Pertanggungjawaban Penggunaan Unmanned Aerial Vehicle (UAV) Dalam Konflik Bersenjata Ditinjau Dari Hukum Humaniter Internasional

(1) Fakultas Hukum Universitas Pattimura, Ambon, Indonesia
(2) Fakultas Hukum Universitas Pattimura, Ambon, Indonesia
(3) Fakultas Hukum Universitas Pattimura, Ambon, Indonesia

Abstract
Introduction: Today there is one type of aircraft that is often used in war, namely the Unmanned Aerial Vehicle (UAV) or in Indonesian called the Unmanned Aircraft (PTA) which is better known as the Drone.
Purposes of the Research: To find out how the regulation of Unmanned Aerial Vehicle (UAV) and how the accountability of parties using Unmanned Aerial Vehicle (UAV) in armed conflict from the use of unmanned aircraft in armed conflict.
Methods of the Research: This research uses normative juridical law research, with primary and secondary legal materials as the source of the law. The problem approach used is the statute approach, the conceptual approach, and the case approach. Furthermore, it is analyzed qualitatively.
Results of the Research: The result of this study is that the use of drones by the United States in Pakistan has resulted in hundreds or even thousands of civilian lives and caused unnecessary damage both materially and formally. In addition, the legality of the use of drones is also still in question because until now there has been no definite binding standard. In this study, the authors suggest that the making of rules regarding drones should be implemented immediately, this is in order to prevent violations of international humanitarian law and to protect the security of civilians so that they do not suffer or suffer losses caused by drones.Keywords
DOI
10.47268/tatohi.v2i10.1439
Published
2022-12-20
How To Cite
@article{TATOHI1439, author = {Febby Huwae and Irma Hanafi and Johanis Peilouw}, title = {Pertanggungjawaban Penggunaan Unmanned Aerial Vehicle (UAV) Dalam Konflik Bersenjata Ditinjau Dari Hukum Humaniter Internasional}, journal = {TATOHI: Jurnal Ilmu Hukum}, volume = {2}, number = {10}, year = {2022}, keywords = {Unmanned Aerial Vehicle; Humaniter Law; Conflict}, abstract = {Introduction: Today there is one type of aircraft that is often used in war, namely the Unmanned Aerial Vehicle (UAV) or in Indonesian called the Unmanned Aircraft (PTA) which is better known as the Drone.Purposes of the Research: To find out how the regulation of Unmanned Aerial Vehicle (UAV) and how the accountability of parties using Unmanned Aerial Vehicle (UAV) in armed conflict from the use of unmanned aircraft in armed conflict. Methods of the Research: This research uses normative juridical law research, with primary and secondary legal materials as the source of the law. The problem approach used is the statute approach, the conceptual approach, and the case approach. Furthermore, it is analyzed qualitatively.Results of the Research: The result of this study is that the use of drones by the United States in Pakistan has resulted in hundreds or even thousands of civilian lives and caused unnecessary damage both materially and formally. In addition, the legality of the use of drones is also still in question because until now there has been no definite binding standard. In this study, the authors suggest that the making of rules regarding drones should be implemented immediately, this is in order to prevent violations of international humanitarian law and to protect the security of civilians so that they do not suffer or suffer losses caused by drones.}, issn = {2775-619X}, pages = {995--1003} doi = {10.47268/tatohi.v2i10.1439}, url = {https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/1439} }
Arlina Permanasariet, dkk., (1999) Pengantar Hukum Humaniter, ICRC, Jakarta. Bin Cheng, (1987) General Principles of Law as Applied by International Courts and Tribunals, Cambridge, Grotius. Ciptahadi Nugraha, Ririn Tri Nurhayati, MA, dikutip dalam Jurnal “Penggunaan Unmaned Aerial Vehicle (UAV) dalam Pandangan Hukum Humaniter Internasional” Jakarta, 2021. Heather Hurlburt, “Battlefield Earth”, Democracy, Nomor 31, Winter 2014 Irma Halimah Hanafi, “Analisis Kasus Penembakan Pesawat Udara Ukraina oleh Militer Iran” dalam Balobe Law Journal Volume 1 Nomor 2, Oktober 2021. Jurnal Rina Rusman “Drone Dalam Perspektif Hukum Humaniter Internasional” pada 12 April 2016. (Legal Adviser ICRC, Jakarta). The Year of the Drone: An Analysis of U.S. Drone Strikes in Pakistan, 2004–2012". New America Foundation.http://counterterroris m.newamerica.net/drones, diakses pada 10 Juni 2015. Robert M. Chesney,” Beyond The Battlefield, Beyond Al Qaeda: The destabilizing legal architectureOf counterterrorism”, Michigan Law Review, Vol.112, No.163. Sascha-Dominik Bachmann, OUPblog, Oxford University Press, 17 Juni 2013. Soekotjo Hardiwinoto, Bahan Mata Kuliah Hukum Humaniter Internasional Fakultas Hukum UNDIP, 2014
Dublin Core | PKP Metadata Items | Metadata for this Document | |
1. | Title | Title of document | Pertanggungjawaban Penggunaan Unmanned Aerial Vehicle (UAV) Dalam Konflik Bersenjata Ditinjau Dari Hukum Humaniter Internasional |
2. | Creator | Author's name, affiliation, country | Febby Magdalena Huwae; Fakultas Hukum Universitas Pattimura, Ambon; Indonesia |
2. | Creator | Author's name, affiliation, country | Irma Halimah Hanafi; Fakultas Hukum Universitas Pattimura, Ambon; Indonesia |
2. | Creator | Author's name, affiliation, country | Johanis Steny Franco Peilouw; Fakultas Hukum Universitas Pattimura, Ambon; Indonesia |
3. | Subject | Discipline(s) | |
3. | Subject | Keyword(s) | Unmanned Aerial Vehicle; Humaniter Law; Conflict |
4. | Description | Abstract | Introduction: Today there is one type of aircraft that is often used in war, namely the Unmanned Aerial Vehicle (UAV) or in Indonesian called the Unmanned Aircraft (PTA) which is better known as the Drone.Purposes of the Research: To find out how the regulation of Unmanned Aerial Vehicle (UAV) and how the accountability of parties using Unmanned Aerial Vehicle (UAV) in armed conflict from the use of unmanned aircraft in armed conflict. Methods of the Research: This research uses normative juridical law research, with primary and secondary legal materials as the source of the law. The problem approach used is the statute approach, the conceptual approach, and the case approach. Furthermore, it is analyzed qualitatively.Results of the Research: The result of this study is that the use of drones by the United States in Pakistan has resulted in hundreds or even thousands of civilian lives and caused unnecessary damage both materially and formally. In addition, the legality of the use of drones is also still in question because until now there has been no definite binding standard. In this study, the authors suggest that the making of rules regarding drones should be implemented immediately, this is in order to prevent violations of international humanitarian law and to protect the security of civilians so that they do not suffer or suffer losses caused by drones. |
5. | Publisher | Organizing agency, location | Faculty of Law Pattimura University |
6. | Contributor | Sponsor(s) | |
7. | Date | (YYYY-MM-DD) | 2022-12-20 |
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/tatohi/article/view/1439 |
10. | Identifier | Digital Object Identifier | 10.47268/tatohi.v2i10.1439 |
11. | Source | Title; vol., no. (year) | TATOHI: Jurnal Ilmu Hukum; Vol 2, No 10 (2022): Volume 2 Nomor 10, Desember 2022 |
12. | Language | English=en | en |
13. | Relation | Supp. Files | |
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Copyright (c) 2022 Febby Magdalena Huwae, Irma Halimah Hanafi, Johanis Steny Franco Peilouw

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