Articles
<![CDATA[Wanprestasi terhadap Isi dari Surat Kuasa ]]>
<![CDATA[Ainul Mardhiyah Khaidir]]>;
<![CDATA[Wulan Syaputri]]>;
<![CDATA[Fauziah Lubis]]>
<![CDATA[ As-Syar'i: Jurnal Bimbingan & Konseling Keluarga Vol 5 No 3 (2023): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga ]]>
Publisher : <![CDATA[Fakultas Syariah IAIN Laa Roiba Bogor ]]>
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DOI: 10.47467/as.v5i3.2848
<![CDATA[This research was conducted with the aim of knowing the action of default on the contents of the power of attorney. This research belongs to the form of descriptive qualitative research, namely by providing an overview of the status of phenomena that occur in research subjects and discussed systematically and rationally. In essence, absolute power is not structured in the Civil Code, but absolute power is applied in legal traffic on the results of its development, which is in accordance with the law based on the principle of freedom of contract, as in Article 1338 paragraph (1) of the Civil Code, which states that every agreement is legally established and based on with the law, then they make it. This article is known to be the basis for freedom in making agreements and freedom of contract. The Panel of Judges also has considerations related to the decision case Number 704/Pdt.G/2017/PN.Mdn which states that if the Defendant breaks a promise alias default, as evidenced by the granting of a power of attorney that has been agreed upon but terminated by one party, and this cannot be revoked or canceled. Keywords: Code of Ethics, Advocate, Power of Attorney.]]>
<![CDATA[Peran Penting Organisasi Advokat Dalam Membentuk Karakter Sesuai dengan Kode Etik Keadovokat di Indonesia ]]>
<![CDATA[Raydatul Maqfirah]]>;
<![CDATA[ Chairany Kartika Sipayung,]]>;
<![CDATA[Fauziah Lubis]]>
<![CDATA[ As-Syar'i: Jurnal Bimbingan & Konseling Keluarga Vol 5 No 3 (2023): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga ]]>
Publisher : <![CDATA[Fakultas Syariah IAIN Laa Roiba Bogor ]]>
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DOI: 10.47467/as.v5i3.2851
<![CDATA[Advocates are one of the law enforcers in Indonesia, therefore, like other law enforcers in Indonesia, advocates in their formation must be based on special advocacy education which is usually held for 6 months. This was done because syraiah scholars and other law graduates were accepted as advocates, so this special advocacy education was held with the aim of equalizing learning related to advocacy to produce advocates who are in accordance with their functions and duties as advocates. Special education for the advocacy profession is organized by an advocacy organization where PERADI is the parent organization for advocates in Indonesia which was established based on a law so that it has the authority to organize this education. Furthermore, in carrying out special advocacy education, PERADI can partner with other agencies/institutions in the special advocacy education program with the condition that they must first obtain approval from PERADI which is shown through a letter of agreement. And after attending special advocacy education, you don't immediately become an advocate, prospective advocates must take an exam to become an advocate profession and be legalized and appointed as an advocate by an advocate organization which in Article 2 paragraph 2 of Law No. 18 of 2003 states that PERADI is the highest advocacy organization. and then the advocate takes the oath of office so that every advocate in Indonesia does not violate the advocacy code of ethics. In this case, it is explained in Article 30 paragraph 2 of Law No. 18 of 2003 that every prospective advocate who has been appointed as an advocate by an advocate organization based on the Advocate Law, is obliged to become a member of that advocate organization. In the case of this very long and strict examination related to candidates for the position of advocate, it is hoped that all those who will become advocates in Indonesia will not violate their oath of office and violate the advocacy code of ethics and will run according to their advocacy function, namely as advisors and law enforcers who are protected by law in Indonesia. Keywords: role, advocate organization, advocate profession]]>
<![CDATA[Advokat Sebagai Mediator di Luar Pengadilan ]]>
<![CDATA[Dedy Syahputra]]>;
<![CDATA[Rizki Zil Ikram Rambe]]>;
<![CDATA[Fauziah Lubis]]>
<![CDATA[ As-Syar'i: Jurnal Bimbingan & Konseling Keluarga Vol 5 No 3 (2023): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga ]]>
Publisher : <![CDATA[Fakultas Syariah IAIN Laa Roiba Bogor ]]>
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DOI: 10.47467/as.v5i3.2862
<![CDATA[The implementation of mediation in court still seems formalistic, and can result in a slower case settlement process. Sometimes the decision also cannot produce a decision that benefits both parties and therefore the Advocate is present as a mediator outside the court who can be relied on and transparent. The method used in this research is the normative juridical method where the research is carried out based on the main legal material by examining the theories, concepts, legal principles and laws and regulations related to this research. , where research is reviewed from several bibliography and then analyzed carefully. Research shows that Advocates as Mediators outside the court are very good and are very much needed by the community because they can help the community in resolving disputes easily and without new conflicts. Keywords: Violation, Code Out of court, Advocate]]>
<![CDATA[Peranan Advokat sebagai Penegak Hukum ]]>
<![CDATA[Melinna Anggraini]]>;
<![CDATA[Mutiara Sachputri]]>;
<![CDATA[Fauziah Lubis]]>
<![CDATA[ As-Syar'i: Jurnal Bimbingan & Konseling Keluarga Vol 5 No 3 (2023): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga ]]>
Publisher : <![CDATA[Fakultas Syariah IAIN Laa Roiba Bogor ]]>
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DOI: 10.47467/as.v5i3.2864
<![CDATA[Advocate is a law enforcement and a free, independent and responsible job in enforcing the law guaranteed by law. It means that lawyers have rights, obligations and responsibilities in accordance with the rules of law advocates. According to Law No. 18 Year 2003 concerning Advocates, insisted that, Advocate is a person who is providing legal services both inside and outside the court. Legal services in question are services rendered in the form of lawyers providing legal advice, legal assistance, exercise the power, represent, assist, defend and perform other legal actions in the interests of the client. Keywords : Law Enforcement, Advocate, Court, Legal Advice.]]>
<![CDATA[Mengungkap Identitas Pelaku Pelecehan Seksual di Media Sosial Melanggar UU Perlindungan Data Pribadi? ]]>
<![CDATA[Widya Kusvie Ayuningtyas]]>;
<![CDATA[Tri Nastiya]]>;
<![CDATA[Fauziah Lubis]]>
<![CDATA[ As-Syar'i: Jurnal Bimbingan & Konseling Keluarga Vol 5 No 3 (2023): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga ]]>
Publisher : <![CDATA[Fakultas Syariah IAIN Laa Roiba Bogor ]]>
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DOI: 10.47467/as.v5i3.2866
<![CDATA[The purpose of this research is to examine whether disclosing the identity of perpetrators of sexual harassment on social media violates the Personal Data Protection Act? Because according to the 2021 Komnas Perempuan Annual Records, sexual violence against women has increased significantly over the last ten years (2010-2020). The occurrence of sexual violence is caused by several factors which will be discussed in this paper. The formulation of the problem taken in this research is whether the victim who reveals the identity of the perpetrator of sexual harassment on social media violates the Personal Data Protection Law and what legal remedies can be taken by victims of sexual harassment and what are the appropriate sanctions for perpetrators of sexual harassment. The research method is a descriptive method, namely by explaining the results of research in an accurate, systematic and accurate manner. The result of this research is that personal data protection is one of human rights which is part of personal self-protection. Based on the Personal Data Protection Law, it is concluded that victims of sexual harassment who reveal the identity of the perpetrator have the potential to be subject to articles that have been approved by the Indonesian state. Legal remedies for victims of sexual harassment who reveal the identity of the perpetrator is to make a report to the police that they have experienced sexual harassment, if the victim feels afraid it can be reported by someone who knows the incident, sexual harassment can also be reported by the UPTD PPA and during the process of reporting to the police the victim entitled to guaranteed protection from the LPSK and several kinds of sanctions with the type of case of perpetrators of sexual harassment will also be attached to this paper Keywords: Sexual Harassment, Personal Data Protection Law, Social Media]]>
<![CDATA[Perlindungan Hukum terhadap Keluarga Justice Collaborator ]]>
<![CDATA[Sri Wardani Sirait]]>;
<![CDATA[Nisa Permata Sari]]>;
<![CDATA[Fauziah Lubis]]>
<![CDATA[ As-Syar'i: Jurnal Bimbingan & Konseling Keluarga Vol 5 No 3 (2023): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga ]]>
Publisher : <![CDATA[Fakultas Syariah IAIN Laa Roiba Bogor ]]>
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DOI: 10.47467/as.v5i3.2883
<![CDATA[The purpose of writing this article is to identify and analyze how legal protection and rights are regulated for families with Justice Collaborator status in an effort to uncover criminal acts. The method in this study uses a normative juridical approach. From the research conducted, the authors obtained results in the form of legal protection for Justice Collaborator families who have protection and have rights including supervision and escort, provision of body security equipment, provision of medical and psychological services, reimbursement of living expenses during the protection period, reimbursement of accommodation costs and transportation during the protection period, protection provided in a safe house, relocation and a new identity in accordance with Undang Undang No 31 Tahun 2014 Pasal 5 concerning the protection of witnesses and victims. Keywords: legal protection, justice collaborator, crime.]]>
<![CDATA[Advokat yang Merintangi Proses Penyidikan Perkara Tindak Pidana Korupsi Dihubungkan dengan UU No 18 Tahun 2003: ]]>
<![CDATA[Aja Maimuna]]>;
<![CDATA[Fauziah Lubis]]>
<![CDATA[ As-Syar'i: Jurnal Bimbingan & Konseling Keluarga Vol 5 No 3 (2023): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga ]]>
Publisher : <![CDATA[Fakultas Syariah IAIN Laa Roiba Bogor ]]>
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DOI: 10.47467/as.v5i3.2886
<![CDATA[An advocate is one of the law enforcers whose job is to provide legal assistance or legal services to the public or clients who are facing legal problems whose very existence is needed by the community (Winarta, 1995). The purpose of this writing is to analyze advocates who hinder the process of investigating corruption cases related to Law No. 18 of 2003 concerning Advocates in the Manatap Ambarita, SH case. The author uses a descriptive analysis method, which is a method of solving actual problems by collecting data, compiling or classifying, explaining and then analyzing. The results of the study show that advocate defendants are prohibited from obstructing various processes of investigation and examination of criminal cases, especially corruption as an extraordinary crime. The actions of an advocate obstructing the process of investigating and examining a criminal act of corruption can be threatened with Article 21 of Law Number 31 of 1999 jo. Law Number 20 of 2001 concerning the Eradication of Corruption Crimes shall be subject to imprisonment for a minimum of 3 (three) years and a maximum of 12 (twelve) years and/or a fine of at least Rp. 150,000,000.00 (one hundred and fifty million rupiahs) and a maximum of Rp. 600,000,000.00 (six hundred million rupiahs) has explained the elements and forms of criminal responsibility for the crime of obstructing the investigation and examination of corruption cases. Keywords: Advocate, Crime, Corruption]]>
<![CDATA[Kedudukan Advokat Guna Membantu Lembaga Penegak Hukum Dalam Pelaksanaan Hukum Pidana di Indonesia ]]>
<![CDATA[Ibnu Ilham Pratama]]>;
<![CDATA[Sahrizal Rambe]]>;
<![CDATA[Fauziah Lubis]]>
<![CDATA[ As-Syar'i: Jurnal Bimbingan & Konseling Keluarga Vol 5 No 3 (2023): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga ]]>
Publisher : <![CDATA[Fakultas Syariah IAIN Laa Roiba Bogor ]]>
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DOI: 10.47467/as.v5i3.2896
<![CDATA[The position of an advocate is written in the Law of the Republic of Indonesia Number 18 of 2003. An advocate is a profession that is well known in the field of law. However, the existence of Article 5 paragraph 1 (one) does not yet provide an explanation of the form of meaning as a law enforcer. Particularly in the role of elements in law enforcement in the criminal justice system in Indonesia, the method used in this research is the normative juridical method which aims to explore and study various laws and regulations, discuss the position of an advocate and know the responsibilities of an advocate in assist law enforcement agencies in the implementation of criminal law in Indonesia. Data analysis in this study was carried out using descriptive qualitative. Based on the research, it was concluded that the role of lawyers in the Indonesian criminal justice system: The role of advocates in the Indonesian legal system is recognized as the police is the same as other law enforcement professions such as police, prosecutors and judges according to Law Number 18 of 2003 concerning Law, therefore it is expected to practice law in a position equal to upholding the law and based on professionalism. About justice and upholding the truth. The duties, obligations, attitudes and responsibilities of an advocate as a police officer are all contained in the code of ethics of the legal profession which forms the basis of his practice. Keyword: Position, advocate, criminal law]]>
<![CDATA[Analisis Penyebab Penolakan Kasus dan Faktor Penghambat Advokat Dalam Melaksanakan Profesionalitasnya ]]>
<![CDATA[Indra Pratama]]>;
<![CDATA[M. Yusuf Alfi Syahrin Sir]]>;
<![CDATA[Fauziah Lubis]]>
<![CDATA[ As-Syar'i: Jurnal Bimbingan & Konseling Keluarga Vol 5 No 3 (2023): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga ]]>
Publisher : <![CDATA[Fakultas Syariah IAIN Laa Roiba Bogor ]]>
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DOI: 10.47467/as.v5i3.2905
<![CDATA[This research is made to analyze the causes of a case or case rejected by an advocate in an effort to provide legal counsel to prospective clients and find out what are the factors that hinder an advocate in carrying out professionalism in handling a case. In this study, researchers used exploratory descriptive qualitative research methods. Exploratoryly, this research uses literature studies in its studies. This research shows that in a situation it is permissible for an advocate to reject a case or a case from a prospective client if the circumstances are in accordance with those stated in the advocate's code of ethics. In addition, there are several inhibiting factors that occur in a case so that it can hinder an advocate in carrying out his professionalism such as inadequate infrastructure facilities, time problems, and several other inhibiting factors. Keywords: Advocate; Code; Case Disclaimer]]>
<![CDATA[Peran Pemerintah Mengatasi Perselisihan Dalam Organisasi Advokat di Indonesia ]]>
<![CDATA[Hikmah Amna Mnr]]>;
<![CDATA[Syifauzzahrah Syifauzzahrah]]>;
<![CDATA[Fauziah Lubis]]>
<![CDATA[ As-Syar'i: Jurnal Bimbingan & Konseling Keluarga Vol 5 No 3 (2023): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga ]]>
Publisher : <![CDATA[Fakultas Syariah IAIN Laa Roiba Bogor ]]>
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DOI: 10.47467/as.v5i3.2989
<![CDATA[The ongoing problem is related to the formation of the PERADI Advocate Organization and the KAI Advocate Organization, where PERADI stated that the organization was the only advocate organization that was legally recognized by law, but this was opposed by KAI with one of the reasons that the establishment of the PERADI Advocate Organization does not comply with applicable regulations. The research method uses a normative juridical approach.The author can conclude that the role of the government as an intermediary in the formation of the forum is formed by the government, but in its management it is still handed back to the Advocates or the advocate organization itself, this is intended to continue to emphasize the role and function of the Advocate as a profession that is free, independent and responsible. Key word: Advocate, government role, organization.]]>
