaran Wilayah Udara Indonesia Oleh Pesawat Asing Menurut Hukum Internasional ]]>
<![CDATA[Tiwery, Zepty Fence]]>;
<![CDATA[Hanafi, Irma Halima]]>;
<![CDATA[Riry, Welly Angela]]>
<![CDATA[ Balobe Law Journal Volume 4 Issue 1, April 2024 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Pattimura ]]>
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DOI: 10.47268/balobe.v4i1.2046
<![CDATA[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..]]>
<![CDATA[Durable Solutions Bagi Pengungsi Etnis Rohingya Tanpa Kewarganegaraan Menurut Hukum Internasional ]]>
<![CDATA[Ranty, Aprianti]]>;
<![CDATA[Lestari, Maria Maya]]>;
<![CDATA[Deliana, Evi]]>
<![CDATA[ Balobe Law Journal Volume 4 Issue 1, April 2024 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Pattimura ]]>
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DOI: 10.47268/balobe.v4i1.2026
<![CDATA[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.]]>
<![CDATA[Advokasi World Animal Protection Terhadap Permasalahan Kesejahteraan Beruang Melalui China’s Local Office Ditinjau Dari Hukum Organisasi Internasional ]]>
<![CDATA[Manurung, Hadonia Lazarus]]>;
<![CDATA[Jayakusuma, Zulfikar]]>;
<![CDATA[Diana, Ledy]]>
<![CDATA[ Balobe Law Journal Volume 4 Issue 1, April 2024 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Pattimura ]]>
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DOI: 10.47268/balobe.v4i1.1993
<![CDATA[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.]]>
<![CDATA[Kondisi dan Dampak Perbedaan Regulasi Penanganan Narkoba di Beberapa Negara ASEAN ]]>
<![CDATA[Wear, Elsa Amalia]]>
<![CDATA[ Balobe Law Journal Volume 4 Issue 1, April 2024 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Pattimura ]]>
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DOI: 10.47268/balobe.v4i1.1944
<![CDATA[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.]]>
