Pendas : Jurnah Ilmiah Pendidikan Dasar
Vol. 11 No. 03 (2026): Volume 11 Nomor 03, September 2026 Publish

IMPLEMENTASI PENDEKATAN PERBANDINGAN HUKUM DALAM PENELITIAN HUKUM NORMATIF

Hermit Purwedy Zendrato (Unknown)
Hery Chariansyah (Unknown)



Article Info

Publish Date
29 Jul 2026

Abstract

This research examines the implementation of the comparative law approach in normative legal research and formulates an operational model that preserves doctrinal rigor while remaining sensitive to institutional, historical, and cultural contexts. The research uses normative legal research with statutory, conceptual, case, historical, and comparative approaches. Primary legal materials consist of legislation and judicial principles, while secondary materials include comparative law scholarship and journal articles published from 2020 to 2026. The materials are analyzed through identification of the legal problem, determination of the tertium comparationis, selection of comparable jurisdictions, contextual description, functional and structural comparison, critical evaluation, and normative synthesis. The study finds that comparative law is not merely the juxtaposition of foreign rules. Its validity depends on equivalent units of comparison, transparent jurisdiction selection, attention to formal and informal institutions, and a reasoned assessment of contextual compatibility. The proposed model consists of six connected stages: problem formulation, comparator design, material verification, contextual reconstruction, evaluative comparison, and controlled legal adaptation. This model enables comparative findings to strengthen interpretation, legal reform, and the development of Indonesian legal scholarship without reducing foreign law to an uncritical source of imitation.

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Journal Info

Abbrev

pendas

Publisher

Subject

Other

Description

Pendas : Jurnah Ilmiah Pendidikan Dasar is a journal published twice a year, namely in June and December that aims to be a forum for scientific publications to pour ideas and studies complemented with the results of research related to primary school education. To achieve this, basic education ...