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All Journal SASI TATOHI: Jurnal Ilmu Hukum Balobe Law Journal
Efie Baadilla
Fakultas Hukum Universitas Pattimura, Ambon
Law, Crime, Criminology & Criminal Justice

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Perjanjian Kerjasama Internasional dalam Konstruksi Negara Kesatuan Republik Indonesia Welly Angela Riry; Efie Baadilla; Wilshen Leatemia; Vondaal Vidya Hattu; June M Rumalaklak
Balobe Law Journal Vol 1, No 1 (2021): Volume 1 Nomor 1, April 2021
Publisher : Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (621.199 KB) | DOI: 10.47268/balobe.v1i1.499

Abstract

Introduction: The times have demanded international cooperative relations, including Indonesia, which is solely done to improve the welfare and prosperity of the people. International agreements are the main instrument for the implementation of international cooperative relations. Purposes of the Research: The purpose of this research is to find out and understand the position of international cooperation agreements in the construction of the Unitary State of the Republic of Indonesia.Methods of the Research: This research is a normative study using a statutory approach with the source of legal materials used  primary legal materials and secondary legal materials and tertiary legal materials with qualitative analysis with deductive and inductive methods. Results of the Research: Every process of implementing and ratifying an international cooperation agreement must be carried out using formal statutory instruments so that the Indonesian state forms and issues a regulation in regulating all matters concerning international agreements, this proves the importance of establishing international cooperation and also shows that international cooperation agreements also become part of the construction of the Unitary State of the Republic of Indonesia.
Penataan Kabel dan Pipa Bawah Laut di Perairan Indonesia Menurut Hukum Internasional Jesica Martha Suripatty; Efie Baadilla; Richard Marsilio Waas
TATOHI: Jurnal Ilmu Hukum Vol 1, No 3 (2021): Volume 1 Nomor 3, Mei 2021
Publisher : Faculty of Law Pattimura University

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Abstract

Introduction: This research discusses the problem of submarine cable and pipeline arrangement in Indonesian waters according to international law, in this case UNCLOS 1982 contains provisions to regulate various marine zones with different legal status.Purposes of the Research: To show the provisions of international law regarding the arrangement of submarine cables and pipes in Indonesian waters.Methods of the Research: This study uses the juridical normative method which is carried out by examining legal materials related to the problem being studied.Results of the Research: The results show that the arrangement of submarine cables and pipes in Indonesian waters is contained in UNCLOS 1982 which includes Inland Waters, Territorial Seas, Additional Zones, Exclusive Economic Zones, Continental Shelf, High Seas and International Seabed Areas. Meanwhile, a more specific regulation is regulated in national law, which is cross-sectoral in nature, resulting in submarine cable and pipeline arrangement which is not optimal.
Pengaturan Pengunduran Diri Anggota Negara ASEAN Andi Jailani Sanduan; Efie Baadilla; Dyah Ridhul Airin Daties
TATOHI: Jurnal Ilmu Hukum Vol 1, No 2 (2021): Volume 1 Nomor 2, April 2021
Publisher : Faculty of Law Pattimura University

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Abstract

Introduction: ASEAN in general is one of the international organizations in the Southeast Asian region whose initial goal was to form a peace zone in the Southeast Asian region.Purposes of the Research: Analyze and discuss arrangements regarding the resignation of member countries from ASEAN membership.Methods of the Research: The research method used in this research is normative law which is sourced from primary, secondary, tertiary legal materials, which data collection is carried out through literature studies.Results of the Research: Based on the results of this study, it is revealed that the resignation of ASEAN member countries cannot be carried out. It is clear that the Vienna Convention on the Law of Treaties 1969 stipulates that if there is no regulation regarding withdrawal from an international treaty, then the resignation cannot be carried out. However, if a country is difficult to withdraw from ASEAN or other international organizations, it can be said that the member country concerned continues to violate its obligations as a member. Therefore, it would be better to put forward the principles of the ASEAN Way as a norm for peaceful dispute resolution and emphasize deliberation and consensus
Legalitas Perjanjian Kerja Sama Luar Negeri Pemerintah Daerah Di Masa Pandemi Covid-19 Efie Baadilla; Dyah Ridhul Airin Daties
SASI Vol 27, No 2 (2021): Volume 27 Nomor 2, April - Juni 2021
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v27i2.543

Abstract

The aims of this study is to analyze the legality of regional foreign cooperation agreements during the COVID-19 pandemic. This research is a normative juridical study, with the type of library research. In order to support this research process, the approach used is a statute approach and a conceptual approach. The results show that the legality of the regional government foreign cooperation agreement is related to the status of the regional government which is an extension of the central government through regional autonomy given the authority to carry out international cooperation through an agreement. This authority must be exercised by taking into account the potential of natural resources and the needs of the community, especially during the COVID 19 pandemic.
Klaim Republik Rakyat China atas Zona Ekonomi Ekslusif Indonesia Efie Baadilla
SASI Vol 26, No 3 (2020): Volume 26 Nomor 3, Juli - September 2020
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v26i3.395

Abstract

The South China Sea is a strategic marine area and contains both living and non-living natural resources. The purpose of this paper is to analyze China's claim to Indonesia's ZEE in the South China Sea, which is known to Indonesia as the North Natuna Sea. China's claim to the Nine dash line in the South China Sea has had an impact on Indonesia and several countries. The research method uses normative research with a statute approach and a conceptual approach. The results of his study show that the recent conflict between Indonesia and China in the South China Sea has brought about a new conflict between the two countries even though Indonesia has so far not considered a problem. In fact, the application of the nine dash line as Traditional fishing grounds was not known in UNCLOS 1982, but the concept known was Traditional fishing rights. Indonesia has sovereignty and sovereign rights over North Natuna waters based on UNCLOS, for this reason, Indonesia needs to continue to carry out exploitation and exploration activities, supervision and legal action to guarantee the sovereign rights of the State.
Co-Authors Andi Jailani Sanduan Dyah Ridhul Airin Daties Jesica Martha Suripatty June M Rumalaklak Richard Marsilio Waas Vondaal Vidya Hattu Welly Angela Riry Wilshen Leatemia