scholarly journals REORIENTATION TOWARDS THE NATURE OF JURISPRUDENCE IN LEGAL RESEARCH

2014 ◽  
Vol 26 (2) ◽  
pp. 340
Author(s):  
Danang Hardianto
Keyword(s):  
Legal Theory ◽  
Legal Issues ◽  
Empirical Science ◽  
Sociology Of Law ◽  
Legal Practice ◽  
Philosophy Of Law ◽  
Legal Research ◽  
Legal Scholarship

This article is used to distinguish a deepest understanding between normative and empirical legal research. The jurisprudence is characteristically sui generis or ‘be on one’s own’, it contents norms and its scope, namely legal dogmatic, legal theory, and philosophy of law, is used to solve legal issues or problems.Otherwise the empirical science armed with its methodology,especially in connection with the sociology of law and called with the socio-legal research, describes merely the legal phenomena. Therefore, this article chiefly criticize the failing of the sociology of law to solve legal issues or problems for legal practice or legal scholarship. Artikel ini digunakan untuk membedakan sebuah pemahaman yang mendalam diantara penelitian hukum normatif dan empiris. Ilmu hukum bersifat sui generis atau hanya untuk jenisnya sendiri. Ilmu hukum mengandung  norma  dan  ruang  lingkupnya,  yaitu  dogmatik  hukum,  teori  hukum,  dan  filsafat  hukum, digunakan untuk memecahkan isu atau masalah hukum. Sebaliknya ilmu sosial, terkait dengan sosiologi hukum dan disebut dengan penelitian socio-legalhanya menggambarkan gejala-gejala hukum. Oleh karena itu, secara tegas artikel ini mengkritisi kegagalan sosiologi hukum untuk memecahkan isu atau masalah hukum baik untuk kebutuhan praktik maupun akademisi.

scholarly journals Problematika Fungsi Hakim Pengawas dan Pengamat Dalam Sistem Peradilan Pidana Indonesia: Tinjauan Studi Socio-Legal

2020 ◽  
Vol 6 (2) ◽  
pp. 107-117
Author(s):  
H Muhamad Rezky Pahlawan MP ◽  
Chessa Ario Jani Purnomo
Keyword(s):  
Legal Theory ◽  
Legal Issues ◽  
Legal Research ◽  
Legal Principles ◽  
Procedural Law ◽  
Control Functions ◽  
State Administration ◽  
Institutional Model ◽  
Pattern Of Implementation ◽  
And Control

In this study, the author considers 3 (three) reasons that are considered important such as philosophical aspects, aspects of criminal law theory, and political aspects of national criminal procedural law after describing 5 (five) previous legal scientific studies related to the implementation of supervisory judges and observers in the criminal justice system. This study aims to reflect on the legal principles of the kimwasmat institution and build models and patterns of implementing the kimwasmat institution. This research intends to answer 2 (two) legal issues: firstly, what are the legal principles contained in Article 280 of the KUHAP. Secondly, what is the model and pattern of implementation of the supervisory and observer judge institutions based on Article 280 of the KUHAP. This legal research uses the socio-legal research method, the materials of which are the results of interviews of judges in deliberate district courts, study of court official documents, relevant laws and regulations to legal issues, legal theory and social science theories. This study found, firstly, the function of kimsmat based on the principle of legal certainty and the principle of benefit which seeks to be married into the principle of certainty which is useful based on Pancasila. Finally, the classical bureaucratic model and the institutional model as well as the aspects of state administration to explain the management and control functions of the authority of the kimwasmat become the basis for the court to carry out criminal objectives.

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>

The Validity of Rector�s Circular Letter on the Covid-19 Pandemic

2020 ◽  
Vol 7 (1) ◽  
pp. 126 ◽  
Author(s):  
Fradhana Putra Disantara
Keyword(s):  
Legal Theory ◽  
Legal Issues ◽  
State Universities ◽  
Ministry Of Education ◽  
Conceptual Approach ◽  
State Of Emergency ◽  
Circular Letter ◽  
The Status ◽  
The Government

This study aims to analyze the relevance of the �health emergency� status to the existing legal theory and condition as well as to identify the validity of the Circular Letter of the Rector of State Universities. To this end, this study applied the statute and conceptual approach. The study was conducted by inventorying primary and secondary legal materials to obtain a proper and critical review of the legal issues under study. The results showed that the determination of the �health emergency� status by the government was inappropriate due to the uncertainty of the regulations issued by the government to determine the current condition. Thus, the status of the COVID-19 pandemic is a �legal emergency� status. Further, the Rector�s policy through the Circular Letter is valid judicially, sociologically, and philosophically. The determination of the �legal emergency� status can be done by issuing a Perppu without a �state of emergency� from the President. Finally, it is suggested to firstly get an approval from the Ministry of Education and Culture regarding the issuance of the Rector�s Circular Letter. Besides, further study is needed as this study was conducted during the COVID-19 pandemic.�Keabsahan Surat Edaran Rektor Perguruan Tinggi dalam Pandemi Covid-19Tujuan dari penelitian ini adalah untuk menganalisa relevansi status �darurat kesehatan� dengan teori hukum dan kondisi yang ada dan keabsahan atas Surat Edaran Rektor Perguruan Tinggi Negeri. Metode yang digunakan dalam penelitian ini adalah statute approach dan conseptual approach. Penelitian dilakukan dengan menginventarisasi bahan hukum primer dan sekunder, guna mendapatkan kajian yang seyogianya dan telaah kritis terkait isu hukum. Hasil penelitian menyatakan penetapan status darurat kesehatan oleh pemerintah kurang tepat, dikarenakan tidak menentu-nya peraturan yang dikeluarkan oleh pemerintah untuk menetapkan kondisi saat ini. Sehingga, status pandemi COVID-19 merupakan status darurat hukum. Kebijakan rektor melalui Surat Edaran adalah absah secara aspek yuridis, sosiologis, dan filosofis. Penetapan darurat hukum cukup dilakukan dengan menerbitkan Perppu tanpa pernyataan darurat dari Presiden. Saran peneliti adalah di perlukan persetujuan pada Kementerian Pendidikan dan Kebudayaan terkait terbitnya Surat Edaran Rektor, dan dibutuhkan penelitian lebih lanjut dikarenakan penelitian ini dilakukan pada masa COVID-19 yang bersifat temporal.�

scholarly journals Order, experience, and critique: The phenomenological method in political and legal theory

2021 ◽  
Author(s):  
Sophie Loidolt
Keyword(s):  
Best Practice ◽  
Legal Theory ◽  
Legal Issues ◽  
Main Task ◽  
Phenomenological Method ◽  
The Public ◽  
Practice Models ◽  
Critical Phenomenology ◽  
Flexible Framework ◽  
The Public Sphere

AbstractThe paper investigates phenomenology’s possibilities to describe, reflect and critically analyse political and legal orders. It presents a “toolbox” of methodological reflections, tools and topics, by relating to the classics of the tradition and to the emerging movement of “critical phenomenology,” as well as by touching upon current issues such as experiences of rightlessness, experiences in the digital lifeworld, and experiences of the public sphere. It is argued that phenomenology provides us with a dynamic methodological framework that emphasizes correlational, co-constitutional, and interrelational structures, and thus pays attention to modes of givenness, the making and unmaking of “world,” and, thereby, the inter/subjective, affective, and bodily constitution of meaning. In the case of political and legal orders, questions of power, exclusion, and normativity are central issues. By looking at “best practice” models such as Hannah Arendt’s analyses, the paper points out an analytical tool and flexible framework of “spaces of meaning” that phenomenologists can use and modify as they go along. In the current debates on political and legal issues, the author sees the main task of phenomenology to reclaim experience as world-building and world-opening, also in a normative sense, and to demonstrate how structures and orders are lived while they condition and form spaces of meaning. If we want to understand, criticize, act, or change something, this subjective and intersubjective perspective will remain indispensable.

Training the Trainees: Developing Effective Programmes and Partnerships in Legal Practice

2005 ◽  
Vol 5 (1) ◽  
pp. 34-41 ◽  
Keyword(s):  
Research Training ◽  
Legal Practice ◽  
Training Module ◽  
Legal Research ◽  
Effective Training

Alison Johnson reviews Eversheds' approach to delivering legal research training and the development of an effective training module which was first delivered in 2002 and has recently had its first cohort moving into qualification and the workplace as fully trained lawyers.

Legal Information and the Social Media: Some Current Issues

Libri ◽  
2018 ◽  
Vol 68 (4) ◽  
pp. 345-359
Author(s):  
Vicki Lawal ◽  
Peter G Underwood ◽  
Christine Stilwell
Keyword(s):  
Social Media ◽  
Legal Education ◽  
Preliminary Evidence ◽  
Survey Method ◽  
Law Firms ◽  
Legal Practice ◽  
Legal Research ◽  
Legal Information ◽  
The Social ◽  
Study Population

Abstract This article examines the effect of the adoption of social media in legal practice in Nigeria. It discusses some of the major challenges that have recently been experienced in the use of legal information in Nigeria within the context of the social media revolution, particularly with respect to ethics. A survey method was employed and data was collected through self-administered questionnaires to the study population comprising practicing lawyers located in various law firms in Nigeria. Outcomes from the study provide preliminary evidence on the nature of the application of social media in legal practice and the prospects for its inclusion as an important aspect of legal research in the legal education system in Nigeria.

Luhmann’s ›Other‹ Book on Law: Observations on the Reception of Niklas Luhmann’s A Sociological Theory of Law

2014 ◽  
Vol 19 (1) ◽  
Author(s):  
Marc Hanna
Keyword(s):  
North America ◽  
Sociological Theory ◽  
Sociology Of Law ◽  
Substantial Impact ◽  
Legal Scholarship ◽  
The Subject ◽  
Nuanced Understanding ◽  
Theory Of Law ◽  
Anglophone World ◽  
Relative Accessibility

AbstractEven though Niklas Luhmann’s general sociology of law has made a substantial impact upon socio-legal scholarship in the Anglophone world in recent years, his first book on the subject to be translated into English has received relatively little attention. The paper presents this as something of an anomaly by highlighting both the relative accessibility of the book and the way in which it has proved foundational for systems theoretical accounts of law in world society. In tracing the book's reception in both Britain and North America, the paper identifies the general problems of timing and communication the book faced. But it also considers whether the relatively humanist undertones of the book's focus on the development of law from the interaction of individuals proves unsettling to the now relatively more accepted concept of law as autopoiesis. The paper concludes, however, that it is this which should recommend the book to a contemporary audience, as offering a more nuanced understanding of Luhmann’s sociology of law and the potential contained therein.

scholarly journals The Theory of Interpretation in Solving Contemporary Legal Issues: With A Focus on the Instrument of Ijtihad

2018 ◽  
Vol 150 ◽  
pp. 05056
Author(s):  
Abdulrahman M.A.Albelahi ◽  
A. Ali ◽  
Faten Mohmed ◽  
Metwally Ali
Keyword(s):  
Islamic Law ◽  
Legal Theory ◽  
Legal Issues ◽  
Legal Interpretation ◽  
Way Of Life ◽  
Essential Question ◽  
Judicial Reasoning ◽  
The Law ◽  
Law And Legislation

Since the beginning, legal theory has concerned itself with the establishment of principles and precepts that govern the procedure of legal interpretation, from the initial stages of the judicial reasoning down to the promulgation of ruling and their implementation, Islam is a total way of life. Muslims are obliged to abide by the rules of Allah in every aspect of their lives, always and wherever they live. However, the actual rules of Allah as given in the Qur’an and the sunna are limited. The Qur’an contains only six hundred verses directly related to laws, and there are approximately two thousand hadiths. The function of interpretation is to discover the intention of the Lawmaker of the matter, therefore, interpretat primarily concerned with the discovery of that which is rot self-evident the objective of interpretation is to ascertain the intention c the Lawmaker with regard to what has been left unexpressed as a matter of necessary interference from the surrounding circumstances. Sometimes, the textual sources did not provide detailed guidelines in which to derive the law, and then the role of interpretation is important to determine the law. In Islamic law the role of Ijtihad undoubtedly important in order to meet new problems. But some of the Jurist contended that the role of Ijtihad had ended and we have to follow the rule that has been stated. An explanation given to this trend is that a point had been reached at which all essential question of law had been thoroughly discussed and further deliberation was deemed unnecessary. In Common law, man-made law and legislation are related to one another within a philosophy of law. Parliament makes law and it is the duty of the courts to give effect to them if properly enacted. While courts may rule that a particular statute or section is invalid for various reasons such as unconstitutionality, they cannot say, "We shall change this Act because it is not appropriate". That function belongs to Parliament (Wu Min Aun 1990: 120). So as in Islamic law, the Lawmaker is Allah S.w.t and the sacred text (Quran) is legislated due to His intention whereas Sunnah of the Prophet Muhammad is enacted due to the Prophet's intention. Therefore, Ulama of Usul Fiqh, in making any Ijtihad, they are du y bound to be guided by Quran and Sunnah.

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