印度尼西亚立法起草的研究方法

IF 1.5 Q1 LAW

Theory and Practice of Legislation Pub Date : 2022-11-03 DOI:10.1080/20508840.2022.2141523

Victor Imanuel W. Nalle

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引用次数: 1

摘要

摘要：研究印度尼西亚的立法起草是强制性的。这项研究的成果是学术论文（Naskah Akademik），它支持立法起草所需的理由。本文还对立法的意义进行了逻辑和客观的论证。尽管自2011年以来，立法起草研究已成为必修课，但学者和从业者发现研究方法存在一些弱点。本文讨论了立法起草中与研究方法有关的两个主要问题（发展学术分析）。第一个是与印度尼西亚立法起草学术论文的研究方法有关的立法政策发展动态。第二个是与印度尼西亚立法起草研究方法有关的立法政策发展的弱点。这篇文章表明，国家立法政策没有为立法起草学术论文的研究方法提供全面的指导。现行准则讨论了影响立法起草学术论文质量的一般性问题。此外，立法起草的学术论文被视为起草的补充文件，因为它既没有提供科学依据，也没有提供论据。

本文章由计算机程序翻译，如有差异，请以英文原文为准。

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Research methodology in legislative drafting in Indonesia

ABSTRACT Research in legislative drafting in Indonesia is compulsory. Output of the research is academic paper (Naskah Akademik) which supports rationale needed for legislative drafting. This academic paper also provides logical and objective argumentation on significance of legislation. Even though research in legislative drafting has become a compulsory since 2011, academics and practitioners found several weaknesses in research methodology. This article discusses two major issues related to research methodology in legislative drafting (developing the academic analysis). The first is dynamics of legislative policy developments related to research methodology for developing academic paper for legislative drafting in Indonesia. The second is weaknesses of legislative policy developments related to research methodology for legislative drafting in Indonesia. This article shows that the national policy on legislation did not provide comprehensive guidance on research methods for developing academic paper for legislative drafting. The existing guideline discussed general issues, which affect quality of academic paper for legislative drafting. As an addition, academic paper for legislative drafting is treated as not more than complementary document for the drafting because it provided neither scientific justification nor arguments.

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来源期刊

Theory and Practice of Legislation LAW-

CiteScore

4.50

自引率

10.00%

发文量

期刊介绍： The Theory and Practice of Legislation aims to offer an international and interdisciplinary forum for the examination of legislation. The focus of the journal, which succeeds the former title Legisprudence, remains with legislation in its broadest sense. Legislation is seen as both process and product, reflection of theoretical assumptions and a skill. The journal addresses formal legislation, and its alternatives (such as covenants, regulation by non-state actors etc.). The editors welcome articles on systematic (as opposed to historical) issues, including drafting techniques, the introduction of open standards, evidence-based drafting, pre- and post-legislative scrutiny for effectiveness and efficiency, the utility and necessity of codification, IT in legislation, the legitimacy of legislation in view of fundamental principles and rights, law and language, and the link between legislator and judge. Comparative and interdisciplinary approaches are encouraged. But dogmatic descriptions of positive law are outside the scope of the journal. The journal offers a combination of themed issues and general issues. All articles are submitted to double blind review.