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Josina Augustina Yvonne Wattimena

Fakultas Hukum Universitas Pattimura, Ambon, Indonesia

Author-ID : 6828091

Law, Crime, Criminology & Criminal Justice

Published : 3 Documents Claim Missing Document

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Konflik Tentara Nasional Indonesia Dengan Organisasi Papua Merdeka Joshua Victor Hendriko Simaela; Josina Augustina Yvonne Wattimena; Johanis Steny Franco Peilouw
PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 2023 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v1i1.10580

The OPM conflict that occurred has been going on for quite a long time, since the differences of opinion between Indonesia and the Netherlands at the 1949 Round Table conference in international law have regulated the settlement of the dispute. Until now there are still shootouts between the Military Forces and OPM members. The purpose of this research is to find out if the TNI-OPM conflict can be qualified as a non-international conflict. To find out the resolution of the conflict according to international humanitarian law the research method used is normative juridical research. The problem approach used is a conceptual approach, statutory approach, historical approach, and case approach. The legal materials used are primary legal materials, secondary legal materials and tertiary legal materials. Collection of legal materials using literature and then analyzed using qualitative analysis methods. Based on the results of research and discussion that the conflict between the OPM and the TNI is a non-international armed conflict because the conflict occurs within the State of Indonesia itself, even though this conflict is non-international in nature, the resolution itself has been regulated in international law based on the 1899 and 1907 Hague Conventions, The 1949 Geneva Convention and the 1977 Additional Protocol to its settlement can be carried out peacefully by way of negotiation, mediation, good offices and fact finding, arbitration and judicial settlement.

Penyalahgunaan Gedung Konsulat Jenderal Di Negara Penerima, Perspektif Konvensi Wina 1963 Samuel Silvester Retraubun; Arman Anwar; Josina Augustina Yvonne Wattimena
PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 2023 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v1i1.10581

ABSTRACT: The Consulate General building is a facility for the sending country in carrying out the duties and functions of consular relations with the receiving country. Purposes of the Research: Studying and knowing the Functions of the Consulate General Building in the Receiving Country, Perspective of the 1963 Vienna Convention, To study and find out the Legal Consequences of Misuse of the Consulate General Building and Its Impact on Diplomatic Relations of the Two Countries. Methods of the Research: Normative juridical research method, namely obtaining data from the library in the form of documents, books, magazines and other literature related to writing. Results of the Research: The results of the study show that in the perspective of the 1963 Vienna Convention, the rights and obligations of the sending and receiving countries have been regulated in a balanced manner towards the implementation of the functions of the consulate building in order to expand cooperation in consular relations. On the one hand, the sending country has special rights and immunity to its consulate building and is obliged to function it according to its designation by respecting the national law of the receiving country.

Pelanggaran Batas Wilayah Laut Zona Ekonomi Eksklusif Oleh Nelayan Vietnam Dan Implikasi Hukumnya Nur Aprilia Al Rasyid; Josina Augustina Yvonne Wattimena; Lucia Charlota Octavina Tahamata
PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 2023 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v1i1.10588

ABSTRACT: The South China Sea serves as the maritime boundary between Indonesia and Vietnam. Various issues that have arisen, especially in the Exclusive Economic Zone between Indonesia and Vietnam, are still unresolved to this day. In the last two years of 2021-2022, many foreign fishing vessels of Vietnamese fishermen have carried out illegal fishing activities in North Natuna Waters, where foreign fishing vessels of Vietnamese fishermen carry out fishing using pair trawling fishing methods which can damage fish resources. This resulted in Vietnamese fishermen violating Article 56 of UNCLOS 1982 concerning "Rights, jurisdiction and obligations of coastal States in the Exclusive Economic Zone". This research uses normative legal research methods using statutory approaches, conceptual approaches and case approaches. The legal materials used are primary and secondary legal materials and analyzed qualitatively. The result of this research is that illegal fishing activities carried out by foreign fishing vessels of Vietnamese fishermen can be qualified as a violation of the territorial sea boundaries of the Exclusive Economic Zone. And the legal implication is that both parties claim their right to implement the law in the region and claim each other's territory for the two countries that have not reached an international agreement regarding the Exclusive Economic Zone sea boundary. And this has an impact on the management of natural resources, defense, security, politics, social and economy, which can lead to conflict between the two countries.

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