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[Peran Masyarakat Adat Dalam Menjaga Dan Melestarikan Lingkungan Hidup ]]>
<![CDATA[Noya, Ekberth Vallen]]>
<![CDATA[ Balobe Law Journal Volume 3 Issue 2, October 2023 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Pattimura ]]>
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DOI: 10.47268/balobe.v3i2.1833
<![CDATA[Introduction: This article outlines an analysis of the role of indigenous communities in protecting and preserving the environment through the traditional Kewang institution, so that the implementation of Sasi can run well.Purposes of the Research: The purpose of this article is to look at the role of indigenous communities in protecting and preserving the environment based on applicable customary law.Methods of the Research: The method used in this research is normative juridical which focuses on the main law by examining theories, concepts, legal principles and statutory regulations related to this research.Results of the Research: Environmental awareness is awareness that arises from an understanding of the relationship between humans and their environment. Awareness that humans are an integral part that cannot be separated from their environment is the key to successful environmental management. Through this understanding, on the one hand, it is hoped that good and healthy environmental quality will be realized as one of the constitutional rights of citizens as regulated in Article 28H of the 1945 Constitution. Community participation as an effort to protect the law can be seen in the applicable regulations. Indigenous communities in their role of protecting the environment, the Kewang institution has a big role, through Sasi, the kewang can carry out the function of protecting and preserving the environment.]]>
<![CDATA[Perlindungan Hukum Bagi Importir Tanaman Hias Online Dalam Melakukan Transaksi Ekspor-Impor Terhadap Wanprestasi Eksportir ]]>
<![CDATA[Sihite, Sri Rumada]]>
<![CDATA[ Balobe Law Journal Volume 3 Issue 2, October 2023 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Pattimura ]]>
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DOI: 10.47268/balobe.v3i2.1826
<![CDATA[Introduction: Ornamental plants come from various countries, both within and outside our country, Indonesia. One of them is Bangkok. Ornamental plants or often also called flowers, especially ornamental plants from Bangkok, which has a flower market, also have a lot of interest in our country, Indonesia. Transactions between exporters and importers of ornamental plants experience problems and have problems.Purposes of the Research: Know and understand the problems of exporting and importing ornamental plants.Methods of the Research: This research is normative research using a statutory approach with the sources of legal materials used are primary legal materials and secondary legal materials and tertiary legal materials with qualitative analysis.Results of the Research: The problem in the title is what legal protection is provided by the importer of ornamental plants if there is an importer's default such as the ornamental plant wilting and within a few days after being replanted the ornamental plant must be thrown away and cannot be resold. Refers to the obligations of the seller and buyer based on Article 1474 of the Civil Code, which states that the seller has the obligation to hand over the object and what he is selling and assume or guarantee it.]]>
<![CDATA[Perdagangan Organ Tubuh Manusia Sebagai Kejahatan Lintas Negara ]]>
<![CDATA[Fadillah, Astuti Nur]]>;
<![CDATA[Mahmud, Abbas]]>
<![CDATA[ Balobe Law Journal Volume 3 Issue 2, October 2023 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Pattimura ]]>
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DOI: 10.47268/balobe.v3i2.1822
<![CDATA[Introduction: Transplantation is intended to replace a damaged or functioning organ in the recipient with another organ that is still functioning from the donor. Technological developments in the world of health not only have a positive impact on the world of medicine but also open up opportunities for illegal human organ trading syndicates. Human organ trafficking is a type of transnational crime that has occurred frequently in recent decades.Purposes of the Research: Aims to analyze human organ trafficking as a transnational crime.Methods of the Research: The research method used is normative juridical.Results of the Research: Illegal trade in human organs involving cross-border syndicates is a transnational crime. Cross-border crime is a threat that is taken seriously by each country because it threatens the security and stability of the country. To prevent this, countries can work together with each other. with each other through bilateral agreements, one of which is the extradition agreement, to stop the practice of selling and buying human organs. It is hoped that the implementation of laws and regulations related to human organ crimes will run smoothly so that the perpetrators can be charged using existing regulations. So transplants can only be carried out for humanitarian purposes and can only be carried out in certain health facilities by health workers who have the expertise and authority to do so.]]>
<![CDATA[Upaya ASEAN Terhadap Eksploitasi Anak Untuk Perdagangan Narkotika ]]>
<![CDATA[Sopamena, Siska Vilonia Indah]]>;
<![CDATA[Talaperuw, Vivi]]>;
<![CDATA[Pattipeilohy, Quentyn Priscilla]]>
<![CDATA[ Balobe Law Journal Volume 3 Issue 2, October 2023 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Pattimura ]]>
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DOI: 10.47268/balobe.v3i2.1770
<![CDATA[Introduction: It is important to study child exploitation in the drug trade, its causes, and develop effective strategies to prevent and address this problem. ASEAN plays an important role for Southeast Asian countries fighting drug trafficking.Purposes of the Research: The purpose of this article is to study ASEAN's efforts in tackling the exploitation of children in the drug tradeMethods of the Research: Research for this article uses a normative juridical method, namely a method that examines and analyzes the substance of laws and regulations related to the subject matter of legal problems.Results of the Research: ASEAN's efforts in tackling the exploitation of children in drug trafficking are by prioritizing three essential things, namely policies, approaches and strategies, making sure that the views, approaches and coping methods used are aligned with the vision and mission of the ASEAN organization itself and can be approved by all members belonging to ASEAN. ASEAN’s efforts to this problematic phenomenon is by developing related legal products, cooperating with the Customs among countries, provide counseling on narcotics as a preventive measure, and more training to increase participation in these issues regionally.]]>
<![CDATA[ASEAN Charter and Regional Micro, Small and Medium Enterprises Development ]]>
<![CDATA[Daties, Dyah Ridhul Airin]]>;
<![CDATA[Peilouw, Johanis Steny Franco]]>
<![CDATA[ Balobe Law Journal Volume 3 Issue 2, October 2023 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Pattimura ]]>
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DOI: 10.47268/balobe.v3i2.1521
<![CDATA[Introduction: Micro, Small and Medium Enterprises (MSMEs) are a prominent sector in the Asian region that is proven to support the economy, especially developing countries. Although important, it is not uncommon for countries to ignore these independent economic initiatives.Purposes of the Research: This paper aims to provide a brief overview of ASEAN's role in the development of MSMEs in the Region which is the mandate of the ASEAN Charter.Methods of the Research: This research was conducted by conducting a normative juridical approach. Literature review and related secondary data.Results of the Research: The results showed that MSMEs are one of the efforts to realize the economic goals of the Region as stated in the ASEAN Charter. Behind its strategic role for the national and regional economies, MSMEs still often face various challenges, both internally, such as limited capital and technology, as well as externally, including issues related to licensing, raw materials, marketing to integration efforts into regional and global production chains. For this reason, ASEAN's role is very important, especially to implement the Strategic Action Plan for SME Development (SAPSMED) 2016-2025 with the vision of 'Globally Competitive and Innovative SME’.]]>
<![CDATA[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 ]]>
<![CDATA[Narwadan, Theresia Nolda Agnes]]>
<![CDATA[ Balobe Law Journal Volume 4 Issue 2, October 2024 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Pattimura ]]>
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DOI: 10.47268/balobe.v4i2.2404
<![CDATA[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.]]>
<![CDATA[Yurisdiksi Mahkamah Pidana Internasional Terhadap Penegakan Hukum Bagi Pelaku Kejahatan Perang Yang Bukan Negara Pihak Statuta Roma 1998 ]]>
<![CDATA[Patty, Jetty Martje]]>;
<![CDATA[Makaruku, Steven]]>
<![CDATA[ Balobe Law Journal Volume 4 Issue 2, October 2024 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Pattimura ]]>
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DOI: 10.47268/balobe.v4i2.2401
<![CDATA[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.]]>
<![CDATA[Interpretasi Hakim dalam Menyelesaikan Sengketa Pelanggaran Myanmar terhadap Konvensi Genosida ]]>
<![CDATA[Nisa’, Aulya]]>;
<![CDATA[Nirwana, Nirwana]]>;
<![CDATA[Kosho, Philippa Philomena]]>
<![CDATA[ Balobe Law Journal Volume 4 Issue 2, October 2024 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Pattimura ]]>
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DOI: 10.47268/balobe.v4i2.2388
<![CDATA[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.]]>
<![CDATA[Implikasi Eksekusi Kurator Atas Aset Debitor Pailit Yang Berada Di Luar Batas Yuridiksi Indonesia ]]>
<![CDATA[Saija, Ronald]]>;
<![CDATA[Nabila, Syadzwina Hindun]]>;
<![CDATA[Panjaitan, Wijaya Natalia]]>;
<![CDATA[Lenggono, Roy Prabowo]]>
<![CDATA[ Balobe Law Journal Volume 4 Issue 2, October 2024 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Pattimura ]]>
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DOI: 10.47268/balobe.v4i2.2367
<![CDATA[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.]]>
<![CDATA[Violations Committed by Israel in Armed Conflicts Under International Humanitarian Law ]]>
<![CDATA[Leatemia, Wilshen]]>
<![CDATA[ Balobe Law Journal Volume 4 Issue 2, October 2024 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Pattimura ]]>
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DOI: 10.47268/balobe.v4i2.2358
<![CDATA[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.]]>
