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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 108 Documents
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UJI COBA NUKLIR OLEH PRANCIS DI ATMOSFER WILAYAH PASIFIK SELATAN: NUCLEAR TESTING CONDUCTED BY FRANCE OVER THE ATMOSPHERE OF THE SOUTH PACIFIC REGION Septianingsih, Alizanoor; Izni, Rifdah; Sujatmoko, Andrey
terAs Law Review : Jurnal Hukum Humaniter dan HAM Vol. 6 No. 1 (2024): Mei 2024
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/m9jc2w69

Abstract

France was one of the countries that developed nuclear power as a source in 1970, and it was for this reason that France in 1973 proposed to conduct nuclear tests in the atmospheric region of the South Pacific. Later, the nuclear tests turned out to be risky, causing losses to countries in the Pacific and Oceania regions, especially Australia and New Zealand. The problems that will be researched are: what are the efforts made by Australia and New Zealand to prevent France from conducting nuclear tests in the South Pacific? The method used in this research is normative juridical, descriptive analytical, using secondary data, which includes primary and secondary legal materials obtained through literature studies, and data analysis is carried out qualitatively, and deductive conclusions are drawn. The conclusion obtained shows that the effort made by Australia, with the intervention of New Zealand, is to file a case against the French action to the International Court of Justice (ICJ) to prevent France from conducting nuclear tests in the atmosphere of the South Pacific region, considering that nuclear testing is one of the things that is prohibited in offshore areas and also in the atmosphere.
PENANGANAN PENGUNGSI ROHINGYA DI INDONESIA: HANDLING  OF  ROHINGYA REFUGEES  IN INDONESIA Mylova, Rezha Willy Putra; Naufal, Muhammad; Justinar, Jun
terAs Law Review : Jurnal Hukum Humaniter dan HAM Vol. 6 No. 1 (2024): Mei 2024
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/3vwk3q35

Abstract

Indonesia, as an archipelagic country with a Muslim majority population, has received Rohingya refugees in recent years. This article highlights Indonesia's response to the Rohingya humanitarian crisis, focusing on refugee policies and practices at the national level. This research is a normative legal research that includes research on legal principles with descriptive narratives. This research uses secondary and primary data as its main sources to support the findings. A comparative analysis will compare Indonesia's approach with other countries in the region, such as Malaysia and Thailand. The study shows that the three countries have not yet become parties to the 1951 Convention and/or the 1967 Protocol relating to the Status of Refugees, so the handling of Rohingya refugees in the three countries is handed over to the UNHCR. Thailand and Malaysia often detain refugees because they are illegal migrants. Indonesia, in handling Rohingya refugees, depends on assistance from donations from international organizations and other countries. This does not provide a long-term solution, so a comprehensive approach is needed in handling Rohingya refugees in Indonesia. The principle of non-refoulement binds all countries even if they are not parties to the 1951 Convention because this principle has become customary international law with a jus cogens character.
ANALISIS PENGGUNAAN BOM FOSFOR PUTIH DALAM PERANG ISRAEL - PALESTINA DAN LEBANON MENURUT HUKUM HUMANITER INTERNASIONAL: THE USE OF WHITE PHOSPHORUS BOMB ANALYSIS IN ISRAEL-PALESTINE AND LEBANON WARFARE UNDER INTERNATIONAL HUMANITARIAN LAW Wibowo, Aji; Kusuma, Muhammad Aziz Eka Surya; Maulana, Rafli Syah; Gunawan, Suryanto
terAs Law Review : Jurnal Hukum Humaniter dan HAM Vol. 6 No. 1 (2024): Mei 2024
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/z76fj398

Abstract

This research reviews the use of white phosphorus bombs carried out through artillery attacks with 115 mm White Phosphorus Artillery Projectiles by the Israel Army against populated areas in the Gaza City port area and rural areas on the Israel-Lebanon border. This research aims to find out how the dangerous effect that can be caused by the use of white phosphorus bombs in war which is prohibited from being used in war contained in Article 23 paragraphs (1), (2) and (4) of the 1907 Hague Convention and to find out what kind of impact resulted from the use of white phosphorus bombs. The type of research used in this article is qualitative research. The data sources of this research are the results of documents and actions related to the use of white phosphorus bombs by the Israel army in the Israel-Palestine and Lebanon wars. The result of the research is that Israel has violated the basic principles of international humanitarian law becouse Israel uses white phosphorus in war which white phosphorus bombs are very dangerous to humans which can cause injuries that are difficult to cure and if exposed to large amounts of exposure, it can damage the liver or kidneys with severe damage.  
Putusan Mahkamah Agung no 195 K/MIL/2015 mengenai Menghilangkan barang keperluan perang ditinjau BERDASARKAN Pasal 148 Kitab Undang-Undang Hukum Pidana Militer DAN PERSPEKTIF HUKUM HUMANITER: SUPREME COURT DECISION NO. 195 K/MIL/2015 REGARDING THE LOSS OF WAR SUPPLIES REVIEWED BASED ON ARTICLE 148 OF THE MILITARY CRIMINAL CODE AND HUMANITARIAN LAW PERSPECTIVE Rahmawati, Nuraida; Ramadan, Nursyachrani Tiara; Wangga, Maria Silvya E.
terAs Law Review : Jurnal Hukum Humaniter dan HAM Vol. 6 No. 1 (2024): Mei 2024
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/v4r37s57

Abstract

Taking military equipment as a firearm is a crime, and soldiers who carry firearms illegally will be punished according to criminal law. This study aims to determine and apply its nature, the study of the purpose of law, values, definitions, validity of legal rules, legal concepts and legal methods. The approach used in this study is a legal approach, historical approach, and theoretical approach. The formulation of this research problem is as follows. 1) What are the types of diseases that can arise as a result of taking up arms in decision-making? 2) What punishment will be given to perpetrators of crimes taking up arms under international humanitarian law? 3) What is the legal perspective used in the context of international humanitarian law? From the findings, one of the events of the loss of property or weapons involving TNI members was led by Budi Santoso, Lieutenant Colonel of Yonarmed unit 18/105 Magetan in East Java. Conclusion of Medan Military High Court Lieutenant Sus Budi Santosa, SH., MH. (March 5, 2018) the results showed that if a missing weapon is found, the soldier will be tried based on the crime he committed. The study is expected to focus on the necessary sanctions to prevent a recurrence of something similar in the future.
SEXUAL VIOLENCE  IN ARMED CONFLICT: ONE-SIDED JUSTICE FOR WOMEN: KEKERASAN SEKSUAL DALAM KONFLIK BERSENJATA: KEADILAN YANG BERAT SEBELAH BAGI PEREMPUAN Maratussholehah, Hanifah; Fitriliani, Yulia
terAs Law Review : Jurnal Hukum Humaniter dan HAM Vol. 6 No. 2 (2024): November 2024
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/12b4t622

Abstract

This paper explores the strategic use of sexual violence in armed conflict and the unequal application of justice for women victims. Drawing on international humanitarian law—including the Geneva Conventions, Additional Protocols, the Rome Statute, CAT, and the ICCPR—it affirms that sexual violence is strictly prohibited in both international and non-international conflicts. However, case studies from Palestine and Israel reveal that these legal protections are often not fully implemented or equitably enforced. Women are frequently subjected to coercion, humiliation, and intimidation, while systemic legal and social barriers hinder their access to justice. The discussion further highlights the limited availability of post-assault healthcare and the inadequate prosecution of perpetrators. The findings suggest that despite the existence of strong legal frameworks, justice remains selective and insufficiently survivor-centered. It is therefore imperative to ensure consistent enforcement of humanitarian and human rights law and adopt a victim-centered approach to eliminate gender-based disparities in accountability and protection
DISKRIMINASI KEBIJAKAN PEMERINTAH INDIA TERHADAP KAUM MUSLIM DALAM PERSPEKTIF HUKUM HAK ASASI MANUSIA INTERNASIONAL: DISCRIMINATION OF INDIAN GOVERNMENT POLICY AGAINST MUSLIMS IN THE PERSPECTIVE OF INTERNATIONAL HUMAN RIGHTS LAW Notoprayitno, Maya Indrasti; Louisa, Monique; Salsabilah, Nahdia
terAs Law Review : Jurnal Hukum Humaniter dan HAM Vol. 6 No. 2 (2024): November 2024
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/fxe93p65

Abstract

The increase in religious-based conflicts is the result of the use of religion by officials of the ruling Indian government who want to attract sympathy and support from the Indian population who are Hindu, which is the most widely followed belief in India. Since 2014, the government's policies have been perceived by the Indian and international community to marginalize Indian Muslims, particularly with the Citizenship Amendment Bill (CAA 2019). This paper discusses the racism that arises due to the differentiation in beliefs in Indian citizens. The research conducted in this paper is normative legal research using the library method. The results of the analysis are discussed with reference to the International Covenant on Civil and Political Rights. It can be concluded that the sectarian conflict in India due to the Citizenship Law is a form of discrimination that is contrary to Article 18 of the International Covenant on Civil and Political Rights, so there needs to be a further process in upholding religious rights in India.  
PERSPEKTIF HUKUM PERJANJIAN INTERNASIONAL ATAS KORBAN PENDUDUK SIPIL PADA KONFLIK BERSENJATA DI REPUBLIK DEMOKRATIK KONGO: PERSPECTIVE OF INTERNATIONAL TREATIES ON VICTIMS OF CIVILIAN POPULATIONS OF ARMED CONFLICT IN DEMOCRATIC REPUBLIK OF THE CONGO Andienda, Syarifah Prasya; Sekariani, Azizah; Fitriliani, Yulia
terAs Law Review : Jurnal Hukum Humaniter dan HAM Vol. 6 No. 2 (2024): November 2024
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/3y2er932

Abstract

This study aims to analyze the reparation mechanisms available to victims of international crimes, particularly in the context of a convicted person's inability to fulfill financial obligations, as well as the involvement of states pursuant to Article 31 of the ARSIWA. The case of Germain Katanga in the Democratic Republic of the Congo serves as a concrete example in which the defendant was found guilty of war crimes and crimes against humanity, yet lacked the means to provide direct compensation to the victims. Applying a normative legal approach, this research examines key instruments of international law, including the 1998 Rome Statute, the 1949 Geneva Conventions, the 1977 Additional Protocols, and the 1969 Vienna Convention on the Law of Treaties. The findings demonstrate that the Trust Fund for Victims (TFV), as established under Article 79 of the Rome Statute, functions as a collective mechanism that ensures victims' rights to reparation when the convicted person is unable to pay. Furthermore, Article 31 of the ARSIWA affirms the obligation of states to guarantee the fulfillment of reparation duties, either by contributing to the TFV or by supporting decisions rendered by the International Criminal Court (ICC). This study recommends strengthening international cooperation to ensure that the principle of restorative justice for victims continues to be upheld within the framework of international law.
KUALIFIKASI PENGGUNAAN SENJATA KIMIA PADA KONFLIK BERSENJATA DI SURIAH DARI PERSPEKTIF HUKUM HUMANITER INTERNASIONAL: QUALIFICATION OF CHEMICAL WEAPONS IN ARMED CONFLICT IN SYRIA FROM THE PERSPECTIVE OF INTERNATIONAL HUMANITARIAN LAW Fajwa, R. Halya Zayna; Wibowo, Aji
terAs Law Review : Jurnal Hukum Humaniter dan HAM Vol. 6 No. 2 (2024): November 2024
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/j4szzx92

Abstract

The conflict in Syria is part of the series of Arab revolutions that occurred in 2011  due to opposition to the regime of President Bashar al-Assad, evolving into armed  rebellion. The conflict reached its peak when battles involving chemical weapons  were discovered in Ghouta in August 2013, resulting in numerous casualties. This  has qualified as war crimes and serious violations from the perspective of  international humanitarian law. This research is a literature study using data  analysis methods. Based on the data obtained, the use of chemical weapons in this  warfare has violated the rules of the Organization for the Prohibition of Chemical  Weapons and international humanitarian law agreements.
KEBENCIAN TERHADAP RAS ASIA DI AMERIKA SERIKAT SAAT PANDEMI COVID-19 DITINJAU DARI HUKUM HAK ASASI MANUSIA INTERNASIONAL: RACIAL HATRED TOWARDS ASIANS IN THE U.S DURING THE COVID-19  FORM THE PERSPECTIVE OF INTERNATIONAL HUMAN RIGHTS LAW Dien, Carla Olivia Permana; Nrangwesti, Ayu
terAs Law Review : Jurnal Hukum Humaniter dan HAM Vol. 7 No. 1 (2025): Mei 2025
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/pdv2an10

Abstract

Crimes against humanity targeting Asian races in various regions of the world, including in the United States during the Covid-19 pandemic, have raised concerns. Numerous cases of racial crimes involving Asians as victims of violence have resulted in serious injuries and even loss of life. The legal issue discussed is the forms of human rights violations against Asians during the Covid-19 pandemic in the United States and the measures taken by the U.S. government to address these issues from the perspective of International Human Rights Law, such as the ICCPR and The Civil Rights Act. Racial discrimination and attacks against Asians undermine the right to life and individual security. Therefore, the U.S. government has acted to uphold the principles of International Human Rights by implementing stricter law enforcement measures to respond to discriminatory acts and racial hatred, allocating funds for victim recovery, and establishing a special task force to combat xenophobia against Asians in healthcare services. These efforts aim not only to achieve justice for victims but also to prevent future human rights violations  
UPAYA HUKUM DIPLOMATIK MALAYSIA TERHADAP DIPLOMAT KOREA UTARA DALAM KASUS PEMBUNUHAN KIM JONG NAM DI MALAYSIA MENURUT KONVENSI WINA 1961: MALAYSIA'S DIPLOMATIC LEGAL REMEDY AGAINST NORTH KOREAN DIPLOMAT IN THE CASE OF KIM JONG NAM ASSASSINATION IN MALAYSIA ACCORDING TO THE 1961 VIENNA CONVENTION Fadhil, Muhammmad Irfan; Notoprayitno, Maya Indrasti
terAs Law Review : Jurnal Hukum Humaniter dan HAM Vol. 7 No. 1 (2025): Mei 2025
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/p806vd72

Abstract

The right of diplomatic immunity has been contained in the 1961 Vienna Convention on Diplomatic Relations to support the performance of diplomats' duties, but the implementation of this right is often not in line with its designation. As the action of Secretary II Hyon Kwang Song, a diplomatic official of the North Korean Embassy in Malaysia who was involved in the murder of the North Korean leader's brother, Kim Jong Nam. Based on that, this research discusses the action of Hyon Kwang Song who abused the right of diplomatic immunity and the juridical effort made by Malaysia and North Korea in resolving this case. The research technique used normative legal research through descriptive secondary materials and deductive inference. The results of the analysis show that Hyon Kwang Song's action is a form of abuse of diplomatic immunity so that Malaysia declares Hyon Kwang Song as persona non grata or a person who is denied existence, but on the other hand North Korea tries to protect Hyon Kwang Song and does not impose any penalty on the diplomat due to political interest. The conclusion is that diplomatic relations are inseparable from political interest and abuse of diplomatic immunity often occurs and political interest influences the settlement of this case which has resulted in the termination of diplomatic relations between Malaysia and North Korea.

Page 10 of 11 | Total Record : 108

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