scholarly journals Effect of Positivism in Clinical Legal Education

2019 ◽  
Vol 1 (4) ◽  
Author(s):  
Adji Samekto
Keyword(s):  
Law Enforcement ◽  
Legal Education ◽  
Legal Services ◽  
Main Character ◽  
Legal Basis ◽  
Major Premise ◽  
Procedural Rule ◽  
Legal Advocacy ◽  
The Law ◽  
Professional Practitioners

Clinical Legal Education (CLE) is an education in legal study that aims toprovide knowledge on practical expertise that aims to make lawgraduates capable of providing legal services (legal advocacy).CLEbecome important in recent days because of the tendency to resolvethe matter through legal channels is increasing. But in fact, it showsthat law enforcement is almost interpreted only as rule enforcement.The trend that happens, aspects of compliance procedures takeprecedence over justice. The modern law scientification is stronglyinfluenced by the emergence of positivism paradigm in modernscience. At present, along with the complexity of the problems ofpeople and society, the main character of modern law is a rationalnature. Rationality is characterized by the nature of a procedural rule oflaw. Procedure, thereby becoming an important legal basis to establishwhat is called justice, even the procedure becomes more importantthan talking about justice itself. Legal education, thus more likely toproduce professional practitioners. The resulting legal practitioners arelegal actors who are expected to make a decision which side is wrongand what is right under the provisions of the law. Through this paper isexpected to obtain the understanding that CLE should not result theLaw degree who only give priority to the compliance procedure aspositive law, but also still guided ethics and efforts to achieve justice.The method used for writing this paper is the socio legal research withinductive analysis. Thus, the fact that occurred in the law enforcementpractices will be a major premise and provide input and analysis in thispaper.

9. Delivering legal services: practitioners, adjudicators, and legal scholars

2018 ◽  
Author(s):  
Martin Partington
Keyword(s):  
Artificial Intelligence ◽  
Significant Role ◽  
Legal System ◽  
Private Colleges ◽  
Legal Education ◽  
Legal Profession ◽  
Legal Services ◽  
Legal Practice ◽  
Legal Advice ◽  
The Law

This chapter discusses the role both of those professionally qualified to practise law—solicitors and barristers—and of other groups who provide legal/advice services but who do not have professional legal qualifications. It examines how regulation of legal services providers is changing. It notes new forms of legal practice. It also considers how use of artificial intelligence may change the ways in which legal services are delivered. It reflects on the adjudicators and other dispute resolvers who play a significant role in the working of the legal system. It reflects on the contribution to legal education made by law teachers, in universities and in private colleges, to the formation of the legal profession and to the practice of the law.

scholarly journals PENEGAKAN HUKUM TERHADAP TINDAK PIDANA KORUPSI DENGAN KERUGIAN NEGARA YANG KECIL DALAM MEWUJUDKAN KEADILAN

FIAT JUSTISIA ◽  
2017 ◽  
Vol 10 (2) ◽  
Author(s):  
Ahmad Muchlis
Keyword(s):  
Law Enforcement ◽  
Key Words ◽  
Attorney General ◽  
Legal Basis ◽  
Legal Certainty ◽  
Small Loss ◽  
Circular Letter ◽  
Law Enforcement Officials ◽  
The Law ◽  
Court Proceedings

The Circulars letter of deputy attorney of general for special crimes number: B-113/F/ Fd.1/05/2010 can be used as a reference by prosecutors in doing law enforcement against corruption with small losses, but in practice law enforcement, this circular letter is making trouble in practice. The results of this research, namely: the law enforcement against corruption with a small loss of state must pay attention to the values of justice, expediency, and legal certainty. In enforcing the law against corruption with small losses only can be stopped during an investigation by utilizing the exchequer and redress demanded. the reason corruption cases with small losses were still continued by the prosecutor to the court proceedings after enactment of circulator letter because circulator letter contrary to corruption constitution and it has no the strength or binding in legal basis. The Suggestions are addressed for law enforcement officials (police, prosecutor, and judge) in order to do the law enforcement against corruption with small losses in order consider the value of a legal basis, namely: fairness, expediency and certainty. The circular letter of deputy attorney general for special crimes number: B-1113/F/Fd.1/05/2010 in order to be taken as government consideration in formulating the new rules (Ius constituendum). Key words: Corruption, Law Enforcement, Justice

scholarly journals The Legal Academy’s Engagements with Lawtech: Technology Narratives and Archetypes as Drivers of Change

2019 ◽  
pp. 27-45
Author(s):  
Kate Galloway ◽  
Julian Webb ◽  
Francesca Bartlett ◽  
John Flood ◽  
Lisa Webley
Keyword(s):  
Curriculum Design ◽  
Legal Education ◽  
Legal Profession ◽  
Access To Justice ◽  
Legal Services ◽  
Law Schools ◽  
The Rule Of Law ◽  
Services Delivery ◽  
Technological Developments ◽  
The Law

This article argues that legal education is currently grappling with three narratives of technology’s role in either augmenting, disrupting or ending the current legal services environment. It identifies each of these narratives within features of curriculum design that respond to legal professional archetypes of how lawyers react to lawtech. In tracing how these influential narratives and associated archetypes feature in the law curriculum, the article maps the evolving intersection of lawtech, the legal profession and legal services delivery in legal education. It concludes by proffering the additional narrative of ‘adaptive professionalism’, which emphasises the complex and contextual nature of the legal profession, and therefore provides a more coherent direction for adaptation of the law curriculum. Through this more nuanced and grounded approach, it is suggested that law schools might equip law graduates to embrace technological developments while holding on to essential notions of ethical conduct, access to justice and the rule of law.

scholarly journals Identity Building of Indonesian Legal Education (From Progressive Liberalism to Transgresive Religious Cosmic)

2021 ◽  
Vol 8 (2) ◽  
pp. 481
Author(s):  
Anthon Freddy Susanto
Keyword(s):  
Law Enforcement ◽  
Legal Education ◽  
Analysis Method ◽  
Professional Skill ◽  
Conceptual Approach ◽  
Philosophical Approach ◽  
The Social ◽  
The Law ◽  
Heuristic Analysis

Legal Education naturally is education of human and humanity viewing man in his “earthly existence” to appreciate his human nature or will make the humanity humane as such the vital relation is that world will be more humane, managed and maintain according to the relation between he himself and the creator. Legal education encourages man to understand dan be able to interact with reality of the world surrounding; legal education, therefore, should be able to develop human soul, in this case, is the entire creativity, passion and creation. Legal education is closely related to the development of morality of the law enforcement to be able to improve the performance and professional skill in the law enforcement. To support the concept, legal education should always improve the quality of human’s life. Method used was multi-method such as philosophical method using hermeneutic-deconstructive approach; conceptual approach by developing creative ideas through heuristic analysis; method of critique on text to see the new possibilities that can raise in the development made. Philosophical approach can help us to enter into the most essential/fundamental area of the issue developed. Transgressive legal education is human education in the context of Indonesia with the soul of Pancasila. Transgressive legal education is an education to develop moral or conscious to underline the enforcement of the law upon society so that man will aware of the existence of the creator and is able to encourage the development of persons to be critical, tolerant, open, sensitive, and care towards the social problems and law enforcement.

9. Providing legal services: the legal professions

2021 ◽  
pp. 255-290
Author(s):  
Martin Partington
Keyword(s):  
Artificial Intelligence ◽  
Significant Role ◽  
Legal System ◽  
Private Colleges ◽  
Legal Education ◽  
Legal Profession ◽  
Legal Services ◽  
Legal Practice ◽  
Legal Advice ◽  
The Law

This chapter discusses the role both of those professionally qualified to practise law—solicitors and barristers—and of other groups who provide legal/advice services but who do not have professional legal qualifications. It examines how regulation of legal services providers is changing and the objects of regulations. It notes the development of new forms of legal practice. It also considers how the use of artificial intelligence may change the ways in which legal services are delivered. The chapter reflects on the adjudicators and other dispute resolvers who play a significant role in the working of the legal system, and on the contribution to legal education made by law teachers, in universities and in private colleges, to the formation of the legal profession and to the practice of the law.

9. Delivering legal services: practitioners, adjudicators, and legal scholars

2019 ◽  
pp. 244-278
Author(s):  
Martin Partington
Keyword(s):  
Artificial Intelligence ◽  
Significant Role ◽  
Legal System ◽  
Private Colleges ◽  
Legal Education ◽  
Legal Profession ◽  
Legal Services ◽  
Legal Practice ◽  
Legal Advice ◽  
The Law

This chapter discusses the role both of those professionally qualified to practise law—solicitors and barristers—and of other groups who provide legal/advice services but who do not have professional legal qualifications. It examines how regulation of legal services providers is changing and the objects of regulations. It notes the development of new forms of legal practice. It also considers how the use of artificial intelligence may change the ways in which legal services are delivered. The chapter reflects on the adjudicators and other dispute resolvers who play a significant role in the working of the legal system, and on the contribution to legal education made by law teachers, in universities and in private colleges, to the formation of the legal profession and to the practice of the law.

scholarly journals Legal Services and Advocacy in the Industrial Revolution 4.0: Challenges and Problems in Indonesia

2020 ◽  
Vol 1 (2) ◽  
pp. 159-162
Author(s):  
Ridwan Arifin
Keyword(s):  
Law Enforcement ◽  
Significant Influence ◽  
Industrial Revolution ◽  
Legal Services ◽  
Legal Assistance ◽  
Legal Aid ◽  
Provision Of Services ◽  
The Law

THE INDUSTRIAL revolution 4.0 had a significant influence in various sectors, including the law enforcement sector. Law enforcement, legal aid, legal services and advocacy in the industrial revolution 4.0 era have their own characteristics of challenges. This edition of the Indonesian Journal of Advocacy and Legal Services raises the theme of Legal Services and Advocacy in the Industrial Revolution 4.0 in the hope of providing a new picture, discourse, and treasury in the provision of services and legal assistance, advocacy and community assistance.

scholarly journals Law on Asset Recovery for Corruption in Indonesia: An Urgent Need

Rechtsidee ◽  
2021 ◽  
Vol 9 ◽  
Author(s):  
Sekar Langit Jatu Pamungkas ◽  
Kuswardani
Keyword(s):  
Law Enforcement ◽  
Organized Crime ◽  
Research Method ◽  
Legal Basis ◽  
Descriptive Research ◽  
Track Record ◽  
Asset Recovery ◽  
Qualitative Descriptive ◽  
The Law ◽  
Research Type

Corruption is an organized crime, so that its existence is required to complete the law not only for the perpetrators but also for the results of acts of corruption which are often not found with a track record of all assets of corruption. This study aims to examine legal products in Indonesia regarding the seizure of assets resulting from criminal acts of corruption. Philosophically, the existence of criminal acts of corruption is a form of state responsibility to eradicate because there is not yet a strong legal basis to regulate the mechanism of confiscation effectively in the enforcement of corruption. This research method uses normative juridical with conceptual legal approach with qualitative descriptive research type. The results of this study can be concluded that the urgency of the establishment of the Draft Law on the confiscation of assets resulting from acts of corruption is to change the legal paradigm in law enforcement of criminal acts of corruption which is not only focused on perpetrators of corruption but assets resulting from criminal acts of corruption can be returned based on the amount of losses suffered by the perpetrators of corruption. country. The effectiveness of the law with the formation of these legal products closes the gaps that have so far arisen so that it triggers the existence of criminal acts of corruption. 

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