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All Journal Pandecta Indonesian Journal of International Law Scientium Law Review Media Hukum Indonesia (MHI)
FX Adji Samekto
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Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Effect of Positivism in Clinical Legal Education Samekto, FX Adji
Pandecta Research Law Journal Vol 12, No 2 (2017): December
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/pandecta.v12i2.12572

Abstract

Saat ini, seiring dengan kompleksnya masalah masyarakat, karakter utama hukum modern adalah bersifat rasional. Rasionalitas dicirikan oleh sifat peraturan prosedural hukum. Prosedur, sehingga menjadi dasar hukum yang penting untuk menetapkan apa yang disebut keadilan, bahkan prosedur menjadi lebih penting daripada membicarakan keadilan itu sendiri. Pendidikan hukum, lebih cenderung menghasilkan praktisi profesional. Praktisi hukum yang dihasilkan adalah pelaku hukum yang diharapkan membuat keputusan yang salah dan mana yang benar berdasarkan ketentuan undang-undang. Tulisan ini membahas tentang hubungan metode Clinical Legal Education (CLE) dengan Alumni pendidikan hukum yang tidak hanya mengutamakan kepatuhan kepada hukum positif, namun juga tetap berpedoman pada etika dan upaya mencapai keadilan. Metode yang digunakan untuk penulisan makalah ini adalah penelitian sosio-legal dengan analisis induktif.At present, along with the complexity of the problems of people and society, the main character of modern law is a rational nature. Rationality is characterized by the nature of a procedural rule of law. Procedure, thereby becoming an important legal basis to establish what is called justice, even the procedure becomes more important than talking about justice itself. Legal education, thus more likely to produce professional practitioners. The resulting legal practitioners are legal actors who are expected to make a decision which side is wrong and what is right under the provisions of the law. This paper discusses on the relationship of CLE method to the result of the Law degree who is not only give priority to the compliance procedure as positive law, but also still guided ethics and efforts to achieve justice. The method used for writing this paper is the socio legal research with inductive analysis. Thus, the fact that occurred in the law enforcement practices will be a major premise and provide input and analysis in this paper.
ROOT PATTERNS OF THOUGHT IN LAW: A META-JURISPRUDENCE" OF PIETERSEN: A CRITIQUE AND DEVELOPMENT IN LAW Sinaga, Henry Dianto P.; Samekto, FX Adji; Emirzon, Joni
Scientium Law Review (SLR) Vol. 2 No. 1 (2023): Scientium Law Review (SLR)
Publisher : Scientia Integritas Utama

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56282/slr.v2i1.501

Abstract

The four fundamental patterns of knowledge, consisting of objectivist-idealist jurisprudence, objectivist-realist jurisprudence, subjectivist-realist jurisprudence, and subjectivist-idealist jurisprudence, are formed within the meta-paradigmatic framework proposed by Herman J. Pietersen, are still based on certain Western philosophical ideas. However, the essence of this framework is to answer the fundamental question of "how shall we live," and its meta-paradigmatic analysis is not only based on certain Western philosophies. It is concluded that the development of the various branches of law today does not only adopt these four basic patterns, as they apply very well only to legal branches such as legal naturalism and doctrinal law, legal positivism, legal expressivism, pragmatic legal realism, and CLSM. However, some legal streams related to certain philosophical and paradigmatic streams still need to be characterized by their basic knowledge patterns. Some of these legal streams include legal feminism, which is closely related to feminist philosophy, legal hermeneutics, which is closely related to hermeneutic philosophy, legal post-positivism, which is closely related to post-positivism paradigm, legal constructivism, which is closely related to constructivism paradigm, and the idea of progressive law. It is expected that in the future, there will be in-depth research on both Eastern and Western philosophical streams, which are essentially firmly related to meta-jurisprudence.
Prinsip Good Governance dan Kritik atas Rasionalitas: Diskursus Pengelolaan Tunjangan Anggota DPR RI dalam Membentuk Persepsi Keadilan Publik Jazmine, Indira; Roring, Edward Benedictus; Tholemadia, Finnova Khairullah; Simbolon, Augustha; Samekto, FX Adji
Media Hukum Indonesia (MHI) Vol 3, No 4 (2025): December
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.17333377

Abstract

This study analyzes the empowerment of members of the Indonesian House of Representatives (DPR RI) through the perspectives of constitutional law and mass psychology, highlighting its impact on public perceptions of justice. Through a framework of understanding the principles of good governance, this study assesses aspects of transparency, accountability, and participation in granting permits. Normatively, allowances should reflect public ethics and social justice, but empirically, they actually give rise to dissatisfaction and negative perceptions due to economic disparity and poor legislative performance. Using a qualitative-descriptive approach, the study finds that weak implementation of good governance principles reinforces polarization and erodes public trust, resulting in allowances being perceived as a form of injustice.
Grundnorm, Pure Theory of Law, and Monism in the Dynamics of International Law Samekto, FX Adji; Mahfud, Muh. Afif; Prabandari, Adya Paramita
Indonesian Journal of International Law
Publisher : UI Scholars Hub

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The Grundnorm is Hans Kelsen’s teaching that was integrated into his theory known as the Pure Theory of Law. The Grundnorm is the highest source of legal imperative, which is accepted by every individual human being, based on his free will to submit orders that are no longer debated because they are accepted as truth. The Grundnorm being the source of the validity of legal imperatives, it means that is the highest source of the validity of regulatory law within the scope of national and international law. This is the background of the justification of the Monism school, which is part of the teachings in the Legal-Positivism school. This paper aims to describe the relationship between The Pure Theory of Law as the basis for justifying the existence of Monism. It also seeks to answer whether Monism can still be the basis for justifying the existence of international law. The results showed that Immanuel Kant’s teaching about the developmental stages of human recognition of the universe culminated in the ratio-practical and became the source of the development of Hans Kelsen’s legal teaching on the Grundnorm. Based on Hans Kelsen’s teaching, the Grundnorm is a pre-supposed source of necessity that is formed based on free will, but it is not created through formal procedures by the state. When examined from a sociological perspective, Monism, as a doctrine in the Legal-Positivism school, presupposes the state of society that develops linearly and statically. Monism’s validity was questioned when fundamental changes occurred in state relations in the post-World War II era. These fundamental changes are further accelerated in the post-globalization era, which is based on the demand for justice in relations between states with international legal instruments.
Co-Authors Adya Paramita Prabandari Jazmine, Indira Joni Emirzon mUH. Afif Mahfud Roring, Edward Benedictus Simbolon, Augustha Sinaga, Henry Dianto P. Tholemadia, Finnova Khairullah