A Brief History: Legal Education in Indonesia

1. Method of Law Teaching:
in Indonesian Law System
ADI KUSUMANINGRUM

2. Definition....
The primary method of teaching law in
faculty of law in Indonesia based on the
principle that the best way to learn
Indonesia Law System (due to its civil law
origin)

3. Law System
Civil Law Common Law
Source: CODIFICATION
Doctrine: RES AJUDICATA
Source: JUDICIAL DECISIONS (Jurisprudence)
Doctrine: STARE DECISIS (the doctrine of precedent)
LEGAL EDUCATION
DOCTRINAL PRACTICAL USES
What are the differences...?

4. Differences DOKTRINAL (civil law system) PRACTICAL USES (common law system)
Content the articles from act, constitutions, and
all of them are explained in monolog
method
Jurisprudence as a source of law, the TLP are
mostly conducted by discussing legal cases
and jurisprudence
Role of Student Passive (generally they are ought to
memorize the act, constitutions, etc)
Active (the role of the students is more
dominant than the lecturers)
Role of Lecture Lecturers are the central of the
teaching learning process, the source
of information, and the legal solver of
the students’ inquiries
The lecturers only act as the advisor and the
discussion director (facilitator)
Discussion • Open debate and discussion are
rarely conducted in class
• Lecturers focus on explicating the
theory, content of articles, and the
opinions of experts.
• The lecturing, therefore, rarely
implements problem solving
activity.
• theory is taught only in the early year of
college with self-learning method
• Discussion are mostly conducted through
debates and brainstorming activities upon
cases given by the lectures
• the lectures tend to be open, and the
consultation upon a legal cases discuss is
done between the lecturer and the
student individually
Output Positivist and rigid Critical and analytic

5. A Brief History: Legal Education in
Indonesia
 In 1908 (Dutch colonization): Senior High School namely Rechtsschool
 In 1924, the status of Rechtsschool was formalized and improved into the Higher
Education named Rechtshoogeschool: the primary goal of the curriculum is
legislation: very legalistic and not usually concerned with empirical realities
experienced
 In 1946: Balai Perguruan Tinggi Gadjah Mada: possessed the necessary skills to
sustain the revolution from colony to independence
 Legal education within the era of National Development:
 New Order: legal education was designed primary to ensure that graduates
were able to support the process of national development of Indonesia
 Reform of Indonesia: the effort of legal education development and reform in
Indonesia will remains continue. The curriculum for undergraduate programs
be designed with the objective of providing a strong basic academic legal
knowledge to student

6. Regulation....
No Regulation
1 Decision Letter Minister of Education and
Culture No. 0198/1972
The semester system; the content and teaching of
colonial period is still in effect (self perpetuating)
2 Decision Letter Director General of Higher
Education No. 30/1983
The Credit Semester System; Legal education is not
distinguished between academic and proffesional
legal education;
3 Decision Letter Minister of Education and
Culture No. 017/D/0/1993 revised by
Decision Letter Minister of Education and
Culture No. 0325/U/1994
Academic and professional legal education sought
to achieve in a single curriculum
4 Decision Letter Minister of Education and
Culture No. 232/U/2000
Subjects group of personality development (Mata
KPK), scientific and skills (MKK), expertise in working
(MKKB), behavior in working (MPB), and life in
society (MBB).
5 In January 2003, the Commision for the
Dicipline of Legal Science(KDIH) was
dissolved by the Departement of National
Education
Legal education has been decentralized; every
faculty of law has freedom to amend and enhance
the curriculum as they see appropriate

7. Indonesian Legal Educational System....
 In the post-colonialism era, Indonesian legal educational system worked
similarly to the one in the colonialism era;
 The learning system in Indonesia is not a autonomic process: It is a process
which functionally demanded to follow the development of politic,
especially for those regarding with policies and the government’s attempt
in achieving goals (either related to law areas or not);
 Indonesian educational system of law is nearly similar to the education
system ;applied in civil law: the method that mostly implemented tends to
be doctrinal, the lectures of law studies, law order, and other related
subjects in law faculty, or even only use, lecturing method;
 The other methods depend on the lecturer as the learning center, and not
being integrated into the learning of each subject well yet;

8. Bachelor Degree Orientation in Indonesia
Legal Knowledge Legal Skill
• Lecturing;
• Question-Answer;
• Read and compose
scientific writing;
• Panel discussion, seminar,
forum, workshop;
• Legal drafting (Legislative
Drafting, Contract Drafting
and International Contract
Drafting/
• Moot Court
• Case study, role-play,
simulation;
• ADR
• Internship, etc
Student Center Learning
Doctrinal
To be a Legal Scientist (advance Study to Master and Doctoral Degree)
or to be Legal Profession

9. Teaching Method....
No. Indicator Teaching Method
Doctrinal Student Centre Learning
1 Material (content) Book (references) Book (references) and Modul
2 Method Lecturing, question-answer Legal practice (legal drafting,
case study, role-play, simulation,
field study, etc)
3 Assignments • Read (law review article)and
compose scientific writing
(working/short paper)
• Panel discussion, seminar,
forum, workshop;
• Cases analysed
• Construct an orderly statement
of legal rules and principles
• Field study in the court
• Field study in social community
4 Result Students memorizing article of act
(convention, etc), principle and
concept (doctrine) of law,
Identification the legal fact (issue)
Critical thinking skill
Student know the main rule of the
court
5 Evaluation Quis, subject examination Working paper (review the cases)

10. Thank you...