METODE PENELITIAN HUKUM

Summary

The video discusses the significance of legal research methods in academic studies, emphasizing its role in solving real-world legal issues. The speaker explains that legal research is a systematic and consistent process aimed at uncovering methodological truths rather than absolute truths. The discussion also covers the differences in legal research approaches across academic levels (undergraduate, master's, doctoral) and the importance of focusing on specific legal problems. The video concludes by highlighting the distinct characteristics of legal research compared to other social sciences.

Takeaways

• 📚 Legal research is an essential academic activity within legal studies across undergraduate, master's, and doctoral levels.
• 🔍 Legal research is a scientific activity aimed at finding answers to real legal issues, grounded in logical, rational thinking rather than fiction.
• 🎯 Legal research must address real and factual legal problems, focusing on events or legal occurrences that have already happened.
• ⚖️ The goal of legal research is to uncover methodologically sound truths, which are measurable and contribute to the development of legal knowledge.
• 📐 Legal research should be systematic and consistent, with a focus on a well-defined topic, problem, theories, methods, and conclusions.
• 🌍 There is a debate on whether legal research should be considered a part of social sciences or a distinct field; in Indonesia, law faculties usually stand alone as independent disciplines.
• 🏛️ Legal research is based on legal issues, which can be derived from legal norms, such as rules, principles, theories, or real-life legal situations.
• 🔗 There is a distinction between sociology of law within legal research, which focuses on legal norms, and sociology of law within social sciences, which focuses on societal behaviors.
• 📑 Different academic levels require different types of legal research: undergraduate focuses on technical legal problems, master's on conceptual issues, and doctoral on philosophical and theoretical inquiries.
• 💡 Legal research can be either applied, designing models to solve legal problems, or fundamental, focusing on theoretical and conceptual studies.

Q & A

What is the primary focus of legal research according to the speaker?

The primary focus of legal research is to scientifically seek answers to real legal problems. It is an academic activity that is methodologically driven and aimed at uncovering methodological truths rather than absolute truths.

How does the speaker differentiate legal research from other forms of academic writing?

The speaker differentiates legal research from other forms of academic writing, such as opinion pieces or book writing, by emphasizing that legal research must be based on actual legal events or realities, rather than predictions or theoretical assumptions.

Why is it important for legal research to be systematic and consistent?

It is important for legal research to be systematic and consistent because this ensures that the research is focused, logically structured, and methodologically sound. This consistency is critical for the credibility of the research, especially when it is subject to academic evaluation.

What is meant by 'methodological truth' in the context of legal research?

'Methodological truth' refers to truths that can be measured and validated through systematic and methodologically sound research processes. It contrasts with absolute or philosophical truths, focusing instead on findings that are valid within a specific methodological framework.

How does the speaker describe the relationship between legal research and legal education in Indonesia?

The speaker describes legal research as a crucial part of the legal education curriculum in Indonesia, across undergraduate, master's, and doctoral levels. It is viewed as essential for the development of legal knowledge and the cultivation of academic and professional skills in law.

What distinguishes legal research from social science research according to the speaker?

Legal research is distinguished from social science research by its specific focus on legal norms and realities. While social science research may study law from a sociological or economic perspective, legal research is primarily concerned with the law itself, including legal norms, regulations, and legal principles.

What are the two main sources of legal problems in legal research as discussed by the speaker?

The two main sources of legal problems in legal research are legal norms (such as regulations, legal principles, and court decisions) and legal realities (how law operates in society, including interactions between legal norms and societal behavior).

How does the speaker explain the concept of a 'legal event'?

A 'legal event' is described as an event that has legal consequences or involves legal rights and obligations. It can include various activities or occurrences in society that result in legal implications, such as contracts, court decisions, or other legally significant actions.

What are the key differences between research at the undergraduate, master's, and doctoral levels in legal studies?

At the undergraduate level, research focuses on solving technical legal problems. At the master's level, it addresses more complex issues, including theoretical and conceptual challenges. Doctoral research, however, delves into philosophical and deeply theoretical aspects of law, seeking to address foundational legal questions.

Why does the speaker emphasize the specificity of legal research methods?

The speaker emphasizes the specificity of legal research methods because legal research deals with unique aspects of law that require particular approaches. Unlike other social sciences, legal research must adhere to methodologies that are tailored to the distinct characteristics and complexities of legal norms and realities.