Objective - this study has the objective to study (assess) the law of the state of society.
Methodology/Technique - Develop the method based on the shortcoming and Critical analysis of previous publications.
Findings - –The results of normative law research are prescriptive in nature: the norms provide a prescription as to how one should behave in accordance with the norms. Normative legal research involves the study of the law as an object and removes any non-legal material from the scope of this research. In contrast, empirical legal research focuses on the application of laws in society.
Novelty - This research paper analyses this dichotomy between normative and empirical research and assesses its relevance and usefulness in legal research.
Type of Paper - Conceptual
Keywords: Research; Normative Research; Empirical Legal Research, Law, Study.
Law Number 37 Of 2004 On Bankruptcy And Suspension Of Obligation For Payment Of Debts was formed to protect creditors and debtors. The purpose of Law is to realize the value of the benefit, justice, and legal certainty. This juridical fact shows that there are legal issues that deserve to be studied normatively. Based on the above background, the problem in this research is the right proposal concept. The application of articles 2 (1) and Article 8 (4) Bankruptcy And Suspension Of Debt Payment Obligations Law can achieve legal objectives. The results showed that the proposed concept to amend the Bankruptcy And Suspension Of Debt Payment Obligations Law took time. Concrete conceptual proposals so that the application of articles a (1) and Article 8 (4) can realize values by changing the attitude of judges who decide not only based on legal certainty. The Judge's attitude in deciding must also be based on the potential impact of Bankruptcy on the Debtor, whether it will lead to benefit or justice. The constitutive nature of decisions also affects changes in judge attitudes.
There are many losses experienced by the community due to investment activities that use financial technology. Legal facts show that non-litigation and civil litigation efforts have not been able to implement the legal objectives. The purpose of this study is to find the answer whether criminal legal remedies can the aggrieved party take in investing using financial technology to realize the value of benefits for legal purposes. This research is a normative juridical research. The results of the study indicate that criminal law efforts can implement legal objectives, if there is adequate competence from the police, prosecutors and judges regarding investment and financial technology.
There are weaknesses in the Financial Services Authority issued POJK No. 61/POJK/2020 concerning Alternative Dispute Resolution in the financial services sector. It hampered the objectives of the regulation. A concept proposal is needed to overcome the existing weaknesses. This research uses normative juridical analysis. This research dose on the laws and regulations that apply in Indonesia relating to the settlement of disputes in the financial services sector. This study finds a proposed concept to overcome the weaknesses of Alternative Dispute Resolution in the financial services sector. The proposed idea empowers legal culture, legal substance, and legal culture as legal system theory. This research is limited to study based on secondary data, so there is no primary data.
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