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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 55 Documents
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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.
Responsibility of States, Individuals and Legal Entities Towards Marine Pollution Riry, Welly Angela; Waas, Armelia Febriyanti; Leatemia, Wilshen; Hattu, Vondaal Vidya; Noya, Ekberth Vallen
Balobe Law Journal Volume 5 Issue 1, April 2025
Publisher : Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/balobe.v5i1.2983

Abstract

Introduction: Marine environmental pollution is a global concern today because it has an impact on environmental sustainability and the use of marine resources. This problem not only affects the national interests of coastal countries, but also has implications for the welfare of all mankind.Purposes of the Research: Examine and analyze regulations on the protection of the marine environment from pollution, as well as the responsibility of the state, legal entities, and even individuals for marine pollution.Methods of the Research: This research is a normative research using a legislative approach with the sources of legal materials used are primary, secondary and tertiary legal materials with qualitative analysis.Results of the Research: Pollution of the marine environment is a global challenge that requires international cooperation. UNCLOS 1982 has established rules regarding the responsibilities of states, legal entities, and individuals in efforts to prevent, reduce, and handle marine pollution. Along with the increasing exploitation of marine resources, both in the energy and transportation sectors, the risk of pollution, especially due to oil spills, is getting higher. Therefore, national regulations that are aligned with international standards are needed to ensure the sustainable protection of the marine environment as well as effective accountability and compensation mechanisms for affected parties.
Blocking and Destroying Food Aid in Conflict Areas According to International Law Umarella, Andriani Putri Sari; Tahamata, Lucia Charlota Octavina; Daties, Dyah Ridhul Airin
Balobe Law Journal Volume 5 Issue 1, April 2025
Publisher : Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/balobe.v5i1.2945

Abstract

Introduction: The ongoing Israeli conflict in Gaza has triggered a severe food crisis due to the blocking and destruction of food aid, violating IHL provisions that prohibit starvation as a warfare tactic and attacks on objects essential for civilian survival.Purposes of the Research: This research examines IHL regulations and legal measures concerning food aid in the Gaza conflict.Methods of the Research: The study employs normative legal research by analyzing legal library materials through legislative, case-based, and conceptual approaches. The sources of legal materials include primary, secondary, and tertiary materials, collected through library research and analyzed qualitatively.Results of the Research: The findings indicate that IHL safeguards humanitarian aid, including food, in conflict zones, as outlined in the 1949 Geneva Conventions and the 1977 Additional Protocol I. Article 23 of the Fourth Geneva Convention mandates that warring parties permit humanitarian aid delivery, while Article 54 of Additional Protocol I prohibits destroying objects vital for civilian survival. Blocking and destroying food aid constitutes a grave breach, classified as a war crime under the 1998 Rome Statute. Legal enforcement mechanisms include decisions by the International Court of Justice (ICJ), investigations by the International Criminal Court (ICC), UN Human Rights Council (UNHRC) fact-finding missions, and humanitarian organizations such as the International Committee of the Red Cross (ICRC).
The Abuse of Diplomatic Immunity in the Basfar v Wong Case as Modern Slavery Rizqi, Miftah Aliya; Utama, Meria; Putri, Cynthia Azhara
Balobe Law Journal Volume 5 Issue 1, April 2025
Publisher : Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/balobe.v5i1.2931

Abstract

Introduction: This research is motivated by the numerous cases of modern slavery committed by diplomatic agent against domestic workers in the residences of diplomats who abuse diplomatic immunity.Purposes of the Research: To analyze the forms and legal consequences of the misuse of diplomatic immunity in the ruling on a case of modern slavery committed by the Saudi Arabian Diplomatic Agent (Mr. Basfar) against a Filipino migrant worker (Ms. Wong) in the United Kingdom.Methods of the Research: This legal research employs a normative legal research method which focuses on international law instruments relating to the issues contained in this study, utilizing statute and case approaches.Results of the Research: The findings indicate that the Saudi Arabian Diplomatic Agent has abused diplomatic immunity by violating the national laws of the United Kingdom as the receiving state, such as regulations concerning minimum wage payments and working hour requirements. The legal consequence for Ms. Wong in this ruling is the right to receive compensation from Mr. Basfar. According to the 1961 Vienna Convention, there are two legal consequences for Mr. Basfar's misuse of diplomatic immunity: the waiver of diplomatic immunity by the sending state and the declaration of a persona non grata sanction by the receiving state.
Impact of the Word “Right” in Environmental Law on the Environment Based on Human Rights Concept Seketi, Paringga Berlianna Byatara
Balobe Law Journal Volume 5 Issue 1, April 2025
Publisher : Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/balobe.v5i1.2905

Abstract

Introduction: This paper reviews the impact of the word “rights” in environmental regulations, namely Law Number 32 of 2009. The word “rights” in the regulation causes the community as legal subjects but unfamiliar with the law to assume that rights are an option not something that must be fulfilled to fulfill the human rights of the community as individuals.Purposes of the Research: This paper aims to ensure that the word “rights” in the Environmental Law is no interpreted as option but necessity to be fulfilled and guaranteed its realization by the state.Methods of the Research: Using normative legal research consisting of primary legal materials, namely the 1945 Constitution and Law Number 32 of 2009 concerning Environmental Protection and Management. Secondary legal materials are books, research results, legal journals. The method of thinking used is deductive.Results of the Research: Based on Theory of Integrating Universality and Pluralism, the results of the author's research show that origin of the community understands the word “rights” in environmental laws as an option because in the 1948 Universal Declaration of Human Rights there are economic, social and cultural rights, all of which must be balanced. The word “rights” in environmental laws provides an opening so that the economy and culture must also be considered in running life. Furthermore, the level of education, economy and culture in society also influences the neglect of the “right” to a clean and healthy environment for the community.
The Role of Pioneering Aviation in Building Remote Area Connectivity: Development Law Theory, Progressive Law Theory and Integrative Law Theory Tazkira, Ifa Titha
Balobe Law Journal Volume 5 Issue 1, April 2025
Publisher : Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/balobe.v5i1.2778

Abstract

Introduction: The geographical condition of Indonesia, where most of its territory consists of islands and archipelagos with many areas still isolated and difficult to reach, makes pioneer air transportation a potential solution for sustainable infrastructure development.Purposes of the Research: In order to understand the relevant legal perspectives regarding the role of pioneer air transportation in remote areas, this can be viewed from the combination of development law theory and progressive law theory, reinforced by integrative law theory.Methods of the Research: Using a normative juridical method, this research examines the law based on legislation related to the issues being studied. The research approach involves a conceptual approach, a statutory approach, and a case approach.Results of the Research: This writing examines the integration of three theories: development law theory, progressive law theory, reinforced by integrative law theory, in the role of pioneer air transportation to build connectivity in remote areas amidst various challenges. One of the main challenges is the difficult geographical conditions and limited infrastructure. Many isolated areas can only be accessed by air transportation; however, airport facilities and runways are often inadequate to support safe and efficient flight operations. The principle of sovereignty over airspace is the starting point for regulating most issues in international air law. With the presence of pioneer aircraft, areas that were previously isolated from economic or governmental centers become more accessible, which in turn opens up opportunities for the distribution of goods, services, and other resources.
The Practice of the Death Penalty in Middle Eastern Countries Reviewed from the Perspective of International Law Damura, Fahira Ode; Wattimena, Josina Augustina Yvonne; Tuhulele, Popi
Balobe Law Journal Volume 5 Issue 1, April 2025
Publisher : Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/balobe.v5i1.2414

Abstract

Introduction: Issues surrounding the application of the death law are still a topic of concern, especially in the context of its implementation. The debate continues, especially between countries that have abolished the death penalty and countries that still apply it. Those who support the death penalty argue that this step is still necessary for cases of serious crimes that threaten other individuals' human rights.Purposes of the Research: To study and understand how the death penalty is carried out in Middle Eastern countries and also to study and understand the views of international law in minimizing the practice of the death penalty in Middle Eastern countries.Methods of the Research: This writing uses a normative juridical research method, with the problem approaches used being the statutory approach, conceptual approach and case approach. The sources of legal materials in this writing are primary, secondary and tertiary legal materials. The technique for collecting legal materials uses library research which is then analyzed qualitatively to answer the problems being studied.Results of the Research: The research results show the practice of the death penalty in Middle Eastern countries, especially Saudi Arabia, Iran and Egypt, as well as the suitability of its implementation with international legal instruments such as the ICCPR and UDHR. It found that although several countries have ratified these instruments, the practice of the death penalty often contravenes human rights principles, especially regarding the fairness of legal proceedings and the death penalty for the most serious crimes. To minimize the use of the death penalty, it is recommended that Middle Eastern countries carry out in-depth legal reforms, including abolishing the death penalty for non-serious cases and increasing dialogue with the international community to respect and protect human rights.
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.

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