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All Journal AHKAM : Jurnal Hukum Islam dan Humaniora
Syafithri, Firda Nisa
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Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Empirisme dan Fenomenologis dalam Perspektif Filsafat Hukum Naturalism Syafithri, Firda Nisa; Rahman, Fakhri Aulia; Piansah, Aip; Firmansyah, Diki
AHKAM Vol 2 No 2 (2023): JUNI
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v2i2.1100

Abstract

Legal thought is characterized by the development of legal philosophy schools of thought. The emergence of a legal school was a response or criticism of the previous legal school, or it emerged as a response to the social development of society at that time. Currents that emerge and develop in the realm of legal thought include natural law, legal positivism (pure legal theory), utilitarianism, legal realism, American sociological jurisprudence, and schools of history. The entire history of legal philosophy makes it clear that the real problem in the field of legal philosophy is none other than this problem: what is natural law? From the beginning, natural law has been the subject of legal philosophy and until today this problem always reappears in people's minds. The research method that the writer uses in this research is descriptive analytic. The author uses data collection techniques in the form of a literature study by taking into account issues related to Empiricism and Phenomenology in the Legal Perspective of Naturalism. The research results have implications for the Legal Philosophy of Naturalism which can be seen in terms of empiricism and phenomenology. Based on the theory of natural law, there are those who argue that the beginning of all goods is not owned by anyone. Such goods are called ResNullius (See Article 519 BW. which states: "Items that are not owned by anyone"). By agreement between them, humans divide these goods, thereby obtaining individual property rights.
Tinjauan Hukum Dosen Pegawai Negeri Sipil Merangkap Profesi sebagai Advokat Pasca Putusan Mahkamah Konstitusi Nomor 150/PUU-XXII/2024 Syafithri, Firda Nisa; Faqih, Moch. Dinul
AHKAM Vol 4 No 4 (2025): DESEMBER
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v4i4.7938

Abstract

The Constitutional Court Decision Number 150/PUU-XXII/2024 has sparked considerable debate regarding the independence of the legal profession and the integrity of Indonesia’s legal system, particularly in the context of dual roles held by civil servant (PNS) lecturers who also serve as advocates. The core issue lies in the potential conflict of interest between the civil servant's loyalty to the state and the professional demand for advocate independence. This study aims to examine the implications of the decision for the advancement of academia and the integrity of the legal profession, and to assess whether it supports the implementation of the Tri Dharma Perguruan Tinggi or instead sets a precedent that threatens advocate independence. The research employs a normative-empirical juridical approach, analyzing Law Number 18 of 2003 on Advocates, the Constitutional Court's ruling, and empirical data gathered through observation and interviews with legal academics and practitioners. The findings indicate that the dual role of PNS lecturers as advocates, if managed ethically and professionally, can yield positive contributions to both the legal system and higher education. First-hand legal practice enhances the contextual and practical dimensions of legal education, thereby strengthening the synergy between theory and practice. Nevertheless, the potential for conflicts of interest and the risk of compromised professional independence must be mitigated through clear regulatory frameworks and robust oversight mechanisms. This study offers a conceptual contribution to policy formulation that harmonizes the Law on State Civil Apparatus and the Advocate Law, while also enriching academic discourse on the redefinition of lecturers’ roles as agents of change within Indonesia’s legal system.
Co-Authors Diki Firmansyah, Diki Faqih, Moch. Dinul Piansah, Aip Rahman, Fakhri Aulia