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ADAKAH ITU: VERITAS ET IUSTITIA? Kusumohamidjojo, Budiono
Veritas et Justitia Vol 1, No 1 (2015)
Publisher : Faculty of Law, Parahyangan Chatolic University

Show Abstract | Download Original | Original Source | Check in Google Scholar

AbstractThe idea of truth has gone through a path of a long history and will still be the subject of a long and complex discourse. It will even remain being the cause of violent conflicts, the more if it deals with the perception of absolute truth. The unfortunate problem befalling mankind is the fact, which is based on different perceptions of truth, let alone âabsolute truthâ, that a lot of people strive to uphold perfect justice as if the world has a place for such an illusion. The history of mankind has reached a stage, whereby we must learn to understand that we have to distance ourselves from thoughts of promoting absolute truth, the more if aspirations toward upholding perfect justice also piggy backs thereon. Or else the world will keep constantly embroiled in senseless conflicts, violence and wars, where people would fight each other for their respective absolute principles, while actually being unaware about its absurd logic. Therefore the newly launched journal Veritas Et Iustitia would have to confront a tremendous challenge because the editors should construct a platform for continuous dialogue leading to constructive efforts towards better understanding about truth which should be increasingly more true and justice which should be increasingly more just to be pursued by mankind.Â Keywords: truth, justice, history, absolutism, ideology, paradoxically

ADAKAH ITU: VERITAS ET IUSTITIA? Kusumohamidjojo, Budiono
Veritas et Justitia Vol. 1 No. 1 (2015): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.v1i1.1414

AbstractThe idea of truth has gone through a path of a long history and will still be the subject of a long and complex discourse. It will even remain being the cause of violent conflicts, the more if it deals with the perception of absolute truth. The unfortunate problem befalling mankind is the fact, which is based on different perceptions of truth, let alone “absolute truth”, that a lot of people strive to uphold perfect justice as if the world has a place for such an illusion. The history of mankind has reached a stage, whereby we must learn to understand that we have to distance ourselves from thoughts of promoting absolute truth, the more if aspirations toward upholding perfect justice also piggy backs thereon. Or else the world will keep constantly embroiled in senseless conflicts, violence and wars, where people would fight each other for their respective absolute principles, while actually being unaware about its absurd logic. Therefore the newly launched journal Veritas Et Iustitia would have to confront a tremendous challenge because the editors should construct a platform for continuous dialogue leading to constructive efforts towards better understanding about truth which should be increasingly more true and justice which should be increasingly more just to be pursued by mankind. Keywords: truth, justice, history, absolutism, ideology, paradoxically

KETERTIBAN YANG ADIL VERSUS KETIDAKADILAN: BEBAN SOSIAL-EKONOMI YANG HISTORIS DARI HUKUM Kusumohamidjojo, Budiono
Veritas et Justitia Vol. 2 No. 1 (2016): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.v2i1.2075

This paper is based on a two decade observation on the dilemma of order and justice, leading to an attempt to analyze the social-economic factors underlying the historical roots of injustice. On its course it attempted to take lessons from historically proven axioms provided by certain heavy weight thinkers. While trying to make the best out of those axioms, the analysis could not ignore the hard facts of the daily life of the billions of people suffering from unending injustice in most parts of the world, in the rich and let alone in the poor parts of it. Neither could it escape from criticizing the ubiquitous mess in the justice system, almost universally. Although the overall problem of injustice does not seem to provide much hope for a better life of the people at large, the conclusion of this paper tried to distant away from a pessimistic stance and instead proposed an agenda for those who may concern to be carried out. This paper contains forethoughts of a book in the making regarding basically the same problem. Keywords:history, authority, rationality, law, order, equality, justice

ADAKAH ITU: VERITAS ET IUSTITIA? Kusumohamidjojo, Budiono
Veritas et Justitia Vol. 1 No. 1 (2015): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.v1i1.1414

AbstractThe idea of truth has gone through a path of a long history and will still be the subject of a long and complex discourse. It will even remain being the cause of violent conflicts, the more if it deals with the perception of absolute truth. The unfortunate problem befalling mankind is the fact, which is based on different perceptions of truth, let alone “absolute truth”, that a lot of people strive to uphold perfect justice as if the world has a place for such an illusion. The history of mankind has reached a stage, whereby we must learn to understand that we have to distance ourselves from thoughts of promoting absolute truth, the more if aspirations toward upholding perfect justice also piggy backs thereon. Or else the world will keep constantly embroiled in senseless conflicts, violence and wars, where people would fight each other for their respective absolute principles, while actually being unaware about its absurd logic. Therefore the newly launched journal Veritas Et Iustitia would have to confront a tremendous challenge because the editors should construct a platform for continuous dialogue leading to constructive efforts towards better understanding about truth which should be increasingly more true and justice which should be increasingly more just to be pursued by mankind. Keywords: truth, justice, history, absolutism, ideology, paradoxically

KETERTIBAN YANG ADIL VERSUS KETIDAKADILAN: BEBAN SOSIAL-EKONOMI YANG HISTORIS DARI HUKUM Kusumohamidjojo, Budiono
Veritas et Justitia Vol. 2 No. 1 (2016): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.v2i1.2075

This paper is based on a two decade observation on the dilemma of order and justice, leading to an attempt to analyze the social-economic factors underlying the historical roots of injustice. On its course it attempted to take lessons from historically proven axioms provided by certain heavy weight thinkers. While trying to make the best out of those axioms, the analysis could not ignore the hard facts of the daily life of the billions of people suffering from unending injustice in most parts of the world, in the rich and let alone in the poor parts of it. Neither could it escape from criticizing the ubiquitous mess in the justice system, almost universally. Although the overall problem of injustice does not seem to provide much hope for a better life of the people at large, the conclusion of this paper tried to distant away from a pessimistic stance and instead proposed an agenda for those who may concern to be carried out. This paper contains forethoughts of a book in the making regarding basically the same problem. Keywords:history, authority, rationality, law, order, equality, justice

Han Feizi's Political Philosophy and Today's China Kusumohamidjojo, Budiono
MELINTAS An International Journal of Philosophy and Religion (MIJPR) Vol. 25 No. 1 (2009)
Publisher : Faculty of Philosophy, Parahyangan Catholic University, Bandung

Han Feizi is a Chinese thinker who lived in the 3rd century BCEand had the opportunity to inspire the Emperor Qin Shi Huangdiwho is acknowledged as the founder of the Empire of China.Taking the path of his realist Confucian teacher Xunzi (contrary toMengzi who was an idealist Confucian), he believed in the evilcharacter of the human being, as basically everyone only prioritizesits own needs. Therefore Han Feizi deems it most important thatthe ruler establishes order and peace in society. As such Han Feiziteaches a political theory that differs from the mainstream of theother classical Chinese thinkers in general who consider socialethics as most significant. To establish harmony in society, he findsstrict laws, shrewd statecraft and clear authority more decisive thanthe personal moral virtues of the ruler as taught by Confucius. Inorder to govern effectively and efficiently, the ruler should employthe “two handles” of governing by punishing law breakers andrewarding law abiders proportionally vis-à-vis all his subjects. Itwas indeed that kind of governance that was pursued by MaoZedong while dealing with the officials of the Communist Party ofChina, resembling that what the Government of China did to dealwith civil unrest in Tibet in the 1950s and 2008, and now in Urumqias well.

MEMBANGUN PERADABAN YANG LEBIH ADIL Kusumohamidjojo, Budiono
MELINTAS An International Journal of Philosophy and Religion (MIJPR) Vol. 23 No. 1 (2007)
Publisher : Faculty of Philosophy, Parahyangan Catholic University, Bandung

The widespread misperception about identity has apparently led to identity absolutism that is also reflected in the quest for absolute truth. The consequence of this mindset has placed mankind in a “confederation of cultures” (Amartya Sen) that ultimately fails to deliver a peaceful and just coexistence. As if human suffering is yet to be hardened, globalization brought more burden into the drama. We are like destined to watch human civilization split into various conflicting civilizations. As mankind hasreached an unprecedented complex Lebenswelt (EdmundHusserl),we need to develop a kind of global civilization (to reconcile the effects of globalization) that is more just in order for the human race to retain itsexistence and co-existence.Ways and means need to be determined for that purpose, however, argumentative dialogue still seems to be the main avenue to achieve that end. For its own sake Indonesia has the obligationto contribute to the development of a more just global civilization. Such obligation is indeed implied in the Preamble of its 1945 Constitution. Otherwise Indonesians risk to be at the mercy of arbitrary forces of globalization. Nevertheless, Indonesia's capacity to participate at and contribute to the process of developing a more just civilization depends very much on improvement of the qualities of its citizens, which in turn requires adjustment of mindset with the ongoing process. Efforts to adjust our mindset will need the rendering of subjects on social ethics (budi pekerti), world history and global geography starting with the elementary school. Only with reasoning citizens will Indonesia be able to participate in the development of a more just civilization and thereby also improve its ownwell being.

DIALOG IMAJINER DENGAN HANS KELSEN TENTANG "KEADILAN" Kusumohamidjojo, Budiono
MELINTAS An International Journal of Philosophy and Religion (MIJPR) Vol. 21 No. 2 (2005)
Publisher : Faculty of Philosophy, Parahyangan Catholic University, Bandung

This articlewas written in 1987 and was not published to date. It deals withKelsen's concept of justice that is based on his theory of pure law. Kelsen's work was written in the speculative tradition of the European Staatsrecht, which does not necessarily resemble constitutional law in the English analytical tradition. The positive law that governs the daily life should be the result of legal studies that in turn has to be liberated from political interests. For that sake man has to revert to the Grundnorm, by means of continuous application of teleology (which is commensurate with the term "hermeneutics" in modern philosophy). Kelsen was concerned about the trend of formalism as a short cut in the pursuit of justice, which could fire back on the coherence of the social process.

Han Feizi's Political Philosophy and Today's China Kusumohamidjojo, Budiono
MELINTAS An International Journal of Philosophy and Religion (MIJPR) Vol. 25 No. 1 (2009)
Publisher : Faculty of Philosophy, Parahyangan Catholic University, Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26593/mel.v25i1.933.45-56

Han Feizi is a Chinese thinker who lived in the 3rd century BCEand had the opportunity to inspire the Emperor Qin Shi Huangdiwho is acknowledged as the founder of the Empire of China.Taking the path of his realist Confucian teacher Xunzi (contrary toMengzi who was an idealist Confucian), he believed in the evilcharacter of the human being, as basically everyone only prioritizesits own needs. Therefore Han Feizi deems it most important thatthe ruler establishes order and peace in society. As such Han Feiziteaches a political theory that differs from the mainstream of theother classical Chinese thinkers in general who consider socialethics as most significant. To establish harmony in society, he findsstrict laws, shrewd statecraft and clear authority more decisive thanthe personal moral virtues of the ruler as taught by Confucius. Inorder to govern effectively and efficiently, the ruler should employthe “two handles” of governing by punishing law breakers andrewarding law abiders proportionally vis-à-vis all his subjects. Itwas indeed that kind of governance that was pursued by MaoZedong while dealing with the officials of the Communist Party ofChina, resembling that what the Government of China did to dealwith civil unrest in Tibet in the 1950s and 2008, and now in Urumqias well.

MEMBANGUN PERADABAN YANG LEBIH ADIL Kusumohamidjojo, Budiono
MELINTAS An International Journal of Philosophy and Religion (MIJPR) Vol. 23 No. 1 (2007)
Publisher : Faculty of Philosophy, Parahyangan Catholic University, Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26593/mel.v23i1.987.29-45

The widespread misperception about identity has apparently led to identity absolutism that is also reflected in the quest for absolute truth. The consequence of this mindset has placed mankind in a “confederation of cultures” (Amartya Sen) that ultimately fails to deliver a peaceful and just coexistence. As if human suffering is yet to be hardened, globalization brought more burden into the drama. We are like destined to watch human civilization split into various conflicting civilizations. As mankind hasreached an unprecedented complex Lebenswelt (EdmundHusserl),we need to develop a kind of global civilization (to reconcile the effects of globalization) that is more just in order for the human race to retain itsexistence and co-existence.Ways and means need to be determined for that purpose, however, argumentative dialogue still seems to be the main avenue to achieve that end. For its own sake Indonesia has the obligationto contribute to the development of a more just global civilization. Such obligation is indeed implied in the Preamble of its 1945 Constitution. Otherwise Indonesians risk to be at the mercy of arbitrary forces of globalization. Nevertheless, Indonesia's capacity to participate at and contribute to the process of developing a more just civilization depends very much on improvement of the qualities of its citizens, which in turn requires adjustment of mindset with the ongoing process. Efforts to adjust our mindset will need the rendering of subjects on social ethics (budi pekerti), world history and global geography starting with the elementary school. Only with reasoning citizens will Indonesia be able to participate in the development of a more just civilization and thereby also improve its ownwell being.

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