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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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PERBANDINGAN HUKUM HUMANITER DAN HUKUM ISLAM TENTANG HAK ATAS RANSUM MAKANAN M. Farrel Abinoza; Jun Justinar
terAs Law Review : Jurnal Hukum Humaniter dan HAM Vol. 4 No. 1 (2022): Mei 2022
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (618.552 KB) | DOI: 10.25105/teraslrev.v4i1.15055

Abstract

Non-international armed conflict is a protracted armed conflict involving the government and oneor more armed group but also more less holds the same principle as the international armedconflict, such as the protection of civilians. The arab spring and the fall of Mu’ammar Al-Qadhdhāfīfrom the Libyan Presidency has caused Libya into a downward spiral sparking massive civil warwith many local armed parties that lasted for more than a decade. The armed conflict in Libya caused many civilian casualties, according to Article 3 Geneva Conventions of 12 August 1949states that in an armed conflict not of an international character the contracting parties mustgive protection to the persons taking no part in the hostilities, members of the armed forces wholaid down their arms to be treated humanely under no circumstances, without any adversedistinction founded on race, color, religion or faith, sex, birth or wealth, or any other similarcriteria . This journal aims to assess the implementation of international humanitarian law in theLibyan non-international armed conflict especially the protection of the civilians, the interferingof international actors in the peace process of Libya, along with explaining the challenges inimplementing international humanitarian law in the context of protection of the civilian. Thenonstop civil war between the Libyan government and the armed group must stop if the Libyanwants peace, they must set aside their difference and talk it out.
DAMPAK KONFLIK RUSIA-UKRAINA TERHADAP PERJANJIAN PERSAHABATAN ANTAR RUSIA DAN UKRAINA Julian Daniel; Arlina Permanasari
terAs Law Review : Jurnal Hukum Humaniter dan HAM Vol. 4 No. 1 (2022): Mei 2022
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (618.552 KB) | DOI: 10.25105/teraslrev.v4i1.15056

Abstract

International relations or international relations are human interactions between nations eitherindividually, or in groups that are carried out directly or indirectly. The existence of a number ofmajor countries in this world is a reality that cannot be denied anymore. The inequality of naturalresources and industries that encourage countries to work together gives rise to a norm so thateach country is not only concerned with its interests, but all actions or relations made with othercountries must pay attention to the rules of international law that arise both based oninternational treaties, international customs, general legal principles and judgments of scholars,international organizations or international institutions so as to achieve a legal order that doesnot interfere with peace, international security and justice.
ANALISIS PENGGUNAAN RUDAL X-22 DALAM PERANG RUSIA- UKRAINA MENURUT HUKUM HUMANITER INTERNASIONAL Muhammad Michael Kahfi; Arlina Permanasari
terAs Law Review : Jurnal Hukum Humaniter dan HAM Vol. 4 No. 1 (2022): Mei 2022
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (619.182 KB) | DOI: 10.25105/teraslrev.v4i1.15165

Abstract

In the Russo-Ukrainian conflict, two X-22 long-range missiles fired by Russian troops from a Tu-22M3 bomber from the Shaykovka airfield in the Russian territory of Kaluga and destroyed shopping center in the city of Kremenchuck, Central Ukraine, 27 June 2022. The incident killed at least 13 people and injured 50 local residents. This paper discusses the lagality of using means and methods of warfare in the framework of the basic rules on the means and methods of war under international humanitarian law. This research is normative research with a qualitative content analysis approach. The analysis was carried out based on several humanitarian law instruments, namely the basic rules stipulated in Article 22-23 of the Hague Regulations 1907, Article 35 and Parti II – IV of Additional Protocol I of 1977. It was concluded that the X-22 missile is a conventional weapon that can be used in an armed conflict but the methods or use must still comply with the basic rules on the means and methods of warfare, the principle of distinction and other humanitarian law principles.
TINDAKAN PENGEPUNGAN YANG MENYEBABKAN KELAPARAN DI MADAYA DALAM PERSPEKTIF HUKUM HUMANITER INTERNASIONAL: THE SIEGE CAUSING STARVATION IN MADAYA FROM AN INTERNATIONAL HUMANITARIAN LAW PERSPECTIVE Zulfa, Aninda Aulia; Patrecia, Audrey Putri; Uli, Cena Lucia; Justinar, Jun
terAs Law Review : Jurnal Hukum Humaniter dan HAM Vol. 4 No. 2 (2022): November 2022
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/teraslrev.v4i2.19955

Abstract

The Syrian people's rebellion against their government was a form of disappointment with the Al-Assad Regime, a conflict that triggered many victims and losses. The conflict between the rebels and the Syrian government resulted in violations of Geneva Law and Hague Law. The Syrian war spread to Damascus, the capital of Syria. As a result, the city experienced some of the effects of fighting between the rebellion and the Syrian government. One of the areas affected is Madaya, which is near Damascus. The city of Madaya is under siege by the Syrian government so around 40 thousand civilians there experience a crisis of basic needs such as clean water, medicine, and food, which triggers hunger and causes many victims. In addition, the use of landmines in the Syrian war is a crime that violates humanitarian law and requires the Syrian government to take full responsibility for the material and immaterial losses resulting from the threat of siege and the use of beatings. Therefore, a view of international humanitarian law is needed in the Syrian war.    
TERGANGGUNYA PASOKAN PANGAN PALESTINA SEBAGAI AKIBAT DALAM PERANG ISRAEL- PALESTINA MENURUT HUKUM HUMANITER INTERNASIONAL: THE DISRUPTION OF PALESTINIAN FOOD SUPPLY AS AN IMPACTS OF ISRAEL-PALESTINE WAR UNDER INTERNATIONAL HUMANITARIAN LAW Jamal, Carissa Belia Putri; Khawarizmi, Muhammad Fahreza; Notoprayitno, Maya Indrasti
terAs Law Review : Jurnal Hukum Humaniter dan HAM Vol. 4 No. 2 (2022): November 2022
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/teraslrev.v4i2.19956

Abstract

This research discusses and examines how the disruption of Palestinian food supply as a result of genocide committed by Israel against Palestine and the implications that occur as a result of the Genocide. This research is studied from the perspective of humanitarian law, specifically from the 1949 Geneva Convention, which previously explained the importance of food supply which is closely related to food security. This research aims to find out that in the conflict there are attitudes and behaviors of Israel that are contrary to the norms of international humanitarian law, as well as knowing whether the norms of humanitarian law are applied in the conflict and what legal consequences arise from the conflict to Palestine and Israel. The result of the discussion of this research is that Israel has violated several provisions of the Geneva Convention of 1949 concerning the protection of civilians in time of war.
PELANGGARAN HUKUM PADA INVASI RUSIA-UKRAINA DITIJAU DARI KONVENSI JENEWA 1949 : LEGAL VIOLATIONS IN THE RUSSIA-UKRAINE INVASION UNDER THE GENEVA CONVENTIONS OF 1949 Rizqiah, Siti Nur; Rachmadyantira, Kyla; Maharani, Adellia Puan; Angkasari, Wildani
terAs Law Review : Jurnal Hukum Humaniter dan HAM Vol. 4 No. 2 (2022): November 2022
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/teraslrev.v4i2.19963

Abstract

The invasion of Russia into Ukraine is an unforeseen condition that can disrupt world stability and peace. This war occurred due to the invasion of Russian military forces into Ukraine, as Ukraine joined NATO, which was perceived as a threat to Russia's security. Consequently, there have been violations of international humanitarian law as regulated in the Geneva Conventions. The objective of this research is to analyze legal violations in the Russia-Ukraine invasion from the perspective of the Geneva Conventions of 1949. The research method employed is juridical-normative research with a statute approach and case approach, using legal material tracing through library research for descriptive analysis. The results of this research show a juridical analysis of legal violations in the Russia-Ukraine invasion, viewed from the Geneva Conventions of 1949, indicating a series of actions that violate norms of international humanitarian law, regulated in the Geneva Conventions IV and II. These actions resulted in casualties, both injuries and fatalities, among civilians who should have been protected from invasion. Additionally, attacks on infrastructure, including energy and educational facilities, violate the principles of the Geneva Conventions that prohibit disproportionate destruction for military objectives and impact international trade activities. The responses from other countries to the Russia-Ukraine invasion include condemnation from various nations, including the European Union and Indonesia, regarding the violations of international humanitarian law. Therefore, accountability is deemed necessary.
KUALIFIKASI TINDAKAN PEMUTUSAN SUPLAI AIR DAN LISTRIK TERHADAP WARGA PALESTINA DALAM PERSPEKTIF HUKUM HUMANITER : QUALIFICATION OF WATER AND ELECTRICITY CUT-OFF MEASURES AGAINST PALESTINIANS IN THE PERSPECTIVE OF HUMANITARIAN LAW Hidayat, Nadia Angelica; Abdullah, Fero Sayid; Zuhra, Amalia
terAs Law Review : Jurnal Hukum Humaniter dan HAM Vol. 4 No. 2 (2022): November 2022
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/teraslrev.v4i2.19964

Abstract

The hostilities between Israel and Palestine is are escalating in 2023. It started with Hamas attacking Israel on October 7th, 2023. It led Israel to attack the Palestine, especially Gaza Strip with strikes. Not long after, the Government of Israel then ordered the Israeli companies to cut off water and electricity to Palestine. This action lead to several impacts on Palestinians, particularly civilians who do not participate in the hostilities. The action of cutting water and electricity are violating the principle of distinction, principle of precautionary, principle of unnecessary injuries, and principle of necessity.
PEMENUHAN HAK ATAS KESEHATAN TERHADAP INTERNALLY DISPLACED PERSONS LANJUT USIA DALAM BENCANA TSUNAMI ACEH 2004 OLEH PEMERINTAH INDONESIA MENURUT HUKUM INTERNASIONAL: FULFILLMENT OF THE RIGHT TO HEALTH FOR INTERNALLY DISPLACED PERSONS OF THE ELDERLY IN THE 2004 ACEH TSUNAMI DISASTER BY THE GOVERNMENT OF INDONESIA ACCORDING TO INTERNATIONAL LAW Surya, Muhammad Falih Nasywaan; Putri, Denyssa Jasmine Ardiansyah; Justinar, Jun
terAs Law Review : Jurnal Hukum Humaniter dan HAM Vol. 4 No. 2 (2022): November 2022
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/teraslrev.v4i2.20032

Abstract

The earthquake that occurred on December 26, 2004 caused a tsunami that hit several countries, including Indonesia. The victims of the Aceh Tsunami were internally displaced persons who were the responsibility of the Indonesian government. This research was created to answer the question: what is the international refugee legal framework in order to fulfill the right to health for elderly IDPs? And what are the efforts of the Government of Indonesia in fulfilling the right to health for elderly IDPs in situations of natural disasters? This research is descriptive normative with secondary data and deductive conclusions. The results showed that protection for the elderly is spread across several international agreements related to human rights. The Government of Indonesia fulfills the right to health for IDPs for elderly victims of the Aceh tsunami in collaboration with IOM and UNHCR.
PENYERANGAN TERHADAP PASIEN DI RUMAH SAKIT IBN SINA TEPI BARAT PALESTINA OLEH TENTARA ISRAEL DENGAN PENYAMARAN SEBAGAI DOKTER: ATTACKS ON PATIENTS AT IBN SINA HOSPITAL ON THE WESTBANK PALESTINE COMMITTED BY ISRAELI SOLDIERS DISGUISED AS DOCTORS Dzuhria, Ade Rizky; Wibowo, Aji
terAs Law Review : Jurnal Hukum Humaniter dan HAM Vol. 5 No. 1 (2023): Mei 2023
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/teraslrev.v5i1.12403

Abstract

The purpose of this research is to find out how the protection of civilian object and armed members injured in armed conflicts is regulated according to international humanitarian law, and to examine the role of the International Criminal Court (ICC) in efforts to enforce the regulations on the protection of civilian and military objects against the actions of Israeli soldiers according to humanitarian law. This writing method uses normative legal research methods. The secondary legal materials used are the Hague Conventions of 1907, the Geneva Conventions of 1949 and the Additional Protocol I of 1977, and the Rome Statute of 1998. These three regulations are important references for upholding International Humanitarian Law (IHL) in both international and non-international armed conflicts. Because this still frequently occurs and many civilian objects become targets of war resulting in suffering for civilians and military personnel undergoing treatment. The International Criminal Court as part of the global justice system since 2002, has the authority to prosecute those who commit genocide, war crimes, and crimes against humanity as stipulated in the Rome Statute. Although Israel is not basically a party to the Rome Statute because it has not ratified it yet, the Prosecutor of the ICC who has a referral from the UN Security Council can bring charges against non-ratifying states.
Kebebasan berbicara versus pertimbangan keamanan cyber menurut perspektif hukum dan HAM : FREEDOM OF SPEECH VERSUS CYBER SECURITY CONSIDERATIONS: FROM A LEGAL AND HUMAN RIGHTS PERSPECTIVE Nurhayati, Siti; Salsabila , Lia; Hidayat, Rizal; Salsabila, Lia
terAs Law Review : Jurnal Hukum Humaniter dan HAM Vol. 5 No. 1 (2023): Mei 2023
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/teraslrev.v5i1.19981

Abstract

Freedom of speech is a human right and is also stated in the 1945 Constitution of the Republic of Indonesia Article 28 E Paragraph 3 concerning freedom of association, freedom to express opinions or be given freedom of speech, but this freedom also has other provisions regarding the use of this right. in the regulations regarding cyber security in Republic of Indonesia Law Number 3 of 2002 concerning Defense. The state states that national defense aims to maintain and protect the sovereignty of the country, the territorial integrity of the Unitary State of the Republic of Indonesia (NKRI) and the safety of the entire nation from all forms of threats, both military and non-military threats. Non-military threats, especially in cyber space, have caused the country's capabilities in the field of soft and smart power defense to be improved through strategies for deterring, taking action and restoring cyber defense in order to support the implementation of the national cyber security strategy driven by the Ministry of Communication and Information. Indonesian law also does not provide legal certainty in dealing with cyber attacks such as cyber espionage. Cyber security is not only the responsibility of the government, but also the responsibility of every individual. Awareness about the dangers of cyber espionage needs to be instilled in everyone. The National Police has a role in protecting society from cyber attacks.

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