The Contribution of Empirical Research to Law

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.

Quantitative Methods in Socio-Legal Studies: A Methodology Clinic Workbook - CSLS, University of Oxford

Empirical legal research into courts and adjudication starts with a formal model of trial courts and the nature of adjudication. This article discusses empirical legal research on trial courts and adjudication and divides them into three dimensions of analysis, macro, meso, and micro, to frame the discussion of empirical legal studies into courts and adjudication, the various methods researchers use, and significant findings. Empirical research may be theoretical, pragmatic or policy oriented. A large body of research approaches the study of courts and adjudication from an organizational perspective, looking at court structures and how they affect daily operation. Examining trial court judges' approaches to their work, including adjudication, using survey research has also been undertaken in non-English speaking jurisdictions. Each type of research design has specific strengths and advantages, as well as limitations, but each contributes to advancing knowledge about the nature, role, and reality of trial courts and adjudication.

Research objectives to analyze the law of sale and purchase agreements for goods in the automotive component industry based on the Civil Code (KUH Perdata) to provide legal certainty. This study uses Empirical Legal Studies , combining normative legal research, which focuses on literature studies, legislation, and legal principles related to the law of obligations and valid agreement requirements , with empirical legal research, which includes interviews and analysis of general cooperation agreements. The novelty of this research lies in adapting and developing a specific agreement relevant to the automotive component industry , moving beyond the general provisions of Article 1457 of the Civil Code to comprehensively regulate the rights and obligations of both parties, thereby acting as a solution for legal certainty in the supply chain. Findings show that implementing a clear and specific 16-article component Sale and Purchase Agreement in PT Bonecom Tricom's transactions with its suppliers, particularly those that fulfill the requirements of Article 1320 of the Civil Code , has a significant positive impact on supplier performance. For instance, a comparison of five target suppliers in the period January–June 2024 and January–June 2025 indicated an average performance increase of 0.18 points. This indicates that clear legal stipulations effectively improve compliance and performance in quality and delivery. The concludes that the Component Sale and Purchase Agreement successfully serves as a binding legal instrument to ensure legal certainty and is a concrete measure to enhance supplier performance within the company's supply chain. Keywords: Legal Certainty; Sale and Purchase Agreement; Automotive Component; Supplier Performance; Civil Code

Empirical Legal Research in Europe: Prevalence, Obstacles, and Interventions Empirical Legal research (ELR) has become well established in the United States, whereas its popularity in Europe is debatable. This article explores the popularity of ELR in Europe. The authors carried out an empirical analysis of 78 European-based law journals, encompassing issues from 2008-2017. The findings demonstrate that a supposed increase of ELR is questionable (at best).Moreover, additional findings highlight: An increase for a few journals, with a small number of other journals showing a decrease over time; A higher percentage of empirical articles for extra-legal journals than for legal journals (average proportion per journal is 4.6 percent for legal journals, 18.9 percent for extra-legal journals); Criminal justice journals, environmental journals, and economically oriented journals being more likely to publish empirical articles than other journals; More prestigious journals being more likely to publish empirical articles than less-prestigious journals; Older journals being more likely to publish empirical work than younger journals, but not at an increasing rate; Journals being legal/extra-legal, journals in a specific field, journal ranking, or the age of the journal not making it more (or less) likely that the journal will publish empirical articles at an increasing (or decreasing) rate.Considering the lack of convincing evidence indicating an increase of ELR, we identify reasons for why ELR is seemingly becoming more popular but not resulting in more empirical research in Europe. Additionally, we explore interventions for overcoming the obstacles ELR currently faces.

This writing aims to oversee the role of the harbormaster institution in supervising the evacuation of ships, obstacles, and the efforts of the harbormaster in evacuating an aground ship. This type of legal research is divided into 2 (two), namely normative legal research and empirical or sociological legal research. The type of legal research used by researchers is empirical legal research which is based on field data. The data interview technique was carried out by researchers with interviews, namely the process of interaction and communication directly in the research location with the resource persons who will be interviewed by prospective researchers are Awareness Instation Workers. The results of the study show that talking about ships aground at sea has occurred a lot in the Batam sea where fast action is needed because of the people and the large costs available for the damage to the ship. Seeing the case above, the actions of the harbormaster when evacuating a ship that ran aground at the Batam sea were in accordance with law no 18 of 2008 concerning ships and PM 71 of 2013 concerning Salvage / Underwater Work, such as the initial action when there was a report made by VTS when the ship ran aground, when asking ship documents, ask for general documents of agents, local agents and supervision when the ship runs aground as well as supervision when the ship is taking place.How to cite item: Hidayatulloh, I., Arman, Z. (2022). Analisis hukum terhadap peran Syahbandar dalam pengawasan evakuasi kapal kandas di perairan laut. Jurnal Cakrawala Hukum, 13(1). doi:10.26905/idjch.v13i1. 7440.

Empirical Legal Research (ELR) can be defined as the systematic collection and analysis of data on legal phenomenon, in a way that is verifiable, reproducible and falsifiable. Europe is a good case to study the development of ELR, notably given the long tradition of unity in legal scholarship. Of course, this tradition is that of doctrinal scholarship but, at the turn of the 20th century, it was partially challenged by the emergence of new social sciences. Nowadays, ELR implicitly challenges the division of labour that resulted from this period, by using social science methods to grasp legal objects. It thus challenges normativist dogma and goes beyond legal realism. If there were any doubt about that, ELR can be considered “legal” research, notably because, at least in some cases, its object is purely legal. However, this does not mean that ELR answers the same questions as doctrinal approaches. Although ELR seems to be developing in Europe, some countries are lagging behind, for example France where interest in ELR has only been growing in recent years. At the European level, signs of growth are more tangible. This raises questions regarding the structuring of this field of research. This special issue aims to answer them.

Stumbling Blocks in Empirical Legal Research: Case Study Research This article examines the main assumptions and theoretical underpinnings of case study method in legal studies. It considers the importance of research design, including the crucial roles of the academic literature review, the research question and the use of rival theories to develop hypotheses and the practice of identifying the observable implications of those hypotheses. It considers the selection of data sources and modes of analysis to allow for valid analytical inferences to be drawn in respect of them. In doing so it considers, in brief, the importance of case study selection and variations such as single or multi case approaches. Finally it provides thoughts about the strengths and weaknesses associated with undertaking socio-legal and comparative legal research via a case study method, addressing frequent stumbling blocks encountered by legal researchers, as well as ways to militate them. It is written with those new to the method in mind.

Empirical Legal Research - Necessity, Not Opportunity

Replicability in Empirical Legal Research

Drawing on three family law studies as examples, this article discusses strengths and weaknesses of policy‐relevant empirical research. Its main message is that policy‐relevant empirical legal research should be encouraged, but the policy relevance of research, especially single studies, should not be oversold. It concludes with five points that consumers of policy‐relevant empirical research should keep in mind: (1) do not rest policy change or analysis on a single study, no matter how good it is; (2) when reading the report of an empirical study, look beyond the researcher's bottom line to other relationships revealed in the data; (3) no matter how unversed one is in statistics, commonsense and a close reading of tables, graphs, and methodological narratives can take one a long way; (4) always ask about mechanism: understanding why a situation exists is as important to policy analysis as knowing whether it exists; and (5) if results seem too good to be true, this is often because they are not true.

Normative and Empirical Research Methods: Their Usefulness and Relevance in the Study of Law as an Object

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 paper aims to investigate a legal challenge regarding means for the authentication of electronic evidence in Tanzania. This study is centred on a practical aspect regarding the manner electronic evidence is authenticated from acquisition to the tendering stage in trial. In Tanzania, electronic evidence has been authenticated; orally, the use of an affidavit and the use of a certificate of authenticity as if all refer to the same thing. Therefore, this study aims to critically analyse the process of authenticating electronic evidence in Tanzania and recommend a coherent, comprehensive, and contextually appropriate legal framework for its admission in courts. This study employed a mixed-methods research approach, primarily grounded in doctrinal legal research, complemented by empirical legal research have been employed. Doctrinal legal research has analysed primary sources, which are statutes and case laws, while books, journals, articles and model laws have been analysed as secondary data. On the other hand, the study has employed empirical legal research where interviews with legal practitioners, including judges, magistrates, State Attorneys, and police officers, have been conducted, which is considered a primary source of data to achieve the study. Worth noting, the study has revealed that authenticity can be proved orally. What is important to consider are; establishing a proper chain of custody (Audi Trail), encryption of evidence before it is tendered in court, using Hash functions, considering metadata and insisting on expert testimony, preferably a forensics-certified expert, for a solid legal foundation. Finally, the study has recommended the best legal framework from the Indian jurisdiction as their laws are pari materia to those of Tanzania.

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