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terAs Law Review: Jurnal Hukum Humaniter dan HAM
Published by Universitas Trisakti
ISSN : 27158950     EISSN : 27162060     DOI : https://doi.org/10.25105/teras-lrev
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
terAs Law Review : Jurnal Hukum Humaniter dan HAM is an open access and peer-review journal with a double-blind review process. terAs Law Review : Jurnal Hukum Humaniter dan HAM encourages and accepts contributors from all over the world to submit their articles particularly on: International Humanitarian Law International Human Rights Law (with special reference to armed conflicts) However, terAs Law Review : Jurnal Hukum Humaniter dan HAM also receives various manuscripts from other branch of law, as long as the topic of discussion has to do with armed conflict, such as: International Law International Criminal Law International Environmental Law The Law of Treaty International Settlement of Disputes Refugee Law Diplomatic and consular relations Disarmament Law Cyber Law Philosophy and Theory of Law Constitutional Law Islamic Law Etc.
Arjuna Subject : Umum - Umum
Articles 5 Documents
 1 
Search results for , issue "Vol. 5 No. 2 (2023): November 2023" : 5 Documents clear
PENYIKSAAN TERHADAP TAHANAN ANAK PASCA-PROTES ANTI HIJAB DI IRAN (2022) MENURUT KONVENSI HAK-HAK ANAK 1989: CHILD DETAINEES TORTURE ON POST-ANTI HIJAB PROTEST IN IRAN (2022) ACCORDING TO THE 1989 CONVENTION ON THE RIGHTS OF THE CHILD Zitani, Amanda Raissa; Reza, Bhatara Ibnu
terAs Law Review : Jurnal Hukum Humaniter dan HAM Vol. 5 No. 2 (2023): November 2023
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/ptetnb77

Abstract

As a vulnerable group, children have the right to protection by the state, including children in Iran. As a country that has signed and ratified the Convention on the Rights of the Child (CRC), Iran has an obligation to ensure the rights of children in the country. In 2022, there were incidents of torture against child detainees by Iranian security forces due to nationwide anti-hijab protests following the death of Mahsa Amini. The problem formulation in this journal article is why Iran uses torture methods against child detainees in response to nationwide anti-hijab protests and what efforts are made to eliminate cases of torture against child detainees in Iran. The analysis results show that there is a finding of a practice of physical punishment commonly known as corporal punishment in Iran, applied to all sectors including children. Furthermore, this punishment is supported by various Iranian national legal regulations. Efforts to eliminate child torture have not been fully undertaken by the Iranian government. Iran needs to reform certain national legal provisions that support the practice of physical punishment, collaborate with international organizations such as UNICEF or international non-governmental organizations such as Amnesty International and Human Rights Watch. The authority of the Committee on the Rights of the Child and recommendations from the Special Rapporteur's report are also needed to help eliminate torture against child detainees in Iran.
PENEGAKAN KEAMANAN LAUT INDONESIA TERKAIT ANCAMAN OPERASI MILITARY GREY ZONE OPERATION OLEH CINA DI LAUT CINA SELATAN BERDASARKAN UNCLOS 1982: ENFORCEMENT OF INDONESIA’S MARITIME SECURITY  RELATED TO THE THREAT OF MILITARY GREY ZONE OPERATION BY CHINA IN THE SOUTH CHINA SEA BASED ON UNCLOS 1982 Putra, Dzulfiqar Gondawa; Fitriliani, Yulia
terAs Law Review : Jurnal Hukum Humaniter dan HAM Vol. 5 No. 2 (2023): November 2023
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/yb716g60

Abstract

The enforcement of maritime security within Indonesia is a manifestation of law enforcement and sovereignty over Indonesia's maritime zone. However, in practice there are still violations, including in the South China Sea adjacent to the North side of the North Natuna Sea. During 2022 to January 2023, China Coast Guard (CCG) ships owned by China conducted Military Gray  Zone Operations in the North Natuna Sea which is an area of Indonesia's Exclusive Economic Zone (EEZ). The problem of this research is whether the operations carried out by the CCG ships in the North Natuna Sea violate Indonesia's EEZ and Continental Shelf based on the 1982 United Nations Convention on the Law of the Sea (UNCLOS 1982), and what efforts will be made by Indonesia against the threat of these operations. This research uses secondary data sources so that it is normative legal research, with analytical descriptive nature and deductive logic. The conclusion obtained is that the operations carried out by the CCG vessels are a violation of Indonesia's EEZ and continental shelf. This is because based on the 2016 Permanent Court of Arbitration (PCA) Decision, the nine dash line claim is not in accordance with UNCLOS 1982 and the EEZ has gained international recognition. Furthermore, the operation also violates the principle of navigation, which is that crossing the jurisdiction of the coastal state must be continuous without stopping to unless there is a valid reason according to law; the obligation to respect the rights and obligations, and comply with the laws and regulations of the coastal state (Article 58 paragraph (3)); and the obligation of good faith (Article 300) of UNCLOS 1982. Efforts made by Indonesia are through national (Indonesia Marine Security Agency) and international (diplomacy and legal channels).
ANALISIS HUKUM KEBIJAKAN BEBAS VISA KUNJUNGAN DI INDONESIA DALAM PERSPEKTIF HUKUM KEIMIGRASIAN: LEGAL ANALYSIS OF VISA-FREE VISIT POLICY IN INDONESIA FROM THE PERSPECTIVE OF IMMIGRATION LAW Wiliani, Amalia; Yuspin, Wardah
terAs Law Review : Jurnal Hukum Humaniter dan HAM Vol. 5 No. 2 (2023): November 2023
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/fr997m89

Abstract

The obligation to obtain a visa-free visit (BVK) must consider the principles and reciprocal benefits of the country that will receive the BVK from Indonesia. The implementation of this visa-free policy has many impacts, especially on security and public order in Indonesia. The method of writing this article focuses on applicable laws and regulations related to BVK, as well as legal approaches and comparative research to Indonesia's visa-free policy with other Southeast Asian countries. The data used in this study are primary laws, government regulations, and ministerial decisions, as well as secondary sources such as academic articles, books, research reports, and other relevant sources. The latest regulation related to BVK, the Regulation of the Minister of Law and Human Rights Number 22 of 2023 concerning Visas and Stay Permits, states that only ten ASEAN countries are subject to Visa-Free Visits. The presence of foreigners in Indonesia using BVK has committed many immigration violations such as misuse of residence permits, so the implementation of BVK must be calculated and wisely in implementing the BV policy in the context of the Immigration Law, emphasizing the importance of considering the principle of reciprocity and the benefits of immigration law principles for foreigners, namely selective policy, which means that only foreigners who provide benefits are allowed to enter Indonesian territory.
Indikasi Pelanggaran Hak Asasi Manusia dalam Memorandum of Understanding Kerjasama Migrasi Italia dan Libya periode 2017-2019: INDICATIONS OF HUMAN RIGHTS VIOLATIONS IN THE MEMORANDUM OF UNDERSTANDING COOPERATION ON ITALIAN AND LIBYAN MIGRATION FOR THE PERIOD 2017-2019 Fikri Fahrul Faiz; Aulia, Nurul; Faiz, Fikri Fahrul
terAs Law Review : Jurnal Hukum Humaniter dan HAM Vol. 5 No. 2 (2023): November 2023
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/zn8m0a75

Abstract

This research examines the Indications of Human Rights Violations in the Memorandum of Understanding (MoU) on Cooperation on Development, Combatting Illegal Immigration, Human Trafficking and Smuggling, and on Strengthening Border Security Between Italy and Libya for the 2017-2019 Period. The 2017-2019 period was chosen because the period shows the running of the agreement which was then extended in 2020, and uses descriptive qualitative research methods. This research is conducted through literature studies sourced from official documents, books journal articles, publications, articles that can be accessed through the internet, and other references. This research uses the concepts of International Human Rights Law and Human Security to answer various findings related to indications of human rights violations in the MoU on migration cooperation between Italy and Libya. The study found that there are indications of human rights violations against migrants and refugees including violations of the principle of non-refoulement, prevention and restriction of inflows that have the potential for continuing violations in the form of threats of arrest and detention without going through a fair process, to not fulfilling aspects of Human Security.
OVERALL CONTROL DALAM KONFLIK RUSIA DAN UKRAINA DALAM HUKUM HUMANITER: OVERALL CONTROL IN THE CONFLICT OF RUSSIA AND UKRAINE IN HUMANITARIAN LAW Anabella, Angela June; Permanasari, Arlina
terAs Law Review : Jurnal Hukum Humaniter dan HAM Vol. 5 No. 2 (2023): November 2023
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/7gwv9103

Abstract

The annexation of Crimea and the emergence of armed conflict between Russia and Ukraine has risen a question of the form of armed conflict itself. Despite Russia disputing any proof of aiding rebel forces, there are several clear indications of Russia’s influence over the separatist groups. Overall control plays an important role in determining the shape of the conflict, whether it has turned into an International Armed Conflict or remained a Non-International Armed Conflict. This Overall Control is encompassed in many international law, each with its unique definitions and thresholds, causing tensions in-between. It must be defined clearly which test should be applied in the dispute for the non-International Armed Conflict to turn into an International Armed Conflict. The overall control test is more likely to be met and reliable, providing superior protection under Humanitarian Law. The clear indication of planning and coordination done by Russia towards the separatist group’s military actions has then fulfilled the test of overall control that was ruled by the International Criminal Court of the Former Yugoslavia.

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