법학 연구 방법 이대로 좋은가?

Teaching methods in research methods remain the least-explored territory in the pedagogy of social studies discipline, more so in the course of professional legal education, while the same deserves attention in legal academics for a long back. In the curricula of new-generation higher education institutions in general, of premier national law universities in particular, the concerned course is named ‘legal method’ in the undergraduate programme and ‘research methodology’ in postgraduate programmes, including research programmes. The forthcoming effort concerns the latter, meant for the so-called postgraduate programme, something more often than not named by higher education institutions in India as ‘research methodology’. With discursive reasoning of his own, the author resorts to the following nomenclature, ‘Legal research methods’, and names his piece accordingly. The author explores all the major means and methods of legal research jointly and severally, thereby getting them clarified and classified in their nitty-gritty. Last yet not least, the author demonstrates technical differences between research methods and research methodology, thereby pleading for the justified usage of technical terms towards better precision, whenever and wherever they suit to technical sense of the terms. Besides, the author underscores the technical distinction between the pedagogy of legal methods for undergraduates in professional legal education and that of research methods for postgraduates in academic legal education, respectively. The intensity of research demanded by the highly specialised nature of legal studies today can only be achieved by a close regard to the detailed methodologies that have been worked out in the field of legal research.—C. G. Weeramantry. 2

The legal research method: An approach to enhance nursing science

Background: Empirical legal research methods have gained increasing significance in legal scholarship, offering insights into the real-world application and outcomes of laws. In Indonesia, the use of these methods remains relatively underexplored despite the growing need for evidence-based policy and legal reforms. Legal research in Indonesia has traditionally relied on doctrinal methods, but empirical approaches have the potential to enhance the understanding of how legal systems function in practice and how laws impact society. Objective: This study aims to explore the applications of empirical legal research methods in legal research in Indonesia. The research focuses on examining how these methods can be effectively implemented in the context of Indonesian legal research to address pressing legal issues and improve the legal system's overall effectiveness. Method: A qualitative research design was employed, combining a review of existing literature, case studies, and interviews with legal scholars, practitioners, and policymakers. The study also analyzed existing empirical research on legal issues in Indonesia to identify current trends and gaps in research. Results: The findings suggest that empirical methods, such as surveys, interviews, and case studies, are increasingly being adopted in Indonesian legal research, though challenges remain in terms of resources, training, and institutional support. Conclusion: Empirical legal research holds significant potential for advancing legal scholarship in Indonesia. There is a need for greater integration of these methods to enhance the quality and relevance of legal research and inform legal reforms.

The tendency of brands that have sprung up in Indonesia has given rise to unhealthy competition so violations have often sprung up. The problem faced is how to resolve dispute cases in Central Jakarta Commercial Court Decision No.15 / PDT.SUS / MEREK / 2015 Jo Cassation Decision No.557K / PDT.SUS-HKI / 2015 regarding the famous brand pierre cardin based on uu brand and legal protection against the owner of the famous brand Pierre Cardin of France for the registration of the Indonesian pierre cardin trademark received by the Directorate General of IPR. The research method used in this paper is a normative legal research method. Normative legal methods are research methods that use literature to discuss existing legal issues. Result research show that Central Jakarta Commercial Court Decision Number 15 / PDT.SUS/MEREK/ 2015 Jo Cassation Decision Number 557K / PDT.SUS-HKI / 2015 and Decision Number 49PK / Pdt.Sus-HKI / 2018 related to Pierre Cardin's trademark dispute not in accordance with the laws and regulations especially the Trademark Law p rotection of trademarks is specifically regulated in Articles 68 and 76 Paragraph (1) of the old Trademark Law and Articles 76 and 83 Paragraph (1) of the New Trademark Law. This article facilitates trademark owners if a violation occurs against their trademark, the trademark owner can file a lawsuit to the Commercial Court or with an alternative dispute resolution. Regarding the decision, the judge has not obeyed the norms governing the mark and the judge has violated the trademark rules.

Protection of casual workers is to guarantee the basic rights of workers/laborers and guarantee equal opportunities and treatment without discrimination on any basis to realize the welfare of workers/laborers and their families while still paying attention to the development of the progress of the business world. Workers need to be protected by both employers/entrepreneurs and the state through government intervention. In accordance with the purpose of this study, the type of research used is socio-legal research. Socio -legal research , namely a research method that combines doctrinal legal research methods and empirical legal research methods. Doctrinal research is intended to conduct library research by identifying laws and regulations and collecting other data related to the problem being studied. In reality, casual daily workers who work on bobong ships owned by employers, they work without any guarantee other than a verbal agreement about the income earned every time they go to sea or given every week according to mutual agreement. Casual daily fishermen on these bobong ships do not receive social security in the form of health insurance, accident insurance or death insurance which is their right, in accordance with the laws and regulations governing the matter in question.

This paper aims to analyze and correct misconceptions about the tendency towards legal research that is prevalent in our midst, especially legal research carried out by students who will complete their studies. The approach methods used in this paper are conceptual approach, analytical approach, and theoretical approach. Legal research so far has often been interpreted similarly to social research (identical). To overcome such an understanding, the science of law must be restored to its original identity. This effort can be made by making introductory courses in legal science, legal research methods, and legal philosophy as courses as the main "spearhead" that must be strengthened in the law faculty curriculum by providing epistemological understanding as the main foundation of legal identity. Therefore, the role of the three courses is not "just" taught, but needs to be positioned as a guide that directs that law and social science are on different paths and it is impossible for social science methods to be applied in legal science. Legal science is prescriptive, meaning prescribing, advocating, or recommending something to do/not do. In short, the science of law aims to judge something. This is different from social science in general which is descriptive, just tasked with presenting and describing facts that occur in society. Ideally, good legal research is directed to examine legal norms, principles, values, theories, and concepts. Not studying social facts, as is true in the social sciences. Tulisan ini bertujuan untuk menganalisis dan meluruskan miskonsepsi kecenderungan arah penelitian hukum yang lazim mengemuka di tengah-tengah kita, khususnya penelitian hukum yang diusung oleh mahasiswa yang akan menyelesaikan studi. Metode pendekatan yang digunakan dalam tulisan ini adalah pendekatan konseptual, pendekatan analitis dan pendekatan teoretis. Peneltian hukum selama ini acap kali dimaknai serupa dengan penelitian sosial (identik). Untuk mengatasi pemahaman semacam itu, ilmu hukum harus dikembalikan ke jati dirinya yang asli. Upaya tersebut dapat dilakukan dengan menjadikan mata kuliah pengantar ilmu hukum, metode penelitian hukum, dan filsafat hukum sebagai mata kuliah sebagai “ujung tombak” utama yang harus diperkuat dalam kurikulum fakultas hukum dengan memberikan pemahaman epistemologis sebagai landasan utama jati diri ilmu hukum. Oleh karena itu, peranan ketiga mata kuliah tersebut tidak “sekadar” diajarkan, namun perlu diposisikan sebagai pemandu yang mengarahkan bahwa ilmu hukum dan imu sosial berada pada jalur yang berbeda dan tidak mungkin metode ilmu sosial diterapkan dalam ilmu hukum. Ilmu hukum bersifat preskriptif, artinya meresepkan, menganjurkan atau menyogiayakan sesuatu untuk dilakukan/tidak dilakukan. Singkatnya, ilmu hukum bertujuan untuk menilai sesuatu. Hal itu berbeda dengan ilmu sosial pada umumnya yang bersifat deskriptif, sekadar betugas menyajikan dan menggambarkan fakta-fakta yang terjadi di masyarakat. Idealnya, sebuah penelitian hukum yang baik diarahkan untuk mengkaji norma, asas, nilai, teori dan konsep hukum. Bukan mengkaji fakta-fakta sosial kemasyarakatan, sebagaimana yang berlaku dalam ilmu-ilmu sosial.

This research aims to analyze legal protection for ownership of land rights for the public interest, and this research can be useful as a reference for readers. This research uses a qualitative descriptive research method, with a type of normative legal research - empirical or literature. Sugiyono said that quantitative research is a method used to examine the condition of natural objects where the researcher is the key instrument. type of normative-empirical legal research according to Muhaimin in his book entitled: Legal Research Methods says that normative-empirical legal research is "legal research that examines law as rules or norms and the application of legal rules in practice in society". The results found are that the existence of regulations regarding land acquisition provides a legal basis for the government to obtain land for the implementation of development in the public interest and is a guarantee for land rights holders to obtain adequate compensation, thereby providing better survival at a higher level of socio-economic life. prior to land acquisition. Land acquisition for development in the public interest is a land acquisition activity carried out by the government for the construction of public facilities. Land procurement consists of planning, preparation and implementation stages which involve the regional government as the executor of land acquisition, the ministry that carries out land affairs, land rights owners and affected communities.

Children according to language are the second offspring as a result of male and female relationships. In consideration of Law No. 23 of 2002 concerning the protection of children, it is said that children are the mandate and gift of God Almighty, which is inherent in their dignity and dignity as whole human beings. The research method used is the author uses a type of Empirical Law research which is a legal research method that functions to look at the law in the real sense and examine how law works in the community. Because in this study examines people in living relationships in the community, the empirical legal research methods can be said as sociological legal research. Based on the position of decision case number 45 / Pid.Sus-Anak / 2018 / PN Lbp factors that cause children to commit crime are economic factors and are invited by friends and excessive lifestyle.

The increase in cooking oil as a staple food is certainly detrimental to consumers, especially consumers from the lower middle class, after the problem of scarcity of cooking oil occurred in Indonesia and various policies to adjust the price of cooking oil carried out by the government, provide evidence that the urgency of the price of cooking oil has an impact on society. This research aims to find out and explain the causes of the increase in cooking oil prices carried out by shop entrepreneurs in West Sabu sub-district, Sabu Raijua Regency. The research method used is that this research is included in empirical legal research, namely a legal research method that attempts to see the law in a real sense or can be said to see, examine how law works in society, which then uses a research approach, a qualitative type of approach. The research results show that legal protection for consumers can be carried out by resolving disputes in court and outside of court. Every consumer who is harmed can sue business actors through institutions tasked with resolving disputes between consumers and business actors or through courts within the general court environment and the government also plays an important role in efforts to protect consumers legally. The form of consumer protection provided is by issuing laws and government regulations, where the implementation of statutory regulations is then carried out by supervising the implementation of these regulationsto be able to socialize it to the public and there is also a need for supervision carried out by the government on business actors.

This study tries to discuss the investigation process of civil servants candidate fraud in the jurisdiction of Police Station Binjai, and how are the efforts made by the police in preventing civil servants candidate fraud. The research uses the type of empirical legal research that is a legal research method that functions to see the law in the real sense and examine how the law works in the community. Because in this study examines people in living relationships in the community, empirical legal research methods can be said as sociological legal research. Research conducted based on the study of literature namely books, laws, journals, opinions of legal experts and academics of a scientific nature relating to the problem in writing this thesis. The results obtained are civil servants candidate fraud in the jurisdiction of Police Station Binjai in accordance with procedures, which are carried out by Pro Justitia and Non Pro Justitia with the understanding that there are up to court trials and some only up to the police because between the victims and the suspect made peace and the victim withdrew his complaint so that the police and investigators stopped their investigation on the basis of a North Sumatera Police Chief Telegram letter. Police. : STR / 315 / V / 2011, May 27, 2011 concerning the handling of alternative Dispute Resolution (ADR) cases and also in accordance with the Restotative Justice Principle.

This article aims to find out and analyze investigations into criminal acts of theft with violence that resulted in the death of people and to find out and analyze the obstacles encountered and the efforts made by investigators in carrying out investigations into criminal acts of theft with violence which Resulted in the death of people at LP/15/K/VII/2018 in the Legal Area of the Pariangan Police, Tanah Datar. The problem focused on how investigators tried to overcome the obstacles encountered during the investigation on LP/15/K/VII/2018 in the Pariangan Tanah Datar Police Legal Area. In this article, what is used as a legal research method is normative-empirical, namely legal research based on legal research that not only examines the normative system of laws and regulations but also observes the reactions and interactions that occur when the normative system works or is implemented in the society under study. This article is descriptive, in which this study aims to clarify and validate the case studied. The data were obtained through document studies and direct interviews with Investigator Ipda Lian Tanjung at the Pariangan Tanah Datar Police who handled the case and were analyzed qualitatively.

The aim in this article is to determine the method of normative and empirical legal research with the typical characteristics of the methods of researching Law. The approach used qualitative methods through the study of literature. Based on the research findings and discussion, it can be concluded, first, science law (jurisprudence) and all sub-study with him in a large family study of the law, no matter how controversial as as a discipline independent and peculiar (sui generis), part from the humanities and social sciences, as well as natural science (exact) and social sciences which has had an undeniable place in the branches of science. Science of law must be recognized as having the research methods typical and unique, in terms of interest / usefulness to do a research in the field of law, both theoretical and practical, or of how to look at the science of law as a discipline prescriptive and applied, as well as from the point of view of human behavior relating to the existence of the law. Secondly, the penstudi law should realize the importance of legal research which is the authority, even advised not to leave, ie normative legal research / doctrinal, both from the point of view of the approach commom law system (statutes approach, case approach, historical approach, comparative approach and conceptual approach) as well as from the standpoint of research form the principles of law, the synchronization of legislation and others. which has been used as a handle by penstudi law in Indonesia and tend intended for academic interest. Third, the differences in conceptions, notions in the study of legal research in various law schools and high schools of law, especially for academic interest (thesis and dissertation), the main question is whether or not a uniformity is realized, or let it all by referring to the belief respective legal research on how it thinks best. Keywords: Research Methods law, Legal Normative and Empirical

This study aimed to examine the forms of sanctions for malpractice committed by doctors and hospitals in the perspective of positive Indonesian law. The method used is the normative legal research method or the library legal research method is the method or method used in legal research conducted by using existing library materials. The results showed malpractice actions carried out by doctors and hospitals have clear legal responsibilities stipulated in Act Number 29 of 2004 concerning Medical Practices. Administratively, all forms of malpractice carried out by doctors and hospitals can be threatened with imprisonment, civil, administrative sanctions, and fines. As for hospitals, they can be sentenced directly and indirectly. In the later, final stages, the final stages of court decisions made by doctors and hospitals can be carried out on license revocation.

The purpose of this study is to determine the form of construction work contracts and the legal consequences of construction work contracts that are not in accordance with the provisions of statutory regulations in the field of construction services. The legal research method used is normative legal research, which is a study of the prevailing laws and regulations which are particularly related to construction service contracts. This type of research is legal obscurity. A construction work contract is a type of formal agreement in which Law Number 2 of 2017 concerning Construction Services and its implementing regulations determines the procedures and conditions before the contract is made, including the form and content of the construction work contract, by determining the standard at a minimum, the contents of a construction service work contract that must be included in the construction work agreement by the parties. Since the construction work contract is a contract with mandatory conditions, the construction work contract is a formal agreement. This is if the construction work contract is made without paying attention to the provisions of laws and regulations in the field of construction services, both regarding the qualification requirements of a construction service provider, the procedure for selecting a service provider and the form and content of the construction service contract that has been determined by the law. As a juridical consequence, if the formal conditions are not fulfilled in a contract concerned, it is not legally enforceable or in other words it is a null and void contract (nietig, null and void).

Diploma fraud has become a serious problem with widespread repercussions, affecting not only those directly involved but also society as a whole. The consequences of such actions are highly detrimental, including undermining the integrity of the education system, damaging the reputation of educational institutions, and creating inequality in the workplace and in education. This phenomenon is not limited to individual perpetrators but also involves educational institutions or organizations that knowingly issue or facilitate the issuance of fake documents without valid legal grounds. This study aims to analyze criminal policies and legal accountability for perpetrators of diploma forgery at the primary and secondary education levels, both by individuals and educational organizations/institutions, as well as to examine the disparity between ideal legal norms (das Sollen) and their implementation in practice (das Sein). The legal research method used is normative legal research by conducting research on library materials and using a statutory approach. The results of this study conclude that the laws and regulations governing criminal acts of document forgery, particularly diplomas, are available and adequate. however, there is a significant disparity between legal norms and law enforcement practices in cases of diploma forgery, where law enforcement agencies tend to target individual perpetrators and exempt educational institutions/organizations from criminal liability as stipulated in the legislation, particularly at the primary and secondary education levels.