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Journal : Journal on Education

Masa Jabatan Pimpinan Organisasi Profesi Advokat melalui Keputusan Mahkamah Konstitusi RI Paet Hasibuan; Muhammad Nurul Azmi; Fauziah Lubis
Journal on Education Vol 5 No 2 (2023): Journal on Education: Volume 5 Nomor 2 Tahun 2023
Publisher : Departement of Mathematics Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31004/joe.v5i2.825

Abstract

The 1945 Constitution of the Republic of Indonesia stipulates explicitly that Indonesia is a state based on law. In a constitutional state (rechtsaat) the state recognizes and protects the human rights of every individual. In a contstiutional state,everyone must be treated equally before the law (equality before the law). The principle of rule of law in the life of society and the state requires the role of an advocate as an independent and free profession. So that this freedom result in the absence of laws governing advocate. However, previously Article 38 of Law number 14 of 1970 had indicated the need to regulate the advocate profession in a separate law. After the law on advocate, namely Law No. 18 of 2003 does not yet clearly stipulate the term of office for the heads of advocate organizations. Therefore, the existence of a law that regulates the term of office for the leadershp of an advocate organization is very important in order to provide comfort and peace among fellow advocate professions.
Etika Profesi Advokat dalam Perspektif Hukum Islam Nur Farah Hana; Mughni Hafilla; Fauziah Lubis
Journal on Education Vol 5 No 2 (2023): Journal on Education: Volume 5 Nomor 2 Tahun 2023
Publisher : Departement of Mathematics Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31004/joe.v5i2.895

Abstract

In terms of exercising its profession while being protected by rules, statutes, and codes of ethics, the advocate profession is a reputable one (officium nobile). are not constrained by a biocratic hierarchy and can act independently. Due to this fact, an advocate may occasionally stray from his professional role, which is a violation of the advocate's code of ethics. Ethics is the cornerstone of a profession, so when there are signs of misconduct and disregard for moral principles, there should be a discussion of the code of ethics for the profession of advocates from the standpoint of Islamic law, with the goal of ensuring that advocates carry out their responsibilities in accordance with the established code of ethics and are not too far from Islamic ethics. This writing's methodology is an analytical descriptive research-based form of normative writing. Techniques used in research libraries for data collection that place an emphasis on legal books, journals, articles, and opinions as sources of information when they are pertinent to the issue being studied. The conclusion of this essay is a description of the professional code of ethics for advocates, which incorporates moral ideals that serve as the foundation for an advocate's professional personality and must not violate moral principles and may not hurt the interests of others
Peran dan Fungsi Advokat sebagai Penegak Hukum Raihan Baihaqi; Hasrat Dihati; Fauziah Lubis
Journal on Education Vol 5 No 2 (2023): Journal on Education: Volume 5 Nomor 2 Tahun 2023
Publisher : Departement of Mathematics Education

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The purpose of this research is none other than to be able to provide input on the integrity of advocates, who are free and independent and cannot be separated from their responsibilities based on a code of ethics. Law enforcement issues in Indonesia are always an interesting topic to discuss. Law enforcement, which from the beginning was only a process that did not find a final result, has led to good discussion in formal and non-formal studies. The discrepancy between expectations and the reality of the operation of the law causes law enforcement to be questioned again, the law has not yet found its true purpose. Factors that are non-legal in nature are suspected as causes that have an impact on discriminatory law enforcement, inconsistency and uncertainty (unjust) which in the end lead to disharmony in society towards the law, especially law enforcement officials. The approach in this legal research uses statutory and conceptual approaches. In addition, the conclusion obtained is that advocates should maintain their integrity as an advocate and behave according to the advocate's code of ethics. However, upholding the code of ethics has so far experienced many obstacles in its enforcement, especially in the absence of a single forum for advocate organizations that is strictly and clearly regulated.