Types of Legal Research, Types of Data, Approaches, and Data Collection Method PDF

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Summary

The lecture note talks about the types of legal research, including the normative and empirical, types of data, approaches to research methodology, and the data collection method available in doing a research.

Lecturer: Dr. Rikardo Simarmata, S.H.
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Description

Monday, 13 March 2017

Ty p e s of Legal Research, Types of Data, Approaches, and Data Collection Method Types!

- Remember two aspects or faces of law?!

• Two aspects result in two legal research method namely:!

- Normative legal research (what is written in the law)!

- Empirical legal research (how the law is implemented or enforced)!

- Those two research methods tend to be mono-disciplinary. Socio-legal research as solution which applies multidisciplinary or interdisciplinary method.!

- Focusing to search how law actually works or functions, how legal officials behave, etc.!

- The way (method, process, strategy) the legal officials implement or enforce the laws!

- The extent to which the affected groups comply or not comply with the laws.!

- Normative Data Collection Methods includes 1. Interview, 2. Survey, 3. Observation, 4. Library Research (document collection)!

- For Empirical Data Collection Methods, it only uses Library Research.!

- Normative and Empirical methods can be used together.!

Types of Data!

- Social/Empirical Data → any data Normative Legal Research!

- The main or the only data in this research is legal data, found in authoritative texts.!

- Authoritative text: (i) laws, regulations; (ii) case-law and (iii) official minutes of meeting (risalah)!

- The data do not come from the

which are not legal data!

- Legal Data! - From methods of collection! • Primary Data → data that you collect yourself!

• Secondary Data → using others’ data (e.g. library)!

interview--just library research!

Approaches! Empirical Legal Research!

- The data comes from non-legal data or social data!

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1. Statute Approach → legislation and regulation (jangan pake case law or jurisprudence)!

Monday, 13 March 2017 2. Case Approach → Ratio decidendi: legal arguments used by judges to make a conclusion (not from the legislation) !

• You have to describe the: ! - Case position! • Argument by judge → verdict/amar putusan (can refer the whole court decision atau the last decision! 3. Historical Approach → changes to legal institutions and legal rules and philosophical basis! 4. Comparative Approach:!

• Comparing legal system of different state (a.k.a. comparing different countries); !

• Comparison of rules enacted in different period (comparing a legal system within a state between periods) ! 5. Conceptual Approach → There is not yet legal rules for the topic research. Example: public interest (e.g. LGBT)!

Data Collection Method! 1. Quantitative → Document Collection (things to note: having a list of documents you need; places where you can get the documents. Links/network --insider??-- is also important), Survey, Interview! 2. Qualitative → Document Collection, Interview, Observation!

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- Data collection methods depend with the Research Question!

- Requirements for interview to be a secondary legal source:!

• Interview guidance! • The results of the interview has to be in written form!

• The interviewee has to be a lawyer (person who knows about the law/ ahli hukum) or person who made the law or the implement the law...