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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 61 Documents
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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.
Breach of Contract by The Owner of a Multilevel Marketing Business in International Transactions Sihite, Sri Rumada; Laturette, Adonia Ivonne; Labetubun, Muchtar Anshary Hamid
Balobe Law Journal Volume 6 Issue 1, April 2026
Publisher : Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/balobe.v6i1.3868

Abstract

Introduction: A multilevel business owner who breaches a promise, or in other words, commits a breach of contract in international transactions, is proven to have breached a promise in this study. This study examines whether the breach of contract by multilevel business owners in international transactions is a deliberate act, a legal act, or the result of information asymmetry, differences in regulations between countries, and weak oversight of multilevel business schemes that fall under jurisdictional authority.Purposes of the Research: To examine the rights of multilevel marketing members in cases of breach of contract by multilevel marketing business owners who fail to fulfill their obligations, or, in other words, in international transactions, as well as the legal consequences of such transactions.Methods of the Research: The research method used is the normative legal method, employing a legislative and conceptual approach.Results of the Research:  Breach of contract by multi-level business owners in international transactions, where such owners have been found to potentially commit breach of contract in the form of a breach of promise—specifically, by failing to pay bonuses or commissions in accordance with the promised scheme to cross-border recipients. The legal consequences of breach of contract refer to Article 1243 of the Civil Code, namely compensation, cancellation of the agreement accompanied by compensation, transfer of risk, and payment of legal costs, but in an international context. The affected members face challenges in the form of a conflict of laws when the contract does not specify a clear choice of law. In this case, compensation is sought in the form of monetary damages.
Ratification of the Biodiversity Beyond National Jurisdiction Agreement: Implications for Indonesia’s National Interests and Implementation Challenges Indrawati, Nanda; Setyardi, Untung
Balobe Law Journal Volume 6 Issue 1, April 2026
Publisher : Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/balobe.v6i1.3775

Abstract

Introduction: Areas Beyond National Jurisdiction (ABNJ) cover approximately two-thirds of the world's oceans. These areas play a vital role in maintaining the balance of the global marine ecosystem. However, the United Nations Convention on the Law of the Sea 1982 does not comprehensively regulate the conservation and utilisation of marine biodiversity in these areas. This legal vacuum led to the creation of the Agreement on Marine Biological Diversity of Areas Beyond National Jurisdiction (BBNJ Agreement). Indonesia has ratified this agreement through Presidential Regulation No. 67 of 2025, which has legal implications for the national legal system.Purposes of the Research: This article aims to analyse the implications of ratifying the BBNJ Agreement for Indonesia's national interests and the challenges of implementing it within the national legal system.Methods of the Research: This study uses a normative legal research method with a legislative and conceptual approach through a review of relevant international legal instruments and national legislation.Results of the Research: The results of the study show that ratification of the BBNJ Agreement is strategically crucial for Indonesia as an archipelagic and developing country, particularly through the four main pillars of the BBNJ Agreement, namely the regulation of marine genetic resources and benefit sharing, area-based management tools, environmental impact analysis, and capacity building and marine technology transfer. However, ratification also poses legal and institutional challenges, including the need to harmonize national legislation, regulate marine genetic resources and digital sequence information, strengthen inter-ministerial coordination, and adjust law enforcement mechanisms for Indonesian citizens' activities in international waters. Therefore, follow-up measures are needed to strengthen the national legal and institutional framework so that the implementation of the BBNJ Agreement can proceed effectively and in line with Indonesia's national interests.
The Ilo’s Role in Protecting Domestic Workers in Indonesia Is Highlighted by The Ratification of Convention Number 189 of 2011 Masruroh, Siti; Supriyanto, Agustinus
Balobe Law Journal Volume 6 Issue 1, April 2026
Publisher : Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/balobe.v6i1.3752

Abstract

Introduction: The 2020 annual report of the National Commission on Violence Against Women confirmed at least 34 cases related to domestic workers throughout 2019. Meanwhile, documentation of these cases by the National Network for Domestic Workers Advocacy (JALA PRT) states that between 2012 and 2019, there were more than 3,219 cases experienced by domestic workers, including psychological abuse (isolation and confinement), physical abuse, economic abuse (withholding of personal documents, unpaid wages, sick pay, unpaid holiday pay), and human trafficking.  Meanwhile, from 2017 to 2022, at least 2,673 cases of violence experienced by domestic workers did not decrease but instead increased. Therefore, the role of the ILO in Indonesia is quite important in preventing the continuation of this problem.Purposes of the Research: This study aims to determine and analyze the extent of legal protection for domestic workers provided by the Indonesian government and the role of the ILO (International Labor Organization) as an international organization that collaborates with the government, employers, and non-governmental organizations.Methods of the Research: This research uses a normative-empirical legal research method, which functions as a study of normative-empirical legal issues in the form of legal behavior products. Normative-empirical studies focus on the application of applicable legal provisions to every legal event that occurs in society to achieve that goal. This research begins with the applicable legal provisions in written form for each legal event in society, thus combining two stages of study. The first stage examines the applicable normative laws, and the next stage applies these laws to events that occur in society in order to achieve the selected objectives. Based on the above explanation, this research requires primary and secondary data.Results of the Research: The ILO, as the representative of the International Labor Organization, has done a lot to oversee and encourage the ratification of domestic worker protection and the immediate passing of the PPRT Bill. In this case, various projects have been carried out by the ILO to facilitate the realization of protection for domestic workers, one of which is by inviting cooperation with various groups from NGOs, employers, and the government. This includes providing socialization and training for domestic workers by inviting cooperation with JALA PRT. JALA PRT also has domestic worker schools in several major cities that provide education to domestic workers regarding the rights and obligations they should receive.
Law Enforcement Against Environmental Damage and Pollution by Mining Companies ernate, Fandi Ahmad T; Berlianty, Teng; Holle, Erick Stenly
Balobe Law Journal Volume 6 Issue 1, April 2026
Publisher : Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/balobe.v6i1.3714

Abstract

Introduction: The environment inhabited by humans must be a good and healthy environment, far from pollution and damage, so that humans can continue their lives in this world.Purposes of the Research: The objectives of this study are: To study and analyze the responsibility of companies that pollute the environment in Central Halmahera, North Maluku Province.Methods of the Research: The type of research conducted in this paper is normative juridical law research that is descriptive and analytical. Normative legal research is a form of legal writing that is based on the characteristics of normative law. The approach used is a statutory approach or a juridical approach, namely research on legal products, and a conceptual approach. This approach is carried out because there is no legal regulation for the problems discussed. This conceptual approach starts from the views and doctrines that have developed in legal science, resulting in an understanding of the law and legal principles that are relevant to the problems discussed.Results of the Research: The results of this study show that the responsibility of the nickel mining company PT Indonesia Weda Bay Industrial Park (IWIP) which is suspected of environmental pollution that occurs includes preventive measures, waste management and recovery if environmental damage occurs, then business actors are absolutely responsible. Civil Liability of the nickel mining company PT Indonesia Weda Bay Industrial Park (IWIP) includes installing a waste management unit so that the 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 the remains of waste that comes out into the river can be quickly decomposed.
Legal Challenges in Marine Governance in the North Natuna Marine Dispute Area Kosho, Philippa Philomena; Rantung, Esterlita Nova Yaser
Balobe Law Journal Volume 6 Issue 1, April 2026
Publisher : Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/balobe.v6i1.3171

Abstract

Introduction: The North Natuna Sea is rich in natural resources but remains a disputed area due to China’s nine-dash line claim, which overlaps with Indonesia’s EEZ under UNCLOS 1982.Purposes of the Research: The purpose of this study is to analyze Indonesia’s legal position and dispute resolution strategies in the North Natuna Sea.Methods of the Research: This research uses a normative juridical method by analyzing international legal instruments and national regulations related to EEZ and the law of the sea.Results of the Research: The findings show that Indonesia has a strong legal standing over its EEZ in the North Natuna Sea based on UNCLOS 1982. However, enforcement faces challenges such as unilateral claims, illegal foreign vessel activities, limited surveillance capacity, and weak dispute resolution mechanisms. A comprehensive strategy combining legal action, diplomacy, and strengthened economic presence is needed to uphold sovereignty and sustainably manage marine resources.

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