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All Journal PATTIMURA Law Study Review
Lucia Charlota Octavina Tahamata
Fakultas Hukum Universitas Pattimura, Ambon, Indonesia
Law, Crime, Criminology & Criminal Justice

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Pengaturan Tentang Standar Minimum Bagi Pelaku Spionase Dalam Hukum Internasional Zulfah Ismail Polanunu; Popy Tuhulele; 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.v1i1.10584

Abstract

ABSTRACT: Arrangements regarding espionage carried out by diplomats of sending countries who carry out the practice of collecting highly sensitive confidential information from receiving countries can be categorized as acts of espionage, therefore practices carried out by diplomats have violated the provisions stipulated in the 1961 Vienna convention on diplomatic relations and espionage is also a violation of cooperative relations based on good faith in accordance with international law customs. The aim of the research is to find out and analyze the arrangements regarding minimum standards for espionage actors in international law, as well as how to use minimum standards in international law against espionage in a country. This study uses a normative juridical research method with legal materials used, namely primary legal materials, secondary legal materials and tertiary legal materials. Collection techniques are carried out through library research and then analyzed using qualitative methods. The results of this study indicate that espionage by diplomats has violated the provisions of the 1961 Vienna Convention in article 3 concerning the functions and duties of diplomatic officials, therefore it is necessary to have a convention that regulates espionage in peacetime and oversight of diplomats so that there are no deviations from the provisions stipulated in the 1961 Vienna convention, and how international minimum standard settings protect diplomatic officials who carry out espionage actions so that they do not get treatment outside of the cases that occur.
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

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.
Tanggungjawab Negara Terhadap Pelanggaran Hak Asasi Manusia Berat Alessandro Willem Selfiano Everhard Kuhuparuw; Lucia Charlota Octavina Tahamata; Dyah Ridhul Airin Daties
PATTIMURA Law Study Review Vol 1 No 2 (2023): Desember 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.v1i2.11777

Abstract

Gross human rights violations have been regulated in Law Number 39 of 1999 concerning Human Rights and Law Number 26 of 2000 concerning Human Rights Courts. But in reality, gross human rights violations still occur in Indonesia, one of which occurred in South Aceh known as the Jambo Keupok tragedy. The Jambo Keupok tragedy began with information conveyed by an informant to TNI members that Jambo Keupok Village became the base of the Free Aceh Movement (FAM). International law has provided a solid foundation for effective punishment of perpetrators gross violations of human rights, among others Article 4 of the Convention Against Torture and Other Cruel; In Human or Degrading Treatment or Punishment and According to Article 17 paragraph (1) of the Rome Statute of 1998, the government's responsibility regarding gross human rights violations in Jambo Keupok Aceh proceeded very slowly. This is influenced by 2 main things, namely: there is no official recognition in the Indonesian government that the event was a gross human rights violation and the second because of the Aceh tsunami disaster. After the Aceh tsunami, the Indonesian government has carried out reconciliation. Finally, in 2023, the Government of Indonesia, in this case, President Jokowidodo has determined that the Jambo Keupok Aceh incident is a gross human rights violation.
Co-Authors Alessandro Willem Selfiano Everhard Kuhuparuw Dyah Ridhul Airin Daties Josina Augustina Yvonne Wattimena Nur Aprilia Al Rasyid Popy Tuhulele Zulfah Ismail Polanunu