The Challenges of Teaching Comparative Law and Socio-Legal Studies at Indonesia's Law Schools

2019 ◽  
Vol 14 (S1) ◽  
pp. S229-S244
Author(s):  
Herlambang P WIRATRAMAN
Keyword(s):  
Social Change ◽  
Research Methods ◽  
Legal System ◽  
Comparative Law ◽  
Law Schools ◽  
Legal Research ◽  
Legal Studies ◽  
Interdisciplinary Approaches ◽  
Source Materials

AbstractThis article addresses the role of legal research methodologies in the development of legal science and the creation of social change in Indonesia. Based on fieldwork conducted at Indonesian law schools between 2014 and 2016, this article reveals that legal research methods taught in Indonesia are starkly divided into normative-juridical and empirical-juridical approaches. Misunderstandings between adherents of these different schools of thought pose significant obstacles to the development of interdisciplinary approaches to law that span or go beyond the divide. Methodological conflicts resulting in the absence of socio-legal approaches in Indonesian law schools, coupled with outdated and limited source materials, limit the study of comparative law in Indonesia to the mere comparison of statutes and rules shorn of socio-political context. They also fail to instill awareness of the importance of considering social – on top of legal – impact in the context of Indonesia's complex and pluralist legal system.

How Much “Law” in Legal Studies? Approaches to Teaching Legal Research and Doctrinal Analysis in a Legal Studies Program

2014 ◽  
Vol 29 (03) ◽  
pp. 297-310 ◽  
Author(s):  
Vincent Kazmierski
Keyword(s):  
Research Methods ◽  
Legal Education ◽  
Multiple Roles ◽  
Methods Course ◽  
Law Schools ◽  
Legal Research ◽  
Pedagogical Strategies ◽  
Legal Studies ◽  
Professional Law

Abstract This article addresses the teaching of legal research methods and doctrinal analysis within a legal studies program. I argue that learning about legal research and doctrinal analysis is an important element of legal education outside professional law schools. I start by considering the ongoing debate concerning the role of legal education both inside and outside professional law schools. I then describe the way in which the research methods courses offered by the Department of Law and Legal Studies at Carleton University attempt to reconcile the tension between “law” and legal studies. In particular, I focus on how the second-year research methods course introduces students to “traditional” legal research and doctrinal analysis within a legal studies context by deploying a number of pedagogical strategies. In so doing, the course provides students with an important foundation that allows them to embrace the multiple roles of legal education outside professional law schools.

Authority of Law: An Analysis of The Role of Police

2017 ◽  
Vol 2 ◽  
Author(s):  
Veronika Keir
Keyword(s):  
Policy Development ◽  
Crime Control ◽  
Legal Theory ◽  
Research Policy ◽  
Further Education ◽  
Full Time ◽  
Legal Research ◽  
Legal Studies ◽  
The University

<div class="page" title="Page 3"><div class="layoutArea"><div class="column"><p><span>Veronika is a recent graduate from the Honours Legal Studies program at the University of Waterloo. Her passions are socio-legal research, policy development, feminist legal theory, and crime control development. Veronika is currently working a full-time job at Oracle Canada, planning on pursuing further education in a Masters program. </span></p></div></div></div>

scholarly journals Improving the credibility of empirical legal research: practical suggestions for researchers, journals, and law schools

2020 ◽  
Author(s):  
Jason Chin ◽  
Alexander Carl DeHaven ◽  
Tobias Heycke ◽  
Alex O. Holcombe ◽  
David Thomas Mellor ◽  
...  
Keyword(s):  
Data Analysis ◽  
Case Law ◽  
Qualitative Studies ◽  
Incentive Systems ◽  
Law Schools ◽  
Legal Research ◽  
Legal Studies

Fields closely related to empirical legal research are enhancing their methods to improve the credibility of their findings. This includes making data, analysis code, and other materials openly available, and preregistering studies. Empirical legal research appears to be lagging behind other fields. This may be due, in part, to a lack of meta-research and guidance on empirical legal studies. The authors seek to fill that gap by evaluating some indicators of credibility in empirical legal research, including a review of guidelines at legal journals. They then provide both general recommendations for researchers, and more specific recommendations aimed at three commonly used empirical legal methods: case law analysis, surveys, and qualitative studies. They end with suggestions for policies and incentive systems that may be implemented by journals and law schools.

scholarly journals Legal Research- Descriptive Analysis on Doctrinal Methodology

2019 ◽  
pp. 95-103
Author(s):  
Pradeep M.D.
Keyword(s):  
Research Methods ◽  
Social System ◽  
Descriptive Analysis ◽  
Human Beings ◽  
Legal Research ◽  
Legal Studies ◽  
The Social ◽  
Legal Mechanism ◽  
The Impact ◽  
Stock Of Knowledge

Human beings possess instinct of inquisitiveness in cases of confronting with the unknown aspects of life which probe to attain greater understanding on such uncertainty. This inquisitiveness is the method which man employs for obtaining knowledge is termed as research. It is the art of scientific enquiry into new facts conducted in any branch of knowledge. Generally, Research is the movement from the known towards the unknown to be called as the voyage of discovery. It originally contributes to the existing stock of knowledge facilitating its advancement. Truth is pursued with the help of study, observation, comparison and experiment. Systematic study of the law through doctrinal and non-doctrinal research methods considers to be the socio-legal studies aiming to analyze the impact of legal mechanism on the social system. This paper introduces into the fundamentals of legal research, socio-legal studies, conceptual framework on doctrinal research, steps of doctrinal studies, limitations and differences between doctrinal and non-doctrinal legal research methods.

scholarly journals Dilema Hakim Pengadilan Agama dalam Menyelesaikan Perkara Hukum Keluarga Melalui Mediasi

2021 ◽  
Vol 4 (1) ◽  
pp. 115-124
Author(s):  
Erie Hariyanto ◽  
Moh. Efendi ◽  
Sulistiyawati Sulistiyawati
Keyword(s):  
Supreme Court ◽  
Research Methods ◽  
Research Method ◽  
Family Law ◽  
Legal Research ◽  
The One ◽  
Religious Courts

This article aims to determine the role of judges in resolving family law cases through mediation in the Religious Courts, where judges have the position as state officials as regulated in Law Number 43 of 1999 concerning Basic Personnel, can also be a mediator in the judiciary. as regulated in Supreme Court Regulation Number 1 of 2016 concerning Mediation Procedures where judges have the responsibility to seek peace at every level of the trial and are also involved in mediation procedures. The research method used in this article uses normative legal research methods. Whereas until now judges still have a very important role in resolving family law cases in the Religious Courts due to the fact that there are still many negotiating processes with mediation assisted by judges, even though on the one hand the number of non-judge mediators is available, although in each region it is not evenly distributed in terms of number and capacity. non-judge mediator.

scholarly journals The Function of Legal Research in Formulation of Legislation

2020 ◽  
Vol 7 (1) ◽  
pp. 61-65
Author(s):  
Victoria Tabita Majesty Lamada ◽  
Tetania Retno Gumilang
Keyword(s):  
Legal System ◽  
Raw Materials ◽  
Active Role ◽  
Problem Solver ◽  
Legal Research ◽  
Legal Development ◽  
Internal Problem ◽  
National Legal System ◽  
Logical Data

The formation of legislation is a condition in the framework of national law development which can only be realized if supported by good methods, which are binding on all institutions authorized to make regulations. Indonesia is a state of law that should implement good national legal development, which is carried out in a planned, integrated and sustainable manner in the national legal system. Law No. 12 of 2011 states that research is an important element in the formation of the legislation process. Because it is impossible if a draft legislation is formed before the existence of a legal investigation. This research discussed about the role of legal research in the formation of legislation, as well as what are the benefits of legal research itself. The conclusion is the formation of laws and regulations cannot occur if there is no legal research, because legal research is an internal problem solver in the process of establishing legislation. This legal research itself plays an active role in obtaining valid, correct, rational, and logical data. In addition, legal research is also useful for obtaining raw materials from all aspects, both juridical, socio-psychological, and philosophical that are accurate and complete.

Meeting the Needs of Comparative and International Legal Research in Australia: A Library Project—A Report and Proposal*

1992 ◽  
Vol 20 (3) ◽  
pp. 238-264
Author(s):  
Gerard C. Rowe ◽  
Rob Brian
Keyword(s):  
Legal System ◽  
Common Law ◽  
Comparative Law ◽  
Legal Systems ◽  
Legal Research ◽  
Consumer Law ◽  
Rules And Principles ◽  
Potential Benefits ◽  
Foreign Commerce ◽  
International Interactions

Common Law systems have always practiced a fairly consistent comparative legal research and scholarship. Initially through the mere exportation of rules and principles from England this was a somewhat centripetal comparative law but it has passed through various modes of radial, circumferential, centrifugal and ultimately polycentric comparisons and cross-fertilizations. Nevertheless, this exercise in comparative law, also in Australia, has remained largely within the boundaries of the Common Law world. It is no longer possible for legal research to be conducted wholly within the boundaries of a single legal system, even that of the enlarged Common Law. Legal researchers need to look beyond the borders of their own jurisdictions. Hardly any legal system today is capable of operating without international interactions requiring a knowledge of foreign legal systems, and many legal problems, or socio-economic problems which law must help to solve, may find useful models elsewhere. In Australia there are needs for reform in fields such as intellectual property, banking or consumer law, and for providing qualified advice including predictions of developments in foreign legal systems to ensure that foreign commerce and trade is fully informed of potential benefits and disadvantages to be found under foreign law. Australia must also be able to take its proper place in fields such as international environmental protection, and to take advantage of potentially beneficial developments in dispute resolution techniques. All of these situations are ones in which, by looking outside their national and even Common Law framework, Australian legal researchers will be better placed to provide concrete benefits to Australian society.

PERAN BEI DALAM MELINDUNGI INVESTOR PASAR MODAL TERHADAP KEPAILITAN PERUSAHAAN TERBUKA

2019 ◽  
Vol 7 (2) ◽  
pp. 235
Author(s):  
Muhammad Azmi ◽  
Dona Budi Kharisma
Keyword(s):  
Research Methods ◽  
Capital Market ◽  
Stock Exchange ◽  
Legal Protection ◽  
Annual Reports ◽  
Legal Research ◽  
Financial Reports ◽  
Public Company

<p>Abstract<br />This study examines the role of the Indonesia Stock Exchange on capital market investors regarding the bankruptcy of a public company. This research uses normative-empirical legal research methods with descriptive and prescriptive forms. The results show that the legal protection of capital market investors by the Indonesia Stock Exchange can be done with the principle of disclosure to investors and monitoring of financial reports, annual reports, and other periodic reports. <br />Keywords: Bankrupt, Investor, Legal Protection</p><p>Abstrak<br />Penelitian ini mengkaji tentang peran Bursa Efek Indonesia terhadap investor pasar modal mengenai  kepailitan perusahaan terbuka. Penelitian ini menggunakan metode penelitian hukum normatif-empiris dengan sifat penelitian deskriptif dan bentuk preskriptif. Hasil penelitian menunjukkan bahwa Upaya perlindungan hukum investor pasar modal oleh Bursa Efek Indonesia dapat dilakukan dengan prinsip keterbukaan kepada para investor dan pantauan mengenai Laporan keuangan, Laporan tahunan, dan Laporan berkala lainnya. <br />Kata kunci: Pailit, Investor, Perlindungan Hukum.</p>

The Harmonisation of European Private Law Systems and the Role of Comparative Law

2002 ◽  
Vol 30 (2) ◽  
pp. 265-287
Author(s):  
Anne-Catherine Hahn
Keyword(s):  
International Law ◽  
Legal Education ◽  
Comparative Law ◽  
Minor Role ◽  
Private Law ◽  
Legal Research

Comparative and international law has traditionally played a relatively minor role in legal education and research. J Recent years, however, have seen an increasing interest in comparative law, in particular in Europe, where its protagonists are involved in a vivid debate over the harmonisation of national private law systems. In the following remarks, I will, on the basis of one particular example, try to illustrate the type of comparative legal research that supports this debate. Before doing so, I will briefly present the different drivingforces that contribute to the harmonisation ofEuropean private law systems.

Family Law and Social Change Among the Toro of Uganda

1985 ◽  
Vol 29 (1) ◽  
pp. 82-93
Author(s):  
Melvin L. Perlman
Keyword(s):  
Social Change ◽  
Complex Model ◽  
Unintended Consequences ◽  
Law And Society ◽  
Social Scientists ◽  
Effect Change ◽  
Legal Studies ◽  
Relationship Of ◽  
The Relationship

Jane Collier has stated that “the long preoccupation in legal studies with explaining the gap between law and behaviour has precluded the search for a more complex model of relations between law and society that accepts the gap as given”. The purpose of this paper is to further document the need for a more complex model of the relations between law and society. One question now gaining currency is: what is the relationship of law to social change? Some observers claim that “the question is no longer whether law is a significant vehicle of social change but ratherhowit so functions and what special problems arise”. Others regard law as a potential cause of social problems. A serious debate has thus emerged over whether law works at all to effect change and, if so, for whose benefit. This is a complex question. Legal impact studies for example, have revealed some unintended consequences of law-in-action. Moreover, it is often difficult to isolate the main effect of a legal policy, and in any case, social scientists and policymakers alike are interested in longer-range, indirect effects. It is useful, therefore, to distinguish between the direct and indirect aspects of the role of law. Given this complexity, we may usefully rephrase the question as follows: what conditions or factors affect the relationship between law and society, including social change?

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