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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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PENGHANCURAN WARISAN BUDAYA DI TIMBUKTU OLEH ANSAR DINE DI TAHUN 2012: PELANGGARAN TERHADAP KONVENSI DEN HAAG 1954? DESTRUCTION OF CULTURAL HERITAGE IN TIMBUKTU BY ANSAR DINE IN 2012: A VIOLATION OF THE 1954 HAGUE CONVENTION? Pashya, Habib; Faradila, Muslihah; Nurfitriyani, Resti; Istiqomatunnisa
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.v5i1.20565

Abstract

The armed conflict in Mali since 2012 has had a significant impact on the destruction of various cultural sites, particularly in Timbuktu. The research method used in this research is a literature study by reviewing various relevant literatures on the case study, while using a normative-juridical approach through analysis of the articles of the Hague Convention and international judicial decisions through the articles contained in the Rome Statute. This is because this conflict has resulted in significant violations of the 1954 Hague Convention, which regulates the Protection of Cultural Property in the Event of Armed Conflict as stated in Article 2 regarding the importance of protecting cultural property in conflict areas. Moreover, there have been violations of the Rome Statute governing the jurisdiction of the International Criminal Court (ICC). In addition, this conflict has violated the principles of distinction and precaution as it has resulted in the destruction of civilian objects such as places of worship categorized as cultural heritage. The purpose of this study is to highlight the importance of implementing international law in protecting the cultural heritage owned by every nation. Furthermore, this research emphasizes the importance of stronger international cooperation to protect cultural heritage, especially in areas prone to armed conflict. It also emphasizes the importance of taking firm action against violators of international humanitarian law such as the ICC trial of Al-Mahdi from Ansar Dine for the destruction of cultural heritage in Timbuktu.
TANGGUNG JAWAB NEGARA ATAS PELINDUNGAN OBJEK SIPIL PADA KONFLIK BERSENJATA BERDASARKAN PRINSIP PROPORSIONALITAS DALAM HUKUM HUMANITER INTERNASIONAL: STATE RESPONSIBILITY FOR THE PROTECTION OF CIVILIAN OBJECTS IN ARMED CONFLICT BASED ON THE PROPORTIONALITY PRINCIPLE IN INTERNATIONAL HUMANITARIAN LAW Fitriliani, Yulia; Sujatmoko, Andrey
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.v5i1.20609

Abstract

In IHL, there is the principle of proportionality, namely in the case of carrying out an attack, both the means and the method, the damage that will be suffered by the civilian population or civilian objects must be proportional in nature and not excessive in relation to the acquisition of real and direct military benefits that can be predicted as a result of the attack on military targets. But in reality, in an armed conflict, there must be many victims, both from those who participate and those who do not participate in the war, and cause damage to civilian objects, either intentionally or unintentionally. Therefore, the research problem is how the act of attacking civilian objects in armed conflict based on the principle of proportionality; and how the state's responsibility for the protection of civilian objects in armed conflict based on the principle of proportionality. The results of the research concluded that (1) During armed conflict, it is still necessary to fulfill the principles and provisions in IHL, one of which is the principle of proportionality based on Article 57 paragraph (2) (a) (i to iii) of Additional Protocol I, 1977. The party that will carry out the attack has the obligation to gather information in advance before and at the time of the attack in order to know that the target to be attacked is a military target, not a civilian object. Then take all precautions in choosing the means and methods of attack, so that the damage to be suffered by the civilian population or civilian objects is proportionate and not excessive in relation to the acquisition of real and direct military advantage; (2) In the event of an attack on civilian objects in armed conflict, the attacking state must be responsible for all internationally wrongful acts, which result in damage and loss. This is stipulated in ARSIWA 2001, Article 2. In IAC, the 1907 Hague Convention IV, Article 3; the 1949 Geneva Conventions, namely Article 51 of Geneva Convention I, Article 52 of Geneva Convention II, Article 131 of Geneva Convention III, and Article 148 of Geneva Convention IV, 1949; Additional Protocol I, 1977, Article 91 apply. In NIAC, Article 3 of the Geneva Conventions 1949 applies.
PENGARUH KEBIJAKAN LUAR NEGERI TERHADAP HUKUM PIDANA INTERNASIONAL: THE INFLUENCE OF FOREIGN POLICY ON INTERNATIONAL CRIMINAL LAW Ferdiansyah, Ferdy; Pribadi, Riky
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.v5i1.21589

Abstract

The application of international criminal law in Africa is greatly influenced by the foreign policies of international actors and African countries themselves. The foreign policies of international actors, such as Western countries and multilateral organizations, often determine support for or rejection of institutions such as the International Criminal Court (ICC). This international support, whether diplomatic pressure or financial assistance, strengthens the role of international legal institutions in the prosecution of serious crimes in Africa. However, this relationship also gives rise to political tensions, where several African countries see this intervention as a form of neo-colonialism and ignore their national sovereignty. On the other hand, the foreign policies of African countries show complex dynamics. Some countries, such as Botswana, fully support the ICC as a means of ensuring accountability, while others, such as Sudan and Kenya, reject international intervention, especially in cases involving their political leaders. The relationship between African states and the international community in the process of implementing international criminal law reflects the efforts made to balance the need for international justice with the protection of state sovereignty. In this context, the development of regional alternatives such as the African Criminal Court is also a response to tensions with the Western-dominated international legal system.
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.
HAK ATAS PENDIDIKAN DAN HAK BUDAYA MASYARAKAT ADAT (TINJAUAN HAK MASYARAKAT ADAT DI JEPANG DAN INDONESIA): INDIGENOUS PEOPLE RIGHTS IN CULTURE & EDUCATION (A REVIEW OF RIGHTS FOR INDIGENOUS PEOPLE IN JAPAN AND INDONESIA) Permanasari, Arlina; Notoprayitno, Maya Indrasti; Zuhra, Amalia; Nrangwesti, Ayu; Fitriliani, Yulia
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/n4qemn53

Abstract

Access of Indigenous children to education remains a problem when there is discrimination in learning, treatment, and the use of the language and culture in schools. This impacts on the achievement of education for all. Discriminatory fulfilment of the right to education for Indigenous children is not only experienced by developing countries, but in fact indigenous children in developed countries experienced the same thing. The Ainu tribe children in Japan still experiences discrimination in the world of education, but in contrast to the Anak Dalam tribe in Indonesia, the Indonesian Government has sought to obtain their rights. The role of the government in fulfilling the right to education is very important as the entity responsible for upholding human rights. The government's role in inclusive education raises the issue of the rights of indigenous children in the fields of culture and education to a more real significant and realistic.
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.
ANALISIS YURIDIS PELANGGARAN HUKUM PADA INVASI RUSIA-UKRAINA DITIJAU DARI KONVENSI JENEWA 1949: JURIDICAL ANALYSIS OF LEGAL VIOLATIONS IN THE RUSSIA-UKRAINE INVASION, VIEWED FROM THE GENEVA CONVENTIONS OF 1949 Rizqiah, Siti Nur; Rachmadyantira, Kyla; Maharani, Adellia Puan; Angkasari, Wildani
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/n5af9w12

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 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.

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