The challenges of teaching comparative law and socio-legal studies at Indonesia's law schools

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Abstract

This article addresses the role of legal research methodologies in the development of legal science and the creation of social change in Indonesia. Based on fieldwork conducted at Indonesian law schools between 2014 and 2016, this article reveals that legal research methods taught in Indonesia are starkly divided into normative-juridical and empirical-juridical approaches. Misunderstandings between adherents of these different schools of thought pose significant obstacles to the development of interdisciplinary approaches to law that span or go beyond the divide. Methodological conflicts resulting in the absence of socio-legal approaches in Indonesian law schools, coupled with outdated and limited source materials, limit the study of comparative law in Indonesia to the mere comparison of statutes and rules shorn of socio-political context. They also fail to instill awareness of the importance of considering social - on top of legal - impact in the context of Indonesia's complex and pluralist legal system.

Original languageEnglish
Pages (from-to)S229-S244
JournalAsian Journal of Comparative Law
DOIs
Publication statusAccepted/In press - 2019

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