Penyerangan Terhadap Petinggi Hamas Di Wilayah Negara Lain Dan Implikasi Hukumnya
), Josina Augustina Yvonne Wattimena(2), Lucia Charlota Octovina Tahamata(3)
(1) Fakultas Hukum Universitas Pattimura, Ambon, Indonesia
(2) Fakultas Hukum Universitas Pattimura, Ambon, Indonesia
(3) Fakultas Hukum Universitas Pattimura, Ambon, Indonesia
Corresponding Author
Abstract
Introduction: International law as a law that crosses national borders regulates all forms of rules and principles of international relations law. International law also defines all forms of legal responsibility of countries in acting and their actions towards individuals within national borders whose domains include various issues of concern to the international world such as human rights, international crimes, citizenship issues and so on. International law also carries out global missions such as environmental improvement and sustainable development, international waters, outer space, and so on.
Purposes of the Research:
Methods of the Research: This research is a normative legal research. The type of research is descriptive analytical. The sources of legal materials used in this study are primary legal materials and secondary legal materials. Supporting data and information are then identified and then systematized for interpretation and arguments are given to obtain conclusions on the problem.
Results / Findings / Novelty of the Research: The attack on Hamas leaders in the territory of another country is a violation of state sovereignty in international law. The murder of Ismail Haniyeh was carried out with a guided missile targeting his private residence in Tehran, Iran. The murder took place outside the conflict area and certainly violated the jurisdiction of another country. Sovereignty is a fundamental right for every country in the world as a necessity for the implementation of a legal system in a region in order to provide guarantees for the survival of the population in that region. As one of the subjects of international law, international recognition of a country is based on whether or not the requirements for the formation of a country are met, including according to the 1933 Montevideo Convention, there are four elements of state formation, namely, permanent population, territory, government and the ability to conduct relations with other countries
Keywords
DOI
10.47268/sanisa.v4i2.3016
Published
2024-10-31
How To Cite
@article{sanisa3016,
author = {Ajwar Soumena and Josina Wattimena and Lucia Tahamata},
title = {Penyerangan Terhadap Petinggi Hamas Di Wilayah Negara Lain Dan Implikasi Hukumnya},
journal = {SANISA: Jurnal Kreativitas Mahasiswa Hukum},
volume = {4},
number = {2},
year = {2024},
keywords = {Attack on Hamas leaders; citizens of other countries; Legal Implications},
abstract = {Introduction: International law as a law that crosses national borders regulates all forms of rules and principles of international relations law. International law also defines all forms of legal responsibility of countries in acting and their actions towards individuals within national borders whose domains include various issues of concern to the international world such as human rights, international crimes, citizenship issues and so on. International law also carries out global missions such as environmental improvement and sustainable development, international waters, outer space, and so on.Purposes of the Research: Methods of the Research: This research is a normative legal research. The type of research is descriptive analytical. The sources of legal materials used in this study are primary legal materials and secondary legal materials. Supporting data and information are then identified and then systematized for interpretation and arguments are given to obtain conclusions on the problem.Results / Findings / Novelty of the Research: The attack on Hamas leaders in the territory of another country is a violation of state sovereignty in international law. The murder of Ismail Haniyeh was carried out with a guided missile targeting his private residence in Tehran, Iran. The murder took place outside the conflict area and certainly violated the jurisdiction of another country. Sovereignty is a fundamental right for every country in the world as a necessity for the implementation of a legal system in a region in order to provide guarantees for the survival of the population in that region. As one of the subjects of international law, international recognition of a country is based on whether or not the requirements for the formation of a country are met, including according to the 1933 Montevideo Convention, there are four elements of state formation, namely, permanent population, territory, government and the ability to conduct relations with other countries},
issn = {2776-2289}, pages = {57--67} doi = {10.47268/sanisa.v4i2.3016},
url = {https://fhukum.unpatti.ac.id/jurnal/sanisa/article/view/3016}
}
Andrey Sujatmoko, Hukum HAM dan Hukum Humaniter, Raja Grafindo Persada, 2016. Jakarta. [2] Boer Mauna, Hukum Internasional, Pengertian, Peranan, dan Fungsi dalam Era Dinamika Global, P.T. ALUMNI, Bandung, 2013.. [3] Frits Kalshoven dan Liesbeth Zegveld, Constraints on the Waging of War: An Introduction to International Humanitarian Law (Geneva: ICRC, 2001). [4] Ikaningtyas, Modul Bahan Ajar UB Distance Learning, Universitas Brawijaya, Malang, 2013. [5] Irsyad D Samad Suhaeb, "Mengartikan Kejahatan Kemanusiaan dalam Hak Asasi Manusia Sesuai UUD 1945", (Jurnal Hukum UNM, Jilid 5, No. 13, Mei 2022). [6] J. G. Starke, Pengantar Hukum Internasional 1, Edisi Kesepuluh, Sinar Grafika, Jakarta, 2012. [7] J. G. Starke, Pengantar Hukum Internasional 2, terj. Sumitro L.S Danuredjo, (Penerbit Aksara Persada Indonesia, 1989). [8] Kadek Rio Teguh Adnyana, Kedaulatan Negara Dalam Hukum Internasional, Jurnal Pacta Sunt Servanda, Volume 3 Nomor 2. [9] Kholis Roisah, Hukum Perjanjian Internasional, Teori dan Praktik, Setara Press, Malang, 2015. [10] Maria Febronia,Bentuk tangugnjawab Negara dalam memberikan perlindungan hukum bagi warga Negara yang terlibat terorisme di Negara lain,Jurnal Tatohi vol 1 No 2 april 2021. [11] Pietro Verri, Dictionary of International Law of Armed Conflict, International Committee of the Red Cross, Geneva, 1992. [12] Ritsky mendo Lisapaly,josina, Augustina Yvonne Wattimena,Richard marsilio Wass,vol 2,no 8 okt 2022, Jurnal tatohi. [13] Sefriani, “Hukum Internasional: Suatu Pengantar”, PT. Raja Grafindo Persada, Jakarta, 2010. [14] Sefriani, Hukum Internasional, Rajawali Press, Jakarta, 2010. [15] Wayan Parthiana, “Beberapa Masalah Dalam Hukum Internasional Dan Hukum Nasional Indonesia”, Penerbit Binacipta, Bandung, 1987. Online / World Wide Web https://apnews.com/article/iran-hamas-israel-30968a7acb31cd8b259de9650014b779 https://www.academia.edu/35328487/tugas_humaniter
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| Dublin Core | PKP Metadata Items | Metadata for this Document | |
| 1. | Title | Title of document | Penyerangan Terhadap Petinggi Hamas Di Wilayah Negara Lain Dan Implikasi Hukumnya |
| 2. | Creator | Author's name, affiliation, country | Ajwar Soumena; Fakultas Hukum Universitas Pattimura, Ambon; Indonesia |
| 2. | Creator | Author's name, affiliation, country | Josina Augustina Yvonne Wattimena; Fakultas Hukum Universitas Pattimura, Ambon; Indonesia |
| 2. | Creator | Author's name, affiliation, country | Lucia Charlota Octovina Tahamata; Fakultas Hukum Universitas Pattimura, Ambon; Indonesia |
| 3. | Subject | Discipline(s) | |
| 3. | Subject | Keyword(s) | Attack on Hamas leaders; citizens of other countries; Legal Implications |
| 4. | Description | Abstract | Introduction: International law as a law that crosses national borders regulates all forms of rules and principles of international relations law. International law also defines all forms of legal responsibility of countries in acting and their actions towards individuals within national borders whose domains include various issues of concern to the international world such as human rights, international crimes, citizenship issues and so on. International law also carries out global missions such as environmental improvement and sustainable development, international waters, outer space, and so on.Purposes of the Research: Methods of the Research: This research is a normative legal research. The type of research is descriptive analytical. The sources of legal materials used in this study are primary legal materials and secondary legal materials. Supporting data and information are then identified and then systematized for interpretation and arguments are given to obtain conclusions on the problem.Results / Findings / Novelty of the Research: The attack on Hamas leaders in the territory of another country is a violation of state sovereignty in international law. The murder of Ismail Haniyeh was carried out with a guided missile targeting his private residence in Tehran, Iran. The murder took place outside the conflict area and certainly violated the jurisdiction of another country. Sovereignty is a fundamental right for every country in the world as a necessity for the implementation of a legal system in a region in order to provide guarantees for the survival of the population in that region. As one of the subjects of international law, international recognition of a country is based on whether or not the requirements for the formation of a country are met, including according to the 1933 Montevideo Convention, there are four elements of state formation, namely, permanent population, territory, government and the ability to conduct relations with other countries |
| 5. | Publisher | Organizing agency, location | Faculty of Law, Universitas Pattimura |
| 6. | Contributor | Sponsor(s) | |
| 7. | Date | (YYYY-MM-DD) | 2024-10-31 |
| 8. | Type | Status & genre | Peer-reviewed Article |
| 8. | Type | Type | |
| 9. | Format | File format | |
| 10. | Identifier | Uniform Resource Identifier | https://fhukum.unpatti.ac.id/jurnal/sanisa/article/view/3016 |
| 10. | Identifier | Digital Object Identifier | 10.47268/sanisa.v4i2.3016 |
| 11. | Source | Title; vol., no. (year) | SANISA: Jurnal Kreativitas Mahasiswa Hukum; Vol 4, No 2 (2024): Volume 4, Nomor 2, Oktober 2024 |
| 12. | Language | English=en | en |
| 13. | Relation | Supp. Files | |
| 14. | Coverage | Geo-spatial location, chronological period, research sample (gender, age, etc.) | |
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Copyright (c) 2024 Ajwar Soumena, Josina Augustina Yvonne Wattimena, Lucia Charlota Octovina Tahamata
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.
