Legalitas Drone (Pesawat Tanpa Awak) Sebagai Alat Melakukan Mata-Mata Dalam Perang
), Johanis Steny Franco Peilouw(2), Irma Halimah Hanafi(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: The use of drone technology as a weapon of war raises several problems, both in terms of action and consequences. In terms of action, when drones are used as weapons, participants in armed conflict are no longer just humans fighting each other, but between (non-living) robots against living (humans). Apart from the legality of war and the use of drones as weapons of war, drone attacks can be carried out secretly, at any time and without the knowledge of the enemy.
Purposes of the Research: This writing aims to examine and find out the use of drones (unmanned aircraft) as a tool for espionage in International Humanitarian Law and more specific rules regarding the use of drones (unmanned aircraft) as a tool for spying in war.
Methods of the Research: The type of research used in this paper is normative legal research. As for answering the problems in this study, the authors use three approaches to the problem, namely the statutory approach (statute approach), conceptual approach (conceptual approach) and case approach (case approach). The procedure for collecting legal materials carried out by the author is by searching for and collecting laws and regulations related to the legal issues at hand. Legislation in this case includes both legislation and regulation. Analysis of legal material uses qualitative methods, namely studies related to legal norms contained in international law legislation and legal norms that exist in society.
Results of the Research: The results of this study indicate that the use of drones (unmanned aircraft) as a tool to carry out espionage in International Humanitarian Law, is contained in Article 36 of Additional Protocol I to the 1977 Geneva Convention. Article 36 intends to maintain the development of weapons used both by countries and international organizations to continue to respect, maintain and not cross the boundaries of existing international humanitarian law principles. The current arrangement is too old and cannot be definitively binding. The use of drones as weapons has been carried out in the absence of an adequate legal regulation on this matter, Article 36 of Additional Protocol I of 1977 only contains general matters regarding the development of weapons technology and methods of warfare, but does not specifically and specifically regulate the use of drones. The absence of legal rules that specifically and specifically regulate the use of drones, which relate to their use as weapons, this will open up enormous opportunities for misuse and violations of international humanitarian law.
Keywords
DOI
10.47268/tatohi.v4i7.2461
Published
2024-09-30
How To Cite
@article{TATOHI2461,
author = {Firstjuan Harling and Johanis Peilouw and Irma Hanafi},
title = {Legalitas Drone (Pesawat Tanpa Awak) Sebagai Alat Melakukan Mata-Mata Dalam Perang},
journal = {TATOHI: Jurnal Ilmu Hukum},
volume = {4},
number = {7},
year = {2024},
keywords = {Legality of Drones; Technology; War Spy},
abstract = {Introduction: The use of drone technology as a weapon of war raises several problems, both in terms of action and consequences. In terms of action, when drones are used as weapons, participants in armed conflict are no longer just humans fighting each other, but between (non-living) robots against living (humans). Apart from the legality of war and the use of drones as weapons of war, drone attacks can be carried out secretly, at any time and without the knowledge of the enemy.Purposes of the Research: This writing aims to examine and find out the use of drones (unmanned aircraft) as a tool for espionage in International Humanitarian Law and more specific rules regarding the use of drones (unmanned aircraft) as a tool for spying in war.Methods of the Research: The type of research used in this paper is normative legal research. As for answering the problems in this study, the authors use three approaches to the problem, namely the statutory approach (statute approach), conceptual approach (conceptual approach) and case approach (case approach). The procedure for collecting legal materials carried out by the author is by searching for and collecting laws and regulations related to the legal issues at hand. Legislation in this case includes both legislation and regulation. Analysis of legal material uses qualitative methods, namely studies related to legal norms contained in international law legislation and legal norms that exist in society.Results of the Research: The results of this study indicate that the use of drones (unmanned aircraft) as a tool to carry out espionage in International Humanitarian Law, is contained in Article 36 of Additional Protocol I to the 1977 Geneva Convention. Article 36 intends to maintain the development of weapons used both by countries and international organizations to continue to respect, maintain and not cross the boundaries of existing international humanitarian law principles. The current arrangement is too old and cannot be definitively binding. The use of drones as weapons has been carried out in the absence of an adequate legal regulation on this matter, Article 36 of Additional Protocol I of 1977 only contains general matters regarding the development of weapons technology and methods of warfare, but does not specifically and specifically regulate the use of drones. The absence of legal rules that specifically and specifically regulate the use of drones, which relate to their use as weapons, this will open up enormous opportunities for misuse and violations of international humanitarian law.},
issn = {2775-619X}, pages = {523--537} doi = {10.47268/tatohi.v4i7.2461},
url = {https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/2461}
}
Ambarwati, dkk., Hukum Humaniter Internasional Dalam Studi Hubungan Internasional, Raja Grafindo Persada, Jakarta, 2012.
Anthony J. Gaughan, Collateral Damage And The Laws Of War: D-Day As A Case Study dalam: Am. J. Legal Hist, 1995.
Boer Mauna, Hukum Internasional, Alumni, Bandung, (2000.
Denny Ramdhany, dkk., Konteks dan Perspektif Politik Terkait Hukum Humaniter Internasional Kontemporer, cetakan pertama, edisi 1, PT Raja Grafindo Persada, Jakarta, 2015.
Eddy Pratomo, Hukum Perjanjian Internasional: Pengertian, Status Hukum Dan Ratifikasi, Alumni, Bandung, 2011.
Fadillah Agus, Hukum Humaniter, Pusat Studi Hukum Humaniter, Fakultas Hukum Trisakti, Jakarta, 1997.
Indira Anjani, “Analisis Penggunaan Pesawat Tanpa Awak (Drone) Dalam Kebijakan Kontraterorisme Amerika Serikat Di Pakistan Pasca 9/11,” Journal of International Relations, 2015.
Irma Halimah Hanafi, (2021), Analisis Kasus Penembakan Pesawat Udara Ukraina oleh Militer Iran, Balobe Law Journal, Volume 1 Nomor 2: h. 91–08 E-ISSN: 2775 –6149
Jawahir Thontowi, Hukum Internasional Kontemporer, Refika Aditama, Bandung. 2006.
Judith Gardam, Necessity, Proportionality and the Use of Force by States, Cambridge: Cambridge University Press. 2004.
May Rudy, Hukum Internasional 2, Refika Aditama, Bandung, 2001.
Melda Kamil Ariadno, Hukum Internasional Hukum Yang Hidup, Diadit Media, Jakarta, 2007.
Mochtar Kusumaatmadja, Hukum Internasional Humaniter dalam Pelaksanaan dan Penerapannya di Indonesia, Prenada, Jakarta, 1999.
Roy Faldi Anpratama, Analisis Yuridis Penyalahgunaan Unmanned Combat Aerial Vehicle (Combat Drone) Sebagai Senjata Perang Ditinjau Dari Hukum Humaniter Internasional, JOM Fakultas Hukum Universitas Riau. 2020.
Samuel Dorion Wyer, Targeted Killing in the “War on Terror”: The History and Legality of US Practice, Middlebury College, 2012.
Sayidiman Suryohadiprojo, Pengantar Ilmu Perang, Intermassa, Jakarta, 2009.
Wheatley S, The Time Is Right: Developing a UAV Policy for the Canadian Forces, Makalah Simposium, 2002.
: 123 times
Download : 252 times
| Dublin Core | PKP Metadata Items | Metadata for this Document | |
| 1. | Title | Title of document | Legalitas Drone (Pesawat Tanpa Awak) Sebagai Alat Melakukan Mata-Mata Dalam Perang |
| 2. | Creator | Author's name, affiliation, country | Firstjuan Imanuel Van Harling; Fakultas Hukum Universitas Pattimura, Ambon; Indonesia |
| 2. | Creator | Author's name, affiliation, country | Johanis Steny Franco Peilouw; Fakultas Hukum Universitas Pattimura, Ambon; Indonesia |
| 2. | Creator | Author's name, affiliation, country | Irma Halimah Hanafi; Fakultas Hukum Universitas Pattimura, Ambon; Indonesia |
| 3. | Subject | Discipline(s) | |
| 3. | Subject | Keyword(s) | Legality of Drones; Technology; War Spy |
| 4. | Description | Abstract | Introduction: The use of drone technology as a weapon of war raises several problems, both in terms of action and consequences. In terms of action, when drones are used as weapons, participants in armed conflict are no longer just humans fighting each other, but between (non-living) robots against living (humans). Apart from the legality of war and the use of drones as weapons of war, drone attacks can be carried out secretly, at any time and without the knowledge of the enemy.Purposes of the Research: This writing aims to examine and find out the use of drones (unmanned aircraft) as a tool for espionage in International Humanitarian Law and more specific rules regarding the use of drones (unmanned aircraft) as a tool for spying in war.Methods of the Research: The type of research used in this paper is normative legal research. As for answering the problems in this study, the authors use three approaches to the problem, namely the statutory approach (statute approach), conceptual approach (conceptual approach) and case approach (case approach). The procedure for collecting legal materials carried out by the author is by searching for and collecting laws and regulations related to the legal issues at hand. Legislation in this case includes both legislation and regulation. Analysis of legal material uses qualitative methods, namely studies related to legal norms contained in international law legislation and legal norms that exist in society.Results of the Research: The results of this study indicate that the use of drones (unmanned aircraft) as a tool to carry out espionage in International Humanitarian Law, is contained in Article 36 of Additional Protocol I to the 1977 Geneva Convention. Article 36 intends to maintain the development of weapons used both by countries and international organizations to continue to respect, maintain and not cross the boundaries of existing international humanitarian law principles. The current arrangement is too old and cannot be definitively binding. The use of drones as weapons has been carried out in the absence of an adequate legal regulation on this matter, Article 36 of Additional Protocol I of 1977 only contains general matters regarding the development of weapons technology and methods of warfare, but does not specifically and specifically regulate the use of drones. The absence of legal rules that specifically and specifically regulate the use of drones, which relate to their use as weapons, this will open up enormous opportunities for misuse and violations of international humanitarian law. |
| 5. | Publisher | Organizing agency, location | Faculty of Law Pattimura University |
| 6. | Contributor | Sponsor(s) | Universitas Pattimura |
| 7. | Date | (YYYY-MM-DD) | 2024-09-30 |
| 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/2461 |
| 10. | Identifier | Digital Object Identifier | 10.47268/tatohi.v4i7.2461 |
| 11. | Source | Title; vol., no. (year) | TATOHI: Jurnal Ilmu Hukum; Vol 4, No 7 (2024): Volume 4 Nomor 7, September 2024 |
| 12. | Language | English=en | en |
| 13. | Relation | Supp. Files | |
| 14. | Coverage | Geo-spatial location, chronological period, research sample (gender, age, etc.) | |
| 15. | Rights | Copyright and permissions | Copyright: Authors who publish their manuscripts in this Journal agree to the following conditions: 1. The copyright in each article belongs to the author, as well as the right to patent. 2. Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgment of its initial publication in this journal. 3. Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work. 4. Authors have the right to self-archiving of the article (Author Self-Archiving Policy)
Licence : TATOHI: Jurnal Ilmu Hukum is disseminated based on the Creative Commons Attribution-NonCommercial 4.0 International license terms. This license allows anyone to copy and redistribute this material in any form or format, compose, modify, and make derivatives of this material for any purpose. You cannot use this material for commercial purposes. You must specify an appropriate name, include a link to the license, and certify that any changes have been made. You can do this in a way that is appropriate but does not imply that the licensor supports you or your use.
|
Refbacks
- There are currently no refbacks.
Copyright (c) 2024 Firstjuan Imanuel Van Harling, Johanis Steny Franco Peilouw, Irma Halimah Hanafi
License URL: https://creativecommons.org/licenses/by-nc/4.0
