Running Head: THE INFLUENCE OF JURISPRUDENTIAL INQUIRY 1

The Influence of Jurisprudential Inquiry Learning Strategies and Logical Thinking

Ability towards Learning of Civics in Senior High School (SMA)

1Hernawaty Damanik

2I Nyoman S. Degeng

2Punaji Setyosari

2I Wayan Dasna

1Open University; State University of Malang

2State University of Malang

Author Note

Hernawaty Damanik is senior lecturer at Open University, Malang, and student of Graduate

Program in Education Technology State University of Malang.

I Nyoman S. Degeng and Punaji Setyosari are professors at Graduate Program State

University of Malang.

I Wayan Dasna is senior lecturer at Graduate Program State University of Malang

Correspondence concerning this article should be addressed to [email protected] THE INFLUENCE OF JURISPRUDENTIAL INQUIRY 2

THE INFLUENCE OF JURISPRUDENTIAL INQUIRY LEARNING STRATEGIES AND

LOGICAL THINKING ABILITY TOWARDS LEARNING OF CIVICS SENIOR HIGH

SCHOOL (SMA)

Abstract

Pancasila and Citizenship Education (Civics) is one of many other school subjects emphasizing on value and moral education in order to form multicultural Indonesian citizens who appreciate the culture of plural communities. The learning of PPKn (civics) should be designed and developed through a thorough strategy in accordance with its aims and materials to create students with critical, argumentative, and logical thinking ability. The learning of civics has not been totally carried out on the tract where teachers are dominantly active in the class while students just do memorizing and reading, less of joyfull learning, and become “text-bookish”. One of many other strategies to succeed innovative, constructive, and relevant learning in accordance with the thinking ability of Senior High School students is through jurisprudential inquiry. The jurisprudential inquiry learning is designed as a scientific activity where students should determine their characters and positions based on knowledge and inquiries towards theory, data, and fact as well as be responsible in responding and solving problems through discussions and debates. The ability of developing logical thinking for students on the basis of appropriate principles plays an important role in learning processes in order to avoid unwanted debates. The activities of discussions and debates in solving social problems will enable them to overcome conflicts of diversities in multicultural society of Indonesia as it is taught in civics. The implementation of learning strategy jurisprudential inquiry is expected to improve the learning process and result of civics itself.

Keywords: jurisprudential inquiry, logical thinking, civics

THE INFLUENCE OF JURISPRUDENTIAL INQUIRY 3

Literature Review

Civics education differs from one country to other country. The practice of civics education in the United States recently develops significantly. Journell (2015) stated that most students (75%) of senior high schools in the United States had taken a civics course before graduation with half taking it in the twelfth grade (p.630). In Australia, the focus of civics education is divided into two studies, namely 1) governance, constitution, role of law, right and obligation of citizens, and 2) history/tradition of politics and democratic values

(Leigh, 2004, p.10). Much different from Australia, the civics education in Indonesia, where

Pancasila serves as the country’s ideology, is aimed at preparing students to be smart and excellent citizens in accordance with values in Pancasila. Those citizens should have knowledge, attitudes and values, and skills that can be used to build the sense of nationality and love of nation as the implementation and actualization of Pancasila’s values. (Ministry of

Education, Teacher’s Book of PPKn for tenth graders, 2014).

However, the practice of civics education in Indonesia has not yet run well and optimally. It still covers the process of memorizing, not develops the ability of high thought.

The activity of students runs based on the teacher’s willing, not students himself or herself.

Students’ initiative and their independence studying are still weak. They are less of joyfull learning, and tend to be “textbookish”. Meanwhile, teachers are not ready yet to teach contextually thereby undermining the process of internalizing Pancasila values as the country’s ideology has not run well too. This paper aims to elaborate the effect of

Jurisprudential Inquiry on learning achievement and logical thinking ability towards learning of civics in Senior High Schools (SMA) in Indonesia.

THE INFLUENCE OF JURISPRUDENTIAL INQUIRY 4

Discussion

Jurisprudential Inquiry Learning Strategy

According to Gerlach & Elly (1980), a learning strategy is a selected way to convey learning materials in a certain teaching environment consisting of activity orders, method, and procedure that can provide learning experiences to students in order to achieve learning objectives. Dick and Carrey (1990, p.183) define the instructional strategy as a design that will be used for developing or selecting instructional materials. Reigeluth (1999) said the learning strategy as methods to manipulate the elements of knowledge. Reigeluth then classifies the learning strategy into organizing strategy, filing strategy, and processing strategy.

Theoretically speaking, the jurisprudential inquiry learning strategy was initiated by

Oliver and Shaver (1974) as quoted by Joyce, Weill, and Coulhoun (2011) by proposing a style in law research in order to help students think critically about contemporary issues. The jurisprudensial inquiry strategy is based on the understanding about society, in which each individual has different views towards priority from one to others and social values are confronting from one to others. In order to overcome complex and controversial problems, a citizen must be able to talk from one to another and to negotiate the difference itself.

In the context of India, Singh (2010) has examined the effectiveness of this jurisprudential inquiry model through his research “Effectiveness of jurisprudential inquiry model of teaching on value inclination of school students”, on the basis of solicitousness and care on the erosion of significant values and raising cynicism in India society. Therefore, adjustment in curriculum is necessary in order to make education as a tough instrument in refining moral and social values. The values necessary to be developed for young generation, particularly relating to the development of values for peace include tolerance, justice, cross culture understanding, and civil responsibility. He continued that the implementation of the THE INFLUENCE OF JURISPRUDENTIAL INQUIRY 5 model gave opportunities for students to develop public policies and ability of dialog/debate by intensifying various types of competency, such as 1) understanding about basic value common contemporary issues. Thus, students are encouraged to make dialog and to build critical attitude by analyzing social handling through public policy issues, even controversial issues. They are motivated to figure out differences in values that can be negotiated through free, open debates in order to be rational agreement.

Sejpal (2013) states that jurisprudential inquiry model could assist students to think structurally about current issues. They learn many types of issues to take their position about their opinions through intellectual debates. Another reference relating to jurisprudential inquiry model is the article titled A Dialogic Process for Exploring Societal Issues published in the journal of Academic Exchange Quartely (2012) by McDonald stating that educators underwent significant challenges in facilitating critical discussion from various problems in schools, and those challenges could be resolved by applying the jurisprudential inquiry learning model. This model, according to Kaufman (2010), can overcome isolation, and is potential to result in great forums to productive discussions during the learning, and thus is effective in producing critical discourse.

In the context of Indonesia, the jurisprudential inquiry strategy goes along with the curriculum applied at current time, Curriculum 2013. In the curriculum, the learning should be based on the scientific approach. This scientific approach has five stages of process such as observing, questioning, experimenting, associating, and networking. This aims at developing equilibrium between the development of spiritual and social attitude, curiosity, creativity, cooperation and the intellectual and psychomotor ability. (Department of

Education and Culture, 2013).

McDonald (2012) argues that educators of the day face significant challenges in facilitating critical discussions in the class, and this challenge can be solved through the THE INFLUENCE OF JURISPRUDENTIAL INQUIRY 6

Jurisprudential Inquiry learning strategy. Similarly, Sejpal (2013) in his article “Models of teaching: The way of Learning” stated that the jurisprudential inquiry strategy is one of social interaction models whose objective is to assist students to think structurally about the current issues. Students learn some issues and take their position about their opinion through intellectual debate. Sejpal (2013) wrote how the jurisprudential inquiry strategy was carried out, that is:

 Debate Team Discussion Time (15 min)  Introduction of a Topic by Debate Leader (10 min)  Debate (60 min)  Debriefing Time (30 min)  Questions (20 min)

Even though the actualization of student attitude through confronting dialog is the heart of yurisprudential inquiry model, some other activities are also important, such facilitating students to formulate the attitude (position). This activity is also able to help them revise their position after they involve in an argumentation.

Joyce and Weil (1992) state that the jurisprudential inquiry model covers six stages namely, 1) orientation to the case; (2) identifying the issues; (3) taking positions; (4) exploring the stances underlying the positions taken; (5) refining and qualifying positions; and (6) testing assumptions about facts, definitions, and consequences. Those six stages of jurisprudensial inquiry model could be drawn as the following structure:

Tabel 1 . The Structure of Jurisprudential Inquiry Learning

Stage Activity I 1.1. Teacher introduces case materials (Direct Students on Certain 1.2. Teacher reviews facts Case) II 2.1. Students make synthesis between facts and public policy issues (Identify Issue) 2.2. Students select an issue about public policy to be discussed 2.3. Students identify value and conflict 2.4. Students identify basic facts and problems about definition III 3.1. Students articulate their position (Select Position) 3.2. Students express the basic position from social values or consequences of a decision IV 4.1. Assign value points which are violated (Explore Attitude or 4.2. Prove consequences of wanted or unwanted position (factual) THE INFLUENCE OF JURISPRUDENTIAL INQUIRY 7

Stage Activity standpoint and form of 4.3. Make priority. Emphasize the priority and describe the lack of Argumentation) violation in the second value

V 5.1. Students emphasize their position and reason for choosing the (Emphasize and qualify position, examine some similar situations position) 5.2. Student qualify their position VI 6.1. Identify factual assumption and determine whether it is relevant (Examine factual or not assumption in opposite 6.2. Determine predicted consequence and examine the validity of its position that has been factual (Is it really going to happen?) Qualified) (Source: Suzanne, Nathan, and Selly, undated)

From Table 1 above, it can be said that in order to implement the jurisprudential inquiry strategy, sufficient horizon and knowledge is needed to analyze issues either by teacher or student, and the creativity of teacher in designing plans, motivating students to be active, to brave in running dialog and conveying ideas, behaving, analyzing attitude, arguing, and respecting different ideas.

Logical Thinking Ability

The pioneer of logical thinking (i.e. Aristotle 348-322 B.C), states that thinking is speaking to self by heart, considering, cogitating, analyzing, proving something, displaying reasons, concluding, researching a thought, searching out various things which have connection one to another, answering why and what for something happens, and discussing a reality (Plato, Aristotle in Poespoprodjo dan Gilarso, 2011, p.13). According to De Bono

(1990), thinking is experience exploration carried out consciously to achieve a purpose. The purpose may be in the form of understanding, decision-making, planning, problem solving, assessment, treatment, etc.

A smart thinking that is in line with principles stated in logic is called “logical”.

Logical means make sense and illogic is the opposite (Mundiri, 2014, p.2). The ability of logical thinking means capable in conducting thinking activities in a correct and exact way based on the principles and systematic stages in order to reach correct conclusion (Ahmadi and Supriyono, 1991; Hasan, 1994; Bakry, 2001). In the jurisprudential inquiry learning, THE INFLUENCE OF JURISPRUDENTIAL INQUIRY 8 argumentation and debate about contemporary and controversial issues in order to avoid any street argument, the skill of logical thinking by student is highly noticeable.

Kowalski (2006) proposed in his article titled “The logical way to be artificially intelligent”, that logical thinking is not only developed in cognitive sciences but also applied in social life and implemented effectively by each individual in daily life. In addition to this,

Piaget’s theory is significant because it is cognitive learning theory which is widely accepted.

The theory states that human thinking is composed of experiences. Dahar (2011, p.136) explained about Piaget and his theory about three aspects of intellectual investigated by

Piaget, that is structure, content and function. According to Piaget, intelligence is the number of available structure that can be used by an individual at certain time of his development.

Piaget classified cognitive stages of a child int four stages, that is, sensorimotor, pre- operation, concrete operation, and formal operation. The following is the scheme of those four stages.

Table 2. Scheme of Piaget’s Four Stages of Cognitive Development Stage Age Main Characteristic of Development Sensorimotor 0-2 years  Based on treatment  Step by step Pre-operation 2-7 years  The use of symbol/sign language  Intuitive concept Concrete 8-11 years  Apply clear/logical rules Operation  Reversible and immortality Formal Operation 11 years above  Hypothesis  Abstract  Deductive and inductive  Logic and probability Source: Suparno (2001, p.25)

Furthermore, Piaget emphasized that all human beings develop through similar cognitive development stages and even in similar orders without noticing at their origins.

Students of Senior High School above 11 years are group at the stage of formal operations in which they can think in deductive hypotheses, inductive scientific and abstractive reflective ways. The thinking development in this stage is already identical to the thinking of adult THE INFLUENCE OF JURISPRUDENTIAL INQUIRY 9 qualitatively. The differences from the thinking of adult are seen on quantity, that is, the number of schemes in the adult. According to Ginsburg and Opper (1988) in Suparno (2001), someone at this stage has owned high equilibrium. He can think in flexible and effective manner ways and can accommodate complex problems as well. That ability of thinking gives much support to the learning with.

The Effect of Jurisprudential Inquiry Strategy and Logical Thinking Ability towards

Civics Education in Senior High School

With reference to the theory of Jurisprudential Inquiry (i.e. Oliver and Shaver, 1974;

Joyce and Weil, 1992; Joyce et al., 2011) and empirical studies (i.e. Singh, 2009, 2010;

Sejpal, 2013; McDonald, 2012; Del Mar, 2009), it is reasonable to conclude that the

Jurisprudential Inquiry is empirically evidenced to improve the practice of civics education.

This is due to the ability of such a strategy in framing students’ attitude to be a civilized citizen through experiences and contemporary issues.

Activities in the form of discussions and debates lie on the stages of the Jurisprudential

Inquiry learning strategy in which students may change their position in regard to the pros and cons. This is in line with the principle of Socratic dialogue (elenchus), that is, a technique in dialogue based on students’ response to cases, examine the response till this arrive at the conclusion. (Horsby and Maki, 2008 cited in Murdianto, 2015, p.40).

One of many other foci of the civics education is the education of values and the process of internalizing those values can be reached if students involve in actual experiences by practicing student-active learning in order that students involve themselves in mental- intelectual and social-emotional ways. Thus, a proper jurisprudential inquiry strategy applied in the civics education encourages the involvement of students in mental-intelectual and social-emotional, so that the character building as democratic, smart, civilized, and responsible citizens for Indonesia could be achieved. THE INFLUENCE OF JURISPRUDENTIAL INQUIRY 10

Sejpal (2013) stated that jurisprudential inquiry strategy could facilitate students to think in a structured way about the current issues. He also stated that through jurisprudential inquiry strategy, students learn various issues to determine positions about their opinions through intellectual debates. In relation to the characteristics of Senior High School Students from cognitive aspects, the implementation of suitable strategy may accommodate the students’ needs in accordance with their cognitive development. The jurisprudential inquiry learning through discussions, debates, and manner determination on the basis on agree or disagree which is confronting needs logical thinking support so that students are able to argue in their debates in order to defend the position in accordance with their opinions. In this case, the ability of students’ logical thinking to find out correct answers and to defend their opinions in debates is really authoritative in particular if the debates are carried out directly and open, witnessed by many other students where the students involved in the debates should take decision and determine their position immediately.

Conclusion and Future Study

This paper has reached its peak, and thus some conclusions are drawn. First, the ability of logical, critical, and analytical thought is highly needed in this era. This cannot appear accidentally, however. One of the ways to stimulate this sort of thought is through learning. A successful learning is the learning that can make students learn. A boring subject of learning even may change into interesting and encouraging if the learning strategy is selected well.

The jurisprudential inquiry learning strategy is predicted to promote better achievement in civics education.

Second, teachers as a ‘field operator’ should have known various learning strategies to be applied in accordance with learning condition. The use of certain strategies will determine the quality of learning process that influences the learning outputs. The selection of a learning strategy must adjust to the purpose and competency to be achieved, learning materials or THE INFLUENCE OF JURISPRUDENTIAL INQUIRY 11 types of knowledge to be conveyed, students’ characteristics, fund, ability of learning strategy (group or individual), learning strategy characteristics (disadvantages or even advantages), and time.

Third, the weaknesses of civics education at present time lie on the learning process that focuses on memorizing only thereby activating the cognitive development at low level but not thinking ability at high level. Therefore, a suitable learning strategy can activate students higher order thinking and provide them with learning experiences.

Fourth, the yurisprudential inquiry learning strategy through group discussion and argumentation debate will run optimally with sufficient logical and critical thinking. This kind of learning output will make them confident and own good social skills. Through this jurisprudential inquiry learning strategy, it expected that the civics education in Senior High

School can promote democratic, smart, civilized and responsible citizens for Indonesia.

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