Jenis Penelitian Hukum (Normatif Dan Empiris). @kuliahhukumpakjelly

Summary

The video explores two types of legal research: normative and empirical. Normative legal research focuses on analyzing established laws, regulations, and norms, while empirical legal research examines the real-world enforcement and application of laws in society. The speaker highlights the importance of distinguishing between these methods, emphasizing that normative research deals with theoretical aspects of law, whereas empirical research involves studying law enforcement in specific locations. The explanation includes examples like the Indonesian Environmental Protection Law, illustrating the practical use of both research methods.

Takeaways

• 😀 Normative legal research focuses on examining the norms or rules that govern behavior in society.
• 😀 This type of research studies existing legal norms, including laws, judicial decisions, and legal clauses.
• 😀 'Normative' refers to things that are related to norms, derived from the German language, meaning standards or guidelines for behavior.
• 😀 Normative legal research includes analyzing formal legal documents such as regulations and laws.
• 😀 The concept of 'peraturan perundang-undangan' (legal regulations) is different from just 'undang-undang' (laws) as it covers various levels of legal instruments.
• 😀 Normative legal research is focused on the laws at the level of undang-undang (laws) and their related components, not broader regulations.
• 😀 Empirical legal research focuses on studying the actual application and enforcement of laws in society.
• 😀 Empirical legal research often includes fieldwork to examine how laws are implemented in specific contexts or locations.
• 😀 A key part of empirical research is defining the specific 'locus' or area of study, ensuring the research is focused and feasible.
• 😀 An example of empirical research could be studying the enforcement of a specific environmental law, such as the 2009 Indonesian environmental protection law in a specific city like Medan.
• 😀 It's important to narrow down the scope of empirical legal research to make it manageable, both in terms of location and time frame.

Q & A

What is the main focus of normative legal research (Penelitian Hukum Normatif)?

Normative legal research focuses on examining existing legal norms, rules, and regulations. It studies laws in their theoretical form, including statutes, judicial decisions, and government regulations.

What are the key terms associated with normative legal research?

Key terms include 'norma' (norms), which refers to behavioral standards guided by the law, and 'perundang-undangan' (regulations), which refers to laws and regulations derived from formal legal frameworks like statutes and government decrees.

How does normative legal research differentiate between 'peraturan perundang-undangan' and 'perundang-undangan'?

The term 'peraturan perundang-undangan' refers to the entire body of legal regulations, from laws to local regulations. On the other hand, 'perundang-undangan' refers specifically to laws, such as the Constitution or statutes, making it more focused on a legal framework.

What is the primary purpose of empirical legal research (Penelitian Hukum Empiris)?

Empirical legal research focuses on studying the real-world application and enforcement of laws. It looks at how laws are implemented and followed in practice, providing insights into the effectiveness of legal systems.

Why is it important to define a specific location in empirical legal research?

Defining a specific location, like a city or region, is important because legal research across large areas like Indonesia can be overwhelming. Focusing on a manageable scope allows for more precise data collection and analysis.

What kind of data does empirical legal research typically focus on?

Empirical legal research typically focuses on data collected from real-life settings, such as surveys, interviews, or case studies, to observe how laws are applied and enforced within a specific context.

How does normative legal research help in understanding legal systems?

Normative legal research helps in understanding legal systems by analyzing the formal rules, regulations, and norms that govern behavior. It provides a theoretical foundation for how laws should be interpreted and applied.

What is the significance of studying court decisions in normative legal research?

Studying court decisions is significant because they reflect the application and interpretation of laws in specific cases. These decisions help clarify how legal norms are applied in practice and set precedents for future cases.

What challenges might arise when conducting empirical legal research on a national scale, such as in Indonesia?

One challenge is the vast geographical scope of a country like Indonesia, which makes it difficult to generalize findings. Researchers must focus on smaller, more specific regions to conduct meaningful and manageable studies.

Can normative and empirical legal research be combined, and if so, how?

Yes, normative and empirical legal research can be combined. For example, a researcher might study legal norms through normative research and then analyze how those norms are implemented and enforced in practice through empirical research, creating a comprehensive understanding of the legal system.