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All Journal Pembaharuan Hukum terAs Law Review: Jurnal Hukum Humaniter dan HAM Amicus Curiae
Salsabilah, Nahdia
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Law, Crime, Criminology & Criminal Justice

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PENYERANGAN TERHADAP HORS DE COMBAT DALAM KONFLIK BERSENJATA BERDASARKAN PRINSIP PEMBEDAAN: Attacks Againts Hors De Combat in Armed Conflict Based on The Distinction Principle Salsabilah, Nahdia; Wibowo, Aji
AMICUS CURIAE Vol. 2 No. 1 (2025): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/ddxr7y59

Abstract

This research analyzes and discusses hors de combat as a subject in International Humanitarian Law, focusing on implementing the principle of distinction in armed conflict. The discussion arises from frequent misunderstandings about the subjects of International Humanitarian Law, which juxtaposes combatants with non-combatants. Article 10 of Additional Protocol I of 1977 states that International Humanitarian Law respects and protects all wounded, sick, and shipwrecked persons. Therefore, this paper will discuss the position of combatants who cannot participate in hostilities due to the reasons mentioned in the article and how International Humanitarian Law protects them. This research will discussed the issue in relation to the problems that occured during the conflict between Palestine and Israel in 2024.
DISKRIMINASI KEBIJAKAN PEMERINTAH INDIA TERHADAP KAUM MUSLIM DALAM PERSPEKTIF HUKUM HAK ASASI MANUSIA INTERNASIONAL: DISCRIMINATION OF INDIAN GOVERNMENT POLICY AGAINST MUSLIMS IN THE PERSPECTIVE OF INTERNATIONAL HUMAN RIGHTS LAW Notoprayitno, Maya Indrasti; Louisa, Monique; Salsabilah, Nahdia
terAs Law Review : Jurnal Hukum Humaniter dan HAM Vol. 6 No. 2 (2024): November 2024
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/fxe93p65

Abstract

The increase in religious-based conflicts is the result of the use of religion by officials of the ruling Indian government who want to attract sympathy and support from the Indian population who are Hindu, which is the most widely followed belief in India. Since 2014, the government's policies have been perceived by the Indian and international community to marginalize Indian Muslims, particularly with the Citizenship Amendment Bill (CAA 2019). This paper discusses the racism that arises due to the differentiation in beliefs in Indian citizens. The research conducted in this paper is normative legal research using the library method. The results of the analysis are discussed with reference to the International Covenant on Civil and Political Rights. It can be concluded that the sectarian conflict in India due to the Citizenship Law is a form of discrimination that is contrary to Article 18 of the International Covenant on Civil and Political Rights, so there needs to be a further process in upholding religious rights in India.  
A View of Humanitarian Law on Treason in Court Decisions in Indonesia: A Legal Analysis Permanasari, Arlina; Wibowo, Aji; Angelica H., Nadia; Salsabilah, Nahdia
Jurnal Pembaharuan Hukum Vol 12, No 2 (2025): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v12i2.47572

Abstract

The 1949 Geneva Conventions set out clear obligations for participating states to uphold the humanitarian norms contained therein. In Indonesia, the two regions of Aceh and Papua have experienced violent conflict with significant escalation, raising the question of whether these situations can be legally classified as non-international armed conflicts under international humanitarian law. The purpose of this study is to examine this issue by focusing on how treason cases have been tried in Indonesian courts, as judicial reasoning provides an important perspective for assessing the threshold of violence. This study uses normative legal methods, reviewing relevant statutory provisions, legal principles, and court decisions. The research findings indicate that, from a humanitarian law perspective, the acts of violence in Aceh and Papua have not reached the legal threshold required to be categorized as non-international armed conflicts. Instead, the handling of treason crimes still relies on national legal instruments, particularly Article 7 paragraph (2) of the Indonesian National Armed Forces Law, which frames such acts as military operations other than war. In conclusion, although these conflicts exhibit significant social and political tensions, they remain outside the scope of humanitarian law, highlighting the reliance on criminal law and military law in addressing treason.
Co-Authors Aji Wibowo Angelica H., Nadia Louisa, Monique Notoprayitno, Maya Indrasti Permanasari, Arlina