cover
Contact Name
Muchtar A H Labetubun
Contact Email
mahlabetubun@gmail.com
Phone
+6285243175321
Journal Mail Official
jurnalbalobe@gmail.com
Editorial Address
Ruang Bagian Hukum Internasional, Fakultas Hukum Universitas Pattimura. Jalan Ir. M. Putuhena, Kampus Poka, Ambon, Maluku 97233, Indonesia. Tel./Fax : 62-911-3825203 / 62-911-3825204
Location
Kota ambon,
Maluku
INDONESIA
Balobe Law Journal
Published by Universitas Pattimura
ISSN : -     EISSN : 27756149     DOI : 10.47268/balobe
Core Subject : Social,
Balobe Law Journal is a peer-reviewed journal published by the Faculty of Law at Pattimura University twice a year in March, and October. The purpose of this journal is to provide a place for academics, researchers and practitioners to publish original research articles or review articles. This journal provides direct open access to its content with the principle that making research freely available to the public supports greater global knowledge exchange. Balobe Law Journal is available in print and online. The languages used in this journal are Indonesian and English. Focus and Scope Balobe Law Journal is discusses various topics of Legal Sciences, especially in the field of International Law include : International Law Diplomatic Law Space Law Environmental law International Organization Law International Treaty Law Law of the Sea International Business Law
Arjuna Subject : Ilmu Sosial - Hukum
Articles 15 Documents
Perlindungan Hukum Terhadap Hutan Mangrove Pada Areal Pesisir Pantai Ricky Marthin Wattimena
Balobe Law Journal Vol 1, No 2 (2021): Volume 1 Nomor 2, Oktober 2021
Publisher : Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (478.68 KB) | DOI: 10.47268/balobe.v1i2.652

Abstract

Introductioan: One of the potentials of mangrove forests is to prevent coastal abrasion. With the existence of mangrove forests, erosion of coastal areas during the rainy season can be minimized. Besides that, mangroves can also be an ecosystem for crabs and various other types of fish. However, in the course of development, many times mangrove forests are converted and also destroyed because of development interests by individuals and development companies.Purposes of the Research: The purpose of this article is to find out how to regulate the management of coastal areas and how to protect the law against mangrove forest areas on the coast of Piru Village, West Seram Regency.Methods of the Research: This research is a normative research using a statutory approach with sources of legal materials used are primary legal materials, secondary legal materials and tertiary legal materials with qualitative analysis.Results of the Research: The results of the study found that the regulation related to the management of coastal areas is regulated in Law No. 1 of 2014 and in its implementation in the field there is still damage to mangrove forests, especially in the coastal area of Piru Village, West Seram Regency and is detrimental to coastal communities because the coastal area is an area that should protected because it is important for the sustainability of the community in the area.
Penipuan Dalam Jual Beli Online: Perspektif Hukum Telematika Muhammad Kamran; Maskun Maskun
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 (792.577 KB) | DOI: 10.47268/balobe.v1i1.501

Abstract

Introductioan: The current proliferation of online buying and selling is also followed by the high risk of online fraud.Purposes of the Research: Know and understand the legal effects of fraud in online buying and selling agreements in the Indonesian positive law.Methods of the Research: This research is a normative legal research. It applied some approaches such as a statutory approach, a case approach, a conceptual approach, an analytical approach, and a theoretical approach. The legal materials used were qualified as a primary, secondary, and tertiary legal materials. They were then analysed with qualitatively with deductive and inductive methods.Results of the Research: The legal consequence of fraud in online buying and selling agreements in the Indonesian positive law creates responsibility for consumer losses in electronic transactions as regulated by those regulations. For losses of the consumer, the person, who due to his/her fault published the loss, should compensate the loss.
Urgensi Omnibus Law (Undang-Undang Cipta Kerja) Terhadap Hak Masyarakat Adat di Wilayah Pesisir Dolfries J Neununy
Balobe Law Journal Vol 1, No 2 (2021): Volume 1 Nomor 2, Oktober 2021
Publisher : Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (490.471 KB) | DOI: 10.47268/balobe.v1i2.653

Abstract

Introductioan: Substantial application of the Omnibus Law (Cipta Kerja) for the rights of indigenous peoples in coastal areas.Purposes of the Research: Reviewing and analyzing the impact of the Copyright Act on indigenous peoples in coastal areas.Methods of the Research: The research was conducted through normative legal research with a political approach to review and analyze legislation or other legal materials related to the Urgency of Omnibus Law on the Rights of Indigenous Peoples in coastal areas.Results of the Research: The presence of the Omnisbus Law will have a positive impact on the community from the aspect of legal knowledge that people belonging to the scientific community can understand the purpose of the government to implement the Omnisbus Law but from the other side the ordinary people who are in coastal areas and remote rural areas do not understand well the application of the Omnisbus Law so that protection is important.
Penegakan Hukum Diwilayah Laut Maluku oleh Lantamal IX Ambon Lucia Charlota Octovina Tahamata
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 (635.033 KB) | DOI: 10.47268/balobe.v1i1.507

Abstract

Introduction: Law enforcement in the sea area by Lantamal IX Ambon, is faced with, supporting factors and inhibiting factors. Purposes of the Research: This study aims to determine and analyze how Lantamal IX Ambon conducts law enforcement in the Maluku sea area.Methods of the Research: The research method used is a normative research method using a statute approach approach conceptual approach and analytical approach. Document study techniques and study analysis use qualitative analysis. Results of the Research: The results showed that in order to achieve efficiency and effectiveness in deploying the force of the Navy, it is faced with budget constraints, technical conditions of defense equipment and the expected level of capability and escalation of threats, it is necessary to reform policies regarding law enforcement facilities and infrastructure towards improvements in accordance with science. and modernization today due to the reality of the geographical configuration of the country's territory in the form of an archipelago with 2/3 of its territory being water, of course logically Indonesia needs a strong and reliable Navy. There is an overlap in legal and institutional arrangements at sea, so it is necessary to synergize with the institutional aspects of law enforcement officials who have the authority.
Evaluative Review of Government Obligations in Protecting the Right to Work for Persons with Disabilities through National and Regional Regulations (Ambon City) After the Ratification of the Convention on the Rights of Persons with Disabilities Siska Giofana Mapusa
Balobe Law Journal Vol 1, No 2 (2021): Volume 1 Nomor 2, Oktober 2021
Publisher : Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (438.214 KB) | DOI: 10.47268/balobe.v1i2.649

Abstract

Introductioan: Indonesia is a country that upholds the protection of human rights . One of the human rights pillars of concern for Indonesia is legal protection for Persons with Disabilities.Purposes of the Research: The study aims to determine whether the national regulations in Indonesia have accommodated the implementation of the Right to Work in accordance with Article 27 of the Convention on the Rights of Persons with Disabilities (CRPD) and the availability of regulation at the regional level, especially in Ambon as a form of protection for the Disability Right to Work.Methods of the Research: This research was conducted using normative methods. The results of this study were presented in a descriptive analysis report.Results of the Research: The results showed that the Act and regulations in Indonesia have not been maximal in providing protection for workers with disabilities because not all rights in Article 27 of the CRPD were regulated in national regulations. Relating to the protection of the right to work for persons with disabilities in the city of Ambon, there was no district regulations.
Pemenuhan Hak atas Air Bersih dan Sehat, Serta Hak Menggugat Masyarakat Josina Augusthina Yvonne Wattimena
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 (308.752 KB) | DOI: 10.47268/balobe.v1i1.497

Abstract

Introduction: Clean and healthy water is the right of everyone to get and enjoy it. The fact is that not everyone can enjoy this right, and this is closely related to the obligations of the State. This State obligation should be implemented in various actions as a form of fulfillment of human rights. Purposes of the Research: Analyze and study the fulfillment of the right to clean and healthy water and the right to sue the community.Methods of the Research: This research is an empirical research with interview and questionnaire data which are then processed qualitatively. Results / Findings of the Research: The results showed that the right to clean and healthy water has very broad dimensions, two of which contain a health dimension but also an environmental dimension, which is essentially a human right. Therefore, regulations on the fulfillment of the right to clean and healthy water have been formulated in various legal provisions, both law making treaties and soft law. National law such as the 1945 Constitution of the Republic of Indonesia has formulated and implemented it has been followed by various implementing regulations. The full exercise of the right to clean and healthy water which is demanded by the ICESCR depends entirely on appropriate legal provisions and legal remedies at the national level.
Relevansi Delimitasi Perbatasan Maritim Dengan Faktor Lingkungan Evi Purwanti
Balobe Law Journal Vol 1, No 2 (2021): Volume 1 Nomor 2, Oktober 2021
Publisher : Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (715.816 KB) | DOI: 10.47268/balobe.v1i2.650

Abstract

Introductioan: This article discusses the relevance of maritime border delimitation with environmental factors that affect the determination of delimitation.Purposes of the Research: The purpose of this study is to analyze the urgency of the role of the environment in the maritime border delimitation process. Specifically focused on analyzing whether there is a positive relationship between environmental considerations and the development of the delimitation process and to determine the environmental factors that influence the delimitation.Methods of the Research: This research uses normative research with a conceptual approach. Researchers use relevant environmental law concepts in the maritime border delimitation process.Results of the Research: The results of the study show that there is a relevance of environmental factors in determining maritime border delimitation, among others from factors: conservation of wildlife reserves, the principle of natural prolongation, the principle of sustainable development, mineral resources, and fisheries. The relationship between environmental factors and the delimitation process occurs in two ways: First, environmental considerations show a direct influence in the selection of the delimitation method. Here environmental factors are an important motive in the delimitation process. Second, environmental factors affect the delimitation process indirectly where there are a number of delimitation agreements that do not include specific provisions regarding the environment, but the evidence shows that the parties are motivated by environmental factors in negotiating delimitation.
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.
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

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (582.716 KB) | DOI: 10.47268/balobe.v1i2.651

Abstract

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.
Perlindungan Hukum Wilayah Pesisir dalam Pengendalian Pencemaran dan Perusakan Laut Pesisir di Negeri Batumerah Damer, Kabupaten Maluku Barat Daya Tomy Palijama; Sintia Elisabeth Renyut
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 (610.278 KB) | DOI: 10.47268/balobe.v1i1.500

Abstract

Introduction: Indonesia with its geographic form as an archipelagic country. Based on these considerations, the Indonesian government states that all waters around, between and connecting islands are the territorial territory of the Indonesian state. Purposes of the Research: Assessing and analyzing the legal protection of coastal areas in controlling pollution and destruction of coastal seas.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: Environmental pollution is caused by human activities themselves, either through industrial activities or household activities that produce waste and garbage, which are grouped into 3 things, namely the existence of environmental pollution (pollution), land misuse (land misused) and destruction or depletion of sources. natural resources (Natural Resources). Environmental pollution in the form of water pollution which includes rivers and lakes, marine pollution, air pollution and noise.

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