RESEARCH METHODS AND TRUTH-SEEKING

A PRESENTATION MADE BY GROUP 2

• Farhan Nabil Ahmad

• Nurmalela Putri
• Nurhijriati
• Nurul Ikhwani
A. THE EXISTENCE OF RESEARCH METHODS IN THE LAW SCHOOL CURRICULUM

 In 1970 the subject of research methods or research methods was included in the curriculum of the
Faculty of Law in Indonesia. The contents of the course turned out to be social research methods a
logical consequence of the acceptance of the understanding that legal science is part of social sciences.
so that until now there have been many mistakes, it should be emphasized that according to the
expression of Prof. Dr. Peter Mahmud Marzuki., S.H., M.H., LLM the object of law is law. Law is one
of the instruments of social norms in which it is full of values.
 Therefore, legal science cannot be classified into social sciences, social sciences based solely on
empirical truth. Social studies on law place law as an instrument used by society in achieving certain
goals. It is not wrong that the law is used to create social order but the law is also needed to maintain
justice and fairness. Therefore, research methods or social research methods are not appropriate for use
in legal science
B. RESEARCH FUNCTION

Epistemology comes from Episteme : Knowledge Logos: discourse or theory In Indonesian, it means theory or
discourse on knowledge relating to the nature, sources, and scope of knowledge. There are four theories of truth in
epistemology
 1. Correspondence theory of the truth
 2. Coherence theory of the truth
 3. Pragmatic Theory of the truth
 4. Semantic theory of the truth

There are 3 theories that play an important role in the research function, namely1. The theory of truth-based on
correspondence or reality. In this theory stems from the assumption that the definition of truth is something that can
be seen2. The theory of truth coherence based on what is believed in the mind. According to this theory, to say that a
statement or decision is true or false is whether the statement or decision is appropriate or not in accordance with a
system of statements or, rather, other systems of prepositions.3. A pragmatic theory of truth that based on consensus.
In this theory the truth is verified and confirmed by the results of putting a person's concept into practice.
C. SOCIAL AND LAW SCIENCE

 Salmond said "If we use the term science in its widest permissible sense as including the systematized knowledge
of any subject of intellectual inquiry, we may define jurisprudence as the science of law.”
 Webster defines the scientific method as "principles and procedures for the systematic pursuit of knowledge
involving the recognition and formulation of a problem, the collection of data through observation and
experiment, and the formulation and testing of hypotheses.“

So by the definition from Webster, scientific method can be proven by

 Recognition and formulation of a problem => the collection of data through observation and experiment =>
testing of hypotheses.
 In the hypothesis, scientists put forward two proposals that are causally related, namely the existence of a
symptom caused by a certain factor. To prove a hypothesis, empirical data is needed, this is what distinguishes
scientific and non-scientific ones.
Legal Positivism

Legal Positivism was founded on anti-metaphysical impulses. Traditional legal doctrines are considered to be shrouded
in a fog of metaphysics. Modern science, on the other hand, requires objective knowledge.
Barber, suggests that there are five disciplines that can be categorized as social sciences. Namely, economics, political
science, psychology, sociology, and anthropology.
Social sciences are the sciences related to social relations between humans, namely they interact with one another not
only physically but also on the basis of mutually agreed meanings.
D. NORMATIVE AND POSITIVITIES

 Legal science is not social science because legal science is prescriptive. However legal science is not only related
to values but also has to be implemented, thus it also cannot be classified as humanities. Legal science is a study
of law and it talks about law from all aspects.
 Legal science often mistaken as social science because we were not able to differ normative and positivists.
According to John Austin legal science is no more than positive law or the authority’s order. Because law is one of
the social norms, means that the legal norm is made by the authorities. And the orders that made by authorities is
called as positive law which makes positive same as normative.
 Etymologically norm is a behavior standard which based on principle. In norm perspective can mean that
something that is not prohibited doesn’t mean that the thing can be done. In the implementation the law which
considered as positive also has to be implemented based on norm.
 Legal research is to find the truth of coherence, namely whether there are legal rules according to legal norms and
are there norms in the form of orders or prohibitions in accordance with legal principles, and whether a person's
actions are in accordance with legal norms (not only according to legal rules) or legal principles.