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Peranan Advokat Sebagai Konsultan Hukum Dalam Penegakan Hukum Pidana di Indonesia Perspektif Undang-Undang Nomor 18 Tahun 2003 Zulfan Baihaqi; M. Ridho Hakim; 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 | DOI: 10.47467/as.v5i2.2722

Abstract

Article 5 of the law of the Republic of Indonesia Number 18 of 2003 concerning Advocates has regulated the existence of Advocates as law enforcers. Law enforcement is a must for the state to protect its citizens, because law enforcement is upholding the values ​​of truth and justice. Efforts to tackle crime with criminal law are essentially part of criminal law enforcement efforts. Criminal law enforcement is realized through a legal policy that is part of national legal politics. This involves various elements within the state, from legislators, law enforcement officials, to citizens. The role of advocates as professionals who are free, independent and responsible as legal consultants in relation to the implementation of criminal law. such as police and prosecutors. Criminal law is one of the pillars in maintaining the rule of law. Therefore the purpose of this writing is to find out and analyze the role of advocates in enforcing criminal law in Indonesia as in the advocacy law, namely Number 18 of 2003. The writing method used is the normative juridical method. The normative juridical method is library law research which is carried out by examining library materials or mere secondary data. The data collection method itself uses primary data research methods. Primary data was obtained from empirical research on research informants who were considered relevant and representative. Data collection procedures were carried out through library research. Keywords: Advocate, Law Enforcement, Legal Consultant
Analisis Investasi Aplikasi Trading Binomo: Studi Kasus Indra Kenz Annisa Radila Tarigan; Dea Ratna Sari 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 (920.139 KB) | DOI: 10.47467/as.v5i2.2784

Abstract

The crime of money laundering under the guise of investment is very important to be discussed, discussed, and analyzed because now this crime is getting easier to do. One reason is globalization. What is the OJK's steps in the case that is currently happening in the community? How does the Binomo app work? Data collection is done by analyzing from several sources of books and journals, which in this case explains the steps of the OJK as the role of the Financial Supervisory Agency in Indonesia. OJK is a financial supervisory agency with the aim that all financial service activities in the financial services sector are carried out in an orderly, fair, transparent, and accountable manner, considering the currently busy case, namely the crime of money laundering under the guise of investment committed by Indra Kenz. Keywords: Financial Services Authority, Binomo, Indra Kenz
Advokat sebagai Officium Nobile Berasarkan Undang-Undang No. 18 Tahun 2003 tentang Advokat Amalia Nurzannah; Amanda Fildzah Sagala; 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 (878.506 KB) | DOI: 10.47467/as.v5i2.2788

Abstract

The Advocate profession is an honorable profession (officium nobile) that is subject to a code of ethics by the provisions. The position of an Advocate that is equal to other law enforcers makes Advocates have an important role in the legal order in Indonesia. Seeking truth and justice based on morality, integrity, and knowledge. This study aims to find out how the role of an Advocate as officium nobile is based on Law No. 18 concerning Advocates. By using research methods with a normative juridical approach concerning legal norms and relevant literature. So that the result is that Advocates are referred to as noble professions (officium nobile) because they carry out the task of helping provide justice and enhancing human dignity. The naming of an Advocate as officium nobile is because of the aspect of trust that is carried out to fight for people's rights. As a noble profession, advocates are required to be able to assist free of charge in helping people seek truth and justice. Keywords: Officium Nobile, Justice, Law Enforcement
Peranan Advokat sebagai Mediator di Pengadilan Agama Dalam Perspektif Maslahah Mursalah Wiwied Sekar Arum; Ade Yusrah Hasanah; 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 (834.574 KB) | DOI: 10.47467/as.v5i2.2789

Abstract

Advocate is a law enforcement and free, independent and responsible job in enforcing the law guaranteed by law for the implementation of effort to upload the rule of law. According to Law No, 16 Year 2003 concerning Advocates, insisted that, Advocate is a person who is providing legal services both inside and outside the court that meets the requirements in accordance with applicable regulations. The legal sevices provided by advocates include providing legal consultations, legal assistance, exercising power of attorney, representing, accompanying, defending, and carrying out otjer legal actions in the in the interests of clients. Everyone with the title of advocate must always try to improve the quality of service to the community because advocates are the link between society and the state.Advocate as law enforcement officer also play a role as mediators who assist the mediation process in court.The research method that the authors use is a normative juridical approach.The authority of an advocate practicing in a religious court is the same as an advocate practicing in a general court.The existence of an advocate has an important meaning in providing a solution to the problems faced by someone, especially thos who practice in religious courts. Keywords : Advocate Role, Mediators,Maslahah Mursalah
Urgensi Penegakan Hukum Terkait Kejatahan Tindak Pidana Suap Dalam Etika Profesi Advokat Iqbal Yudha Pratama; Miswar 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 (760.806 KB) | DOI: 10.47467/as.v5i2.2790

Abstract

In Indonesia, Law Enforcement Officials, Including Judges, Prosecutors, Police, And Advocates, Are Responsible For Delivering Justice. Advocates Are Law Enforcement Officers Who Assist Clients Seeking Justice In The Legal System And Provide Legal Aid Services. Assistance Is The Process Of Making It Easier For Clients To Solve Problems When Dealing With The Legal Process. Advocates Are Obliged To Uphold Human Rights And Devote Themselves To The Interests Of Society Rather Than Themselves, Making Their Profession A Noble One. However, It Turns Out That Many Advocates Have Stated That They Have Committed Crimes Since 2005, At Least 22 Advocates Have Been Charged With Corruption Cases, 16 Advocates Have Committed Bribery, Two Advocates Have Provided Inaccurate Information, And Four Others Have Obstructed Investigations. The Results And Discussion Of The Research Show That Criminal Cases Of Bribery Committed By Advocates Can Be Tried By The State Through Law In Statutory Regulations As Stipulated In The Criminal Code, The TPS Law, And The PTPK Law. This Study Aims To How To Enforce The Law On The Crime Of Bribery Committed By Advocates In Carrying Out Their Duties And Profession. The Method Used In This Study Is A Normative Juridical Method By Taking An Approach Through Statutory Regulations. Keywords: Crime, Law Enforcement, Justice
Implementasi Bantuan Hukum Pro Bono dan Pro Deo Dalam Penegakan Hukum di Indonesia Nurhidayati Nurhidayati; Maharani Maharani; 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 (816.567 KB) | DOI: 10.47467/as.v5i2.2791

Abstract

Law exists in people's lives with the aim of creating justice, order and peace in society where the law applies, the State clearly emphasizes through legislation that every citizen is seen as equal before the law and has the right to equality in legal protection. However, in reality, people with low economic status, or because of their ignorance, are unable to feel the protection and protection of the law in order to fight for justice, this is contrary to the principle of a rule of law, namely demanding guarantees of equality before the law . This research belongs to normative legal research (normative juridical), research using primary legal materials accompanied by secondary legal materials. A statutory approach is used in this study to analyze all related arrangements. In this study will discuss issues regarding implementation and related legal arrangements. The findings in this study indicate that there is an obligation for law enforcers to be able to provide maximum and equitable legal services for all levels of society, be it free legal assistance, pro bono case handling, or pro deo proceedings. The next finding is that there are sanctions for law enforcers who refuse to carry out these obligations. Keywords: Legal Aid, Pro Bono obligations, Pro Deo obligations.
Penerimaan Honor/Upah Advokat dalam Perspektif Hukum Islam Agustina Berutu; Aulia Fahira Hanan; Fauziah Lubis
Mimbar Kampus: Jurnal Pendidikan dan Agama Islam Vol 22 No 1 (2023): Mimbar Kampus: Jurnal Pendidikan dan Agama Islam
Publisher : Fakultas Tarbiyah IAI Nasional Laa Roiba

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (331.093 KB) | DOI: 10.47467/mk.v22i1.2786

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In every job, honesty and great accountability are needed, especially in carrying out the mandate entrusted to workers, especially being an advocate. every problem from his client. In determining the honorarium for his client, he must pay attention to the condition of his client and in Islamic law there is no regulation regarding the halal or unlawful honorarium received by advocates in carrying out their work. his clients in the perspective of Islamic law and the purpose of this research is to find out the halalness of receiving honorariums in the perspective of Islamic law using the juridical-normative research method. The results of the study indicate that the honorarium paid ima by an advocate is lawful if the money received is not the result of fraud between the client and the advocate and justifies any means to win the client's case. Keywords: advocate, honorarium, halal
Legalitas Advokat Dalam Perspektif Hukum Islam Ratih Syahputri; Izzatunnada Izzatunnada; Fauziah Lubis
Mimbar Kampus: Jurnal Pendidikan dan Agama Islam Vol 22 No 1 (2023): Mimbar Kampus: Jurnal Pendidikan dan Agama Islam
Publisher : Fakultas Tarbiyah IAI Nasional Laa Roiba

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (347.382 KB) | DOI: 10.47467/mk.v22i1.2787

Abstract

This research a normative juridical approach because it uses secondary data as the main data source, which is also based on law No.18 of 2003 and sources of islamic law, namely the koran, hadith, and also the opinions of the scholars. There is also secondary legal material in the form of references to several books and also some existing journals. The rosults of this study are regarding how the legality of the perspective of islamic law advocates is that and islam there is no word advocate. But if we look at its function, jurists equate the position of an advocate in islam with a provider of legal aid services, sech as: hakam, mufti, mushalih. The theree legal aid providers are almost the same function as an advocate, namely law enforcement agencies outside the government whose job is to provide legal aidservices to the public. It is also said that before a case is submitted to the judicial process, the parties to the dispute are obliged to seek legal experts to give their ijtihad. So the legality of the advocate itself in islam also axists, it’s just that in islam thet don’t recognize the word advocate. Keywords: Legality, Islamic Law, Trust
Etika Profesi Advokat Dalam Menangani Perkara Hukum Menurut Perspektif Hukum Islam Rudi Pratama; Adji Prasetia; Fauziah Lubis
Mimbar Kampus: Jurnal Pendidikan dan Agama Islam Vol 22 No 2 (2023): Mimbar Kampus: Jurnal Pendidikan dan Agama Islam
Publisher : Fakultas Tarbiyah IAI Nasional Laa Roiba

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (360.465 KB) | DOI: 10.47467/mk.v22i2.2874

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Advocate is a noble profession (officium nobile). The main task of an advocate in court is to present facts and considerations that are related to the client he is defending in a case, thus enabling the judge to give the fairest decision. In order for an advocate to carry out his duties properly, it is necessary to have an advocate's guidelines in doing something, namely the existence of an advocate's code of ethics.islam is a perfect religion and regulates all human activities and human behavior. Advocate ethics are also regulated in Islam.This research is also known as library research, namely research conducted using library materials or library literature as written sources.In Islam, it is emphasized for law enforcers (advocates) to prioritize the value of justice when dealing with clients in resolving a legal case. In carrying out his profession, an advocate for clients must be based on mutual trust.This noble profession will be tarnished by deviant practices carried out by a few advocates in providing legal services to clients or the public, which will have a very significant negative impact on the organization and the profession.The ethics of an advocate in Islam must be fair, have a noble character, and speak polite and polite words, not dirty words. Keyword : Advocate, Proffesssion, Advocate code of ethics
Pertanggung Jawaban Pelaku Tindak Pidana Penggelapan Dalam Perspektif Hukum KUHP 374 Ine Pebrianti Harahap; Hamidatul Luhuriyah; Fauziah Lubis
As-Syar'i: Jurnal Bimbingan & Konseling Keluarga Vol 5 No 3 (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 (689.999 KB) | DOI: 10.47467/as.v5i3.2846

Abstract

The crime of offense in the office is governed by article 374 of the code of criminal code, is a criminal offence from the evasion in the basic form of article 372 of the criminal code.This crime is closely related to morals and belief in someone's honesty which leads to a lie about that belief that takes advantage of the position itself. This research aims to determine the legal regulation of the crime of embezzlement in office, and to know the law enforcement against the perpetrators of the crime of embezzlement in office in Decision Number 112/PID.B/2021/PN. This research uses normative research type. Embezzlement In Office, Embezzlement, Crime
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