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Ruang PATTIMURA Law Study Review, Lantai 2 Fakultas Hukum Universitas Pattimura, Kampus Unpatti, Jl. Ir. M. Putuhena Kampus Poka, Ambon, Maluku 97233, Indonesia.
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PATTIMURA Law Study Review
Published by Universitas Pattimura
ISSN : -     EISSN : 30252245     DOI : https://doi.org/10.47268/palasrev
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
PATTIMURA Law Study Review yang dsingkat (PALASRev) adalah media peer-review yang dikelola dan diterbitkan oleh Fakultas Hukum Universitas Pattimura. PATTIMURA Law Study Review menerbitkan karya ilmiah di bidang hukum, terbit tiga kali setahun pada bulan April, Agustus dan Desember. Tujuan jurnal ini adalah untuk menyediakan tempat bagi Mahasiswa untuk mempublikasikan artikel ilmiah dari luaran Skripsi dan atau sebagain dari Skripsi Mahasiswa Strata Satu (S1). Fakultas Hukum Universitas Pattimura mewajibkan mahasiswa menggunggah karya ilmiah sebagai syarat ujian sarjana. Jurnal ini memberikan akses terbuka langsung ke kontennya berdasarkan prinsip bahwa membuat penelitian tersedia secara bebas untuk publik mendukung pertukaran pengetahuan global yang lebih besar. PATTIMURA Law Study Review tersedia secara online. Bahasa yang digunakan dalam jurnal ini adalah Bahasa Indonesia dan Bahasa Inggris. Ruang lingkup artikel yang dimuat dalam jurnal ini membahas berbagai isu di bidang Ilmu Hukum (Hukum Perdata, Hukum Islam, Hukum Bisnis/Ekonomi, Hukum Tata Negara, Hukum Administrasi Negara, Hukum Pidana, Hukum Internasional.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 109 Documents
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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

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.
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.
Pengaturan Kelompok Militan Dalam Konflik Bersenjata Menurut Hukum Humaniter Internasional Wafiq Maulana Seknun; Arman Anwar; Welly Angela Riry
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.v1i1.10585

Abstract

ABSTRACT: Militants or so-called radical groups are groups of civilians whose purpose is to serve as a supplement to the regular military coup. The process of forming militants occured because of conflict between the Taliban and the Afganistan goverment which was supported by the United State so that insurgent groups were named militants or insurgent groups. The writing aims to find out the responsibility of militant groups as rebels who kill civilians in terms of international humanitarian law. The results of international Humanitarian Law research that regulates armed conflict between states and insurgents can be seen in article 3 of the 1949 Geneva Convention and Additional Protocol II of 1977. Subject of international law, both must comply with humanitarian law and are prohibited from committing acts that can be categorized as war crimes or crimes againts humanity. Responbility for rebel groups is the responsibility of the rebel commmand, but if it is carried out individually then it can be prosecuted individually in the national court and if the national court does not eforce the law againts the person concerned then it can be brought before the international Criminal Court it can accordance with the 1998 Rome Statute. Rebel groups the Taliban who are currently in power as well as other parties, are oliged to implement the 1949 Geneva Convention and aditional Protocol II both during armed conflict and in peacetime.
Hak Penuntutan Perserikatan Bangsa-Bangsa Berdasarkan Hukum Internasional Piternely Matitaputty; Popi Tuhulele; 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.v1i1.10586

Abstract

ABSTRACT: The United Nations (UN) is one of the most important international organizations today. A security officer at the UN representative office in Guzara District, Herat Province when the building became the target of an attack in the middle of a battle between the Taliban militia group and Afghan troops. The purpose of this research is to know and analyze the arrangements for UN employees serving on the territory of member countries according to the UN Charter and to find out whether the UN can legally prosecute the killing of UN employees. The method used is a normative juridical research method using a statutory approach, a conceptual approach as well as a case approach. The results of this study explain that the regulation of cases of murder of UN employees serving in an area is the most important matter according to international law, the UN in this case an international organization must guarantee in upholding the case.
Kedudukan Wartawan Perang Dalam Konflik Bersenjata Menurut Hukum Humaniter Internasional Dave Maynard Soselisa; Josina Augusthina Yvone Wattimena; Lucia Charlota Octovina 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.v1i1.10587

Abstract

ABSTRACT: The existence of war journalists in international humanitarian law has a very important role based on the 1949 Geneva Convention on protective measures for journalists serving on the battlefield. Journalists represent a profession that has implications for every coverage of war. However, journalists often become victims when armed conflicts occur. One of them is in the region of Burkina Faso and Afghanistan. Where, in these two countries, journalists from political groups and ISIS were killed. This research is a normative juridical research. This type of research is descriptive analytical. The problem approach used is the statutory, conceptual and case approaches. The source of legal materials used in this research is primary legal materials and secondary legal materials. Techniques and analysis of legal materials are qualitative in nature by prioritizing basic matters with what is researched and understood. The position of war journalists in armed conflicts based on HHI related to the case, includes, among other things, the position of war journalists in armed conflicts based on HHI from a human rights perspective on cases in Burkina Faso and Afghanistan; the position of war journalists in armed conflict is based on HHI from a principled perspective on cases in Burkina Faso and Afghanistan and the position of war journalists in armed conflict is based on HHI from a law enforcement perspective.
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.
Pelanggaran Hak Asasi Manusia Perempuan Dan Tanggung Jawab Negara Vrenses Batuwael; Irma Halima Hanafia; Wilshen Leatemia
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.v1i1.10589

Abstract

ABSTRACT: Human rights and freedoms, especially women are limited, as well as discrimination against women in the Taliban, Afghanistan. In this case women are prohibited from being active in all fields, even to get education is also prohibited by the state. In fact, women were encouraged to leave government, in addition women are also prohibited from traveling to public places without being accompanied by a man, must cover themselves in public places and other things that aim to limit women's rights. The research method used in analyzing and discussing problems is normative. This research is focused with the aim of analyzing the non-fulfillment of women's human rights as a result of discrimination that can be qualified as a human rights violation, as well as the state's responsibility in fulfilling women's human rights whose rights are violated. The results of the study state that violations of women's human rights in Afghanistan due to discrimination can be said to be human rights violations because they violate the basic principles of the Universal Declaration of Human Rights and CEDAW. In terms of the Taliban abusing their power by making policies without respecting women's human rights. Afghanistan is trying to protect the fulfillment of women's human rights whose rights have been violated, by ratifying CEDAW, forming a political mission with the United Nations, namely UNAMA, forming the EVAW Law, and working with international organizations such as UNIFEM, then replaced by UN Women. And if the state cannot deal with violations of women's human rights, as well as provide justice. So the prosecution of human rights violators is part of the jurisdiction of the International Criminal Court through the security council acting under Chapter VII of the UN Charter.
Suksesi Di Afganistan Menurut Hukum Internasional Farhan Juneth Paisuly; Popi Tuhulele; Welly Angela Riry
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.v1i1.10590

Abstract

ABSTRACT: Succession is a change or replacement of a legal subject by another legal subject. Similar to Garner's opinion, this is also stated in civil law that succession means the replacement of one legal subject by another legal subject. For example, because the first legal subject died. Although not very precise, the definition of succession is used in international law and is applied to two events of state change, namely state succession and government succession. This legal research uses normative juridical law or library law research, namely legas researchconducted by examining literature or secondary data consisting of primary legal materials, secondary law, and tertiary law. These materials are then methodicaly collected, reviewed, and conculusions draw with repect to the problem being investigated. In particular the legal implications of state succession under international law. The results of the study show that these arrangements are reflected in three conventions governing state succession according to international law, namely: First, the 1969 Vienna Convention on the Law of Treaties, which adheres to the principle of rebus sic stantibus, which states that if there is a fundamental change, circumstances can be used to terminate or withdraw from the agreement; Second, the 1978 Vienna Convention on Succession of States in Relation to International Agreements, which only applies to written international agreements attached to an agreement; and Third, the 1982 Vienna Convention on the Successional Status of States has legal consequences for state archives, private property rights, public property rights, and state property rights.
Penegakan Hukum Dalam Melindungi Sumber Kekayaan Alam Laut Dan Akibat Hukumnya Menurut UNCLOS 1982 Wahyuni Thovyan; Johanis Steny Franco Peilouw; Yanti Amelia Lewerissa
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.v1i1.10591

Abstract

Marine natural resources as stipulated in Articles 192 and 193 of UNCLOS 1982 make the community and may not do so. But there are still things to do, like one example of the case where baby lobsters were taken and explored in the Aru Islands area. the problem of the case that there were found two things, namely what are the arrangements regarding the obligations of the state and law enforcement in protecting marine natural resources, with the aim of knowing the two things that are the problem, which uses normative juridical methods with the Statute Approachh, Case Approachh, and Conceptual approaches Approach and using primary, secondary and tertiary legal materials. The results of this study indicate that, the regulation regarding state obligations is the fulfillment of the elements and responsibilities carried out. Then from law enforcement in protecting marine natural resources according to existing regulations and implemented according to applicable law, if applicable regulations are violated then there are sanctions for people who violate applicable regulations which have been regulated and given permission in the sale of buy the baby lobster if it comes in at the size specified by the permit then it can be exported out if otherwise it is not in accordance with the rules of the permit then anyone who violates it will be subject to criminal sanctions.
Pertanggung Jawaban PT. Indonesia Weda Bay Industrial Park Atas Kerusakan Lingkungan Hidup Ghali Nugroho Adji; La Ode Angga; Marselo Valentino Geovani Pariela
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.v1i1.10826

Abstract

ABSTRACT: The function of the environment which has been supporting the daily needs of the community has been converted into a nickel (Ni) processing industrial area by the Indonesian Limited Liability Company Weda Bay Industrial Park (PT. IWIP). Purposes of the research to explain the form of legal liability to know and analyze the requirements so that the case of the Indonesian Limited Liability Company Weda Bay Industrial Park (PT. IWIP) for environmental damage caused by the processing of nickel mines can be subject to the principle of strict liability. This study uses a type of normative legal research. The processing techniques for legal materials that have been collected are carried out through stages; inventory, identification, classification, and systematization. Meanwhile, the technique of analyzing legal materials uses qualitative analysis methods. As a result, the authors conclude that, first, the form of legal liability for the Indonesian Limited Liability Company Weda Bay Industrial Park (PT. IWIP) for environmental damage caused by the processing of nickel mines is liability based on acts of violating laws (liability based on fault) and strike liability. Second, conditions for cases of environmental damage resulting from the processing of the Indonesian Limited Liability Company Indonesia Weda Bay Industrial Park (PT. IWIP) nickel mine can be subject to the principle of immediate liability (strict liability), including: every person, group of people, and also includes legal antities such as industrial companies; actions, businesses or activities that use, produce, and utilize B3 (Hazardous and Toxic Materials) and B3 waste; there is a serious threat; and is absolutely responsible for losses without the need to prove and elemen of guilt.

Page 2 of 11 | Total Record : 109

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