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All Journal Jurnal Filsafat Hasanuddin Law Review
Muhammad Ashri, Muhammad
Unknown Affiliation
Arts Humanities Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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Reconciliation of Humanitarian Law and Human Rights Law in Armed Conflict Ashri, Muhammad
Hasanuddin Law Review VOLUME 5 ISSUE 2, AUGUST 2019
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (530.994 KB) | DOI: 10.20956/halrev.v5i2.1348

Abstract

A common insight on human rights law as an instrument that aimed to protect the human dignity and values are often regarded to be separate from international humanitarian law. In relation to the norms, the difference between the two concepts related to the current conflict arise many debates. This paper reviews the common thread of the two international legal instruments. The connection between the two can be elaborated by explaining the concept; similarities and dissimilarities; and linking the basis for the establishment of legal instruments between human rights law and international humanitarian law. The results of research indicated that between international humanitarian law and human rights law have relevant rules applied in conflict situations. International humanitarian law as an instrument of international law is specifically applied in situations of armed conflict, whereas human rights law as a general instrument can be applied both in peace or conflict conditions. In a condition of armed conflict, international humanitarian law as a lex specialist is not widely interpreted to set aside human rights law. Human rights law is applied if facts or incidents exist in armed conflict that is contrary to human values.
Dikotomi Moral dan Hukum sebagai Problem Epistemologis dalam Konstitusi Modern Muhtamar, Syafruddin; Ashri, Muhammad
Jurnal Filsafat "WISDOM" Vol 30, No 1 (2020)
Publisher : Fakultas Filsafat, Universitas Gadjah Mada Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (699.43 KB) | DOI: 10.22146/jf.42562

Abstract

This article discusses dichotomy between moral and legal consideration occuring in the modern constitutions that can be traced back in the thoughts of Thomas Aquinas and Niccolo Machiavelli. The analysis focuses on the epistemological aspects of this dichotomy that are rooted for long in the moral and legal concepts in the modern constitution.Through epistemological analysis, the authors conclude that the epistemic root of the dichotomy lie in the contrasting paradigm between supernatural law and modern positivism. While modern constitutionalism constructs moral concepts that presummes Divine truth, the legal concepts oriented to rational truth. These two concepts should be intergrated without dichotomy through the dictum 'moral exaltation in the primacy of the law' so that the law will be able to answer legal issues in the society.
Co-Authors Arisaputra, Muh. Ilham Bakar, Dian Utami Mas Eka Merdekawati Djafar, Eka Merdekawati Muhtamar, Syafruddin Mustafa Bola, Mustafa Romi Librayanto, Romi Zulkifli Aspan, Zulkifli