著者

服部 美奈 神内 陽子 HATTORI Mina JINNAI Yoko

出版者

名古屋大学大学院教育発達科学研究科

雑誌

名古屋大学大学院教育発達科学研究科紀要. 教育科学 (ISSN:13460307)

巻号頁・発行日

vol.66, no.2, pp.173-198, 2020-03-31

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This study describes the characteristics of legal education in Indonesian higher education, and examines the position and role of higher education towards the training of professionals for the legal field. Two types of universities are analyzed; one a national general university operated by the Ministry of Higher Education and the other a national Islamic university operated by the Ministry of Religion Affairs. A historical overview of these institutions is followed by an explanation of the current Indonesian situation for legal education. Next an analysis is offered of the legal education performed at Diponegoro University (Central Java,) an example of a national general university, and at Sunan Kalijaga Islamic University (Yogyakarta) a national Islamic university. Finally, a conclusion summarizes the characteristics important to Indonesian modern legal education, with an attempt to clarify and discern the differences between the legal education and training of legal professionals training at these two types of universities within the country. For this research, various documents were analyzed, informants at each university interviewed, and classes at both universities observed. The field research conducted by Y. Jinnai occurred from March 14–22, 2017 and by M. Hattori, from February 26–27, 2018. In conclusion, the following three points were made: First, as Kadota (2011) has pointed out, there still exists no national common bar examination for legal professionals. The Supreme Court, the Prosecutor's Office, and the association of lawyers conduct each examination independently, including assessment and final certification. Students cannot obtain this certificate, even if they have successfully completed university studies. It is mandatory to first obtain a bachelor's degree as a basic qualification. In other words, "the education offered at universities is the first and indispensable part of legal training" [Kadota 2011]. This also means that law education at universities has become more academic and theoretical-oriented than a vocation-oriented, practical pedagogy. Secondly, at the higher education level, the characteristics for legal education show the same tendencies in both systems; both place emphasis on academic, theoretical knowledge. At Diponegoro University, it is not possible for students to deepen a particular field of specialization, although the course is organized so that it can be studied more broadly. Therefore, students can obtain opportunities that enable easier access to a wide spectrum of careers after graduation. At Sunan Kalijaga National Islamic University, the curriculum of the faculty of Shari'a and Law is designed for students to obtain a bachelor's degree in law, although not a bachelor's degree in Islamic law. Students are thus able to gain access to occupations other than that of a religious court civil servant, or a position within the Ministry of Religion Affairs; they may also train for the legal profession in general. In this regard, it can be said that the initial purpose for the establishment of the National Islamic University to provide Muslims with a bachelor's degree in general law has been achieved to some extent. Finally, this study illustrates that Islamic institutions of higher education that appeared before independence as institutions with different missions than the traditional the educational institution, Pesantren, have been successful in integrating Islamic studies in general. Despite this progress, it must be mentioned that the trend towards integration represent more a concern towards the transition from a National Islamic College (PTAIN) to a National Islamic Institute (IAIN,) and then to a National Islamic University (UIN), and as such, true integration is still incomplete, and rather remains a compromise.本研究は,科学研究費補助金基盤研究(B)「法整備支援重点支援対象国における法学教育」(研究代表者:四本健二,研究課題番号15H05176,平成27年度~30年度)の研究成果の一部である。