Mengenal Metode Penelitian Hukum

Summary

In this video, the speaker introduces the 'Legal Research Methodology' course, highlighting its importance for law students in learning how to conduct meaningful legal research. The course emphasizes understanding legal problems, identifying areas of interest in law, and applying appropriate research methods. The speaker encourages students to actively engage in their research, distinguishing between legal issues that contribute to the development of the field and those that do not. The ultimate goal is to foster independence and equip students with the tools to generate valuable contributions to legal knowledge.

Takeaways

• 😀 The course on Legal Research Methods is designed to help law students understand and apply research techniques specific to the legal field.
• 😀 The difference between 'method' and 'methodology' is clarified: 'method' refers to research techniques, while 'methodology' refers to the study of those techniques.
• 😀 Legal research is an essential skill that allows students to contribute to the development of legal knowledge, not just consume it.
• 😀 The course provides students with the tools to produce their own legal research and potentially contribute new insights or developments to legal scholarship.
• 😀 Students are encouraged to identify research topics based on real-world legal problems, emphasizing the importance of practical application in research.
• 😀 The course includes both theoretical and practical components, allowing students to learn how to conduct research, from formulating research questions to analyzing legal issues.
• 😀 It's important to distinguish between legal problems ('masalah hukum') and non-legal problems, as only the former is suitable for legal research.
• 😀 Students should begin thinking about their area of interest in law, whether it's criminal law, civil law, or another field, as this will influence their research focus and methods.
• 😀 The research methods taught in the course will prepare students to write a thesis (skripsi), a key requirement for obtaining a law degree.
• 😀 Legal research can involve either developing existing ideas or proposing new concepts (novelty), with both approaches being valuable for advancing legal knowledge.
• 😀 The speaker stresses that students must take ownership of their legal education, becoming independent researchers who produce original work rather than merely consuming the work of others.

Q & A

What is the main focus of the course 'Metode Penelitian Hukum' (Legal Research Methodology)?

The main focus of the course is to teach students the methods and techniques of conducting legal research. It aims to equip students with the tools they need to produce scholarly legal work, such as theses, by helping them understand how to identify legal issues and apply appropriate research methods.

How does the lecturer differentiate between 'metode penelitian hukum' and 'metodologi penelitian hukum'?

'Metode penelitian hukum' refers to the specific methods used in legal research, while 'metodologi penelitian hukum' refers to the broader study of these methods and their theoretical foundations. However, the lecturer emphasizes that both terms essentially refer to the same subject matter in this context.

Why is it important to understand the methods of legal research in this course?

Understanding the methods of legal research is crucial because it allows students to engage critically with legal issues and contribute to the development of legal knowledge. By learning these methods, students can transition from being consumers of legal information to producers of new insights and research.

What role do legal research methods play in a student's progression toward becoming a legal scholar?

Legal research methods serve as the foundational tools that help students carry out independent research. By mastering these methods, students are able to produce academic work, such as theses, that contribute to the field of law, whether by introducing new findings or developing existing legal knowledge.

What is the significance of distinguishing between legal problems ('permasalahan hukum') and non-legal problems in legal research?

The distinction is important because only legal problems, which have legal consequences, should be chosen as research topics. Non-legal problems do not generate legal outcomes and therefore are not suitable for legal research. Identifying significant legal issues ensures that the research has a meaningful impact on the development of legal scholarship.

How does the speaker define 'permasalahan hukum' (legal problem)?

A legal problem is defined as an issue that generates legal consequences, meaning it involves rights, obligations, or legal outcomes. These are the kinds of issues that are suitable for legal research.

What is the main advice given to students regarding the choice of research topics in legal research?

Students are advised to choose research topics that are significant and impactful, particularly those that can contribute to the development of legal knowledge. They should avoid trivial or non-consequential issues that do not have a meaningful effect on the field of law.

What does the speaker say about the role of 'novelty' in legal research?

The speaker explains that novelty in legal research can either come from discovering something entirely new or from developing existing knowledge. Both approaches are valuable, but students should aim to contribute something meaningful to the field, whether by introducing new insights or expanding on existing research.

How does the speaker suggest students prepare for writing their thesis or dissertation in the context of legal research?

The speaker encourages students to begin thinking about their area of specialization within law and to familiarize themselves with research methods. They should start identifying potential legal issues that could be researched for their thesis, ensuring that these topics are significant and related to their area of interest.

What is the overall message of the lecture regarding legal research methodology?

The overall message is that legal research methodology is essential for law students to develop the skills needed to contribute to the field of law. By mastering research methods, students can become independent scholars who generate new knowledge rather than just consuming existing work.