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Analisis Kasus Penembakan Pesawat Udara Ukraina oleh Militer Iran Irma Halimah Hanafi
Balobe Law Journal Vol 1, No 2 (2021): Volume 1 Nomor 2, Oktober 2021
Publisher : Fakultas Hukum Universitas Pattimura

Introductioan: Aviation is an activity that many people are interested in at this time, because it can cover one place in a fast time. In international law, aviation is divided into civil aviation and military aviation. The shooting down of the Ukrainian plane by the Iranian military is a unique case because the one shot was a scheduled civilian plane flying over the airspace of a country that is at war or armed conflict.Purposes of the Research: Therefore, the purpose of this paper is to analyze in depth how international air law regulates the shooting of civilian aircraft in the airspace of countries that are in situations of war or armed conflict.Methods of the Research: by using normative legal research methods that use secondary data consists of primary, secondary and tertiary legal materials with a statutory approach and historical approach.Results of the Research: The result of this paper is that the shooting of a civilian aircraft gives a lesson that in situations of war and armed conflict, Countries involved in war or armed conflict should establish a no-fly zone in their airspace and notify the international community about their country being in a state of war or armed conflict.

Intervensi Kemanusiaan Dewan Keamanan Perserikatan Bangsa-Bangsa Terhadap Tindakan Pelanggaran Hak Asasi Manusia Di Myanmar Halfiandara Alfazr Afifudin; Josina Augustina Yvonne Wattimena; Irma Halimah Hanafi
TATOHI: Jurnal Ilmu Hukum Vol 2, No 3 (2022): Volume 2 Nomor 3, Mei 2022
Publisher : Faculty of Law Pattimura University

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Introduction: Human rights violations committed by the Burmese Buddhist junta government, supported by the Myanmar government and even the military junta formed an anti-Islam movement among the Rakhine Buddhist community and the population of Myanmar.Purposes of the Research: This study aims to find out and understand about the United Nations Security Council's Humanitarian Intervention Against Human Rights Violations in Myanmar that can be justified according to international law. The Legal Impact of the UN Security Council's Humanitarian Intervention on the Actions of Criminals in Myanmar. Methods of the Research: The research method in this study is a normative legal research, using a law approach and a conceptual approach. Sources of research data include primary, secondary, tertiary legal sources. Data collection techniques in the form of literature study. Processing and analysis of legal materials used in writing is using qualitative analysis method.Results of the Research: The result obtained is that the UN Security Council's humanitarian intervention against acts of human rights violations in Myanmar can be justified in accordance with international law, because the UN Security Council's intervention is expected to resolve the problems in Myanmar, namely the conflict between the Rohingya (Muslim) and Rakhine (Buddhist) ethnicities which caused Rohingya ethnic groups have received unfair treatment from the Myanmar administration and military junta who have committed acts of human rights violations against the Rohingya, such as refusing to grant citizenship status, expulsion, torture, killing, and illegal detention.

Perlakuan Terhadap Anak-Anak Indigenous People Dan Tanggung Jawab Negara Margareta Rahalus; Josina Augustina Yvonne Wattimena; Irma Halimah Hanafi
TATOHI: Jurnal Ilmu Hukum Vol 2, No 9 (2022): Volume 2 Nomor 9, November 2022
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i9.1429

Introduction: Indigenous peoples continue to face threats to their sovereignty, the sovereignty that is meant is centered on how the state positions indigenous peoples into national policies, by imposing values on indigenous peoples.Purposes of the Research: To examine and find out whether the treatment of Indigenous People's children in Canada violates the provisions of International Law and to find out how the state's responsibility for the human rights of Indigenous People's children is. Methods of the Research: This research is a normative juridical law research, with primary and secondary legal materials as a source of law by using the nature of prescriptive research that aims to obtain suggestions on what to do.Results of the Research: The results of the study show that the treatment of children of indigenous people in Canada violates the provisions of international law, where indigenous children receive treatment from the state in the form of violence or coercion which is contrary to human rights and fundamental freedoms regulated in the ILO (International Labor Organization) Conventions. UNDRIP Declaration (United Nation Declaration of Rights on the Indigenous Peoples), United Nations Convention on the Rights of the Child, then on the International Covenant on Civil and Political Rights) and also to the International Covenant on Economic, Social and Cultural Rights.

Pertanggungjawaban Penggunaan Unmanned Aerial Vehicle (UAV) Dalam Konflik Bersenjata Ditinjau Dari Hukum Humaniter Internasional Febby Magdalena Huwae; Irma Halimah Hanafi; Johanis Steny Franco Peilouw
TATOHI: Jurnal Ilmu Hukum Vol 2, No 10 (2022): Volume 2 Nomor 10, Desember 2022
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i10.1439

Introduction: Today there is one type of aircraft that is often used in war, namely the Unmanned Aerial Vehicle (UAV) or in Indonesian called the Unmanned Aircraft (PTA) which is better known as the Drone.Purposes of the Research: To find out how the regulation of Unmanned Aerial Vehicle (UAV) and how the accountability of parties using Unmanned Aerial Vehicle (UAV) in armed conflict from the use of unmanned aircraft in armed conflict. Methods of the Research: This research uses normative juridical law research, with primary and secondary legal materials as the source of the law. The problem approach used is the statute approach, the conceptual approach, and the case approach. Furthermore, it is analyzed qualitatively.Results of the Research: The result of this study is that the use of drones by the United States in Pakistan has resulted in hundreds or even thousands of civilian lives and caused unnecessary damage both materially and formally. In addition, the legality of the use of drones is also still in question because until now there has been no definite binding standard. In this study, the authors suggest that the making of rules regarding drones should be implemented immediately, this is in order to prevent violations of international humanitarian law and to protect the security of civilians so that they do not suffer or suffer losses caused by drones.

Persona Non Grata Dalam Praktek Negara Rusia dan Ukraina Beserta Implikasi Hukumnya Yulifia Serafina Refra; Irma Halimah Hanafi; Veriana Josepha Batseba Rehatta
TATOHI: Jurnal Ilmu Hukum Vol 2, No 11 (2023): Volume 2 Nomor 11, Januari 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i11.1449

Introduction: This statement of persona non grata has become a habit in diplomatic relations and is often misused by many countries. As happened between the receiving country (Russia) and the sending country (Ukraine) which expelled each other's diplomats, causing legal implications for both countries.Purposes of the Research: The purpose of this research is to find out how the practice of the receiving country in implementing persona non grata towards the sending country and to find out the legal consequences arising from the actions of the sending country and the receiving country based on the 1961 Vienna Convention. Methods of the Research: The research method in this study is a normative legal research, using a law approach, a case approach and a conceptual approach. Sources of research data include sources of library studies. Processing and analysis of legal materials used in writing is using processing and computerization methods so that legal materials can be analyzed completely and comprehensively.Results of the Research: Based on the results of research on the practice of giving persona non grata by Russia to Ukrainian diplomats on charges of espionage or espionage, the allegations were not justified by Ukraine. However, what the two countries did was contrary to the 1961 Vienna Convention because there was a need for a diplomatic representative for relations between the two countries. After expelling diplomats, this problem continued when Russia invaded Ukraine, causing war between the two parties. For this reason, in the international legal dispute settlement stage, it has been recommended that the two countries settle disputes peacefully in accordance with what has been regulated in Article 33 of the United Nations Charter.

Aspek Hukum Keimigrasian Terhadap Orang Asing Yang Berada Di Indonesia Tita Jolanda Anggraini Sahetapy; Johanis Steny Franco Peilouw; Irma Halimah Hanafi
PAMALI: Pattimura Magister Law Review Vol 3, No 1 (2023): MARET
Publisher : Postgraduate Program in Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v3i1.1069

Introduction: Immigration is a matter of regulating the traffic of people entering or leaving the Territory of the Republic of Indonesia and its supervision in the context of maintaining state sovereignty.Purposes of the Research: Review and analyze the Regulations of Law Number 6 of 2011 concerning Immigration regarding the supervision of Foreigners in Indonesia.Methods of the Research: Scientific writing is carried out using research methods, with normative juridical research types, problem approaches using case approaches and law approaches, primary, secondary and tertiary sources of legal materials and techniques for collecting and managing legal materials using library research by searching and reviewing books. related to solving the problem in this writing.Results of the Research: Foreigners who enter illegally into the territory of the State of Indonesia are foreigners who enter without going through the inspection of immigration officials and without being accompanied by valid and still valid travel documents, this is a development burden for the government in solving these problems. This can be seen and studied in the Immigration Act by looking at the arrangements for the supervision of foreigners and the imposition of sanctions on immigration crimes committed. Immigration in carrying out its duties and authorities must be more assertive in handling and providing sanctions to foreigners who commit immigration violations and crimes in accordance with Law No. in giving sanctions to someone who commits an immigration crime.

Pembatasan Terhadap Hak-Hak Perempuan Oleh Taliban Perspektif Convention On The Elimination Of All Forms Of Discrimination Against Women Nur Reski Molle; Irma Halimah Hanafi; Popi Tuhulele
TATOHI: Jurnal Ilmu Hukum Vol 3, No 3 (2023): Volume 3 Nomor 3, Mei 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i3.1588

Introduction: This research discusses about about restrictions on women's rights by the taliban perspective convention on the elimination of all forms of discrimination against women (CEDAW) 1979 relating to cases of discrimination against women by the Taliban in Afghanistan. The Taliban restricts women's rights leading to discrimination against women.Purposes of the Research: This study aims to restore the rights of women who are restricted by the Taliban related to women's rights convention on the elimination of all froms of discrimination against women (CEDAW) 1979. Methods of the Research: This research uses the juridical normative method by using a statutory approach, a conceptual approach, and a case approach.Results of the Research: from the writings of the Taliban who have controlled Afghanistan, the Taliban have restricted women's rights. The rights of women that are limited by the Taliban are the right to get decent work and education. In convention on the alimination of all forms of discrimination against women (CEDAW) 1979 Article 10 regulates education and article 11 regulates employment.

Urgensi Penetapan Air Defense Identification Zone Pada Kawasan Regional Astuti Astuti; Josina Augustina Yvonne Wattimena; Irma Halimah Hanafi
TATOHI: Jurnal Ilmu Hukum Vol 3, No 5 (2023): Volume 3 Nomor 5, Juli 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i5.1805

Introduction: Air Defense Identification Zone (ADIZ) is a zone for identification purposes in the air defense system for a country, which according to international custom generally extends from the territorial area of a country to reach the air space above the free sea bordering the country.Purposes of the Research: to find out the setting of the Air Defense Identification Zone and what is the urgency of establishing the Air Defense Identification Zone in the regional area. The method used in writing this thesis is a normative research method. The legal materials used are primary, secondary and tertiary legal materials.Methods of the Research: This legal research, the author uses normative research. That is, a study that primarily examines positive legal provisions, legal principles, and legal doctrines to answer legal questions faced. Results of the Research: The results obtained are that the regulation of the Air Defense Identification Zone (ADIZ) according to international law is, based on the provisions of the 1944 Chicago Convention, customary international law and also Article 51 of the United Nations Charter, furthermore with the stipulation of ADIZ in a regional area can be considered a defensive step. to provide advance notice of potential threats and efforts to improve flight safety in the region and provide benefits to national and international aviation safety.

Fungsi Dewan Keamanan PBB Dalam Penyelesaian Konflik Bersenjata Internasional Maryam Marasabessy; Irma Halimah Hanafi; Josiana Agusthina Yvonne Wattimena
TATOHI: Jurnal Ilmu Hukum Vol 3, No 6 (2023): Volume 3 Nomor 6, Agustus 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i6.1814

Introduction: This study discusses the function of the UN Security Council in resolving international armed conflicts which have a very large role in fighting for and providing maintenance of world peace and security. The UN Security Council has a very large role in being a peacekeeper to stabilize conflicts related to information such as human rights, disarmament, gender, humanitarian relations and political affairs. The implementation of international law provisions in the UN Charter has not been carried out optimally because there are still countries that do not comply with the rules that have been set. Purposes of the Research: This study aims to identify and examine the functions of the Security Council in the structure of the UN international organization and to identify and examine the functions of the UN Security Council in resolving international conflicts according to the UN charter.Methods of the Research: The research method used is normative juridical research. This research is called library research because normative juridical research is carried out by examining sources of legal material using a law approach and a case approach. The use of legal material sources consists of primary, secondary and tertiary legal materials. The technique of collecting this research was done through library technique.Results of the Research: The United Nations Security Council as one of the main organs in the United Nations has functions and powers which are generally regulated in Articles 24 to 26 of the United Nations Charter which includes members of the United Nations giving the Security Council the main responsibility for maintaining international peace and security as well as having the responsibility in formulating plans to be submitted to members of the United Nations for the establishment of a system of arms regulation. In the conflict in Central Africa, the implementation of these provisions has not been carried out optimally because there are still violations by several parties by not complying with the policies issued by the Security Council. It requires the commitment of all disputing parties to comply with the applicable provisions of Humanitarian Law and provide strict sanctions against those who violate them.

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