PENELITIAN HUKUM TRANSFORMATIF PARTISIPATORIS: SEBUAH GAGASAN DAN KONSEP AWAL

  • Anthon Freddy Susanto Fakultas Hukum Universitas Pasundan Bandung
  • Gialdah Tapiansari Batubara Fakultas Hukum Universitas Pasundan Bandung

Abstract

Normative legal research-dogmatiek, and empirically-quantitative have a tendency to simplification is a waiver of the various aspects of the legal reality is complex, so the legal research dried aspects of values, symbols, meanings of cultural and human morality, do not even have a stunt action in therein. Dogmatiek normative-legal research and quantitative empirical research (both under the paradigm of legal positivism) only describes the relationship (mechanical) between the figures with the rules, principles and rigid principles. Abandonment-waiver so the result, damage to the legal system, social order, and the shattered lives of ecological (environmental) policies by formal law, more favorable power. We find a small community marginalization, displacement and judgment on behalf of the law that many countries do. Legal development that lead to the interests of a particular class or group that is powerful in society. On the one hand the construction of the law is too focused on policy and laws in effect only showing the construction of artificial, although the legislation that has a purpose a lofty goal, but minimal in achievement, especially were always raised to be behavior that appears in the legislation ,
Legal development was too focused on legislation that does not encourage participation public.Hukum lose the ability to explain their relationships with the community and cultural realities and ultimately the law fail to become a medium that can increase participation masyarakat.Dari various legal problems today, shows us, is required approach that is able to respond to change and certainly empowering communities that do not mampu.Oleh therefore legal research should be able to encourage community participation, open to a wide variety of approaches so as to provide a variety of solutions faced by society.
Keywords: Concepts, Law Transformative Research-Participatory.

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Published
Nov 30, 2016
How to Cite
SUSANTO, Anthon Freddy; BATUBARA, Gialdah Tapiansari. PENELITIAN HUKUM TRANSFORMATIF PARTISIPATORIS: SEBUAH GAGASAN DAN KONSEP AWAL. JURNAL LITIGASI (e-Journal), [S.l.], v. 17, n. 2, p. 3314-3376, nov. 2016. ISSN 2442-2274. Available at: <https://journal.unpas.ac.id/index.php/litigasi/article/view/159>. Date accessed: 30 nov. 2021. doi: http://dx.doi.org/10.23969/litigasi.v17i2.159.
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Articles