scholarly journals Modernizing Legal Research Methodology in Conditions of the Formation of a New Scientific Rationality

2021 ◽  
Vol 8 (8) ◽  
pp. 1-1
Author(s):  
Dmitriy Pashentsev
Keyword(s):  
Research Methodology ◽  
Legal Research ◽  
Scientific Rationality

scholarly journals THE EVALUATION OF SURROGACY’S LEGAL SYSTEM IN INDONESIA AS COMPARISON TO INDIA’S LEGISLATION

2019 ◽  
Vol 4 (2) ◽  
pp. 167
Author(s):  
Mega Dewi Ambarwati ◽  
Ghina Azmita Kamila
Keyword(s):  
Legal System ◽  
Research Methodology ◽  
Functional Method ◽  
Scientific Field ◽  
Legal Certainty ◽  
Legal Research ◽  
Surrogate Mother

Nowadays, in marriage life, spouse often dealing with big problem as like infertility which make them unable to have offspring. However, due to infertility, the spouse has obtained some efforts to solve their problems. One way to solve the problem is by obtaining surrogacy with the help of surrogate mother. Nevertheless, in Indonesia, especially, surrogacy as well as surrogate mother is still considered to be taboo things and no legal system which regulate the surrogacy and/or surrogate mother. Yet other countries have allowed or legalize the surrogacy practice as well as surrogate mother. Hence, this study aimed to reveal a comparison of legal system on surrogate mother and surrogacy law in Indonesia and India. This study used comparative legal research methodology through the functional method since Indonesia has the same function over the purpose of law establishment on the surrogate mother in India. The result reveals that it needs a legal system on surrogacy and surrogate mother as the legal certainty for any individual especially spouse who could not have offspring along with some reasons such as minimalize prostitution and unregistered marriage, prevent dispute, and to develop scientific field.

scholarly journals THE APPOINTMENT OF MEMBERS TO THE SHARIAH ADVISORY COUNCIL OF CENTRAL BANK OF MALAYSIA: LEGAL ISSUES

2017 ◽  
Author(s):  
Mohammad Azam Hussain ◽  
Rusni Hassan ◽  
Alias Azhar ◽  
Aznan Hasan
Keyword(s):  
Central Bank ◽  
Research Methodology ◽  
Analytical Method ◽  
Islamic Law ◽  
Legal Issues ◽  
Advisory Council ◽  
Islamic Finance ◽  
Legal Research ◽  
Statutory Requirement ◽  
The Future

Abstract: In Malaysia, the appointment of members to the Shariah Advisory Council (SAC) of the Central  Bank  of Malaysia (CBM) is prescribed by the Central Bank of Malaysia Act 2009 (Act 701). The Act stipulates the provisions pertaining to the eligible persons to be appointed to the SAC, procedures, terms and conditions of appointment and also remuneration and allowances for the members of the SAC. In this regard, the question arises whether the prescribed provisions are sufficient to regulate the appointment of members to the SAC and free from any shortcomings. Hence, this study sought to analyse the existing legislations governing the appointment of members to the SAC and to analyse the legal issues arising from the existing legislations. By using legal research methodology, this article analysed the entire provisions dealing with the appointment matter. Based on the data collected from statutes passed by the Parliament of and Malaysia published materials, the analytical method was used by scrutinizing the related provisions of the law pertaining to the appointment of members to the SAC. This study found that, several loopholes  exist  in  the  statutory requirement of the existing law which needs to be addressed by the respective authoritative body in order to avoid any legal conflict in the future. Hence this study is significant in order to strengthen the existing legislation governing the SAC especially related the appointment process.   Keywords: Shariah advisory council, Shariah advisor, Islamic finance, Islamic law, Central Bank of Malaysia Act 2009.   Abstrak: Di Malaysia, pelantikan anggota Majlis Penasihat Shariah (MPS) Bank Negara Malaysia (BNM) ditetapkan oleh Akta Bank Negara Malaysia 2009 (Akta 701). Akta menetapkan peruntukan-peruntukan berkaitan orang yang layak untuk dilantik menganggotai MPS, prosedur, terma dan syarat-syarat perlantikan dan juga saraan dan elaun anggota-anggota MPS. Dalam hal ini, persoalan timbul sama ada peruntukan yang ditetapkan memadai untuk mengawal selia pelantikan anggota MPS dan bebas daripada sebarang kekurangan. Kajian ini bertujuan untuk menganalisis undang-undang sedia ada yang mentadbir pelantikan anggota MPS dan untuk menganalisis isu-isu undang-undang yang timbul daripada undang-undang sedia ada. Dengan menggunakan metodologi penyelidikan undang-undang, artikel ini menganalisis keseluruhan peruntukan yang berkaitan urusan pelantikan anggota MPS. Berdasarkan data yang telah kumpul daripada statut-statut yang diluluskan oleh Parlimen Malaysia, kaedah analisis telah digunakan dengan meneliti peruntukan-peruntukan undang-undang yang berkaitan pelantikan anggota MPS. Kajian ini mendapati bahawa, beberapa kelemahan wujud dalam kehendak statut dalam undang-undang sedia ada yang perlu diberi perhatian oleh pihak berkuasa yang berkaitan dalam usaha mengelak daripada berlaku sebarang konflik undang-undang pada masa hadapan. Oleh itu, kajian ini adalah sangat penting untuk mengukuhkan undang- undang sedia ada yang mengawal selia MPS terutamanya berkaitan proses pelantikan.   Kata kunci: Majlis Penasihat Shariah, Penasihat Shariah, Kewangan Islam, Undang-undang Islam, Akta Bank Negara Malaysia 2009.

scholarly journals Defining and Describing What We Do: Doctrinal Legal Research

2012 ◽  
Vol 17 (1) ◽  
pp. 83 ◽  
Author(s):  
Terry Hutchinson ◽  
Nigel Duncan
Keyword(s):  
Research Methodology ◽  
Research Method ◽  
Common Law ◽  
Legal Research ◽  
Interdisciplinary Work ◽  
Applied Logic ◽  
The Core ◽  
The Past ◽  
Grant Applications ◽  
The Common

The practitioner lawyer of the past had little need to reflect on process. The doctrinal research methodology developed intuitively within the common law — a research method at the core of practice. There was no need to justify or classify it within a broader research framework. Modern academic lawyers are facing a different situation. At a time when competition for limited research funds is becoming more intense, and in which interdisciplinary work is highly valued and non-lawyers are involved in the assessment of grant applications, lawyer-applicants who engage in doctrinal research need to be able to explain their methodology more clearly. Doctrinal scholars need to be more open and articulate about their methods. These methods may be different in different contexts. This paper examines the doctrinal method used in legal research and its place in recent research dialogue. Some commentators are of the view that the doctrinal method is simply scholarship rather than a separate research methodology. Richard Posner even suggests that law is ‘not a field with a distinct methodology, but an amalgam of applied logic, rhetoric, economics and familiarity with a specialized vocabulary and a particular body of texts, practices, and institutions ...’.1 Therefore, academic lawyers are beginning to realise that the doctrinal research methodology needs clarification for those outside the legal profession and that a discussion about the standing and place of doctrinal research compared to other methodologies is required.

scholarly journals REFORMULATION OF CRIMINAL LIABILITY CONCEPT IN CRIMINAL ACT OF CORRUPTION IN INDONESIA BASED ON PANCASILA

2017 ◽  
Vol 1 (1) ◽  
pp. 19-28
Author(s):  
HERLAMBANG HERLAMBANG
Keyword(s):  
Research Methodology ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Current Concept ◽  
Individual Responsibility ◽  
Legal Research ◽  
Adat Law

AbstractThe successful action of eradicating corruption in Indonesia is influenced by the accuracy of formulating the Criminal liability concept of corruptors. Accuracy is needed in determining corruptor to convict those who take part in corruption cases so they can be responsible for their corruptions and be punished according to the regulation applied. This study used an empirical legal research methodology, composing into an article from several research reports. The current concept of criminal liability seems inadequate to arrest the doer that takes part in corruption which has been executed for his criminal responsibility. This indicates the discrimination in sentencing the corruptors. Different from regulation to charge doer in general crimes, a corruptor is charged based on the concept of individual responsibility, thus it is necessary to propose another responsibility which is developed based on Adat Law such as collectivity principle of responsibility

scholarly journals Challenging Issues of Exercising of Rights to Publication of Scientific Articles by Authors

2021 ◽  
Vol 3 ◽  
pp. 11-16
Author(s):  
Vladimir A. Vinokurov ◽  
Keyword(s):  
Research Methodology ◽  
Reporting System ◽  
Practical Significance ◽  
Publication Ethics ◽  
Scientific Journals ◽  
Legal Research ◽  
Scientific Publications ◽  
Systematic Analysis ◽  
Constitutional Right ◽  
Publishing Ethics

Purpose. Through the prism of the constitutional right of a person and a citizen to freedom of creativity, to identify and consider the problems that arise for authors of works when submitting articles to peer-reviewed scientific publications. To analyze the existing rules used by the editors of scientific publications, including claims arising out of the use of the reporting system ‘anti-Plagiarism’, the problems arising from reviews of specialists, especially at the intersection of science, as well as to evaluate the practice of bounce editors of scientific journals authors in the publications on legitimate grounds contrary, including the principles of publishing ethics, reflected in the recommendations of the Committee on publication ethics (COPE). The research methodology is based on the method of systematic analysis of legislation and existing practice, as well as on dialectical, logical, and formal-legal research methods. Conclusions. As a result of the research, the problems of the author’s dependence on illegal and sometimes illegal requirements that violate his rights when publishing articles in peer-reviewed scientific publications are revealed. The scientific and practical significance of the article lies in the formulated conclusions and proposals that will contribute to the realization of the author’s right to publish his work while fulfilling the fair and legitimate requirements imposed by the editorial offices on scientific works.

Crime or Human Right?

2022 ◽  
pp. 69-88
Author(s):  
Augustine Edobor Arimoro
Keyword(s):  
Human Rights ◽  
Sexual Activity ◽  
Cultural Values ◽  
Research Methodology ◽  
The Other ◽  
Cultural Issues ◽  
Same Sex ◽  
Legal Research ◽  
Human Right ◽  
Sexual Conduct

To the Nigerian state, consensual sexual activity among persons of the same sex is against the order of nature and must be punished as a crime. On the other hand, to persons who engage in sexual activity with persons of the same gender and to rights' activists, the act is a right, like any other, which should be respected and protected. This chapter examines the cultural issues, the human rights angle, and the future of the criminalization of same-sex sexual conduct conundrum in Nigeria. Using the doctrinal method of legal research methodology, the chapter reviews laws criminalizing homosexuality in Nigeria in juxtaposition with human rights provisions both in the international and domestic context in search of a solution to the problem. Accordingly, it is recommended that while the law should protect cultural values, human rights are sacrosanct and must not be sacrificed.

scholarly journals LEGAL RESEARCH METHODOLOGY: DEFINITION, STRUCTURE, PHILOSOPHICAL AND ATTITUDINAL FRAMEWORK

2021 ◽  
Vol 1 (2) ◽  
Author(s):  
Sergey K. Bostan ◽  
Keyword(s):  
Research Methodology ◽  
Academic Disciplines ◽  
Scientific Thinking ◽  
Legal Research ◽  
Intrinsic Structure ◽  
Basic Principles ◽  
Scientific Paradigm ◽  
History Of ◽  
Cognitive Principles ◽  
To Receive

The article deals with the author�s perception of legal research methodology as multilayered, integral system of various methods which contribute to in-depth knowledge of essential, meaningful and formal features of law. The author defined its structure that consists of two levels (blocks) of methodological knowledge: philosophical and instrumental ones. The paper concentrates on philosophical and attitudinal level of methodological knowledge that has intrinsic structure: dominating perspective, scientific paradigm, style of scientific thinking and understanding. Dominating ideology is analyzed as the holistic set of prevailing values of people�s educational and practical activities. There are such kinds of perspective in the history of human civilization: mythological, theological and scientific. The scientific one is considered to be the dominating perspective nowadays. The focus of the study is on the style of scientific thinking as the way of cognitive position, formed by the research communities on the basis of historically entrenched, attitudinal, epistemological and logical standards. Its content is defined by scientific paradigm and technology-oriented research. The phenomenon manifests itself on different levels: philosophy of science in general, in particular sciences and even academic disciplines. As it is shown in the research scientific paradigm is the significant conception used by the research community as the basis for solving of some science-based tasks. In the branch of legal science�s paradigm is defined by different kinds of understanding of law. The main paradigms in legal sciences are the positivist and sociological ones. While the positivist paradigm is based on assimilation of the law and statute (acts of law), the sociological paradigm is based on their distinguishing. In some branches of legal sciences, there are more specific paradigms: human-oriented, humanistic, etc. The importance of basic principles of scientific cognition is highlighted as the common attitudinal regulations which foster the subject to receive objective knowledge. Among them are mentioned: principle of historism which requires definite, historically entrenched procedure for considering events; principle of objectivity which presupposes completely unbiased approach of facts selection; principle of social humanism which involves evaluation of legal phenomena in the universal value-centered light. The article demonstrates the methodological importance of philosophical and ideology level that lies in the opportunity to define conceptual way of legal research on the basis of scientific perspective, pluralistic style of thinking, appropriate paradigm of law and such cognitive principles as historism, objectivity and social humanism.

scholarly journals Problematika Konsep Diskresi dalam Penyelenggaraan Administrasi Pemerintahan pasca Undang-Undang Cipta Kerja

2021 ◽  
Vol 1 (1) ◽  
pp. 11-20
Author(s):  
Nurmayani Nurmayani ◽  
◽  
Mery Farida ◽  
Keyword(s):  
Research Methodology ◽  
Job Creation ◽  
Problem Formulation ◽  
Government Officials ◽  
Legal Research ◽  
Conceptual Approach ◽  
Employment Creation ◽  
Government Administration ◽  
Previous Definition ◽  
Freedom Of Action

Abstract Purpose: The enactment of Law No. 11 of 2020 on Job Creation has modified several provisions governing government administration, one of which concerns discretion. Discretion, defined as the freedom of action of government officials when acting or making decisions, is redefined in the Job Creation Law, as the previous definition was deemed to obstruct investment by defining discretion as limited discretion. The community criticizes discretion, but the Job Creation Law's discretion is due to the numerous problems associated with this concept. Research Methodology: The study's problem formulation is as follows: How is the concept of discretion applied to government administration following the Job Creation Act? What issues arise as a result of the Job Creation Act's change in the concept of discretion? This legal research employs a normative juridical research methodology that combines a statutory and conceptual approach to map the concept of discretion in the Law on Job Creation and the resulting problems. Results: The Employment Creation Act expanded the concept of discretion by eliminating discretionary requirements that are inconsistent with applicable laws and regulations, resulting in several issues, including the possibility of issuing unconstitutional discretion, discretion that is inconsistent with the AUPB, and a concept of discretion that is too broad, disproportionate to the supervision of discretionary officials.

scholarly journals Methodology of legal phenomenon research: concept, structure, tools

2020 ◽  
pp. 54-58
Author(s):  
Vasyl Kopcha
Keyword(s):  
Research Methods ◽  
Research Methodology ◽  
Legal Aspect ◽  
Legal Research ◽  
Main Research ◽  
Social Audit ◽  
Interdisciplinary Approaches ◽  
The Social ◽  
Research Concept ◽  
Systematic Understanding

This article is aimed at exploring the methodology of the legal phenomenon. Particular attention was paid to such aspects as clarifying the main approaches to understanding the methodology and how it relates to the research methodology; study of the scope and structure of the concept of methodology; outlining the main research methods. The author draws conclusions from the results of the study. First, the methodology for the study of legal phenomena needs to be updated based on a change in the legal paradigm associated with the understanding of law (relation to the state and its functions) and the formation of legal reality at the beginning of the 21st century both at national and international level. the legal aspect. Secondly, the current methodology of legal research continues to be in the co-ordinates of an important dilemma regarding the correlation of "purely" legal research methods and so-called "interdisciplinary" approaches. Third, the methodological tools (specific research methods) of legal science remain inexhaustible in content and, in particular, in the possible combinations of their application to achieve a cognitive result. The extension of their catalog is influenced by the development of jurisprudence and other sciences, their epistemological components, and the processes of globalization and internationalization of legal life. Concerning the optimal research methodology (as opposed to its methodology), it should be noted that in the course of legal research the algorithm of actions is as follows: 1) selection of the research coordination center; 2) literature review; 3) hypothesis formulation; 4) research design; 5) data collection; 6) data analysis; 7) interpretation of data; report. Of course, it should be borne in mind that law is not in a vacuum, it operates in a complex social context. It reflects and controls attitudes and behaviors. However, as these rules are also temporal and spatial, that is, they change with time and space, it is desirable that law can adapt and be dynamic to cope with change. Important is the social audit of law (law) in order to identify the distance between the legal ideal and social reality, as well as to find out the reasons that led them. After all, legal research is a systematic understanding of law in order to improve it and, given that law operates in society, in the process they influence one another.

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