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Hak Waris Anak yang Berbeda Agama dengan Orang Tua Dalam KUH Perdata dan Kitab Hukum Islam Aina Kholilah Lubis; Nursaidah Rambe; Fauziah Lubis
As-Syar'i: Jurnal Bimbingan & Konseling Keluarga Vol 5 No 2 (2023): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Publisher : Fakultas Syariah IAIN Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1290.788 KB) | DOI: 10.47467/as.v5i2.2633

Abstract

This study aims to analyze the arrangements regarding the inheritance rights of children of different religions according to code of Civil law and Islamic law and settlement efforts regarding the distribution of inheritance rights of children of different religions according to Islamic law and code of Civil law.The results showed that the regulation regarding the inheritance rights of children of different religions according to Islamic law is regulated in the hadith and KHI in which non-Muslim children are not entitled to inheritance. However, in practice, in court decisions the judge still gives a share of the inheritance to children of different religions based on a compulsory will. This is against the requirements of Islam and KHI. However, the decision to grant the inheritance is to realize justice, benefit and legal certainty infamily life.Meanwhile, wills are used by judges in court decisions regarding the distribution of inheritance assets. Keywords: Inheritance Rights; Children Of Different Religions; Code of Civil law
Peran Advokat Dalam Memberikan  Bantuan Hukum Berdasarkan Undang-Undang Nomor 16 Tahun 2011 Tentang Bantuan Hukum Zahra Hayati; Khofifah Nabila; Fauziah Lubis
As-Syar'i: Jurnal Bimbingan & Konseling Keluarga Vol 5 No 2 (2023): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Publisher : Fakultas Syariah IAIN Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (843.493 KB) | DOI: 10.47467/as.v5i2.2634

Abstract

The purpose of this research is to find out the role of advocates in providing legal assistance based on Law Number 16 of 2011 concerning Legal Aid, where this research uses the library research method, which can be concluded that the provision of legal aid by advocates besides aims to guarantee and fulfilling the rights of poor people or groups to get access to justice as well, but also aiming to ensure that legal aid is provided evenly throughout the territory of the Republic of Indonesia and to create an effective, efficient and accountable judiciary. Keywords: role of advocates, legal aid
Peran Organisai Profesi Advokat terhadap Anggotanya yang Berhadapan dengan Hukum Kharunnisa Kharunnisa; Chantika Andini Saragih; Fauziah Lubis
As-Syar'i: Jurnal Bimbingan & Konseling Keluarga Vol 5 No 2 (2023): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Publisher : Fakultas Syariah IAIN Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (949.754 KB) | DOI: 10.47467/as.v5i2.2641

Abstract

This study aims to determine the role of Advocate Organizations in maintaining the dignity and dignity of Advocates who are in conflict with the law. Sociologically, the Advocate profession is a profession that is free and independent and is responsible for law enforcement. It also aims to find out the provisions regarding advocate immunity rights to what extent these rights are implemented. The Advocate Law recognizes the limited right of advocate immunity, namely regulated in Article 14, Article 15, Article 16 of the Advocate Law Number 18 of 2003 Concerning Advocates, by recognizing and guaranteeing the protection of Advocates in non-litigation actions carried out in good faith both and for the benefit of the client's defense inside and outside the court. The approach used in this study is a normative juridical approach. The results of this study explain that professional organizations are present in protecting the Advocate profession, especially related to Advocate immunity rights. Keywords: Advocate Organization, Advocate Immunity Right.
Peran Pemerintah Dalam Proses Pemberian Bantuan Hukum secara Prodeo Meilisa Naiborhu; Fauza Az-Zahra Jambak; Fauziah Lubis
As-Syar'i: Jurnal Bimbingan & Konseling Keluarga Vol 5 No 2 (2023): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Publisher : Fakultas Syariah IAIN Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (608.007 KB) | DOI: 10.47467/as.v5i2.2672

Abstract

Based on the Advocate Law, one form of legal services provided by advocates is legal aid (Article 1 number 2 of the Advocate Law). The role of OBH in providing free legal assistance (Prodeo) to people/groups who are unable to process criminal cases is also stipulated in the Criminal Procedure Code. For people who cannot participate in the criminal justice system in certain cases, the officials concerned at all levels of examination are obliged to appoint legal advisers for them. This study uses normative juridical research. The type of data used in this study uses secondary data, namely data from library research. The results of this study are, in the midst of society, the less able groups are separated from the rich/capable groups. To overcome this injustice, the government seeks free legal assistance to people who cannot afford these legal services in order to achieve social justice for all Indonesian people, especially justice in the field of law. In practice, the interest of advocates to carry out the obligation to provide free legal aid and reporting is still low. Kata Kunci: Role of Government, Advocate, Legal Aid
Peran Advokat sebagai Pendamping Hukum Dalam Memberikan Bantuan Hukum terhadap Masyarakat yang Tidak Mampu secara Sukarela Lara Nopi Dayanti; Aulia Nisma; Fauziah Lubis
As-Syar'i: Jurnal Bimbingan & Konseling Keluarga Vol 5 No 2 (2023): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Publisher : Fakultas Syariah IAIN Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (778.328 KB) | DOI: 10.47467/as.v5i2.2676

Abstract

In an effort to realize the role of an advocate as a legal assistant as well as a protector of the human rights of every human being whose function is to provide free legal assistance to underprivileged people, an advocate should have thoroughly administered the law without discriminating against the person's background. So that everyone will be equal before the law. Advocates are law enforcers who are free, independent and responsible for enforcing the law whose existence is guaranteed by law. This shows that advocates have rights, obligations and responsibilities in accordance with the laws and regulations of advocates. In Law Number 18 of 2003 concerning Advocates, it is stated that an Advocate is a person whose profession is providing legal assistance, both in court and outside the Court. What is meant by legal services are services provided by an advocate, namely in the form of providing legal consultations/negotiations, legal assistance, accompanying clients, defending and carrying out legal actions for the benefit of their clientsAn advocate must carry out his duties and professional oath for the sake of upholding justice based on law for the benefit of people who seek justice, including in terms of teaching people about their fundamental rights before the law. In the Advocate oath of profession, Advocates are required to provide legal assistance to people who cannot afford it for free.Therefore advocates need state intervention in it in order to enforce the law as a whole. However, what is currently happening is how to make legal aid not only for the rich but also for the poor. Keywords: Responsibility, Advocate, Legal Aid
Sintegritas Advokat di Indonesia Dalam Pemberian bantuan Hukum secara Cuma-Cuma (Prodeo) Aina Fazira; Melisa Siregar; Fauziah Lubis
As-Syar'i: Jurnal Bimbingan & Konseling Keluarga Vol 5 No 2 (2023): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Publisher : Fakultas Syariah IAIN Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (704.885 KB) | DOI: 10.47467/as.v5i2.2680

Abstract

In carrying out their responsibilities, advocates must be honest, have a strong character, and of course have high intelligence. In addition, advocates must have determination because that is even more important than their skills or vision for the cause. anybody. As a result, Article 28D paragraph (1) of the 1945 Constitution stipulates that "everything related to the protection of dignity is further regulated". Everyone has the right to be recognized, protected, to receive fair legal certainty and to be treated equally before the law. In accordance with human dignity, Article 34 paragraph 2 of the 1945 Constitution states that the state creates a social security system for all people and empowers the weak and incapable. Laws and regulations are based on the 1945 Constitution, one of which is Law Number 16 of 2011 concerning Legal Aid. In accordance with Law no. 16 of 2011, the idea that the state is responsible for providing legal assistance to the poor as a means of ensuring access to justice is the basis for consideration for passing this law. Keywords: Advocate, Sintergrity, Prodeo
Advokat Dalam Perspektif Hukum Islam dan Hukum Positif Fitrah Humairah; Vivin Kadriani Matondang; Fauziah Lubis
As-Syar'i: Jurnal Bimbingan & Konseling Keluarga Vol 5 No 2 (2023): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Publisher : Fakultas Syariah IAIN Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (865.466 KB) | DOI: 10.47467/as.v5i2.2684

Abstract

Advocates, according to Law no. 18 of 2003 concerning Advocates, is someone whose role is to provide legal assistance both inside and outside the court. Legal consultations, legal assistance, exercising power of attorney, representing, accompanying, defending, and carrying out other legal actions on behalf of clients are services that will be offered by advocates. Lawyers can also function as mediators in the pursuit of truth and the protection of justice, Participate in protecting human rights and offer free and independent legal defense. But in reality, the legal profession has advantages and disadvantages in society, especially in its role in providing legal services. As a result, a lawyer who represents clients in religious courts often does so to assist them or advise them legally to win public sympathy. Compliance with these guidelines can help reduce deviant behavior so that procedures can be considered. Keywords: Advocate, Islamic Law, Positif Law
Pengaruh Hak Asasi Manusia pada Lingkungan Sekolah Dalam Perspektif Hukum Chandra Akbar Saputra; M.Raja Parluhutan Rambe; Fauziah Lubis
As-Syar'i: Jurnal Bimbingan & Konseling Keluarga Vol 5 No 2 (2023): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Publisher : Fakultas Syariah IAIN Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (678.392 KB) | DOI: 10.47467/as.v5i2.2685

Abstract

Cases of bullying often occur and have become a common problem that occurs especially in children who are in the school environment. The school environment which is basically a place to study, a place used as a place to find friends and a place that should be a place to enjoy school days has turned into a scary, creepy and horrific place because of the many cases of human rights violations that often occur and neglected. In the school and community environment, acts or acts of bullying or psychological bullying are often found. Bullying psychologically and physically has a very bad impact on victims and even perpetrators. Therefore it is necessary to find solutions to reduce and minimize bullying so that this bullying does not happen again. In Indonesia, cases of bullying or bullying are still very high and quite worrying. In almost every school we find cases of bullying that often occur, besides that cyber bullying also occurs very often and this is outside the supervision of the school environment. In addition to providing protection and assistance to victims of bullying, one way to stop this bullying is by providing special education about the bad effects of bullying and providing education about human rights in particular and the need for strict sanctions for the behavior or actions committed by the bully. Keywords: Human Rights, Bullying, Education, School Environment
Hak Imunitas Advokat terhadap Pembelaan Klien Nur Dalilah Harahap; Nabila Yasmine Al Khanis; Fauziah Lubis
As-Syar'i: Jurnal Bimbingan & Konseling Keluarga Vol 5 No 2 (2023): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Publisher : Fakultas Syariah IAIN Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (742.074 KB) | DOI: 10.47467/as.v5i2.2693

Abstract

Advocates are professionals who provide legal services both on and off the court as required by the provisions by this law. Pasal 16 about Law of Advocat stipulates of a lawyer can't to forcessed because he is doing his job, namely defending his client during the judicial process. If there is bad faith from the Advocate, then the Advocate's right to immunity or legal immunity does not apply. In other words, Advocates' right of immunity is not given absolutely. This is because the Advocate profession is not only law enforcement, but also a legal profession that provides legal services and services based on legal skills. Problems between individuals and groups are often unavoidable in people's lives, problems that often occur and cannot be avoided include legal disputes. These legal disputes sometimes cannot be resolved by the parties themselves through deliberation to reach a consensus so that in the end they have to be processed through legal channels (court proceedings). If a dispute must be resolved legally, all circles need professional services in the legal field to help resolve the legal dispute. According to the description of the background problem, Many problems can be formulated and solved scientifically in this research . Some of these among the several conflicts, namely: 1. How about application of advocate immunity rights in Indonesia? 2. What obstacle do advocates experience in implementing rights? immunity in Indonesia and how to solve it? Keywords; Immunity, Advocate, Client Defense.
Peran Mediator Dalam Mengurangi Tingkat Perceraian di Pengadilan Agama Medan Wahda Hilwani Damanik; Muthia Erina Nasution; Fauziah Lubis
As-Syar'i: Jurnal Bimbingan & Konseling Keluarga Vol 5 No 2 (2023): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Publisher : Fakultas Syariah IAIN Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (726.844 KB) | DOI: 10.47467/as.v5i2.2720

Abstract

Article 1 paragraph (1) explains “Mediation is a way of settling disputes through a negotiation processto obtain an agreement between the parties assisted by a mediator”. Paragraph (2) “A mediator is a judge or other party who has a mediator certificates as a neutral party who assists the partes in the negotiation process to find various possibilities for dispute resolution without resorting to deciding or forcing a settlement”. The mediator has carried out mediation to the maximum to increase the success of mediation, especially in divorce cases. Mediation in the Religious Court is a peace process carried out by a mediator judge between the litigants to reach an agreement with a win-win solution. Keywords: Role, Mediator, Divorce, Religious Courts
Co-Authors Abdau Abdi Chaniago Ade Yusrah Hasanah Adji Prasetia Agustina Berutu Ahmad Irpan Ahmad Raihan Mubarak Aina Fazira Aina Kholilah Lubis Ainul Mardhiyah Khaidir Aja Maimuna Akbar Maulana Alif Randi Ramadhan Amalia Nurzannah Amanda Fildzah Sagala Annisa Radila Tarigan Ary Darma Prastio Aulia Fahira Hanan Aulia Nisma Chandra Akbar Saputra Chantika Andini Saragih Dea Ratna Sari Siregar, Dedy Syahputra Denni Herdiansyah Dinda Nurul Khotimah Erika Nurul Hidayah Fauza Az-Zahra Jambak Firmansyah Firmansyah Fitrah Humairah Hamidatul Luhuriyah Hikmah Amna Mnr Ibnu Ilham Pratama Indra Pratama Ine Pebrianti Harahap Iqbal Yudha Pratama Ismail Adha Izzatunnada Izzatunnada Januar Januar Kharunnisa Kharunnisa Khofifah Nabila Lara Nopi Dayanti M. Arif Fadillah A. Tanjung M. Irkham M. Ridho Hakim M. Yusuf Alfi Syahrin Sir M.Raja Parluhutan Rambe Maharani Maharani Mahdi Nasution Mawaddah Permatasari Meilisa Naiborhu Melinna Anggraini Melisa Siregar Mhd Alwin Miswar Nasution Muhammad Fathony Muhammad Roni Pratama Muhammad Royhan Muthia Erina Nasution Mutiara Sachputri Nabila Yasmine Al Khanis Nisa Permata Sari Nur Dalilah Harahap Nurhidayati Nurhidayati Nursaidah Rambe Ratih Syahputri Raydatul Maqfirah Rio Bayu Riansyah Harahap Rizki Ananda Utami( Rizki Zil Ikram Rambe Rudi Pratama Sahrizal Rambe Sari Ramadani( Sri Wardani Sirait Syifauzzahrah Syifauzzahrah Tengku Maulana Syah Tety Marlina Tarigan Tri Nastiya Vivin Kadriani Matondang Wahda Hilwani Damanik Widya Kusvie Ayuningtyas Wiwied Sekar Arum Wulan Syaputri Zahra Hayati Zulfan Baihaqi Zulfikri Zulfikri  Chairany Kartika Sipayung,  Tiara Nabila