NORMATIVE LEGAL RESEARCH

BY:
FARHANAH AZ-ZAHROWANI NABILA (17210111)
AHMADA RIVQY VIRDAUSA (17210170)

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Definition of Normative Legal Research
Soerjono Soekanto and Sri Mamudji define normative legal research,
is legal research carried out by examining mere literature or
secondary data.

Uses normative case studies in the form of legal behavior products,

for example studying the law (regulations). The subject of the study
is the law which is conceptualized as a norm or rule that applies in
society and serves as a reference for everyone's behavior. So that
normative legal research focuses on an inventory of positive law,
principles and doctrines of law, legal discovery in concreto cases,
legal systematics, synchronization levels, legal comparisons, and
legal history.
Normative legal research is also called library law
research, theoretical/dogmatic legal research
Types of Normative Legal Research Types

1 Research on legal principles

2 Research on legal systematics

Research on the level of legal

3 synchronization

4 Legal history research

5 Legal comparative research

Sources of Data in Normative Legal Research

The data source is where the data is obtained. Data sources in

normative legal research are only obtained from secondary data
sources. Secondary data sources, namely data obtained from
literature that has to do with the object of research.

The source of normative legal research

data is only secondary data, which consists
of primary legal materials; secondary legal
material; or tertiary data.
 Primary legal materials
Namely binding legal materials. Primary legal material according to Peter Mahmud Marzuki is an
authoritative legal material, meaning that it has authority. Primary legal materials consist of
legislation, official records or minutes in the making of legislation and judges' decisions that
consist of:

Basic norms or Basic rules Laws and Uncodified Jurisprudence

rules, namely the Regulations: legal material,
•The body of the
Preamble of the • Equal laws and regulations such as
1945 constitution
1945 Constitution • Government regulations customary law
• The provisions of and similar regulations
the people's • Presidential decisions and
deliberative similar regulations
• Ministerial decrees and
assembly
similar regulations
• Regional regulations
 Secondary legal materials

Namely materials that explain primary legal materials, such as draft

laws, research results, or the opinion of legal experts. Secondary
legal material in the form of all legal publications which are not
official documents. Publications on law include textbooks, legal
dictionaries, legal journals, and comments on court decisions.
 Tertiary legal materials

Tertiary legal materials, namely materials that provide instructions

and explanations for primary and secondary legal materials, for
example, legal dictionaries, encyclopedias, cumulative indexes,
and so on.
Approaches in Normative Legal Research
The approach is defined as an effort in
the context of research activities to
Comparative approach
establish relationships with the
investigated or methods to achieve an Historical approach Conceptual
understanding of the research problem. approach
Peter Mahmud Marzuki classifies
approaches in normative legal research
into 5 (five) approaches, consisting of:
Case approach

Statute approach
Statute approach

The law approach is carried out by examining all laws and

regulations relating to the legal issues being addressed.

This approach to the law will open up opportunities for researchers

to learn whether there are consistency and suitability between a
law with other laws or between laws with the Constitution or
regulations and laws. The results of the study are an argument for
solving the issue.

For academic activities, researchers need to find a legis ratio and

ontological basis for the birth of the law. By studying the legis ratio
and the ontological basis of a law, the researcher can uncover the
philosophical content that is behind the law.
 Case approach

The case approach is carried out by examining cases related to the issue
at hand and has become a decision that has permanent legal force. This
case can be a case that occurred in Indonesia or other countries.

The main study in the case approach is the ratio of decidendi or

reasoning, which is the consideration of the court to arrive at a decision.

Practically or academically, the case approach has used in examining the

decidendi or reasoning ratios as a reference for the preparation of
arguments in solving legal issues.
Historical approach

The historical approach is carried out by examining the

background of what is learned and the development of
regulations regarding the legal issues at hand.

Such a study is needed by researchers to uncover the

philosophies and mindsets that give birth to something that
is being studied.
Comparative Approach

The comparative approach is carried out by comparing the laws of one

country, with the laws of one or more other countries regarding the same
thing. Besides, it can also be compared in court decisions in several
countries for the same case.

The purpose of this approach is to obtain similarities and differences

between these laws.

This is to answer the legal issues between the provisions of the law and
the philosophy that gave birth to the law. Thus, the comparison,
researchers will get a picture of the consistency between philosophy and
law in several countries.
Conceptual Approach

The conceptual approach moves from the views and doctrines that
develop in the science of law.

By studying the views and doctrines in the science of law,

researchers will find ideas that give birth to legal understandings,
legal concepts, and legal principles relevant to the issue at hand.

Understanding of these views and doctrines is the basis for

researchers in developing a legal argument in solving the issues at
hand
 Data Collection
in Normative Legal Research

Data Collection Methods in Normative Legal a) library study,

Research Data collection in normative legal b) documents,
research there are 3 (three) types of secondary c) archive studies
data collection methods, namely:

Data needed in normative legal research is secondary data. According to Abdul Kadir
Muhammad, secondary data can be distinguished between legal materials, namely:

a) Which comes from the law, namely legislation, legal documents, court decisions, legal
reports, and legal records,
b) Which comes from legal science, namely the teachings or doctrines of law, legal theories,
legal opinions, legal reviews.
Analysis Data
in Normative Legal Research

Data or material obtained, both primary legal data/material

and secondary legal data/material can be processed and
analyzed qualitatively and/or quantitatively.

Data analysis used in normative legal research is qualitative

analysis, namely data analysis by describing quality data in
the form of regular, concise, logical, non-overlapping, and
effective sentences, to facilitate data interpretation and
understanding of the results of the analysis.

In other words, qualitative analysis is a way of analyzing data

sourced from legal materials based on concepts, theories,
legislation, doctrines, legal principles, expert opinions or the
views of researchers themselves.
Thank
You! 