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All Journal Jurnal Media Hukum Jurnal Suara Hukum
Halim, Yoefanca
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Law, Crime, Criminology & Criminal Justice

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Transformative-Participatory Legal Research Method for Harmonizing The Existence of The Living Law in Indonesia Halim, Yoefanca; Sudewo, Fricky; Justian, Jestin
Jurnal Media Hukum Vol 26, No 2, December 2019
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.20190130

Abstract

The most common research which conducted in Indonesia is a doctrinal research, based on the deductive approach. Theoretically, all provisions have noble goals, but in practice there are several difficulties in term of implementation, especially related to existence of living law. Therefore, appropriate legal-research method is needed to counter the polemic, namely the use of transformative-participatory legal research method. The article aims to explore how to harmonize the living law with transformative-participatory legal research methods. The method uses in the study is the normative legal research method. The research found that through the transformative-participatory legal research, legal researchers would still accommodate the essence of legal analysis founded in conventional methods, but it will not be confined by those methods.  The living law is the essence in society and based on transformative-participatory research method, the law-making process needs a community participation and empowerment.
Keabsahan Putusan Pengadilan yang Belum Inkracht sebagai Novum dalam Pengajuan Peninjauan Kembali Halim, Yoefanca; Salim, Hardy
Jurnal Suara Hukum Vol 2, No 1 (2020)
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/jsh.v2n1.p86-104

Abstract

A judicial institution is called good, not only if the process is honest, clean, and impartial. But in addition there are more criteria that must be met, namely principles that are open, corrective, and recordive. In this criterion, one side that deserves the attention of judicial management is the existence of a good legal remedial system as part of the principle of fairness and trial independence which are universally recognized principles. The broadest opportunity to submit corrections and recordings of decisions that have permanent legal force (inkracht) deemed unfair by justice seekers can be done through a Judicial Review. However, the Judicial Review is very limitative, one of them with the requirement for novum. But the regulation of conditions can be said to be a condition as a novum not strictly regulated. Seeing this raises a problem about, "What is the validity of a court decision that has not been inkracht as a novum in submitting a review?". The method used in this study is a normative or juridical legal research method.
Co-Authors Justian, Jestin Salim, Hardy Sudewo, Fricky